Downingtown City Zoning Code
ARTICLE XIX
Signs
§ 287-112 Purpose.
The purpose of this article is as follows:
A.
To provide for signs as a means of effective visual communication.
B.
To promote adopted comprehensive planning and zoning objectives.
C.
To assure compatibility of signs with land uses and buildings in the vicinity of the signs and in the community as a whole.
D.
To enhance the safety of pedestrians, vehicular traffic and property.
E.
To enhance the economic value of the community.
F.
To enhance the aesthetic environment.
G.
To minimize adverse effects of signs on nearby property.
H.
To otherwise promote the public health, safety, morals and general welfare of the community.
I.
To regulate the use of signs through a sign permitting process.
J.
To enable the fair and consistent enforcement of these sign regulations.
§ 287-113 Definitions.
The following are definitions of signs only:
Any projection which is not intended for occupancy and which extends beyond the face of an exterior wall of a building but shall not include signs.
The entire area of a sign on which copy could be placed. In computing area of sign background, only that face or faces which can be seen from any one direction at one time shall be counted.
That portion of any exterior elevation of a building extending vertically from grade to the top of the parapet wall or eaves and horizontally across the entire width of the building elevation.
A sign attached to or part of a building or primary structure, including but not limited to awnings, canopies, etc.
[Added 3-27-2002 by Ord. No. 2002-6]
A shelter supported from an external wall using a rigid frame and a nonrigid or rigid surface.
[Added 3-27-2002 by Ord. No. 2002-6]
Any panel which has changeable copy regardless of method of attachment or method of effecting copy change.
The actual area of the sign copy applied to any background. Compute copy area by straight lines drawn tangent of copy extremities encompassing individual letters, words or graphic elements.
Any sign placed outside a building.
The front of a building; any face of a building given special architectural treatment.
[Added 3-27-2002 by Ord. No. 2002-6]
A sign in which a source of artificial light is used in order to make the message readable. The definition shall include internally and externally lighted signs.
A permanent roofed structure attached to and supported by a building and projecting over public property or a pedestrian walkway.
An environment that invites an individual to walk; to encourage foot traffic by creating a pedestrian-safe environment.
[Added 3-27-2002 by Ord. No. 2002-6]
The uppermost line of a roof of a building or, in the case of extended facade or parapet, the uppermost height of said facade or parapet.
The minimum distance measured from the average ground level below the sign to the bottom of the sign.
[Added 3-27-2002 by Ord. No. 2002-6]
Any structure which supports, has supported or is capable of supporting a sign.
Any identification, description, illustration or devise illuminated or nonilluminated which is visible from any public place and which draws attention to a product, service, place, activity, person, institution, business or solicitation or any emblem, painting, banner, pennant, placard or temporary display designed to advertise, identify or convey information with the exception of interior signs and national or corporate flags.
§ 287-114 Types of signs.
The following definitions apply to types of signs that apply to this chapter:
A sign that is made up of two sides/faces that are hinged at the top. Each side will not exceed three feet by four feet or 12 square feet per side or face.
[Added 3-27-2002 by Ord. No. 2002-6]
A sign with action or motion, flashing or color changes, requiring electrical energy, electronic or manufactured sources of supply, but not including wind actuated elements, such as flags, banners or other like items. For the purpose of this chapter, this definition shall not be meant to include public service signs, such as time and temperature units, or revolving or changeable message signs, which are manually or electrically activated, or visually projected signs.
[Amended 3-27-2002 by Ord. No. 2002-6]
A semipermanent retractable shelter supported entirely from the exterior wall of a building and composed of nonrigid, opaque or translucent materials except for the supporting framework.
[Amended 3-27-2002 by Ord. No. 2002-6]
A flexible material sign, without framing, secured at its corners by means of fasteners or rope-type lines.
A permanent off-premises sign erected, maintained or used for the purpose of providing copy area for advertising messages.
A business sign which provides identification at the entrance to a center, such as a shopping center, office complex or industrial park.
A sign on which message copy can be changed through use of attachable letters, numerals or graphics or by electronic switching of lamps or other illuminated devices. This includes public service information displays or any sign which features automatic switching or changing of its message content. This does not include time and temperature signs.
[Amended 3-27-2002 by Ord. No. 2002-6]
Any sign which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to which or on which the public is directed.
A sign in which the names of the businesses are listed in a multiunit commercial building.
[Added 3-27-2002 by Ord. No. 2002-6]
A sign where scrolling text messages are displayed via an electronic format.
[Added 3-27-2002 by Ord. No. 2002-6]
Any sign which has electrical wiring in, on or attached to it or which is otherwise illuminated or energized by electrical current.
See "wall/fascia sign."
A sign supported by one or more columns, uprights or braces placed in the ground.
[Added 3-27-2002 by Ord. No. 2002-6[1]]
A sign supported by one or more columns, uprights or braces placed upon the ground.
[Added 3-27-2002 by Ord. No. 2002-6]
Any sign identifying premises where food, lodging or places of business are located which engage in supplying goods and services essential to normal operation of motor vehicles and where such enterprises are directly dependent upon an adjacent freeway for business.
A temporary sign which directs attention to the sale of personal goods on the premises on which the sign is located.
A sign providing information about a business activity conducted within a dwelling unit on the premises on which the sign is located.
An informational sign, no more than two square feet in size and not including any commercial message or logo, which carries a message such as "enter," "telephone," "rest rooms," "no parking," "no trespassing," "warning," a listing of hours when open, an on-site direction or anything similar.
Any sign placed within a building regardless of whether its message is visible to the exterior of the building, but not including window signs as defined and regulated by this chapter. Except for such window signs, interior signs are not regulated by the zoning provisions of this chapter.
Any sign attached to or constructed in a marquee.
A sign directing attention to a business, industry, profession, commodity, service or entertainment not necessarily sold or offered upon the premises where the sign is located.
A sign which carries only messages strictly incidental to a lawful use of the premises on which it is located. Such sign or sign devices may include but are not limited to messages indicating the business transacted, services rendered, goods sold or produced on the premises, the name of the business, the name of the person, firm or corporation occupying the premises.
A sign, when affixed to or hung in a window or painted onto the window surface, that relates specific information about the use, including but not limited to the name or products sold, and shall be counted as part of the maximum sign area allowed for the principal use.
[Added 3-27-2002 by Ord. No. 2002-6]
Any sign which displays the name and/or picture of an individual seeking election or appointment to a public office or pertaining to a forthcoming public election or referendum or pertaining to or advocating political views or policies.
[Amended 3-27-2002 by Ord. No. 2002-6]
Any sign not permanently attached to the ground or to a building or building surface; includes vehicular signs as defined herein.
A sign other than a wall sign which is attached to and perpendicular to or projects more than 18 inches from a structure or building face or wall.
[Amended 3-27-2002 by Ord. No. 2002-6]
A sign pertaining to the sale, lease or rental of the property upon which it is located.
A sign which revolves 360° but does not exceed eight revolutions per minute.
A sign erected upon the roof or parapet of a building, the entire face of which is situated above the roof level or highest architectural point of the building to which it is attached and which is wholly or partially supported by said building.
A sign which is intended to advertise community or civic projects, political activity or other special community, business or commercial events. Such signs may be displayed for a specified period of time only as prescribed by this article. Portable or vehicular signs or any sign not permanently embedded in the ground, or permanently affixed to a building structure or sign structure which is permanently embedded in the ground, are temporary signs.
A display containing illuminated or reflective numerals switching alternately to show the time and temperature.
A lighted or unlighted display attached to the underside of a canopy, marquee or the architectural projection protruding over public or private sidewalks or rights-of-way.
A sign which is affixed to a vehicle in such a manner that the carrying of such sign or signs is no longer incidental to the vehicles primary purpose but becomes a primary purpose itself. Such signs shall be subject to the regulations of temporary signs as defined in this Code. This definition does not apply to signs on vehicles when in motion.
A sign in which a motion picture or video is projected onto an outside wall or building surface used for the purpose of advertising messages or images.
[Added 3-27-2002 by Ord. No. 2002-6]
A sign which is in any manner affixed to the exterior wall of a building or structure and which projects not more than 18 inches from the building or structure wall; also includes signs affixed to architectural projections, canopies or marquees which project from a building facade, provided that the copy area of such sign remains parallel to the building facade.[2]
§ 287-115 Sign area and height.
The following guidelines shall apply when interpreting area and height regulations in this article:
A.
Area. The area of a sign shall be the area of the smallest rectangle, triangle or circle that will encompass all elements of the sign, such as letters, figures, symbols, designs or other display.
(1)
When the sign is a separate unit, that area shall include any borders, framing, trim, decorative attachments, background and space between elements; it shall not include any supporting structure unless that structure is illuminated, is in the form of a symbol or contains advertising elements.
(2)
When the sign is applied to a wall or otherwise has definable edges, the area shall include all color, artwork or other means used to differentiate the sign surface upon which it is placed.
(3)
When a single sign structure has more than one face with the same message, and no two sign faces are more than three inches apart at any one point, the area shall be computed by determining the greatest total area of all sign faces visible from any single location.
B.
Height. The height of a sign shall be measured from the average ground level beneath the sign to the highest point of the sign. The ground level shall be the lower of the ground level existing at the time of the construction or the virgin ground level existing prior to the construction and prior to any earth disturbance at the site. The virgin ground level may be established by any reliable source, including without limitation existing topographic maps, aerial photographs, photographs of the site or affidavits of people who are personally familiar with the site. A landowner shall not artificially increase the maximum height of a sign by constructing an earthen mound beneath the sign.
(1)
No sign shall be higher than the height limitation of the district in which it is located.
(2)
The height of freestanding signs shall be controlled by the standards noted in Appendixes I and III.[1]
[1]
Editor's Note: Appendixes I and III are included at the end of this chapter.
(3)
Wall signs may be at any height on the wall to which they are attached, except that they may not extend higher than the top of the wall.
(4)
Roof signs may not extend more than five feet above the lowest point where they are attached to the building and may not extend above the highest point of the roof.
§ 287-116 General regulations.
A.
The following regulations shall apply to all signs, in addition to the specific regulations and supplemental regulations contained in the following provisions of this chapter. Where the general regulations are contradicted by the specific or supplementary regulations, the specific or supplementary regulations shall control.
(1)
Maintenance. Every sign shall be constructed of durable materials, using noncorrosive fasteners, shall be structurally safe and erected or installed in strict accordance with the Borough Building Code and shall be maintained in a safe condition and good repair at all times. Specifically, no sign shall be maintained within the Borough in such a state of disrepair as to have the appearance of complete neglect, which is rotting or falling down or which is illegible or has loose parts separated from the original fasteners.
(2)
Unsafe signs:
(a)
Whenever a sign becomes structurally unsafe and/or poses a potential threat to the safety of a building or premises or endangers the public safety and such condition becomes known to the Zoning Officer, he/she shall give written notice to the owner of the premises on which the sign is located that such sign must be made safe or be removed within five days, unless the Zoning Officer shall deem appropriate a more extended period of compliance.
(b)
Where, in the opinion of the Zoning Officer upon careful inspection, any sign as described in Subsection A(2)(a) above constitutes an imminent hazard to public safety, necessitating immediate action, he shall be empowered to take those measures he deems appropriate to secure, stabilize or remove such sign without written notice to the owner of the premises otherwise required by that subsection. In such cases, a lien shall be placed against that property on which such sign was situated in the amount of the costs incurred by the Borough in removing the sign, and the Zoning Officer shall notify the owner in writing after the removal with the reason and logic for the removal.
(c)
Failure of the Zoning Office to remove or require the removal of any unsafe sign as described in this section shall create no liability upon nor any cause of action against the Zoning Officer or any other Borough official or employee for damage or injury that may occur as a result of such sign.
(3)
All signs shall be removed within 30 days if the purpose for which they were erected no longer exists.
(4)
Each property which displays one or more freestanding permanent signs and which is in an area where street addresses have been assigned must prominently display the street number on one freestanding permanent sign visible from the street. The address must be of a size and design which is easily identifiable and legible (three-inch minimum height with a maximum height of four inches) from moving traffic in the street. The area taken up by the address does not count as part of the sign area.
[Amended 3-27-2002 by Ord. No. 2002-6]
(5)
No temporary signs shall be permitted except as authorized elsewhere in this article.
(6)
No sign shall be located within a street right-of-way, except a government sign, a public utility sign or another sign approved by the governing body or the Pennsylvania Department of Transportation.
(7)
No sign more than 30 inches high above grade, or less than 10 feet high above grade to the bottom of the sign, other than a government sign, shall be located within the one-hundred-foot clear sight triangle of any street intersection or in any other position where it could endanger vehicular or pedestrian traffic by obstructing vision.
(8)
No sign shall be painted, pasted, nailed, stapled or otherwise attached to utility poles, trees, fences or fire hydrants or in an unauthorized manner to walls or other signs, with the exception of political signs governed under the Downingtown Borough Code Chapter 160, Handbills and Posters.
(9)
Any freestanding sign within a floodplain must receive approval as a special exception.
(10)
No sign shall be placed so as to obstruct any door, stairway, window, fire escape or other means of egress or ingress.
(11)
No overhead sign shall have a clearance of less than 10 feet between any pedestrian walk and the lowest part of the sign. In the Central Business Overlay District, the minimum clearance shall be eight feet.
[Amended 3-27-2002 by Ord. No. 2002-6]
(12)
No sign which is parallel to and attached to the face of a building shall project more than 18 inches over a public sidewalk.
(13)
No sign which is perpendicular to and attached to the face of a building shall project more than 48 inches over a public sidewalk.
(14)
No sign shall have lights or other illumination devices which constitute a public safety or traffic hazard.
(15)
No sign shall be permitted which imitates or which might be confused with an official traffic sign or signal, such as by containing the word "stop" or "danger," or by including red, green or yellow lights.
(16)
No sign or window display shall include a revolving beam or beacon of light resembling an emergency vehicle or facility.
(17)
No sign shall advertise activities or products which are illegal under federal, state or local municipal laws or regulations.
(18)
No sign shall include statements, words or pictures which are considered to be vulgar, obscene or pornographic.
(19)
Streamers, pennants, spinners, reflectors, ribbons, tinsel or similar materials of a temporary nature may be displayed outside a building for a period not to exceed 30 days.
(20)
Animated, sequential, intermittent, flashing, rotating or oscillating signs shall be permitted, except as provided for elsewhere in this article.
(21)
No sign shall emit smoke, visible vapors, particles, sound or odor.
(22)
No sign shall be placed on an automobile, truck or other vehicle if that vehicle is being used primarily for displaying such sign.
(23)
No open flames shall be permitted as part of a sign or in any other way to attract attention.
(24)
Advertising painted upon or displayed upon a barn or other structure shall comply with the regulations of this article.
(25)
Any sign which has been authenticated as historically significant and accurate for its specific location, whether original or replica, shall be exempt from the regulations of this article, except for those regulations governing health and safety.
[Amended 3-27-2002 by Ord. No. 2002-6]
(26)
Signs may be interior lighted with nonglaring lights; signs may be externally lighted by lights which are shielded so there is no direct light transmitted to other properties or public right-of-ways. Interior lighted signs are not permitted in the Central Business Overlay District.
[Amended 3-27-2002 by Ord. No. 2002-6]
(27)
The light from any illuminated sign shall not adversely affect safe vision of operators of vehicles moving on public or private streets or in parking areas or any residential district, or any part of a building or property used for residential purposes.
(28)
Business signs in other than commercial and industrial districts shall not be illuminated when the business is closed.
(29)
All electrically illuminated signs shall be constructed to the standard/listing of the National Electric Code (NEC) and so labeled.
(30)
In the Central Business Overlay District, the combined areas of all building signs in a single facade shall not exceed 12% or 30 square feet (whichever is less) of the facade area.
[Added 3-27-2002 by Ord. No. 2002-6]
(31)
In the Central Business Overlay District, no more than one freestanding permanent sign may be permitted per property.
[Added 3-27-2002 by Ord. No. 2002-6]
(32)
In the Central Business Overlay District, the minimum distance between two freestanding permanent signs shall be 20 feet.
[Added 3-27-2002 by Ord. No. 2002-6]
§ 287-117 Specific regulations.
A.
Tables 1 to 3, attached hereto as Appendixes I through III[1] provide specific regulations for specific kinds of signs in each zoning district. Note that there are also supplemental regulations in § 287-118 below.
[1]
Editor's Note: Appendixes I through III are included at the end of this chapter.
B.
Permitted signs and sign permit requirements. Appendixes II and III[2] indicate, for each zoning district, which kinds of signs are permitted and not permitted.
[2]
Editor's Note: Appendixes II and III are included at the end of this chapter.
C.
Permitted number, area, height and setback for signs. Appendixes II and III[3] indicate, for each zoning district, information about the permitted number, maximum area, minimum height and minimum setback for each kind of sign.
[3]
Editor's Note: Appendixes II and III are included at the end of this chapter.
§ 287-118 Supplemental regulations.
In addition to the regulations contained elsewhere in this article, the following shall apply to specific kinds of signs. The regulations in Appendixes I and III apply in addition to the following supplemental regulations. Where the provisions in the supplemental regulations and Appendixes I and III are contradictory, the provisions contained in the supplemental regulations shall control.[1]
A.
Banners. Banners are permitted in compliance with the following provisions:
[Amended 6-3-1998 by Ord. No. 98-3; 3-27-2002 by Ord. No. 2002-6; 9-5-2012 by Ord. No. 2012-06]
(1)
Other than in the Central Business Overlay District, banner(s) shall be a temporary sign of flexible/durable material; the bottom of the banner shall be a minimum of eight feet from the grade level; securely fastened to a building's facade on all four corners; securely fastened with ropes/cords to prevent flapping in the wind when over a street; may not project below any existing roofline, pent eave or canopy. Overhead banners across state highways and Borough streets shall have a vertical clearance over the roadway of a minimum of 17 feet, six inches.
(2)
Banners in the Central Business Overlay District shall comply with the following regulations:
(a)
For the purpose of this subsection, pennants shall not be subject to the conditions of the Banner Ordinance unless specifically stated.
(b)
Types of banners are permitted as provided below:
[1]
Nonpolitical and noncommercial historical, cultural, educational, seasonal or civic events situated within the Borough of Downingtown.
(c)
(Reserved)
(d)
Banners shall also be governed by the following:
[1]
At least 60 days prior to the desired date of hanging a banner over a public street or way, an applicant shall complete and submit a banner permit application, including the specified banner fee, certificate of insurance and a sketch or photograph of the banner to the office of the Borough Manager for approval.
[2]
All approved banners are subject to the following:
[a]
There shall be a permit fee as stipulated by resolution for the hanging and display of each banner.
[b]
The hanging of banners on the Borough's designated banner poles is the responsibility of the Public Works Department. Banners are to be delivered to the Public Works Director or his designate within five days of the intended display date.
[c]
No more than two banners may be displayed at one time over any particular street or public way.
[d]
No banner may hang lower than 17 feet, six inches over the street or public way.
[e]
Banner materials shall be durable to sustain winds and inclement weather. The Borough of Downingtown reserves the right to remove any banner, regardless of approval, as deemed necessary due to unsafe conditions or potential weather impacts. No refunds shall be provided if a banner is removed pursuant to this reservation of right by the Borough.
[f]
Banners must meet the specifications set forth by the Public Works Director outlined in the street banner guidelines which shall accompany permit application forms.
[g]
Banners may not be hung for more than 20 consecutive days. A banner may not be hung more than 14 days prior to the date of the event being advertised.
[3]
The applicant must provide commercial general liability insurance with combined single limits of liability for bodily injury and property damage of not less than $1,000,000 for each occurrence. The required insurance certificate must name the Borough of Downingtown, its officers and employees as additional insureds.
B.
Billboards are permitted only in industrial zoned districts.
C.
Business signs. Business signs are generally regulated in accordance with Appendix III.[2]
[2]
Editor's Note: Appendix III is included at the end of this chapter.
D.
Center signs are allowed for centers, such as shopping centers, office complexes and industrial parks with at least three units and at least 7,500 square feet of building area.
E.
Contractor signs. Each contractor sign must be set back at least 10 feet from the cartway or at the building face, whichever is less, may not be in the side yard set back and may not be illuminated. Contractor signs must be removed within one week after the completion of the project; signs which are not removed may be removed and impounded by the Borough, and the Borough may recover a fee equal to the cost of removal and storage. No off-premises contractor signs are permitted.
F.
Election and/or political signs. Election signs may be displayed no more than one month prior to the election and must be removed with one week after the election and shall be erected in accordance with Borough Code Chapter 160, Handbills and Posters. Signs which are not removed within the time limit may be removed and discarded by the Borough, and the Borough may recover a fee equal to the cost of removal and discarding.
[Amended 3-27-2002 by Ord. No. 2002-6]
G.
Garage/yard sale signs. Signs may be placed no more than 48 hours before the sale and must be removed before the end of the day of the sale. No off-premises signs are permitted. Signs which are not removed within the time limit may be removed and discarded by the Borough, and the Borough may recover a fee equal to the cost of removal and discarding.
H.
Home occupation sign. A home occupation sign may include a name and address, an occupation or activity and a logo or trademark. There may be no illumination, except that a sign for a medical office or emergency service may be illuminated when the business is open.[3]
I.
Development signs are allowed for residential developments. They may include only the name of the development and may not include any commercial advertising.
J.
Incidental/directional signs. Incidental signs must have a setback of 10 feet from the right-of-way, unless they are 30 feet or less in height, in which case no setback is required.
[Amended 3-27-2002 by Ord. No. 2002-6]
K.
Nonprofit organization signs. Nonprofit organization signs may be placed adjacent to a street right-of-way with the approval of the governing body. The governing body may require that they be placed at designated entrances to the community on common display panels.
L.
Public use sign. Off-site directional signs of a public or quasi-public nature are permitted, provided that no advertising shall be contained on such signs other than the following for the purpose of indicating the name or location of a town, village, hospital, community center, school or place of worship or the name or place of meeting of a governmental, civic or service body or an event of public interest, such as a state or county fair, a local or general election or an auction, permitted for one period of 14 days and required to be removed within two days after said event. No more than two such signs may be placed within the Borough by any one establishment and no more than one at any one intersection. No such sign may be erected, placed, installed or maintained without the written permission of the owner of the property involved.
M.
Real estate signs. On-site, open house signs may be displayed no more than two days in advance of the open house and must be removed within hours of the end of the open house; other real estate signs must be removed within five days after settlement. Signs which are not removed within the time limits may be removed and impounded by the Borough, and the Borough may recover a fee equal to the cost of removal and storage. No off-premises real estate signs are permitted.
N.
Special events signs. If a special event has a specific date, signs for the event may be displayed no more than 21 days in advance. All special event signs must be removed within five days of the end of the event. Signs which are not removed within the time limit may be removed and discarded by the Borough, and the Borough may recover a fee equal to the cost of removal and discarding. Any special event signs which do not meet the standards of this article must be approved by special action of the governing body.
O.
Design guidelines for the Central Business Overlay District.
[Added 3-27-2002 by Ord. No. 2002-6]
[1]
Editor's Note: Appendixes I and III are included at the end of this chapter.
§ 287-119 Permitting procedures and fees.
A.
Any sign to be erected, changed or altered in the Borough that is not exempt under this article shall require a permit. No signs shall hereafter be erected or altered nor the content changed (except directory) until a permit is issued by the Zoning Official.
B.
No permit shall be issued for an off-site sign until the property owner's consent and signature have been filed.
C.
Sign permit application requirements, such as forms, plans and fees, shall be established by the Borough and are available from the Office of Life Safety and Code Enforcement. Application shall be made, in writing, to the Borough and shall contain all information necessary for the Zoning Official to determine whether the proposed sign or the proposed alterations conform to all of the requirements of this chapter. All applications for sign permits shall be accompanied by plans or diagrams, in duplicate and approximately to scale, showing the following:
(1)
Exact dimensions of the lot, including any right-of-way lines, or building upon which the sign is proposed to be erected.
(2)
Exact size, dimensions and location of said sign on the lot or building, together with its type, construction, materials to be used and manner of installation.
(3)
Any other lawful information which may be required of the applicant by the Zoning Official.
D.
Permits shall be granted or denied within 15 business days from the date of application.
[Amended 3-27-2002 by Ord. No. 2002-6]
E.
No sign permit shall be issued except in conformity with the regulations of this chapter and except upon order of the Zoning Hearing Board granted pursuant to the procedures established for the issuance of a variance.
F.
After installation, the Zoning Official or his/her designee shall inspect the sign to ensure the installation has conformed to the regulations set forth in this article. All signs shall henceforth be subject to periodic inspection.
[Amended 3-27-2002 by Ord. No. 2002-6]
G.
No permit to erect a sign shall be issued until the required fee has been paid to the Borough. The fees associated with the permitting of signs shall be set from time to time by resolution of the Council of the Borough of Downingtown.
§ 287-120 Nonconforming signs.
Nonconforming signs may continue to be displayed, as long as there is compliance with the following limitations and conditions:
A.
There may be no expansion or increase in the nonconformity in any way.
B.
Maintenance and repair of the sign are permitted. If necessary, up to 50% of the sign and its supporting structure in aggregate may be replaced in the event of damage, with this fifty-percent limitation being cumulative; any replacement must be completed within 60 days of the damage occurring. In the Central Business Overlay District, any change to a nonconforming sign must bring the sign into conformance with the regulations contained in this article.
[Amended 3-27-2002 by Ord. No. 2002-6]
C.
The sign must be brought into conformity if, for a period of at least one month, the contents of the sign no longer applies to an activity on the premises.
D.
In the Central Business Overlay District, a nonconforming sign may be moved to another position on the building or lot on which it is located provided that the sign is well maintained and in good condition.
[Added 3-27-2002 by Ord. No. 2002-6]
E.
Registration of nonconformities. The Code Officer shall identify and register all nonconforming signs as follows:
[Added 3-27-2002 by Ord. No. 2002-6]
(1)
Location and description of the sign, including district, county parcel number, and location on parcel or identified structure.
(2)
Name and address of the owner of the nonconforming sign.
(3)
Regulations as to which the sign is nonconforming.
(4)
Date when the nonconforming sign came into existence.
§ 287-121 Miscellaneous provisions.
B.
Rights not affected. Nothing in this article or in the Zoning Code hereby adopted shall be construed to affect any lawsuit or proceeding impending in any court or any rights acquired or liability incurred or any cause or causes of action, acquired or existing, under any act or ordinance hereby repealed as cited previously; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.