Downingtown City Zoning Code

To provide for signs as a means of effective visual communication.

To promote adopted comprehensive planning and zoning objectives.

To assure compatibility of signs with land uses and buildings in the vicinity of the signs and in the community as a whole.

To enhance the safety of pedestrians, vehicular traffic and property.

To enhance the economic value of the community.

To enhance the aesthetic environment.

To minimize adverse effects of signs on nearby property.

To otherwise promote the public health, safety, morals and general welfare of the community.

To regulate the use of signs through a sign permitting process.

To enable the fair and consistent enforcement of these sign regulations.

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.

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.

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.

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.

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.

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.

Banners. Banners are permitted in compliance with the following provisions:

Billboards are permitted only in industrial zoned districts.

Business signs. Business signs are generally regulated in accordance with Appendix III.[2]

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.

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.

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.

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.

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]

Development signs are allowed for residential developments. They may include only the name of the development and may not include any commercial advertising.

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.

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.

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.

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.

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.

Design guidelines for the Central Business Overlay District.

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.

No permit shall be issued for an off-site sign until the property owner's consent and signature have been filed.

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:

Permits shall be granted or denied within 15 business days from the date of application.

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.

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.

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.

There may be no expansion or increase in the nonconformity in any way.

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.

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.

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.

Registration of nonconformities. The Code Officer shall identify and register all nonconforming signs as follows:

Enforcement. Actions including but not limited to violations, enforcement notices, causes of action, violations and penalties, fees and expenses and municipal liability shall comply with Article XXIV of this chapter, §§ 287-152 through 287-157, as recognized and adopted October 11, 1989.

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.