East Brandywine Township
City Zoning Code
City Zoning Code
ARTICLE XVI
Signs 1
§ 399-113 Statement of intent.
The intent of this article is to provide for the regulation of signs in East Brandywine Township, as a proper exercise of the municipal police power, to protect the public health, safety, and welfare in accordance with the following objectives:
A.
To control the size, location, and illumination of signs in the Township in order to reduce hazards to pedestrian and vehicular traffic.
B.
To encourage signs which are well-designed and pleasing in appearance, and to provide latitude for variety, in order to enhance the economic value as well as the visual character of properties within the Township.
C.
To establish standards designed to encourage signs which are compatible with their surroundings, appropriate to the type of activity to which they pertain, expressive of the identity of individual proprietors, and legible in the circumstances in which they are seen; and to prohibit the erection of signs that do not meet these criteria.
D.
To prohibit the construction of and require the removal of signs which constitute a hazard or a blighting influence.
§ 399-114 Classification of signs by construction type.
All signs shall be divided into the following classifications for the purpose of construction:
A.
Ground ("freestanding") sign. Any sign erected upon an independent structure (legs, base, or pole) so that such structure is the main support of the sign, or erected directly upon the ground surface, and/or any sign which is not supported by any part of a building, having two faces visible; with the exception of a billboard as that term is defined in Subsection E below.
B.
Flat wall ("facial") sign. A sign erected or displayed on or parallel to the surface of a building, fence, wall, or other structure, including letters or other characters that are carved or embossed on any such surface, having one face visible.
[Amended 8-18-1997]
C.
Projecting sign. Any sign mounted upon a building so that its principal face is at an angle of 135º or less with the building wall, having not more than two faces visible.
D.
Window sign. A temporary sign entirely contained inside a building which is visible from the street, providing notification of products for rental or sale, or of special events, and having one face visible.
E.
Billboard. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
§ 399-115 Exempt signs.
The following signs are exempt from the permit requirements of this chapter. Such signs are deemed not to create nuisance situations that would threaten the health, safety, or welfare of persons in the Township. However, all owners of such signs must still comply with all applicable standards of this chapter, including the responsibility for maintenance of signs in good and safe repair.
A.
An official highway route number sign, street name sign, directional or other traffic sign. These may be erected and maintained on public roads and highways in the interest of public safety or for the regulation of traffic.
B.
A sign indicating the prohibition or control of fishing, hunting, trespassing, etc.; or signs indicating the private nature of a road, provided the area of any such sign does not exceed four square feet.
C.
A sign, with an area not exceeding one square foot, bearing only property number, street address, post box numbers, or the names of the occupants in residential districts, provided the characters do not exceed three inches in height.
D.
A legal notice.
E.
A Christmas tree, other holiday display, or window display of merchandise, except as specifically prohibited herein, and provided its duration is limited to the immediate period or season to which it relates.
F.
Public service and information signs advertising the availability of rest rooms, telephones, or similar public convenience.
G.
A vending machine sign with an area not exceeding two square feet bearing the brand name of a product or the price of such product, when displayed on a vending machine selling such product.
H.
One or more signs applied to a windowpane, giving store hours or the name or names of credit or charge institutions when the total area of any such sign or all signs together does not exceed two square feet.
I.
A sign which is a permanent architectural feature of a building or structure, such as a cornerstone.
[Amended 8-18-1997]
J.
Temporary yard sale or garage sale signs, provided such signs do not exceed two square feet in area and shall be removed within 24 hours of the conclusion of such sale.
§ 399-116 Prohibited signs.
The following signs, because their inherent characteristics could threaten the health, safety, or welfare of persons in the Township, are unlawful and prohibited:
A.
Signs which use the words "Stop," "Look," "Danger," or any other word, place symbol, or character which attempts or appears to attempt to direct the movement of traffic or which interferes with imitates, or resembles any official traffic sign, signal, or device within 75 feet of a public right-of-way or within 200 feet of a traffic control device, whichever is greater.
B.
Any banner sign or sign of any other type across a public street or on any private property, except as permitted under § 399-117A(2)(d) below.
C.
Any suspended sign which is either a pennant which blows in the wind or a spinner which spins in the wind, except when located inside a stadium, arena, or temporary fairground in conjunction with a special event.
D.
Except for traffic control signals, red or green lights within 75 feet of a public right-of-way or 200 feet of a traffic control signal, whichever is greater.
E.
Any sign erected or maintained on a tree or utility pole, or painted or drawn on a rock or other natural feature.
F.
Any sign with flashing, revolving, moving, sound-producing, or animated parts, including any sign which has the capability of motion in whole or in part, with the exception of:
[Amended 7-7-2016 by Ord. No. 05-2016]
G.
Any vulgar, indecent, or obscene advertising matter displayed in any manner.
[Amended 8-18-1997]
H.
Any sign which obscures or interferes with the line of sight at any street intersection or traffic signal, or at any other point of vehicular access to a street.
I.
Any sign erected or maintained so as to prevent free ingress or egress from any door, window, or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.
J.
Any sign on a mobile stand or wheels which can be moved from place to place and thereby is not permanently affixed to the ground, except for signs permitted in § 399-117A(2)(d).
K.
Any sign any portion of which extends above the roofline of the building to which it is attached.
[Amended 12-3-2015 by Ord. No. 09-2015]
L.
Any off-premises or off-site sign, i.e., a sign unrelated to the property on which it is situated, with the exception of:
[Amended 8-18-1997]
(1)
Temporary political campaign signs permitted in accordance with the terms of § 399-117A(1)(d);
(2)
Signs permitted in accordance with the terms of § 399-117A(2)(c); and
(3)
Billboards permitted in accordance with the terms of § 399-117B(4).
(4)
Signs located on Township parkland reflecting financial support, by the named party, of leagues and/or teams that utilize a field or fields located at the park, provided that the size of any such sign shall not exceed 15 square feet.
[Added 12-3-2015 by Ord. No. 09-2015]
§ 399-117 Permitted signs by zoning district. [1]
Signs shall be permitted in the respective residential and commercial zoning districts of the Township only in accordance with the terms of this section. Where applicable, the requirements of §§ 399-118 and 399-119 of this article shall be complied with, as well.
A.
Signs permitted in the R-1, R-2, R-3 and I/R Districts.
[Amended 8-18-1997; 4-20-2011 by Ord. No. 05-2011]
(1)
The following signs, not qualified as exempt under § 399-115, shall be permitted within the R-1, R-2, R-3 and I/R Districts of the Township. The requirements of § 399-121 regarding sign permits shall be waived for these signs; compliance with all other provisions of this article shall be required.
(a)
A temporary sign of a contractor, architect, mechanic, or artisan placed on the individual lot where the contracted work is occurring.
[Amended 3-2-2017 by Ord. No. 01-2017]
(b)
Temporary real estate sale-sold-rent-development signs placed on the property to be sold, rented, or developed.
[1]
Such sign shall be removed within five days following completion of final transactions.
[2]
Only one such sign per realtor shall be permitted on any property.
[3]
Maximum dimensions for such a sign shall be as specified in Subsection A(1)(a)[2] above.
(c)
Directional signs located within a tract undergoing development, indicating the route to the sales office, model home, construction trailer, etc.
(d)
Temporary political campaign signs placed on any property within the Township.
[1]
Maximum size of any such sign shall be nine square feet.
[2]
No sign shall be placed earlier than 30 days prior to the relevant election, and all such signs shall be removed no later than seven days following such election.
[3]
Signs may be placed within the street right-of-way, but shall not be located so as to obstruct visibility from or impede the use of any street, driveway, sidewalk, bikeway, parking area, path or trail.
[4]
As provided in § 399-116E, no such sign shall be erected or maintained on a tree or utility pole.
[5]
When a sign is to be placed on property not owned by the party placing the sign, it is the obligation of that party to obtain the property owner's prior approval.
[6]
No political campaign sign may be placed on any Township-owned property, except where the property serves as a polling place and then only on election days during hours the polls are open.
[Added 12-3-2015 by Ord. No. 09-2015]
(2)
The following signs, not qualified as exempt under § 399-115 and not prohibited under § 399-116, shall be permitted in the I/R, R-1, R-2, and R-3 Districts, provided they conform with all other provisions of this article, including the requirements for a permit as specified in § 399-121:
[Amended 10-18-2018 by Ord. No. 02-2018]
(a)
Professional, accessory use, home occupation, or name signs, indicating the name, profession, or activity of the occupant of a dwelling.
(b)
Identification signs of a permanent, non-temporary nature identifying schools, churches, hospitals, or similar institutions, and clubs, lodges, farms, estates, residential developments, or similar uses.
[1]
There shall be not more than one such sign per organization or use, regardless of construction type.
(c)
Off-site directional signs of a public or institutional nature, containing the name or location of a town, hospital, school, church, etc., and an arrow or other directional symbol indicating the route to same; or as temporary signs indicating the name, location, and sponsoring entity of an event of public interest, such as a state or county fair, local or general election, horse show, or auction, or of a real estate "open house" event.
[1]
No advertising shall be contained on such signs.
[2]
No more than two such signs may be placed within the Township by any one establishment or for any single event, and no more than one at any single intersection.
[3]
No such sign may be erected, placed, installed, or maintained without the written permission of the owner of the real property on which the sign is to be situated.
[4]
Any sign for a special event shall be considered temporary. It shall be permitted for a maximum period of 14 days, but in every case shall be removed within 24 hours following conclusion of said event.
[5]
Such signs shall have a maximum area of four square feet and a maximum height of 3 1/2 feet.
(d)
Special event temporary signs, including banners, that identify a grand opening, parade, festival, fund drive, or similar occasion.
[1]
Any such sign shall be permitted for a maximum period of 14 days, but in every case shall be removed within 24 hours following conclusion of said event.
[3]
The maximum area for any banner sign shall be 100 square feet.
[4]
For a banner sign proposed to be installed across any public or private road in East Brandywine Township:
[a]
No such overhead sign shall be installed across a state highway without a permit being issued in accordance with the regulations of PennDOT.
[b]
Minimum vertical clearance above the road surface shall be 17.5 feet.
[c]
Applicant shall provide an agreement to indemnify East Brandywine Township from any claim arising from the installation, maintenance, and removal of any overhead banner sign authorized by this article. Such agreement shall be subject to the approval of the Township Solicitor; the Township may require that the cost of such review be borne by the applicant.
[d]
Applicant shall provide a certificate of liability insurance, naming East Brandywine Township as the certificate holder and an additional named insured, with minimum coverage of $500,000 for any proposed banner sign. East Brandywine Township shall have the right, at its sole discretion, to reduce or waive the insurance requirements for any private individual or nonprofit group.
(e)
Temporary signs, located on tracts approved for or undergoing development, which announce the future uses, names, and/or occupants of such tracts, or that identify a real estate developer or construction entity that is preparing and/or developing the tract.
[Amended 3-2-2017 by Ord. No. 01-2017]
(f)
Temporary signage, the purpose of which is to: i] recognize and celebrate a significant anniversary or milestone in a nonprofit organization's or institutional use's history and existence, or ii] announce future educational programs or curricula to be offered by a public, private, or nonprofit school or institution.
[Added 10-18-2018 by Ord. No. 02-2018]
[1]
Signage may be in the form of banners, flags, or pennants, each of which shall be of durable construction and shall not exceed 12 square feet. A maximum aggregate total of 100 square feet shall be permitted for such signage on any one property. The design and construction of such signs shall not be in conflict with the terms of § 399-116C, above.
[2]
In addition, ground, wall, or window signs may be utilized. Such a sign shall be limited to one per street frontage and shall comply with the standards in § 399-117A(2)(d)[2], above.
[3]
Requested duration of the signage shall bear a reasonable relationship to the event or milestone being celebrated, e.g., a month or a season. In no case shall such signage remain in place for a period exceeding one year. The Zoning Officer shall review the requested duration with the applicant and shall determine the permitted duration, consulting as he/she deems necessary with the Township Manager and/or Board of Supervisors.
[4]
Signage announcing in advance the inaugural offering of a new, ongoing educational program or curriculum may be installed a maximum of four months prior to the start of such program.
[5]
Signage shall be removed within five days of the conclusion of the event or milestone being celebrated, or within five days following the start of the educational program, unless a date is otherwise specified by the Zoning Officer in the approved sign permit.
B.
Signs permitted in the VC, MU, CS/LI, TND-1 and TND-2 Districts.
[Amended 5-20-2015 by Ord. No. 03-2015]
(1)
Any sign permitted under the terms of Subsection A of this section shall be permitted in the VC, MU, CS/LI, TND-1 and TND-2 Districts.
(2)
Business, commercial, or industrial signs identifying the written name and/or the type of business and/or any trademark of an article for sale or rent on the premises or otherwise calling attention to a use conducted on the premises.
(a)
Where such business or use is seasonal and temporary (e.g., sale of Christmas trees, flea market, etc.), any sign shall be removed within five days of completion of the event.
(b)
For an individual, freestanding principal use of a commercial or industrial nature, there shall be not more than one sign (regardless of construction type) for such public street on which the property fronts, exclusive of window signs and except as stipulated in Subsection B(2)(h) below.
(c)
The total area of any ground, projecting, or wall sign for an individual freestanding use shall not exceed an area equal to 10% of the total square footage of the building wall parallel to, and facing, any particular street, or a total of 100 square feet, whichever is less. The sign area for each street frontage shall be computed separately, and any allowable sign area not used on one frontage may not be used on another street frontage. The total permissible area for window signs shall be as specified in Subsection D of this section.
[Amended 12-20-2018 by Ord. No. 07-2018]
(d)
The maximum height of any such sign shall be 15 feet.
(e)
For a planned village commercial center permitted in the VC District, or a mixed-use or other multitenant building or property in the MU or CS/LI Districts, directory signs shall be permitted under the terms of Subsection B(3) of this section. In addition, such building or property shall be entitled to wall signs in accordance with the terms of § 399-118B.
[Amended 12-20-2018 by Ord. No. 07-2018]
(g)
Ground signs for automobile service stations and dealerships may be built to the dimensions allowable for a directory sign, as prescribed by Subsection B(3) of this section.
(h)
In addition to the otherwise applicable provisions of this article, automobile service stations and dealerships may erect and maintain four accessory signs, provided that each such sign does not exceed four square feet in area.
(i)
A restaurant or other business that includes a drive-through lane for ordering and pickup may include signage to support that function, in addition to signs otherwise provided by this section. A maximum of two such signs, none of which shall exceed 24 square feet, shall be permitted.
[Added 12-20-2018 by Ord. No. 07-2018]
(j)
Directional signs, as defined in Chapter 300, shall be permitted, provided that the area on one side of a directional sign shall not exceed two square feet. Directional signs shall be excluded from the calculation of total permitted square footage of signs on a property.
[Added 12-20-2018 by Ord. No. 07-2018]
(3)
Where permitted under the terms of Subsection B(2)(e) and (f) of this section, directory signs identifying two or more persons, agencies, or establishments and erected primarily as a service to motoring or pedestrian traffic.
(a)
Such signs shall be ground signs only, and shall be limited in number as prescribed in § 399-118A(1).
(b)
Such signs may list only a name, address, logo, and primary product or service of each firm or business, and may contain a graphic directory or map to assist in locating destinations.
(c)
In the MU District, the maximum permitted total sign area for a directory sign shall not exceed 125 square feet. For a directory sign in any other nonresidential zoning district, including such a sign describing a planned village commercial center or other multitenant building or property, the maximum total sign area shall be 25 square feet.
(d)
The maximum height of a directory sign shall be 15 feet.
(e)
Such signs shall be located a minimum of 15 feet from the street line and a minimum of 20 feet from the nearest street access driveway, and shall be situated for maximum visibility from the vehicular accessway.
(4)
Billboards, as defined in Subsection E, in accordance with the following:
(a)
Billboards shall be permitted only within the MU District, and only when approved as a special exception by the Zoning Hearing Board. In making its decision on any application for such a special exception, the Zoning Hearing Board shall be guided by the criteria in § 399-145 of this chapter, as the Board deems them applicable.
(b)
Any application for approval of a billboard as a special exception shall also be evaluated in terms of the potential impact of the proposed billboard's location and dimensions on:
[1]
Sight distance and other highway safety aspects that could affect motorists, pedestrians, or other travelers;
[2]
Visual quality, characteristic landscape elements, natural features, or historic resources, as identified in the East Brandywine Township Open Space, Recreation and Environmental Resources Plan.
(c)
Any application for approval of a billboard as a special exception shall demonstrate compliance with the following requirements:
[1]
Billboards shall be permitted only on properties with frontage on Route 322.
[2]
A billboard may only be constructed as a ground sign, as that term is defined in this article.
[3]
The maximum sign area of any billboard shall be 75 square feet.
[4]
The maximum height of any billboard shall be 15 feet.
[5]
No billboard shall be located closer than 15 feet from any street right-of-way line.
[6]
There shall be a minimum separation distance of 300 feet between any two billboards, and between a billboard and any residential zoning district boundary.
[1]
Editor's Note: See also the Sign Standards for Area Size and Height, a table included at the end of this chapter.
§ 399-118 Standards for permitted signs based on type of construction. [1]
In addition to all other applicable standards of this article, the following standards shall apply to the respective types of sign construction specified:
A.
Ground signs.
(1)
Except as otherwise specified, one ground sign is permitted per street upon which the property has direct frontage, provided that a maximum of two such signs shall be permitted as of right on any tract.
(2)
No ground sign shall project to a point nearer than five feet from the street right-of-way line; where compliance with this standard would nonetheless create an obstruction of view, further setback may be required. In the VC District, this minimum setback shall be measured from the edge of the cartway.
(3)
Ground signs shall be located no closer to any adjacent public park, church, school, or public playground than the minimum setback or separation distance required for any other adjacent structure or building, as regulated by this chapter.
(4)
No business ground sign may be located nearer to a residential lot line than the minimum setback distance required for other business or commercial structures. If located nearer than 50 feet and facing into a residential lot line, such sign shall be designed so as not to shine or reflect light into adjacent residences.
(5)
All poles or columns that support ground signs shall be made of metal or pressure-treated timbers. All such poles or columns shall be embedded in the ground at least three feet six inches, unless the Zoning Officer directs otherwise.
(6)
The maximum height of any sign affixed directly to the ground shall be three feet six inches. For a poly-type sign, unless otherwise regulated by this article, the maximum height shall be 15 feet and the minimum distance between the ground surface and the bottom of the sign face shall be four feet.
B.
Flat wall signs.
(1)
Flat wall signs shall not project more than eight inches from the building wall and must be so located that the lower edge is a minimum of 10 feet above grade in any case where projection from the wall is greater than three inches.
(2)
For a planned village commercial center, mixed-use development, or other multi-tenant building or property, more than one sign shall be permitted per building wall parallel to, and facing, any particular street, except that the total area of all signs on one such wall shall not exceed 10% of the area of the facade of that wall, and no individual wall sign shall exceed 100 square feet.
[Amended 12-20-2018 by Ord. No. 07-2018]
(3)
Flat wall signs may be erected upon a canopy or marquee if the structural strength of such canopy or marquee is sufficient to safely carry the additional load, and provided that such signs may not extend beyond the edges of said canopy or marquee or extend within otherwise prohibited areas.
(4)
No wall sign shall extend above the top of the wall upon which it is mounted or beyond the edges of same.
C.
Projecting signs.
(1)
Projecting signs shall be permitted only within historic districts as delineated and regulated by Article XII of this chapter. Design and location of any such sign shall be subject to review by the Township Historical Architectural Review Board.
(2)
A projecting sign shall be so located upon the building that the lower edge is a minimum of 10 above grade. Projecting signs may project a maximum of four feet from the building wall; provided, however, that no sign shall project to a point nearer than five feet from the edge of the paved roadway.
(3)
No projecting sign shall extend above the top of the wall upon which it is mounted.
(4)
No more than one projecting sign shall be permitted per premises.
D.
Window signs.
(1)
More than one window sign shall be permitted per building, provided that all window signs are temporary and at any one time shall not exceed 25% of the total glass area on the side of the building where they are placed.
(a)
For grocery stores, food markets, and pharmacies, the total glass area covered by window signs shall not exceed 35%.
[1]
Editor's Note: See also the Sign Standards for Area Size and Height, a table included at the end of this chapter.
§ 399-119 General standards for permitted signs. [1]
A.
With the exception of those signs addressed in §§ 399-117A(1)(c), (2)(c), and B(4), any permitted sign shall identify only the person, establishment, principal product, service, or event available or being performed on the premises which contains the sign.
B.
The area of a sign shall refer to the sign facing, including any border, framing, or decorative attachments. In the case of freestanding letters, it shall be the area contained between the highest and lowest points of any letters, and the extremity points of the first and last letters.
C.
In computing the area of a double-face sign, only one side shall be considered, provided that the faces are identical. In "V"-type structures, the interior angle of which exceeds 45º, both sides shall be considered in measuring the sign area.
D.
Illumination. All electrically illuminated signs shall be constructed to the standards of the National Board of Fire Underwriters. Illumination shall only be of an even intensity at all times and shall not be more than 15 watts per square foot. Illumination may be direct (giving forth light from the interior of the sign through translucent material) or indirect, provided that the light source is directed upon the sign. The lighting source shall not be directly visible from any street or sidewalk, nor from any other normal vantage point. Lighting shall not shine directly on abutting properties, nor within the normal line of vision of the public when using streets or sidewalks.
E.
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 Township Building Code; and shall be maintained in a safe condition and good repair at all times. Specifically, no sign shall be maintained within the Township which: is in such a state of disrepair as to have the appearance of complete neglect, or is rotting or falling down, or is illegible or has loose parts separated from original fastenings.
F.
LED signs.
[Added 7-7-2016 by Ord. No. 05-2016]
(1)
LED (light-emitting diode) signs or similar digital display forms of messaging shall be permitted, except that any such sign employing changeable displays shall be subject to the terms of § 399-119.1 of this chapter.
(2)
An LED sign shall have installed an ambient light monitor, which shall continuously monitor and automatically adjust the brightness of the sign to appropriate levels for the existing ambient light conditions.
(3)
The maximum brightness levels for LED signs shall not exceed 0.1 footcandles over ambient light levels measured at the boundary of any abutting property.
(4)
Between sunrise and sunset, luminance shall be no greater than 5,000 nits. At all other times, luminance shall be no greater than 250 nits.
[1]
Editor's Note: See also the Sign Standards for Area Size and Height, a table included at the end of this chapter.
§ 399-119.1 Changeable display signs.
[Added 7-7-2016 by Ord. No. 05-2016]
A.
Changeable display signs are prohibited except as expressly provided below.
B.
Changeable display signs shall comply with all applicable general signage and zoning district regulations of this chapter or as otherwise lawfully permitted.
C.
Changeable displays shall only be utilized as a component of a commercial use sign or a multiple commercial use sign.
D.
Changeable displays shall only be located as a freestanding sign in the front yard or on the front facade of a building on property fronting on Horseshoe Pike in the CS/LI, TND-1, TND-2, MU, and I/R zoning districts. Only one such sign shall be permitted per property.
E.
Changeable displays shall be limited to text in the form of [i] letters, [ii] numbers and [iii] symbols found on an ASCII keyboard, and [iv] shall not include more than one static image per slide.
F.
Changes in the signage display shall be instantaneous and shall not scroll, flash, scintillate, oscillate, blink or otherwise give the appearance of movement or other variation in display.
G.
Changes in the signage display shall include the entire display such that different portions of the display are not changing at different times.
H.
Changes in the signage display shall not occur more frequently than once every five seconds, including the transition time between slides.
I.
A changeable display sign shall have installed an ambient light monitor, which shall continuously monitor and automatically adjust the brightness of the sign to appropriate levels for the existing ambient light conditions.
J.
No light source for any changeable display sign shall constitute a nuisance or safety hazard.
K.
Changeable display signs shall be subject to the building and electrical codes of East Brandywine Township.
L.
Any changeable display sign shall be extinguished automatically from 11:00 p.m. until 6:00 a.m. on the following day.
M.
A nonconforming sign shall not be converted to, adapted, repurposed, or otherwise approved as a changeable display sign unless it is modified to conform to the applicable regulations of this chapter, including the requirements of this section.
§ 399-120 Removal of signs.
A.
Unsafe signs.
(1)
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 shall give written notice to the owner of the premises on which the sign is located that such sign must be made safe or removed within five days, unless the Zoning Officer shall deem appropriate a more extended period for compliance.
(2)
Where, in the opinion of the Zoning Officer upon careful inspection, any sign as described in Subsection A(1) 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 the written notice to the owner of the premises otherwise required by that section. In such cases, a lien shall be placed against the property on which such sign was situated in the amount of the costs incurred by the Township in removing the sign.
(3)
Failure of the Zoning Officer 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 Township official or employee for damage or injury that may occur as a result of such sign.
B.
Abandoned signs.
[Amended 8-18-1997]
(1)
Any sign which was erected for an occupant or business unrelated to the present occupant or business, or any sign which relates to a time or event inconsistent with the time limits established by this article, shall be deemed to have been abandoned. An abandoned sign shall be removed by the owner of the sign or owner of the property within 30 days of written notification from the Zoning Officer.
(2)
The Township shall have the right to remove any temporary political campaign sign located on public property which is not removed within the time limit prescribed in § 399-117A(1)(d) or, in the opinion of the Zoning Officer, its continued presence would constitute a safety or visibility hazard to the public.
C.
Nonconforming signs.
(1)
Existing signs which are classified as prohibited under the terms of this article, including those for which valid permits were issued by the Township prior to the date of enactment of this chapter, shall be nonconforming and shall be made to conform within five years from October 2,1996, the date of relevant amendment of this article.
§ 399-121 Permits and inspections.
A.
Any sign to be erected in the Township that is not exempt under § 399-115 or § 399-117A(1) shall require a permit. No such sign shall hereafter be erected, altered, or the content changed (except directory) until a permit is issued by the Zoning Officer.
B.
No permit for an off-site sign shall be issued until the property owner's consent and signature have been filed.
C.
No permit to erect a sign shall be issued until the required fee has been paid to the Zoning Officer, which fee shall be established from time to time by resolution of the Board of Supervisors.
D.
Application for a sign permit shall be made in writing to the Zoning Officer and shall contain all information necessary for the Zoning Officer to determine whether the proposed sign, or the proposed alterations, conform to all the requirement of this chapter. All applications for sign permits shall be accompanied by plans or diagrams in duplicate and 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 the said sign on the lot or building together with its type, construction, materials to be used, and the manner of installation.
(3)
Any other lawful information which may be required of the applicant by the Zoning Officer.
E.
Permits shall be granted or refused within 30 days from the date a completed application is submitted, as determined by the Zoning Officer, or prior to the expiration of any extended review period as established under the terms of § 399-132C of this chapter.
[Amended 10-17-2007 by Ord. No. 08-2007; 7-7-2016 by Ord. No. 04-2016]
F.
No sign permit shall be issued unless there is conformance with the regulations of this chapter, except upon order of the Zoning Hearing Board, granted pursuant to the procedures established for the issuance of a variance.
G.
After installation, the Zoning Officer shall inspect the sign to insure that the installation has conformed to the regulations set forth in this article. All signs shall henceforth be subject to annual inspection.[1]
[1]
Editor's Note: The table entitled "Sign Standards for Area Size and Height," which originally appeared at the end of Art. XVI, Signs, is now included at the end of this chapter.
H.
A changeable display sign meeting the terms of § 399-119.1 shall require a permit in accordance with the terms of this section. Renewal of such permit shall be applied for annually for as long as the sign is in operation. The fee for the initial permit, and for the annual renewal, shall be as established by resolution of the Board of Supervisors.
[Added 7-7-2016 by Ord. No. 05-2016]