New Britain City Zoning Code
ARTICLE VII
Signs
[Amended 6-10-2003 by Ord. No. 293; 5-8-2007 by Ord. No. 314; 4-14-2015 by Ord. No. 361; 11-13-2024 by Ord. No. 431]
[1]
Editor's Note: See also the Summary of Sign Types Permitted in Zoning Districts, included as an attachment to this chapter.
§ 450-43 Purpose.
The purposes of the sign regulations are:
A.
To provide uniform standards for signs within the Borough and specify standards for signs in each zoning district.
B.
To establish procedures for the review and approval of sign permit applications.
C.
To regulate the location, size, construction, erection, alteration, use, and maintenance of signs.
D.
To promote the use of well-crafted signs in harmony with the architectural character of the Borough.
§ 450-44 Scope and applicability.
Any sign hereafter erected, altered or maintained shall conform with the provisions of this article and any other ordinance or regulations of the Borough not inconsistent herewith.
§ 450-45 Definitions.
As used in this article, the following terms shall have the meanings indicated:
ABANDONED SIGN
A permanent sign which has not identified or advertised a current business, service, owner, product, or activity for a period of at least 365 days; a sign which is damaged, in disrepair, or vandalized and not repaired within 90 days; a sign which contains an outdated message for a period exceeding 30 days.
ALTERATION
A change in the size, shape, or type of an existing sign. Copy or color change of an existing sign is not an alteration. Changing or replacing a sign face or panel is not an alteration, providing there is no increase in the size of the sign face or panel.
ANIMATION
The movement or the optical illusion of movement of any part of the sign, structure, design, or pictorial segment, including the movement of any illumination or the flashing or varying of light intensity; the automatic changing of all or any part of the facing of a sign; the movement of a sign set in motion by the atmosphere. Time and temperature devices shall be considered animated signs.
APPLICANT
A person or entity who applies for a sign permit in accordance with the provisions of this article.
AWNING SIGN
A sign with its copy on a shelter made of any nonrigid material, such as fabric or flexible plastic that is supported by or stretched over a frame and attached to an exterior wall of a building or other structure.
BANNER
Any sign composed of any spun or woven cloth or fabric or vinyl or other similarly nonrigid material, which is attached or framed securely from each corner or on all ends, edges or along its circumference, and is anchored firmly on, from or to some supporting structure and/or the ground.
BILLBOARD
See definition for "off-premises advertising sign."
BUILDING SIGN
A sign that is applied or affixed to a building.
CHANGEABLE COPY
The ability of sign copy to be changed manually by placement of individual letters and symbols, digitally, or electronically. Digital or electronic changeable copy signs are also referred to as "electronic message center sign."
COPY
The graphic content or message of a sign.
DIRECTIONAL SIGN
Any sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic.
DIRECTLY ILLUMINATED SIGN
A sign designed to give forth artificial light through transparent or translucent materials from a source of light within the sign.
DOUBLE-FACED SIGN
A sign with two faces, back to back.
ELECTRONIC MESSAGE CENTER SIGN
An electrically activated changeable copy sign whose variable message and/or graphic presentation capability can be electronically or digitally programmed.
EMERGENCY SIGN
Emergency warning signs erected by a government agency, a public utility company, or a contractor doing authorized or permitted work within the public right-of-way.
FLAGS
Any sign printed or painted on cloth, plastic, canvas, or other like material with distinctive colors, patterns, or symbols attached to a pole or staff and anchored along only one edge or supported or anchored at only two corners. An official federal, state or local government flag shall not be considered a sign.
FLASHING SIGN
An illuminated sign on or in which the artificial light is not maintained stationary or constant in intensity and color at all times when in use. This definition does not include electronic message centers signs or digital displays that meet the requirements set forth herein.
FOOT-CANDLE (FC)
A measure of illuminance, the amount of light falling onto a surface. One lumen of light, shining evenly across one square foot of surface, illuminates that surface to one foot-candle (sometimes also written "footcandle" or "foot candle").
FREESTANDING SIGNS
A self-supporting sign resting on the ground or supported by means of poles or standards in the ground. Freestanding signs can be considered monument signs or pole signs.
INDIRECTLY ILLUMINATED SIGN
Illumination of a sign with an external light source. These signs must be shielded so that no direct rays are visible elsewhere except on the lot where the lights are located.
INFLATABLE SIGN
A sign that is an air-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or structure and equipped with a portable blower motor that provides a constant flow of air into the device.
INFORMATIONAL (INCIDENTAL) SIGNS
A sign that displays general site information, instructions, directives, or restrictions that are primarily oriented to pedestrians and motor vehicle operators who have entered a property from a public street. These signs shall not contain any commercial advertising.
LIMITED DURATION SIGN
A non-permanent sign that is displayed on private property for more than 30 days, but not intended to be displayed for an indefinite period.
MENU SIGN
A permanent sign for displaying the bill of fare available at a restaurant, or other use serving food, or beverages.
MONUMENT SIGN
A freestanding sign, permanently affixed to the ground at its base, supported entirely by a base structure, and not mounted on a pole or attached to any part of a building. Also known as a ground sign.
MULTI-TENANT SIGN
A freestanding sign used to advertise businesses that occupy a shopping center or complex with multiple tenants.
NONCONFORMING SIGN
Any sign which is not allowed under this article, but which, when first constructed before this article was in effect and for which a sign permit was issued, was legally allowed.
NONILLUMINATED SIGN
A sign which is not illuminated in any fashion.
OFF-PREMISES ADVERTISING SIGN
A sign which advertises or otherwise directs attention to a commodity, business, service, industry, development, or other activity which is sold, offered or conducted off the lot on which such sign is located. May also be referenced as a billboard.
OFFICIAL AND PUBLIC SERVICE SIGN
A sign erected or installed by a governmental unit, giving notice of a permitted or prohibited activity under a statute, ordinance or resolution duly enacted pursuant to law; a sign indicating the availability of rest rooms, telephones, or similar facilities of public convenience; a sign erected or installed by an officially recognized organization which notes the historical significance of a building or area (for example, signs erected by the Bucks County Historical Society).
PARALLEL OR WALL SIGNS
A sign mounted parallel to a wall or other vertical building surface. Parallel signs shall not extend beyond the edge of any wall or other surface to which they are mounted and shall not project more than eight inches from its surface.
PENNANT
A triangular or irregular piece of fabric or other material, commonly attached in strings or strands, or supported on small poles intended to flap in the wind.
PERMANENT SIGN
A sign attached to a building, structure, or the ground in some manner, constructed of durable materials, and intended to exist for the duration of the time that the use or occupant is located on the premises.
PERSONAL EXPRESSION SIGN
An on-premises sign that expresses an opinion, interest, position, or other non-commercial message.
POLE SIGN
A freestanding sign that is permanently supported in a fixed location by a structure of one or more poles, posts, uprights, or braces from the ground and not supported by a building or a base structure.
PROJECTING SIGNS
A sign which is supported by an exterior wall of a building or other structure and which is constructed and displayed perpendicular to the face of the building or other structure so that both sides of the sign are visible.
ROOF SIGNS
A sign erected on or above the roof or parapet of a building.
SIGN
Any structure, device, light or natural object including the ground itself, or any part thereof, or any device attached thereto, or painted or represented thereon, which shall be used to identify, advertise, or attract attention to any object, product, place, activity, person, institution, organization, firm, group, commodity, profession, enterprise, industry or business, or which shall display or include any letter, word, model, number, banner, flag, pennant, insignia, device or representation used as an announcement, direction, or advertisement, and which can be seen from off the premises or from a parking lot. The word "sign" shall include signs which are affixed to the inside of windows and glass doors and can be seen from a street or public thoroughfare. No other indoor sign shall be deemed a sign within these regulations.
SIGN AREA
The total area of the face of a sign including all lettering, wording, accompanying designs and symbols, together with a background, whether or not open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself. In the case of individual letters or symbols attached to or painted on a surface, building, wall, or window, the area shall be considered to be the smallest rectangle or other geometric shape which encompasses all letters and symbols.
STREET POLE BANNER
A banner suspended above a public sidewalk and attached to a single street pole. These signs shall not contain any commercial advertisement.
TEMPORARY SIGN
A type of non-permanent, sign that is located on private property that can be displayed for no more than 30 consecutive days at one time.
TRESPASSING SIGN
A sign indicating the private nature of a road, driveway or premises; a sign prohibiting or otherwise controlling fishing or hunting or entering upon a particular premises.
VEHICULAR SIGNS
Any vehicle to which a sign is affixed in such a manner that the carrying of such sign or signs is no longer incidental to the vehicle's primary purpose, but becomes a primary purpose in itself, shall be considered a freestanding sign and, as such be subject to the provisions regarding freestanding signs in the district in which such vehicle is located.
WALL SIGN
A sign that is in any manner affixed to an exterior wall of a building or structure and that projects not more than 18 inches from the building or structure wall, including signs affixed to architectural projections from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face of the architectural projection to which it is affixed.
WINDOW SIGN
A sign that is applied, painted, or affixed to a window, or placed inside a window, facing the outside of the building, and visible from the outside.
§ 450-46 Prohibited signs and sign elements.
The following signs are prohibited:
A.
Any sign containing information which states or implies that a property may be used for any purpose not permitted under the provisions of this chapter in the zoning district on which the property to which the sign relates is located. This provision does not apply to off-premises, outdoor advertising signs.
B.
Roof signs.
C.
Any sign which flashes, rotates, revolves or oscillates, with the exception of barber poles, is prohibited.
D.
Any novelty sign, including but not limited to an object (e.g., tire, automobile, food product, etc.), is prohibited.
E.
Any sign placed or maintained in such a manner as to interfere with any electric light, power, telephone or telegraph wires or the supports thereof is prohibited.
F.
Any sign which imitates any official traffic sign, signal or device is prohibited.
G.
Any sign which interferes with an official highway sign.
H.
Any pennant, banner or spinner (display which spins in the wind) is prohibited.
I.
Any sign which emits smoke, visible vapors or particles, sound or odor.
J.
No sign shall contain neon or other gases or powders in exposed tubes where the tubes are visible, except for signs located within windows.
K.
Signs or any guide, stay or attachment thereto erected, placed, painted, or maintained by any person, with the exception of New Britain Borough, on rock, fences or trees or electric light, power, telephone or telegraph, or other pole on any street in the Borough, nor affixed to or on any trail in the Borough.
L.
Abandoned signs.
M.
Vehicular signs. This regulation does not include the use of business logos, identification or advertising on vehicles primarily and actively used for business purposes and/or personal transportation.
N.
Inflatable devices or balloon signs, with the exception of balloons used in temporary, non-commercial situations.
O.
Reflective signs or signs containing mirrors.
P.
Signs erected without the permission of the property owner, with the exception of those authorized or required by local, state, or federal government.
§ 450-47 Exempt signs.
A sign permit shall not be required prior to the erection, structural repair, alteration, moving, removal, or demolition of any exempt signs in any zoning district in the municipality. Exempt signs shall conform to the regulations of § 450-48. Any off-premises sign and any sign for a nonresidential use or establishment, regardless of size, shall require the issuance of a permit before erection, rebuilding, or replacement. No exempt sign shall be illuminated, exempt as provided for herein. Exempt signs are as follows:
A.
Holiday decorations. Holiday decorations displayed for generally recognized holidays shall be exempted from the provisions of this chapter except as they may interfere with glare, traffic safety or in any other way become a public safety hazard.
B.
Official and public services sign.
C.
Official highway route number signs, street name signs, emergency signs, and other official traffic signs which are in the interest of public safety or the regulation of traffic.
D.
Trespassing sign. A sign shall not exceed two square feet as defined in this article.
E.
Address sign. Up to two signs stating address, number and/or name of occupants of the premises and do not include any commercial advertising or other identification.
(1)
Residential districts. Signs not to exceed three sq. ft. in area.
(2)
Non-residential districts. Signs not to exceed five sq. ft. in area.
F.
Legal notice.
G.
Cornerstone.
H.
Historic plaque placed by the Heritage Conservancy, the Commonwealth of Pennsylvania, or the National Register of Historic Places.
I.
Incidental signs, such as those advertising the availability of rest rooms, or public conveniences or those applied to a windowpane giving store hours or the name(s) of credit or charge institutions, provided that such signs do not advertise any commercial establishment, activity, organization, product, goods or services.
J.
Directional signs, provided they do not contain any commercial messaging. Such sign shall not exceed four square feet in area and shall have a maximum height of five feet. Directional signs shall be nonilluminated.
K.
Signs inside a building, or other enclosed facility, which are not meant to be viewed from the outside, and are located greater than three feet from the window.
L.
Personal expression signs of any sign type, including flags, provided that they do not exceed three sq. ft. in area per side, are non-commercial in nature, and not illuminated.
§ 450-48 General sign regulations.
A sign permit shall be secured from the Zoning Officer prior to the use, erection, structural repair, alteration, relocation, removal, or demolition of any signs unless listed as exempt as per § 450-47. The following regulations shall be observed for all signs in all zoning districts in the Borough:
A.
Signs which advertise, promote or draw attention to any product, article of business, service or activity sold, occurring or located at or in the place or premises where such sign is located shall be allowed by permit in the Borough, except where specifically exempt from such requirements. Off-premises advertising signs are permitted only in accordance with the regulations of § 450-49F.
B.
Sign materials & construction. Every sign shall be constructed of durable materials, using noncorrosive fastenings; shall be structurally safe and erected or installed in strict accordance with the PA Uniform Construction Code; and shall be maintained in safe condition and good repair at all times so that all sign information is clearly legible.
C.
Area of signs.
(1)
The area of a sign shall be construed to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing incidental to the display itself.
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(2)
Where the sign consists of individual letters or symbols attached to a building, wall or window, the area shall be considered to be that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols.
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(3)
In computing square foot area of a double-faced sign, only one side shall be considered, provided both faces are identical. If the interior angle formed by the two faces of the double-faced sign is greater than 45°, then both sides of such sign shall be considered in calculating the sign area.
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D.
Sign height.
(1)
Sign height shall be measured as the distance from the highest portion of the sign to the mean finished grade of the street closest to the sign. In the case of a sign located greater than 100 feet from a public street, height shall be measured to the mean grade at the base of the sign.
(2)
The permitted maximum height for all signs is determined by the sign type and the zoning district in which the sign is located.
E.
Illumination of signs.
(1)
Illumination types.
(a)
Directly illuminated sign. A sign designed to give forth artificial light through transparent or translucent materials from a source of light within the sign.
(b)
Indirectly illuminated sign. Illumination of a sign with an external light source. These signs must be shielded so that no direct rays are visible elsewhere except on the lot where the lights are located.
(c)
Nonilluminated sign. A sign which is not illuminated in any fashion.
(2)
Light sources to illuminate signs shall neither be visible from any street right-of-way nor cause glare hazardous or distracting to pedestrian, vehicle drivers, or adjacent properties.
(3)
No more than 0.2 foot-candle of light shall be detectable at the boundary of any abutting property or existing right-of-way.
(4)
With the exception of electronic message center signs, signs on non-residential properties may be illuminated from 5:00 a.m. until 10:00 p.m. or 1/2 hour past close of business of the facility being used or advertised, whichever is later.
F.
Location of signs.
(1)
No sign shall be placed in such a position or illuminated as to endanger traffic on a street by obscuring view or through blocking sight lines for streets or driveways or by interfering with official street signs or signals by virtue of position, color, illumination, or reflective surface.
(2)
Public right-of-way. In no case, except for a banner sign as may be permitted by Borough Council, shall any sign other than highway or traffic signs be erected within or project out into the right-of-way of any street. No sign shall be located closer than five feet from any existing or future right-of-way.
(3)
Posting of signs. No person shall paint, paste, brand, stamp, staple or nail, or in any manner whatsoever place on or attach, to any tree, telegraph, electric light or other pole on any street in the Borough any written, printed, painted advertisement, bill, notice, sign, card, paper or poster.
(4)
Signs on public property. No signs shall be erected or maintained on any property owned by the Borough except with the express permission of the Borough given by the Council at its duly convened public meeting.
G.
Maintenance of permanent signs. All signs must be constructed of durable materials and must be kept in good condition and repair at all times. If any sign is allowed to become dilapidated, then the Zoning Officer shall notify the owner of the property upon which the sign is located to restore said sign to good and proper condition within 30 days of the notice. The Zoning Officer shall make the determination as to whether the sign has become dilapidated, and also, whether said sign has been restored to good and proper condition. Should a landowner object to the Zoning Officer's determination, then said landowner shall appeal the Zoning Officer's decision to the New Britain Borough Zoning Hearing Board within 30 days after receiving notice from the Zoning Officer. Failure of a landowner to either rectify the condition of the sign within 30 days, or to appeal the decision of the Zoning Officer to the Zoning Hearing Board within 30 days, shall constitute a violation of this chapter and the sign permit shall be revoked and all applicable penalties for violation of this chapter shall be imposed.
§ 450-49 Regulations by sign type.
The following regulations shall apply to all signs. All general sign regulations (§ 450-48) are applicable as well as any additional requirements within the specified zoning district in which the sign is located.
A.
Wall signs. No portion of a wall sign shall be mounted less than eight feet above the finished grade or extend out more than 12 inches from the building wall on which it is affixed. If the wall sign projects less than three inches from the building wall on which it is affixed, the eight-foot height requirement need not be met.
B.
Canopy or awning signs.
(1)
A canopy or awning without lettering or other advertising shall not be regulated as a sign.
(2)
No awning or canopy sign shall be wider than the building wall or tenant space it identifies.
(3)
No more than one emblem or logo is permitted on any one awning or canopy.
(4)
The lowest edge of the canopy or awning sign shall be at least eight feet above the finished grade.
(5)
If the awning or canopy sign is mounted on a multi-tenant building, all awning or canopy signs shall be similar in terms of height, projection, and style across all tenants in the building.
C.
Projecting signs.
(1)
No portion of a projecting signs shall project more than four feet from the face of the building.
(2)
The lowest edge of a projecting sign shall be at least eight feet above the finished grade.
D.
Window signs. Incidental window signs displaying pertinent business information such as the business' hours of operation and credit cards accepted, shall be excluded from area calculations for window signs.
E.
Freestanding signs.
(1)
The lowest edge of any freestanding pole sign shall be either less than four feet or greater than seven feet above the ground.
(2)
Freestanding ground signs shall be supported and permanently placed by embedding, anchoring, or connecting the sign in such a manner as to incorporate it into the landscape or architectural design scheme.
(3)
Sign placement.
(a)
All freestanding signs shall be set back five feet from the right-of-way, except for official traffic signs and government/regulatory signs.
(b)
No freestanding sign may occupy an area designated for parking, loading, walkways, driveways, fire lane, easement, cartway of the right-of-way or other areas required to remain unobstructed.
F.
Off-premises advertising signs.
(1)
Off-premises advertising signs (billboards) shall be permitted by special exception in the C-3 District.
(2)
One off-premises advertising sign shall be permitted on each lot, and shall be considered a principal use and not an accessory use, which sign shall not exceed a maximum size of 250 square feet per side and a maximum height (to the top of the sign) of 25 feet above the mean cartway elevation. An off-premises advertising sign shall not contain more than two sign faces, and no more than one sign support structure shall be permitted on any lot.
(3)
No portion of an off-premises advertising sign or its support structure or any other structure or improvement related thereto shall be permitted to be located within the minimum front, side or rear yard, or special setback required within the zoning district.
(4)
No off-premises advertising sign may be constructed, erected, or otherwise placed on another structure or building on the lot, except for the specific support structure required to construct, erect or otherwise place the off-premises outdoor advertising sign.
(5)
Minimum distances.
(a)
Minimum distances between signs. No off-premises advertising sign or any part thereof shall be erected and maintained within 1,500 feet of any other off-premises advertising sign measured from the same side of the road and from the two nearest points perpendicular to the right-of-way.
(b)
Minimum distance from residential district or dwelling. No off-premises advertising sign shall be erected and maintained closer than 60 feet to any residential district, or closer than 100 feet to any residential dwelling unit. Such measurement to be made from the point of location of the sign to the nearest point of such land or dwelling unit along a common right-of-way or to the district boundary.
(c)
Minimum distance from institutional property. No off-premises advertising sign shall be erected and maintained within 75 feet of a church, school, park, playground, civic or scenic area. Such measurement to be made from the point of location of the sign to the nearest point of such land along a common right-of-way.
(6)
Illumination. Signs may be indirectly illuminated or non-illuminated. Off-premises advertising signs shall not contain, include, or be illuminated by flashing, intermittent or moving light(s), except those giving public service information such as time, date, temperature, weather or similar information. Such signs shall not be illuminated between the hours of 11:00 p.m. and 6:00 a.m. Digital billboards shall comply with the requirements for electronic message center signs [§ 450-49G(3) through (7)].
(7)
Construction and maintenance.
(a)
All plans for off-premises advertising signs shall be certified by a professional engineer licensed in the Commonwealth of Pennsylvania.
(b)
All off-premises advertising signs shall be constructed in accordance with industry-wide standards established by the Outdoor Advertising Association of America and the Institute of Outdoor Advertising, or their successor organizations. All off-premises advertising signs shall be structurally sound and maintained in good condition and in compliance with the Pennsylvania Uniform Construction Code.
G.
Electronic message center signs.
(1)
Electronic message center signs are permitted in the form of freestanding and wall signs or incorporated as a portion of a freestanding or wall sign. If used as a wall sign, they shall be included in the total permitted sign area. Electronic message center signs are permitted instead of and shall not be permitted in addition to a freestanding or wall sign on a property.
(2)
Only one message center sign is permitted per property, regardless of the number of street frontages.
(3)
Audio speakers and/or any form of pyrotechnics are prohibited.
(4)
Message duration. Any portion of the message must have a minimum duration of 10 seconds and must be a static display. Messages may change immediately or fade in and out only. No portion of the message may flash, scroll, twirl, twinkle, oscillate, rotate, blink, change color, or in any manner imitate movement.
(5)
Default mechanism. All signs must be equipped with a properly functioning default mechanism that will stop the sign in one position should a malfunction occur.
(6)
Brightness (luminance). The illumination and/or intensity of the display shall be controlled so as to not create glare, hazards or nuisances. The brightness of the digital sign shall not exceed 0.3 foot-candles of light above the normal ambient light levels. Such signs shall be equipped with automatic dimming technology which automatically adjusts the sign's brightness based on ambient light conditions.
(a)
The luminance specification shall be determined by a foot-candle metering device held at a height of five feet and aimed towards the sign from a distance of 65 feet.
(b)
The metering device should be at a location perpendicular to the sign's center (as seen in plan view) as this angle has the highest luminance.
(c)
This check shall include the measurement of an all white image displayed by the sign to evaluate the worst-case condition.
(d)
If the difference in luminance between the sign-on and the sign-off conditions is 0.3 foot-candle or less, then the sign luminance is in compliance.
(7)
Applicant shall be required to coordinate/permit message access for local, regional, state and national emergency services during emergency situations. Emergency messages are not required to conform to message standards listed herein.
H.
Limited duration signs. Limited duration signs that comply with the requirements in this subsection shall not be included in the determination of the type, number, or area of signs allowed on a property. Unless otherwise stated below, the requirements listed below shall apply to both commercial and non-commercial signs.
(1)
One limited duration sign is permitted per property, unless the property has frontage on more than one street, in which case two limited duration signs shall be permitted, one on each frontage.
(2)
Sign area.
(a)
For properties less than two acres, the maximum area for temporary constructions signs shall be six square feet.
(b)
Properties larger than two acres shall be permitted a temporary construction sign with a maximum area of 16 square feet.
(c)
If the property exceeds five acres in size, the area may be increased to 24 square feet.
(3)
Sign height. Each temporary construction sign shall be limited to eight feet in height.
(4)
Limited duration signs shall be nonilluminated.
(5)
A permit for a limited duration sign is issued for one year and may be renewed annually.
I.
Street pole banners. Street pole banners that comply with the regulations of this section shall not be included in the determination of the type, number or area of signs allowed on a property.
(1)
Illumination of any street pole banner is prohibited.
(2)
Area. Each street pole banner shall have a maximum area of 12.5 square feet and a maximum width of up to three feet.
(3)
Number. Up to two street pole banners are permitted per street pole.
(4)
Street pole banners shall maintain a minimum of three feet vertical clearance below any luminaries located on the pole, measured from where the ballast connects to the pole.
(5)
No street pole banner shall be located on a pole that has traffic or pedestrian control signals.
(6)
All street pole banners must be made of lightweight and durable fabric with wind slits.
(7)
Street pole banners that are frayed, torn, or faded so that they are no longer legible will be deemed unmaintained and will be required to be removed.
§ 450-49.1 Signs in residential districts (R-1, R-2, MHP).
The following types of signs and no others shall be permitted, contingent upon the securing of a sign permit, except where permits are specifically exempt by this article. All general sign regulations (§ 450-48) and sign-type regulations (§ 450-49) are also applicable.
A.
Any exempt sign as defined and regulated in § 450-47.
B.
Signs specific to residential uses shall be permitted subject to the following regulations:
(1)
Permanent sign(s).
(a)
Number: one sign per street frontage.
(b)
Area: maximum area of two s.f.
(c)
Height: maximum height of six ft. above grade level.
(d)
Nonilluminated.
(2)
Temporary sign(s).
(a)
Number: one sign per dwelling unit.
(b)
Area: maximum area of four s.f.
(c)
Height: maximum height of four ft. above grade level.
(d)
Nonilluminated.
(e)
Such sign shall be permitted to be displayed up to 30 days, not more than four times per calendar year.
C.
Residential development containing more than 10 units. The permitted signs listed below apply to the development site in its entirety. Individual residential lots are permitted signs as per § 450-49.1B.
(1)
Permanent sign(s).
(a)
Number: one freestanding sign per street frontage.
(b)
Area: maximum area of 15 s.f. per sign face.
(c)
Height: maximum height of eight ft. above grade level.
(d)
Nonilluminated or indirectly illuminated.
(2)
Temporary sign(s).
(a)
Number: one sign per street frontage.
(b)
Area: maximum area of 15 s.f.
(c)
Height: maximum height of eight ft. above grade level.
(d)
Nonilluminated.
(e)
Such sign shall be permitted to be displayed up to 30 days, not more than four times per calendar year.
D.
Permitted nonresidential uses shall be permitted a maximum of one sign per street frontage.
(1)
Permanent sign(s).
(a)
Area: maximum area of 24 s.f.
(b)
Height: maximum height of six ft. above grade level.
(c)
Nonilluminated or illuminated indirectly.
(2)
Temporary sign(s).
(a)
Area: maximum area of 10 s.f.
(b)
Height: maximum height of six ft. above grade level.
(c)
Nonilluminated.
(d)
Such sign shall be permitted to be displayed up to 30 days, not more than four times per calendar year.
E.
Limited duration signs in accordance with § 450-49H.
F.
Off-premise advertising signs are not permitted in residential districts.
Table § 450-49.1 Residential Districts — R-1, R-2, and MHP | ||||||
|---|---|---|---|---|---|---|
Residential Uses | Permitted Nonresidential Uses | Residential Development (more than 10 units) Signage for the Development Site | ||||
Temporary | Permanent | Temporary | Permanent | Temporary | Permanent | |
Maximum Area | 4 s.f. | 2 s.f. | 10 s.f. | 24 s.f. | 15 s.f. | 15 s.f. |
Maximum Number | 1 per d.u. | 1 per street frontage | 1 per street frontage | 1 per street frontage | 1 per street frontage | 1 per street frontage |
Duration | Up to 30 days, not more than 4 times per year | — | Up to 30 days, not more than 4 times per year | — | Up to 30 days, not more than 4 times per year | — |
Maximum Height | 4 ft. above grade | 6 ft. above grade | 6 ft. above grade | 6 ft. above grade | 8 ft. above grade | 8 ft. above grade |
§ 450-49.2 Signs in institutional and professional districts (E-I, C-U, C-3).
The following types of signs and no others shall be permitted, contingent upon the securing of a sign permit, except where permits are specifically exempt by this article. All general sign regulations (§ 450-48) and sign-type regulations (§ 450-49) are also applicable.
A.
Any exempt sign as defined and regulated in § 450-47.
B.
Freestanding signs shall be permitted subject to the following regulations:
(1)
Permanent sign(s).
(a)
Number: one sign per street access, up to two signs per property held in single and separate ownership.
(b)
Area: maximum area of 32 s.f.
(c)
Height: maximum height of 10 ft. above grade.
(d)
Indirectly illuminated, directly illuminated or nonilluminated.
(2)
Temporary sign(s).
(a)
Number: one sign per street access.
(b)
Area: maximum area of 24 s.f.
(c)
Height: maximum height of 10 ft. above grade.
(d)
Nonilluminated.
(e)
Such sign shall be permitted to be displayed up to 30 days, not more than four times per calendar year.
C.
Building signs, including wall signs, canopy signs, projecting signs, and window signs, are permitted subject to the following provisions:
(1)
Permanent sign(s).
(a)
Area: the total area of all building signs shall not exceed 15% of the exterior area of the building wall onto which it is mounted (including window and door area and cornices) of the principal building. No single building sign shall exceed 36 square feet.
(b)
In addition to the area calculation above, window signs shall not exceed 25% of the total window area.
(c)
Height: Signs shall have a maximum height equal to the eaveline.
(d)
Indirectly illuminated, directly illuminated or nonilluminated.
(2)
Temporary sign(s).
(a)
Number: one sign per property is permitted. Two temporary signs are permitted if the property has more than 10,000 square feet of gross floor area.
(b)
Area: maximum area of 20 s.f.
(c)
Height: maximum height of 10 ft. above grade.
(d)
Nonilluminated.
(e)
Such sign shall be permitted to be displayed up to 30 days, not more than four times per calendar year.
D.
Electronic message center signs in accordance with § 450-49G or changeable copy signs may be substituted or incorporated as a freestanding or wall sign but no more than one electronic message sign may be utilized on any one property.
E.
Street pole banner in accordance with § 450-49I.
F.
Limited duration signs in accordance with § 450-49H.
Table § 450-49.2 Institutional and Professional Districts — E-l, C-U, C-3 | ||||
|---|---|---|---|---|
All Uses- Freestanding Sign(s) | All Uses - Building Sign(s) | |||
Temporary | Permanent | Temporary | Permanent | |
Maximum Area | 24 s.f. | 32 s.f. | 20 s.f. | The total area of all building signs shall not exceed 15% of the exterior area of the building wall onto which it is mounted (including window and door area and cornices) of the principal building. No single building sign shall exceed 36 square feet. In addition, window signs shall not exceed 25% of the total window area. |
Maximum Number | 1 per street access | 1 per street access, up to 2 signs per property | 1 sign per property. 2 signs if the property has more than 10,000 square feet of gross floor area | Determined by maximum area |
Duration | Up to 30 days, not more than 4 times per calendar year | — | Up to 30 days, not more than 4 times per calendar year | — |
Maximum Height | 10 ft. above grade | 10 ft. above grade | 10 ft. above grade | Equal to the eaveline |
§ 450-49.3 Signs in commercial and industrial districts (C-1, C-2, SC, LI).
The following types of signs and no others shall be permitted, contingent upon the securing of a sign permit, except where permits are specifically exempt by this article. All general sign regulations (§ 450-48) and sign-type regulations (§ 450-49) are also applicable.
A.
Any exempt sign as defined and regulated in § 450-47.
B.
Signs for residential uses shall be permitted as per § 450-49.1.
C.
Building signs shall be permitted subject to the following regulations:
(1)
Permanent sign(s).
(a)
Number: one sign per tenant per street frontage, up to a maximum of two signs per tenant.
(b)
Area: the total area of all building signs for non-residential uses shall be limited to 1.5 square feet per linear foot of building frontage that faces a public street or parking lot. Where the nonresidential use is a multi-tenant establishment, the area of the signs for each establishment is limited to 1.5 square feet per linear foot of building frontage of each individual establishment.
(c)
Height: Signs shall have a maximum height equal to the eaveline.
(d)
Indirectly illuminated, directly illuminated or nonilluminated.
(2)
Temporary sign(s).
(a)
Number: one temporary sign per property is permitted. Two temporary signs are permitted if the property has more than 10,000 square feet of gross floor area.
(b)
Area: maximum area of 20 s.f.
(c)
Height: maximum height of 10 ft. above grade.
(d)
Nonilluminated.
(e)
Such sign shall be permitted to be displayed up to 30 days, not more than four times per calendar year.
D.
Freestanding signs for nonresidential uses shall be permitted subject to the following regulations (excluding multi-tenant uses, see § 450-52D):
(1)
Permanent sign(s).
(a)
Number: one sign per street frontage.
(b)
Area: maximum area of 100 s.f.
(c)
Height: maximum height of 20 ft. above grade.
(d)
Indirectly illuminated, directly illuminated or nonilluminated.
(2)
Temporary sign(s).
(a)
Number: one sign per property is permitted.
(b)
Area: maximum area of 32 s.f.
(c)
Height: maximum height of 20 ft. above grade.
(d)
Nonilluminated.
(e)
Such sign shall be permitted to be displayed up to 30 days, not more than four times per calendar year.
E.
Joint Use of Property and/or Multi-Tenant Properties. Signs for uses which share occupancy of an individual property or combination of properties shall be subject to the following requirements:
(1)
Number: one permanent freestanding sign shall be permitted (to be shared by all users of the multi-tenant property) along each street frontage abutting the property. One temporary freestanding sign shall be permitted per tenant.
(2)
Height: maximum height is permitted to be 30 feet above grade for permanent signs and 20 feet above grade for temporary signs.
(3)
Area: the area of a sign is 150 square feet on any one face for permanent signs and 16 square feet for temporary signs.
(4)
Illumination: permanent signs may be internally illuminated. Temporary signs shall be nonilluminated.
(5)
Building signs shall comply with the requirements of § 450-49.3C.
F.
Electronic message center signs in accordance with § 450-49G or changeable copy signs may be substituted or incorporated as a freestanding or wall sign but no more than one electronic message sign may be utilized on any one property.
G.
Street pole banner in accordance with § 450-49I.
H.
Limited duration signs in accordance with § 450-49H.
Table § 450-49.3 Commercial Districts - C-1, C-2, SC | ||||||||
|---|---|---|---|---|---|---|---|---|
Multi-Tenant Use — Freestanding Sign(s) | All Other Nonresidential Uses — Freestanding Sign(s) | Multi-Tenant Use-Building Sign(s) | All Other Nonresidential Uses — Building Sign(s) | |||||
Temporary | Permanent | Temporary | Permanent | Temporary | Permanent | Temporary | Permanent | |
Maximum Area | 16 s.f. | 150 s.f. on any one face | 32 s.f. | 100 s.f. | 20 s.f. | 1.5 square feet per linear foot of building frontage of each individual establishment | 20 s.f. | 1.5 square feet per linear foot of building frontage that faces a public street or parking lot |
Maximum Number | 1 per tenant | 1 per street frontage | 1 per property | 1 per street frontage | 1 sign per property. 2 signs if the property has more than 10,000 square feet of gross floor area | 1 per tenant per street frontage, up to a maximum of 2 signs per tenant | 1 sign per property. 2 signs if the property has more than 10,000 square feet of gross floor area | 1 per tenant per street frontage, up to a maximum of 2 signs per tenant |
Duration | Up to 30 days, not more than 4 times per calendar year | — | Up to 30 days, not more than 4 times per calendar year | — | Up to 30 days, not more than 4 times per calendar year | — | Up to 30 days, not more than 4 times per calendar year | — |
Maximum Height | 20 ft. above grade | 30 ft. above grade | 20 ft. above grade | 20 ft. above grade | 10 ft. above grade | Equal to the eaveline | 10 ft. above grade | Equal to the eaveline |
§ 450-49.4 Signs in Village Historical, Historical Commercial, and Park and Open Space Districts (VH, HC, P-OS).
The following types of signs and no others shall be permitted, contingent upon the securing of a sign permit, except where permits are specifically exempt by this article. All general sign regulations (§ 450-48) and sign-type regulations (§ 450-49) are also applicable.
A.
Any exempt sign as defined and regulated in § 450-47.
B.
Signs specific to residential uses shall be permitted subject to the following regulations.
(1)
Permanent sign(s).
(a)
Number: one sign per street frontage.
(b)
Area: maximum area of three s.f.
(c)
Height: maximum height of six feet above grade.
(d)
Nonilluminated or illuminated indirectly.
(2)
Temporary sign(s).
(a)
Number: one sign per dwelling unit.
(b)
Area: maximum area of four s.f.
(c)
Height: maximum height of six feet above grade.
(d)
Nonilluminated.
(e)
Such sign shall be permitted to be displayed up to 30 days, not more than four times per calendar year.
C.
Signs specific to nonresidential uses shall be permitted subject to the following regulations.
(1)
Permanent sign(s).
(a)
Number: one sign per street frontage, up to two per lot.
(b)
Area: maximum area of 64 s.f.
(c)
Height: building signs shall have a maximum height equal to the eave line. Freestanding signs shall have a maximum height of 20 feet.
(d)
Nonilluminated or illuminated indirectly.
(2)
Temporary sign(s).
(a)
Number: one sign per property.
(b)
Area: maximum area of 12 s.f.
(c)
Height: building signs shall have a maximum height equal to the eave line. Freestanding signs shall have a maximum height of 20 feet.
(d)
Nonilluminated.
(e)
Such sign shall be permitted to be displayed up to 30 days, not more than four times per calendar year.
D.
Street pole banner in accordance with § 450-49I.
E.
Limited duration signs in accordance with § 450-49H.
Table § 450-49.4 Village Historical, Historical Commercial, and Park and Open Space Districts — VH, HC, P-OS | ||||
|---|---|---|---|---|
Residential Uses | Permitted Nonresidential Uses | |||
Temporary | Permanent | Temporary | Permanent | |
Maximum Area | 4 s.f. | 3 s.f. | 12 s.f. | 64 s.f. |
Maximum Number | 1 per d.u. | 1 per street frontage | 1 per property | 1 per street frontage, up to 2 per lot |
Duration | Up to 30 days, not more than 4 times per calendar year | — | Up to 30 days, not more than 4 times per calendar year | — |
Maximum Height | 6 ft above grade | 6 ft above grade | Building sign - the eave line; Freestanding sign — 20 feet | Building sign - the eave line; Freestanding sign — 20 feet |
§ 450-49.5 Sign permits.
A.
It shall be unlawful to erect, construct, or alter any sign in New Britain Borough except as specifically permitted by § 450-47 without first filing with the Zoning Officer of the Borough an application in writing and obtaining a formal permit. Normal sign maintenance shall not require a permit. Sign permits must be renewed annually by the permit holder. It shall be the duty and obligation of all permit holders to renew their permits annually. Renewal shall be accomplished by the permit holder certifying, in writing, to the Zoning Officer that the subject sign is in substantially the same condition that it was at the time the original permit was issued. The Zoning Officer shall then make the determination as to whether or not to renew the permit. If renewal is deemed appropriate, the Zoning Officer shall sign the original permit, sign the Borough's copy of the permit, and then, date same.
B.
Application form. An application for a permit for the erection, construction or alteration of a sign in New Britain Borough shall be submitted on such form as the New Britain Borough Council may prescribe, and such application shall contain the full names and addresses of the applicant, the owner of the premises whereon a sign is to be erected, constructed or altered, and the person or firm engaged to erect, construct or alter such sign. The application shall contain the affidavits of the owner of the premises authorizing the application and the work described therein.
C.
Plans to accompany application. Applications for permits for the erection, construction or alteration of signs shall be accompanied by drawings of the proposed work, drawn to scale, showing the structure details of the sign and such other details as the Zoning Officer may require.
D.
All applicants for permits for the erection, construction or alteration of signs, or for renewal of permits, shall, at the time of making such application or request for renewal, pay to the Zoning Officer of the Borough for the use of the Borough a fee in accordance with the effective fee schedule adopted by resolution of the New Britain Borough Council.
§ 450-49.6 Monitoring of signs.
It shall be the duty of the Zoning Officer annually to conduct inspections and surveys to determine compliance or noncompliance with the terms of this article.
§ 450-49.7 Nonconforming signs.
Any sign lawfully existing at the time of the passage of this article that does not conform in use, location, height or size with the regulations of the district in which such sign is located shall be considered a nonconforming use and may continue in such use in its present location and may be repaired or replaced, provided that the repaired or replacement sign has the same physical dimensions, is made of similar materials, is lighted (if at all) in the same fashion, and is located in the same place as the predecessor sign. Any modification to a sign considered to be a lawful nonconforming use which is to be replaced with a sign made of a type of material different from the original, of different dimensions, or at a different location (however slight), is not permitted unless the sign is brought into conformity with this chapter.
§ 450-49.8 Removal of unlawful, unsafe or abandoned signs.
The following provisions shall apply in all districts:
A.
Unsafe or unlawful signs.
(1)
Upon written notice by New Britain Borough, the owner, person, or firm maintaining a sign shall remove any sign which meets one or more of the following:
(a)
Becomes unsafe;
(b)
Is in danger of falling;
(c)
Becomes deteriorated so that it no longer serves the purpose of communication;
(d)
Determined to be a nuisance by the Borough; or
(e)
Has been unlawfully erected in violation of any of the provisions contained in this article.
(2)
New Britain Borough may remove, or cause to be removed, the sign, at the expense of the owner and/or lessee in the event the owner or the person or firm maintaining the sign has not complied with the terms of the notice. Permanent signs shall be removed or remedied within 30 days of the date of the notice. Temporary signs shall be removed within five business days of the date of the notice. In the event of immediate danger, the Borough may remove the sign immediately upon issuance of notice.
B.
Abandoned signs.
(1)
It shall be the responsibility of the owner of any property upon which an abandoned sign is located to remove such sign within 90 days of the sign becoming abandoned as defined in this article. Removal of an abandoned sign shall include the removal of the entire sign including the sign face, supporting structure, and structural trim.
(2)
Where the owner of the property on which an abandoned sign is located fails to remove such sign in 90 days, New Britain Borough may remove such sign. Any expense directly incurred in the removal of such sign shall be charged to the owner of the property. Where the owner fails to pay, New Britain Borough may file a lien upon the property for the purpose of recovering all reasonable costs associated with removal of the sign.
