West Chester City Zoning Code
ARTICLE VII
Sign Regulations
§ 112-701 Intent.
The intent of these sign regulations is to:
A.
Provide general standards for all signs within the Borough and specific standards for signs in each zoning district.
B.
Establish procedures for the review and approval of sign permit applications.
C.
Regulate the location, size, construction, erection, alteration, use and maintenance of signs.
D.
Protect the safety and general welfare of the community through the proper use and design of structures for outdoor advertising and graphic communication purposes.
E.
Promote the use of well-crafted signs in harmony with the architectural and historical character of the Borough.
§ 112-702 Scope and applicability; restrictions and standards.
A.
Scope and applicability.
(1)
Any sign hereafter erected, altered, rebuilt, enlarged, extended, relocated or maintained in the Borough of West Chester shall conform to the provisions of this article and any other regulations or code of West Chester relating to signs. Notwithstanding the foregoing, or any other section or provision of this Chapter 112 or the Code of the Borough of West Chester, all signs erected, altered, rebuilt, enlarged, extended, relocated or maintained by the Borough within the Borough and all signs authorized by the Borough to be erected, altered, rebuilt, enlarged, extended, relocated or maintained on buildings in the Borough used for municipal use are exempt from all requirements, regulations, prohibitions and provisions of this Chapter 112.
[Amended 2-15-2023 by Ord. No. 01-2023]
(2)
It shall be unlawful for any person, firm, corporation or individual to erect and maintain signs without first obtaining a permit from the Zoning Officer, except those listed specifically hereinafter.
(3)
No display sign shall hereafter be erected or attached to, suspended from or supported on a building or structure and no display sign shall hereafter be altered, rebuilt, enlarged, extended or relocated until a permit for the same has been obtained, except those listed specifically hereinafter.
(4)
Application for such permits shall be made, in writing, to the Borough Zoning Officer in accordance with the provisions of § 112-705.
(5)
Nonconforming signs. Signs and their respective illumination existing at the time of the passage of this chapter which do not conform to the requirements of this chapter shall be considered nonconforming signs and, once destroyed or removed for any reason, shall be replaced only with conforming signs and lighting. Nonconforming signs may be painted, repaired (including lighting) and altered in their wording, provided that such modifications do not exceed the dimensions of the existing signs.
(6)
Abandoned signs. No person shall maintain or permit to be maintained on any premises owned or controlled by him a sign which has been abandoned. An abandoned sign, for the purpose of this chapter, is a sign erected on and/or related to the use of a property which becomes vacant and unoccupied for a period of six months or more or any sign which was erected for a prior occupant or business or any sign which relates to a time, event or purpose which is past. Any such abandoned sign shall be removed by the landowner or person controlling the property within 10 days of the abandonment as described above.
(7)
The Zoning Officer is hereby authorized and empowered to revoke any permit issued by him upon failure of the holder thereof to comply with any provision of this article.
B.
Sign restrictions and standards.
(1)
Prohibited signs. It is unlawful to erect or maintain the following signs:
(a)
Spinning, animated, twirling or any other moving objects used for advertising purposes, whether containing a message or not.
(b)
Flashing, blinking, twinkling or lighted moving signs of any type, except those portions of a sign which indicate time and temperature and billboard signs with changeable copy pursuant to § 112-704B(8).
(c)
(Reserved)
(d)
Curb or sidewalk signs or signs painted, attached or suspended from any outdoor bench, chair or other structure, except for inscriptions on benches at a church, park or other nonprofit institution or acknowledgments of a donor that are not commercial advertisements.
(e)
Signs and advertisements which are tacked, pasted, tied or otherwise affixed to poles, posts, trees, buildings, fences or other structures located within public rights-of-way in the Borough of West Chester.
(f)
Unsafe and lawful signs. If the Zoning Officer finds that any sign or other advertising structure regulated herein is unsafe, not secured, a menace to the public or has been constructed or erected or is being maintained in violation of the provisions of this article, he shall give written notice to the permittee thereof. If the permittee fails to remove or alter the sign or other advertising structure so as to comply with the standards herein set forth within 10 days after such notice, such sign or other advertising structure may be removed or altered to comply by the Zoning Officer at the expense of the permittee or owner of the property upon which it is located. The Zoning Officer shall refuse to issue a permit to any permittee or owner who refuses to pay costs assessed. The Zoning Officer may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.
(g)
Signs placed, inscribed or supported upon the roofline or any structure which extends above the roofline of any building.
(h)
Off-premises signs, except billboard signs in the CS District.
(i)
Signs or other advertising on a permanently parked vehicle which does not have a current license and inspection and is visible from the street.
(2)
General restrictions and standards. The following restrictions shall apply to all permitted signs:
(a)
No sign shall be located, arranged or placed in a position that it will cause danger to traffic or will interfere with traffic through glare; blocking of required sight lines for streets, sidewalks or driveways; confusion with a traffic control device by reason of color, location, shape or other characteristic; or through any other means.
(b)
Every sign must be constructed of durable materials and shall be solidly and firmly attached, supported and/or anchored to the supports or framework.
(c)
Every sign must be maintained in good condition and repair. Any sign which is allowed to become dilapidated (loose parts, broken or cracked materials, significantly altered by an accident, etc.) shall be removed by and at the expense of the landowner or lessee of the property on which it is located.
(d)
No sign, other than a sign of a duly constituted governmental body, shall be erected within the right-of-way lines of any street, unless specifically authorized by other ordinances or regulations of the Borough or specifically permitted hereinafter.
(e)
All permanent signs affixed to any permitted building shall be integrated into the architectural design of the building on which they are placed by being harmonious with the facade of the building.
(g)
Pole signs. Such signs shall be permitted on the premises of the use for which they are intended and may be erected, provided that:
(h)
Ground signs.
[1]
The top of any ground sign shall be no higher above the ground level than six feet.
[2]
All poles or columns that support ground signs shall be made of metal, except for those used in residential districts, which may be made of pressure-treated timbers. All such poles or columns shall be embedded in the ground at least three feet six inches, unless otherwise so directed by the Zoning Officer.
[3]
Ground signs will be permitted in residential areas only when set back a distance of 10 feet from the front property line.
(i)
Wall signs. Such signs may be erected and maintained, provided that:
[1]
No such sign shall project more than 12 inches beyond the building line.
[2]
All wall signs shall be rigidly affixed to the building and to all supporting and framing structures, attachments and hardware.
[3]
No part of the projecting sign shall be less than eight feet or more than 20 feet above the ground on walkway level, except as provided below for marquees, awnings and canopies.
(j)
Marquees, awnings and canopies.
[1]
Marquees, awnings and canopies may be constructed of cloth or metal; provided, however, that all frames and supports shall be of metal.
[2]
Every marquee, awning or canopy shall be securely attached to and supported by the building. Posts or columns beyond the building line shall not be permitted unless they are part of a restoration project in the Town Center District which is approved by the Borough Council.
[3]
All marquees, awnings and canopies shall be constructed and erected so that the lowest portion thereof shall be not less than eight feet above the level of the sidewalk or public street.
(k)
Illuminated signs.
[1]
Lighting for all signs shall comply with the Illuminating Engineering Society of North America's (IESNA's) recommended practices and criteria in the IESNA Lighting Handbook. Fixtures shall be equipped with or be capable of being backfitted with light-directing devices, such as shields, visors or hoods, when necessary to redirect offending light distribution.
[2]
Signs may be externally lit, such as by spotlights, provided that all lighting shall be aimed, located, designed, fitted and maintained so as not to project or reflect light onto a neighboring use or property. There shall be a maximum luminance of 0.1 footcandle measured at any residential property line.
[3]
Signs may be internally lit, in which the display area of the sign itself is composed of lighting elements, such as liquid crystal diodes (LCD), light-emitting diodes (LEDs), fluorescent bulbs or lamps, plasma, or other digital illuminated display, provided that they shall not be lit between the hours of 10:00 p.m. and 5:00 a.m.
[4]
The display of internally lit signs shall have a maximum illuminance not to exceed 0.3 footcandle above ambient lighting conditions, as measured using a footcandle meter at 75 feet perpendicular to the sign's display. It shall be the responsibility of the sign owner to demonstrate compliance with the maximum illuminance standards to the satisfaction of the Borough.
(l)
Each sign shall be removed within 10 days of the time when the circumstances leading to its erection no longer apply or as provided for otherwise in this § 112-702.
(m)
All signs on smokestacks, water towers, silos and other similar structures shall be governed by the provisions of this article.
(n)
Projecting signs.
[1]
No such sign shall project more than five feet beyond the building line nor shall such signs exceed 12 square feet.
[2]
All projecting signs shall be rigidly affixed to the building and to all supporting and framing structures, attachments and hardware.
[3]
No part of the projecting sign shall be less than eight or more than 20 feet above the ground on walkway level, except as provided for herein for marquees, awnings and canopies.
[4]
Projecting signs based on historical precedent which are not otherwise in compliance with the established regulations may be erected following the grant of a special exception by the Zoning Hearing Board, with the exception that no impact assessment report shall be required for this application.
(o)
Changeable-copy signs. Changeable-copy signs shall be permitted, subject to the following standards.
[1]
Changeable-copy signs shall not be located in any residential zoning district.
[2]
All such signs shall be permanently affixed to the ground or to a structure.
[3]
Copy shall be changed electronically or by means of moveable lettering without altering the face or surface of the sign, provided that the messages/displays shall remain unchanged for a minimum of 30 seconds and the display must be static during that time.
[4]
When the message is transitioned, it shall be accomplished in one second with a darkening of the display for one second between messages. The transition between messages shall not contain any flashing, spinning, revolving, or similar transition methods.
[5]
The sign shall contain a default design that will freeze the sign in one position if a malfunction occurs or, in the alternative, shut down.
[6]
The sign shall not display any message that moves, appears to move, scrolls, or changes in intensity during the fixed display period.
[7]
Changeable-copy signs may be either billboard signs or ground signs.
[8]
No changeable-copy sign shall be permitted within 500 feet of another.
§ 112-703 Signs not requiring permits.
The following signs, exactly as herein described, are exempt from the need to secure permits but shall still be subject to the above general restrictions and standards:
A.
Decorations for a recognized officially designated holiday, provided that they do not create a traffic or fire hazard.
B.
Official and governmental signs, which shall include safety signs, trespassing signs, signs indicating scenic or historical points of interest and traffic and public parking garage signs.
E.
Temporary signs, except for banners across streets, alleys and public rights-of-way, which are provided for hereinafter, announcing a political, public, educational, charitable, civic, religious or similar campaign or event, provided that:
F.
Window signs. Such signs shall be used to serve as an accessory sign to the sign associated with the principal use.
(1)
Except for sexually oriented businesses, window signs shall be permitted in the TC, CS and ID Districts and where nonconforming commercial uses occur in other districts.
(2)
The total area of temporary or permanent window signs shall not exceed 25% of the total glass area of the window in which they are placed, except for grocery stores, food markets or pharmacies, where the total area shall not exceed 35% of the total glass of the window.
G.
Informational signs, such as "entrance," "exit," "no parking," "visitor's parking," "no trespassing," "keep off the grass" and the like on the same lot as the use to which the sign relates or the prohibition of the use to which the sign relates, provided that:
H.
Signs advertising the sale or rental of individual lots on the premises upon which they are erected, or that said premises have been sold or rented, when erected by a broker or other person interested in the sale or rental of such premises, may be erected and maintained, provided that:
I.
Signs advertising the pending sale or development or rental of a subdivision or land development on the premises upon which they are erected, when erected in connection with the subdivision and/or land development of the premises by a building contractor, developer or other person interested in such sale or development, may be erected and maintained, provided that:
(1)
The size of any such sign is not in excess of 16 square feet.
(2)
Not more than one sign shall be placed upon any property in single and separate ownership, unless such property fronts upon more than one street, in which event one sign may be erected on each frontage.
(3)
Such sign shall not be erected until the subdivision and/or land development has received final plan approval.
J.
Signs of mechanics, painters and other artisans may be erected and maintained during the period such persons are performing work on the premises on which signs are erected, provided that:
K.
Sidewalk sign. A limit of one sidewalk sign per business shall be permitted within the Town Center District and may be placed within the sidewalk, so long as each portable sign shall not exceed nine square feet and a minimum clear walking width of four feet shall be maintained. All such sidewalk signs shall be taken indoors at the close of each business day.
§ 112-704 Signs requiring permits.
The following signs, exactly as herein described under each specific district, are permitted, provided that a sign permit has been obtained for said sign:
A.
Neighborhood Conservation District. The following signs may be erected and maintained in the Neighborhood Conservation Districts upon issuance of a sign permit:
(1)
Signs for home occupations as permitted in this chapter, indicating the name and/or professional activity of the resident practitioner, provided that the size of any such sign shall not exceed two square feet in area.
(2)
Signs for uses in the Professional Office Overlay District. The size of such sign shall not exceed 12 square feet.
(4)
Signs for a bed-and-breakfast facility, provided that the size of any such sign shall not exceed two square feet in area.
(5)
Signs of schools, colleges, churches, hospitals, public libraries, public parks or playgrounds, multifamily buildings containing 15 or more dwelling units or other institutions and sites of a similar nature may be erected and maintained on the premises, provided that:
(6)
Signs of fraternities and sororities may be erected and maintained, provided that:
(a)
The permit application shall contain a letter from the Dean of Students evidencing university recognition, chartering or acceptance.
(b)
Not more than one sign shall be placed on a property.
(c)
The sign must be rigidly affixed to the building and to all supporting and framing structures, attachments and hardware.
(d)
The sign shall not exceed four square feet in area.
(e)
The sign shall not be illuminated.
(f)
Each fraternity/sorority shall be limited to one sign, irrespective of the number of properties occupied.
(7)
Signs indicating the location of hospitals or other public service institutions may be erected and maintained, provided that:
(a)
The number of any such signs to be erected by any one institution or organization may be limited at the discretion of the Borough Council.
(b)
Written permission is secured from the owner of the property on which the sign is to be erected.
(c)
The size of any such sign is not in excess of three square feet.
(8)
Business signs for nonconforming uses which are located in a building sharing both a business and residential use and which indicate the name or activity of the occupant of the building, provided that:
(10)
Only the following signs shall be illuminated in the residential districts:
(a)
An identification sign of a physician, dentist, District Justice, hospital and any such other person or establishment whose services in an emergency are considered essential to public health, safety and welfare.
(b)
An identification sign of a school, church or other similar permitted use, provided that said sign is illuminated only between the hours of dusk and 12:00 midnight, prevailing time.
(11)
Banners across streets, alleys and other public rights-of-way shall be permitted to promote community events, such as sidewalk sale days, the Annual Restaurant Festival, Old Fashioned Christmas and events sponsored by the Chester County Hospital, Chester County Historical Society, veterans' organizations or charitable, educational, fraternal, civic or service organizations. Banners promoting business and commercial enterprises are prohibited. Banners shall also be governed by the following:
(a)
At least 30 days prior to the desired date of hanging a banner over a public street or way, an applicant must complete and submit a banner permit to the office of the Borough Manager for approval by the Borough Council. Upon approval of a permit by the Borough Council, a banner may be hung and displayed as set forth below.
(b)
The hanging of banners must be in complete conformance with the application as submitted and as finally approved by the Borough Council.
(c)
The hanging of banners is the sole responsibility of the applicant.
(d)
No banner may hang lower than 15 feet over the street or public way.
(e)
No more than two banners may be displayed over any particular street or public way.
(f)
Banners may not be hung more than 14 days prior to the date of the event being advertised and must be removed no later than seven days after the conclusion of the event being advertised.
(g)
Banners not removed within seven days after the advertised event has concluded will be removed by the Borough, and the applicant shall be liable for the actual cost of removal.
(h)
Banners hung across streets and other rights-of-way without proper approval will be removed within two working days after the person(s) or organization(s) responsible have been notified by any means of communication. Failure to remove the banner(s) after notification shall result in the Borough's doing so at a charge of the actual cost of removal and fines as related to zoning violations.
B.
Commercial service and industrial districts. The following signs may be erected and maintained in the CS and ID Districts upon issuance of a sign permit:
(1)
Any sign permitted in a Neighborhood Conservation District which relates to a use permitted in the CS and ID Districts or a condition of sale, rental, direction and the like as set forth in § 112-702.
(2)
(Reserved)
(3)
Signs advertising one business or industrial use when located on the lot where such use is conducted, provided that:
(a)
Not more than one ground sign or pole sign shall be permitted upon each street on which the use has frontage. Such sign shall not exceed 32 square feet in area and shall be set back a distance of not less than 10 feet from the street right-of-way line; or
(b)
Not more than three wall signs, the total signage of which is not to exceed 10% of the facade area on which the sign is located or 32 square feet, whichever is less.
(4)
Signs advertising two or more businesses or industries on a lot held in single and separate ownership on the lot where such uses are conducted, provided that:
(a)
Not more than one ground sign or pole sign shall be permitted. The total area of such sign shall not exceed 24 square feet for one business or industry; however, up to four additional square feet may be added for every additional business or industry, but in no case shall such sign exceed 40 square feet. The structural backing for all such signs shall be uniform, and no sign may extend in any direction beyond the outside edge of the backing; and
(b)
Not more than one wall sign per business or industry shall be permitted. No such sign shall exceed eight square feet.
(5)
In the case of an automobile service station, four accessory signs may be erected and maintained, provided that each such sign does not exceed four square feet in area.
(6)
All signs in the CS and ID Districts may be illuminated, subject to the requirements of this Article VII.
(7)
Signs for sexually oriented businesses in the CS District shall not depict specified sexual activities, persons in a state of nudity or seminudity or specified anatomical areas.
(8)
Billboard signs shall be permitted in the CS District as the sole principal use of a lot, provided that such signs meet the following requirements:
(a)
Not more than one billboard sign shall be permitted on a single lot.
(b)
The minimum net lot area must be 500 square feet.
(c)
The lot shall not contain any other buildings or structures, except those necessary for the operation, maintenance or security of the billboard sign.
(d)
The total height of any billboard sign shall not exceed 20 feet, measured from the average ground level to the top of the sign, including all structural components. There shall be a minimum of 10 feet of clearance (not including structural ground supports) under the lower edge of the signboard.
(e)
A billboard sign structure may have no more than two sign faces of equal size, shape and dimension, and the total display area of a billboard sign shall not exceed 72 square feet on one side, including border and trim, but excluding supports.
(f)
No portion of a billboard sign shall be located closer than 10 feet from the right-of-way.
(g)
No billboard sign shall be located within the safe clear sight distance or safe stopping distance of a signalized intersection, which distance shall be determined in accordance with applicable PennDOT standards.
(h)
No portion of a billboard sign shall interfere with or obstruct vehicle traffic, travel or ingress and egress to a public street.
(i)
No billboard sign shall be located closer than 500 feet to any other billboard sign.
(j)
A billboard sign structure may contain only one sign or advertisement per face. No part of the sign shall extend beyond the borders of the signboard structure.
(k)
Billboard signs shall conform to the applicable illumination standards.
(l)
Billboard signs may have changeable copy which shall conform to the applicable standards.
(m)
All billboard signs shall be maintained in good condition. The structural components of the sign shall be maintained to ensure their integrity and to prevent the possible collapse of the sign. Signs having ripped, defaced or partial advertisements shall be immediately repaired by having the advertisement restored to its original condition, removed, or covered.
(n)
All billboard signs shall be set back at least 100 feet from any property zoned residential and all property where a residential use is located.
C.
Institutional District. The following signs may be erected and maintained in the IS District upon issuance of a sign permit:
(1)
Any sign permitted in a Neighborhood Conservation District which relates to a use permitted in the IS District or a condition of sale, rental, direction and the like.
(2)
Signs advertising one institutional use when located on the lot or tract where such use is conducted, provided that:
(a)
Not more than a combination of two ground signs or pole signs shall be permitted along each street on which the use has frontage. Such sign(s) shall not exceed 24 square feet in area and shall be set back at least 10 feet from the street right-of-way line and shall be separated at least 100 feet from one another, measured along the street line.
(b)
Not more than two wall signs attached to a facade of a permitted principal building shall be permitted, neither of which shall exceed 24 square feet in area.
(3)
Two accessory signs may be erected and maintained for each individual institutional use, provided that any such sign does not exceed four square feet in area.
(4)
All signs in the IS District may be illuminated, subject to applicable standards.
D.
Town Center District. The following signs may be erected and maintained in the TC District upon issuance of a sign permit:
(1)
Any sign permitted in the Neighborhood Conservation District which relates to a use permitted in the TC District.
(2)
A wall sign advertising one Town Center use, when located on the lot where such use is conducted, provided that:
(3)
If a ground sign is erected, such sign shall not exceed 20 square feet and shall be set back a distance of not less than five feet from the street right-of-way line.
(4)
If a pole sign is erected, such sign shall not exceed 20 square feet and shall be set back a distance of not less than five feet from the street right-of-way line.
(5)
All signs in the TC District may be illuminated, subject to applicable standards.
(6)
Projecting signs in accordance with this article, provided that only one sign per 25 feet of frontage shall be permitted.
E.
Mixed-Use District. The following signs may be erected and maintained in the MU District upon issuance of a sign permit:
(1)
Any sign permitted in a Neighborhood Conservation District which relates to a use permitted in the MU District.
(2)
No signs may be erected or maintained in the MU District unless such signs shall advertise the permitted business activity conducted on the premises. No off-premises signs shall be permitted.
(3)
Signs advertising one business when located on the lot where such use is conducted, provided that:
(4)
Signs advertising two or more businesses on a lot held in single and separate ownership on the lot where such uses are conducted, provided that:
(5)
Municipal and governmental uses when located in the MU District may erect and maintain any of the following signs:
(a)
Not more than one ground sign shall be permitted upon each street on which the use has frontage. Such sign shall not exceed 32 square feet in area and shall be set back a distance of not less than 10 feet from the street right-of-way line.
(b)
Wall signs advertising one governmental use shall be permitted, the total area which shall not exceed 60 square feet.
(6)
All signs in the MU District may be illuminated.
§ 112-705 Permit requirements.
The following requirements shall apply to signs for which a permit is required as set forth in this article:
A.
All sign approval permits shall be filed on application forms provided by the Borough and administered by the Zoning Officer.
B.
All sign approval permit applications shall disclose the following information in duplicate:
(1)
A description of the size, shape, color, material, supports, anchoring, weight and height of the sign, as well as the intensity of illumination.
(2)
An architectural elevation, drawn to scale, of the sign, indicating the proposed style of the letters, words, symbols or other graphics and the proposed size, dimensions, shape, color, material, supports, anchoring and height of the sign.
(3)
A plot plan, drawn to scale, showing the proposed sign location with respect to the property lines and the building(s).
C.
Written consent of the landowner, if different from the applicant, shall be provided.
D.
All applications for sign approval permits shall be accompanied by a check to cover the required fee as set forth in the Fee Schedule for signs established by the Borough Council.
E.
The Zoning Officer shall process applications for sign approval permits within 30 days from the date of the filing of a complete application with the required fee, unless provided for otherwise herein.
F.
The Zoning Officer shall inspect and approve the installation of the sign and shall make periodic inspections to determine conformity of signs to these regulations.
G.
In determining the appropriateness of the proposed sign, the Zoning Officer shall determine the following:
§ 112-706 Fees.
All applications for permits shall be accompanied by a fee in accordance with the Fee Schedule for the same established by the Borough Council.