Exciting enhancements are coming soon to eCode360! Learn more 🡪
Borough of Denver, PA
Lancaster County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
The purpose of this article is to regulate existing and proposed outdoor advertising and outdoor signs of all types. It is intended to improve safety, protect property values, create a more attractive and harmonious economic and business climate and enhance and protect the physical appearance of the community. Special attention is focused on reducing the potential for visual obstruction and hazards at intersections and driveways. It is further intended hereby to reduce sign or advertising distractions and obstructions in order to promote and protect the public health, welfare, and safety of the community.
A. 
Signs may be erected, placed, established, created, altered or maintained only in conformance with the standards, procedures, exemptions and other requirements of this article and any and all other ordinances and regulations relating to signs and similar devices. Zoning permits will be required for the erection, placement, establishment, creation, alteration or maintenance of all signs unless otherwise indicated in this article.
B. 
The effect of this article, as more specifically set forth herein, is as follows:
(1) 
To establish a permit system to allow a variety of types of signs in commercial and industrial districts, and a limited variety of signs in all other districts, subject to the standards and the permit procedures of this article;
(2) 
To allow certain signs that are small, unobtrusive and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this article, but without a requirement for permits;
(3) 
To provide for temporary signs without commercial messages in limited circumstances in the public right-of-way;
(4) 
To prohibit all signs not expressly permitted by this article; and
(5) 
To provide for enforcement of the provisions of this article.
C. 
For purposes of applying the provisions of this article, parcels which are comprised of one or more individual lots of record, which are parts of a combined group of businesses operating under one general corporation, or are part of a single land use, shall be regarded as a single parcel or lot. All signs, except where exempted, shall require a permit.
Signs shall be allowed in the Borough in accordance with Table 9-1 (Permanent Sign Requirements), Table 9-2 (Temporary Sign Requirements)[1] and other sections of this article.
[1]
Editor's Note: Tables 9-1 and 9-2 are included at the end of this chapter.
The following signs shall be exempt from regulation under this chapter:
A. 
Signs necessary for the direction, regulation and control of traffic, street name signs, warnings at railroad crossings, and other official signs which are similarly authorized or erected by a duly constituted governmental body;
B. 
Any public notice or warning required by a valid and applicable federal, state or local law, regulation or ordinance;
C. 
Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three feet beyond the lot line of the property on which such sign is located;
D. 
Holiday lights and decorations with no commercial message; and
E. 
Traffic control signs on private property, such as Stop, Yield and similar signs, the face of which meet PennDOT standards and which contain no commercial message of any sort.
All signs not expressly permitted under this chapter or exempt from regulation hereunder in accordance with the previous section are prohibited in the Borough. Such signs include, but are not limited to:
A. 
Signs which incorporate in any manner flashing or moving illumination, or with illumination which varies in intensity or varies in color, and signs which have any visible moving part, visible revolving part, visible mechanical movement of any description or other apparent visible movement achieved by electrical pulsation. Signs displaying only weather and time information shall not be considered as flashing/moving signs.
B. 
Exterior or interior flashing signs or lights such as lasers or floodlights that are distracting to drivers of motor vehicles.
C. 
Any sign or structure the state of disrepair of which constitutes a hazard to public safety or health.
D. 
Signs which obstruct the vision of drivers or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads.
E. 
Any sign which obstructs free ingress or egress from a fire escape, door, window or other required exitway.
F. 
Signs which make use of words such as "stop," "look," "one-way," "danger," "yield" or any similar words, phrases, symbols, lights or characters in such a manner as to interfere with, mislead, confuse or distract the operator of a motor vehicle on a public street.
G. 
Any obsolete sign (including the structural members of the sign) which is no longer licensed.
H. 
Signs on public property, public rights-of-way or utility poles that are not erected by a governmental body or utility company.
I. 
Strings of lights not permanently mounted to a rigid background, except those exempt under the previous section.
J. 
Inflatable signs and tethered balloons. Balloons or other inflated devices larger than two feet in diameter, whether inscribed or not.
K. 
Signs on roofs. Roof signs are prohibited.
L. 
Signs specially constructed and erected on motor vehicles for advertising purposes are prohibited. This does not include legally registered public transportation vehicles.
M. 
Signs which include pornographic or obscene words or displays relating to sexual activities as defined in § 200-128.
A. 
If a sign requiring a permit under the provisions of this article is to be placed, constructed, erected or modified on a property, the owner of the property shall secure a sign permit in accordance with the requirements of § 200-116.
B. 
No signs shall be erected in the public right-of-way except in accordance with § 200-125.
C. 
No sign permit of any kind shall be issued for any sign unless such sign is consistent with the requirements of this article (including those protecting existing signs) in every respect.
The following procedures shall govern the application for and issuance of all sign permits under this chapter.
A. 
Applications. All applications for sign permits of any kind shall be submitted to the Zoning Officer on an application form or in accordance with application specifications published by the Borough.
B. 
An application for construction, creation or installation of a new sign or for modification of an existing sign shall be accompanied by detailed drawings to show the dimensions, design, structure and location of each particular sign. One application and permit may include multiple signs on the same premises.
C. 
Fees. Each application for a sign permit shall be accompanied by the applicable fees, which shall be established by Borough Council from time to time by resolution.
D. 
Completeness. Within 10 days of receipt of an application for a sign permit, the Zoning Officer shall review it for completeness. If the Zoning Officer finds that it is complete, the application shall be processed. If the Zoning Officer finds that it is incomplete, the Zoning Officer shall, within such five-day period, send to the applicant a notice of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this chapter.
E. 
Action. Within 15 days of the submission of a complete application for a sign permit, the Zoning Officer shall either:
(1) 
Issue the permit, if the sign(s) that is the subject of the application conforms in every respect with the requirements of this chapter; or
(2) 
Reject the sign permit if the sign(s) that is the subject of the application fails in any way to conform to the requirements of this chapter. In the case of a rejection, the Zoning Officer shall specify in the rejection the section or sections of this chapter with which the sign(s) is inconsistent.
F. 
Inspection. The Zoning Officer shall cause an inspection of the premises for which each permit for a new sign or for a modification of an existing sign is issued during the six months after the issuance of such permit or at such earlier time as the owner may request. If the construction is not substantially complete at the time of the inspection, the permit shall lapse and become null and void. If the construction is substantially complete but not in full compliance with this chapter and any applicable building and electrical codes, the Zoning Officer shall give the owner or applicant notice of the deficiencies and shall allow an additional 30 days from the date of the inspection for the deficiencies to be corrected. If the deficiencies are not corrected by such date, the permit shall lapse.
The owner of any property containing signs requiring a permit under this chapter shall at all times maintain in force a sign permit for such property.
A. 
The owner of the premises or the lessee of the property on which an off-premises advertising sign is erected and maintained shall pay a fee for a registration certificate for each sign for which a permit is required. The fee for the certificate shall be paid biannually, the amount of which shall be in accordance with the sign fee schedule adopted by the Borough.
B. 
The Zoning Officer shall be required to inspect each sign requiring a registration certificate and issue the same, provided that the sign conforms to the provisions of this chapter and any other applicable Borough ordinances and/or regulations. If the Zoning Officer determines that a sign has defects requiring repairs or that the sign violates any provision of this chapter, except in terms of any applicable nonconforming status, the Zoning Officer shall notify the owner or user of such sign in writing indicating the defects and/or violations. The Zoning Officer shall not issue a renewal of a registration certificate until all repairs and/or corrections have been completed to her or her satisfaction, subject to the right of appeal.
C. 
All off-premises advertising signs in existence on the effective date of this chapter shall be registered within two years from the effective date of this chapter.
D. 
Failure to apply for or obtain the registration certificate by any person or firm using and/or maintaining a sign requiring the issuance of the registration certificate shall constitute a violation of this chapter.
E. 
Registration certificates for off-premises advertising signs shall be renewed every two years upon payment of the certificate renewal fee.
Nonconforming signs which lawfully existed and were maintained at the effective date of this chapter may be continued subject to compliance with the following requirements:
A. 
All existing signs that do not conform to the regulations of this chapter must be licensed within 180 days after adoption of this chapter.
B. 
Nonconforming signs must comply with the regulations of this chapter if the sign is damaged or destroyed to the extent of 50% or more of its replacement value.
C. 
Nonconforming signs must comply with the regulations of this chapter if the use of the sign is abandoned for longer than one year.
D. 
No nonconforming sign may be expanded. Any nonconforming sign which becomes dilapidated, structurally unsound, or the nonconforming sign collapses, shall be removed and replacement or reconstruction of the sign will not be permitted.
Where the nature of the business and its location require such visibility of signs that the dimensional requirements of this chapter are inadequate to reasonably attract business, the area/dimensional requirements of this chapter may be modified by variance from the Zoning Hearing Board, but only to such extent as is necessary.
Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies and penalties provided by this chapter and by state law:
A. 
To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign;
B. 
To install, create, erect or maintain any sign requiring a permit without such a permit;
C. 
To fail to remove any sign that is installed, created, erected or maintained in violation of this chapter; or
D. 
To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this chapter.
The following regulations shall control the computation of sign area and sign height:
A. 
Computation of area of individual signs.
(1) 
The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, triangle, rectangle or circle, or combination thereof, that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting bracing, or decorative fence or wall when such fence or wall otherwise meets regulations of this chapter and is clearly incidental to the display itself.
(2) 
In computing total sign area, the area of the faces of all sign displays shall be counted, and any neon tube, string of incandescent lights or similar device shall be considered as having a minimum dimension of three inches.
B. 
Computation of area of multifaced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. However, when two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of only one of the faces.
C. 
Computation of sign height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot be reasonably determined, sign height shall be computed on the assumption that the normal elevation at the base of the sign is equal to the elevation of the grade of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower.
D. 
Computation of maximum total permitted sign area for any property. The permitted sum of the area of all individual signs on a property shall be computed in accordance with the requirement in Tables 9-1 and 9-2.[1] Lots fronting on two or more streets are allowed the permitted sign area for each street frontage. Unless otherwise provided for elsewhere in this chapter, the total sign area that is oriented toward a particular street may not exceed the portion of the lot's total sign area allocation that is derived from the lot, building, or wall area frontage on that street.
[1]
Editor's Note: Tables 9-1 and 9-2 are included at the end of this chapter.
In order to reduce and eliminate existing and potential hazards to life and property, no sign more than two feet above undisturbed grade may be located or maintained in the clear sight triangles as determined below.
A. 
Near driveways. There shall be provided and maintained at all driveways a sight triangle with a clear line of sight between points not less than 75 feet from the intersection of the center lines of the street and the driveway. No sign exceeding two feet of height above undisturbed grade shall be located or maintained in this sight triangle.
B. 
Near intersections. There shall be provided and maintained at all street intersections a sight triangle with a clear line of sight between points not less than 300 feet from the center line of each intersecting street. No sign exceeding two feet of height above undisturbed grade shall be located or maintained in this sight triangle.
The regulations contained in this section shall apply to all signs and all use districts, regardless of designation.
A. 
All signs shall comply with applicable provisions of any building and electrical codes as adopted by the Borough.
B. 
Except for banners, flags, temporary signs, portable signs, sidewalk signs and window signs conforming in all respects with the requirements of this section, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building or another structure by direct attachment to a rigid wall, frame or structure.
C. 
All signs shall be kept in good condition and repair, and shall not be allowed to become dilapidated.
D. 
Dilapidated or damaged signs shall be promptly repaired. Repairs shall be completed within 90 days of notice by the Borough. Signs constituting a hazard shall be repaired within 24 hours. Failure to repair said sign shall result in an automatic revocation of the permit.
E. 
Illumination. Any illuminated sign or lighting device shall employ only lights emitting a constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights or contain any other moving element, except to show time and/or temperature. In no event shall an illuminated sign or lighting device be so placed or so directed as to permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk, or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.
F. 
No sign shall be placed in such a position that it will cause danger to vehicular or pedestrian traffic on a street.
G. 
No sign or sign-bearing structure other than official traffic signs and public utility facilities shall be erected within or extend into the right-of-way of a street except as authorized in this article.
H. 
No sign shall be higher than the height limitations of the particular district in which it is located.
I. 
Utility pole placement. All signs shall adhere to Act 360 of the State of Pennsylvania which controls the placing of signs on utility poles.
No signs shall be allowed in the public right-of-way, except for the following:
A. 
Permanent signs. Permanent signs, including:
(1) 
Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information and direct or regulate pedestrian or vehicular traffic.
(2) 
Bus stop signs erected by a public transit company.
(3) 
Informational signs of a public utility regarding its poles, lines, pipes or facilities.
B. 
Temporary signs. Temporary signs in accordance with the requirements of § 200-126 and Table 9-2.[1]
[1]
Editor's Note: Table 9-2 is included at the end of this chapter.
C. 
Emergency signs. Emergency warning signs erected by a governmental agency, a public utility company or a contractor doing authorized or permitted work within the public right-of-way.
D. 
Other signs forfeited. Any sign installed or placed on public property, except in conformance with the requirements of this section, shall be forfeited to the public and subject to confiscation. In addition to other remedies hereunder, the Borough shall have the right to recover from the owner or person placing such a sign the full costs of removal and disposal of such sign.
Unless superseded by the requirements of Table 9-2, the following shall apply to temporary signs:
A. 
No person, group, business, organization or entity may erect or maintain any temporary sign without first obtaining a temporary sign permit from the Zoning Officer, except exempted signs as described in § 200-113.
B. 
Temporary signs must meet all requirements of this chapter with the following exceptions: A-frame signs and movable signs are permitted as long as the sign is secured and would not be easily blown down by normal wind currents.
C. 
Balloons containing advertisement, hot-air balloons or other inflatable objects are permitted as temporary signs for a maximum of seven calendar days per year. However, they must be secured and not create a safety hazard. The sign area will be considered as zero.
D. 
No temporary sign may be placed so as to impede the normal flow of pedestrian or vehicle traffic, nor shall such signs impede the sight of or cover any existing business sign and traffic control sign or any entrance or exit to any property or business.
E. 
The time limit for temporary signs is 60 days per calendar year per business or other entity. Such entity must obtain a separate permit for each time period that the sign is on display. The duration of each time period must be declared by the permittee and will be specified on the permit. Multiple signs may be approved under one permit.
F. 
Temporary sign permits must be obtained prior to the display of any temporary sign. Should a permit not be applied for before the sign is erected, the ensuing permit would be dated retroactive to the first day of the sign's display.
G. 
If a sign is not removed at the end of the permitted duration, such time period will be deducted from the permittee's total maximum temporary sign allowance of 60 days.
H. 
A temporary business may have a temporary sign for the duration of the valid temporary business license, not to exceed a maximum of 13 weeks.
Off-premises advertising signs which advertise products or services other than those which are sold or provided on the premises where the sign is located are permitted subject to strict compliance with the following conditions as well as any other applicable requirement:
A. 
The panel shall not exceed 300 square feet in area on one side.
B. 
No more than one panel (two sides) shall be permitted.
C. 
There shall be a minimum of 1,000 feet between off-premises advertising signs, (except if an off-premises advertising sign is attached to the opposite side of an existing off-premises advertising sign).
D. 
No off-premises advertising signs shall be erected less than 600 feet from existing dwellings.
E. 
If lighted, a nonglare lighting fixture designed for outdoor use shall be used.
F. 
No off-premises advertising sign shall be more than 25 feet high.
G. 
All off-premises advertising signs shall be set back a minimum distance of 100 from the street right-of-way line.
H. 
The applicant must furnish a copy of the agreement with the property owner as part of any off-premises advertising sign application.
No person shall place or cause to be placed or maintained in such a location as can be viewed by persons on any public street any sign or signs, photographic, pictorial, or other graphic representation, that depict in whole or in part the following:
A. 
Act or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law.
B. 
Scene wherein a person displays the vulva or the anus or other genitals.
C. 
Scene wherein artificial devices are employed to depict or drawings are employed to portray any of the prohibited signs, photographs, or graphic representatives described above.
D. 
Any other graphic illustration pertaining to specified sexual activities and/or specified anatomical areas.
In addition to the other requirements of this chapter, the following regulations shall apply to all freestanding signs:
A. 
Freestanding signs, with all parts, braces and supports thereof, shall be located entirely behind the property line and shall not project over the public right-of-way or other adjoining lands.
B. 
No individual business or other enterprise within a shopping center may erect or maintain a freestanding sign.
C. 
Freestanding signs shall not be placed so as to obstruct sight distance.
In addition to the other requirements of this chapter, the following regulations shall apply to all projecting signs:
A. 
Projecting signs shall not project more than five feet beyond the building line in the direction of the street nor shall any portion of a projecting sign be closer than two feet to the plane of the vertical face of the street curb or curbline.
B. 
Projecting signs shall not have any portion less than 10 feet above grade level.
C. 
No individual business or other enterprise within a planned center may erect or maintain a projecting sign.
In addition to the other requirements of this chapter, the following regulations shall apply to all canopy signs:
A. 
A canopy sign shall not project more than 10 feet beyond the building line in the direction of the street nor shall any portion of a canopy sign be closer than two feet to the plane of the vertical face of the street curb or curbline.
B. 
Canopy signs shall not have any portion less than 10 feet above grade level.
C. 
No canopy sign shall extend above the top of the wall upon which it is placed.
D. 
The sign area of a canopy sign shall not exceed area equal to 15% of the building wall/face to which it is attached. In no instance shall a canopy sign exceed a sign area of 60 square feet.
E. 
No canopy sign shall extend laterally beyond the extremities of the wall to which it is attached.
In addition to the other requirements of this chapter, the following regulations shall apply to all wall signs:
A. 
Marquee signs shall be classified as wall signs for the purposes of this chapter.
B. 
No wall sign, except for a marquee sign, shall extend above the top of the wall upon which it is placed.
C. 
The sign area of a wall sign shall not exceed area equal to 15% of the building wall/face to which it is attached. In no instance shall a wall sign exceed a sign area of 60 square feet.
D. 
No wall sign shall extend laterally beyond the extremities of the wall to which it is attached.
Balloons, hot-air balloons or other inflatable objects are allowed only as temporary signs.
The following shall apply to sidewalk signs:
A. 
Sidewalk signs shall be permitted only in the Business District.
B. 
Sidewalk signs shall not exceed four feet in height and three feet in width.
C. 
Sidewalk signs shall be nonilluminated.
D. 
Only one sidewalk sign shall be permitted per premises.
E. 
Sidewalk signs shall be removed from the sidewalk during the overnight hours.
F. 
No sidewalk sign shall block the flow of pedestrian traffic or create a hazard for persons with disabilities, nor shall a sign be placed at any bus stop, loading zone or driveway, or block corner visibility for drivers. Furthermore, no sidewalk sign shall be fastened to any tree, utility pole, parking meter, street sign or other structure.
In addition to the other requirements of this chapter, the following regulations shall apply to all planned center signs:
A. 
Individual stores located in a planned center may not have freestanding signs or projecting signs.
B. 
Individual stores may have exterior signs only if the store has a direct exterior door. Such signs may be either wall signs or canopy signs (where a canopy exists).
C. 
A planned center is permitted to have an entrance sign designated for the name of the center. This sign may also be used as a directory (menu board) sign. This sign area is counted separately from the individual store's signage.
D. 
A planned center must have access to and/or frontage on a major collector road to qualify for an entrance sign.
E. 
Only one freestanding sign, bearing the name of the planned center, may be erected on the lands occupied by the center and is subject to the provisions contained herein.
Window signs shall be permitted only in the business and industrial districts and shall be further regulated in accordance with the provisions of Table 9-2, Permanent Sign Requirements.[1]
[1]
Editor's Note: Table 9-2 is included at the end of this chapter.
A. 
Not more than one sign per bus shelter is permitted.
B. 
The area of the sign shall not exceed 24 square feet.
C. 
The sign shall be located on the rear side of the bus shelter (i.e., the side parallel to the street).
D. 
The sign may be double-sided and the message on each side may be different.
[Added 5-9-2016 by Ord. No. 629]
In addition to the other requirements of this chapter, the following regulations shall apply to all EMD signs:
A. 
Electronic message display (EMD) signs shall be prohibited in the Business District (B) and in all residential districts (R-1, R-2, and R-3).
B. 
EMD signs shall be permitted in the Industrial and Institutional Districts, provided the following requirements are met:
(1) 
The sign message does not change more than once every eight seconds.
The EMD display light output shall be as follows:
(a) 
Limited to a maximum brightness level of 300 Nits between dusk and dawn; and
(b) 
No more than 0.3 footcandles above ambient light at all times, as measured using a footcandle meter at a preset distance depending on sign size. Measuring distances shall be as follows:
[1] 
Zero-to one-hundred-square-foot sign to be measured 100 feet from the source.
[2] 
One-hundred-one-to three-hundred-square-foot sign to be measured 150 feet from the source.
(2) 
No such signs shall be erected within 150 feet of any property or building used in whole or in part for a residential purpose or within 150 feet of any residential district.
C. 
Signs displaying only weather and time information shall not be restricted by this subsection.