[Amended 4-3-1991 by Ord. No. 91-6; 11-2-1994 by Ord. No. 94-15]
The purpose of this article is as follows:
A.Â
To provide for signs as a means of effective visual
communication.
B.Â
To promote adopted comprehensive planning and zoning
objectives.
C.Â
To assure compatibility of signs with land uses and
buildings in the vicinity of the signs and in the community as a whole.
D.Â
To enhance the safety of pedestrians, vehicular traffic
and property.
E.Â
To enhance the economic value of the community.
F.Â
To enhance the aesthetic environment.
G.Â
To minimize adverse effects of signs on nearby property.
H.Â
To otherwise promote the public health, safety, morals
and general welfare of the community.
I.Â
To regulate the use of signs through a sign permitting
process.
J.Â
To enable the fair and consistent enforcement of these
sign regulations.
The following are definitions of signs only:
Any projection which is not intended for occupancy and which
extends beyond the face of an exterior wall of a building but shall
not include signs.
The entire area of a sign on which copy could be placed.
In computing area of sign background, only that face or faces which
can be seen from any one direction at one time shall be counted.
That portion of any exterior elevation of a building extending
vertically from grade to the top of the parapet wall or eaves and
horizontally across the entire width of the building elevation.
A sign attached to or part of a building or primary structure,
including but not limited to awnings, canopies, etc.
[Added 3-27-2002 by Ord. No. 2002-6]
A shelter supported from an external wall using a rigid frame
and a nonrigid or rigid surface.
[Added 3-27-2002 by Ord. No. 2002-6]
Any panel which has changeable copy regardless of method
of attachment or method of effecting copy change.
The actual area of the sign copy applied to any background.
Compute copy area by straight lines drawn tangent of copy extremities
encompassing individual letters, words or graphic elements.
Any sign placed outside a building.
The front of a building; any face of a building given special
architectural treatment.
[Added 3-27-2002 by Ord. No. 2002-6]
A sign in which a source of artificial light is used in order
to make the message readable. The definition shall include internally
and externally lighted signs.
A permanent roofed structure attached to and supported by
a building and projecting over public property or a pedestrian walkway.
An environment that invites an individual to walk; to encourage
foot traffic by creating a pedestrian-safe environment.
[Added 3-27-2002 by Ord. No. 2002-6]
The uppermost line of a roof of a building or, in the case
of extended facade or parapet, the uppermost height of said facade
or parapet.
The minimum distance measured from the average ground level
below the sign to the bottom of the sign.
[Added 3-27-2002 by Ord. No. 2002-6]
Any structure which supports, has supported or is capable
of supporting a sign.
Any identification, description, illustration or devise illuminated
or nonilluminated which is visible from any public place and which
draws attention to a product, service, place, activity, person, institution,
business or solicitation or any emblem, painting, banner, pennant,
placard or temporary display designed to advertise, identify or convey
information with the exception of interior signs and national or corporate
flags.
The following definitions apply to types of
signs that apply to this chapter:
A sign that is made up of two sides/faces that are hinged
at the top. Each side will not exceed three feet by four feet or 12
square feet per side or face.
[Added 3-27-2002 by Ord. No. 2002-6]
A sign with action or motion, flashing or color changes,
requiring electrical energy, electronic or manufactured sources of
supply, but not including wind actuated elements, such as flags, banners
or other like items. For the purpose of this chapter, this definition
shall not be meant to include public service signs, such as time and
temperature units, or revolving or changeable message signs, which
are manually or electrically activated, or visually projected signs.
[Amended 3-27-2002 by Ord. No. 2002-6]
A semipermanent retractable shelter supported entirely from
the exterior wall of a building and composed of nonrigid, opaque or
translucent materials except for the supporting framework.
[Amended 3-27-2002 by Ord. No. 2002-6]
A flexible material sign, without framing, secured at its
corners by means of fasteners or rope-type lines.
A permanent off-premises sign erected, maintained or used
for the purpose of providing copy area for advertising messages.
A business sign which provides identification at the entrance
to a center, such as a shopping center, office complex or industrial
park.
A sign on which message copy can be changed through use of
attachable letters, numerals or graphics or by electronic switching
of lamps or other illuminated devices. This includes public service
information displays or any sign which features automatic switching
or changing of its message content. This does not include time and
temperature signs.
[Amended 3-27-2002 by Ord. No. 2002-6]
Any sign which is designed and erected solely for the purpose
of traffic or pedestrian direction and which is placed on the property
to which or on which the public is directed.
A sign in which the names of the businesses are listed in
a multiunit commercial building.
[Added 3-27-2002 by Ord. No. 2002-6]
A sign where scrolling text messages are displayed via an
electronic format.
[Added 3-27-2002 by Ord. No. 2002-6]
Any sign which has electrical wiring in, on or attached to
it or which is otherwise illuminated or energized by electrical current.
See "wall/fascia sign."
A sign supported by one or more columns, uprights or braces
placed in the ground.
[Added 3-27-2002 by Ord. No. 2002-6[1]]
A sign supported by one or more columns, uprights or braces
placed upon the ground.
[Added 3-27-2002 by Ord. No. 2002-6]
Any sign identifying premises where food, lodging or places
of business are located which engage in supplying goods and services
essential to normal operation of motor vehicles and where such enterprises
are directly dependent upon an adjacent freeway for business.
A temporary sign which directs attention to the sale of personal
goods on the premises on which the sign is located.
A sign providing information about a business activity conducted
within a dwelling unit on the premises on which the sign is located.
An informational sign, no more than two square feet in size
and not including any commercial message or logo, which carries a
message such as "enter," "telephone," "rest rooms," "no parking,"
"no trespassing," "warning," a listing of hours when open, an on-site
direction or anything similar.
Any sign placed within a building regardless of whether its
message is visible to the exterior of the building, but not including
window signs as defined and regulated by this chapter. Except for
such window signs, interior signs are not regulated by the zoning
provisions of this chapter.
Any sign attached to or constructed in a marquee.
A sign directing attention to a business, industry, profession,
commodity, service or entertainment not necessarily sold or offered
upon the premises where the sign is located.
A sign which carries only messages strictly incidental to
a lawful use of the premises on which it is located. Such sign or
sign devices may include but are not limited to messages indicating
the business transacted, services rendered, goods sold or produced
on the premises, the name of the business, the name of the person,
firm or corporation occupying the premises.
A sign, when affixed to or hung in a window or painted onto
the window surface, that relates specific information about the use,
including but not limited to the name or products sold, and shall
be counted as part of the maximum sign area allowed for the principal
use.
[Added 3-27-2002 by Ord. No. 2002-6]
Any sign which displays the name and/or picture of an individual
seeking election or appointment to a public office or pertaining to
a forthcoming public election or referendum or pertaining to or advocating
political views or policies.
[Amended 3-27-2002 by Ord. No. 2002-6]
Any sign not permanently attached to the ground or to a building
or building surface; includes vehicular signs as defined herein.
A sign other than a wall sign which is attached to and perpendicular
to or projects more than 18 inches from a structure or building face
or wall.
[Amended 3-27-2002 by Ord. No. 2002-6]
A sign pertaining to the sale, lease or rental of the property
upon which it is located.
A sign which revolves 360° but does not exceed eight
revolutions per minute.
A sign erected upon the roof or parapet of a building, the
entire face of which is situated above the roof level or highest architectural
point of the building to which it is attached and which is wholly
or partially supported by said building.
A sign which is intended to advertise community or civic
projects, political activity or other special community, business
or commercial events. Such signs may be displayed for a specified
period of time only as prescribed by this article. Portable or vehicular
signs or any sign not permanently embedded in the ground, or permanently
affixed to a building structure or sign structure which is permanently
embedded in the ground, are temporary signs.
A display containing illuminated or reflective numerals switching
alternately to show the time and temperature.
A lighted or unlighted display attached to the underside
of a canopy, marquee or the architectural projection protruding over
public or private sidewalks or rights-of-way.
A sign which is affixed to a vehicle in such a manner that
the carrying of such sign or signs is no longer incidental to the
vehicles primary purpose but becomes a primary purpose itself. Such
signs shall be subject to the regulations of temporary signs as defined
in this Code. This definition does not apply to signs on vehicles
when in motion.
A sign in which a motion picture or video is projected onto
an outside wall or building surface used for the purpose of advertising
messages or images.
[Added 3-27-2002 by Ord. No. 2002-6]
A sign which is in any manner affixed to the exterior wall
of a building or structure and which projects not more than 18 inches
from the building or structure wall; also includes signs affixed to
architectural projections, canopies or marquees which project from
a building facade, provided that the copy area of such sign remains
parallel to the building facade.[2]
The following guidelines shall apply when interpreting
area and height regulations in this article:
A.Â
Area. The area of a sign shall be the area of the
smallest rectangle, triangle or circle that will encompass all elements
of the sign, such as letters, figures, symbols, designs or other display.
(1)Â
When the sign is a separate unit, that area shall
include any borders, framing, trim, decorative attachments, background
and space between elements; it shall not include any supporting structure
unless that structure is illuminated, is in the form of a symbol or
contains advertising elements.
(2)Â
When the sign is applied to a wall or otherwise has
definable edges, the area shall include all color, artwork or other
means used to differentiate the sign surface upon which it is placed.
(3)Â
When a single sign structure has more than one face
with the same message, and no two sign faces are more than three inches
apart at any one point, the area shall be computed by determining
the greatest total area of all sign faces visible from any single
location.
B.Â
Height. The height of a sign shall be measured from
the average ground level beneath the sign to the highest point of
the sign. The ground level shall be the lower of the ground level
existing at the time of the construction or the virgin ground level
existing prior to the construction and prior to any earth disturbance
at the site. The virgin ground level may be established by any reliable
source, including without limitation existing topographic maps, aerial
photographs, photographs of the site or affidavits of people who are
personally familiar with the site. A landowner shall not artificially
increase the maximum height of a sign by constructing an earthen mound
beneath the sign.
(1)Â
No sign shall be higher than the height limitation
of the district in which it is located.
(3)Â
Wall signs may be at any height on the wall to which
they are attached, except that they may not extend higher than the
top of the wall.
(4)Â
Roof signs may not extend more than five feet above
the lowest point where they are attached to the building and may not
extend above the highest point of the roof.
A.Â
The following regulations shall apply to all signs,
in addition to the specific regulations and supplemental regulations
contained in the following provisions of this chapter. Where the general
regulations are contradicted by the specific or supplementary regulations,
the specific or supplementary regulations shall control.
(1)Â
Maintenance. Every sign shall be constructed of durable
materials, using noncorrosive fasteners, shall be structurally safe
and erected or installed in strict accordance with the Borough Building
Code and shall be maintained in a safe condition and good repair at
all times. Specifically, no sign shall be maintained within the Borough
in such a state of disrepair as to have the appearance of complete
neglect, which is rotting or falling down or which is illegible or
has loose parts separated from the original fasteners.
(2)Â
Unsafe signs:
(a)Â
Whenever a sign becomes structurally unsafe
and/or poses a potential threat to the safety of a building or premises
or endangers the public safety and such condition becomes known to
the Zoning Officer, he/she shall give written notice to the owner
of the premises on which the sign is located that such sign must be
made safe or be removed within five days, unless the Zoning Officer
shall deem appropriate a more extended period of compliance.
(b)Â
Where, in the opinion of the Zoning Officer upon careful inspection, any sign as described in Subsection A(2)(a) above constitutes an imminent hazard to public safety, necessitating immediate action, he shall be empowered to take those measures he deems appropriate to secure, stabilize or remove such sign without written notice to the owner of the premises otherwise required by that subsection. In such cases, a lien shall be placed against that property on which such sign was situated in the amount of the costs incurred by the Borough in removing the sign, and the Zoning Officer shall notify the owner in writing after the removal with the reason and logic for the removal.
(c)Â
Failure of the Zoning Office to remove or require
the removal of any unsafe sign as described in this section shall
create no liability upon nor any cause of action against the Zoning
Officer or any other Borough official or employee for damage or injury
that may occur as a result of such sign.
(3)Â
All signs shall be removed within 30 days if the purpose
for which they were erected no longer exists.
(4)Â
Each property which displays one or more freestanding
permanent signs and which is in an area where street addresses have
been assigned must prominently display the street number on one freestanding
permanent sign visible from the street. The address must be of a size
and design which is easily identifiable and legible (three-inch minimum
height with a maximum height of four inches) from moving traffic in
the street. The area taken up by the address does not count as part
of the sign area.
[Amended 3-27-2002 by Ord. No. 2002-6]
(5)Â
No temporary signs shall be permitted except as authorized
elsewhere in this article.
(6)Â
No sign shall be located within a street right-of-way,
except a government sign, a public utility sign or another sign approved
by the governing body or the Pennsylvania Department of Transportation.
(7)Â
No sign more than 30 inches high above grade, or less
than 10 feet high above grade to the bottom of the sign, other than
a government sign, shall be located within the one-hundred-foot clear
sight triangle of any street intersection or in any other position
where it could endanger vehicular or pedestrian traffic by obstructing
vision.
(8)Â
No sign shall be painted, pasted, nailed, stapled or otherwise attached to utility poles, trees, fences or fire hydrants or in an unauthorized manner to walls or other signs, with the exception of political signs governed under the Downingtown Borough Code Chapter 160, Handbills and Posters.
(9)Â
Any freestanding sign within a floodplain must receive
approval as a special exception.
(10)Â
No sign shall be placed so as to obstruct any
door, stairway, window, fire escape or other means of egress or ingress.
(11)Â
No overhead sign shall have a clearance of less
than 10 feet between any pedestrian walk and the lowest part of the
sign. In the Central Business Overlay District, the minimum clearance
shall be eight feet.
[Amended 3-27-2002 by Ord. No. 2002-6]
(12)Â
No sign which is parallel to and attached to
the face of a building shall project more than 18 inches over a public
sidewalk.
(13)Â
No sign which is perpendicular to and attached
to the face of a building shall project more than 48 inches over a
public sidewalk.
(14)Â
No sign shall have lights or other illumination
devices which constitute a public safety or traffic hazard.
(15)Â
No sign shall be permitted which imitates or
which might be confused with an official traffic sign or signal, such
as by containing the word "stop" or "danger," or by including red,
green or yellow lights.
(16)Â
No sign or window display shall include a revolving
beam or beacon of light resembling an emergency vehicle or facility.
(17)Â
No sign shall advertise activities or products
which are illegal under federal, state or local municipal laws or
regulations.
(18)Â
No sign shall include statements, words or pictures
which are considered to be vulgar, obscene or pornographic.
(19)Â
Streamers, pennants, spinners, reflectors, ribbons,
tinsel or similar materials of a temporary nature may be displayed
outside a building for a period not to exceed 30 days.
(20)Â
Animated, sequential, intermittent, flashing,
rotating or oscillating signs shall be permitted, except as provided
for elsewhere in this article.
(21)Â
No sign shall emit smoke, visible vapors, particles,
sound or odor.
(22)Â
No sign shall be placed on an automobile, truck
or other vehicle if that vehicle is being used primarily for displaying
such sign.
(23)Â
No open flames shall be permitted as part of
a sign or in any other way to attract attention.
(24)Â
Advertising painted upon or displayed upon a
barn or other structure shall comply with the regulations of this
article.
(25)Â
Any sign which has been authenticated as historically
significant and accurate for its specific location, whether original
or replica, shall be exempt from the regulations of this article,
except for those regulations governing health and safety.
[Amended 3-27-2002 by Ord. No. 2002-6]
(26)Â
Signs may be interior lighted with nonglaring
lights; signs may be externally lighted by lights which are shielded
so there is no direct light transmitted to other properties or public
right-of-ways. Interior lighted signs are not permitted in the Central
Business Overlay District.
[Amended 3-27-2002 by Ord. No. 2002-6]
(27)Â
The light from any illuminated sign shall not
adversely affect safe vision of operators of vehicles moving on public
or private streets or in parking areas or any residential district,
or any part of a building or property used for residential purposes.
(28)Â
Business signs in other than commercial and
industrial districts shall not be illuminated when the business is
closed.
(29)Â
All electrically illuminated signs shall be
constructed to the standard/listing of the National Electric Code
(NEC) and so labeled.
(30)Â
In the Central Business Overlay District, the
combined areas of all building signs in a single facade shall not
exceed 12% or 30 square feet (whichever is less) of the facade area.
[Added 3-27-2002 by Ord. No. 2002-6]
(31)Â
In the Central Business Overlay District, no
more than one freestanding permanent sign may be permitted per property.
[Added 3-27-2002 by Ord. No. 2002-6]
(32)Â
In the Central Business Overlay District, the
minimum distance between two freestanding permanent signs shall be
20 feet.
[Added 3-27-2002 by Ord. No. 2002-6]
A.Â
Tables 1 to 3, attached hereto as Appendixes I through
III[1] provide specific regulations for specific kinds of signs in each zoning district. Note that there are also supplemental regulations in § 287-118 below.
[1]
Editor's Note: Appendixes I through III are
included at the end of this chapter.
C.Â
Permitted number, area, height and setback for signs.
Appendixes II and III[3] indicate, for each zoning district, information about
the permitted number, maximum area, minimum height and minimum setback
for each kind of sign.
[3]
Editor's Note: Appendixes II and III are included
at the end of this chapter.
In addition to the regulations contained elsewhere
in this article, the following shall apply to specific kinds of signs.
The regulations in Appendixes I and III apply in addition to the following
supplemental regulations. Where the provisions in the supplemental
regulations and Appendixes I and III are contradictory, the provisions
contained in the supplemental regulations shall control.[1]
A.Â
Banners. Banners are permitted in compliance with
the following provisions:
[Amended 6-3-1998 by Ord. No. 98-3; 3-27-2002 by Ord. No.
2002-6; 9-5-2012 by Ord. No. 2012-06]
(1)Â
Other than in the Central Business Overlay District, banner(s) shall
be a temporary sign of flexible/durable material; the bottom of the
banner shall be a minimum of eight feet from the grade level; securely
fastened to a building's facade on all four corners; securely fastened
with ropes/cords to prevent flapping in the wind when over a street;
may not project below any existing roofline, pent eave or canopy.
Overhead banners across state highways and Borough streets shall have
a vertical clearance over the roadway of a minimum of 17 feet, six
inches.
(2)Â
Banners in the Central Business Overlay District shall comply with
the following regulations:
(a)Â
For the purpose of this subsection, pennants shall not be subject
to the conditions of the Banner Ordinance unless specifically stated.
(b)Â
Types of banners are permitted as provided below:
[1]Â
Nonpolitical and noncommercial historical, cultural, educational,
seasonal or civic events situated within the Borough of Downingtown.
(c)Â
(Reserved)
(d)Â
Banners shall also be governed by the following:
[1]Â
At least 60 days prior to the desired date of hanging a banner
over a public street or way, an applicant shall complete and submit
a banner permit application, including the specified banner fee, certificate
of insurance and a sketch or photograph of the banner to the office
of the Borough Manager for approval.
[2]Â
All approved banners are subject to the following:
[a]Â
There shall be a permit fee as stipulated by resolution
for the hanging and display of each banner.
[b]Â
The hanging of banners on the Borough's designated
banner poles is the responsibility of the Public Works Department.
Banners are to be delivered to the Public Works Director or his designate
within five days of the intended display date.
[c]Â
No more than two banners may be displayed at one
time over any particular street or public way.
[d]Â
No banner may hang lower than 17 feet, six inches
over the street or public way.
[e]Â
Banner materials shall be durable to sustain winds
and inclement weather. The Borough of Downingtown reserves the right
to remove any banner, regardless of approval, as deemed necessary
due to unsafe conditions or potential weather impacts. No refunds
shall be provided if a banner is removed pursuant to this reservation
of right by the Borough.
[f]Â
Banners must meet the specifications set forth
by the Public Works Director outlined in the street banner guidelines
which shall accompany permit application forms.
[g]Â
Banners may not be hung for more than 20 consecutive
days. A banner may not be hung more than 14 days prior to the date
of the event being advertised.
[3]Â
The applicant must provide commercial general liability insurance
with combined single limits of liability for bodily injury and property
damage of not less than $1,000,000 for each occurrence. The required
insurance certificate must name the Borough of Downingtown, its officers
and employees as additional insureds.
B.Â
Billboards are permitted only in industrial zoned
districts.
C.Â
Business signs. Business signs are generally regulated
in accordance with Appendix III.[2]
[2]
Editor's Note: Appendix III is included at the end of this chapter.
D.Â
Center signs are allowed for centers, such as shopping
centers, office complexes and industrial parks with at least three
units and at least 7,500 square feet of building area.
E.Â
Contractor signs. Each contractor sign must be set
back at least 10 feet from the cartway or at the building face, whichever
is less, may not be in the side yard set back and may not be illuminated.
Contractor signs must be removed within one week after the completion
of the project; signs which are not removed may be removed and impounded
by the Borough, and the Borough may recover a fee equal to the cost
of removal and storage. No off-premises contractor signs are permitted.
F.Â
Election and/or political signs. Election signs may be displayed no more than one month prior to the election and must be removed with one week after the election and shall be erected in accordance with Borough Code Chapter 160, Handbills and Posters. Signs which are not removed within the time limit may be removed and discarded by the Borough, and the Borough may recover a fee equal to the cost of removal and discarding.
[Amended 3-27-2002 by Ord. No. 2002-6]
G.Â
Garage/yard sale signs. Signs may be placed no more
than 48 hours before the sale and must be removed before the end of
the day of the sale. No off-premises signs are permitted. Signs which
are not removed within the time limit may be removed and discarded
by the Borough, and the Borough may recover a fee equal to the cost
of removal and discarding.
H.Â
Home occupation sign. A home occupation sign may include
a name and address, an occupation or activity and a logo or trademark.
There may be no illumination, except that a sign for a medical office
or emergency service may be illuminated when the business is open.[3]
I.Â
Development signs are allowed for residential developments.
They may include only the name of the development and may not include
any commercial advertising.
J.Â
Incidental/directional signs. Incidental signs must
have a setback of 10 feet from the right-of-way, unless they are 30
feet or less in height, in which case no setback is required.
[Amended 3-27-2002 by Ord. No. 2002-6]
K.Â
Nonprofit organization signs. Nonprofit organization
signs may be placed adjacent to a street right-of-way with the approval
of the governing body. The governing body may require that they be
placed at designated entrances to the community on common display
panels.
L.Â
Public use sign. Off-site directional signs of a public
or quasi-public nature are permitted, provided that no advertising
shall be contained on such signs other than the following for the
purpose of indicating the name or location of a town, village, hospital,
community center, school or place of worship or the name or place
of meeting of a governmental, civic or service body or an event of
public interest, such as a state or county fair, a local or general
election or an auction, permitted for one period of 14 days and required
to be removed within two days after said event. No more than two such
signs may be placed within the Borough by any one establishment and
no more than one at any one intersection. No such sign may be erected,
placed, installed or maintained without the written permission of
the owner of the property involved.
M.Â
Real estate signs. On-site, open house signs may be
displayed no more than two days in advance of the open house and must
be removed within hours of the end of the open house; other real estate
signs must be removed within five days after settlement. Signs which
are not removed within the time limits may be removed and impounded
by the Borough, and the Borough may recover a fee equal to the cost
of removal and storage. No off-premises real estate signs are permitted.
N.Â
Special events signs. If a special event has a specific
date, signs for the event may be displayed no more than 21 days in
advance. All special event signs must be removed within five days
of the end of the event. Signs which are not removed within the time
limit may be removed and discarded by the Borough, and the Borough
may recover a fee equal to the cost of removal and discarding. Any
special event signs which do not meet the standards of this article
must be approved by special action of the governing body.
O.Â
Design guidelines for the Central Business Overlay
District.
[Added 3-27-2002 by Ord. No. 2002-6]
[1]
Editor's Note: Appendixes I and III are included
at the end of this chapter.
A.Â
Any sign to be erected, changed or altered in the
Borough that is not exempt under this article shall require a permit.
No signs shall hereafter be erected or altered nor the content changed
(except directory) until a permit is issued by the Zoning Official.
B.Â
No permit shall be issued for an off-site sign until
the property owner's consent and signature have been filed.
C.Â
Sign permit application requirements, such as forms,
plans and fees, shall be established by the Borough and are available
from the Office of Life Safety and Code Enforcement. Application shall
be made, in writing, to the Borough and shall contain all information
necessary for the Zoning Official to determine whether the proposed
sign or the proposed alterations conform to all of the requirements
of this chapter. All applications for sign permits shall be accompanied
by plans or diagrams, in duplicate and approximately to scale, showing
the following:
(1)Â
Exact dimensions of the lot, including any right-of-way
lines, or building upon which the sign is proposed to be erected.
(2)Â
Exact size, dimensions and location of said sign on
the lot or building, together with its type, construction, materials
to be used and manner of installation.
(3)Â
Any other lawful information which may be required
of the applicant by the Zoning Official.
D.Â
Permits shall be granted or denied within 15 business
days from the date of application.
[Amended 3-27-2002 by Ord. No. 2002-6]
E.Â
No sign permit shall be issued except in conformity
with the regulations of this chapter and except upon order of the
Zoning Hearing Board granted pursuant to the procedures established
for the issuance of a variance.
F.Â
After installation, the Zoning Official or his/her
designee shall inspect the sign to ensure the installation has conformed
to the regulations set forth in this article. All signs shall henceforth
be subject to periodic inspection.
[Amended 3-27-2002 by Ord. No. 2002-6]
G.Â
No permit to erect a sign shall be issued until the
required fee has been paid to the Borough. The fees associated with
the permitting of signs shall be set from time to time by resolution
of the Council of the Borough of Downingtown.
Nonconforming signs may continue to be displayed,
as long as there is compliance with the following limitations and
conditions:
A.Â
There may be no expansion or increase in the nonconformity
in any way.
B.Â
Maintenance and repair of the sign are permitted.
If necessary, up to 50% of the sign and its supporting structure in
aggregate may be replaced in the event of damage, with this fifty-percent
limitation being cumulative; any replacement must be completed within
60 days of the damage occurring. In the Central Business Overlay District,
any change to a nonconforming sign must bring the sign into conformance
with the regulations contained in this article.
[Amended 3-27-2002 by Ord. No. 2002-6]
C.Â
The sign must be brought into conformity if, for a
period of at least one month, the contents of the sign no longer applies
to an activity on the premises.
D.Â
In the Central Business Overlay District, a nonconforming
sign may be moved to another position on the building or lot on which
it is located provided that the sign is well maintained and in good
condition.
[Added 3-27-2002 by Ord. No. 2002-6]
E.Â
Registration of nonconformities. The Code Officer
shall identify and register all nonconforming signs as follows:
[Added 3-27-2002 by Ord. No. 2002-6]
(1)Â
Location and description of the sign, including district,
county parcel number, and location on parcel or identified structure.
(2)Â
Name and address of the owner of the nonconforming
sign.
(3)Â
Regulations as to which the sign is nonconforming.
(4)Â
Date when the nonconforming sign came into existence.
B.Â
Rights not affected. Nothing in this article or in
the Zoning Code hereby adopted shall be construed to affect any lawsuit
or proceeding impending in any court or any rights acquired or liability
incurred or any cause or causes of action, acquired or existing, under
any act or ordinance hereby repealed as cited previously; nor shall
any just or legal right or remedy of any character be lost, impaired
or affected by this article.
