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