A. 
No person, firm, corporation or organization shall affix any poster, sign, notice, billboard or other similar item to any public utility pole, sign pole or post, fire hydrant, tree, public building or any other structure in any public place in the Borough of Derry without first having obtained a permit from the Borough (unless otherwise exempted in this article).
B. 
The application for all permits shall state the length of time for which the permit is desired to be issued and the name of the person, firm, corporation or organization responsible therefor, and such other complete information as the Borough shall deem necessary to issue any permit. Application to the Zoning Officer shall be processed within two weeks upon receipt of the written request to erect a sign and payment of a fee as predetermined from a fee schedule adopted by Derry Borough Council (provided the size and design of the sign is in conformity with the provisions of this article and all other effective and applicable ordinances). Refusal to issue a permit shall include a written statement to the applicant containing the reasons for denial.
C. 
Negligence to apply for a sign permit is punishable by a fine as prescribed by the Derry Borough Council and payable to said Council. Payment of said fine does not grant approval to erect a sign.
D. 
Nothing in this article/chapter shall be interpreted as meaning that the Borough of Derry conveys or gives to any person, firm, corporation or organization, the right to use any pole, post, fire hydrant, tree, public building or other structure without first obtaining permission from the owner or owners thereof.
The following signs are exempt:
A. 
Signs erected or required by the local, state, or federal government;
B. 
On or off-site signs erected for public information, safety, or direction by any public utility;
C. 
Temporary signs such as real estate for sale or rent, political candidate signs, auction, yard or item-for-sale signs; common, temporary residential signs (i.e., birth announcement, graduation party or similar type event) but only for a maximum of seven consecutive days within a period of 90 calendar days;
D. 
Temporary signs for retail business establishments running a special sale/event for very limited time only;
E. 
Holiday signs and decorations with no commercial message; and
F. 
Traffic control signs on private property, such as "stop" or "yield" and similar signs, the face of which must meet the Pennsylvania Department of Transportation standards and which contain no commercial sign of any sort.
A. 
If any person, firm, corporation or organization shall leave any poster, sign, notice, billboard or any similar item affixed to any public utility pole, sign pole or post, fire hydrant, tree, public building, or other structure in any public place in the Borough of Derry beyond the length of time specified in the permit, such person, firm, corporation or organization shall be in violation of this article.
B. 
Any person, firm, corporation or organization who shall violate any of the provisions of this article/ordinance shall, upon conviction, be sentenced to pay a fine of not more than $25 per each day the violation continues plus costs of prosecution, and, in default of payment of such fine and costs, to be subject to imprisonment for not more than 10 days. Each day any such violation shall be permitted to exist shall constitute a separate offense.
Any sign installed or placed on public property, except in conformance with the requirements of this article, shall be forfeited to the Borough and subject to confiscation. 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 the sign.
A sign that conforms with the requirements of this chapter may be repaired, repainted, removed for repair and then remounted, or replaced with an identical sign without any permits. Note that this chapter considers replacing a sign with a nonidentical sign to be the same as erecting a new sign. Thus, such a replacement may or may not require a zoning permit, depending on the type and location of the involved sign.
A. 
Calculating the square footage for signage use for commercial buildings shall be based upon the building frontage, which is measured from end-to-end of the building's foundation that is exposed to any abutting streets.
B. 
A building on an interior lot may have only one abutting street (the front street) or it may be a through lot abutting two streets (the front street and a rear street).
C. 
A building on a corner lot will have a minimum of two or three abutting streets, the front, the side and the rear street. (It may not have a rear street if the parcel directly abuts another parcel.)
D. 
A building contained within the entire block would obviously have four abutting streets.
E. 
Examples of how to calculate the square footage for signs on a typical corner lot are as follows:
(1) 
Front street. If the building frontage (width of the building at the front street) is 50 feet, then the total combined square footage for all signs that may be placed on that front wall is 50 square feet maximum.
(2) 
Side street. If the building frontage (width of the building at the side street) is 60 feet, then the total combined square footage for all signs that may be placed on that side wall is 60 square feet maximum.
(3) 
Rear street. If the building frontage (width of the building at the rear street) is 50 feet, then the total combined square footage for all signs that may be placed on that rear wall is 50 square feet maximum.
F. 
The total combined square footage for this example building is 160 square feet of signage.
G. 
If the above example business did not want to put all of its signage on the building walls, then it would simply reduce the signage maximums all around (or eliminate one or more walls/sides) as it sees appropriate, and utilize the saved square footage as a freestanding sign. However, no freestanding sign may exceed 40 square feet in the C-CB District, or 60 square feet in the G-I District.
All signs that are not expressly permitted under this chapter are prohibited in the Borough.
If a conforming use has been discontinued for a total of 12 months, then all signs that are related to that use, as well as any structures that support these signs, shall be known as "abandoned signs." Likewise, if a nonconforming use has been abandoned as described in Article III, § 425-34, Nonconforming use of land, Subsection B, then all signs that are related to that use, as well as any structures that support these signs, shall be known as "abandoned signs." All abandoned signs shall be removed at the expense of their owners. If such a sign is not removed, the Zoning Officer shall enforce the requirements of this section via the procedure given in § 425-26, Enforcement; violations and penalties.
A. 
Applicability. The requirements of this section only apply to nonconforming signs. A nonconforming sign is defined as a sign that was legally established before the effective date of this chapter's enactment, and due to said chapter enactment, no longer conforms to the requirements of this article or any other provision of this chapter. Because said nonconforming signs are not illegal, they have a right to remain in place and to be maintained. However, they must adhere to the requirements of this section.
B. 
Nonconforming status. The following rules apply to or concern all nonconforming signs:
(1) 
The Zoning Officer may keep and maintain a list of all nonconforming signs that exist in the Borough as of the date of this chapter's enactment and on the effective dates of any relevant amendments to either this chapter or its Map.
(2) 
Any sign that was illegally erected or painted under a previous zoning ordinance or land use regulation, because a permit was not issued, shall remain illegal under this chapter, even if it conforms to this chapter's regulations.
(3) 
Any sign that becomes a nonconforming sign due to any amendment made after the effective date of this chapter's enactment shall be subject to the regulations of this section.
C. 
Maintaining legal nonconforming signs. The following rules apply to all nonconforming signs:
(1) 
If any legal, nonconforming sign deteriorates to an unsightly or hazardous condition, the owner of that sign shall repair, repaint or remove it for repair. If the Borough Zoning Officer finds that such a sign has not been repaired, repainted or removed for repair, he or she shall enforce this requirement via the procedures given in § 425-26, Enforcement; violations and penalties.
(2) 
A legal, nonconforming sign may be repaired, repainted, or removed for repair and then remounted without obtaining a zoning permit.
(3) 
Nothing in this section grants the right to technological upgrades. Technological upgrades are the same as erecting a new sign.
D. 
Replacing nonconforming signs. Replacing a temporary nonconforming sign with an identical temporary nonconforming sign does not require any permits. However, replacing a permanent, nonconforming sign with an identical permanent, nonconforming sign does require a zoning permit. Section 425-11, Zoning permits, explains how to obtain a zoning permit. Note that this chapter considers replacing a nonconforming sign with a nonidentical sign to be the same as erecting a new sign. Thus, such a replacement may or may not require a zoning permit, depending on the type and location of the involved sign.
E. 
Enlarging, relocating, or altering nonconforming signs.
(1) 
A nonconforming sign shall not be enlarged or relocated within the Borough.
(2) 
A nonconforming sign shall not be altered in any aspect except to make safety improvements, to keep the sign maintained in accordance with the requirements of this section or other Borough ordinances, or to bring the sign into conformance with the requirements of this chapter.
(3) 
Nothing in this section grants the right to technological upgrades. Technological upgrades are the same as erecting a new sign.
F. 
Bringing a nonconforming sign into conformance. If a nonconforming sign is altered so that it becomes a conforming sign, it shall not be subsequently altered back to a nonconforming state. Likewise, if a nonconforming sign is replaced with a conforming sign, that conforming sign shall not be subsequently replaced with another nonconforming sign.
G. 
Abandoned nonconforming signs. If a conforming use has been discontinued for a total of 12 months, then all nonconforming signs that are related to that use, as well as any structures that support these signs, shall be known as "abandoned nonconforming signs." Likewise, if a nonconforming use has been abandoned as described in Article III, § 425-34, Nonconforming use of land, Subsection B, then all nonconforming signs that are related to that use, as well as any structures that support these signs, shall be known as "abandoned nonconforming signs." All abandoned nonconforming signs shall be removed at the expense of their owners. If such a sign is not removed, the Zoning Officer shall enforce this requirement via the procedures given in § 425-26, Enforcement; violations and penalties.
[Amended 2-13-2017 by Ord. No. 773; 6-12-2017 by Ord. No. 777]
Permanent and Temporary Signs
Maximum sign area for all signs combined
6 square feet
Residential dwelling uses
12 square feet
Bus shelters, forestry activities, open spaces
12 square feet
Minor-impact home-based businesses (shall include the 6 square feet for the residential use, for a total of 12 square feet)
18 square feet
Cemeteries, churches and similar uses, funeral homes/mortuary, nursing homes, private and civic clubs, professional offices and services, public libraries and museums
Number of signs
Depends on how the square footage maximum is divided up
Location on lot
No sign shall be closer than 4 feet to a property line if no sidewalk exists and no closer than 3 feet from the inside edge of an existing sidewalk.
Freestanding signs
The bottommost part of any sign shall not exceed the height of 2 feet above ground grade.
Projecting or extending from a building
No further than a two-foot extension out and must be at least 9 feet above ground/sidewalk level
Illuminated signs
Permitted, subject to conditions (as set forth below under this section) approved by the Zoning Hearing Board/Zoning Officer
Reflective signs
Permitted
Traffic: directional-type signs
Common signs guiding or directing traffic and/or parking, but bearing no advertising matter, may be permitted, as determined by the Zoning Officer that they do not interfere with official Derry Borough signs of a similar nature.
Signs with moving devices or intermittent or flashing lights
Not permitted. Illuminated signs that contain flashing lights are permitted, subject to the approval of the Zoning Hearing Board/Zoning Officer.
Signs with changeable copy (including zip-change signs)
Permitted. Signs may have changeable copy, such as letters, numbers, typographical symbols and other similar characters. Changeable copy shall be manually or mechanically changeable only in designated field(s). The color of the changeable copy shall be limited to black or red.
Note: Sign area includes support material from the bottom of the sign to beyond the top of the sign and both sides. In addition to the other requirements of this section, every sign referred to herein:
1.
Must not be located within a public right-of-way;
2.
Must not be located in the clear-sight-triangle of a corner lot if exceeding 3 1/2 feet in height above the finished paved area at the center of the roadway;
3.
Must not extend over onto the public sidewalk or right-of-way;
4.
Must be constructed of durable materials, kept in good repair and not permitted to become dilapidated; and
5.
Must be removed when the circumstances leading to its erection no longer applies.
A. 
Illuminated signs.
(1) 
An electronic message board may contain a changeable message, as defined herein, that utilizes changeable text, images, pictures, and/or symbols that may appear as an on/off message. The area of the electronic component shall be included in calculating the total permitted sign area. The area of the electronic component(s) may not exceed 30% of the allowable sign area.
(a) 
If approved by the Zoning Board/Zoning Officer, the electronic component(s) may cover 100% of the allowable sign area, but the maximum sign area cannot exceed 12 square feet.
(2) 
No lighted sign or message board shall have a luminance of greater than 300 footcandles.
(3) 
Each message on an electronic message board shall be displayed for at least 30 seconds, and a change of message shall be accomplished within two seconds with an on/off cycle. Fade out/fade in from one static image to another static image is permitted.
(4) 
The electronic message board shall not contain obscene or profane images or language. The electronic message board shall display messages directly related to the on-site use. No off-site advertising is permitted on the electronic message board.
(5) 
The electronic message board component of a sign shall be automatically dimmed after dark. The electronic message board must contain a default mechanism that freezes the sign in one position if a malfunction occurs; and automatically adjusts the intensity of its display according to natural ambient light conditions.
(6) 
The owner of an electronic message board shall provide the Borough with contact information for a person who is available to promptly turn off the electronic message board after a malfunction.
(7) 
Any structures, visible devices, cages or shielding related to or attached to an electronic message board are prohibited, unless reviewed and approved by the Zoning Board/Zoning Officer prior to installation.
(8) 
After approval of a minor conditional use permit for an electronic message board, the permit may be reviewed and additional conditions and limitations may be imposed by the Zoning Board/Zoning Officer, including, without limitation, lighting, illumination, hours of operation or intensity of the electronic message board, if complaints, subject to verification by staff, are received from the public.
(9) 
No permanent, temporary or illuminated signs, as defined in this chapter or Derry Code, are permitted in residential zones unless the property is used as an educational institution, church or business.
[Amended 2-13-2017 by Ord. No. 773; 6-12-2017 by Ord. No. 777]
Permanent and Temporary Signs
Maximum sign area for all signs combined
6 square feet
Residential dwellings (per unit, single and duplex) and parks and playgrounds
4 square feet per unit
Residential (over 3 units) multi-households, apartments, low-rise dwelling (for the building's owner/operator use re: parking, exit or entrance type signage: 8 square feet per building)
12 square feet
Bus shelters, forestry activities, open spaces, parks and playgrounds with facilities, essential services and public utility buildings
12 square feet
Minor-impact home-based businesses and cay-care facilities in-home (shall include the 6 square feet for the residential use, for a total of 12 square feet
18 square feet
Cemeteries, churches and similar uses, funeral homes/mortuary, nursing homes, private and civic clubs, professional offices and services, public libraries and museums
Number of signs
Depends on how the square footage maximum is divided up
Location on lot
No sign shall be closer than 4 feet to a property line if no sidewalk exists and no closer than 3 feet from the inside edge of an existing sidewalk.
Freestanding signs
The bottommost part of any sign shall not exceed the height of 2 feet above ground grade.
Projecting or extending from a building
No further than a two-foot extension out and must be at least 9 feet above ground/sidewalk level
Illuminated signs
Permitted, subject to conditions (as set forth below under this section) approved by the Zoning Hearing Board/Zoning Officer
Reflective signs
Permitted
Traffic: directional-type signs
Common signs guiding or directing traffic and/or parking, but bearing no advertising matter, may be permitted, as determined by the Zoning Officer that they do not interfere with official Derry Borough signs of a similar nature.
Signs with moving devices or intermittent or flashing lights
Not permitted. Illuminated signs that contain flashing lights are permitted, subject to the approval of the Zoning Hearing Board/Zoning Officer.
Signs with changeable copy (including zip-change signs)
Permitted. Signs may have changeable copy, such as letters, numbers, typographical symbols and other similar characters. Changeable copy shall be manually or mechanically changeable only in designated field(s). The color of the changeable copy shall be limited to black or red.
Note: Sign area includes support material from the bottom of the sign to beyond the top of the sign and both sides. In addition to the other requirements of this section, every sign referred to herein:
1.
Must not be located within a public right-of-way;
2.
Must not be located in the clear-sight-triangle of a corner lot if exceeding 3 1/2 feet in height above the finished paved area at the center of the roadway;
3.
Must not extend over onto the public sidewalk or right-of-way;
4.
Must be constructed of durable materials, kept in good repair and not permitted to become dilapidated; and
5.
Must be removed when the circumstances leading to its erection no longer applies.
A. 
Illuminated signs.
(1) 
An electronic message board may contain a changeable message, as defined herein, that utilizes changeable text, images, pictures, and/or symbols that may appear as an on/off message. The area of the electronic component shall be included in calculating the total permitted sign area. The area of the electronic component(s) may not exceed 30% of the allowable sign area.
(a) 
If approved by the Zoning Board/Zoning Officer, the electronic component(s) may cover 100% of the allowable sign area, but the maximum sign area cannot exceed 12 square feet.
(2) 
No lighted sign or message board shall have a luminance of greater than 300 footcandles.
(3) 
Each message on an electronic message board shall be displayed for at least 30 seconds, and a change of message shall be accomplished within two seconds with an on/off cycle. Fade out/fade in from one static image to another static image is permitted.
(4) 
The electronic message board shall not contain obscene or profane images or language. The electronic message board shall display messages directly related to the on-site use. No off-site advertising is permitted on the electronic message board.
(5) 
The electronic message board component of a sign shall be automatically dimmed after dark. The electronic message board must contain a default mechanism that freezes the sign in one position if a malfunction occurs; and automatically adjusts the intensity of its display according to natural ambient light conditions.
(6) 
The owner of an electronic message board shall provide the Borough with contact information for a person who is available to promptly turn off the electronic message board after a malfunction.
(7) 
Any structures, visible devices, cages or shielding related to or attached to an electronic message board are prohibited, unless reviewed and approved by the Zoning Board/Zoning Officer prior to installation.
(8) 
After approval of a minor conditional use permit for an electronic message board, the permit may be reviewed and additional conditions and limitations may be imposed by the Zoning Board/Zoning Officer, including, without limitation, lighting, illumination, hours of operation or intensity of the electronic message board, if complaints, subject to verification by staff, are received from the public.
(9) 
No permanent, temporary or illuminated signs, as defined in this chapter or Derry Code, are permitted in residential zones unless the property is used as an educational institution, church or business.
[Amended 2-13-2017 by Ord. No. 773; 6-12-2017 by Ord. No. 777]
Permanent and Temporary Signs
Maximum sign area for all signs combined
6 square feet
Residential dwellings (per unit, single and duplex)
4 square feet per unit
Residential dwelling (over 3 units) multi-households, apartments, low-rise dwellings (for the building's owner/operator use re: parking, exit or entrance type signage: 8 square feet per building)
12 square feet
Bus shelters, essential services and public utility buildings, forestry activities, open spaces, parks and playgrounds with facilities
12 square feet
Parking facilities not located on the same lot as the principal use it serves and minor-impact home-based businesses (shall include the 6 square feet for the residential use, for a total of 12 square feet)
18 square feet
Child day-care centers, funeral homes, health services, nursing homes, private and civic clubs, professional offices and services, retail sales and services
18 square feet
Boarding and lodging houses, churches and similar uses, hotel/motel, public libraries and museums, public and private schools
Number of signs
Depends on how the square footage maximum is divided up
Location on lot
No sign shall be closer than 4 feet to a property line if no sidewalk exists and no closer than 3 feet from the inside edge of an existing sidewalk.
Freestanding signs
No sign shall exceed the height of the associated building or 28 feet, whichever is greater.
Projecting or extending from a building
No further than a two-foot extension out and must be at least 9 feet above ground/sidewalk level
Illuminated signs
Permitted, subject to conditions (as set forth below under this section) approved by the Zoning Hearing Board/Zoning Officer
Reflective signs
Permitted
Traffic: directional-type signs
Common signs guiding or directing traffic and/or parking, but bearing no advertising matter, may be permitted, as determined by the Zoning Officer that they do not interfere with official Derry Borough signs of a similar nature.
Signs with moving devices or intermittent or flashing lights
Not permitted. Illuminated signs that contain flashing lights are permitted, subject to the approval of the Zoning Hearing Board/Zoning Officer.
Signs with changeable copy (including zip-change signs)
Permitted. Signs may have changeable copy, such as letters, numbers, typographical symbols and other similar characters. Changeable copy shall be manually or mechanically changeable only in designated field(s). The color of the changeable copy shall be limited to black or red.
Note: Sign area includes support material from the bottom of the sign to beyond the top of the sign and both sides. In addition to the other requirements of this section, every sign referred to herein:
1.
Must not be located within a public right-of-way;
2.
Must not be located in the clear-sight-triangle of a corner lot if exceeding 3 1/2 feet in height above the finished paved area at the center of the roadway;
3.
Must not extend over onto the public sidewalk or right-of-way;
4.
Must be constructed of durable materials, kept in good repair and not permitted to become dilapidated; and
5.
Must be removed when the circumstances leading to its erection no longer applies.
A. 
Illuminated signs.
(1) 
An electronic message board may contain a changeable message, as defined herein, that utilizes changeable text, images, pictures, and/or symbols that may appear as an on/off message. The area of the electronic component shall be included in calculating the total permitted sign area. The area of the electronic component(s) may not exceed 30% of the allowable sign area.
(a) 
If approved by the Zoning Board/Zoning Officer, the electronic component(s) may cover 100% of the allowable sign area, but the maximum sign area cannot exceed 12 square feet.
(2) 
No lighted sign or message board shall have a luminance of greater than 300 footcandles.
(3) 
Each message on an electronic message board shall be displayed for at least 30 seconds, and a change of message shall be accomplished within two seconds with an on/off cycle. Fade out/fade in from one static image to another static image is permitted.
(4) 
The electronic message board shall not contain obscene or profane images or language. The electronic message board shall display messages directly related to the on-site use. No off-site advertising is permitted on the electronic message board.
(5) 
The electronic message board component of a sign shall be automatically dimmed after dark. The electronic message board must contain a default mechanism that freezes the sign in one position if a malfunction occurs; and automatically adjusts the intensity of its display according to natural ambient light conditions.
(6) 
The owner of an electronic message board shall provide the Borough with contact information for a person who is available to promptly turn off the electronic message board after a malfunction.
(7) 
Any structures, visible devices, cages or shielding related to or attached to an electronic message board are prohibited, unless reviewed and approved by the Zoning Board/Zoning Officer prior to installation.
(8) 
After approval of a minor conditional use permit for an electronic message board, the permit may be reviewed and additional conditions and limitations may be imposed by the Zoning Board/Zoning Officer, including, without limitation, lighting, illumination, hours of operation or intensity of the electronic message board, if complaints, subject to verification by staff, are received from the public.
(9) 
No permanent, temporary or illuminated signs, as defined in this chapter or Derry Code, are permitted in residential zones unless the property is used as an educational institution, church or business.
[Amended 2-13-2017 by Ord. No. 773; 6-12-2017 by Ord. No. 777]
Permanent and Temporary Signs
Maximum sign area for all signs combined
6 square feet
Upper floor residential uses
12 square feet
Parks and open spaces with or without facilities, bus shelters, forestry activities, essential services and public utility buildings, and parking facilities not located on the same lot as the principal use it serves
Square feet shall not exceed the number of lineal feet of building frontage (see § 425-78)
Cultural facilities, eateries, health services, hotel/motel, private and civic clubs, professional offices and services, public libraries and museums, public and private schools and retail and wholesale sales and services
Location on lot
No sign shall be closer than 2 feet to a property line if no sidewalk exists and no closer than 2 feet from the inside edge of an existing sidewalk.
Freestanding signs
No sign shall exceed the height of the associated building or 28 feet, whichever is greater. No individual freestanding sign may exceed 40 square feet.
Projecting or extending from a building
No further than a four-foot extension and may not exceed 30 square feet in area (where such size is permitted). No sign may extend past the center line of a public sidewalk. The bottommost part of any projecting sign must be a minimum of 9 feet from the ground/sidewalk level.
Illuminated signs
Permitted, subject to conditions (as set forth below under this section) approved by the Zoning Hearing Board/Zoning Officer
Reflective signs
Permitted
Traffic: directional-type signs
Common signs guiding or directing traffic and/or parking, but bearing no advertising matter, may be permitted, as determined by the Zoning Officer that they do not interfere with official Derry Borough signs of a similar nature.
Signs with moving devices or intermittent or flashing lights
Not permitted. Illuminated signs that contain flashing lights are permitted, subject to the approval of the Zoning Hearing Board/Zoning Officer.
Signs with changeable copy (including zip-change signs)
Permitted. Signs may have changeable copy, such as letters, numbers, typographical symbols and other similar characters. Changeable copy shall be manually or mechanically changeable only in designated field(s). The color of the changeable copy shall be limited to black or red.
Note: Sign area includes support material from the bottom of the sign to beyond the top of the sign and both sides. In addition to the other requirements of this section, every sign referred to herein:
1.
Must not be located within a public right-of-way and temporary display of business "sale" or "specials" signs may not be set more than 1 foot away from the wall of the building or impede with foot traffic;
2.
Must not extend over onto any public sidewalk or right-of-way;
3.
Must be constructed of durable materials, kept in good repair and not permitted to become dilapidated; and
4.
Must be removed when the circumstances leading to its erection no longer applies.
A. 
Illuminated signs.
(1) 
An electronic message board may contain a changeable message, as defined herein, that utilizes changeable text, images, pictures, and/or symbols that may appear as an on/off message. The area of the electronic component shall be included in calculating the total permitted sign area. The area of the electronic component(s) may not exceed 30% of the allowable sign area.
(a) 
If approved by the Zoning Board/Zoning Officer, the electronic component(s) may cover 100% of the allowable sign area, but the maximum sign area cannot exceed 12 square feet.
(2) 
No lighted sign or message board shall have a luminance of greater than 300 footcandles.
(3) 
Each message on an electronic message board shall be displayed for at least 30 seconds, and a change of message shall be accomplished within two seconds with an on/off cycle. Fade out/fade in from one static image to another static image is permitted.
(4) 
The electronic message board shall not contain obscene or profane images or language. The electronic message board shall display messages directly related to the on-site use. No off-site advertising is permitted on the electronic message board.
(5) 
The electronic message board component of a sign shall be automatically dimmed after dark. The electronic message board must contain a default mechanism that freezes the sign in one position if a malfunction occurs; and automatically adjusts the intensity of its display according to natural ambient light conditions.
(6) 
The owner of an electronic message board shall provide the Borough with contact information for a person who is available to promptly turn off the electronic message board after a malfunction.
(7) 
Any structures, visible devices, cages or shielding related to or attached to an electronic message board are prohibited, unless reviewed and approved by the Zoning Board/Zoning Officer prior to installation.
(8) 
After approval of a minor conditional use permit for an electronic message board, the permit may be reviewed and additional conditions and limitations may be imposed by the Zoning Board/Zoning Officer, including, without limitation, lighting, illumination, hours of operation or intensity of the electronic message board, if complaints, subject to verification by staff, are received from the public.
(9) 
No permanent, temporary or illuminated signs, as defined in this chapter or Derry Code, are permitted in residential zones unless the property is used as an educational institution, church or business.
[Amended 6-13-2011 by Ord. No. 740; 2-13-2017 by Ord. No. 773; 6-12-2017 by Ord. No. 777]
Permanent and Temporary Signs
Maximum sign area for all signs combined
12 square feet
Bus shelters, forestry activities, essential services and public utility buildings, and parking facilities not located on the same lot as the principal use it serves
18 square feet
Adult sexually oriented business, agricultural operations, and alternative towers and wireless telecommunications facilities
24 square feet
Automotive services, medical laboratories and diagnostic facilities and storage of raw materials, equipment, and finished products
Square feet shall not exceed the number of lineal feet of building frontage (see § 425-78)
Automotive assembly, freight trucking and intermodal terminals, rail yards etc., printing and publishing, research and development labs, value-added manufacturing, wholesale sales and services and woodworking
Number of signs
Depends on how the square footage maximum is divided up
Location on lot
No sign shall be closer than 10 feet to a property line if no sidewalk exists and no closer than 5 feet from the inside edge of an existing sidewalk.
Freestanding signs
No sign shall exceed beyond 10 feet of the height of the associated building and shall not exceed 18 feet in height above grade when freestanding or 30 feet if attached to the structure. No individual freestanding sign shall exceed 60 square feet.
Projecting or extending from a building
No further than a four-foot extension and may not exceed 30 square feet in area. No sign may extend past the center line of a public sidewalk. The bottommost part of any projecting sign must be a minimum of 9 feet from the ground/sidewalk level.
Illuminated signs
Permitted, subject to conditions (as set forth below under this section) approved by the Zoning Hearing Board/Zoning Officer
Reflective signs
Permitted
Traffic: directional-type signs
Common signs guiding or directing traffic and/or parking, but bearing no advertising matter, may be permitted, as determined by the Zoning Officer that they do not interfere with official Derry Borough signs of a similar nature.
Signs with moving devices or intermittent or flashing lights
Not permitted. Illuminated signs that contain flashing lights are permitted, subject to the approval of the Zoning Hearing Board/Zoning Officer.
Signs with changeable copy (including zip-change signs)
Permitted. Signs may have changeable copy, such as letters, numbers, typographical symbols and other similar characters. Changeable copy shall be manually or mechanically changeable only in designated field(s). The color of the changeable copy shall be limited to black or red.
Note: Sign area includes support material from the bottom of the sign to beyond the top of the sign and both sides. In addition to the other requirements of this section, every sign referred to herein:
1.
Must not be located within a public right-of-way and (for temporary display of business "sale" or "specials" signs, may not more than 1 foot away from the wall of the building or impede with foot traffic);
2.
Must not extend over onto any public sidewalk or right-of-way;
3.
Must be constructed of durable materials, kept in good repair and not permitted to become dilapidated; and
4.
Must be removed when the circumstances leading to its erection no longer applies.
A. 
Illuminated signs.
(1) 
An electronic message board may contain a changeable message, as defined herein, that utilizes changeable text, images, pictures, and/or symbols that may appear as an on/off message. The area of the electronic component shall be included in calculating the total permitted sign area. The area of the electronic component(s) may not exceed 30% of the allowable sign area.
(a) 
If approved by the Zoning Board/Zoning Officer, the electronic component(s) may cover 100% of the allowable sign area, but the maximum sign area cannot exceed 12 square feet.
(2) 
No lighted sign or message board shall have a luminance of greater than 300 footcandles.
(3) 
Each message on an electronic message board shall be displayed for at least 30 seconds, and a change of message shall be accomplished within two seconds with an on/off cycle. Fade out/fade in from one static image to another static image is permitted.
(4) 
The electronic message board shall not contain obscene or profane images or language. The electronic message board shall display messages directly related to the on-site use. No off-site advertising is permitted on the electronic message board.
(5) 
The electronic message board component of a sign shall be automatically dimmed after dark. The electronic message board must contain a default mechanism that freezes the sign in one position if a malfunction occurs; and automatically adjusts the intensity of its display according to natural ambient light conditions.
(6) 
The owner of an electronic message board shall provide the Borough with contact information for a person who is available to promptly turn off the electronic message board after a malfunction.
(7) 
Any structures, visible devices, cages or shielding related to or attached to an electronic message board are prohibited, unless reviewed and approved by the Zoning Board/Zoning Officer prior to installation.
(8) 
After approval of a minor conditional use permit for an electronic message board, the permit may be reviewed and additional conditions and limitations may be imposed by the Zoning Board/Zoning Officer, including, without limitation, lighting, illumination, hours of operation or intensity of the electronic message board, if complaints, subject to verification by staff, are received from the public.
(9) 
No permanent, temporary or illuminated signs, as defined in this chapter or Derry Code, are permitted in residential zones unless the property is used as an educational institution, church or business.
[Amended 2-13-2017 by Ord. No. 773; 6-12-2017 by Ord. No. 777]
Permanent and Temporary Signs
Maximum sign area for all signs combined
6 square feet
Residential uses and no-impact home-based businesses
12 square feet
Parks, playgrounds and open spaces
18 square feet
Forestry operations
Number of signs
Depends on how the square footage maximum is divided up
Location on lot
No sign shall be closer than 4 feet to a property line if no sidewalk exists and no closer than 3 feet from the inside edge of an existing sidewalk.
Freestanding signs
The bottommost part of any sign shall not exceed the height of 2 feet above ground grade.
Projecting or extending from a building
No further than a two-foot extension out and must be at least 9 feet above ground/sidewalk level
Illuminated signs
Permitted, subject to conditions (as set forth below under this section) approved by the Zoning Hearing Board/Zoning Officer
Reflective signs
Permitted
Traffic: directional-type signs
Common signs guiding or directing traffic and/or parking, but bearing no advertising matter, may be permitted, as determined by the Zoning Officer that they do not interfere with official Derry Borough signs of a similar nature.
Signs with moving devices or intermittent or flashing lights
Not permitted. Illuminated signs that contain flashing lights are permitted, subject to the approval of the Zoning Hearing Board/Zoning Officer.
Signs with changeable copy (including zip-change signs)
Permitted. Signs may have changeable copy, such as letters, numbers, typographical symbols and other similar characters. Changeable copy shall be manually or mechanically changeable only in designated field(s). The color of the changeable copy shall be limited to black or red.
Note: Sign area includes support material from the bottom of the sign to beyond the top of the sign. In addition to the other requirements of this section, every sign referred to herein:
1.
Must not be located within a public right-of-way, nor in the clear-sight-triangle of a corner lot;
2.
Must not extend over or onto the public sidewalk or right-of-way;
3.
Must be constructed of durable materials, kept in good repair and not permitted to become dilapidated; and
4.
Must be removed when the circumstances leading to its erection no longer applies.
A. 
Illuminated signs.
(1) 
An electronic message board may contain a changeable message, as defined herein, that utilizes changeable text, images, pictures, and/or symbols that may appear as an on/off message. The area of the electronic component shall be included in calculating the total permitted sign area. The area of the electronic component(s) may not exceed 30% of the allowable sign area.
(a) 
If approved by the Zoning Board/Zoning Officer, the electronic component(s) may cover 100% of the allowable sign area, but the maximum sign area cannot exceed 12 square feet.
(2) 
No lighted sign or message board shall have a luminance of greater than 300 footcandles.
(3) 
Each message on an electronic message board shall be displayed for at least 30 seconds, and a change of message shall be accomplished within two seconds with an on/off cycle. Fade out/fade in from one static image to another static image is permitted.
(4) 
The electronic message board shall not contain obscene or profane images or language. The electronic message board shall display messages directly related to the on-site use. No off-site advertising is permitted on the electronic message board.
(5) 
The electronic message board component of a sign shall be automatically dimmed after dark. The electronic message board must contain a default mechanism that freezes the sign in one position if a malfunction occurs; and automatically adjusts the intensity of its display according to natural ambient light conditions.
(6) 
The owner of an electronic message board shall provide the Borough with contact information for a person who is available to promptly turn off the electronic message board after a malfunction.
(7) 
Any structures, visible devices, cages or shielding related to or attached to an electronic message board are prohibited, unless reviewed and approved by the Zoning Board/Zoning Officer prior to installation.
(8) 
After approval of a minor conditional use permit for an electronic message board, the permit may be reviewed and additional conditions and limitations may be imposed by the Zoning Board/Zoning Officer, including, without limitation, lighting, illumination, hours of operation or intensity of the electronic message board, if complaints, subject to verification by staff, are received from the public.
(9) 
No permanent, temporary or illuminated signs, as defined in this chapter or Derry Code, are permitted in residential zones unless the property is used as an educational institution, church or business.