[Amended 6-10-2003 by Ord. No. 293]
Any sign hereafter erected or maintained shall conform with the provisions of this article and any other ordinance or regulations of the Borough not inconsistent herewith. Any sign lawfully existing at the time of the passage of this chapter that does not conform in use, location, height or size with the regulations of the district in which such sign is located shall be considered a nonconforming use and may continue in such use in its present location and may be repaired or replaced, provided that the repaired or replacement sign has the same physical dimensions, is made of similar materials, is lighted (if at all) in the same fashion, and is located in the same place as the predecessor sign. Any modification to a sign considered to be a lawful nonconforming use which is to be replaced with a sign made of a type of material different from the original, of different dimensions, or at a different location (however slight), is not permitted. The provisions of §
450-44 below pertain equally to signs in all districts. The provisions of §§
450-45 and
450-46 pertaining to sign regulations in each of the separate zoning districts and for all uses, include all of the requirements and limitations of §
450-44.
[Amended 6-10-2003 by Ord. No. 293]
A. Definition of a sign. As used in this article, the
following terms shall have the meanings indicated:
SIGN
Any structure, device, light or natural object including
the ground itself, or any part thereof, or any device attached thereto,
or painted or represented thereon, which shall be used to identify,
advertise, or attract attention to any object, product, place, activity,
person, institution, organization, firm, group, commodity, profession,
enterprise, industry or business, or which shall display or include
any letter, word, model, number, banner, flag, pennant, insignia,
device or representation used as an announcement, direction, or advertisement,
and which can be seen from off the premises or from a parking lot.
The word "sign" shall include signs which are affixed to the inside
of windows and glass doors and can be seen from a street or public
thoroughfare. No other indoor sign shall be deemed a sign within these
regulations.
B. Area of signs.
(1) The area of a sign shall be construed to include all
lettering, wording and accompanying designs and symbols, together
with the background, whether open or enclosed, on which they are displayed,
but not including any supporting framework and bracing incidental
to the display itself.
(2) Where the sign consists of individual letters or symbols
attached to a building, wall or window, the area shall be considered
to be that of the smallest rectangle or other regular geometric shape
which encompasses all of the letters and symbols.
(3) In computing square foot area of a double-faced sign,
only one side shall be considered, provided both faces are identical.
If the interior angle formed by the two faces of the double-faced
sign is greater than 45°, then both sides of such sign shall be
considered in calculating the sign area.
C. Illumination of signs.
(1) Directly illuminated sign. A sign designed to give
forth artificial light through transparent or translucent materials
from a source of light within the sign.
(2) Indirectly illuminated sign. Illumination of a sign
with an external light source. These signs must be shielded so that
no direct rays are visible elsewhere except on the lot where the lights
are located.
(3) Nonilluminated sign. A sign which is not illuminated
in any fashion.
D. Location of signs.
(1) No sign shall be placed in such a position or illuminated
as to endanger traffic on a street by obscuring view or through blocking
sight lines for streets or driveways or by interfering with official
street signs or signals by virtue of position, color, illumination,
or reflective surface.
(2) A sign located along the right-of-way of a Borough,
state or federal road shall comply with all requirements of the state
or federal government relating thereto, in addition to all requirements
of this chapter.
(3) Posting of signs. No person shall paint, paste, brand,
stamp, staple or in any manner whatsoever place on or attach to any
tree, telegraph, electric light or other pole on any street in the
Borough any written, printed, painted advertisement, bill, notice,
sign, card, paper or poster.
E. Maintenance of permanent signs. All signs must be
constructed of durable materials and must be kept in good condition
and repair at all times. If any sign is allowed to become dilapidated,
then the owner of the property upon which the sign is located shall
be notified by the Zoning Officer to restore said sign to good and
proper condition within 30 days. The Zoning Officer shall make the
determination as to whether the sign has become dilapidated, and also,
whether said sign has been restored to good and proper condition.
Should a landowner object to the Zoning Officer's determination, then
said landowner shall appeal the Zoning Officer's decision to the New
Britain Borough Zoning Hearing Board within 30 days after receiving
notice from the Zoning Officer. Failure of a landowner to either rectify
the condition of the sign within 30 days, or to appeal the decision
of the Zoning Officer to the Zoning Hearing Board within 30 days,
shall constitute a violation of this chapter and the sign permit shall
be revoked and all applicable penalties for violation of this chapter
shall be imposed.
F. Types of construction.
(1) Freestanding signs. A self-supporting sign resting
on the ground or supported by means of poles or standards in the ground.
The height of freestanding signs shall be measured from the existing
street grade.
(2) Parallel or wall signs. A sign mounted parallel to
a wall or other vertical building surface. Parallel signs shall not
extend beyond the edge of any wall or other surface to which they
are mounted and shall not project more than eight inches from its
surface.
(3) Projecting signs. Any sign mounted to a wall or other
vertical building surface other than a parallel sign. Projecting signs
shall not project more than four feet from the wall or surface to
which they are mounted nor in any way interfere with normal pedestrian
or vehicular traffic. The lowest edge of a projecting sign shall not
be less than 7 1/2 feet above the sidewalk or ground level elevation.
(4) Vehicular signs. Any vehicle to which a sign is affixed
in such a manner that the carrying of such sign or signs is no longer
incidental to the vehicle's primary purpose, but becomes a primary
purpose in itself, shall be considered a freestanding sign and, as
such be subject to the provisions regarding freestanding signs in
the district in which such vehicle is located.
(5) Flags or balloons. An official federal, state or local
government flag shall not be considered a sign. A single flag no larger
than four feet by five feet and bearing only the word "OPEN" is permitted
for a single enterprise in addition to other permitted signs. Any
other flag or balloon containing lettering, advertising, business
or service names, logos, and/or designed to attract attention to a
business or other nonresidential activity shall be considered to be
a freestanding sign and the area of the flag or balloon shall be subject
to the sign regulations for the district in which it is located.
(6) Pennant. Any flag or streamer having a length of more
than three times its width.
(7) Banner. Any sign composed of any spun or woven cloth
or fabric or vinyl or other similarly nonrigid material, which is
attached or framed securely from each corner or on all ends, edges
or along its circumference, and is anchored firmly on, from or to
some supporting structure and/or the ground.
[Amended 5-8-2007 by Ord. No. 314]
G. Types of permanent signs.
(1) Residential identification sign. A sign indicating
the name and/or address of the occupant of a dwelling.
(2) Institutional identification sign. Sign for a school,
church, hospital, or institution. Included are bulletin and announcement
boards.
(3) Official and public service sign. A sign erected or
installed by a governmental unit, giving notice of a permitted or
prohibited activity under a statute, ordinance or resolution duly
enacted pursuant to law; a sign indicating the availability of rest
rooms, telephones, or similar facilities of public convenience; a
sign erected or installed by an officially recognized organization
which notes the historical significance of a building or area (for
example, signs erected by the Bucks County Historical Society).
(4) Trespassing sign. A sign indicating the private nature
of a road, driveway or premises; a sign prohibiting or otherwise controlling
fishing or hunting or entering upon a particular premises. All trespassing
signs shall be limited to no more than two square feet.
(5) Informational signs (not advertising signs) which
may indicate the hours of business of the establishment and credit
cards which are accepted. Such signs shall be nonilluminated and shall
not exceed two square feet in area.
(6) On-premises advertising sign. A sign which advertises
or directs attention to a commodity, business, service, industry,
development, or other activity which is sold, offered or conducted,
other than incidentally, on the lot on which such sign is located
or to which it is affixed, or a temporary or permanent sign which
is located on the outside or inside of a window of the building in
which the activity is conducted.
(7) Off-premises advertising sign. A sign which advertises
or otherwise directs attention to a commodity, business, service,
industry, development, or other activity which is sold, offered or
conducted off the lot on which such sign is located.
(8) Incidental directional sign. An informational sign
that has a purpose secondary to the use of the lot on which it is
located, such as "no parking," "entrance," "exit," "loading only."
No sign with a commercial message legible from a position off the
lot on which the sign is located shall be considered incidental. Maximum
size is two square feet.
H. Types of temporary signs.
(1) Contractor, architect, or artisan signs. An on-premises
sign advertising the performance of work by a contractor, architect,
or artisan. No more than one sign for each such contractor, architect,
or artisan shall be placed on any one property on which such person
is performing work unless such property fronts upon more than one
street, in which event, each such person may erect one such sign on
each street frontage. Such signs shall be removed immediately upon
completion of the work.
(2) Political campaign sign. A sign advertising a political party or a candidate for election may be displayed, provided that the size of any such sign is not in excess of four square feet and provided that they are displayed by the owner or lessee of the lot or by the candidate or political party or other authorized agent of them with the permission of the lot owner or lessee. All such signs shall be erected or displayed no more than 30 days prior to an election and must be removed within 20 days after the date of the election to which such signs relate. If such signs are not removed at the end of 20 days following the election, the Borough shall have them removed and may recover the cost of removal from the individual who placed the signs. No sign shall be placed within or on any sidewalk, or parking lot, nor shall the placement of any sign limit sight distances along any roadway or driveway. Any sign located in violation of this section or which interferes with Borough operations will be removed and the person, persons or entity responsible for such sign will be subject to the penalties prescribed in §
450-76 of Article
XI hereafter.
(3) Real estate sign, on-premises. A sign used to advertise
the sale or rental of the premises upon which said sign has been erected;
a sign erected in conjunction with the development or proposed development
of the premises by a builder, contractor, developer, or other person
interested in such sale or development. Such signs shall be removed
within 30 days after an agreement of sale or rental has been entered
into or within 10 days of the sale or rental of the last dwelling
unit in the case of a development.
(4) Real estate, off-premises. A sign erected in conjunction
with a development or proposed development in New Britain Borough
by a builder, contractor, developer, or other person interested in
such development. Such signs shall be removed within 10 days of the
sale or rental of the last dwelling unit in the development or proposed
development. In any event, no sign shall be permitted on the property
for more than 90 days unless a new permit is secured. The erector
of such signs, or an authorized agent therefor, shall apply for and
obtain a permit from the Borough Zoning Officer and deposit with the
Borough at the time of his application, the sum of $25 for each sign,
as a guarantee that all such signs will be removed promptly within
10 days of the sale or rental of the last dwelling unit in the development
or proposed development, or in any event, within 90 days from issuance
of last permit secured. If such signs are not removed at the end of
the applicable period, the Borough shall have them removed and keep
the full sum deposited to reimburse the expense incurred by the Borough.
The deposit shall be returned upon the satisfactory removal of such
signs within the required period.
(5) Special community event sign. A temporary sign directing
persons to a temporary exhibit, show, event, or sale. These signs
shall not exceed four square feet in area and shall not be posted
for more than 15 days.
(6) Special commercial promotional sign. A temporary sign
intended to advertise or announce a product, event or business development.
These signs are strictly prohibited except as follows:
[Amended 5-8-2007 by Ord. No. 314]
(a)
Application, fee and permit are required. The
required fee shall be established by Borough Council in its schedule
of fees as promulgated from time to time.
(b)
Permits for these signs shall only issue in
regard to the principal use on a lot.
(c)
Permits for such signs shall expire within 45
days of issuance, whereupon all such signs shall be removed immediately.
(d)
An applicant may apply for and receive up to
two special commercial promotional sign permits during any calendar
year. "Applicant" shall be deemed to encompass all of, the individual,
if any and the entity if any and the principal use on a lot for which
the special promotional sign is displayed.
(e)
Notwithstanding the provisions of Subsection
H(6)(d) above, only one such permit shall be issued and only one such sign shall be displayed for the principal use on a lot at one time.
(f)
Such signs shall be in the form of a banner
only, shall not exceed 15 square feet in size and shall be secured
firmly from each corner or at all ends, or if there are no ends, then
along all edges or along the circumference. Furthermore, such signs
shall be anchored securely to prevent any hazard from loose lines
or ropes or wires.
(g)
Flags or pennants do not constitute special commercial promotional signs and are not permitted in this section. Any sign not otherwise permitted in Article
VII that is intended to advertise or announce a product, event or business development that does not conform strictly to the requirements of this section is a prohibited sign. Furthermore, nothing contained in this section shall be construed to authorize the placement of a special commercial promotional sign in a district or on a lot where such a sign is not otherwise specifically permitted.
I. Prohibited signs and sign elements.
(1) Flashing sign. An illuminated sign on or in which
the artificial light is not maintained stationary or constant in intensity
and color at all times when in use is prohibited.
(2) Roof signs. A sign erected on or above the roof or
parapet of a building is prohibited.
(3) No sign shall be erected containing information which
states or implies that a property may be used for any propose not
permitted under the provisions of this chapter in the zoning district
in which the property to which the sign relates is located.
(4) Any sign which flashes, rotates, revolves or oscillates,
with the exception of barber poles, is prohibited.
(5) Any novelty sign, including but not limited to an
object (e.g. tire, automobile, food product, etc.), is prohibited.
(6) Any sign placed or maintained in such a manner as
to interfere with any electric light, power, telephone or telegraph
wires or the supports thereof is prohibited.
(7) Any sign which imitates any official traffic sign,
signal or device is prohibited.
(8) Any pennant, banner or spinner (display which spins
in the wind) is prohibited.
(9) Moveable or portable sign. A sign which is not fixed
to the ground by means of a permanent supporting structure or to a
building and is displayed on either a temporary or long-term basis
is prohibited.
(10)
Signs above the first floor of a building are
prohibited.
J. Number of signs. Not more than one sign shall be permitted
on any residential property held in single or separate ownership,
or not more than one sign shall be permitted for any one nonresidential
use or establishment except as specifically permitted by this article.
If any principal use has walls fronting on two or more streets, one
sign may be permitted on each frontage. The area for each sign for
each street frontage shall be computed separately.
K. Signs exempt from permit requirements. All signs must
comply with all of the regulations contained herein, regardless of
whether a permit is required. Any off-premises sign and any sign for
a nonresidential use or establishment, regardless of size, shall require
the issuance of a permit before erection, rebuilding, or replacement.
(1) Holiday decorations. Holiday decorations displayed
for recognized federal or state holidays shall be exempted from the
provisions of this chapter except as they may interfere with glare,
traffic safety or in any other way become a public safety hazard.
(2) Official and public services sign, as defined in this
article.
(3) Trespassing sign. A sign shall not exceed two square
feet as defined in this article.
(4) Residential identification sign. A sign, not exceeding
two square feet, bearing only the property number, street address,
and/or names of the occupants of the residence, or the name of the
dwelling. The sign shall be nonilluminated or indirectly illuminated.
Signs on a residence for an accessory home office require a permit.
(7) Contractor, architect or artisan signs.
(8) Historic plaque placed by the Bucks County Conservancy,
the Commonwealth of Pennsylvania, or the National Register of Historic
Places.
(9) On-premises real estate sign.
[Amended 6-10-2003 by Ord. No. 293]
A. The following sign regulations apply to Residential, Mobile Home Park, College/University, Education/Institutional, Park and Open Space, and Village Historic Districts and include all the requirements and limitations of §
450-44.
B. Except where otherwise indicated, on-premises signs
shall be parallel or freestanding. Freestanding signs shall not exceed
a height of four feet above grade level. Only the following on-premises
signs shall be permitted:
(1) One residential identification sign not exceeding
two square feet;
(2) One nonilluminated or indirectly illuminated sign
for an accessory office indicating only the names of persons and their
occupations; the area of any such sign shall not exceed four square
feet;
(3) One nonilluminated or indirectly illuminated bulletin
board or announcement board or identification sign for a permitted
education/institutional, college, university or government office
use or building, provided the area of any such sign shall not exceed
12 square feet;
(4) One nonilluminated or indirectly illuminated sign
in connection with a lawfully maintained nonconforming use, provided
the area of any such sign shall not exceed 12 square feet;
(5) One nonilluminated on-site real estate sign not exceeding
eight square feet advertising the sale or rental of the lot on which
the sign has been erected, or one sign indicating that the property
has been sold or rented;
(6) Trespassing sign limited to two square feet;
(7) Temporary contractors, architects or artisan sign
not exceeding eight square feet and for a period of time which does
not exceed the time during which the contractor is performing the
work on the property on which the sign appears.
C. Off-premises signs are not permitted in residential
districts except as follows:
(1) Official signs. Such signs may be illuminated only
as necessary or customary for traffic control or safety;
(2) Political campaign signs. Temporary, nonilluminated signs advertising political parties or candidates for election may be erected or displayed and maintained consistent with the requirements and limitations of §
450-44H(2).
(3) Nonilluminated signs used for directing patrons or
members of an audience to service clubs, churches, or other nonprofit
organizations, provided signs shall indicate only the name of the
facility and the direction to the facility and shall not exceed four
square feet in area;
It shall be the duty of the Zoning Officer annually
to conduct inspection and surveys to determine compliance or noncompliance
with the terms of this chapter.
The following regulations shall apply to signs
existing at the time of passage of this chapter which do not conform
in use, location, height or size with the regulations of the district
in which the sign is located.
A. Any sign existing at the time of the passage of this
chapter that does not conform in use, location, height or size with
the regulations of the district in which the sign is located shall
be considered a nonconforming use and may continue in such use in
its present location. Any new or replacement sign may be erected,
upon issuance of a zoning permit, only in accordance with this chapter.
B. A sign on a building or structure which does not conform
to this chapter shall be removed when the building or structure is
demolished or when the building or structure renovation or expansion
amounts to more than 50% of the market value of the building or structure
as assessed by the Board of Assessment or when the use to which it
refers has been abandoned for one year or more.