[Amended 2-7-1985 by Ord. No. 85-01; 12-21-2000 by Ord. No. 00-04; 7-7-2005 by Ord. No. 05-04; 8-20-2009 by Ord. No. 2009-07; 1-16-2020 by Ord. No. 2020-01]
The following regulations shall apply to all districts:
A.
No sign shall be erected within the lines of a street right-of-way;
except traffic signs, regulatory notices, informational signs, message
boards or digital displays of a duly constituted governmental body.
B.
No sign having a distracting effect on motorists on adjacent highways
shall be permitted, including those which flash, move, oscillate,
or rotate.
C.
No sign shall be erected which emits smoke, visible vapors or particles,
sound or odor.
D.
No sign shall be erected or operated in a manner which may be mistaken
for a traffic signal.
E.
No sign shall be erected containing information that implies that
a property may be used for any purpose not permitted under the provisions
of this chapter.
F.
No roof sign shall project above the main peak or cornice line of
a building to which a sign is affixed.
(1)
Floodlighting of any sign shall be arranged so that the source
of light is not visible nor glare is detected from any property line
or vehicular access and that only the sign is illuminated.
G.
A freestanding sign and projecting sign shall not be utilized together
to identify the same establishment on the same street frontage unless
for multiple uses on a single lot where the freestanding sign collectively
denotes a number of uses.
H.
No sign, including political signs and temporary removable yard or
garage sale signs, and hunting and trespassing signs, shall be placed
on any tree, utility pole or upon rocks or natural features.
I.
Backlighting of signs shall not project luminance or glare levels exceeding the criteria of § 167-66 of the West Brandywine Township Code.
J.
Sign lighting where permitted shall be extinguished at 11:00 p.m.,
or within 30 minutes of the close of business, whichever is later.
K.
No sign other than official traffic signage shall be permitted in
the right-of-way of any public street, unless specifically permitted
in this chapter.
Every permitted sign shall be constructed of durable materials
and kept in good condition, safe from hazards, nuisances and collapse.
When any sign becomes dilapidated, the owner shall receive notice
by the Township Zoning Officer to remedy the situation within 30 days.
Should the remedy not occur within this time frame, the Township shall
remove the dilapidated sign at the expense of the owner or lessee
of the property on which it is located.
A.
No permit shall be required before erecting any of the following signs, provided they conform to all the provisions established under § 200-121:
(1)
Information or public service signs, including those for public
telephones, public conveniences, and signs advertising meeting times
and places for nonprofit service or charitable organizations, not
exceeding three square feet in area.
(2)
Official traffic signs.
(3)
On-premises regulatory or informational signs required by federal
or state law or regulation governing a permitted use.
(4)
Hunting and trespassing signs not exceeding two square feet
in area.
(5)
Signs indicating the private nature of a drive.
(6)
Temporary real estate sales or rent signs not exceeding nine
square feet in area, provided they are removed within 14 days of the
signing of an agreement.
(7)
Memorial or historic markers not exceeding nine square feet
in area.
(8)
Temporary yard or garage sale placed on the property on which
the sale is occurring, provided that the sign does not exceed four
square feet in area and is removed within 48 hours of the completion
of the sale.
(9)
Temporary contractor signs for work being performed not exceeding
nine square feet in area, provided they are removed within 14 days
of the work completion date.
(10)
Informational signs, message boards or digital displays erected
by the Township.
(11)
Political and personal viewpoint signs not exceeding nine square
feet in area.
B.
Subject to approval of the landowner, the Township Board of Supervisors
may authorize the placement and construction of township informational
signs, welcome signs, directional signs or historical markers, notwithstanding
any regulation or limitation otherwise contained in this chapter.
The following regulations shall apply to all districts:
A.
Temporary signs shall be displayed for less than 60 days.
B.
Temporary signs shall comply with the following:
C.
Temporary signs shall not exceed 32 square feet in area.
D.
Any freestanding temporary sign shall be located at least 10 feet
from any lot line, and shall not impede any traffic sight distances.
E.
Temporary signs do not require permanent foundations, but shall be
installed such that they do not fall down over the property boundary
or within a right-of-way area.
F.
Temporary political and personal viewpoint signs not otherwise exempt
may be displayed, erected subject to receipt of a temporary sign permit.
A.
Distances. All distances provided for in this article shall be measured
from the nearest edge of the sign or sign structure. Distances shall
apply in all cases, including locating new signs, in relationship
to currently existing nonconforming signs.
B.
Window signs. Unless further restricted by district regulations,
window signs shall not exceed 25% of the glass area of the window
in which placed.
C.
Projecting signs. Projecting signs mounted to a wall or other vertical
building surface by a post shall project no more than two feet. No
part shall be less than eight feet nor more than 12 feet above the
ground or walkway level.
D.
Freestanding sign. The height of freestanding signs shall be measured
from the ground level to the topmost portion of the structure.
In any residential district only the following signs shall be
permitted. No sign shall be illuminated directly or indirectly, except
permitted business, industrial or commercial uses which may illuminate
sign(s) during hours of operation. Only one sign shall be permitted
on a parcel for each permitted use, unless a parcel fronts two streets,
in which case the parcel may have one sign located along the frontage
of each street.
A.
Name and address signs for farms and farmstands shall not exceed
32 square feet in area.
B.
Signs denoting the name of a subdivision or development not exceeding
32 square feet in area.
C.
Public utility identification signs relating to the identification,
operation or protection of any public utility, not exceeding four
square feet in area, or sized in accordance with the regulatory requirements
of the public utility.
D.
Signs associated with permitted special exception uses not exceeding
20 square feet in area, unless a larger sign(s) is approved by the
Zoning Hearing Board as part of the special exception decision.
In the Rural Mixed Use District the following signs and no other
shall be permitted:
B.
Window signs.
C.
Directional signs and monument signs not exceeding six square feet
in area.
D.
Directory signs relating to a group of stores or business establishments
on a single lot or an adjacent lot.
E.
On-premises business signs, accessory to a permitted use, provided
that the following conditions are met:
(1)
Wall-mounted signs shall not exceed four square feet in area
for each linear foot of building wall. Wall-mounted signs shall not
exceed 100 square feet in area. Their maximum height shall be 20 feet
above ground level.
(2)
Freestanding signs not exceeding 110 square feet in area, the
maximum height of freestanding signs shall be 25 feet.
(3)
Projecting signs shall not exceed 10 square feet in area.
In the Limited Industrial District the following signs and no
other signs shall be permitted.
In the Medical Service-Institutional (MSI) District, the following
signs and no other signs shall be permitted.
A.
Wall-mounted signs shall not exceed four square feet in area for
every linear foot of building wall. Wall-mounted signs shall not exceed
100 square feet in area. Their maximum height shall be 20 feet above
ground level.
B.
Freestanding signs not exceeding 100 square feet in area; the maximum
height of freestanding signs shall be 16 feet.
C.
Directional signs and monument signs within a single sign not exceeding
six square feet in area.
A.
Intent. The intent of this section is to provide appropriate regulations
for both billboards (containing off-site advertising) and electronic
message signs (containing only on-site messages), and to:
(1)
Support the First Amendment rights of advertisers to promote
legal products and services while retaining the sense of community
and protecting the character of the Township;
(2)
Ensure that billboards and electronic advertising is provided
for in the Township and located safely and appropriately where it
can be viewed by the traveling public with the least distraction and
degradation to the public safety;
(3)
Provide billboards and electronic advertising in a manner demonstrated
to be compatible with the historic, natural and rural character of
the Township in terms of size, location, visual prominence from areas
other than the adjacent highway, and materials and finishes used in
construction;
(4)
To prevent billboards and electronic advertising from having
a negative impact on neighborhoods (particularly residentially zoned
or used properties) in terms of visual blight, light pollution, or
decreased property value;
(5)
To prevent billboards and electronic advertising from having
a negative impact on designated historic sites or structures in terms
of visual blight, light pollution, or decreased property value;
(6)
To advance the mission of the International Dark-Sky Association
and maintain the Township's nighttime environment by reducing light
pollution through lighting practices that provide:
(a)
Energy savings resulting in economic and environmental benefits;
(b)
Superb nighttime ambience and quality of life;
(c)
Conservation of nocturnal wildlife and ecosystems;
(d)
Safeguarding of scientific and educational opportunities such
as astronomy;
(e)
Preservation of cultural heritage and inspiration for the arts;
(f)
Increased visibility, safety, and security at night by reducing
glare; and
(g)
Protection of human health.
B.
Criteria for billboards. Billboards shall only be permitted by special exception only, subject to the applicant establishing compliance with the following criteria, together with all applicable criteria in Zoning Ordinance § 200-146:
(1)
Billboards may only be erected and maintained in the LI Limited
Industrial and MSI Medical Service Institutional Zoning Districts,
limited to those properties with frontage on state roadways.
(2)
Size. The display face of a billboard shall not exceed 50 square
feet in area, unless the applicant can establish before the Zoning
Hearing Board during the special exception hearing that the content
of the billboard could not be read from any point along the road frontage
and that the permitted size is not adequate for the conveyance of
any advertising messages to passing motorists. If the applicant is
able to establish the above, then the billboard shall not be permitted
to exceed 300 square feet in area, but in any event shall be no larger
than is necessary to be read and conveyed to passing motorists. If
present, nondisplay physical borders around the display image shall
not exceed six inches on a side.
(3)
Billboards shall not exceed 20 feet in height.
(4)
Billboard to billboard setback. Billboards shall be set back
a minimum of 1,000 feet from any other billboard.
(5)
Setbacks - road right-of-way. Billboards shall be set back from
the right-of-way a minimum of 40 feet. No part of a billboard shall
be set back more than 70 feet from the nearest street right-of-way.
(6)
Setback from street intersections. All billboards must be set
back at least 500 feet from all street intersections, measured from
the point of intersection of the center lines of the intersecting
streets or traffic merging lanes.
(7)
Setback from residential dwelling unit. Except as governed by
a greater setback required herein, all billboards must be set back
a minimum of 150 feet from the boundary of the R1, R2, R3 and R4 Zoning
Districts and 500 feet from the boundary of any property on which
a residential dwelling unit is situated. Moreover, the applicant must
establish that the billboard will be screened such that the face of
the billboard will not be visible from an existing residential dwelling
unit. With respect to such setback as applied from any existing residential
dwelling unit, the 150-foot setback may be reduced if the owner of
such dwelling unit agrees in writing to the placement of such sign
as memorialized by an easement filed with the Chester County Recorder
of Deeds.
(8)
Public health, safety and welfare. The applicant shall bear
the burden of establishing that the proposed billboard will not create
a public health, welfare or safety concern.
(9)
Billboard design. The billboard structure shall be designed
as an architecturally decorative feature or shall be screened with
vegetation. In no case shall the supporting structure be designed
to increase the apparent size of the billboard or to otherwise increase
its visual prominence.
(10)
Structural engineer. The applicant shall be required to submit
an attestation from a structural engineer, registered in Pennsylvania,
to certify that the proposed billboard is properly constructed pursuant
to all applicable codes, to certify the viability of the construction
of the foundation and erection of the structure for the proposed billboard.
The applicant shall further submit a report from an engineer to set
forth the wind tolerances of the proposed billboard.
(11)
Landscape plan. The applicant shall submit a plan prepared by
a landscape architect showing landscaping proposed to be installed
to screen and buffer the billboard. Existing vegetation on and around
the proposed billboard shall be preserved to the greatest extent possible.
All proposed landscaping shall comply with the requirements of the
Township's Zoning Ordinance and Subdivision and Land Development Ordinance.
Applicants shall submit a visual survey from mutually agreed upon
vantage points in order to support the proposed landscaping plan's
mitigation of visual impacts.
(12)
Electrical service. All billboards shall be serviced by underground
electrical wiring.
(13)
Access. Billboards shall be properly and adequately secured
to prevent unauthorized access, with such features as a locked ladder
way.
C.
Criteria for electronic signs. Electronic signs shall only be permitted by special exception only, subject to the applicant establishing compliance with the following criteria, together with all applicable criteria in Zoning Ordinance § 200-146:
(1)
Billboards may only be erected and maintained in the LI Limited
Industrial and MSI Medical Service Institutional Zoning Districts,
limited to those properties with frontage on state roadways. Electronic
signs shall not exceed 12 feet in height.
(2)
Electronic signs shall have dimming capability to allow adjustment
of the electronic sign brightness when required by the Township to
compensate for local ambient conditions.
(3)
Billboards shall be set back from the right-of-way a minimum
of 20 feet. No part of a billboard shall be set back more than 60
feet from the nearest street right-of-way.
(4)
Electronic signs shall not be located within 1,000 feet of an
intersection, interchange or traffic-merging lanes.
D.
General criteria for both electronic billboards and electronic signs.
(1)
Electronic signs and electronic billboards may not contain any
fading; flashing; modulating; scrolling; moving lights; text or graphics;
any full-motion video; or any visible change during the change interval
period.
(2)
Change interval. Electronic signs and electronic billboards
shall have a minimum of 12 seconds between message changes.
(3)
Transition interval. Electronic signs/billboards must provide
a maximum transition interval of one second.
(4)
Electronic sign/billboard lighting shall be automatically extinguished
so as to not operate before 7:00 a.m. or after 11:00 p.m., unless
the lighting is associated with an on-site sign for a commercial use
that is permitted to operate between the hours of 7:00 a.m. and 11:00
p.m., in which case the sign lighting shall be permitted during the
business hours of the commercial use. On/off lighting control shall
be by programmable controller with astronomic dial and semiannual
time change control, and spring or capacitor or battery memory storage
of clock settings during power outages.
(5)
Illumination and sign face brightness shall be automatically
controlled so that at no point on the electronic sign or billboard
shall the luminence exceed 100 cd/m2 nits
with a full white board face during hours of darkness. In addition:
(a)
The electronic sign or billboard nighttime light output shall
be capable of being further dimmed if the Township so requires, when
lighting is judged by the Board of Supervisors to create a nuisance
or hazard.
(b)
If requested by the Township, landowner shall be responsible
for verifying sign face luminance does not exceed level on approved
permit and this chapter, and Township shall be offered the opporutnity
to witness the taking of the reading.
(c)
If sign face brightness is determined by the Township to be
excessive, landowner shall be required to take appropriate corrective
action at no expense to the Township.
(d)
In sign face all-white mode, face correlated color temperature,
CCT, shall not be in excess of 3000K.
(e)
Where located in an area with existing high ambient light levels
but not visible from a residential use, Township, at the discretion
of the Board of Supervisors, may permit a sign-face brightness not
exceeding 150 cd/m2 (nits).
(6)
The electronic sign/billboard shall contain a default mechanism
that will freeze the sign display in one position if a malfunction
occurs, or shut down and show "full black" on the display.
(7)
Message sequencing shall be prohibited.
(8)
No electronic sign or electronic billboard shall shine or reflect
light into adjacent residences.
(9)
The electronic sign or billboard nighttime light output shall
be capable of being dimmed if the Township so requires, to the extent
that the illumination is deemed to constitute a nuisance or a hazard
to the public.
(10)
Electronic signs and electronic billboards must be oriented
so that they are perpendicular to the adjacent roadway.
(11)
Externally illuminated electronic signs and electronic billboards
shall be lighted by fixtures mounted at the top of the sign and aimed
downward. Such fixtures shall be automatically extinguished between
the hours of 11:00 p.m. and dawn, except as otherwise permitted in
this chapter.
(12)
Electronic signs and electronic billboards shall not resemble
or simulate any warning or danger signal or any official traffic control
device, sign, light, or emergency vehicle lights.
(13)
Electronic signs and electronic billboards shall contain a default
mechanism that freezes sign in one position or static message in event
of a malfunction.
(14)
Setbacks - road right-of-way: Electronic signs and electronic
billboards shall be set back from the right-of-way a minimum of 15
feet; or a distance equivalent to 1.1 times their height; whichever
is greater. No part of an electronic sign or electronic billboard
shall be set back more than 60 feet from the nearest street right-of-way.
(15)
Electronic signs and electronic billboards shall be subject
to all applicable rear and side yard building setbacks. No portion
of any sign shall project over a lot line, and in no case shall be
within a setback area from the rear or side yards equivalent to a
distance of 1.1 times the height of the sign.
(16)
A sign permit applicant must obtain all necessary outside agency
approvals prior to erection of an electronic sign or electronic billboard,
including, but not limited to approval from the Pennsylvania Department
of Transportation, as may be required. The applicant is required to
provide the Township with any such agency approvals prior to the issuance
of a permit for a sign. PennDOT and any outside agency approval shall
not constitute Township approval.
(17)
The owner and/or operator of any billboard, electronic sign
or electronic billboard shall provide (and maintain with) the Township
with their current address and contact information.
A.
Applications. Applications for sign permits shall be filed in duplicate
on forms furnished by the Township. Application shall be accompanied
by detailed plans and specifications and such other information deemed
necessary by the Zoning Officer to determine the location and details
of construction.
B.
Inspection. Signs shall be subject to an annual Township-wide inspection
by the Zoning Officer.
C.
Temporary sign permits. A temporary sign permit shall be validated
for any length of time up to 90 days from the date of issuance. Three
such permits may be issued for a single sign on a consecutive basis.
D.
Permit fees. No permit to erect a sign shall be issued until the
appropriate fee has been paid. The fee schedule for West Brandywine
Township shall be adopted by resolution of the Board of Supervisors.
The fee schedule shall be made available to the public upon request.
