[Ord. 670, 12/12/2007]
[Ord. 670, 12/12/2007]
The purposes of this Part are to regulate the type and dimensions
of signs in the various zoning districts of Darby Township, to recognize
the commercial communication requirements of all sectors of the business
community, to protect the public from damage or injury caused or attributable
to distractions and obstructions caused by improperly designed or
located signs, to safeguard property values and to assure that signs
are consistent and harmonious in relation to the buildings and areas
where they are placed.
[Ord. 670, 12/12/2007]
1.
Any sign hereafter erected shall conform to the provisions of this
Part and any other ordinance or regulations of the Township relating
thereto. Any sign not specifically authorized by the provisions of
this Part shall not be erected in the Township.
3.
No sign shall hereafter be erected or attached to, suspended from or supported on a building or structure, and no display sign shall hereafter be altered, rebuilt, enlarged, extended or relocated until a permit for the same has been obtained, except those listed specifically hereafter in § 27-1405.
4.
Applications for such permits shall be made in writing to the Township in accordance with § 27-1406 and shall present full particulars as to size, shape, material, supports, location and height above the sidewalk or ground, together with the written consent of the owner of the property on which the sign is to be located. All applications shall be accompanied by a plan drawn to scale, showing the sign, its size and its location with respect to the building and to the boundaries of the lot upon which it is situated.
5.
Nonconforming signs. Signs and their respective illumination existing
at the time of the passage of this chapter and which do not conform
to the requirements of this Part shall be considered nonconforming
signs and, once discontinued for 60 days, or damaged more than 50%
of their market value, or removed for any reason, shall be replaced
with conforming signs. Nonconforming signs may be painted, repaired
(including lighting) and altered in their wording, provided that such
modifications do not exceed the dimensions of the existing signs.
6.
Abandoned Signs. No person shall maintain or permit to be maintained
on any premises owned or controlled by him, a sign that has been abandoned.
An abandoned sign for the purpose of this Part is a sign erected on
and/or related to the use of a property which becomes vacant and unoccupied
for a period of 60 days or more; or any sign which was erected for
a prior occupant or business; or any sign which relates to a time,
event or purpose which is past. Any such abandoned sign shall be removed
by the landowner or person controlling the property within 10 days
of the abandonment as described above.
7.
The Building Inspector is hereby authorized and empowered to revoke
any permit issued by the Township, upon failure of the holder thereof
to comply with any provision of this Part.
8.
The provisions of this Part shall not apply where signage is erected
and maintained by the Township for Township purposes, provided that
all other required governmental permits are obtained by the Township
prior to such Township use.
[Ord. 670, 12/12/2007]
1.
The size of any sign shall be determined in accordance with the provisions
of this Part and the following:
A.
When a sign consists of letters, numbers and/or logos and not a lettered
board and such sign is erected on or attached to a building wall or
other similar surface, the size of such sign shall be measured by
the geometric shape formed by the extreme outside edge of the largest
letters, numbers or logos contained in the sign.
B.
When a sign consists of a lettered board and such sign is erected
on or attached to a building wall or other similar surface, the size
of such sign shall be determined by calculating the area of the lettered
board.
C.
When a sign is a freestanding sign or ground sign, the size of such
freestanding sign shall be determined by calculating the area of the
lettered board or the area of the combination of letters, numbers
and/or logos without a lettered board, as the case may be.
[Ord. 670, 12/12/2007]
1.
Prohibited Signs. It is unlawful to erect or maintain the following
signs:
A.
Flashing, blinking, twinkling, spinning, animated, inflatable, aerial,
crane signs or lighted moving signs including automatic color changing
and rotating lamps and other moving objects that call attention to
the sign.
B.
Advertising cloth or paper banner or signs of any similar character
suspended or hung on any property, except for temporary banners which
may be permitted through special permission of the Township to be
determined by the Board of Commissioners.
C.
Wall bulletins or any other signs painted directly on the facade
of a building or other structure.
D.
Curb or sidewalk signs or signs painted, attached or suspended from
any outdoor bench, chair or other structure.
E.
Swinging and hanging signs.
F.
Signs, letters, posters and advertisements which are tacked, pasted,
tied or otherwise affixed to poles, posts, buildings, fences or other
structures located on public property or within public right-of-way
in the Darby Township.
G.
No sign shall be temporarily or permanently placed, erected, attached
or painted on any vehicle if such sign identifies, advertises or gives
information with respect to a premises or a part thereof, or any sale
or special event of other circumstances. A sign is permitted on a
vehicle when:
(1)
Such sign is required by law;
(2)
Such sign is in transit from one location to another, for permanent
installation, for a time not to exceed three days;
(3)
The sign which is permanently painted or affixed to a vehicle
and is incidental to the use of a currently licensed vehicle when
that use is a means of transportation; or
(4)
The vehicle, capable of sheltering a use or occupancy, is used
as a construction shed or is located as prescribed for buildings in
the zoning provision regulating the premises and is used and occupied
for a purpose permitted by the zoning regulation. In such a case,
the sign shall otherwise comply with this Part.
H.
Signs placed, inscribed or supported upon the roofline or any structure
that extends above the roofline of any building.
I.
Signs indicating the location and direction of premises in the process
of development.
2.
Projecting Signs Prohibited. No new projecting signs shall be erected after the date of enactment of this chapter. Projecting signs in existence at the enactment of this chapter shall be considered nonconforming signs and shall be allowed to continue, however, such signs shall be removed after five years from enactment of this chapter, as noted in § 27-1409, Subsection 2C, of this Part.
3.
Unsafe and Unlawful Signs. If the Building Inspector shall find that
any sign or other advertising structure regulated herein is unsafe
or insecure or is a menace to the public or has been constructed or
erected or is being maintained in violation of the provisions of this
chapter, he shall give written notice thereof to the permittee. If
the permittee fails to remove or alter the structure so as to comply
with the standards set forth herein within 10 days after such notice,
such sign or other advertising structure may be removed or altered
to comply by the Building Inspector at the expense of the permittee
or owner of the property upon which it is located. The Building Inspector
shall refuse to issue a permit to any permittee or owner who refuses
to pay costs so assessed. The Building Inspector may cause any sign
or other advertising structure that is immediate peril to persons
or property to be removed summarily and without notice.
4.
Inspections. The Building Inspector shall cause a routine inspection
of all signs in the Township to be made at least once every two years
and at any other time when he deems such inspection necessary. He
shall report to the Board of Commissioners all unsafe signs, all signs
failing in any respect to conform to the requirements of this Part
and all signs not licensed by the Township.
5.
General Restrictions and Standards. The following restrictions shall
apply to all permitted signs:
A.
No sign shall be located, arranged or placed in a position where
it will cause danger to traffic or will interfere with traffic through
glare; blocking of required sight lines for streets, sidewalks or
driveways; confusion with a traffic control device by reason of color,
location, shape or other characteristics; or through any other means.
B.
All signs constructed or erected under the provisions of this Part
shall comply with the standards set forth in the latest applicable
BOCA Code.
C.
No sign shall be erected within the right-of-way lines of any public
street, nor shall any such sign be closer than five feet to the right-of-way
line of a public street, unless specifically authorized by other ordinances
and regulations of Darby Township or other governmental bodies or
agencies having jurisdiction or regulatory authority in the matter.
D.
No sign shall be designed or lighted in such a manner or placed in
such a position or location that it will cause danger to traffic on
a street by obstructing or hindering the view.
E.
No sign shall be designed or lighted in such a manner or placed in
such a position or location where it will present an unreasonable
risk of injury to persons or damage to property.
F.
All external illuminated signs shall be turned off not later than
1/2 hour after closing of the business or entity that they identify
or advertise.
G.
No illuminated sign shall be lighted on days when the business or
permitted use is not open for business.
H.
Every sign must be constructed of durable materials and shall be
solidly and firmly attached, supported and/or anchored to the supports
or framework.
I.
Every sign must be kept in good condition and repair. Any sign that
is allowed to become dilapidated shall be removed by and at the expense
of the landowner or lessee of the property on which it is located.
6.
Double-Faced Signs.
A.
A sign may be double-faced, provided that it has two parallel surfaces
that are directly opposite and matching in size and shape and are
not over 24 inches apart. Should the two surfaces deviate from being
parallel, the sign shall be considered as two signs.
B.
Should the faces of a double-faced sign be parallel, the sign shall
be considered as one sign and only one face shall be used to calculate
the total size of the sign.
C.
Each face of a double-faced sign shall be equal in size. Should the
faces of a double-faced sign differ in size, then the area of both
faces shall be used to calculate the size of the sign.
7.
Multi-Faced Signs. A freestanding sign may be multi-faced beyond
two faces, provided that:
8.
Freestanding Signs.
A.
The bottom or lowest edge of any freestanding sign shall be no closer
to the ground than seven feet. At least five feet of the upper portion
of the seven-foot space shall be open and unobstructed. No more than
two feet above the ground level can be devoted to and maintained for
flowers, ground covers and low spreading shrubs. If such plantings
are installed, they shall be maintained at the maximum height of two
feet and shall be free of weeds, debris and other undesirable material.
B.
All single-post freestanding signs shall be made of metal, except
for those used in residential districts which may be made of pressure
treated timbers. All such posts shall be embedded in the ground at
least three feet six inches unless otherwise so directed by the Zoning
Officer.
C.
Freestanding signs will be permitted in residential areas only when
set back a minimum distance of 10 feet from the street line.
D.
Freestanding signs shall be illuminated only by concealed or indirect
lighting attached to the sign itself.
9.
Ground Signs.
A.
The top edge of a ground sign shall be a maximum of five feet above
ground level and shall have an area of not more than 36 square feet.
B.
Ground signs shall be supported and permanently placed by embedding,
anchoring or connecting the sign in such a manner as to incorporate
it into the landscape or architectural design scheme.
C.
Illumination. See Subsection 8D above relating to freestanding signs.
10.
Each sign shall be removed within 10 days of the time when the circumstances
leading to its erection no longer apply, or as provided otherwise
herein.
11.
All sign provisions of this Part shall apply to smoke stacks, water
towers, silos and other similar structures.
[Ord. 670, 12/12/2007]
The following signs, exactly as described below, are exempt from the need to secure a permit and are allowed within all zoning districts of the Township but are subject to the provisions of §§ 27-1402 and 27-1403.
1.
Real Estate Signs. Signs advertising the sale or rental of the premises
or lot upon which they are erected, provided that:
A.
No more than one such sign shall be erected for any premises or lot
held in single and separate ownership, unless such premises fronts
on more than one street, in which case one such sign may be erected
on each street frontage.
B.
No such sign shall be illuminated.
C.
All such signs must be removed on or before the date of settlement.
D.
All real estate signs which do not exceed six square feet do not
require a permit.
E.
All real estate signs from six square feet to 20 square feet do require
a permit pursuant to this Part.
F.
No signs that direct traffic to real estate that is for sale or rent
can be placed on another property.
G.
Directional real estate signs pertaining to open houses may be placed
1/2 hour prior to the open house and must be removed 1/2 hour after
the open house.
2.
Decorations for a recognized officially designated holiday, provided
they do not create a traffic or fire hazard.
3.
Official and governmental signs, which shall include safety signs,
trespassing signs, signs indicating scenic or historical points of
interest and traffic signs.
6.
Temporary signs announcing a public, educational, charitable, civic,
or religious event, provided that:
A.
Such sign may be erected for a period not to exceed 30 days nor more
than three times in any calendar year.
B.
Such sign shall not exceed eight square feet.
C.
Such sign shall not be placed in such a position that it will cause
danger to traffic on a street by obscuring the view.
D.
Such sign shall be no closer than five feet to the right-of-way line
of a public street, unless specifically approved by the Township Zoning
Officer.
E.
All temporary signs shall be removed within 24 hours after the event.
7.
Window Signs. Such signs shall be used to serve as an accessory sign
to the sign associated with the principal use.
8.
Official traffic signs.
9.
Trespassing signs or signs indicating the private nature of a driveway
or premises, provided that the size of any such sign shall not exceed
two square feet.
10.
Signs of contractors, mechanics and artisans, provided that:
A.
Such signs shall be erected only on the premises or lot where such
work is being performed.
B.
The size of any such sign shall not exceed 12 square feet.
C.
No such sign shall be illuminated, except that all signs for detours
may be illuminated and flashing amber.
D.
Such signs shall be removed promptly upon completion of the work
by the contractor, mechanic or artisan.
11.
Signs advertising sale of farm products grown on the premises, provided
that:
A.
The size of any such sign shall not exceed six square feet.
B.
Not more than one such sign shall be erected on the premises, unless
such premises fronts on more than one street, in which case one such
sign may be erected on each street frontage.
C.
No such sign shall be illuminated.
D.
Such sign shall be displayed only when farm products are on sale.
12.
Informational signs such as "entrance," "exit," "no parking," "visitors
parking," "no hunting," "no trespassing," "keep off the grass," and
the like, on the same lot as the use to which the sign relates or
the prohibition of the use to which the sign relates, provided that:
[Ord. 670, 12/12/2007]
The following signs are permitted, provided that a sign permit
has been obtained for such sign.
1.
Temporary signs advertising political parties or candidates for election.
A.
The size of any such sign is not in excess of four square feet.
B.
The erector of such signs or an authorized agent of the political
party or candidate applies for and obtains a permit for the Township
Zoning Officer and deposits with the Township at the time of his application,
the sum of $25 per each 100 such signs, or fraction thereof, as a
guarantee that all such signs will be removed promptly within 20 days
after the date of the election to which such signs relate. If such
signs are not removed at the end of 30 days, the Township shall have
them removed and keep the full sum deposited to reimburse the expenses
incurred by it and for the general Township purposes.
2.
Signs in residential and similar districts. The following types of
signs and no others shall be permitted in R-1, R-3, Apartment, Townhouse,
Mobile Home and Planned Residential Development Districts.
A.
Professional, accessory use or name signs indicating the name, profession
or activity of the occupant of a dwelling, provided that:
B.
Identification signs for apartment complexes, schools, colleges,
churches, hospitals, and other permitted uses other than dwellings,
provided that:
C.
Signs advertising the development of the premises upon which they
are erected, provided that:
(1)
The size of any such sign shall not exceed 20 square feet.
(2)
Not more than one such sign shall be erected on the premises
or lot unless such premises fronts on more than one street, in which
case one such sign may be erected on each street frontage.
(3)
No such sign shall be illuminated.
(4)
All such temporary signs shall be removed upon settlement of
all lots on the premises in all approved phases of the development.
(5)
Permanent signs designating the name of a development shall
be limited to 32 square feet, may be double-faced and are limited
to one such sign at each entrance to the development.
3.
Signs in Nonresidential Districts.
A.
General Provisions. The following types of signs shall be permitted
in the Commercial and Industrial Districts.
(1)
Any sign permitted in a residential district.
(2)
Real estate signs advertising the sale or rental of the premises
upon which they are erected, provided that:
(a)
Not more than one such sign shall be erected for any premises
held in single and separate ownership, unless such premises fronts
on more than one street, in which case one such sign may be erected
on each street frontage.
(b)
The size of any such signs shall not exceed 32 square feet.
(c)
No such sign shall be illuminated.
(d)
All such signs shall be removed not later than on the date of
settlement.
B.
Freestanding Signs. Except where specifically noted otherwise, not
more than one freestanding sign shall be erected for each building
or group of buildings. However, one additional freestanding sign may
be erected in the case of a property with more than one street frontage.
(2)
Size of freestanding signs.
(a)
Commercial Districts.
1)
One sign with a maximum of 50 square feet is permitted for a
detached building or buildings with nine or fewer attached establishments.
2)
One sign with a maximum of 60 square feet is permitted for two
or more detached buildings in single ownership or buildings with 10
or more attached establishments.
(b)
Limited Industrial District.
1)
One freestanding sign listing all establishments in a development
shall be erected at the main roadway and one such sign in the interior
of the development.
2)
The size of the roadway sign shall not exceed 70 square feet
while that in the interior of the development shall not exceed 50
square feet.
C.
Freestanding Signs at Drive-Through Restaurants. A restaurant with
drive-through service may erect one additional freestanding sign,
which shall be a menu sign, provided that such sign shall not exceed
25 square feet.
D.
Temporary Mobile Signs. Signs on mobile stands, which can be moved
from place to place and thereby not permanently affixed to the ground
and other portable signs, be they freestanding, on the ground or temporarily
attached to a building or other support. Said signs shall require
a permit and a permit fee of $25. Such temporary signs may be erected
for a period not to exceed 30 days nor more than three times in any
calendar year. Only one sign per business shall be permitted.
E.
Wall Signs.
(1)
Not more than one wall sign shall be permitted for every establishment
with direct access to a parking area, except that establishments on
corner properties may erect one additional wall sign.
(3)
Establishments with no direct access to parking area (establishments
in interior of building) shall be permitted one wall sign, which shall
be no larger than six square feet.
(4)
Establishments on second or upper floors shall be permitted
one wall sign, the size of which shall not exceed 10 square feet.
F.
Awning Signs. Awning signs shall conform to the dimensional regulations
relating to wall signs in Subsection E above.
[Ord. 670, 12/12/2007]
1.
Billboards shall be permitted only in the C-2 District.
2.
No billboard shall be erected within 1,000 feet of another billboard.
4.
The minimum distance from a street right-of-way shall be 35 feet.
5.
The maximum height of billboards shall be 35 feet.
6.
No billboard shall be placed within the sight triangle as defined
in the Township's Subdivision and Land Development Ordinance.
[Ord. 670, 12/12/2007]
1.
Except as otherwise provided in § 27-1405, no sign shall be erected in the Township until a permit therefor has been obtained in the following manner:
A.
An application in writing shall be made to the Township's Zoning
Officer by the person desiring the permit.
B.
The application submitted to the Township's Zoning Officer shall
give full particulars regarding the size, shape, material and supports
of the sign as well as a sketch or sketches showing the location of
the sign on the building or lot, the distance from the curbline and
the height of the sign. The application shall be sufficiently specific
to enable the Zoning Officer to determine if the sign complies with
the Township's Zoning Ordinance as well as any other ordinance
or regulation of the Township relating thereto. Such application shall
be accompanied by a fee as the Township Commissioners may establish.
C.
If the person submitting the application is not the owner of the
property upon which the sign is to be erected, the written consent
of the owner of the property on which the sign is to be erected shall
accompany the application.
2.
Except as otherwise provided in § 27-1409, whenever any sign is replaced by another sign, enlarged in any manner or altered, dismantled, damaged or otherwise destroyed to the extent of more than 50% of its value, a permit shall be required as provided in Subsection 1 above before the sign is replaced, enlarged, altered or repaired.
[Ord. 670, 12/12/2007]
1.
Signs which are nonconforming and signs which identify nonconforming
uses shall be permitted in accordance with the following regulations,
except as otherwise provided in this chapter.
A.
A sign which is nonconforming at the effective date of this chapter
may remain, but the size of any such nonconforming sign may not be
enlarged.
B.
A nonconforming sign may be changed to or replaced by another nonconforming
sign, when authorized as a special exception by the Zoning Hearing
Board.
C.
A nonconforming sign which has been damaged, or otherwise destroyed
to the extent of more than 50% of its value, shall be repaired or
rebuilt only as a conforming sign, unless the Zoning Hearing Board
grants a special exception to allow the sign to be repaired or rebuilt
as a nonconforming sign.
D.
If a nonconforming use of a building ceases or is discontinued for
a continuous period of one year or more and such nonconforming use
is deemed to be abandoned by virtue of the applicable provisions of
other ordinances and regulations of the Township of Darby, any nonconforming
sign on the premises shall also be considered abandoned and any subsequent
signs erected or maintained on the premises shall be in conformity
with the provisions of this Part.
2.
Amortization. The signs listed below shall be removed or otherwise
brought into conformity with the provisions of this chapter in accordance
with the following schedule.
A.
Temporary, sidewalk, sandwich or "A" frame signs, movable freestanding
signs, banners, pennants and similar types of signs shall be abated,
removed or brought into compliance within 90 days after enactment
of this chapter.
B.
Signs painted on buildings, walks, fences or benches shall be removed,
abated or brought into compliance within two years after enactment
of this chapter.
C.
All other nonconforming signs shall be abated, removed or brought
into compliance within five years after enactment of this chapter.
[Ord. 670, 12/12/2007]
If any sign is in violation of this Part, the Township or any
aggrieved owner or tenant of real property who shows that his property
or person will be substantially affected by the alleged violation,
in addition to other remedies, may institute an appropriate action
or proceeding to prevent, restrain, correct or abate such violation.
When any such action is instituted by a landowner or tenant, notice
of that action shall be served upon the Township at least 30 days
prior to the time the action is begun by serving a copy of the complaint
on the Township. No such action may be maintained until such notice
has been given.
[Ord. 670, 12/12/2007]
District Justices shall have initial jurisdiction over proceedings
brought under Article X-A of the Pennsylvania Municipalities Planning
Code, as amended.
[Ord. 670, 12/12/2007]
1.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this Zoning Ordinance
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than $600 plus
all court costs, including reasonable attorney fees incurred by the
Township as a result thereof. No judgment shall commence or be imposed,
levied or payable until the date of the determination of a violation
by the District Justice. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure. Each day that a violation
continue shall constitute a separate violation, unless the District
Justice determining that there has been a violation further determines
that there was a good faith basis for the person, partnership or corporation
violating the ordinance to have believed that there was no such violation,
in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the District Justice, and thereafter each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney fees collected for the violation of this Zoning
Ordinance shall be paid to the Township.
2.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
3.
Nothing contained in this section shall be constructed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
