The sign regulations, controls and provisions set forth in this article are made in accordance with an overall plan and program for the provision of public safety, land development preservation of property values, and the general welfare of the Borough of New Freedom, and are intended to:
A. 
Encourage the effective use of signs as a means of communication in the Borough;
B. 
Maintain and enhance the Borough's aesthetic environment;
C. 
Improve pedestrian and traffic safety;
D. 
Enhance the Borough's ability to attract sources of economic development; and
E. 
Make possible fair and consistent sign permit and sign enforcement regulations.
A. 
Determination of size.
(1) 
The size of the sign shall refer to the area of the sign facing, including any border framing or decorative attachments. In the case of open signs made up of letters, figures and designs, the space between the letters, figures, and designs shall be included. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back-to-back and at no point more than three feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal size.
(2) 
If a premises contains walls facing more than one property line or encompasses property frontage bounded by more than one street or other property usages, the sign area(s) for each building wall or property frontage will be computed separately for each building wall or property line facing a different frontage. The sign area(s) thus calculated shall be permitted to then be applied to permitted signs placed on each separate wall or property frontage.
[Added 3-14-2011 by Ord. No. 2011-1]
B. 
Location/projection of signs.
(1) 
Signs must be located so that they do not interfere with any clear sight triangle as defined by this chapter.
(2) 
For all uses, an advertising sign and a business sign must be at least 60 feet apart, and no sign exceeding 30 square feet in area may be located within 75 feet of a Residential District.
(3) 
Any sign located within the public right-of-way shall provide the following vertical clearances:
(a) 
Above a sidewalk, private drive, or a parking area: nine feet.
(b) 
Above a public street: 12 feet.
(4) 
No sign shall project more than 35 feet above the ground.
(5) 
No sign shall be erected or located as to prevent free ingress or egress from any window, door, or fire escape.
(6) 
No sign shall be permitted to be attached to public utility poles, or trees which are in the public right-of-way of any street.
(7) 
The issuance of a permit for any sign proposed for suspension or projection above any public right-of-way shall be conditioned upon the sign owner obtaining and maintaining in force liability insurance for such sign in such form and in such amount as may reasonably be determined from time to time by the Borough Council. In addition to the above, the suspension or projection of such sign shall be in compliance with all state, including the Pennsylvania Department of Transportation, and local rules and regulations.
C. 
Illumination of signs.
(1) 
Flashing, rotating, and intermittent lights are permitted only in the Central Business District. All such signs must be shielded from neighboring residential uses.
(2) 
Signs permitted in Residential Districts shall be illuminated only by indirect lighting and shall not be illuminated between the hours of 11:00 p.m. and 6:00 a.m.
(3) 
A sign may be illuminated only if the lighting is so screened that it is not directed or reflected toward any adjacent residence or so it does not obstruct the vision of motorists.
D. 
Signs painted on buildings. Advertising painted upon or displayed upon a building or structure shall be regarded as an advertising sign, and the regulations pertaining thereto shall apply.
E. 
Signs within a building. Nothing in these regulations shall be construed as prohibiting signs intended for viewing principally from within a building or signs temporarily attached to the inside face of a display window and/or door, announcing a sale or similar feature, provided that the latter shall not occupy more than 33 1/3% of the total display window or door area. Such signs shall be permitted in addition to any of the specific sign types designated on the charts to follow. Such signs, if illuminated, are subject to the provisions of Subsection C above.
F. 
Construction and maintenance. Signs must be constructed of durable materials, maintained in good condition, and not allowed to become dilapidated:
(1) 
No sign shall be allowed to be in a state of disrepair so as to have the appearance of complete neglect, which is rotting or falling down, which is illegible, or has loose parts separated from original fastenings.
(2) 
Whenever a sign becomes structurally unsafe or endangers the safety of the building or premises, or endangers the public safety, the Zoning Officer shall give written notice to the owner of the premises on which the sign is located that such sign must be made safe or removed within five days.
(3) 
Obsolete sign copy. Any sign copy that no longer advertises or identifies a use conducted on the property on which said sign is erected must have the sign copy covered or removed within 30 days after written notification from the code official, and upon failure to comply with such notice, the code official is hereby authorized to cause removal of such sign copy, and any expense incident thereto shall be paid by the owner of the building, structure or ground on which the sign is located.
[Added 3-14-2011 by Ord. No. 2011-1]
G. 
Termination of enterprise. Upon termination or abandonment of a commercial or industrial use, all signs pertaining to the enterprise must be removed.
H. 
Advertising signs. Advertising signs shall be permitted in the Light Industrial District only, subject to the provisions of the following criteria:
(1) 
No advertising sign shall exceed an overall size of 150 square feet, nor exceed 35 feet in height.
(2) 
No advertising sign shall be located within 300 feet of another advertising sign.
(3) 
All advertising signs shall be set back a minimum of 35 feet from any street right-of-way line.
(4) 
All advertising signs shall be set back a minimum of 50 feet from all side and rear property lines.
(5) 
No advertising sign shall obstruct the vision of motorists or adjoining commercial or industrial uses which depend upon visibility for identification.
I. 
Portable signs. Portable signs shall be permitted in the Traditional Neighborhood and Central Business Districts, subject to the following criteria:
(1) 
A sign permit must be obtained from the Zoning Officer.
(2) 
The sign may be illuminated only by indirect lighting.
(3) 
The placement of such signs shall not interfere with traffic or sight distance at street intersections or access to a public right-of-way.
J. 
Animated signs.
[Added 3-14-2011 by Ord. No. 2011-1[1]]
(1) 
All animated signs shall have installed ambient light monitors, and shall at all times allow such monitors to automatically adjust the brightness level of the animated sign on ambient light conditions.
(2) 
For signs using incandescent lamps, such lamps shall be no more than 15 watts.
(3) 
Animated signs shall be considered as permanent signs and subject to any and all regulations and restrictions in § 225-803, Chart A, including, but not limited to, the number of signs, setback, size and height. The message displayed on the animated sign shall change no more frequently than once every 30 seconds. The messages shall change by causing the current message to fade out and the new message to fade in. The sign shall not be permitted to blink. Such display shall not cause a glare, be so located as to be blatantly distractive or create a safety hazard, or be brighter than other permitted signs on the property.
(4) 
Animated signs that use the colors red, green or amber shall not be located within a radius of 200 feet of a highway traffic light or similar safety device.
[1]
Editor's Note: This ordinance also redesignated former Subsections J and K as Subsections K and L, respectively.
K. 
Nonconforming signs. Any sign legally existing at the time of the passage of this chapter that does not conform in use, location, height, or size with the regulations of this chapter shall be considered a nonconforming use and may continue in its present location until replacement or rebuilding becomes necessary, at which time a building permit shall be required and the sign must be brought into conformity with this chapter.
L. 
Prohibited signs. All signs not expressly permitted under this chapter or exempt from regulation hereunder are prohibited in the Borough. Such signs shall include, but are not limited to:
(1) 
Beacons.
(2) 
Festoon lighting.
(3) 
Inflatable signs and tethered balloons.
(4) 
Pennants.
(5) 
Vehicular signs.