Borscht Belt Delicatessen Seeks Variance to Allow Neon Sign

Mike Dalewitz, Co-Founder of the Borscht Belt Delicatessen, submitted an appeal regarding a Notice of Violation by the Newtown Township Zoning Officer regarding a neon window sign in the window of the newly-opened store located at 2124 South Eagle Road (see photo).

Zoning Officer Received an Anonymous Complaint

Neon signs are prohibited by Zoning Ordinance, Section 1104(B)(2), which states that “any sign which is illuminated by inert gas or any form of exposed tubes is prohibited.” The Borscht Belt Violation Notice was sent via certified mail to Newtown Center Associates – owners of the shopping center – dated 6/13/23 after the zoning office received an anonymous complaint via phone call.

Tenants of the shopping center can have an "Open" window sign per Section 1l06(F)(7), which allows an “Information/Directional sign for each purpose of direction/information as long as the sign is no more than 2 sq.ft. in size and is not illuminated by inert gas and/or have exposed tubes.”

Mr. Dalewitz believes that the notice he received via the shopping center owners was in error because – as he says in the appeal notice – “there are 17 electric window signs existing in the Village at Newtown South Shopping Center, with more in the neighboring center, and even more in stores” throughout Newtown. Consequently, Mr. Dalewitz has filed for a variance with the Newtown Zoning Hearing Board (ZHB) to allow the sign.

The Newtown Zoning Hearing Board (ZHB) will ultimately decide this case.

More Violations?

Coincidently(?), the Zoning Officer subsequently notified the owner of the shopping center regarding other stores that have placed signs that are deemed prohibited in their front display windows, including:

Marco’s Pizzeria (#2102)
Nail Perfection & Spa (#2104)
75 Cabinets (#2106)
Auto Tags (#2108)
The Parcel Place (#2110)
H&R Block (#2114)
Newtown Beer Store (#2126; see image below)

Photo of Newtown Beer Store window submitted as evidence by Borscht Belt in its appeal.
The store has since changed ownership and the store's exterior and interior signage
have been enhanced (source: Newtown Patch).

Meanwhile, new owners of the Newtown Beer Store have enhanced the store's exterior and interior signage (see photo below). Read article in Newtown Patch on 9/22/23: “New Owners Expand Offerings, Cut Prices At The Newtown Beer Store.”

New Newtown Beer Store Window: Is that a neon sign in the upper portion of the left pane?

Posted on 15 Sep 2023, 01:05 - Category: Zoning