As used in this article, the following terms shall have the
meanings indicated:
Any permanent or temporary structure or part thereof, or
any device attached, painted, or represented directly or indirectly
on a structure or vehicle intended to attract the attention of those
outside in the public right-of-way, that displays or includes any
letter, word, insignia, flag, object, device, or representation used
as an advertisement or announcement. Signs may be of the following
types:
ANNOUNCEMENT BOARDA sign on which the message copy can be changed through the use of attachable letters, numerals, or graphics or through the use of electronic switching of lamps or other illuminated devices. This includes public service information, such as time and temperature displays, or any sign that features automatic or manual switching or changing of its message content, except animated signs that involve motion, flashing lights, or color changes requiring electrical energy or electronic or manufactured sources of supply.
AWNINGAn architectural projection that provides weather protection, identity signage or decoration and is wholly supported by the building to which it is attached.
CANOPYAn architectural projection that provides weather protection; identity.
Signage or decoration and is supported by the building to which
it is attached and at the outer end by not less than one stanchion.
A canopy is comprised of a rigid noncombustible frame with covering
material and shall be designed and located in accordance with the
Uniform Construction Code. This shall include freestanding structures
like those over fuel dispersing islands.
DIRECTORY SIGNA sign advertising a group of establishments occupying one property, with the name of the property and the names of the individual establishments located within the property or building.
ELECTRONIC MESSAGE CENTER (EMC)A sign, or portion thereof, that displays animated images, moving video images, graphics, or scrolling messages, electronic images, static images, static graphics or static pictures, with or without textual information. EMCs are capable of change or alteration by electronic means on a fixed display screen composed of a series of lights, including light emitting diodes (LEDs), organic light emitting diodes (OLEDs), liquid crystal displays (LCDs), digital light processing (DLPs), plasma, fiber optics, light bulbs, or other illumination devices within the area where the message is displayed. EMCs include computer programmable, microprocessor controlled electronic or digital displays. EMCs include signs that utilize technology not listed in this definition and shall include similar technology which may be developed in the future, or the use of which may become widespread in the future.
FREESTANDING SIGNA sign and supporting structure which is secured on the principal lot in the ground and independent of any building, fence or other support. For the purpose of this definition, "freestanding signs" may consist of the following:
PYLON SIGNA permanent sign(s) permanently by upright or uprights which are permanently anchored into the ground. This may have two displayed sides.
GROUND SIGNA sign permanently located on the principal lot independent of any building designed to be viewed at eye level or below within the immediate vicinity and which is intended to be designed and viewed as an architecturally unified and proportional element. Ground signs shall be constructed so that the maximum height from mean grade to the lowest area of the sign face does not exceed a maximum height of eight feet except that it shall comply with § 260-157.
POLITICAL SIGNWithin the following time and manner limitations, any sign or poster which displays or advertises the name, photograph, image or likeness of, or which is intended to promote the election of any candidate for public office.
PORTABLE SIGNAny sign used, or intended to be used, for a short period of time and which is not affixed to a location on a building, structure or the ground. A portable sign includes, but is not limited to, sandwich boards, signs on wheels, buntings, A-frame signs, wire frame signs and the like.
PROJECTING SIGNA sign that is dependent on a building for support and which projects more than 12 inches from the building, including an awning or canopy sign. Whenever a canopy or awning is affixed with any lettering, design, symbol, or made from any special material, which is intended to be or by its nature is an identification of a business, the applicable measurable area of the awning or canopy is a projecting sign. The lowest edge of a projecting sign shall not be less than 7 1/2 feet above the sidewalk or ground level elevation. A projecting sign shall not project above the eave of a structure. Any nonparallel wall sign is a projecting sign.
WALL SIGNA sign mounted parallel to the face of a building or wall, which does not project above the eaves of the structure and is not more than 12 inches from the plane or facade of the building or wall.
WINDOW SIGN, PERMANENTA sign permanently affixed to a building storefront window containing only the name of the establishment and the type of establishment. A storefront window shall be defined as and limited to a ground floor or first story window which is located in the main door to an establishment or on the same side of the building where the main door to the establishment is located, or in the side of a building which faces a public street, right-of-way, or public parking lot. An exterior mounted permanent window sign shall have a rigid frame with weatherproofing cover.
A.
The erection or placement of a sign is regulated and requires a permit
unless a sign is specifically exempt from regulation. The erection
shall include any building, construction, attachment, hanging, suspension,
alteration, repair, repainting, removal, relocation, or demolition
of a sign of any type.
C.
The Borough Zoning Officer will provide applications for sign permits,
fee information, inspection requirements, and application requirements
dealing with submission of drawings and construction information.
A.
Area of a sign.
(1)
The area of a sign shall include all lettering, wording, and
accompanying designs and symbols, together with the background, whether
open or enclosed, on which it is displayed. The area shall not include
any supporting framework, bracing, or decorative trim, which may be
incidental to the copy content of the display itself.
(2)
In the computation of the area of a double-faced sign, only
one side shall be considered, provided all faces are identical in
size and content and are parallel to each other. No signs with more
than two faces are permitted.
(3)
Where a sign type cannot be determined, the area and height
restrictions for the most restrictive type of sign shall apply.
(4)
Total sign area permitted may be divided among different types
of signs, provided that the total sign area allowed for each use is
not exceeded. All tenants occupying the same building shall be limited
to the total sign area permitted for the building. The building owner,
or his or her designee, shall be responsible for the allocation of
the total allowable sign area among the various tenants; however,
each tenant may select a sign option with the individual sign area
limited in size to the assigned proportional areas.
B.
Height of a sign.
(1)
The maximum height to the top of a freestanding ground sign
shall be measured from the ground level where the sign is mounted.
The height of an earth mound on which a sign is mounted shall be included
in the allowable height. No freestanding ground sign shall exceed
a height of eight feet.
(2)
The maximum height to the top of a freestanding pylon sign shall
be measured from the ground level where the sign is mounted. The height
of an earth mound on which a sign is mounted shall be included in
the allowable height. No freestanding pylon sign shall exceed a height
of 20 feet. The bottom of a pylon sign frame shall not be less than
eight feet above grade.
(3)
No sign or part of a sign may extend above the eaves of a sloping
roof or the roofline of a flat roof.
(4)
Signs, unless otherwise specified, shall not project above the
height of 20 feet in any district.
C.
Location of signs.
(1)
A sign located along the right-of-way of a state or federal
highway shall comply with all requirements of the state or federal
government relating thereto, in addition to all requirements of this
chapter.
(2)
No sign or portion of any sign shall project into or over a
cartway.
(3)
No overhanging and projecting signs shall be less than eight
feet above any walkway.
(4)
Obstruction. No sign shall be located or arranged so that it
interferes with traffic through glare or blocking of sight lines of
streets, sidewalks or driveways, or conflicts with a traffic control
device by color, location, shape or any other characteristic. No sign
shall violate the corner visibility restrictions of this chapter.
(5)
Hereafter signs may project beyond the property line abutting
a street provided that the overhanging sign is not less than eight
feet above the sidewalk and at least two feet from the curbline. Overhanging
signs shall not project over the cartway of a street or alley.
(6)
The main supporting structure of all freestanding signs shall
not be located closer than three feet to any property line except
for official traffic signs or other government signs.
(7)
In all districts, no signage may be located outside the property
line except exempt signs.
D.
Illumination of signs. Only the following types of illumination are
permitted:
(1)
Internally illuminated sign. A sign designed to give forth artificial
light directly (or through transparent or translucent material) from
a source of light within the sign and shall be shielded to prevent
or control glare.
(2)
Indirectly illuminated sign. A sign illuminated with a light
external to the sign, which shall be shielded so that no direct rays
are visible elsewhere. Lighting fixtures used to illuminate any sign
shall be shielded to prevent or control glare.
(3)
Nonilluminated sign. A sign that is not illuminated either internally
or indirectly.
E.
Construction of signs.
(1)
Supports for a sign or sign structure shall conform to the requirements
set forth in the Pennsylvania Uniform Construction Code, as amended.
(2)
Signs using electricity shall be installed in conformance with
the Pennsylvania Uniform Construction Code, as amended.
(3)
Every sign permitted in this chapter must be constructed with
durable materials and must be kept in good condition and repair or
must be removed.
(4)
All signs shall be removed when the circumstances leading to
their erection no longer apply.
F.
Zoning information. No sign shall be erected that contains information
which states or implies that a property to which the sign relates
may be used for any purpose not permitted under the provisions of
this chapter in the zoning district in which the property is located.
G.
Permit required. All signs over two square feet in area shall require the issuance of a zoning permit before erection, placement, construction, or alteration except those in § 260-178. All signs must comply with all other regulations regardless of whether a permit is required. Multiple signs totaling more than two square feet shall require issuance of separate zoning permits.
H.
All valid nonconforming signs and all signs granted a sign permit
prior to the adoption of this chapter (except illegal signs) may be
continued. All new signs shall meet the terms of this chapter.
A.
No sign permit shall be required for exempt signs.
B.
The following signs are exempt from the requirement of obtaining
a sign permit. Exempt signs shall be erected only in accordance with
the standards set for these signs.
(2)
No trespassing sign. A sign not exceeding two square feet, indicating
the prohibition or control of fishing, hunting, trespassing, etc.,
or a sign indicating a private road.
(3)
Residential identification sign. A sign, not exceeding two square
feet, and not more than six feet in height bearing only the property
number, street address, and/or names of the occupants of the residence,
or the name of the dwelling.
(4)
Governmental flag or insignia. Flags, other than those flown
by local, state or federal governments, are permitted, provided that
they do not exceed a size of six feet by 10 feet, are affixed to a
pole no higher than 25 feet, and meet the requirements of the Flag
Code, Public Law 94-344.
(5)
Governmental, regulatory and official signs, including safety
signs; signs indicating points of interest, historical plaques, public
parks or recreation facilities; and signs identifying official Borough
buildings or facilities. Signs identifying Borough buildings, police
stations, or other Borough facilities may be internally or indirectly
illuminated.
(6)
Decorative flags and plaques. Flags and plaques that are decorative
and contain designs marking seasons, holidays, welcome, sports, and
the like are permitted, provided that they contain no advertising,
no company or business logos, and no names of businesses. Flags may
be no larger 12 square feet. Plaques shall be no larger than two square
feet.
(7)
Legal notices.
(8)
Information sign. An information or public service sign indicating
hours of operation, availability of a public telephone, or directions
to an entrance or parking area is permitted, provided that the sign
area does not exceed one square foot and that there shall be no more
than two signs of this type per property.
(9)
Temporary professional signs. A temporary advertising sign for
mechanics, contractors, architects or realtors. Such a sign may be
maintained only during the duration of the work being done at the
property, or during the duration of the sale and/or lease. No sign
shall exceed six square feet. Only one sign may be installed for each
professional and no more than four such signs on any property at any
one time. No illumination is permitted.
(10)
Temporary window sign. A sign or signs displayed on the inside
surface of a window for the purpose of advertising a sale, grand opening,
new products or services. Temporary window signs may have a total
combined sign area of no more than 12 square feet. The sign may be
in place no longer than 60 days except neon signs less than two square
feet in area. The applicant shall inform the Zoning Officer of the
time period during which a grand opening sign will be in place. Signs
shall be constructed of durable material and may not include tablet
type paper and the like.
(11)
Temporary yard sale sign. An on-site sign advertising a yard
sale. The sign shall not exceed four square feet in area and may remain
up only during the sale but in no case longer than five days. One
sign only shall be permitted per property. No illumination is permitted.
(12)
Temporary activity signs of religious organizations, volunteer
fire companies, nonprofit educational institutions, civic organizations
and community groups advertising a temporary fund-raising gathering
or activity erected for a special event or promotion of civic welfare
or charitable purposes, including but not limited to exhibits, shows,
sales or special events provided that:
(a)
Such temporary sign is located on the property of such organization
company or institution.
(b)
Such temporary sign conforms to the following regulations to
ensure that they in no way lend a commercial aspect to such property
and its adjoining properties:
(c)
Such temporary sign is displayed for a duration limited to a
short time in keeping with the limits of a special event not to exceed
two full weeks unless briefly extended by the Borough Manager for
cause shown by prior written request.
(d)
Such temporary sign shall be removed by the property owner when
circumstances leading to its erection no longer apply (that is, expiration
of said two-week period or briefly extended period) within one working
day.
(13)
Temporary political signs.
(a)
Temporary signs advertising political parties or candidates
for public office may be erected or displayed and maintained provided
that:
[1]
The signs are erected or displayed by the owner
or lessee of the parcel of real property on said parcel or by the
candidate, political party or other authorized agent of either of
them, with the express permission of the owner or lessee of the parcel
of real property;
[2]
The size of any sign is not in excess of six square
feet;
[3]
The signs shall not be erected or displayed earlier
than 60 days prior to the election to which they pertain; and
[4]
No political sign shall be permitted to remain
more than 72 hours after the election to which they pertain.
(b)
Nothing contained herein shall be construed to permit the placing
or erecting of any such signs within a street right-of-way or within
or on any public alley, sidewalk, parking lot or other public place,
which placement is hereby prohibited.
(c)
The erection of temporary political signs permitted by this
section by the owner or lessee of the parcel of real property, candidate,
political party or other authorized agent shall not require a permit
or other approval; provided, however, that it shall be unlawful for
any such owner or lessee of the lot, candidate, political party or
other authorized agent to permit such signs to remain erected more
than 72 hours after the date of the election to which they relate,
and failure to remove such signs as required hereby shall subject
such offenders to the penalties prescribed in this chapter.
(d)
No illumination is permitted.
(e)
Enforcement; violations and penalties.
[1]
Remedies for violations of the foregoing limitations shall include the penalties set forth in § 260-230 of this chapter. As an additional remedy for § 260-178B(13) above, the Code Enforcement Officer may, after notice and at the expense of the responsible owner, tenant or person in control of the premises on which such sign remains more than 72 hours after the election remove any such sign; appropriate notice by said officer may include inter alia the placing by him on any such sign of a legend, sticker or notice to the effect that if this sign is not removed within 72 hours, it will be removed by the Zoning Hearing Officer citing by number this section of the Code of the Borough of Middletown.
[2]
This subsection adopted in lieu of the prohibition in effect since 1960 when the Middletown Zoning Ordinance, codified in Chapter 21, was adopted includes the foregoing time and manner limitations which are required by compelling governmental interests. It is further found as a fact that in the light of local conditions experience and history, this subsection will not deter at all (much less significantly) the effective exercise of First Amendment rights and the foregoing limitations are necessary to give effect to and to promote compelling interests in the appearance of residential districts in conserving property values in reducing accumulations of debris in minimizing hazards and blight resulting from the effects of the elements and of local weather conditions upon the types of unreinforced signs commonly employed in political campaigns in the area upon signs of various sizes and upon signs of varying ages and time spans, including signs for temporary purposes and in regard to other governmental interests.
The following signs are prohibited:
A.
Any sign that states that a property may be used for a nonpermitted
use.
B.
Any sign that flashes, rotates, revolves or oscillates. This does
not include electronic message centers.
C.
Any animated signs, movable message signs or signs with internally
generated messages or symbols; no sign shall consist of any moving,
rotating, or otherwise animated part or message. This does not include
electronic message centers.
D.
Any roofed sign structure attached to and supported by the building
placed above the roofline of a flat roof or the lowest point of eaves
of a sloping or mansard roof.
E.
Any portable sign of any kind, other than a portable menu sign three
square feet or less placed at the entrance to a restaurant, is prohibited,
including any signs on wheels or advertising banners.
F.
Any vehicle or trailer which is parked on public or private property
so as to be visible from a public right-of-way, which has attached
thereto or located thereon any sign or advertising device for the
basic purpose of providing advertisement of products or directing
people to a business or activity located on the same or on another
property.
G.
Any sign nailed or in any way attached to a tree, utility pole, streetlight
pole, street identification sign, another sign, mailbox, fence, rock
or natural features, traffic signal device, or other regulatory device,
such as stop signs, yield signs, etc.
H.
Signs erected within any public right away or near the intersections
of any streets in such a manner as to materially obstruct free and
clear vision.
I.
Signs not properly maintained, showing neglect, or in a dilapidated
or hazardous condition so as to violate the purpose, intent and objective
of this chapter are required to be repaired or removed.
J.
Abandoned signs.
A.
Residential signs in R-1 and R-1A districts.
(1)
(2)
Projecting signs may be attached to a decorative freestanding
post, lighted lamppost or building.
(3)
Illumination. Residential signs may be illuminated indirectly
and must be shielded to prevent glare.
(4)
All signs must be inside the property line.
B.
Residential signs in R-2, R-3, and R-C Districts. Individual buildings
containing apartments or multifamily dwelling units may contain a
sign which identifies an individual building having multiple dwelling
units. The sign may identify only the property number, street address
and/or the name of the building for a multiple-family dwelling development.
C.
Religious, educational, recreational, and institutional uses in any
district.
(2)
Number. No more than one sign, except for corner properties
where one sign is permitted along each street frontage.
(3)
Types permitted: freestanding ground, projecting, or wall.
(4)
Size: 16 square feet maximum for buildings located 35 feet or
more from the cartway of the street; 12 square feet maximum for buildings
located less than 35 feet from the cartway of the street.
(5)
Height of freestanding sign: eight feet maximum.
(6)
Temporary announcement board. In addition to the provisions
for signs above, one temporary announcement board may be placed on
the property for the purpose of announcing events. An announcement
board is permitted for the following uses only: place of worship,
school, library or museum, and emergency services. The size shall
not exceed 12 square feet. The announcement board may be placed at
the site for a period of 15 days prior to the event and must be removed
by the second day following the event. No such sign may be illuminated.
D.
Signs for C-2 District. Office, retail, service, and other require
a permit and shall comply with the following:
(1)
Sign area and number. The total area of all signs together shall
not exceed a total of one square foot for each two linear feet of
building width measured along the front of the building and in no
case shall the total number of permanent signs exceed four.
(2)
Sign options for the uses. The following sign options are permitted:
(a)
Wall, projecting, freestanding ground, permanent window signs
are permitted in any combination not to exceed the following: one
wall sign having a maximum area of 20 square feet; one projecting
sign having a maximum area of 12 square feet; one freestanding ground
sign having a maximum area of 12 square feet; one permanent window
sign having a maximum area of 12 square feet.
(b)
Window signs shall be painted on the window and shall contain
only the name of the establishment and type of establishment. The
area devoted to window signs may be split evenly between two storefront
windows.
(c)
The maximum height of a freestanding ground sign is eight feet.
(d)
Fuel island type canopies may have no more than two business
names, identification or logos; signs not to exceed 20 square feet
total.
(e)
Pylon signs are permitted by special exception.
(3)
If a property is a corner lot or has frontage on a street or
a public parking lot, one additional sign may be erected on the side
street frontage or the building facade facing the parking lot. The
size shall not exceed 12 square feet.
(4)
Directory sign for group of establishments.
(a)
Number. No more than one directory sign shall be placed for
joint use, unless it fronts on a corner lot or parking lot, in which
case one additional sign may be erected on the side street frontage
or the public parking lot side.
(b)
Types permitted: freestanding ground or wall sign.
(c)
Size: 20 square feet maximum for the sign, to be divided among
the businesses occupying the building or property jointly.
(d)
Height of freestanding sign: six feet maximum.
(e)
Uniformity. The sign dimensions for each establishment in directory
listings shall be exactly the same as the dimensions of each of the
establishment's other listings within the directory sign and shall
be the same color and style.
E.
Signs for C-1 and M-1 Districts. For a shopping center in the C-1
district, with six or more individual stores and a total floor area
of 20,000 square feet or greater, one freestanding pylon sign for
each front primary entrance will be permitted.
(1)
A pylon sign may be double sided.
(2)
A pylon sign may be internally illuminated. No ground lighting
or spot lighting of a pylon sign shall be allowed.
(3)
A pylon sign shall not exceed 20 feet in height.
(4)
An entrance pylon sign may identify the name of shopping center
and individual businesses within the center, as long as the total
square footage does not exceed 75 square feet of sign(s).
(5)
Individual stores having a store frontage up to 100 feet shall
have a total sign area equal to no more than one square foot of sign
area for each two linear feet of store frontage width measured along
the front of the store.
(6)
Individual stores having a store frontage greater than 100 feet
up to a maximum of 200 feet shall have a total sign area equal to
no more than one square foot of sign area for each 1.5 linear feet
of store frontage width measured along the front of the store.
(7)
Individual stores having a store frontage greater than 200 feet
shall have a total sign area equal to no more than one square foot
of sign area for each 1.25 linear feet of store frontage width measured
along the front of the store to a maximum of 160 square feet.
(8)
Fuel island type canopies may have no more than two business
names, identification or logos; signs not to exceed 20 square feet
total.
F.
Accessory uses.
(2)
Number. No more than one sign shall be placed on a property
containing an accessory office.
(3)
Types permitted: freestanding, projecting, or wall.
(4)
Size: three square feet maximum.
(5)
Height of freestanding sign: three feet maximum.
(6)
Illumination. Accessory office signs may be indirectly illuminated
during hours of office operation only.
The following regulations shall apply to signs legally existing
at the time of passage of this chapter that do not conform in use,
location, type, illumination, 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, illumination, height or size with
the regulations of the district in which the sign is located shall
be considered a nonconforming sign and may continue in such use in
its present location, subject to the following caveats:
(1)
If a new use or occupancy is established, all new signs or replacement
signs must comply with this chapter in terms of quality, type, and
dimensional requirements.
(2)
A sign not complying with this chapter may continue if a building
or structure is renovated. If a building or structure is demolished
and rebuilt, all signs must be made to conform to this chapter in
terms of quality, type, and dimensional requirements.
(3)
If a new business certificate is issued, all signs must be made
to conform to this chapter in terms of quality, type and dimensional
requirements.
