A. To promote the safety, comfort, and well-being of those who use the Townís streets, roads, and highways;
B. To reduce distractions and obstructions from signs adversely affecting traffic safety, and to alleviate hazards caused by signs projecting over or encroaching upon public ways;
C. To discourage excessive visual competition in signage and to ensure that signs aid orientation and adequately identify uses and activities to the public; and
D. To preserve or enhance town character by requiring new and replacement signs which are (1) compatible with the surroundings; (2) appropriate to the activities, goods or services they promote; and (3) appropriately sized in their context. (back to top)
1. Address sign: A sign displaying only one or more of the following: (1) the name or names of any occupant; (2) the street number and name; and (3) identification of a use or activity conducted on the premises.
2. Awning sign: A sign painted on or attached to an awning.
3. Construction sign: An on-premises sign identifying the nature of the project and the name and/or address of one or more of the following: contractor, subcontractor, architect, landscape architect, and engineer.
4. Directional sign: An on-premises sign indicating the direction of vehicle or pedestrian traffic or the location of parking, buildings, offices, entrances, activities or amenities, such as restrooms and public telephones.
5. Facade: The exterior surface of a building.
6. Flashing sign:An illuminated sign which exhibits changes or variations in light intensity, color, direction, or animation. Excluded from this definition are illuminated signs on which the only variations in light intensity, color, direction, or animation are to display the date, time, and/or temperature.
7. "For Sale/Rent/Lease" sign: A sign advertising the availability of all or a portion of the premises for sale, rent or lease.
8. Free-standing sign: A self-supporting sign not attached to any building, wall, or fence, but in a fixed location.
9. Grand opening sign: A temporary sign announcing the opening or re-opening of a business.
10. Illuminated sign: A sign illuminated by artificial light from an exterior source or from within, including signs using neon or gas tubes.
11. Landmark sign: A unique sign, or a sign of artistic or historic merit, or of extraordinary significance to the Town (which is identified as a "landmark sign" by the Planning Board.)
12. Non-conforming sign: A sign lawfully existing when the sign ordinance was adopted or amended.
13. Off-premises sign: Any sign not on the premises of the business or activity to which it relates.
14. Plaza sign: A group of signs clustered together in a single structure or compositional unit used to advertise multiple occupants of the same building or building complex.
15. Portable sign: A sign capable of being readily moved or relocated, including signs mounted on a chassis and wheels, or supported by legs. Examples of portable signs are A-frame signs, gasoline price-per-gallon signs, trailer signs, and temporary announcement signs.
16. Projecting sign: A sign affixed to a structure or other thing which extends more than six inches beyond the surface to which it is affixed.
17. Roof-mounted sign: A sign placed upon the roof of any building, or erected on a framework supported by the roof of a building, except such signs which are an integral part of the construction or architecture of a building.
18. Shopping center: A grouping of three or more commercial establishments primarily retail in nature, planned, developed and managed as a unit, located on a single lot or contiguous lots with off-street parking provided on the lot; or any single commercial establishment planned, developed and/or managed as a unit and containing 20,000 square feet or more Gross Leasable Floor Area (GFA) within a single building or complex of buildings on a single lot or contiguous lots. A shopping center may be developed either for rental of individual units or for sale of condominium units or a combination of both.
19. Sign: Any permanent or temporary display of one or more letters, words, pictures, graphics, logos, colors, or lights visible from public ways or places, whether free-standing or attached to or displayed upon a structure or any other thing, which is intended to convey a message, except for:
(1) pavement markings or driveway directional arrows painted on the ground which contain no advertising; and
(2) window displays, including price tags, product descriptions and other information which, in view of its scale and position, is primarily directed to pedestrians and not to vehicle occupants.
20. Temporary sign: A sign intended to be used for not more than 14 days.
21. Trailer sign: A sign which is mounted or placed on a vehicle, including self-propelled and towed vehicles, that is principally used for advertising purposes. The principle use of the vehicle shall be deemed to be for advertising purposes if it is so placed or used as to be observable by the public for substantial periods of time on a regular basis while not engaged in any non-advertising function.
22. Wall-mounted sign: A sign erected against, displayed upon or attached parallel to the wall of any structure or to a fence, screen or freestanding wall.
23. Window sign: A sign painted or mounted onto a window pane, or hung directly inside a window. (back to top)
A. Signs Permitted by Right
The following signs are permitted in all districts without a permit issued by the Sign Officer provided they conform to all applicable standards in this Section and Sections 1203, 1204, and 1205. Such signs shall not be counted when calculating the number of signs permitted and the total allowable sign area. Except as otherwise expressly provided, illuminated and off-premises signs are not signs permitted under this section.
(1) One address sign.
(2) One announcement board or bulletin board for governmental or non-profit educational, institutional or religious uses, no greater than twelve (12) square feet in area, which bears no commercial advertising.
(3) Accessory signs indicating hours of operation, credit cards, business or professional affiliations, and the like, provided that such signs do not exceed a total of two (2) square feet in area for all signs pertaining to a single business or profession.
(4) Accessory signs, no greater than two (2) square feet in area, pertaining to the general use of the premises, such as signs prohibiting patrons without shirts or shoes; trespassing, hunting or swimming; unleashed dogs, and the like.
(5) Directional signs, which may be illuminated.
(6) Two "For Sale/Rent/Lease" signs.
(7) Grand opening signs, which may be illuminated, provided that a permit for a grand opening sign is first obtained from the sign officer.
(8) One landmark sign, provided the Planning Board has approved the designation "landmark sign" based on consideration of the following factors: uniqueness; artistic, cultural, or historical merit; and the significance of the sign in relation to the history, traditions and character of the Town of Middletown. Such approval must be at a public meeting of the Planning Board with the proposed landmark sign designation as an advertised item on the agenda.
(9) Traffic signs and other signs erected by a public agency in discharge of a governmental function. Such signs may be illuminated.
(10) Temporary signs, no greater than six (6) square feet in area, announcing a charitable or civic event.
(11) Window signs.
(12) Yard sale or garage sale signs.
B. Prohibited Signs
The following signs are prohibited in all districts, unless otherwise expressly permitted under this ordinance.
(1) Off-premises signs.
(2) Streamers, pennants, ribbons, banners, balloons, strings of lights, spinners and the like, except when displayed to commemorate a holiday or as components of a grand opening sign.
(3) Flashing signs.
(4) Roof-mounted signs.
(5) Signs containing moving parts or reflective elements which sparkle or twinkle in the light.
(6) Sign identifying or advertising a business or organization which is either defunct or no longer located on the premises, except for landmark signs which are properly maintained.
(7) Signs resembling or depicting official traffic signs or signals.
(8) Portable signs and trailer signs.
(9) Neon window signs.
C. Nonconforming Signs
Nonconforming signs other than portable signs may continue but may not be enlarged, structurally altered, or replaced except in conformity with the requirements of this ordinance. Nonconforming portable signs shall be brought into compliance or permanently removed from use within thirty (30) days after the effective date of this ordinance. (back to top)
A. Size
(1) Except as otherwise expressly permitted by this ordinance, no sign shall exceed thirty-two (32) square feet in area.
(2) For all business and industrial uses other than shopping centers, the total combined area of all signs for a single business shall not exceed sixty (60) square feet.
(3) Subject to subsections (4) and (5), the area of a sign shall be measured as the total area within a line circumscribing all surfaces used for the design, including slates and panels.
(4) For a sign which is painted on or otherwise directly applied to the surface of a structure or any other thing, the area shall be considered to be that of the smallest rectangle or other geometric shape which encompasses all of the letters, symbols and other elements of the sign, unless the sign has a background of a different color than the natural color or finish material of the structure or thing, in which case the area of the sign shall be the area of such background.
(5) When a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign, except where two faces are placed back to back and are at no point more than two (2) feet from each other. In this case, the sign area shall be the area of either face, and if the faces are unequal, the area shall be that of the larger face.
B. Number
(1) For all business and industrial uses other than shopping centers, research and office parks, no more than two signs may be displayed for each principal building or use.
(2) In determining the number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed randomly without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign.
C. Height
(1) No sign together with any supporting framework shall extend to a height above the maximum building height allowed in a district without regard to any additional height allowed for spires, chimneys, flag poles, and the like.
(2) The height of a sign shall be measured as the vertical distance measured from the natural level of the ground at the base of the sign to the highest point of any portion of the sign or supporting structure.
D. Setbacks
The setback for a freestanding sign shall be measured from the lot line to the nearest point on the sign or its supporting structure, whichever is closer to the lot line.
E. Placement
(1) No sign may be affixed to a fence, utility pole, or traffic control structure, or to a tree, shrub, rock, or other natural object.
(2) Signs shall not obscure arches, sills, moldings, cornices, and transoms and similar architectural features.
F. Safety
No sign may be displayed if it:
(1) is structurally unsafe;
(2) constitutes a hazard to public safety or health because it is dilapidated, abandoned or inadequately maintained, or because it is located so as to interfere with drivers' vision of traffic signals or directional signs or of traffic on intersecting streets;
(3) obstructs free entrance to or exit from a door, window, or fire escape;
(4) obstructs light or air or interferes with proper functioning of a building; or
(5) is capable of causing electrical shock. (back to top)
The design standards in this section, applicable to specific types of signs, are in addition to the general design standards in Section 1203. Illustrations of some of these sign types are included for guidance only under Section 1208.
A. Address Signs
Address signs shall be no greater than one and one-half (1.5) square feet in area and shall be either attached to the building or mounted on a spot not more than four (4) feet high which is setback at least three (3) feet from the public right-of-way.
B. Awning Signs
(1) Awning signs shall not extend beyond the valance or be attached to the underside of the awning.
(2) Awning signs over a sidewalk or public way must be at least eight (8) feet above the sidewalk or way, measured from the lowest point of the sign.
(3) Letters on awning signs shall not exceed ten (10) inches in height.
C. Construction Signs
(1) Construction signs shall not exceed thirty-two (32) square feet in area, and shall be set back at least ten (10) feet from the street lot line, or one-half the building set-back distance, whichever is less.
(2) Construction signs may be maintained on the building or property during actual construction and for not more than thirty (30) days afterwards.
D. Directional Signs
(1) Directional signs shall not bear any advertising.
(2) Directional signs shall not exceed two (2) square feet in area, which is not included in computing the total allowable sign area.
E. "For Sale/Rent/Lease" Signs
(1) "For Sale/Rent/Lease" signs shall not exceed six (6) square feet in area, except that the total area of such signs for one commercial building shall not exceed twenty (20) square feet on lots with frontage of between fifty (50) and one hundred (100) feet, and shall not exceed forty (40) square feet on lots of one hundred (100) or more feet of frontage.
(2) A "For Sale/Rent/Lease" sign shall advertise only the property on which the sign is located.
(3) A maximum of two "For Sale/Rent/Lease" signs may be maintained on any property being sold or rented, and they shall be removed within thirty (30) days after the property is sold, rented, or leased.
F. Freestanding Signs in Traffic Sensitive Districts
(1) The following dimensional standards apply to freestanding signs, except for plaza signs, in traffic sensitive districts.
General Business (GBA) Limited Business (LBA, OBA, LIA) Town Center (TC) Residential and Open Space (RMA, R-10A, R-20A, R-30A, R-40A, R-60A, MTA, PA, OSA) Freestanding Pole Signs Height (max. ft.) Area (max. sq. ft.) Ground Clearance (min. ft.) Other Freestanding Signs Height (max. ft.) Area (max. sq. ft.) Ground Clearance (min. ft.)
(2) Free-standing signs over six (6) feet in height may have no more than two (2) sides; those less than six (6) feet in height may have three (3) or four (4) sides.
G. Illuminated Signs
(1) Signs with exterior illumination shall be illuminated only with steady, stationary, shielded light sources directed solely onto the sign without causing glare.
(2) Internally illuminated signs are limited to (1) individual translucent back-lit letters silhouetted against an opaque surface; (2) individual letters with translucent faces, containing soft lighting elements inside each letter; and (3) metal-faced box signs with cut-out letters and soft-glow fluorescent tubes. Internally illuminated plastic signs with dark-colored removable letters are prohibited.
(3) Signs internally illuminated by gas-filled light tubes must be placed so that the tubes are not exposed to view from a sidewalk or public way.
(4) No sign may be illuminated if, because of intensity or direction of illumination, it unreasonably interferes with neighboring land uses or constitutes a hazard to pedestrian or vehicular traffic.
(5) Exposed electrical wires may not be used in connection with illuminated signs.
(6) Signs shall not be illuminated after 11 p.m. unless the premises are open during such hours.
H. Research/Office Park Signs
One sign may be located at each major entrance to an actual or planned industrial research park or office park, designed only to identify the park, which shall not exceed thirty-two (32) square feet in area.
I. Painted Wall Signs (Murals)
Painted wall signs (murals) larger than 32 sq. ft. are permitted only by obtaining a special-use permit from the zoning board of review.
J. Plaza Signs
(1) Shopping centers, research and office parks may display one (1) plaza sign.
(2) The display board of plaza signs shall be of an integrated and uniform design.
(3) Plaza signs for shopping centers of less than 6,400 square feet shall not exceed thirty-two (32) square feet in area for the part of the sign bearing the name of the shopping center, plus three (3) square feet in area for the name of each business. The maximum height of such signs shall be twenty (20) feet.
(4) Plaza signs for shopping centers of 6,400 square feet or more shall not exceed the following dimension for the part of the sign bearing the name of the shopping center: five (5) square feet in area for each one thousand (1,000) gross square feet in the shopping center to a maximum of sixty (60) square feet. In addition, such plaza signs may contain three (3) square feet in area for the name of each business. The maximum height of such signs shall be thirty (30) feet.
(5) Plaza signs for research and office parks shall not exceed sixteen (16) square feet in area for the part of the sign bearing the name of the building or park, plus two (2) square feet in area for the name of each business or office.
K. Projecting Signs
(1) Each face of a projecting sign with one or two sides shall not exceed ten (10) square feet.
(2) The total area of a three-dimensional projecting sign shall be determined by enclosing the largest cross- section of the sign in a rectangle or other geometric shape and computing its area, which shall not exceed nine (9) square feet.
(3) Projecting signs shall be hung at right angles to the building.
(4) No projecting sign shall extend above the roof line or extend into a vehicular public way, or be less than eight (8) feet above a pedestrian public way or less than thirteen (13) feet over a laneway, alley, or driveway, measured from the lowest point of the sign.
L. Shopping Center Signs
Shopping centers may display one (1) wall-mounted sign for each use in the shopping center. The size of such signs shall not exceed one (1) square foot in area for each lineal foot of the wall of the portion of the building containing the individual use and on which the sign is located, to a maximum of seventy (70) square feet per sign. Shopping centers may also display one (1) plaza sign, subject to the requirements of Section 1204, J.
M. Wall-Mounted Signs
(1) No wall-mounted sign shall project more than six (6) inches from the surface upon which it is mounted.
(2) No wall-mounted sign shall extend above the lowest point of the roof, nor beyond the ends of the wall to which it is attached.
(3) The maximum area for all wall-mounted signs on a single wall or surface is E. square feet for each lineal foot of building face parallel to a street lot line, to a maximum of thirty-two (32) square feet. Where a lot fronts on more than one street, the aggregate sign area facing each street frontage shall be calculated separately.
(4) For buildings located more than 100 feet from a public way, the maximum area for wall-mounted signs is increased by one square foot for every four feet of building set back beyond 100 feet.
N. Window Signs
(1) No window sign shall exceed fifteen percent (15%) of the window area in which it is displayed.
(2) Non-temporary signs hung inside windows shall be made of clear materials such as plexi-glass with lettering painted on them. (back to top)
A. Generally
(1) All signs shall meet the applicable requirements of Sections 1202, 1203, and 1204 in addition to the requirements set forth in this Section. Any conflict between a requirement of this Section and a requirement of any other section shall be resolved by applying the requirement of this Section.
(2) The sign districts of the Town correspond to the zoning districts as depicted on the zoning map. For example, the Traffic Sensitive General Business sign district is the same as the Traffic Sensitive General Business zoning district.
(3) The requirements of this Section do not apply to signs permitted by right under Section 1202, A.
B. Town Center
Regulations for signage within the Town Center Overlay District are located in Article 24, Section 2404.5 Signs
C. Traffic Sensitive General Business District (7BA)
(1) The intent of sign regulation in this district is to provide legible signage for auto-oriented commercial facilities, while moderating visual competition.
(2) No more than three (3) types of signs may be displayed per building, regardless of the number of occupancies. For example, a building may have freestanding, awning, and window signs, or wall, window and awning signs. The total number of signs per building is limited to two (2), unless the building has more than one (1) occupancy, in which case there can be one sign per occupancy plus one additional sign for the building.
(3) No more than three colors may be used in a sign, except for pictures or illustrations. Signs shall have dark backgrounds with light-colored lettering. Examples of permissible background colors are burgundy red, forest green, chocolate brown, black, charcoal, and navy blue. Examples of permissible lettering colors are ivory, white, or gold. "Day-Glow" and similar super-bright colors are prohibited.
D. Traffic Sensitive Limited Business/Office/Industrial Districts (LBA, OBA, LIA)
(1) The intent of sign regulation in this district is to maintain the mixed residential small scale commercial character of these roads. The rural and suburban residential architecture often found within these districts, and the surrounding once-agrarian landscape form the essence of the existing visual quality of the roadside. Special care should be taken with this quality in the scale, style, location, design, and use of materials for signs to ensure that these transitional areas of mixed residential and commercial uses do not begin to resemble highway strip commercial areas found on the townís major transportation routes.
(2) No more than three (3) types of signs may be displayed per building, regardless of the number of occupancies. For example, a building may have free-standing, awning, and window signs, or wall, window and awning signs. The total number of signs per building is limited to two (2), unless the building has more than one (1) occupancy, in which case there can be one sign per occupancy plus one additional sign for the building.
(3) All signs shall be made of wood or metal.
(4) Interior lit signs are prohibited.
(5) No more than three colors may be used in a sign, except for pictures or illustrations. Signs shall have dark backgrounds with light-colored lettering. Examples of permissible background colors are burgundy red, forest green, chocolate brown, black, charcoal, and navy blue. Examples of permissible lettering colors are ivory, white, or gold. "Day-Glow" and similar super-bright colors are prohibited.
E. Traffic Sensitive Residential and Open Space Districts (RMA, R10A, R20A, R-40A, R-60A, MTA, PA, OSA)
(1) The intent of sign regulation in this district is to maintain the residential character and scenic open space. The significant historic architecture often found within these districts, and the surrounding landscape form the essence of the existing visual quality of the scenic roadside. Special care should be taken with this quality in their style, location, design, and use of materials for signs.
(2) Each business may display not more than one (1) sign.
(3) All signs shall be made of wood or metal.
(4) Interior lit signs are prohibited.
(5) No more than three colors may be used in a sign, except for pictures or illustrations. Signs shall have dark backgrounds with light-colored lettering. Examples of permissible background colors are burgundy red, forest green, chocolate brown, black, charcoal, and navy blue. Examples of permissible lettering colors are ivory, white, or gold. "Day-Glow" and similar super-bright colors are prohibited. (back to top)
(1) Signs must be maintained in a secure and safe condition. If the Sign Officer is of the opinion that a sign is not secure, safe, or in a good state of repair, a written notice describing the defect shall be given to the person responsible for the maintenance of the sign. If the defect is not corrected within thirty (30) days from receipt of the notice, the Sign Officer shall issue a citation of violation.
(2) Any sign which has deteriorated to such an extent that the cost of restoration would exceed 50% of the replacement cost, shall not be repaired or rebuilt or altered except to conform to the requirements of this ordinance. (back to top)
A. Permits
(1) Except for nonconforming signs and signs permitted by right, no sign shall be displayed until a sign permit has been issued. A grand opening sign does not require a regular sign permit, but does require a special grand opening sign permit, and is subject to all requirements of this Section except that the Sign Officer is authorized to reasonably modify the requirements of Subsection (3).
(2) Applications for sign permits shall be on forms prescribed by the Sign Officer and may be submitted by the owner of the land or building, or by any person who has the authority to erect the proposed sign. Applications for signs not submitted by the property owner must contain the written permission of such owner.
(3) As a part of the application, applicants must submit a scale drawing of the proposed sign specifying its dimensions, materials, illumination, letter sizes, colors, mounting methods, support systems, and location with all relevant measurements.
(4) Applications shall be submitted with the proper fee as established by the Town Council and, for illuminated signs, any required electrical permit.
(5) Permits shall be issued only if the Sign Officer determines that the sign will comply with all applicable provisions of this ordinance and the State Building Code.
(6) The Sign Officer shall approve or disapprove applications within 30 days of receiving a completed application together with the required fee.
B. Enforcement
The Sign Officer, who shall be designated by the Town Council, is hereby authorized to enforce this ordinance. The Sign Officer may order the repair or removal of any sign and its supporting structure which is judged dangerous, or in disrepair, or which is erected or maintained contrary to this ordinance.
C. Removal of Signs
(1) Any sign which has been ordered removed by the Sign Officer, or is abandoned or discontinued, shall be removed by the person, firm, property owner, or corporation responsible for the sign within thirty (30) days of written notice to remove.
(2) Temporary signs announcing yard sales or garage sales shall be removed within 24 hours after the end of the sale.
D. Penalties
Violation of any provision of this ordinance or any lawful order of the Sign Officer shall be subject to a fine of not more than $100.00 per offense. Each day that such violation continues shall constitute a separate offense. (back to top)
The following illustrations of sign design standards are intended for guidance only.