This chapter shall be known as the "Sign Ordinance
of the City of Middletown, Orange County, New York."
For the purpose of this chapter and any other
pertinent laws and regulations, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
AWNING
A roof-like covering of canvas or duck attached to a metal
frame and attached to or supported entirely from a building.
BILLBOARD
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the lot or building on which such sign is situated.
FRONT FACE
The outer surface of a building which fronts on any private
or public street.
ILLUMINATED SIGN
Any sign illuminated by electricity, gas or other artificial
light, including reflective or phosphorescent light.
INTERIOR SIGN
Any sign that is affixed to or painted on the interior of
a window or any sign located within three feet of the inside face
of the window, which sign is designed to be visible from the exterior
of the window.
MARQUEE SIGN
A sign attached to a marquee, canopy or other covered structure
projecting from and supported by the building.
OVERHANGING SIGN
A sign designed to project beyond the front face and perpendicular
to it.
PERSON
Any person, firm, corporation, partnership, association,
company, institution or organization of any kind.
REAL ESTATE SIGN
A temporary sign pertaining to the sale, rental or lease
of the premises on which the sign is displayed.
ROOF SIGN
A sign which is erected, constructed or maintained on, above
or as part of the roof of any building.
SIGN
Any structure or part thereof or any device attached to a
building, pole, tree, structure or device or painted or represented
thereon, which shall display or include any letter, word, model, banner,
pennant, insignia, device, trade flag, symbol or representation which
is in the nature of or which is used as an announcement, direction
or advertisement for commercial purposes or otherwise. "Sign" includes
any message, neon tube, string of lights or similar device outlining,
hung, painted upon or attached to part of a building or lot, but does
not include the flag or insignia of any nation or group of nations
or of any governmental agency. Excluded from this definition are signs
not to exceed four square feet in area, unless they are overhanging.
SIGN AREA
Shall be measured as follows:
A.
When such sign is on a plate or framed or outlined,
all of the area of such plate or the area enclosed by such frame or
outline, including such frame or outline, shall be included.
B.
When such sign consists only of letters, designs
or figures engraved, painted, projected or in any manner affixed on
a wall, the total area of such sign shall be deemed the area of the
smallest triangle, rectangle or circle within which all of the matter
of which such sign consists may be inscribed.
TEMPORARY SIGN
A sign which is designed to advertise or announce a particular
event or series of events or to announce the availability for sale
of a particular item or items which will be available for a limited
period.
WALL SIGN
A sign which is attached directly to the building and is
parallel to the building.
If the Commissioner of Public Works or his designee
shall find that any sign regulated herein is unsafe or insecure or
is a menace to the public or has been erected in violation of the
provisions of this chapter, he shall give written notice to the permittee
thereof. If the permittee fails to move or alter the sign so as to
comply with the standards herein set forth within 14 days after such
notice, such sign may be removed or altered to comply by the Commissioner
of Public Works or his designee, at the expense of the permittee or
owner of the property on which it is located. The Commissioner of
Public Works or his designee shall refuse to issue a permit to any
permittee or owner who refuses to pay costs so assessed. The Commissioner
of Public Works or his designee may cause any sign which is an immediate
peril to persons or property to be removed summarily and without notice.
An interior sign or combination of signs, temporary
or permanent, shall not cover more than 50% of each window upon which
or in which it is affixed, displayed or painted.
Signs shall not be permitted on any marquee,
other than signs built into and forming a part of the structure of
the marquee. Such signs shall not exceed a height of three feet and
a total area of 21 square feet on any one side of the marquee and
shall not extend beyond the edge of the marquee. In addition to the
foregoing, only that portion of the marquee containing such sign may
be illuminated.
Wall signs, as defined in this chapter, shall be attached to the face of the building in a plane parallel to such face. Such sign shall not extend or project more than eight inches from the face of the building. Any such sign which overhangs any publicly owned property shall be insured in accordance with §
394-15. Any such sign shall not extend higher than the top of the parapet in case of one-story buildings, and in the case of other buildings, they shall not extend above the sill of the windows of the second story nor extend more than 15 feet above the outside grade. No wall sign or combination of signs on any single frontage in a business district shall exceed an area equivalent to 100% of the linear length of the structure on such frontage or a maximum of 50 square feet, whichever is less. Where an establishment for which signs are permitted has a rear entrance on a public way or parking lot or frontage on two or more streets, such as a corner, signs shall be permitted on each frontage, up to the maximum permitted for that frontage. (Examples of permitted sign size: a store with a twenty-foot frontage will be permitted a sign or signs up to a total of 20 square feet. If the store has a frontage of 50 feet, it would be permitted a sign or signs up to a maximum of 50 square feet. Where an establishment is a corner structure, with twenty-foot frontages, up to 20 square feet of sign would be permitted in each frontage.) Wall signs shall not cover wholly or partially any wall opening, including doors, fire escapes and windows, nor project beyond the ends of the wall to which it is attached. All such signs must be safely and adequately attached to said building wall by means satisfactory to the Commissioner of Public Works or his designee. Within an industrial district, one sign not exceeding 100 square feet is permitted for each street frontage from which access is provided to the lot.
Each establishment in a business district shall be permitted one overhanging sign which shall project not more than 48 inches from the perpendicular face of the building and shall not exceed 10 square feet in area. Such signs shall be limited to frontage on public streets and mall areas. All overhanging signs shall be constructed of such material and in such workmanlike manner as shall make them safe and satisfactory to the Commissioner of Public Works or his designee. The bottom of such sign shall be a minimum of nine feet or a maximum of 12 feet above the sidewalk and shall not extend beyond the curbline or into any areas which are accessible to service or emergency vehicles or interfere with fire fighting. Any such sign which overhangs any publicly owned property shall be insured in accordance with §
394-15.
[Amended 9-27-1993; 4-1-2001]
A. Definitions. For the purposes of this section, the
following words have the meanings respectively ascribed to them except
where the context clearly indicates a different meaning:
BUILDING LOT
Any piece or parcel of land or a portion of a subdivision,
the boundaries of which have been established by some legal instrument
of record that is recognized and intended as a unit for the purposes
of transfer of ownership.
POST
To erect, attach, or affix in any manner, including, without
limitation, nailing, tacking, gluing, pasting, painting, staking,
marking or writing.
PUBLIC RIGHT-OF-WAY
The entire area between property boundaries which is owned
by a government, dedicated to public use, or impressed with an easement
for public use, which is primarily used for pedestrian or vehicular
travel, and which is publicly maintained, in whole or in part, for
such use, and includes, without limitation, the street, gutter, curb,
shoulder, sidewalk, sidewalk area, parking or parking strip and any
public way.
REAL ESTATE SIGN
A sign indicated the availability for sale, rent or lease
of the specific lot, building or portion of a building upon which
the sign is posted.
SIGN
Any writing, pictorial representation, illustration, decoration
(including any material used to differentiate sign copy from its background),
landscaping form, emblem, symbol, design, trademark, banner, flag,
pennant, captive balloon, streamer, spinner, ribbon, sculpture, statute,
or any other figure or character that:
(1)
Is a structure or any part thereof (including
the roof or wall of a building); or
(2)
Is written, printed, projected, painted, constructed
or otherwise placed or displayed upon or designated into landscaping
or a structure or a board, plate, canopy, awning, marquee or vehicle,
or upon any material object or device whatsoever; and
(3)
By reason of its form, color, wording, symbol,
design, illumination, or motion attracts or is designed to attract
attention to the subject thereof or is used as a means of identification,
advertisement, or announcement or political or artistic expression
or decoration; but
(4)
Landscaping constitutes a sign only to the extent
that it is planted, trimmed, graded, arranged or installed in such
a manner as to convey an explicit commercial message.
TEMPORARY SIGN
A sign which is designed to advertise or announce a particular
event or series of events or to announce the availability for sale
of a particular item or items which will be available for a limited
period excluding yard sales or garage sales.
[Amended 9-15-2015]
B. Temporary signs permitted in all zones. Temporary signs may be posted on properties in all zones, without obtaining a permit, except for those signs falling within the purview of Subsection
C of this section. Temporary signs are subject to the following requirements and all other applicable provisions stated in this chapter.
[Amended 8-12-2002]
(1) The total square footage for temporary signs posted
on a building in an R-1 Zone, in the aggregate, shall not exceed 12
square feet.
(2) No temporary sign shall obstruct or impair access
to a public sidewalk, public or private street or driveway, traffic
control sign, bus stop, fire hydrant, or any other type of street
sign or otherwise create a hazard, including a tripping hazard.
(3) A temporary sign shall be designed to be stable under
all weather conditions, including high winds.
(4) No temporary sign shall be illuminated or painted
with light-reflecting paint.
(5) A temporary sign shall only be posted with the consent
of the property owner or occupant.
(6) A temporary sign may be posted for a period of up
to 60 days, at which time the sign shall be removed or replaced.
C. Authorization required for posting of temporary signs
in public right-of-way. Temporary signs shall not be posted in the
public rights-of-way without obtaining a permit for such posting from
the Department of Public Works pursuant to the City of Middletown's
policy regarding the posting of signs in the public right-of-way.
This restriction includes the posting of temporary signs on trees,
utility poles and other structures within the rights-of-way.
D. Removal requirements for temporary signs connected to an event. In
addition to the requirements stated above, temporary signs shall comply
with the following requirements: all temporary signs which are connected
to an event, including those announcing special events to occur on
one or more particular dates, shall be removed within 14 days of the
conclusion of the sale or event that the sign is promoting.
[Amended 9-15-2015]
E. Real estate signs. Real estate signs shall be for
the sole purpose of advertising the sale of the premises upon which
the sign is located.
(1) One temporary nonilluminated real estate sign shall
be permitted for each residential parcel.
(2) Such sign shall exceed six square feet in total area.
(3) Such sign shall not be placed higher than six feet
above the ground.
F. Removal or replacement of signs.
(1) The person who has posted or directed the posting
of a temporary sign is responsible for the removal or replacement
of that sign in accordance with this section.
(2) If that person does not remove or replace the temporary
sign in accordance with this section, then the property owner or occupant
of the building lot where the sign is posted is responsible for the
sign's removal or replacement.
(3) The Department of Public Works is authorized to remove
any temporary signs posted in violation of this section that are not
removed or replaced in accordance with the provisions above. Temporary
signs posted on private property in violation of this section shall
be deemed a public nuisance.
(4) The Department of Public Works may immediately remove
temporary signs posted on public property or rights-of-way in violation
of this section and file a civil complaint against the person who
posted the sign to recover the cost of removing the sign.
G. Variance. Any person seeking adjustments to the application of this section to the posting of a temporary sign shall file an application with the Zoning Board of Appeals as if the applicant were seeking an area variance in accordance with Chapter
475, Zoning.
H. Penalties. Any person who violates any provision of
this section shall be guilty of a violation and shall be subject to
a fine not to exceed $250 for each offense or by imprisonment for
a period not exceeding 15 days, or by both such fine and imprisonment.
Each day that a violation is permitted to exist shall constitute a
separate offense. The City may also seek injunctive relief to prevent
the continued violation of this chapter.
[Amended 11-15-2010]