Middletown City Zoning Code
ARTICLE XVII
Signs
§ 260-175 Definitions.
[Amended 2-4-2025 by Ord. No. 1418, approved 2-4-2025]
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.
TEMPORARY SIGNAny sign used, or designed to be used, for a short period of time and which is not affixed to a location on a building, structure or anchored into the ground. A temporary sign includes but is not limited to wire frame signs and the like.
PERMANENT SIGNAny sign used, or designed to be used, for long-term or indefinite use and is affixed to a location on a building, structure or anchored into the ground.
Signs may be 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.
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 eight 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.
§ 260-176 Permit required sign categories.
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.
§ 260-177 General sign regulations.
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.
§ 260-178 Exempt signs.
[Amended 2-4-2025 by Ord. No. 1418, approved 2-4-2025]
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 noncommercial flags and plaques. Flags and plaques that are decorative or contain designs marking seasons, holidays, welcome, sports, and the like are permitted. Flags may be no larger than 40 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, whether a business is open or closed, availability of a public telephone, directions to an entrance or parking area, or the like, 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 sign advertising the services of professionals, including but not limited to mechanics, contractors, architects or realtors, on the property where the services are being performed, may be maintained only during the duration of the work being done at the property, or during the duration of the marketing 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. 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 event or activity signs on residential properties. Any temporary sign related to an event or activity may be erected or displayed and maintained, provided that:
(a)
The signs are erected or displayed by the owner or lessee of the parcel of real property on said parcel or with the express permission of the owner or lessee of the parcel of real property;
(b)
The size of any sign is not in excess of six square feet;
(c)
The sign shall not be erected or displayed earlier than 60 days prior to the event or activity to which it pertains;
(d)
The sign shall not be erected or displayed for more than 72 hours after the event or activity to which it pertains; and
(e)
There is no illumination of the sign.
The term "event" or "activity" shall include but is not limited to a yard or garage sale, an election, a holiday or a sporting event.
(12)
Temporary event or activity signs on nonresidential properties. Any sign related to an event or activity may be erected or displayed and maintained, 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.
C.
Enforcement; violations and penalties.
(1)
Remedies for violations of the foregoing sections shall include the penalties set forth in § 260-230 of this chapter.
(2)
If a sign remains erected or displayed and maintained for more than the time permitted under this article, the Code Enforcement Officer shall provide notice of the violation to the responsible owner, tenant or person in control of the premises, which shall include the section of the Code of the Borough of Middletown that is being violated, and a warning that if the sign is not removed within 72 hours, it will be removed by a Code Enforcement Officer at the expense of the responsible owner, tenant or person in control of the premises. After the warning period has lapsed, the Code Enforcement Officer may remove the sign and provide the violator with a second notice stating that the sign was removed and the section number of the Code of the Borough of Middletown that was violated.
§ 260-179 Prohibited signs.
[Amended 2-4-2025 by Ord. No. 1418, approved 2-4-2025]
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, including but not limited to a sandwich board, sign on wheels, A-frame sign or advertising banner, is prohibited. This prohibition shall not apply to a menu sign, three square feet or less, placed at the entrance to a nonresidential property.
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.
§ 260-180 Permitted signs.
[Amended 2-4-2025 by Ord. No. 1418, approved 2-4-2025]
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.
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.
§ 260-181 Nonconforming signs.
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.