New Middletown City Zoning Code

TITLE NINE

Provisions Affecting Use, Height and Area TITLE NINE - Provisions Affecting Use, Height and Area

1171.01 NONCONFORMING USES.

(a) The lawful use of a building or premises existing at the adoption of this Zoning Code may be continued, although such use does not conform to the regulations of the district in which it is maintained. An existing nonconforming use may be extended throughout a building, provided that no structural alterations are made. An existing nonconforming use of a building or premises in which a nonconforming use has been changed to a more restricted use shall again be devoted to a less restricted use.

(b) Wherever a nonconforming use of a building or portion thereof has been discontinued for a period of at least one year, such nonconforming use shall not thereafter be re-established and the future use shall be in conformity with the provisions of this Zoning Code.

This subsection, however, shall not apply to any discontinuance occurring by reason of a national emergency.

(c) Any nonconforming building or structure used as a dwelling, one family, dwelling, two family, dwelling, multifamily, or apartment house that is damaged by fire, explosion, flood or act of God may be reconstructed and used as before such calamity. Any other nonconforming building or structure damaged by fire, explosion, flood or act of God may be reconstructed and used as before such calamity, providing the building is not substantially destroyed.

(Ord. 2019-01. Passed 2-11-19.)

1171.02 COMPLETION AND RESTORATION OF EXISTING BUILDINGS.

Nothing herein contained shall require any change in the plans, construction or intended use of a building for which a building permit has been issued prior to the effective date of this Zoning Ordinance and the construction of which shall have been diligently prosecuted within six month of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed according to such plans as filed within two years from the date of the passage of this Zoning Ordinance. Nothing contained herein shall prevent the restoration of a wall declared unsafe by the Building Inspector.

(Ord. 1989-7. Passed 7-27-89.)

1171.03 CORNER LOT TRANSITION.

On every corner lot in a residential district there shall be provided on the side street a side yard equal to one-half the required front yard depth on such side street.

(Ord. 1989-7. Passed 7-27-89.)

1171.04 FENCES.

(a) No fence shall be erected upon any lot without first obtaining the approval of the Planning Commission. Such permission shall not be withheld if the fence is six feet or less in height and is to be erected within the owner's property line.

(Ord. 1992-5. Passed 5-28-92.)

(b) All fences erected in the limits of the Village shall be erected at least three feet from the property line boundary of the lot on which such fence is erected.

(Ord. 1996-13. Passed 7-8-96.)

(c) No fence, wall or hedge in excess of three feet in height shall be permitted within fifty feet of the intersection of two streets on any corner lot situated at the intersection of two streets.

(Ord. 1996-18. Passed 7-8-96.)

1173.01 GENERAL PROVISIONS.

Except as hereinafter provided, no building or premises shall be altered or used so as to produce greater heights, smaller yards or less unoccupied area, and no building shall be occupied by more families than hereinafter permitted for such building for the district in which it is located. No lot which is now or may be hereafter improved as herein required shall be so reduced in area, that the yards and open spaces shall be smaller than prescribed by this Zoning Code; and yard or open space provided about any building as shown on the plat thereof, accompanying the application for a building permit for the purpose of complying with the provisions hereof, shall again be used as a yard or other open space for another building.

(Ord. 1989-7. Passed 7-27-89.)

1173.02 "R-1" LIMITED RESIDENTIAL DISTRICT.

In any "A" Residence District, the following limitations and requirements shall apply:

(a) Height. No dwelling shall exceed twenty-five feet or two stories in height. Other permitted buildings, except accessory buildings, may be built to a greater height provided any such building sets back from every street and lot line, one foot for each foot of height of the building in excess of twenty-five feet, in addition to the other yard and set-back requirements herein specified.

(b) Rear Yards. There shall be a rear yard on every lot in an “R-1” Limited Residential District which rear yard shall have a minimum depth of 30 feet between the building constructed on said lot and the rear yard boundary line.

In the case of a corner lot, no wall of an accessory building shall be nearer to a side street line than the side line of the main building and it shall be as far from the side street line as the minimum setback required for the main building.

(c) Side Yards. There shall be a side yard on each side of every building except as heretofore provided for accessory buildings. The minimum width of any side yard and the least sum of the the widths of both side yards shall be not less than as follows:

There shall be a side yard on each side of every buidling, used for residential living purposes, with at least a length of 15 feet from the side property boundary line.

No building shall be erected, reconstructed or altered so as to project in any manner beyond a line which is a distance from the street line a length of 30 feet.

Steps, stoops, patios or uncovered porches which do not extend more than eight feet beyond the front wall of the building area are exempt from the foregoing provisions.

(e) Lot Area. The minimum lot area requirements shall not be less than as follows:

One-family dwelling---6000 sq. ft.

Two-family dwelling---7000 sq. ft.

(f) Lot Width. The minimum lot width for each dwelling shall be not less than seventy-five feet at the set-back line.

(g) Distance from Adjacent Buildings. The minimum distance between main buildings on adjacent lots shall not be less than as follow:

No. of Stories (1), Minimum Distance between buildings (10) feet. No. of stories (1 1/2) and (2). Minimum distance between building (14) ft.

(h) Gross Area of Building. No more than thirty-five percent (35%) of the area of any lot may be covered by dwelling and accessory buildings.

(i) Dimensions of Dwellings. The minimum horizontal dimensions of any one-family dwelling shall be not less than twenty-four feet, and the minimum ground floor area shall be not less than 1000 square feet. The minimum horizontal dimensions of any two-family dwelling shall be not less than twenty-four feet, and the minimum ground floor area or the minimum floor area per family unit shall be not less than 600 square feet.

(Ord. 1989-7. Passed 7-27-89; Ord. 1996-3(a). Passed 7-8-96; Ord. 2018-06. Passed 9-10-18.)

1173.03 "R-1" RESIDENTIAL DISTRICT.

In "R-1" Residential Districts, the following limitations and requirements shall apply:

(a) Height. No dwelling shall exceed thirty-five feet or two and 2 1/2 stories in height. Other permitted buildings, except accessory buildings, may be built to a greater height provided any such building sets back from every street and lot line, one foot for each two feet of height of the building in excess of thirty-five feet, in addition to the other yard and set-back requirements herein specified.

(b) Rear Yards. There shall be a rear yard on every lot in an “R-1" Residential District which rear yard shall have a minimum depth of 30 feet between the building constructed on said lot and the rear yard boundary line.

Accessory buildings no greater in height than the main buildings on the same or adjacent lots nor greater in height than fifteen feet may be located in a rear yard; provided, such buildings occupy not more than twenty-five percent (25%) of the rear yard area; provided further, that such accessory buildings come not nearer than three feet to any lot line nor nearer than six feet to another accessory building nor nearer than twelve feet to a main building unless attached thereto. In the case of a corner lot, no wall of an accessory building shall be nearer to a side street line than the side line of the main building and it shall be as far from the side street line as minimum set-back required for the main building.

(c) Side Yards. There shall be a side yard on each side of every main building except as heretofore provided for accessory building. The minimum width of any side yard and the least sum of the widths of both side yards, shall be not less than as follows:

There shall be a side yard on each side of every building, used for residential living purposes, with at least a length of 15 feet from the side property boundary lines.

(d) Set-back Line. No building shall be erected, reconstructed or altered, so as to project in any manner beyond a line which is distant from the street line, the average distance therefrom of the buildings fronting on the same side of the street within the same block. No building shall be erected, reconstructed or altered so as to project in any manner beyond a line which is a distance from the street line a length of 30 feet.

The above provisions do not include steps, uncovered porches, and covered but unenclosed porches on the first story which do not extend more than ten feet in front of the front wall of the building; provided, however, that no such part of the building shall be nearer than ten feet to the street line.

(e) Lot Area. The minimum lot area requirements shall be no less than as follows:

One-family dwellings---5000 sq. ft.

Two-family dwellings---6000 sq. ft.

Multi-family dwelling.

Three-dwelling units---7000 sq. ft.

Four-dwelling units---8000 sq. ft.

(f) Distance from Adjacent Buildings. The minimum distance between main buildings on adjacent lots shall be not less than as follows:

No. of Stories (1) and (1 1/2). Minimum distance between buildings (10) ft.

No. of stories (2) and (2 1/2). Minimum distance between buildings (12) ft.

(g) Gross Area of Buildings. No more than thirty-five percent (35%) of the area of any lot may be covered by dwelling and other accessory buildings.

(h) Dimensions of Dwellings. The minimum horizontal dimensions of any dwelling shall be not less than twenty-four feet, and the minimum ground floor area shall be not less than 672 square feet.

(i) Lot Width. The minimum lot width for each dwelling shall be not less than seventy-five feet at the set-back line.

(Ord. 1989-7. Passed 7-27-89; Ord. 1996-3(b). Passed 7-8-96; Ord. 2018-06. Passed 9-10-18.)

1173.04 "R-2" RESIDENTIAL DISTRICT.

In "R-2" Residential Districts, the following limitations and requirements shall apply:

(a) Height. No dwelling shall exceed thirty-five feet or two and one-half stories in height. Other permitted buildings except accessory buildings may be built to a greater height provided any such building sets back from every street and lot line, one foot for each two feet of height of the building in excess of thirty-five feet, in addition to the other yard and set-back requirements herein specified.

(b) Rear Yards. There shall be a rear yard on every lot in an “R-2" Residential District which rear yard shall have a minimum depth of 30 feet between the building constructed on said lot and the rear yard boundary line.

Accessory buildings no greater in height than the main buildings on the same or adjacent lots nor greater in height than fifteen feet may be located in the rear yard; provided, such accessory buildings come not nearer than three feet to any lot line nor nearer than six feet to another accessory building nor near than twelve feet to a main building unless attached thereto.

In the case of a corner lot, no wall of an accessory building shall be nearer to a side line than the line of the main building and it shall be as far from the side street line as the minimum set-back required for the main building.

(c) Side Yards. There shall be a side yard on each side of every building except as heretofore provided for accessory buildings. The minimum width of any side yard and the least sum of the widths of both side yards, shall be not less than as follows:

There shall be a side yard on each side of every building, used for residential living purposes, with at least a length of 15 feet from the side property boundary lines.

No building shall be erected, reconstructed or altered so as to project in any manner beyond a line which is a distance from the street line a length of 30 feet. The above provisions do not include steps, uncovered porches, and covered but unenclosed porches on the first story which do not extend more than ten feet in front of the front wall of the building provided, however, that no such part of the building shall be nearer than ten feet to the street line.

(e) Lot Area. The minimum lot area requirements shall be not less than as follows:

One-family dwelling---5000 sq. ft.

Two-family dwelling---6000 sq. ft.

Multi-family dwellings:

Three dwelling units---7000 sq. ft.

Four dwelling units---8000 sq. ft.

Dwellings or apartments housing more than four families shall have a lot area of not less than eight than 8000 square feet, which such area shall be increased for each additional family or dwelling unit in excess of four as follows:

No. of rooms (1). Lot area required per dwelling unit 900 square feet.

No. of rooms (3). Lot area required per dwelling unit 1200 square feet.

No. of rooms (4) or more. Lot area required per dwelling unit (1500) sq. ft.

In the case of dwelling or apartment buildings having more than four dwelling units, the rooms used only for living and sleeping purposes shall be included in the count.

(f) Distance from Adjacent Buildings. The minimum distance between main buildings on adjacent lots shall be not less than as follows:

No. of stories (1) and (1 1/2). Minimum distance between buildings ten feet.

No. of stories (2) and (2 1/2). Minimum distance between buildings twelve feet.

(g) Gross Area of Buildings. No more than forty percent (40%) of the area of any lot may be covered by dwelling and other accessory buildings.

(h) Dimensions of Dwellings. The minimum horizontal dimension of any dwelling shall be not less than twenty-four feet, and the minimum ground floor area shall be not less than 576 square feet.

(Ord. 1989-7. Passed 7-27-89; Ord. 1996-3(c). Passed 7-8-96; Ord. 2018-06. Passed 9-10-18.)

1173.05 "BC" BUSINESS AND COMMERCIAL DISTRICT.

In a "BC" Business District the following limitations and requirements shall apply:

(a) Height. No building shall exceed forty-five feet or three stories in height, except that churches, hospitals, schools or any other public building permitted may be built to a greater height, provided any such building set back from every street and lot line, one foot for each two feet of height of building in excess of forty-five feet, in addition to the other yard and set-back requirements herein specified.

(b) Rear Yard. There shall be a rear yard on every lot in a “BC” Business and Commercial District which rear yard shall have a minimum depth of 50 feet between the building constructed on said lot and the rear yard boundary line. Every building not used exclusively for residence purposes or as an accessory building thereto and extending back to an alley shall provide on such lot adequate space for the loading and unloading of trucks and commercial vehicles servicing such building, provided however, that the loading space requirements may be modified however, or waived by the Planning Commission in the case of a bank, theater, assembly hall or other building or similar limited loading space requirements. Every building or part of a building used for residence purposes shall have a rear yard, the minimum depth of which shall be not less than twenty feet, which depth shall be increased by three feet for each story above the first story.

Accessory buildings no greater in height than the main building on the same lot nor greater in height than fifteen feet may be located in a rear yard, provided the accessory buildings occupy not more than twenty-five percent (25%) of the rear yard area.

(c) Side Yard. There shall be a side yard on each side of every building, used for Business or Commercial purposes, with at least a length of 15 feet from the side property boundary lines.

Where a building is designed for both commercial and dwelling purposes, outer courts may be substituted in lieu of side yards for that part of the building used for dwelling purposes. At any given level such outer court shall be one foot in width for each two feet of height of the highest wall abutting such court but in no cases shall such width be less than five feet.

Whenever any room in which people live or sleep cannot be lighted and ventilated from a street, rear yard, side yard or outer court, an inner court must be provided. Any any given level such inner court shall be at least nine inches wide for each one foot of height of the highest wall abutting such inner court but in no case shall an inner court be less than ten feet wide.

(d) Set-back Line. No building shall be erected, reconstructed or altered so as to project in any manner beyond a line which is a distance from the street line a length of 50 feet. Where the mutual boundary of a "BC" Business and Commercial District and any Residential District occurs within a city block, the set-back, line requirements for the lots included in the "BC" Business and Commercial District shall be a continuance of the set-back line requirements of the Residential District portion of the block except that with the approval of the Planning Commission, an intersecting alley may be used as a point of transition for a set-back line requirements.

No cornice, eave, balcony or any other part of any building in the "BC" Business and Commercial District shall extend beyond the street line above grade.

A detachment or detached dwelling erected, reconstructed or altered in a "BC" Business and Commercial District, shall conform to the set-back line requirements of Section 1173.05(d).

(e) Lot Area. The minimum lot area requirements for dwellings shall be as required by Section 1173.05(e). Minimum lot areas shall not be required for other types of permitted buildings except such area as is incidental to the requirements specified elsewhere in the Zoning Ordinance.

(f) Gross Area of Buildings. No more than forty percent (40%) of the area of any lot may be covered by a detached dwelling and its accessory buildings.

Other permitted buildings shall not be restricted in gross area except as is incidental to the other requirements of this Section.

(g) Dimensions of Buildings. The minimum horizontal dimension of any detached dwelling shall be not less than twenty-eight feet, and the minimum ground floor area shall be not less than 896 square feet. There shall be no minimum requirements for dimensions and areas for other permitted buildings.

(Ord. 1989-7. Passed 7-27-89; Ord. 1996-3(d). Passed 7-8-96; Ord. 2018-06. Passed 9-10-18.)

1173.06 "L-1" LIGHT INDUSTRIAL DISTRICT.

In a "L-1" Light Industrial District the following limitations and requirements shall apply:

(a) Height. No building shall exceed seventy-five feet or six stories in height unless that portion of the building which is higher be set back from every street and lot line, one foot for each three feet of height in excess of seventy-five feet or six stories.

(b) Rear Yard. Along any boundary line between an Industrial District and Residential District, a rear yard shall be required; except as hereinafter provided the minimum depth of such rear yard shall be not less than sixteen feet, increased by two feet for each story above the first story, provided however, that the width of abutting alleys may be included in the rear yard measurements. Every building not used exclusively for residence purposes or as an accessory thereto and extending back to an alley, shall provide on such lot adequate space for the loading and unloading of trucks and commercial vehicles serving such building, provided however, that the Planning Commission may modify or waive loading space requirements for such buildings and uses the nature of which does not require such loading space.

Every building or part of building used for residence purposes shall have a rear yard, the minimum depth of which shall not be less than twenty feet, which depth shall be increased by three feet for each story above the first story.

Accessory buildings no greater in height than the main building on the same lot nor greater in height than fifteen feet, may be located in the rear yard, provided the accessory buildings occupy not more than twenty-five percent (25%) of the rear yard area.

(c) Side Yard. There shall be a side yard on the abutting side of any building abutting a Residential District, which side yard shall have a minimum width of not less than five feet increased by one foot for each story above the first story except as hereinafter provided. Intervening streets or alleys may be included in the side yard measurements. There shall be a side yard on each side of every building or portion of a building used as a dwelling, which side yard shall have a minimum width of not less than five feet, increased by one foot for each story above the first story.

(d) Set-back Line. Where the mutual boundary of an Industrial District and any Residential District occurs within a city block the set-back line requirements of the lots included in the Industrial District shall be a continuance of the set-back line requirements of the Residential District portion of the block except that with the approval of the Planning Commission, an intersecting alley may be used as a point of transition for set-back line requirements. A detached dwelling erected, reconstructed, or altered in an Industrial District shall conform to the requirements of Section 1173.05(h).

(e) Dimensions of Buildings. The minimum horizontal dimensions of any detached dwelling shall be not less than twenty-four feet and the maximum ground floor area shall be not less than 672 square feet.

There shall be no minimum requirements for dimensions and areas of other buildings.

(f) Gross Area of Buildings. No more than forty percent (40%) of the area of any lot may be covered by a detached dwelling and its accessory buildings.

Other permitted buildings shall not be restricted in gross area except as is incidental to the other requirements of this Section.

(Ord. 1989-7. Passed 7-27-89; Ord. 2018-06. Passed 9-10-18.)

1173.07 "C-1" INDUSTRIAL DISTRICT.

(EDITOR’S NOTE: Former Section 1173.07 was repealed by Ordinance 1996-10, passed July 8, 1996.)

1173.08 "D" SANITARY DISTRICT.

(EDITOR’S NOTE: Former Section 1173.08 was repealed by Ordinance 1996-11, passed July 8, 1996.)

1175.01 TRAILERS.

Any vehicles or structure designed and constructed so as to permit occupancy thereof as sleeping quarters for one or more persons, and so designed that it is or can be mounted on wheels and used as a conveyance on highways, propelled or drawn by its own or other motive power shall not be used as a dwelling. It is the intent hereof to prohibit the use as dwellings of what are commonly known as automobile trailers and/or camping trailers.

(Ord. 1989-7. Passed 7-27-89.)

1175.02 TRAILER PARKS.

Trailer parks shall not be a permitted use in either a Residence or a Business District, without the approval of the Planning Commission.

(Ord. 1989-7. Passed 7-27-89.)

1177.01 PURPOSE.

The purpose of this chapter is to promote and protect the public health, welfare, and safety of the residents in the Village of New Middletown by regulating outdoor signs of all types. It is intended to protect property values, create a more attractive economic and business climate, and to enhance and protect the physical appearance of the Village. It is further intended to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public right-of-way, curb the deterioration of natural environment and enhance Village development.

(Ord. 2000-04. Passed 10-9-00.)

1177.02 DEFINITIONS.

As used in this chapter:

(a) “Advertising” means any writing, printing, painting, display, emblem, drawing, sign, or other device designed, used or intended for advertising, whether placed on the ground, rocks, tree, tree stump, or other natural structures or on a roofboard, frame, support, fence, or other man made structure, and any such advertising is a structure within the meaning of the word “structure” as used in this chapter.

(b) “Advertising Sign” means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered.

(d) “Awning/Canopy Sign” means any sign which is affixed to or made part of a canopy or awning.

(e) “Banner Sign” means any sign having the characters, letters, illustrations or ornamentation’s applied to cloth, paper or fabric. This shall include balloons or any animated or fluttering devices designed to attract attention but shall not include national, state, municipal or church flags.

(f) “Barber Pole” means a logo, moving or stationary which is mounted at a barbershop location and which is normally and customarily used for identifying the location of a barbershop. Such logo may or may not identify the shop owner.

(g) “Billboards” means a type of advertising sign, which is either erected on the ground or attached to or supported by a building or structure, which sign’s graphic information is not directly related to the principal use of the land on which the sign is located.

(h) “Business Sign” means a sign which directs attention to the business or profession conducted on the premises.

(i) “Church or Institutional Sign” means any sign erected by or on behalf of, a political subdivision of this state or a not-for-profit organization having a charitable, civic, cultural, educational or similar community purpose.

(j) “Construction Sign” means a temporary, non-illuminated sign identifying the owner, contractor, subcontractor, material supplier, or architect, engineer and/or financial institution affiliated with the project or participating in construction on the property on which the sign is located and where contiguous construction activities is in progress.

(k) “Erect” or “Erected” when used in connection with signs shall mean to build, construct, attach, hang, place, suspend or affix and shall also include the painting of wall signs.

(l) “Exempt Sign” means a sign exempted from normal permit or fee requirements in accordance with Section 1177.06 of the Codified Ordinances.

(m) “Flag” means a piece of cloth used as the national, state, municipal, school or church symbol properly displayed in accordance with published federal, state, municipal, school or church adopted guidelines and displayed on a designated pole or located in a proper holder or in other ways approved by appropriate national, state, municipal, school or church agency.

(n) “Freestanding Sign” means a sign which is supported by one or more columns, uprights or braces in or upon the ground. Also see “Ground Signs”.

(o) “Garage Sale Sign” means a temporary sign for the purpose of advertising a garage sale event.

(p) “Ground Sign” means a sign supported by a pole, uprights, or braces on the ground. Also see “Freestanding Signs”.

(q) “Hanging Sign” means a sign that is attached to a horizontal surface or structure.

(r) “Home Occupation Sign” means an advertising sign that advertises a customary home occupation carried on in the residence of the occupant.

(s) “Multiple Housing Project” means a housing or condominium development.

(t) “Mobile Signs” means a sign that may be hauled or towed from one location to another, are self-supporting and, when placed, are not permanently attached to the ground or building.

(u) “On-Premises Sign” means a sign or sign devise, indicating the business transaction, services rendered, goods sold or produced on the premises on which the sign is located, including name of the business, name of the person, firm or corporation occupying the premises.

(v) “Owner” means the person owning the fee-simple title to the property upon which a sign is located for which a permit is required.

(w) “Permanent Sign” means any sign not defined as a “Temporary Sign”.

(x) “Political Sign” means a temporary sign erected by a political candidate, group, or agent thereof for political purposes.

(y) “Portable Sign” means all moveable or portable advertising or business sign mounted upon trailers or other structures or devices designed to be transported with only incidental parking and assembling for reuse.

(z) “Projecting Sign” means a sign which is affixed at a right angle to any vertical building wall or structure and extends beyond the building wall, structure, or building line.

(aa) “Real Estate Sign” means any sign erected by an owner or his agent, advertising the property upon which the sign is located as for rent or sale. Such signs shall not include rooming house signs.

(bb) “Roof” Sign or “Roof Top Sign” means a sign that is mounted on the roof of a building or which is wholly dependent upon a building roof for support or any sign erected upon, against or directly above a roof or on top of or above the parapet of a building.

(cc) “Shopping Center Sign” means any sign for a multi-use building with two or more businesses used for the display or sale of goods or services. .

(dd) “Sign” shall mean and include any display, billboard, ground sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee, awning and street clock and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person when the same is placed out-of-doors in view of the general public of designed to be viewed from the public rights-of-way and/or the areas visible to the public.

(ee) “Sign Area” or “Area” when used in connection with the size of a sign means the square foot area enclosed by the perimeter of the sign. The perimeter of the sign shall include all the background material, panel, trim, and color that differentiates the sign from the building, structure, or object on which the sign is attached. The area around and enclosing the perimeter of each sign shall be summed and totaled to determine the total sign area. If the sign is composed of individual letters or symbols using the wall as the background with no added decoration, the sign area shall be calculated by taking the sum of the areas of the smallest contiguous rectangles containing a letter, symbol, or continuous line or lines of advertising matter. Sign area shall be that part of a sign within the perimeter of the sign face, not including the structure and frame.

(ff) “Sign Face” means the part of the sign that is or can be used for advertising purposes.

(gg) “Sidewalk or Sandwich Sign” means a movable sign not secured or attached to the ground.

(hh) “Special Event Sign” means a temporary sign which carries a message regarding a special event or function which is of general interest to the community.

(ii) “Temporary Sign” means any sign, Advertising Banner Sign, pennant, valance, or advertising display constructed of wood, metal cloth, canvas, light fabric, cardboard, wallboard, or other light material, with or without frames, where either by reason of construction or purpose the sign is intended to be displayed for a short period of time only, usually not to exceed a period of thirty (30) days or as otherwise defined in a specific ordinance.

(jj) “Variance” means exceptions to or variations from the strict application of the requirements of this Chapter granted in accordance with Chapter 1115 . No variance from the requirements of this chapter shall be granted to give an applicant advantages over other applicants able to meet existing regulations.

(kk) “Window Sign” means any sign which is painted on, applied to, attached to, hanging in, or projected upon or within the exterior or interior of a building glass area, including doors. For clarification purposes, Window Signs include but are not limited to any identification, message, symbol, insignia, visual representation, logotype or any other form of communication.

(Ord. 2000-04. Passed 10-9-00.)

1177.03 PERMITS.

No person, business or organization shall erect, build, alter, convert, relocate or rebuild a sign without first obtaining a sign permit from the Zoning Administrator in accordance with Section 1113.01 of the Codified Ordinances.

(Ord. 2000-04. Passed 10-9-00.)

1177.04 GENERAL REQUIREMENTS FOR PERMANENT SIGNS.

(a) Permanent Signs. All permanent signs shall be maintained in a safe and secure manner. Should any permanent sign be or become unsafe or unsightly, then upon notification by the Zoning Administrator, the owner shall remove or repair the sign. All permanent signs permitted in the Village are enumerated in this chapter, and only these signs will be permitted. The regulations outlined in subsections (b) and (c) below apply to permanent signs within the Village of New Middletown.

(b) Structure, Size, Type, Location.

(1) All signs must conform to all national, state and local codes.

(2) No sign shall be located so as to constitute a traffic or safety hazard.

(3) No signs shall extend over a sidewalk or other public way, and this shall include all accessory signs and media.

(4) A sign advertising a product or service shall be permitted only on the premises where such product or service is sold or available.

(5) A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business, which is advertises, is no longer conducted on the premises. This includes both the face(s), the poles and supports.

(6) All permanent signs shall be affixed to the ground or attached to a structure by means of adequate wood, aluminum, steel or masonry supports designed to carry the weight of the sign.

(7) All signs shall be secured to prevent any significant movement resulting from the wind.

(8) No sign may be attached to or supported by a tree, utility pole or trash receptacle.

(9) Signs utilizing or containing glass in their construction (excluding lamps) are prohibited.

(10) Advertising banner signs, pennants, streamers, spinning or similar devices shall be permitted but may only be displayed for a period not exceeding thirty days.

(11) No sign shall be located in such a manner as to hinder or prevent free ingress or egress from any door, window or fire escape.

(12) No sign shall be located on a vacant lot unless used for the purpose of advertising the lot for sale or lease.

(13) No sign shall contain words, statements or graphic descriptions of an obscene, indecent or immoral nature.

(14) No animated sign, projecting sign, or revolving or moving sign shall be permitted, except Barber Poles

(15) No sign shall be located nearer than 8 ft. vertically or 4 ft. horizontally from any overhead utility wires or conductors.

(16) Signs and sign structures that project above a building roof/parapet line or are placed on the top of a building structure shall be prohibited.

(17) No fire or other emergency or public sign shall be included in the calculation of permitted sign area.

(18) No permanent advertising signs identifying give-aways, stamps and/or optional purchases secondary to the primary goods or services sold on the premises shall be permitted.

(19) Where a home occupation is permitted, home occupation signs which contain the name and profession of the occupant shall be allowed, provided such signage is not illuminated and does not exceed 2 sq. ft. in size.

(20) In a commercial building, window signs shall be permitted. Such signs, including all temporary signs, must not cover more than fifty percent of total window space. All window signs, both permanent and temporary, must be professionally lettered and designed.

(21) No inflatable signs/devices shall be permitted.

(1) Where permitted, all lighting used in the illumination of signs shall be adequately shielded or shaded, and properly directed so as to not be objectionable to adjacent and surrounding properties.

(2) All lighting shall be internal to the sign or of indirect illumination.

(3) All lighting shall consist of constant illumination, which is uniform in intensity.

(4) No colored lights shall be used in a location or manner in which they might be confused with traffic control devices or vehicular traffic.

(5) All wiring materials used in the construction and operation of electrically illuminated signs shall be installed and maintained in accordance with the local and national electric codes.

(6) Flashing illumination or illumination which involved movement or causes the illusion of movement resulting from the arrangement of lighting, shall not be permitted. (Ord. 2000-04. Passed 10-9-00.)

1177.05 TEMPORARY SIGNS.

Construction signs, political signs, real estate signs, garage sale signs and temporary portable special event signs, where permitted, shall be considered temporary signs and shall be permitted subject to the provisions specified in this chapter. Except as otherwise specifically permitted by this Chapter, no other temporary signs shall be permitted

(a) Construction Signs. Construction signs shall not be permitted except as approved by the Board, subject to reasonable limitations, including the following:

(1) Construction signs shall not be illuminated.

(2) Only one construction sign having no more than two individual sign faces shall be permitted per construction site. No sign face shall be more than thirty-two square feet.

(3) Construction signs may identify the name of the building or project under construction, the name of the architect, designer, engineer or contractor, project costs, the completion date and any other agencies associated with the project.

(4) Construction signs shall be located on the same property as the specific project under construction, not closer than fifteen feet to the right-of-way line, or shall be placed on the structure being built or renovated. In no case shall and such construction sign be located within the public right-of-way.

(5) All construction signs shall be removed within fourteen days of the completion or abandonment of the project.

(b) Political Signs.

(1) Political signs shall not be illuminated.

(2) Political signs shall not have more than two sign faces.

(3) Political signs are permitted fourteen days prior to an election and three days after. All candidates and their campaign committees are responsible for the removal of signs within three days of the end of the election. After this period, the Village may remove such signs and charge the expense of such removal to the Candidate or committee.

(4) The maximum permitted sign area of a political sign shall be three square feet per sign face.

(5) No political sign shall be placed upon utility poles or trees in the devil strip.

(c) Special Events Signs. Special events signs, not to exceed fifty square feet in area announcing special public events or institutional events, shall be permitted for a period of not more than thirty days, by permit of the Zoning Administrator.

(d) Real Estate Signs. One real estate sign per each abutting street shall be permitted, provided such sign does not exceed three square feet and is placed at least fifteen feet, whenever possible, from the street or pavement or affixed to the building or structure. Such sign shall be removed within one week of the closing of sale, rental or lease of the building or property. There also may be three “open house” signs directing traffic to the building for sale permitted only on the day and during the hours of the “open house”, provided such signs do not exceed three square feet in size and are displayed no more than one day a week. Real estate signs shall not be illuminated. No real estate signs shall be placed upon utility poles, trees or in the right-of-way.

(e) Garage Sale Signs. Garage sale signs shall be permitted provided such sign does not exceed three square feet. Such sign shall be removed within three days of the last day on which the garage sale is held. (Ord. 2000-04. Passed 10-9-00.)

1177.06 EXEMPT SIGNS.

(a) The following signs may be erected without obtaining a permit from the Village.

(1) Real estate signs

(2) Political signs.

(3) American flags.

(4) Springfield Local Schools flags, church and holiday banners which are erected by the Village.

(5) Garage Sale Signs

(b) A permit shall be required for a church or institutional sign; provided, however, that the fee imposed by Section 1113.01 shall be waived. (Ord. 2000-04. Passed 10-9-00.)

1177.07 PROHIBITED SIGNS.

Except as otherwise specifically permitted herein, the following signs are prohibited in the Village:

(a) Animated signs.

(b) Roof signs.

(d) Mobile signs except those on commercial delivery and service vehicles.

(Ord. 2000-04. Passed 10-9-00.)

1177.08 PERMANENT SIGN SIZE RESTRICTIONS.

Permanent Signs shall not exceed the restrictions on size set forth below:

(a) Church or Institutional Signs. A sign on the premises of a church or institution to display the activities or services provided therein, not to exceed thirty-two square feet in area, at least fifteen feet from the street pavement is permitted.

(b) Multiple Housing Project Signs. The following signs are permitted: one on- premises sign indicating the name of the multiple housing project, not to exceed twelve square feet; one identification sign per building, not to exceed two square feet; and, for rental and/or management offices, one identification sign not to exceed two square feet.

(1) All signs shall carry the name of the business and be directly related to the business or service provided on the property where the sign is located.

(2) Except as provided in subsections (3) and (4) below, no business or property shall have more than two signs.

A. One flush-mounted wall sign, with a sign face of not more than thirty inches in height covering, not more than ninety percent of the width of each individual storefront or business is permitted.

B. The second sign permitted for each business shall be limited to either one of the types indicated below:

1. Hanging signs. Hanging signs shall not exceed nine square feet nor extend more than four feet from the face of the building. They shall be placed at a height permitting at least eight feet of clearance beneath the sign. Signs to be affixed to a building are to be safe for a pedestrian walking underneath and shall cause no damage to the building.

2. Freestanding signs. Each business shall be permitted a free standing sign of a sign area not to exceed thirty-two square feet per business and so placed behind the front setback line as to not obstruct traffic. No such sign shall exceed twenty- five feet in height.

(3) In shopping centers or plazas containing more than one business, there may be one flush-mounted sign as permitted by subsection (2)A. above for each business. There shall be only one hanging or freestanding sign for the entire shopping center or plaza as permitted by subsection (2)B. hereof.

(4) In buildings containing more than one business, other than shopping centers or plazas, there may be one flush-mounted sign as permitted by subsection (2)A. above for each business, with the limitation that the total square footage for all flush mounted signs shall not exceed thirty-two square feet. There shall be only one hanging or freestanding sign for the entire building as permitted by subsection (2)B. hereof.
(Ord. 2000-04. Passed 10-9-00.)

1177.09 BILLBOARDS.

Billboards may only be erected in "B" Business and Commercial Districts upon approval of the Board of Zoning Appeals subject to the following restrictions"

(a) Only one (1) doubled-faced billboard sign shall be permitted per commercial lot.

(b) Billboards shall not be erected nearer than 3,600 feet to each other and shall not be erected nearer than 500 feet from any property zoned R - Limited Residential District, R-1 - Residential District, or R-2 - Residential District and shall not be erected nearer than 500 feet from any property zoned BC - Business and Commercial District and used as a residence.

(c) Billboard signs shall be free standing and shall not be attached to any wall or building and shall not be attached to the roof of any building or structure.

(d) In addition to the requirements of Section 1113.01 of the Codified Ordinances, three sets of signed and sealed plans shall be submitted with the permit application and must include a complete site plan showing;

(1) Exact proposed sign location from property lines.

(2) Accurate dimensions of all right-of-way(s), existing structures, poles, pavements, parking areas, fences and overhead/underground utilities.

(3) Detailed structural and foundation drawings.

(4) Plans must be signed and sealed by a State of Ohio licensed engineer or architect complete with address and phone number. Also, the owner's name, address and phone number.

(5) Plans must meet all federal, state and local building codes.

(e) The maximum size and height for all billboards shall be as follows::

Size: 200 gross square feet

Height: 25 feet above street level

Clear Area: 10 feet below sign

(f) No portion of a billboard sign shall be placed on a business/commercial parcel closer than the rear yard, side yard and set-back line authorized by Section 1173.05 of the Village ordinances.

(g) No billboard shall employ any parts or elements which revolve, rotate, whirl, spin or otherwise make use of motion.

(h) No billboard shall be digitized or have any flashing, running or sequential lights.

(i) No billboard shall be affixed to, constructed on, or placed on a trailer, semi-trailer, or truck of any type. (Ord. 2023-05. Passed 3-13-23.)

1177.10 PRE-EXISTING OR NONCONFORMING SIGNS.

(a) Any sign which exists at the time of adoption of this chapter which does not conform to the provisions specified herein shall be regarded as a pre-existing and legal nonconforming sign.

(b) Any sign for which a variance or permit is granted after review by the Board of Zoning Appeals and which does not conform to the provisions specified herein shall be regarded as a legal nonconforming sign.

(c) All pre-existing and legal nonconforming signs are considered by this chapter to be incompatible with the intent and specifications of these sign regulations. Such pre-existing signs and all nonconforming signs may be continued subject to the following provisions:

(1) All pre-existing or nonconforming signs shall be kept in good repair and be maintained in a safe condition.

(2) Any pre-existing signs or any nonconforming signs which are structurally altered, enlarged, relocated, replaced, digitized, reprinted, excluding normal touch-up repainting or routine maintenance repainting, or and excluding the converting of the sign through the replacing or changing of removable sign panels, shall thereafter comply with all of the requirements and provisions specified in this chapter.

(d) Loss of Legal Non-conforming Status. A legal non- conforming sign shall immediately lose its legal non-conforming designation if:

(1) The sign is altered in any way in structure, digitized, or copy (except for changeable copy signs and normal maintenance), which tends to or makes the sign less in compliance with the requirements of this Chapter than it was before the alterations; or

(2) The sign structure is relocated to a position making it less in compliance with the requirements of this Chapter, or

(3) Damage to a sign and/or sign structure, due to an act of God or vehicular damage, which requires repairs in excess of thirty percent (30%) of value of same; or

(4) A valid sign permit was never obtained prior to installation of such sign; or

(5) The sign and/or the sign structure is no longer maintained in accordance with the requirements of the Chapter.

On the happening of any subsections (d)(1), (2), (3), (4) or (5) the sign immediately shall be brought into compliance with the provisions of this Chapter with a new permit secured therefor, or shall be removed.

(Ord. 2023-05. Passed 3-13-23.)

CODIFIED ORDINANCES OF NEW MIDDLETOWN