The following standards are applicable to development proposals within all form districts.
(A) It shall be unlawful for any person, company, business, or occupant of a building or property to erect, repair, alter, relocate, or keep within the city any sign or other advertising device as defined in this subchapter without first obtaining a sign permit for the city and paying the fee required by the city. Prior to making an application for a Sign Permit, all outstanding and due taxes and fees, including business license fees, occupational taxes, ABC license fees, and property taxes must be paid in full to the City of Middletown. This requirement applies to taxes or fees owed by either the applicant or the owner of the property upon which the sign is to be located.
(B) No sign shall be placed in a manner visible from any public street, alley, right-of-way, sidewalk, or other public easement except as provided herein nor any sign be placed in or extend over street, right-of-way, roadway, sidewalk, public or private utility or access or other easement, or alley except as provided herein and with the approval of the Director of the Department of Public Works for encroachment within the right-of-way of public streets. All signs allowed hereunder shall be constructed and placed so as not to obstruct sight lines for persons using streets, pedestrian rights-of -way and driveways. (See division (1) below for restrictions on signs in the sight triangle.)
(C) No sign shall be allowed to be illuminated except as expressly provided herein. Signs which are otherwise allowed to be illuminated are not allowed if the Director shall find that the lighting causes glare or otherwise interferes with the vision of persons operating motor vehicles. All illuminated signs shall be non-flashing and shall be constant in intensity and color, except that signs which display time and temperature and changeable copy signs in accordance with division (M) below are allowed in C-N, C-1, C-2, C-3, C-M, EZ-1, M-1, M-2 and M-3 zones.
(D) No sign shall be allowed if the Director finds that the sign is constructed or designed in a manner, which may cause the sign to be confused with a traffic sign or other traffic control device.
(E) (1) The maximum allowed area for all signs other than freestanding business signs shall be determined by drawing five or fewer straight lines encompassing the extremities of the sign within the smallest possible area, except that outdoor advertising signs are allowed extensions and embellishments beyond the rectangular sign as more specifically provided in § 8.4.5.
(2) To calculate the area of an attached sign calculate the area of the polygon created by drawing the five lines around the extremities of the sign face.
(F) Outdoor advertising signs, portable signs, mechanical reader boards, small freestanding signs and temporary freestanding signs are prohibited in the city.
(G) (1) The maximum allowed area for freestanding business signs shall be measured by drawing eight or fewer straight lines encompassing the extremities of the sign within the smallest possible area; provided, however, that the area of a freestanding sign shall not include poles, supports or other structures which are solely for support and which do not contain any advertising and, the area of a freestanding sign shall not include the space between the business identification portion of a freestanding business sign and the reader board portion.
(2) To calculate the area of a freestanding sign calculate the area of the polygon created by drawing the eight lines around the extremities of the sign face.
(H) No sign shall have more than four faces. Signs with more than two sign faces shall be calculated for compliance with this section in the following manner. The maximum allowable size of each sign face shall be calculated by taking the maximum allowable square footage for a two-sided freestanding sign (from Table 1) and dividing it by the total number of sign faces.
(I) (1) Signs which flash, revolve, rotate or move in any manner shall not be permitted in any district, except that monument type changing image signs no more than six feet above ground in height which contain no video display are permitted in C-N, EZ-1, C-1, C-2, C-3, C-M, M-1, M-2 and M-3 zoning districts.
(2) A 30-foot sight triangle is required at all intersections. Example: four-sided sign, with a permitted area of 40 square feet would be allowed to have sign faces that are ten square feet each.
(J) One freestanding rent/sale sign per site not exceeding six square feet in area shall be allowed in any district. For lots abutting more than one street, one rent/sale sign shall be allowed for each abutting street. In the C-N, EZ-1, C-1, C-2, C-3, C-M, M-1, M-2, M-3, OR, OR-1, OR-2, OR-3, OTF, W-1, W-2, W-3, PRO and PEC Districts freestanding or attached rent/sale signs not exceeding 30 square feet shall be allowed. The signs shall be removed no later than two days after closing of sale or consummation of lease. Rent/sale signs within the above listed zoning districts may have two signs on street frontages in excess of 600 feet. The area of each of the two signs combined shall not exceed the total maximum area allowed for one rent/sale sign.
(K) One or more signs identifying persons or business firms engaged in the construction of a building on site, are allowed; provided that each sign not exceed 12 square feet in area and 15 feet above ground in height. In the alternative, one sign identifying all persons or business firms engaged in construction of a building on site is allowed; provided the sign shall not exceed 40 square feet in area and 15 feet above ground in height. All signs must be removed within seven days following issuance of a certificate of occupancy for the building.
(L) (1) Awnings and canopies constructed of translucent materials that are internally illuminated, with the exception of fully shielded lighting fixtures directed down onto non-illuminated ground and/or sidewalk shall be considered attached signs and shall be included as part of the total allowable signage on any one facade of a building as listed in § 152.041. Signs located on an opaque awning or canopy shall be included as part of the total allowable signage area permitted on any one facade of a building as listed in § 152.041. Awning signs and canopy signs may be internally illuminated in accordance with § 152.041. Exterior lighting is permitted in accordance with Chapter 4, Part 1, Lighting.
(2) Translucent internally illuminated awnings and/or canopies with or without signage shall be considered attached signage and shall be included as part of the total allowable signage on any one facade. Opaque awnings with signs shall have only the area of the sign included as part of the total allowable signage on any one facade.
(M) Outdoor advertising signs are prohibited.
(N) Changing image signs (includes changeable copy signs and time and temperature signs) shall conform to the following standards:
(1) All changing image signs under five square feet in area with no more than one line of text shall not exceed a rate of change of once per four seconds;
(2) All changing image signs over five feet in area and/or more than one line of text shall not exceed a rate of change of once per 20 seconds; and
(3) Changing image signs with a rate of change in excess of the restrictions set forth in divisions (N)(1) and (N)(2) above or signs with video displays, shall require approval from the Planning Commission for design. The Planning Commission review shall include at a minimum the following issues:
(a) Characteristics of the adjacent street (traffic speed, number of lanes, functional class and the like);
(b) Proximity to another changing image sign or sign with a video display;
(c) Dimensions of the proposed signs;
(d) Number of lines of text;
(e) Proximity to residential development; and
(f) Legibility of text.
(O) The area of a facade of a building is determined by adding the square footage of surface area of each section of wall visible from a given perspective. For buildings with more than one wall along one facade (for example, rooms jutting out from the main building or a building where each floor is set back from the floor below), all of the walls are included in the total area. The total area does not include any roof area.
Illustration 8.1.15 Total Facade Area = the Area of A+A+A for facade facing public street frontage
(P) This regulation shall be in addition to the requirements of KRS 177.830 through 177.890; the most restrictive requirement applies. (Note: KRS transportation related definitions.)
(Q) Planned development district sign standards (if applicable) shall be established by the city when the master plan for the planned development district is developed and approved by the Planning Commission.
(R) Specific provisions within this regulation that are not eligible for a variance in accordance with KRS 100.111 may be waived in accordance with Chapter 11, Part 8.
(S) Preservation districts and local landmarks. All new sign construction within designated preservation districts and for local landmarks shall conform to the Landmarks Commission design guidelines.
(T) Window signs shall not exceed 25% of the total window area on a given facade.
(U) (1) A composite group of signs integrated into one framed unit or compact structure constitutes one sign.
(2) Variances may be obtained from a Board of Adjustments for dimensional requirements including area and height of signs.
(V) (1) A back-to-back or V-shaped sign constitutes one sign if it has a common set of supports. If the interior angle between the two sign faces is less than 120 degrees, the sign area is of one sign face only. If the angle between the two sign faces is greater than or equal to 120 degrees, the sign area is the sum of the areas of the two sign faces.
Illustration 8.1.16
(2) Variances may be obtained from a board of adjustments for dimensional requirements including area and height of signs.
(W) Downtown Form District.
(1) All new signs within the designated Downtown Form Special Districts shall be reviewed and approved in accordance with the guidelines and procedures of the Downtown Development Review Overlay (DDRO) District.
(2) Recognizing the unique character and function of these Special Districts, the DDRO, at its discretion, may allow signs (type, size, height, location) not otherwise permitted under this chapter for developments within the Fourth Street Entertainment District (Fourth Street between Liberty Street and Broadway) and for individual cultural arts attractions requiring ODHO review.
(3) In review and approval or the signage the DDRO Committee shall follow the review procedures outlined for Land Development Code waivers in Chapter 11.
(X) Roof signs are prohibited.
(Y) The use of pennants, streamers and balloons as signs shall be prohibited. (See definition of sign.)
(Z) All permanent signage shall require a permit from the Director unless stated otherwise within this chapter.
(Ord. 06-08, passed 4-6-2006; Ord. 07-13-2023-C, passed 8-10-2023)