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.
   (c)   Lighting.
      (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.)