Chesapeake Building, Commissioner s Meeting Room Baldridge Street Leonardtown, MD 20650

Transcription

1 ST. MARY S COUNTY GOVERNMENT DEPARTMENT OF LAND USE AND GROWTH MANAGEMENT William B. Hunt, AICP, Director COMMISSIONERS OF ST. MARY S COUNTY James R. Guy, President Michael L. Hewitt, Commissioner Tom Jarboe, Commissioner Todd B. Morgan, Commissioner John E. O Connor, Commissioner AMENDED SIGN FOCUS GROUP AGENDA July 11, :00 PM 7:30 PM I would like to ask the members to allow an additional 30 minutes for the information from Acting County Attorney David Weiskopf and have time to vote on the decisions needed for the other items on the agenda. Chesapeake Building, Commissioner s Meeting Room Baldridge Street Leonardtown, MD Acting County Attorney David Weiskopf: 1. Political signs 2. Process of enforcing the ordinance, please see pages 13 and 14 in the July 2, 2018, draft ordinance which is attached to the with this agenda. 2. Wall signs: please see pages 9 and 10 of the attached July 2, 2018, draft ordinance. Yvonne Chaillet researched the area of the following wall signs: The signage for Dick s and Kohl s falls under the Master Sign Plan for Lexington Village. Dick s was allowed 375 square feet but the sign area put up is 315 square feet. Kohl s has 195 square feet. The Wal-Mart wall signs are 123 square feet plus 22.5 square feet for Super Center. The PUD specification for Lowe s limits the maximum size of a sign to 250 square feet. The SFG will make the decision on the maximum amount of wall signage. 3. Commercial center: 1. Please see the definition on page 4 which describes commercial center as two or more nonresidential uses. 2. Permanent, freestanding signs: driveways and sign spacing. Please see the draft page 10. The draft ordinance wording allows a permanent, freestanding sign at each driveway connection to a public road. Additional permanent, freestanding signs would be allowed on frontage on a public road provided there was a certain distance of spacing between signs. The SFG will decide the spacing. 3. Should a single, non-residential business be allowed the same number of permanent, freestanding signs under the same conditions as a commercial center? This would be to have a permanent, freestanding sign at each driveway connection to a public road and the ability to have more than one permanent, freestanding sign with sufficient linear feet of frontage, page 10 in the draft. 4. Wall signs: please look at the draft ordinance language for wall signage at a commercial center on pages 10 and 11. Please edit. 4. Next meeting date July 25, 2018, and topic(s) P.O. Box 653 Patuxent Building Leonard Hall Drive, Leonardtown, MD Phone x*1508 Fax lugm@stmarysmd.com

2 ORDINANCE TO AMEND CHAPTER 286, TITLE SIGNS OF THE CODE OF ST. MARY S COUNTY, MARYLAND, ESTABLISHING LAND USE REGULATIONS REGARDING SIGNS WHEREAS, pursuant to of the Land Use Article of the Annotated Code of Maryland, the Commissioners of St. Mary s County are authorized to regulate the location and use of buildings, signs, structures, and land; and Whereas, on August 30, 2016, the Commissioners of St. Mary s County adopted Ordinance No , with an effective date of September 13, 2016, regulating signs; and WHEREAS, a notice of a public hearing was advertised on, 2018, and, 2018, in The Enterprise, a newspaper of general circulation in St. Mary's County, and a public hearing was held on, 2018 to receive public comment and consider the adoption of Chapter 286 of the Code of St. Mary s County, Maryland, establishing land use regulations regarding signs; and WHEREAS, the Commissioners of St. Mary's County find that it is in the best interest of the health, safety and welfare of the citizens of St. Mary's County to adopt Chapter 286, Title - Signs of the Code of St. Mary s County, Maryland, establishing land use regulations regarding signs, NOW, THEREFORE, BE IT ORDAINED by the Commissioners of St. Mary s County, pursuant to of the Land Use Article of the Annotated Code of Maryland, that: SECTION I. Chapter 286, Title - Signs of the Code of St. Mary s County, Maryland, is amended to read as follows: Title Signs 01. Purpose; interpretation; construction. 01. The intent of this Title is to: 01. allow adequate communication through signs while providing lawful limitations on the location, types, number, sign face area, and height of signs; 02. establish requirements for a sign placed on land or on a building for the purpose of identification, protection, communicating ideas, providing civic information and notice of civic events, election campaigns and ballot initiatives, promoting commerce, or the directing of persons to a use conducted therein in order to ensure that the sign is appropriate to the land, building, or use to which it is appurtenant and adequate for its intended purpose while balancing individual and community interests; 03. insure public safety; 1

3 04. adhere to a policy of content neutrality but recognizing the limited exceptions necessary to promote the fundamental community interest in limiting commercial signage on residential property to home occupations and real estate signage; and prohibiting off-site commercial signs; and 05. assure equal protection of legal rights of owners of real property. 02. The provisions of this Title shall be interpreted in a manner consistent with rights under the First Amendment and decisions by the Supreme Court of the United States including Reed v. Town of Gilbert, 576 U.S. (2015). 03. In the event any portion of this Title is found to be unconstitutional, illegal, null or void, by a court of competent jurisdiction, it is the intent of the Commissioners of St. Mary s County to sever only the invalid portion or provision, and that the remainder of the Title shall be enforceable and valid, unless deletion of the invalid portion would defeat the clear purpose of the Title, or unless deletion of the invalid portion would produce a result inconsistent with the purpose and intent of the Commissioners of St. Mary s County in adopting this Title. 02. Definitions. 01. Sign: Any object, device, display, or structure or part thereof situated outdoors, or indoors when attached to a window or door that allows a message to be read by a person outside the building, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means including words, letters, pictures, logos, figures, designs, symbols, fixtures, colors, illumination, or projected images. (Calvert County) Sign: A name, identification, description, display or illustration, which is affixed to, painted or represented directly or indirectly upon a building, or other outdoor surface which directs attention to or is designed or intended to direct attention to the sign face or to an object, product, place, activity, person, institution, organization or business. Signs located completely within an enclosed building, and not exposed to view from a street, must not be considered a sign. Each display surface of a sign or sign face must be considered to be a sign. (IMLA) i. Sign does not include: EXCEPTIONS 1. a hand-painted work of visual art that is either affixed to or painted directly on the exterior wall of a structure. An original art display does not include: mechanically produced or computer generated prints or images, including but not limited to, digitally printed vinyl, electrical or mechanical components, or changing image art display; or 2. a sign that is not visible from any public street, sidewalk, or pedestrian way, waterway, or an adjoining property (waterway and adjoining property is in Calvert Co.); or 2

4 3. a sign more than two hundred (200) feet from any public street, sidewalk, or pedestrian way located on a non-residential property; or 4. directional signs located adjacent to driveways and parking areas to assist motorists in safely maneuvering into parking places; or 5. signs placed in vehicle driveways and parking areas to assist motorists in safely maneuvering into parking places; or 6. signs identifying parking spaces in compliance with the Americans with Disabilities Act; or 7. pennants; or 8. a sign attached to or displayed on (a) a currently registered motor vehicle on a public street or highway, or (b) a currently registered motor vehicle used by a religious, civic, or non-profit organization; private school; or similar organization; or a business on a regular basis when parked on the property of the organization or business whose advertising is on the vehicle; or 9. a sign erected or maintained or required by the Commissioners of St. Mary s County, the State of Maryland, or the United States, or by a board, commission or agency thereof; or 10. a sign used to identify a historical monument or location that is listed in the Maryland Inventory of Historic Properties on the lists that is maintained by the Maryland Historical Trust; or 11. a sign used to identify an Ag-Tourism Facility that is recognized by the Maryland State Highway Administration and the Maryland Department of Agriculture as an Ag-Tourism Facility and meets all the criteria of the Ag- Tourism Signing Program; or 12. a sign with a sign face area greater than sixty-four (64) square feet for which a permit is required and issued under Subtitle 7 of Title 8 of the Transportation Article of the Annotated Code of Maryland. 02. Air-Activated Sign: A sign, all or any part of, which is designed to be moved by the action of forced air so as to make the sign appear to be animated or otherwise have motion. Examples of air-activated signs are airflate dancers and tube dancers. A balloon sign is not an air-activated sign. 03. Agricultural Property is a type of non-residential property. Agricultural property is a parcel of record, or that part thereof, assessed as Agricultural by the State Department of Assessments and Taxation. What about a farm with a farm house? 04. Area, Sign face: Sign face area is the space enclosed within the extreme edges of one side of the sign, not including a supporting structure. The sign face area of three-dimensional signs, such as air-activated signs and balloons, is determined from a two-dimensional, scaled photograph or drawing. 05. Awning or canopy: A shelter that projects from the exterior wall of a building for the purpose of shielding a doorway or window from the elements and composed of nonrigid materials except for the supporting framework. 3

5 06. Awning sign: Any sign painted on or attached to an awning. 07. Balloon Sign: A non-permanent sign that is an air-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground and equipped with a portable blower motor that provides a constant flow of air into the device. Balloon signs are restrained, attached, or held in place by a cord, rope, cable or similar method. As distinguished from air-activated sign. 08. Banner Sign: A non-permanent sign made of plastic, canvas, fabric or similar lightweight, nonrigid material that can be mounted to a structure with cord, rope, cable or a similar method. If a banner sign is supported by stakes, poles, or posts in the ground, it is a yard sign. 09. Canopy or awning: A shelter that projects from the exterior wall of a building for the purpose of shielding a doorway or window from the elements and composed of nonrigid materials except for the supporting framework. 10. Canopy Sign: Any sign painted on or attached to a canopy. 11. Commercial center: A non-residential property with two or more non-residential buildings or one building with two or more non-residential units which share an entrance and parking area. 12. Commercial property: An improved property that does not have single or two-family residences. What about a farm? 13. Commercial sign: A sign that includes information concerning the availability or quality of a product or service that is lawfully sold, leased, or held for investment. 14. Double-faced sign: A sign with two sign faces that are placed back to back so that both faces cannot be viewed from any one point at the same time. To be a double-faced sign, the sign faces on a single sign structure may not be more than twenty-four inches apart. Sign faces are part of the same sign structure and are not more than twenty-four inches apart. (Calvert County) 15. Electronic Message Display: An electronic sign, typically comprising a liquid crystal diode (LCD), light-emitting diode (LED), plasma, or other digital illuminated display that contains one or more messages. The display on the face of an electronic message sign can be electronically changed by remote or automatic means. An electronic message sign is different from an illuminated sign in that the illumination of the display creates the message, rather than an internal or external light source illuminating the message. 16. Face: The surface of a sign where a message is displayed. (International Sign Association). 4

6 17. Freestanding sign: A sign that is not affixed to or painted on a building. Freestanding signs may be either permanent or non-permanent. A ground sign is a type of permanent, freestanding sign. A yard sign is a type of non-permanent, freestanding sign. 18. Grade: The level of the site at the property line located at the closest distance to the sign. (International Sign Association) 19. Ground sign: A type of permanent, freestanding sign which extends from the ground, or has support which places the bottom of the sign less than two (2) feet from the ground. (IMLA) 20. Height, Sign: Calvert County Zoning Ordinance, Article 6-8, Page 2 The height of freestanding, air-activated, balloon, and banner signs shall be measured from the lowest point at the base of the sign or sign structure along the closest road to the highest point of the sign or structure. The use of berms, grading or other means of raising the elevation of the land upon which a sign is or will be located in order to achieve a greater sign height shall not be permitted except where site conditions are such that the proposed sign location is below the grade of the closest adjacent roadway, then the freestanding, airactivated, balloon, or banner sign or structure s height shall be measured from the center line of the pavement of the adjacent road closest to the base of the sign. Or is: The height of a sign is measured from the grade of the street level where the sign is viewed better? For signs along waterways, the sign height shall be measured from the base of the sign. 21. Human sign: May also be called human billboard, human directional, sign walkers, sign wavers, or sign twirlers. A person who wears advertising as clothing, wears a sign, or carries a sign. Sign twirlers commonly shake, twirl, or toss and catch the sign they are carrying. Human signs may also move their bodies in conjunction with the movement of the sign. 22. Illumination: Lighting which illuminates a sign. 23. Marquee: Any permanent roofed structure projecting over an entrance. A marquee structure is commonly associated with a movie theater, hotel, or arena. A distinguishing feature between a marquee and a canopy is that a marquee is made of permanent materials and a canopy is made of non-permanent materials, for example, plastic or canvas. 24. Marquee sign: A permanent sign most commonly found over the entrance to a movie theater, hotel, or arena. Marquee signs usually contain lighting. The copy on a marquee sign is usually changeable; the copy on a marquee sign for a theater is always changeable to advertise the currently playing or upcoming movie or show. 25. Mixed-use Property: A property that contains a building with two or more units some, but not all, of which may be occupied as a residence. Units which are occupied as a 5

7 residence are residential property. Units which are not occupied as a residence are nonresidential property. 26. Multi-residential Property: A building that is designed to house several different families in separate housing units. For the purpose of signage, a multi-residential property in which the individual housing units are sold is a residential property. A multi-residential property in which the housing units are rented is a non-residential property. 27. Nonconforming sign: A sign lawfully in existence on August 30, 2016, which does not conform to the provisions of this Title but which was in compliance with the applicable regulations at the time that the sign was constructed, erected, affixed or maintained. 28. Non-Permanent Sign: Any sign which is movable, not permanently attached to the ground, a structure or other sign, designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes, intended for a limited period of display or constructed out of cloth, canvas, plastic sheet, cardboard or other like materials. (Calvert County) 29. Non-residential Property is the broad category that includes properties in Agricultural, Commercial, Commercial Center, Mixed-use, or Multi-residential use. In the case of Mixed-use properties and Multi-residential properties, the residential housing units are residential property. What about the farm house? 30. On-Premise Sign: A freestanding sign that directs attention to a business, profession, commodity, attraction, service, or entertainment conducted, offered, sold, manufactured, existing or provided at a location on the premises where the sign is located. This includes permanent and non-permanent freestanding signs. (International Sign Association) 31. Pennant: A triangular, rectangular, square, or irregular-shaped piece of plastic or other material, with or without a message, commonly connected together to form a line or string, intended to flap in the wind. 32. Permanent Sign: A sign permitted by this Title to be located on the premises for an unlimited period of time and designed to be permanently attached to a structure or the ground. (Calvert County) 33. Portable sign: A type of non-permanent, readily movable sign that is not attached to a structure or the ground, includes: A-Frame or T-Frame signs, portable reader-boards, and similar signs. Signs must remain portable and cannot be attached to the ground, trees, light or utility poles, sign poles, parking meters, street furniture, etc. A portable sign may not include an electronic message center / digital sign. Portland OR Standards for portable signs to be relocated elsewhere in the ordinance if SFG allows portable signs a. The sign shall be located in front of the establishment which the sign serves. 6

8 b. The sign must be free-standing and shall not be affixed, chained, anchored or otherwise secured to the ground or to any pole, parking meter, tree, tree grate, fire hydrant, railing or other structure. c. The sign must not obstruct entry or exit doors, parking meters, bicycle racks, and other features legally in the right-of-way or required as part of any building, fire or other safety code. d. The sign must not interfere with the opening of car doors in legal parking spaces, or with the operation of wheelchair lifts and ramps, cab stands, loading zones or bus stops. e. The sign shall be weighted so that it is stable and windproof. f. The sign must be constructed of durable, weather-proof materials, such as slate, marker board, stainless steel, aluminum, aluminum composite, laminate plastic, or medium density overlay plywood painted with enamel paint. Rough cut plywood is not an acceptable material for the sign. g. The sign cannot have sharp edges or any protrusions or features that could be a hazard to pedestrians. h. St. Mary s County Government shall be indemnified and held harmless from any liability resulting from accident or injury caused by erection and maintenance of such signs. 34. Property is a parcel of record. Should non-parcels be allowed signs? 35. Real Estate Sign: A nonpermanent sign pertaining to the sale, exchange, lease, rental, or availability of land, buildings, condominium and similar units, or apartments. Such signs may include building name and address, price and amenities, identity of seller or broker, and similar information. Real Estate Sign includes Open House signs. 36. Residential Property is a parcel of record improved by a one- or two-family structure occupied as a residence. Residential property also includes housing units in a mixed-use development and the housing units in a multi-family development. Residential Property does not include Agricultural Property. What if there is a farmhouse? 37. Sign Structure: Any structure that supports a sign. 38. Wall Sign: A building-mounted sign attached directly to, displayed, or painted on an exterior wall in a manner parallel with the wall surface, which projects from that surface less than twelve inches at all points. A wall sign may not extend above the lowest portion of the roof of the building. 39. Wind Flag Sign: A non-permanent sign that is constructed of cloth, canvas, plastic, fabric, or similar lightweight, nonrigid material and that is supported by a single, rigid or semi-rigid vertical member mounted into the ground or a base. (Calvert County) Types of wind flag signs include, but are not limited to, blade, feather, curved, and tear drop signs. 40. Window Sign: Any sign viewable through or affixed in any manner to a window or exterior glass door such that it is intended to be viewable from the exterior including, but not limited to, window paintings and signs located inside a building but visible primarily 7

9 from the outside of the building. This does not include merchandise and other displays located in a window, or print intended to be viewable from the interior of a building. Calvert Co. 41. Yard Sign: A non-permanent sign placed on the ground or attached to a supporting structure, posts or poles, that is not attached to any building. (Calvert County). Three dimensional signs are not yard signs. 03. Residential Property: Signs Allowed 1. A home occupation with a valid home occupation permit may have one sign that identifies the home occupation. The maximum size of the sign face is six square feet. The maximum height of the sign is six feet. 2. Non-permanent signs are allowed as described in Subsection XXX 3. Commercial signs are prohibited. 4. Real estate signs are allowed on residential property 04. Non-Residential Property: Signs Allowed 1. Standards for Permanent Signs for Non-Residential Property. a. Sign Face Area: i. The maximum sign face area allowed for a permanent, freestanding sign on non-residential property is determined by the public road or roads from which driveway access is provided to the property according to the following chart: Maximum Speed Limit Number of Traffic Lanes Maximum Square Foot Area of Permanent, On-Premise, Free-standing, Signs on Non-Residential Property < 30 mph < 3 32 square feet > 35 mph < 3 40 square feet < 30 mph square feet > 35 mph square feet ELECTRONIC MESSAGE CENTER / DIGITAL SIGNS ii. Electronic message center / digital sign: 1. The sign face area for a freestanding electronic message center / digital sign may be up to fifty percent of the sign face area of the allowed sign face area for a permanent free standing sign. A double-sided sign may have an electronic message center / digital sign on each face. 2. The sign face area for a wall or window electronic message center / digital sign may be up to fifty percent of the maximum allowed sign face area for a wall or window sign. A building may have an electronic 8

10 message center / digital sign on each wall or window that is visible from a public road. 3. The message on an EMC may not change or move more often than once every [insert length of time] except where an EMC with a total area of less than one hundred sixty (160) square inches and which is set back a minimum of thirty (30) feet from the right-of-way, or the minimum setback for buildings, whichever is greater, may be fully animated. 4. EMCs must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the Zoning Inspector that it is not complying with the standards of this Ordinance. 5. The EMC shall come equipped with an automatic dimming photocell which automatically adjusts the display s brightness based on ambient light conditions. 6. The brightness level shall not exceed 0.3 foot candles over ambient levels as measured in accordance with the procedure and distances for measurement of brightness specified by the International Sign Association in its Night-time Brightness Level Recommendations for On- Premise Electronic Message Centers (August 2016 and as updated from time to time). 7. EMCs shall not be located within two hundred and fifty feet of the property line of a residential property if any portion of the electronic display is visible from the residential property. This setback does not apply to residential structures on mixed-use or multi-family properties, or the wording in All EMCs shall be shielded from view of residential structures on adjacent properties through the use of a fence, wall or vegetative buffer that is installed to shield the view of the sign from the residential structure. Such fence, wall or vegetative buffer shall comply with any applicable regulations in this Ordinance and must be shown in the permit application. iii. A wall sign may not exceed thirty-five percent (35%) of the exterior surface of the wall below the roof line and may not be a commercial sign visible from a public road or a maximum square footage of XXX whichever is less. Window signage may be included in calculating the thirty-five percent. 9

11 The signage for Dick s and Kohl s falls under the Master Sign Plan for Lexington Village. Dick s was allowed 375 square feet but the sign area put up is 315 square feet. Kohl s has 195 square feet. The Wal-Mart wall signs are 123 square feet plus 22.5 square feet for Super Center. The PUD specifications for Lowe s limits the maximum size of a sign to 250 square feet. iv. Awning, canopy, marquee, and projecting signs: The sign face area of awning, canopy, marquee, and projecting signs must be included in the square footage for wall signage in iii. above. The maximum sign face area for a projecting sign is sixteen square feet. b. Height: The maximum height of any permanent, freestanding, sign on nonresidential property is 20 feet. c. Number of permanent signs allowed i. Every developed non-residential property, not located in a commercial center, is allowed at least one permanent, freestanding, sign per lot of record or parcel of record. Should it be every lot of record or parcel of record or based on a business? ii. Parcels / businesses that have frontage on two or more public roadways may have one permanent, freestanding sign for each driveway with a connection to a public road. iii. An additional permanent, freestanding sign is allowed for each XXX feet of frontage. COMMERCIAL CENTER 2. Permanent, freestanding signs for a development with two or more nonresidential buildings with shared parking and one or more shared driveway entrance; or one non-residential building with two or more uses, is: i. If the property has frontage on two or more public roads, one permanent, freestanding sign is allowed for one driveway connection with each public road. ii. Additional, permanent, freestanding signs are allowed if the property frontage on a public road allows for a minimum spacing between permanent, freestanding signs of xxx hundred feet. This would mean that two driveways that do not meet the minimum separation spacing could not each have a permanent, freestanding sign. The wording could be: ii. A permanent, freestanding sign is allowed at each driveway connection to a public road provided that the driveways are a minimum of XXX hundred feet apart. This text would mean that a non-residential development on more than one lot of record would not be allowed a permanent, freestanding sign on each lot 10

12 of record by right. The number and location of signs would be controlled by driveway separation. 3. Wall signs and window signs for a commercial center: The maximum area of the allowed signage is thirty-five percent of the exterior surface area of the walls and windows visible from a public road below the roof line; or the maximum sign face area of XXX square feet, whichever is less. For a non-residential building with only one story, the thirty-five percent or maximum allowed is for the entire building regardless of multiple uses or multiple businesses. Awning, canopy, marquee, and projecting signs: The sign face area of awning, canopy, marquee, and projecting signs must be included in the maximum square footage for wall signage. The maximum sign face area for a projecting sign is sixteen square feet. Wall signage for non-residential buildings on non-residential property with separate uses on two or more stories: To determine the wall signage allowed for the stories above the first floor, measure the exterior surface area of the walls and windows on the first story that are visible from a public road. Multiply this number by 35%. Multiply the smaller of the amount just calculated or the XXX square feet maximum by 50%. This is the amount of wall signage that is allowed for each story to advertise separate uses on that story. A wall sign may not extend above the top of a parapet wall or a roofline at the wall, whichever is higher. 05. Standards for Non-Permanent Signs 01. Non-permanent signs may not be illuminated. a. Non-permanent signs on non-residential property i. The types of non-permanent signs allowed on non-residential property are air-activated, balloon, banner, freestanding, portable, and wind flag signs. ii. Number of non-permanent signs on non-residential property 1. Two non-permanent signs are allowed on every non-residential lot of record or parcel of record plus one wind flag sign for every 50 linear feet of property frontage on a public road. When the property has more than one frontage on a public road, wind flag signs are allowed on each frontage based on the linear footage of that frontage. Wind flag signs allowed on one frontage cannot be placed on another frontage. Non-permanent signs for commercial centers has not been determined by the SFG. 11

13 iii. Sign face area of non-permanent signs on non-residential property 1. Every non-residential property that is not in a commercial center is allowed a sign face area of 64 square feet for non-permanent signs per lot of record or parcel of record. 2. The sign face area of three-dimensional signs, such as air-activated signs and balloons, is determined from a two-dimensional, scaled photograph or drawing. The sign face area of three-dimensional signs must be included in the total allowed sign face area for non-permanent signs of 64 square feet. 3. The maximum sign face area of a portable sign is 12 square feet. 4. Wind flag signs are not included in the sign face area for nonpermanent signs. 5. Window signs are allowed. The maximum amount of window signage is included in the calculation for wall signage, awning, canopy, and marquee signage, reference Subsection XXX. iv. The maximum height of non-permanent signs on non-residential property: Type Air-activated Balloons Banner Freestanding Portable Wind flag Height 12 feet 15 feet 10 feet 10 feet 4 feet 12 feet b. Non-permanent signs on residential property i. The types of non-permanent signs allowed on residential property are banner signs and yard signs. ii. The number of non-permanent signs on residential property is unlimited. iii. The maximum sign face area of any non-permanent sign on residential property is nine square feet. iv. The maximum height of any non-permanent sign on residential property is six feet. 12

14 v. Commercial messages are not allowed on non-permanent signs on residential property except for real estate signs. vi. EMCs / digital signs are not allowed 05. Nonconforming signs. 01. A non-conforming sign which is altered, relocated, or replaced must be brought immediately into compliance with all provisions of this Title. Maintenance of a sign in its original size, format and location is not an alteration, relocation or replacement. 02. The owner of property on which a nonconforming sign is being maintained has the burden of proof by clear and convincing evidence the sign meets the legal definition of a nonconforming sign. 06. General Provisions. Any other provision of this Title notwithstanding, the following provisions are applicable to all signs: 01. Illumination. Any illumination must be directed only toward the sign face. 02. Wall and Roof signs. A wall sign may not extend above the top of a parapet wall or a roofline at the wall, whichever is higher. No sign may be placed on a roof. 03. Location. No sign may be located within the right-of-way of any State or County street or highway 04. Public safety. A sign or light or air-borne object is prohibited which: a. may be construed as a traffic or street sign or signal; b. may impede the ability to observe any traffic or street sign or signal; c. is or contains a device, other than a commercial sign, which may move or swing as a result of wind pressure; or d. creates a hazardous condition for a motorist, pedestrian or the general public. 05. Substitution of Copy. Commercial or non-commercial copy may be substituted for other commercial or non-commercial copy on any commercial sign which is allowed by this Title. 10. Enforcement 01. No person or entity shall create, erect, or maintain a sign not authorized by this Ordinance. 02. A violation of this ordinance, as amended from time to time, is a civil infraction and shall be prosecuted in the same manner and to the same extent as provided for a 13

15 municipal infraction under Title 6 of the Local Government Article of the Annotated Code of Maryland. Acting County Attorney David Weiskopf will explain this. 03. A sign not authorized by this Ordinance is contraband and may be removed. 04. No provision herein shall be construed to require removal of any "Outdoor advertising sign" as defined by of the Local Government Article of the Annotated Code of Maryland unless the owner of the property on which the Outdoor advertising sign is located is given thirty (30) days prior Notice of Violation by certified mail, return receipt requested, and by first class mail, postage pre-paid. 11. Permits No permit is required. An applicant may apply for and obtain a permit from the Department of Land Use and Growth Management to establish the legal status of a sign. SECTION II. This Ordinance shall be effective upon the date written below. 14