ORDINANCE TO AMEND CHAPTER 286, TITLE SIGNS OF THE CODE OF ST. MARY S COUNTY, MARYLAND, ESTABLISHING LAND USE REGULATIONS REGARDING SIGNS

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1 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: i. allow adequate communication through signs while providing lawful limitations on the location, types, number, sign face area, and height of signs; ii. 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; iii. insure public safety; iv. adhere to a policy of content neutrality but recognizing the limited exceptions necessary to promote the fundamental community interest in limiting commercial 1

2 signage on residential property to home occupations and real estate signage; and prohibiting limiting off-site commercial signs; and v. 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. i. Sign does not include: address; or 2. 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 3. a sign that is not visible from any public street, sidewalk, or pedestrian way, or waterway; or and 4. a sign more than two hundred (200) feet from any public street, sidewalk, or pedestrian way located on a nonresidential property; or 5. see through window graphics, perforated window film, perforated window decals, or similar, applied on windows on nonresidential property provided these transparent window coverings do not contain a commercial message; or 6. signs placed in driveways or parking areas of nonresidential properties that (a) direct motorists in the parking area to a particular business and may have the business name and logo on the sign; or (b) are directional signs that assist motorists in maneuvering into parking spaces; or (c) are signs identifying parking spaces in compliance with the Americans with Disabilities Act; or 2

3 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. 02. Agricultural Property: A parcel of record or non-parcel of record, or that part thereof, assessed as Agricultural by the State Department of Assessments and Taxation. 03. 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. 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. 06. Awning sign: Any sign painted on, embedded in, or attached to an awning. 07. Balloon Sign: A nonpermanent 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 nonpermanent 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. 3

4 09. Billboard: An existing off-premise, permanent sign for which a permit is required and has been issued under Subtitle 7 of Title 8 of the Transportation Article of the Annotated Code of Maryland. 10. Ballfield sign: A nonpermanent banner sign attached to a fence at a facility where outdoor games are played. 11. Bus Shelter for School Children as a Sign: A nonpermanent sign structure that is located at a site certified as a current school bus stop by the School Director of Transportation. 12. Bus Shelter Sign: A nonpermanent sign affixed to a bus shelter as bus shelter is defined in the St. Mary s County Comprehensive Zoning Ordinance, Use 110: Bus Shelter. Detached structure located at County approved pick-up or drop-off point for passengers 13. 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. 14. Canopy Sign: Any sign painted on, embedded in, or attached to a canopy. 15. Commercial Center: A nonresidential property with two or more nonresidential buildings or one building with two or more nonresidential units which share an entrance and parking area. 16. Commercial property: An improved property that does not have single or two-family residences. In the case of Mixed-use properties, Multi-residential properties, agricultural properties with one or more dwelling units, the residential housing units are residential property. 17. Commercial Sign: Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity. A sign that includes information concerning the availability, price, or quality of a product or service that is lawfully provided, sold, leased, or held for investment. In this Title, commercial includes signs providing information on religious or non-profit organizations and events. An off-premise commercial sign may also have information on the location of the use or business identified on the sign. 18. Construction Sign: A type of nonpermanent, off-premise yard sign placed on a property where construction is taking place that identifies the construction company or contractor doing the work. 19. 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. 4

5 20. 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. 21. Face: The surface of a sign where a message is displayed. 22. Freestanding Sign: A sign that is not affixed to or painted on a building. Freestanding signs may be either permanent or nonpermanent. 23. 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. 24. Height, Sign: The distance between the highest point of the sign face and the ground surface directly below the sign face is the sign height. The height of air-activated, balloon, and banner signs shall be measured from the highest point of the sign to the ground surface directly below the sign. The sign height of a sign located on a berm, mound, or other elevated ground surface includes the height of the berm or elevated ground surface. The height of a sign may be increased when the increased height can be justified because the elevation of the land where the proposed sign is to be located is below the grade of the road from which the sign is to be viewed. 25. Human Sign: A person who wears advertising as clothing, wears a sign, or carries a sign; may also be called human billboard, human directional, sign walkers, sign wavers, or sign twirlers. Human signs 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. 26. Illumination: Lighting which illuminates a sign. 27. 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 nonpermanent materials, for example, plastic or canvas. 28. 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. 29. 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

6 residence are residential property. Units which are not occupied as a residence are nonresidential property. 30. 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 nonresidential property. 31. Nonconforming Sign: A sign 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. 32. Nonpermanent Sign: Any sign which is movable, not permanently attached to the ground, a wall, a structure or other sign, designed or constructed in such a manner that it can be removed, moved or relocated without involving any structural or support changes. 33. Nonresidential Property: Property improved with one or more Agricultural, Public or Semi-Public, Commercial, Industrial, Transportation, Communication, Utility, or Marine Use as identified in the Use Classification Group in the Comprehensive Zoning Ordinance. In the case of Mixed-use properties, Multi-residential properties, or agricultural properties with one or more dwelling units, residential housing units are residential property. 34. Off-Premise Sign: A sign that displays a business name or advertises products or services that are located, sold, produced, or otherwise furnished elsewhere than on the premises on which the sign is located. 35. On-Premise Sign: A 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 nonpermanent signs. 36. 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. 37. 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, wall, or the ground. 38. 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. 6

7 39. Projecting sign: A commercial sign attached to and projecting from the face of a wall or building, where the horizontal sign face is not parallel to the building wall. A projecting sign does not project above the parapet or eave line of the building. 40. Property: A piece of land as shown on the current, recorded plat; or a piece of land identified through a survey signed and sealed by a Maryland licensed surveyor provided the survey is more recent than the current plat. 41. Real Estate Sign: A nonpermanent sign advertising 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. 42. Residential Property: 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. 43. Roof Sign: Any sign erected upon or above a roof or parapet wall of a building or placed above the apparent flat roof or eaves of a building. 44. Sign Structure: Any structure that supports a sign. 45. Three-dimensional Signs: This category includes but is not limited to air-activated and balloon signs. 46. 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. 47. Wind Flag Sign: A nonpermanent sign that is constructed of cloth, canvas, plastic, fabric, or similar lightweight, nonrigid material and that is supported by a single, rigid or semirigid vertical member mounted into the ground or a base. Types of wind flag signs include, but are not limited to, blade, feather, curved, and teardrop signs. 48. Window Sign: A nonpermanent commercial sign viewable through or affixed in any manner to a window or glass door such that it is intended to be viewable from the exterior of a building. Types of window signs include, but are not limited to, window paintings, paper or plastic signs affixed to windows, and signs located inside a building but visible primarily from the outside of the building. This does not include merchandise and other displays located in a window, or messages intended to only be viewable from the interior of a building. 49. Yard Sign: A nonpermanent sign, placed on the ground or attached to a supporting structure, posts or poles. A yard sign is not attached to any building. Three dimensional signs are not yard signs. 7

8 03. Residential Property: Signs Allowed 01. Residential Subdivision identification signs i. A residential subdivision may have one permanent, on-premise, ground sign on each side of a at each vehicle entrance. ii. The maximum sign face area is in the chart below iii. If the sign will have illumination of any type, it must be low ambient lighting that minimizes light pollution. iv. Digital signs are not allowed. Maximum Sign Face Area of Residential Subdivision Identification Signs Maximum Speed Limit Number of Traffic Lanes Maximum Square Foot Area < 30 mph < 3 32 square feet > 35 mph < 3 40 square feet < 30 mph square feet > 35 mph square feet 02. Standards for nonpermanent signs on residential property. i. The types of nonpermanent signs allowed on residential property are banner signs, bus shelter signs, bus shelters for school children as signs, and yard signs. 1. Nonpermanent signs with non-commercial messages on residential property a. Each residential property may have sixty-four forty-two square feet of nonpermanent sign face area for non-commercial messages. b. The maximum sign face area of any one nonpermanent sign with a noncommercial message is thirty-two twenty-four square feet. c. The maximum height of any nonpermanent sign with a non-commercial message is six feet. d. Nonpermanent signs with non-commercial messages may not be illuminated. e. Nonpermanent signs with non-commercial messages may not be digital signs. 2. Nonpermanent yard signs with commercial messages on residential property a. Road classifications where nonpermanent, off-premise yard signs with commercial messages are allowed and not allowed: i. Nonpermanent signs with commercial messages may not be constructed on the frontage of residential properties on scenic corridors as designated in CZO ii. Nonpermanent signs with commercial messages on residential properties may be erected on state roads that are not scenic corridors; or iii. a county road classified as an arterial or major collector that is not a scenic corridor; or iv. a minor collector with an average vehicle trips per day of XXX that is not a scenic corridor. b. A residential property that is allowed nonpermanent yard signs with commercial messages may have a total of thirty-two square feet of sign face area. 8

9 c. The maximum sign face area allowed for a nonpermanent yard sign with a commercial message located on residential property is thirty-two square feet per face. [A double-faced sign would have 64 square feet counting both sides.] d. A property in this category may have an additional thirty-two square feet of sign face area for each fifty feet of linear frontage on a qualifying public road. e. A sign in this category may not be illuminated. f. A sign in this category may not be a digital sign. g. The maximum height of any nonpermanent sign with a commercial message: i. Six feet for yard signs ii. Eight feet (?) for bus shelter and bus shelter for school children used as a sign h. Nonpermanent signs with commercial messages may not be illuminated. i. Nonpermanent signs with commercial messages may not be digital signs. j. A home occupation with a valid home occupation permit may have one onpremise sign that identifies the home occupation. i. The maximum size of the sign face is six square feet. The sign face area of a home occupation sign is in addition to the allowed 64 square feet of sign face area. ii. The maximum height of the sign is six feet. iii. If the home occupation is for a use conducted after sundown, the sign may be illuminated during the hours of operation. iv. Digital signs are not allowed. k. Real estate signs located on the property for sale or lease: i. The maximum sign face area of an individual real estate sign is nine square feet. ii. The maximum height of a real estate sign is six feet. iii. A real estate sign may not be illuminated. iv. A real estate sign may not be a digital sign. l. Construction signs located on the property where the construction is taking place: i. The maximum signs face area of an individual construction sign is eighteen square feet [from Ch. 65] ii. The maximum height of a construction sign is six feet [5 feet in Ch. 65] iii. A construction sign may not be illuminated. iv. A construction sign may not be a digital sign. m. Bus shelter signs i. The sign face area of signage visible from one direction may not exceed thirty-two square feet. ii. Bus shelter signs must be transparent, consisting of see through window graphics, perforated window film, perforated window decals, or similar transparent material. iii. A bus shelter sign may not be illuminated iv. A bus shelter sign many not be a digital sign. n. Bus shelters for school children as signs i. These signs may not be constructed on scenic corridors as designated in CZO

10 ii. These signs may only be displayed on a bus shelter located at a site certified as a current school bus stop by the St. Mary s County Public Schools Director of Transportation. iii. The maximum sign face area of signage visible from one direction is thirty-two square feet. iv. A bus shelter for school children as a sign may not be illuminated. v. A bus shelter for school children as a sign may not be a digital sign. vi. feet per face. [A double-faced sign would have 64 square feet counting both sides.] vii. A property in this category may have an additional 32 square feet of sign face area for each 50 feet of linear frontage on a public road. viii. A sign in this category may not be illuminated. ix. A sign in this category may not be a digital sign. 04. Nonresidential Property: Signs Allowed 01. Standards for Permanent On-premise Signs for Nonresidential Property. i. Sign Face Area: 1. The maximum sign face area allowed for a permanent, freestanding, on-premise sign on nonresidential property is determined by the public road or roads from which driveway access is provided to the property according to the following chart: Maximum Sign Face Area of Permanent, On-premise, Freestanding, Signs on Nonresidential Property Does Not Apply to Digital Signs or to Entrance Signs for Commercial Centers Maximum Speed Limit Number of Traffic Lanes Maximum Square Foot Area < 30 mph < 3 32 square feet > 35 mph < 3 40 square feet < 30 mph square feet > 35 mph square feet 2. The maximum sign face area allowed for a permanent sign at an entrance of a commercial center is 144 square feet. 3. Digital Signs: a. The sign face area for a digital sign may be the greater of 32 square feet or 75% of the sign face area allowed for a non-digital, permanent, on premise, freestanding sign shown in the chart above. b. The maximum sign face area for digital signage in a permanent sign at the entrance of a commercial center is 50% of the sign face area for that sign. c. Each face of a double-sided sign may be a digital sign. d. Additional requirements for digital sign faces: 10

11 i. The images and messages displayed must be static. Animation is not allowed. ii. The transition from one static display to another must be instantaneous without any special effects. iii. The messages shall be on a cycle of not less than ten seconds. iv. Digital signs 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 Department that it is not complying with the standards of this Ordinance. v. A digital sign shall come equipped with an automatic dimming photocell which automatically adjusts the display s brightness based on ambient light conditions. vi. 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). a. Permanent digital signs may only be on-premise signs. 4. Wall signs: a. The maximum sign face area of a wall sign is thirty-five percent (35%) of the exterior surface of the wall below the roof line upon which the wall sign is located, or a maximum square footage of 300 square feet whichever is less. i. Sign face area may not be transferred from one wall to a different wall. b. Digital Wall Signs: i. Each wall that is allowed wall signage may have one digital sign with a sign face area no larger than the maximum sign face area allowed for a freestanding sign based on the public road in front of the wall. ii. A digital wall sign must conform to the specifications for digital sign face area. c. A wall sign may not extend above the top of a parapet wall or a roofline at the wall, whichever is higher. d. A wall sign may not be a commercial sign. 5. Awning, canopy, and marquee signs: a. The sign face area of awning, canopy, and marquee signs must be included in the square footage for wall signage. 6. Projecting signs: 11

12 a. The sign face area for a projecting sign must be included in the square footage for wall signage. b. The maximum sign face area of a projecting sign is sixteen square feet. 7. Ground signs: The maximum sign face area of a ground sign is as shown in the chart above on maximum sign face area. 8. Roof signs are not allowed. ii. Height of permanent, freestanding on-premise signs on nonresidential property 1. The maximum height of any permanent, freestanding, sign, except for ground signs, on nonresidential property is twenty feet. 2. The maximum height of any permanent ground sign on nonresidential property is six feet. iii. Number of permanent freestanding on-premise signs allowed on nonresidential property 1. Every developed nonresidential property: a. Is allowed at least one permanent, freestanding, sign per parcel. b. The maximum number of freestanding signs allowed on a nonresidential property is three. c. There must be a minimum separation of 200 feet between two freestanding signs, unless the two signs are at driveway connections that are closer than 200 feet apart. 02. Standards for permanent off-premise signs billboards Chapter 65.4 Regulations for Off-Site Advertising Signs. Off-site advertising signs are only permitted within the County in accordance with this section. Any nonconforming off-site advertising sign may only be reconstructed or relocated pursuant to a relocation agreement between the County and the sign owner. The subsections are: 1 Directional signs; 2, Bus Shelters; and 3 Nonprofit and civic organizations. David Weiskopf told me that since billboards are not listed as allowed, they are prohibited. The Commissioners who passed Chapter 65 prohibited billboards by not including them as an allowed off-site advertising sign. i. New billboards are prohibited. ii. No existing billboard may be modified to a digital billboard. 05. Standards for Nonpermanent Signs on Nonresidential Property 01. The types of nonpermanent signs allowed on nonresidential property are: i. For developed nonresidential property: 1. Air-activated 2. Balloon 3. Banner 4. Bus shelter 12

13 ii. 5. Bus shelters for school children as signs 6. Construction 7. Digital 8. Ground 9. Portable 10. Real estate 11. Yard 12. Wind flag 13. Window For property used for animal husbandry, crop production and horticulture, or silviculture: 1. Banner 2. Bus Shelter 3. Bus shelters for school children as signs 4. Construction 5. Ground 6. Portable 7. Real estate 8. Yard 9. Wind flag 02. Number of nonpermanent signs on developed nonresidential property. i. Each use in a commercial center is considered a single, developed nonresidential property for nonpermanent signage. a. Two of the following types of nonpermanent signs are allowed for every developed nonresidential property: air-activated, balloon, banner, digital, ground, portable, window, and yard. i. Portable sign standards for developed nonresidential property: 1. The sign shall be located in front of the establishment which the sign serves. 2. The sign must be freestanding 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. 3. 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. 4. 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. 5. The sign shall be weighted so that it is stable and windproof. 6. 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. 7. The sign cannot have sharp edges or any protrusions or features that could be a hazard to pedestrians. 13

14 ii. 8. 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. A digital sign used as a nonpermanent sign must comply with the standards for digital sign sign face area. b. The following signs are allowed in addition to the two allowed nonpermanent signs: i. Window signs: 1. A digital sign used as a window sign must conform to the specifications for digital sign face area. 2. No more than 25 percent of the square footage of each window or clear door that is visible to the public from a public road, sidewalk, or parking area may have signage. 3. A sign that is not attached to a window or door but is visible from the exterior of the building and is intended to be viewed in the same manner as a sign attached to a window or clear door is a sign and its sign face area must be included in the allowed 25 percent. ii. iii. Wind flags: 1. Developed nonresidential property also may have one wind flag sign for every 50 linear feet of property frontage on a public road. 2. 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. 3. Wind flag signs allowed on one frontage cannot be placed on another frontage. Bus shelter signs: 1. Bus shelter signs must be transparent, consisting of see-through window graphics, perforated window film, perforated window decals, or similar transparent material. iv. Bus shelters for school children as signs: 1. Bus shelters for school children as signs are not allowed on a designated scenic corridor per CZO Signs may only be displayed on a bus shelter located at a site certified as a current school bus stop by the St. Mary s County Public Schools Director of Transportation. 3. Two sides of a bus shelter for school children may have one sign each. 4. Illumination is not allowed. 5. Digital signs are not allowed. v. Construction signs: 1. A construction sign may not be illuminated. 2. A construction sign may not be a digital sign. vi. Real estate signs: 1. A real estate sign may not be illuminated 2. A real estate sign may not be a digital sign. vii. Ballfield fence banner signs 14

15 1. The face of ballfield fence banner signs must be intended to be viewed by players or spectators c. Sign face area of nonpermanent signs on developed nonresidential property i. Every developed nonresidential property is allowed a sign face area of 64 square feet for the two allowed nonpermanent, signs. ii. Unless otherwise specified, the maximum sign face area for a nonpermanent, sign is 32 square feet. iii. Sign face area for three-dimensional signs: 1. The maximum sign face area of any nonpermanent sign face area of three-dimensional signs, such as air-activated signs and balloons, is determined from a two-dimensional, scaled photograph or drawing. 2. The sign face area of three-dimensional signs must be included in the total allowed sign face area for nonpermanent signs of 64 square feet. 3. A three-dimensional sign may not exceed 32 square feet in area. iv. The maximum sign face area of a portable sign is twelve square feet. v. The maximum sign face area of a construction sign is eighteen square feet. vi. The maximum sign face area of a real estate sign is thirty two square feet. vii. The maximum sign face area of a bus shelter sign visible from one direction may not exceed thirty-two square feet. viii. The maximum sign face area of an individual sign on a bus shelter for school children sign structure is thirty-two square feet. v. The sign face area of the following signs is not included in the 64 square feet maximum allowed for the two allowed nonpermanent signs 1. Ballfield signs 2. Bus shelter signs 3. Bus shelter for school children as a sign structure 4. Construction signs 5. Real estate signs 6. Wind flags 7. Window signs d. The maximum height of nonpermanent signs on nonresidential property: Type Height Air-activated 12 feet Ballfield No higher than the top of the fence Balloons 15 feet 10 feet 6 feet for animal husbandry, crop Banner production and horticulture, and silviculture Bus Shelters and Bus Shelters for School 10 feet Children as Signs Construction 6 feet Ground 6 feet Portable 4 feet Real estate 6 feet 15

16 Wind flag Window Yard 12 feet the height is determined by the glass 6 feet 03. Additional standards for signs located on property used for animal husbandry, crop production and horticulture, or silviculture i. The types of signs allowed on property used for animal husbandry, crop production and horticulture, or silviculture: a. Ballfield b. Banner c. Bus shelter d. Bus shelter for school children as signs e. Construction f. Ground g. Portable h. Real estate i. Yard j. Wind flag ii. Every nonresidential property in this category is allowed a sign face area of 64 square feet for nonpermanent signs. 1. A property in this category may have an additional 32 square feet of sign face area for each 50 feet of linear frontage on a public road. iii. The maximum sign face area for any single nonpermanent sign is 32 square feet. iv. The maximum height of signs permitted in this category is in the chart above. v. Signs that have commercial messages may not be constructed on the frontage of properties in this category when that frontage is on a designated scenic corridor per CZO (what if they are setback 200 or more feet?) 1. Exceptions are real estate signs vi. Illumination is not allowed. vii. Digital signs are not allowed. 01. Any message may be displayed on a nonpermanent sign located on a property used for animal husbandry, crop production and horticulture, or siliviculture when: i. The property has frontage on a State road that has not been designated a scenic corridor per CZO ; [One of the owners of school bus shelters with signs stated that the State would not allow bus shelter signs on scenic roads (corridors) because of the Highway Beautification Act. Should this restriction on bus shelters with signs also apply to other nonpermanent, off-premise, commercial signs? The list of County scenic corridors is below]; or ii. The property has frontage on a County road that is classified as an arterial or major collector [the County functional classification illustration is below] that has not been designated a scenic corridor per CZO ; or iii. The property has frontage on a County road that is classified as a minor collector with an average daily traffic count over XXX vehicles trips per day and that road has not been designated a scenic corridor per CZO [Functional classification considers more than just vehicles per day as shown in the 16

17 illustration below. The purpose of a sign is to be seen by potential customers: for the SFG vehicle count may be the most important criterion(?).] Scenic Corridors Established. The following scenic corridors are established. a. St. Andrews Church Road and Patuxent Beach Road (MD Route 4). b. Point Lookout Road (MD Route 5). c. New Market Turner Road (MD Route 6). d. Budds Creek Road (MD Route 234). e. Mattapany Road. f. Easterly side of Three Notch Road (MD Route 5) from the intersection of Old Village Road and Three Notch Road (MD Route 5) to the northern junction of Three Notch Road (MD Route 5/MD Route 235) and Point Lookout Road (MD Route 5). g. Both sides of Three Notch Road (MD Route 235) from the northern junction of Three Notch Road (MD Route 5/MD Route 235) and Point Lookout Road (MD Route 5) to the northern boundary of the Hollywood Town Center. 02. Nonconforming signs. 01. A nonconforming sign which is altered, relocated, or replaced must be brought immediately into compliance with all provisions of this Title. Maintenance of a permanent, on-premise, nonconforming sign in its original size, format, and location is not an alteration, relocation or replacement. 02. The County or any person or organization questioning the nonconforming status of a sign has the burden of proving the sign does not meet the legal definition of a nonconforming sign. The owner of property that contains an on-premise nonconforming sign that is being maintained has the burden of proof by clear and convincing evidence that the sign meets the legal definition of a nonconforming sign. The owner of an off-premise nonconforming sign that is being maintained has the burden of proof by clear and convincing evidence that the sign meets the legal definition of a nonconforming sign. Comprehensive Zoning Ordinance Nonconforming Signs. 1. Continuation and Maintenance of Nonconforming Signs. Routine maintenance and repairs may be performed on nonconforming signs. 2. No nonconforming sign shall be altered or reconstructed so as to increase the discrepancy between existing conditions and the standards for front yards, buffer yards, side yards, rear yards, height of structures, distances between structures, driveways, or open space prescribed in the regulations for the district in which the sign is located. No nonconforming sign or its structural components, shall be moved or enlarged unless the new location or enlargement shall conform to the standards for front yards, side yards, rear yards, height of structures, distances between structures, driveways, open space or signs prescribed in the regulations for the district in which the sign is located. Changes in text and graphics on a nonconforming sign are permitted provided the sign is not structurally altered, enlarged, or moved. 17

18 3. Reconstruction of a Damaged Nonconforming Sign. A nonconforming sign may be reconstructed as authorized by Section Restoration of a Damaged Structure. If a nonconforming structure or a structure containing a nonconforming use is destroyed by fire or other calamity, the structure may be restored and the nonconforming use may be resumed, provided that appropriate approvals and permits are secured and the standards of this Ordinance are met insofar as possible. If the restoration is not started within two years and diligently brought to completion, the building or structure shall be removed and the area cleared. 03. 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 noncommercial copy may be substituted for other commercial or noncommercial copy on any commercial sign which is allowed by this Title. 08. 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 municipal infraction under Title 6 of the Local Government Article of the Annotated Code of Maryland. 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 18

19 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. 09. Permits 1. A permit from the Department of Land Use and Growth Management is required to erect a new permanent sign. 2. A permit from the Department of Land Use and Growth Management is required to erect a new bus shelter for school children as a sign. SECTION II. This Ordinance shall be effective upon the date written below. 19

20 The functional classifications of County roads and traffic volume counts have not been compiled and added to the County GIS. Thus, I do not think the SFG will be able to conclude the section on nonpermanent signs with commercial messages on residential property. As for Scenic Corridors: the adopted Scenic Corridors are: St. Andrews Church Road and Patuxent Beach Road (MD Route 4). Point Lookout Road (MD Route 5). New Market Turner Road (MD Route 6). Budds Creek Road (MD Route 234). Mattapany Road. Both sides of Three Notch Road (MD Route 235) from the northern junction of Three Notch Road (MD Route 5/MD Route 235) and Point Lookout Road (MD Route 5) to the northern boundary of the Hollywood Town Center. Easterly side of Three Notch Road (MD Route 5) from the intersection of Old Village Road and Three Notch Road (MD Route 5) to the northern junction of Three Notch Road (MD Route 5/MD Route 235) and Point Lookout Road (MD Route 5). These roads can be viewed using the County s GIS maps. Here is how to find them: Go to the County s home page: Move your cursor to Public Agencies and then click on GIS in the left hand column - underlined On the lower left, click on the blue box with St. Mary s County GIS Map

21 The map page opens up and you will see a search box in the upper left and instructions on the right Click on the layers list which is on the right upper corner Layers List To begin with check Address Points, Road Centerlines, and Property Boundaries

22 Now turn your attention to the Search Box: The five illustrations below show the road names to type in. Then click the magnifying glass on the right and it will take you to a portion of the road. You can use your mouse wheel to enlarge or reduce the map you are looking at. You can move along the road using your cursor.

23 To find the following Scenic Corridor that ends at the northern boundary of the Hollywood Town Center, you will need to return to the Layers List and check Growth Areas: Both sides of Three Notch Road (MD Route 235) from the northern junction of Three Notch Road (MD Route 5/MD Route 235) and Point Lookout Road (MD Route 5) to the northern boundary of the Hollywood Town Center. This will turn on all the growth areas and they will be outlined in a blue dashed line. From the northern boundary of the Hollywood Town Center you can move your cursor to the northern point of the Scenic Corridor. By this time I am sure you can navigate to find the last Scenic Corridor on you own: Easterly side of Three Notch Road (MD Route 5) from the intersection of Old Village Road and Three Notch Road (MD Route 5) to the northern junction of Three Notch Road (MD Route 5/MD Route 235) and Point Lookout Road (MD Route 5). At the meeting the County GIS will be projected and we can follow the Scenic Corridor roads on the screen.