SIGNS AND ADVERTISING STRUCTURES
(a)
The purpose of this article shall be to coordinate the type, placement, and scale of signs within the different land use zones to recognize the commercial communication requirements of all the sectors of the business community; to encourage the innovative use of design; to promote both renovation and proper maintenance; to allow for special circumstances; and to guarantee equal treatment under the law through accurate record keeping and consistent enforcement. These shall be accomplished by regulation of the display, erection, use, and maintenance of signs. The use of signs is regulated according to zone and type of sign. The placement and scale of signs is intended to be standardized and simplified, giving regard only to type of business location and its respective scale, with only general regard to frontage or other individual factors, unless modified by the Planning Commission. Street frontage, lot size, investment, and surrounding conditions must also be considered. No sign shall be permitted as a main or accessory use except in accordance with the provisions of this article.
(b)
This division shall not relate to building design; nor shall this division regulate official traffic or government signs; the copy and message of signs; signs not intended to be viewed from a public right-of-way; window displays; product dispensers and point of purchase displays; scoreboards on athletic fields; flags of any nation, government or noncommercial organization; gravestones; barber poles; religious symbols; or commemorative plaques; nor shall it diminish the powers granted to the Historic District Commission as provided for in Land Use Article of the Annotated Code of Maryland. Thus, the primary intent of this division shall be to regulate signs of a commercial nature intended to be viewed from any vehicular or pedestrian right-of-way.
The following definitions shall apply to this Division 7, Signs and Advertising Structures, only. In the event of a conflict between a definition in this Division 7 and Division 1, Zoning, of this article, the definitions contained in this Division 7 shall supersede as to this division only.
Abandoned sign. A sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity.
Area. (See "sign, area of.")
AASHTO. The American Association of State Highway and Transportation Officials, and is used in reference to the latest design guides for highways and urban streets.
Awning. A shelter projecting from and supported by the exterior wall of a building constructed of nonrigid materials on a supporting framework. (Compare "marquee".)
Awning sign. A sign painted on, printed on, or attached flat against the surface of an awning.
Back lit awning. (See "electric awning sign.")
Banner sign. A sign made of fabric or any nonrigid material with no enclosing framework.
Billboard. (See "off-premises sign.")
Blade sign. (See "Ground Sign.")
Building. Building shall have the same meaning as that contained in Section 20-1.7 of this article.
Building identification sign. A sign affixed to an exterior wall of a building which identifies the building.
Canopy (building). A rigid multi-sided structure covered with fabric, metal or other material and supported by a building at one (1) or more points or extremities and by columns or posts embedded in the ground at other points or extremities. May be illuminated by means of internal or external sources. (Compare "marquee.")
Canopy (freestanding). A rigid multi-sided structure covered with fabric, metal or other material and supported by columns or posts embedded in the ground. May be illuminated by means of internal or external sources.
Canopy sign. A sign affixed or applied to the exterior facing surface or surfaces of a building or freestanding canopy.
Clearance (of a sign). The smallest vertical distance between the grade of the adjacent street, highway, or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.
Clear view zone. The area of a corner lot closest to the intersection, which is kept free of visual impairment to allow full view of both pedestrian and vehicular traffic. Typically, the clear view zone is a triangular area established by marking a point at the intersection of the extended curb lines tangent to the point of curvature/point of tangency points on the curb's radius, and measured back along said lines given distances, and drawing a line across the two (2) back points to form the third side of the figure. The lengths of the curb line (including tangent extensions) sides of the zone shall be established so as to achieve the minimum recommended AASHTO sight distance(s) for vehicles on each intersection approach.
Construction sign. A temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.
Copy. The graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form.
Directional/information sign. An on-premise sign giving directions, instructions, or facility information, such as directories, parking or exit or entrance signs, which may contain the name or logo of an establishment but no advertising copy.
Digital billboard. Digital billboard means an off-site sign utilizing digital message technology, capable of changing the static message or copy on the sign electronically. A digital billboard may be internally or externally illuminated. Digital billboards shall contain static messages only, and shall not have animation, movement, or the appearance or optical illusion of movement, on any part of the sign structure, design, or pictorial segment of the sign. Each static message shall not include flashing lighting or the varying of light intensity.
Double-faced sign. A sign with two (2) faces, essentially back-to-back.
Electric awning sign. (Also "back lit awning.") An internally illuminated fixed space-frame structure with translucent, flexible reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning.
Electrical sign. A sign or sign structure in which electrical wiring, connections, or fixtures are used.
Facade. The entire building front including the parapet.
Face of sign. The area of a sign on which the copy is placed.
Festoons. A string of ribbons, tinsel, small flags, or pinwheels, or other similar devices.
Freestanding sign. A sign supported permanently upon the ground by poles or braces and not attached to any building. The definition does not include "blade" or "ground" signs.
Frontage. The length of the property line of any one (1) premises along a public right-of-way on which it borders.
Frontage, building. The length of an outside building wall on the predominant public right-of-way.
Government sign. Any temporary or permanent sign erected and maintained by the City, county, state, or federal government for traffic direction or for designation of or direction to any school, hospital, historical site, or public service, property or facility.
Ground sign. (Also "blade sign.") A sign which is anchored to the ground similarly to a pylon or freestanding sign, but which has a monolithic or columnar line and which maintains essentially the same contour from grade to top. (See also "low profile" sign.)
Height (of a sign). The vertical distance measured from the highest point of the sign, excluding decorative embellishment, to the grade of the adjacent street. (Compare "clearance".)
Identification sign. A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.
Illegal sign. A sign which does not meet the requirements of this division and which has not received legal nonconforming status.
Illuminated sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
Incidental sign. A small sign, emblem, or decal intended to provide information to the public as to goods, facilities, or services available on the premises, but not intended to be a primary means of advertisement for the premises. Examples of incidental signs are signs indicating accepted credit cards, signs indicating hours of operation, service organization emblems, professional organization affiliation signs, governmental permits or decals, and security system decals.
Lot. A parcel of land legally defined on a subdivision map recorded with the assessment department or land registry office, or a parcel of land defined by a legal record or survey map.
Low profile sign. (Also "monument sign.") A sign mounted directly to the ground with maximum height not to exceed six (6) feet.
Maintenance. For the purposes of this division, the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.
Mansard. A sloped roof or roof-like facade architecturally comparable to a building wall.
Marquee. A permanent roof-like structure or canopy of rigid materials supported by and extending from the facade of a building. (Compare "awning.")
Marquee sign. Any sign attached to or supported by a marquee structure.
Monument sign. (See "low profile sign.")
Multiple-faced sign. A sign containing three (3) or more faces, not necessarily in back-to-back configuration.
Nameplate. A nonelectric on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.
Nonconforming sign.
(a)
A sign which was erected legally, but which does not comply with subsequently enacted sign ordinances and regulations.
(b)
A sign which does not conform to the requirements of this division, but for which a modification from those requirements has been granted pursuant to the provisions of this division relating to such modifications.
Occupancy. The portion of a building or premises owned, leased, rented, or otherwise occupied for a given use.
Off-premises sign (also "billboard"). A sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which said sign is located, e.g., "billboards" or "outdoor advertising," and considered a use, not a sign, on the subject property. (See Section 20-18 of this division.)
Off-site directional sign. A sign which provides directional assistance to access an establishment conveniently and safely subject to the provisions of this division.
On-premises sign. A sign which pertains to the use of the premises and/or property on which it is located.
Owner. A person or persons whose name or names appear as owners of record on a deed or deeds, or on other instruments of ownership, in the Land Records of Prince George's County, Maryland, and shall include equitable owners of record, personal representatives of an estate, or persons holding title to property for the benefit of others, such as a trustee. For the purposes of this division, the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Administrator, e.g., a sign leased from a sign company.
Painted wall sign. Any sign which is applied with paint or similar substance on the surface of a wall.
Parapet. The extension of a false front or wall above a roofline. Flat wall sign mounted on the parapet wall are not considered roof signs.
Person. Any individual, corporation, association, firm, partnership, or other legal entity.
Point of purchase display. Advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser, tire display, etc.
Pole cover. Cover enclosing or decorating poles or other structural supports of a sign.
Pole sign. (See "freestanding sign").
Political sign. A temporary sign used in connection with a local, state, or national election or referendum.
Premises. A parcel of land with its appurtenances and building which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
Projecting sign. A sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign.
Pylon sign. A freestanding sign similar to a blade sign but which includes one (1) or more panels extending beyond the vertical edges of the blade.
Real estate sign. A temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.
Roofline. The top edge of a roof or building parapet, whichever is higher, excluding any mansards, cupolas, pylons, chimneys, or minor projections.
Roof sign. Any sign erected over or on the roof of a building. (Compare "mansard" and "wall sign".)
Setback. Required distance offsetting closest edge of structure or sign and adjacent property lines, rights-of-way and easements.
Sign. Any device, structure, fixture, or placard using graphics, symbols, and/or written copy for the primary purpose of identifying, providing directions, or advertising any establishment, product, goods, or services.
Sign, area of:
(a)
Projecting and freestanding signs. The area of a freestanding or projecting sign shall have only one (1) side of any double sign counted in calculating its area. The area of the sign shall be measured as follows if the sign is composed of one (1) or more individual cabinets:
A rectilinear figure of not more than eight (8) sides shall be drawn around and enclosing the perimeter of each cabinet or module. The area shall then be summed and totaled to determine the total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing, incidental decorative roofing, support structures, etc., provided that there is no written advertising copy or logos on such embellishments.
(b)
Wall and building identification signs. The area of a wall or building identification sign shall be measured as follows:
(1)
If the sign is composed of panels or modules, by continuous perimeter composed of any rectilinear geometric figure, which encloses the limits of the advertising message and background field. The bounded area shall then be calculated and totaled to determine the total area.
(2)
If the sign is composed of individual letters or symbols using the wall as the background with no added decoration, the total sign area shall be determined by continuous perimeter composed of any rectilinear geometric figure formed with right angles, which encloses the limits of the advertising copy. The bounded area shall then be calculated and totaled to determine the total area.
(c)
"V" sign. The area of a "V" sign shall be measured as follows:
(1)
If the sign panels form an angle less than ninety (90) degrees and both panels have identical copy, only one (1) side shall be counted in calculating its area.
(2)
If the sign panels form an angle of ninety (90) degrees or more, the area of both sides shall be calculated and totaled in determining the sign area.
Sign, lease. Temporary sign advertising exclusively the lease of a multi-family residential building, commercial building, or mixed-use building. The lease sign is able to remain in place only until eighty (80) percent of the building is leased.
Snipe sign. A temporary sign or posted affixed to a tree, fence, or a ground mounted sign, etc.
Subdivision identification sign. A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.
Temporary sign. A sign not constructed or intended for long-term use.
Temporary special event sign. A temporary sign erected in advertisement of a sale, promotional program, opening, holiday, or other special event.
"V" sign. A sign consisting of two (2) essentially equal faces, positioned at an angle subtending less than one hundred seventy-nine (179) degrees.
Wall sign. A sign attached essentially parallel to and extending not more than twenty-four (24) inches from the wall of a building with no copy on the sides or edges. This definition includes painted, individual letter, and cabinet signs, and signs erected on a mansard or parapet.
Window sign. A temporary sign that is installed inside a window to advertise sales, products, services, special and community events, and intended to be viewed from the outside. The word "window" shall be construed to mean any glass that comprises part of the surface of the wall, regardless of its movability.
(a)
Permanent advertising signs and sign copy in a window shall be considered a flat wall sign. All signs affixed to the window, placed upon the floor, ledge, or window shall be considered a permanent window sign and subject to other provisions of this division. The determination of what is, or is not a window sign shall be made by the Director of the Economic and Community Director Department.
(b)
Merchandise in a window display is excluded.
(c)
All window signs or merchandise in a window display shall be placed in such a manner that does not obstruct the public from viewing inside the property.
(Ord. No. 1877, 9-26-2016; Ord. No. 1935, 1-28-2019; Ord. No. 1966, 1-25-2021; Ord. No. 1999, 9-26-2022)
(a)
General. It shall hereafter be unlawful for any person to erect, place, or maintain a sign in the City except in accordance with the provisions of this division.
(b)
Signs prohibited. The following types of signs are prohibited in the City of Laurel:
(1)
Abandoned signs, including sign support structures.
(2)
Banners, pennants, festoons, and flags consisting of advertising messages, colors, logos and the like to draw attention to the respective business, except as expressly permitted in this division.
(3)
Signs imitating or resembling official traffic or government signs or signals, including placement in window displays and other areas facing the exterior of a building.
(4)
Snipe signs or signs attached to trees, utility poles, public benches, streetlights, walls, fences, and the like.
(5)
Signs placed on any public property or public right-of-way, except as expressly permitted in this division.
(6)
Commercial vehicles associated with a business shall not be parked in the designated customer parking area at any time, but within a loading space or other employee parking as designated by the Planning Commission. This provision shall not be deemed to prohibit lettering on buses, taxis, or vehicles generally, the primary purpose of which is not to promote a particular premises or business by parking in the vicinity of it.
(7)
All portable, temporary, and temporary special event signs, except as expressly permitted by this article.
(8)
Roof signs, and parapet or wall signs which extend beyond or project above the top of a wall or roofline.
(9)
Signs which obstruct or interfere with traffic control devices, government signs, or adequate sight distances for motorists.
(10)
Any sign which would obstruct an existing legal sign.
(11)
Off-premises signs, except on parcels or lots where such sign is the only use on the subject property.
(12)
Signs containing statements, words, or pictures of an obscene, indecent, or immoral character, such as will offend public morals or decency.
(13)
Wind activated signs, helium-filled or inflated signs, to include balloons, blimps, or other inflated devices.
(14)
Portable signs.
(15)
Changeable lettering or message signs, unless containing a message that does not change in increments of less than six (6) seconds. Such fixed message area may be electronic or manually changed. This shall not apply to digital billboards.
(16)
All signs which blink, flash, glimmer, change intensity, color or other non-fixed message, or moves, flutters, within increments of less than six (6) seconds.
(17)
Meets the definition of festoons, which contains, or consists entirely of pennants, streamers, pinwheels, and the like.
(18)
Subliminal advertising messages of any type.
(19)
Signs which are placed on a municipal, county, or state street right-of-way, except those of, or authorized by, public authorities or agencies.
(20)
Sign or sign structures that are no longer in use, effaced, or otherwise obsolete.
(21)
Any sign no longer advertising a business on premises. Signs shall be removed within thirty (30) days of the date the business ceases.
(c)
Permits required. Unless otherwise expressly exempted pursuant to this division, all signs shall require permits and payment of fees as described in this division. No permit is required for the maintenance of a sign or for a change of copy on a previously approved changeable copy signs. Permits are also required for the installation of electrical signs, in accordance with the provisions of the City Electrical Code.
(d)
Signs not requiring permits. The following types of signs are exempted from permit requirements, but must be in conformance with all other requirements of this division:
(1)
Holiday decorations, including seasonal decorations erected or displayed on lighting or other fixtures by a public agency.
(2)
Nameplates of two (2) square feet or less, except in the designated Historic District boundaries.
(3)
Political signs, as expressly permitted in this division.
(4)
Public signs or notices, or any sign relating to an emergency.
(5)
Real estate signs.
(6)
Temporary real estate directional signs.
(7)
Maximum of three (3) window sign per business not to exceed:
a.
Ten (10) square feet per sign in all Residential, Office Building, Commercial Neighborhood, and Commercial Village Zones.
b.
Twenty (20) square feet per sign in Community Commercial, Commercial General, Commercial Shopping Center, Commercial Village Activity Center and Industrial General Zones.
(8)
Incidental signs.
(9)
Residential yard sale signs, as provided for within this article.
(10)
Government traffic control devices and signs included in an approved site plan.
(11)
Directional and information signs included in an approved site plan guiding traffic and parking on private property, bearing no advertising matter. Such signs shall not exceed ten (10) square feet. Written permission of property owner required.
(12)
Integral signs, such as names of buildings, dates of erection, monumental citations, commemorative plaques and the like when of permanent construction and made a part of the structure.
(13)
General advertising signs and/or panel, not to exceed forty-eight (48) square feet in size for each location, when located on or within a public amenity structure approved pursuant to this division and to any other applicable laws, ordinances, and regulation. Off-site advertising in public amenity structures of a commercial nature which is not expressly authorized in this division shall be prohibited.
(e)
General requirements. The following general requirements shall apply unless otherwise provided for within this article:
(1)
Where an occupancy is on a corner lot, on both public and private streets, a minimum clear view zone shall be maintained in the triangle formed by the street right-of-way lines of such lot and a line drawn between points on such street lines which is fifteen (15) feet from the intersection thereof to allow an unobstructed view of oncoming traffic.
(2)
Freestanding signs shall maintain a minimum clearance of ten (10) feet over any pedestrian use and fourteen (14) feet over any vehicular way.
(3)
Low profile or monument signs shall not exceed six (6) feet in height.
(4)
Ground signs, including "Blade" signs, shall not exceed twenty (20) feet in height.
(5)
Freestanding or pole mounted signs shall not exceed twenty (20) feet in height.
(6)
Except where otherwise required in this division, the minimum setback for a sign, including its supporting structure, is one (1) foot from the property line or the public right-of-way line.
(7)
Projecting signs may extend over public rights-of-way only where there is no building setback, and then may project no more than forty-two (42) inches beyond the right-of-way line, subject to the review and approval of the public agency having jurisdiction over that right-of-way.
(8)
An approved sign permit does not relieve the applicant from any other zoning or Building Code requirements. Other permits (e.g. building permits for structural and electrical work) may be required.
(9)
Trademark and Copyright Logos are exempt from the Historic District General Guidelines as contained in Section 20-26.31, Signage.
(f)
Maintenance. All signs shall be properly maintained in compliance with all applicable City Building and Electrical Codes. Exposed surfaces shall be clean and shall be painted if paint is required. Defective parts shall be replaced. The City shall have the right to order the repair or removal of any sign which is defective, damaged, or substantially deteriorated, as determined by the Department of Economic and Community Development.
(g)
Lighting. Unless otherwise prohibited by this division, all signs may be illuminated. When illumination of a sign is permitted, it must satisfy the following requirements:
(1)
A sign must not be illuminated by other than electrical means, and electrical devices and wiring must be installed in accordance with the requirements of the City Electrical Code.
(2)
Sign illumination must use an enclosed lamp design or indirect lighting from a shielded source in a manner that prevents glare from beyond the property line. This is not applicable to Digital Billboards as defined in Section 20-17.2, and operated pursuant to Section 20-18.2(d).
(3)
The illumination or glare from a sign shall not shine directly onto a street so as to constitute a hazard to motorist.
(h)
Changeable copy.
(1)
Unless otherwise specified by this division, any sign permitted pursuant to this division may use manual, automatic, or electrically or mechanically activated changeable copy, provided, however, that the copy shall not change in increments of less than six (6) seconds. Only one (1) changeable copy sign per premises shall be allowed. Such sign area must be within the permissible area allowed for signs within this division.
a.
Sign contractor's license. No person who is in the business of erecting, altering, relocating, or, constructing signs may do such work, related to signs, in the City, without a valid contractor's license as required by local, state, and federal law or regulation.
b.
Owner consent. No sign may be erected by a tenant of a property without the express written consent of the owner of that property, or duly authorized representative.
(i)
Visibility and Signage.
(1)
All convenience stores, liquor stores, and gas stations shall maintain an unobstructed line of sight allowing a clear view of and from the cash register and sales area. Windows and doors shall be clear of all items that would obstruct a clear view from three (3) feet above the ground to at least six (6) feet above the ground.
(2)
Pool rooms and billiard rooms licensed under Section 8-21 of the City Code shall not have any stained glass in the window or door, or other obstruction of view but shall present a clear and unobstructed view from the street.
(Ord. No. 1795, 3-10-2014; Ord. No. 1877, 9-26-2016; Ord. No. 1935, 1-28-2019; Ord. No. 1663, 1-11-10; Ord. No. 1966, 1-25-2021)
(a)
Signs permitted in all zones. The following signs are allowed in all zones:
(b)
Miscellaneous provisions for specific uses.
(c)
Miscellaneous provisions for specific uses.
(1)
Temporary, real estate directional signs, advertising the sale of real estate only, but excluding signs advertising the leasing or rental of real estate, not exceeding three (3) square feet, for weekend open houses and promotions may be posted on private property and City rights-of-way on approach routes from 4:00 p.m. on Friday until 12:00 noon the following Monday.
(2)
Signs for residential yard sales and related directional signs, not exceeding three (3) square feet of sign area, may be posted on private property and City rights-of-way on approach routes from 4:00 p.m. on Friday until 12:00 noon the following Monday. Yard sales are limited to two (2) events per premises per calendar year.
(3)
Signs listing price(s) for the retail sale of gasoline shall be in compliance with Maryland Annotated Code, Business Regulation Article Section 10-315, as well as other applicable state and federal law. To the extent not pre-empted by state or federal law, however, all signs listing prices for the retail sale of gasoline shall be in compliance with this division, and subject to the approval of the Planning Commission, and shall be either a flat wall sign, or incorporated into a freestanding, low-profile or ground-mounted sign, as provided for elsewhere in this division.
(Ord. No. 1744, 7-23-2012; Ord. No. 1877, 9-26-2016; Ord. No. 1663, 1-11-10; Ord. No. 1966, 1-25-2021; Ord. No. 2024, 4-22-2024)
(a)
Signs which were legally existing, pursuant to previous regulations on January 1, 1993, but which do not conform to the provisions of this division may be eligible for the designation "legal nonconforming" provided that:
(1)
The Director of Economic and Community Development or designee determines such signs are properly maintained and do not endanger public safety.
(b)
A legal nonconforming sign other than a legal nonconforming sign that is converted to a digital billboard shall lose this designation if:
(1)
The sign is relocated or replaced, unless said relocation or replacement is required in the event that any such sign is downed or destroyed through natural causes, and not through an intentional act. If said sign is unintentionally downed or destroyed, the sign may be replaced at the same location and at the same height as it was prior to the destruction or downing of the original sign, but if said sign is relocated, or is replaced with a sign that is higher than the previous sign, the relocated or replaced sign shall have the height and locational limitations as set forth in Section 20-18.2, "Nonconforming Billboards," Subsection (d)(vii).
(2)
The structure or size of the sign is altered in any way, including change of copy in the existing message, except for repairs or maintenance to the existing copy, and excluding changeable copy signs. This shall not apply to digital billboards operated pursuant to Section 20-18.2(d).
(3)
There is a change in the name, trade name or, nature of the business identified by the sign or a change in the principal use of the premises identified by the sign. This shall not apply to digital billboards operated pursuant to Section 20-18.2(d).
(4)
If said nonconforming sign is intentionally destroyed, it may only be replaced by a digital billboard if said digital billboard is fully erected no later than thirty (30) days after the date of destruction.
(c)
A legal nonconforming sign is subject to all requirements of this division regarding safety, maintenance, and repair. However, if the sign suffers more than fifty (50) percent damage or deterioration, as based on appraisal, it must be brought into conformance with this division or be removed. If, however, the Planning Commission concludes that the damaged sign evinces uniquely historical, architectural or aesthetic qualities, such that the loss of the sign would have an adverse impact on the community as a whole, then such damaged sign may be restored to its original appearance, provided that materials exist which can, in fact, restore the sign to its original appearance. The Planning Commission shall only make such conclusion based upon an application for modification filed with the Commission in accordance with Subsection 20-17.7(g), Modifications, of this division. Prior to ordering such removal of a sign or ordering that the sign be brought into conformance with this division, pursuant to this subsection, the Director of the Department of Economic and Community Development or designee shall issue an order directed to the owner of the premises on which such sign is located, and also to the user of the sign, if different from the owner, requiring such person or persons to show cause why such sign should not be brought into conformance or removed within the time specified in that order, as set forth herein. Such order shall provide that the person or persons to whom it is directed shall have a right to an informal hearing before the Director of the Department of Economic and Community Development.
(d)
Sign maintenance. All signs must be maintained in the same condition as when the sign was installed. Normal wear and tear of aged signs shall be repaired when they detract from the visible quality of sign, including, but not limited to, peeling of paint, or the sign being only partially operable, such as disrepair of neon, other lighting, or other deterioration. When obsolete signs are removed on the face of a building, the area should be restored to match the surrounding area.
(e)
Amortization. Nonconforming signs which do not comply with the provisions of this division shall be brought into compliance on or before January 1, 2018, unless waived, or modified by the Planning Commission in accordance with the provisions of Subsection 20-17.7(g), Modifications.
(Ord. No. 1935, 1-28-2019; Ord. No. 1966, 1-25-2021)
All signs shall be installed in compliance with applicable Building and Electrical Codes as required by the City.
(a)
Administrator. Any interpretation of this article shall be conducted by the Director of the Economic and Community Development or designee, who, is authorized to process applications for permits and variances, hold public hearings as required, and enforce and carry out all provisions of this division.
(b)
Application for permits. Application for a permit for the erection, relocation, or to ensure compliance with the requirements of this division shall be made electronically to the City via the online Epermits portal and shall include the following information:
(1)
Name and address of the owner of the sign.
(2)
Street address or location of the property on which the sign is to be located, along with the names and addresses of the owners of that property.
(3)
The type of sign or sign structure as defined in this division.
(4)
A site plan, with all dimensions of the sign, which also shows measurements of the proposed location of the sign as well as the locations of all existing signs on the same premises.
(5)
Specifications and drawings showing the materials, design, dimensions, structural supports, and electrical components of the proposed sign.
(c)
Permit fees. All applications for sign permits filed with the City shall be accompanied by a payment of a fee. The Mayor shall set the fees for activities and services performed. Fees shall be subject to review and revision periodically as experience dictates to ensure that the fees are equitable and in line with the costs of administration.
There shall be no permit fee for the application and certification of a legal nonconforming use.
(d)
Issuance and denial.
(1)
Approved permits shall be issued by the Office of the Fire Marshal and Permit Services. The Office of the Fire Marshal and Permit Services shall issue stickers or tags for approved sign installations and periodic inspections.
(2)
When a permit is denied, the City shall provide a written notice to the applicant accompanied by a brief written statement of the reasons for denial, citing code sections and interpretation of possible nonconformity. The City may suspend or revoke a permit issued based on any false statement or misrepresentation of fact in the application. The City may also suspend or revoke permits issued in error, provided, however.
(e)
Permit conditions; refunds.
(1)
If a permit application is denied, the permit fee will be refunded to the applicant.
(f)
Inspection upon completion. Any person installing, structurally altering, or relocating a sign for which a permit has been issued shall notify the City upon completion of the work. The City may require a final inspection, including an electrical inspection and inspection of footings.
(g)
Modifications.
(1)
Any applicant may apply to the Planning Commission for a modification from certain requirements of this division. A modification may be granted by the Commission where the literal application of this division would create a particular hardship for the sign user and all of the following criteria are met:
a.
A strict application of this division would result in a peculiar hardship due to substantial impairment of visibility, or other site factors which are unique to the property, or there are unique physical conditions or exceptional topographic conditions peculiar to the property, not created or allowed by the owner or applicant, on which the sign is to be located, including the location of existing buildings and other structures, irregular or unusual narrowness or shallowness of the lot, irregularity of the road right-of-way, which conditions lead to a practical difficulty and undue hardship in complying strictly with the provisions of this division.
b.
The granting of the requested variance would not be detrimental to the property owners in the vicinity.
c.
The hardship does not apply generally to other locations in the City.
d.
The modification would not result in an undue concentration of signs in the immediate vicinity, would not cause visual confusion, and would not be detrimental to public safety and visibility, and
e.
The granting of the modification would not be contrary to the general objectives of this division, the remainder of the Zoning Regulations, or the duly adopted Master Plan of the City.
(2)
In granting a modification, the Planning Commission may impose additional requirements necessary to carry out the spirit and purpose of this division in the public interest.
(3)
In appropriate situations, the Planning Commission may consider existing historical, architectural, or aesthetic features of the sign, or environmental features of the site, which would be adversely affected by a strict application of this division.
(4)
Notwithstanding anything to the contrary contained in this section, no modification may be granted by the Planning Commission, pursuant to this section, if such hardship was self-imposed by the applicant. For the purposes of this section, a hardship shall be deemed to be "self-imposed" if the alleged hardship was proximately caused by the action or omission of the applicant or his agent.
(5)
The following conditions or considerations shall not constitute hardships or unique conditions which favor a modification:
a.
Guidelines or requirements of the Historic District Commission;
b.
Existing signs, whether conforming, legally nonconforming, or otherwise, in the vicinity of the subject sign, with which the subject sign might compete, or be compared with, in terms of size, aesthetics, or otherwise;
c.
Existing market or economic conditions due to which the applicant wishes to increase the size or visibility of his sign; or
d.
A desire on the part of the applicant to modify the subject sign, in contravention of this division, to make it visible or more noticeable, to target populations on roads or highways in the vicinity of the applicant's business, or elsewhere.
(6)
The provisions of this section relating to modifications shall be strictly construed by the Planning Commission.
(7)
Signs which are contained within the approvals of a RO, Revitalization Overlay application may be waived, if they are submitted in conjunction with the final plan of revitalization overlay proposal being considered as a final plan by the Planning Commission.
(h)
Violations.
(1)
Violations of this division shall be municipal infractions, and not misdemeanors.
(2)
Temporary special event signs, banner and portable signs. The Director of the Department of Economic and Community Development, upon finding that a temporary special event sign, banner, or portable sign is not in compliance with this division, may, by written notice to the owner and the permittee, provide the permittee fourteen (14) days to bring such sign into compliance with this division. Any owner or permittee who fails to comply with the notice shall be guilty of a municipal infraction. The Director of the Department of Economic and Community Development may extend this fourteen-day period for a reasonable time for good cause. If such sign is not brought into compliance with this division within such period, the Director of the Department of Economic and Community Development, or their designee, may issue a municipal infraction citation for each day thereafter that such sign fails to comply with this division. The fine for each individual violation of this division relating to temporary special event signs, banners and portable signs shall be two hundred fifty dollars ($250.00).
(i)
Removal of signs by the City.
(1)
The City may cause the removal of an illegal sign in cases of emergency, or for failure to comply with the written orders of removal or repair. The City may remove any temporary sign or banner which is not in compliance with applicable law and may remove any temporary sign or banner which is torn, frayed, dirty, or otherwise in a state of disrepair, upon fourteen (14) days' prior written notice to the sign owner and permittee. Such notice may be included in the notice referred to in Subsection 20-17.7(h)(2). After removal or demolition of the sign, a notice shall be mailed to the sign owner and the sign permittee stating the nature of the work and the date on which it was performed. Payment of the costs for the sign removal, as certified by the Director of the Economic and Community Development shall be paid by the permittee, the owner, or other person responsible for placement of the sign, and shall be a lien on the property on which the sign is located, in the same manner as a tax lien, if not paid within thirty (30) days of such notice.
(2)
The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon unless facts to the contrary are brought to the attention of the City, as in the case of a leased sign. For purposes of removal, the definition of sign shall include all sign embellishments and structures designed specifically to support the sign.
(3)
In cases of emergency, the City may cause the immediate removal of a dangerous or defective sign without notice. Signs removed in this manner must present an imminent hazard to the public safety as defined in the City Building or Traffic Codes.
(4)
Any sign, regardless of supporting structure, which no longer identifies the current occupant after sixty (60) days from the cessation of the use, shall be deemed an abandoned sign, and shall be removed by the owner of the property, upon written notice by the Department of Economic and Community Development. Failure to remove such sign shall be considered a municipal infraction.
(j)
Appeals.
(1)
A person aggrieved may appeal the decision of the Director of the Department of Economic and Community Development or the Planning Commission to the Board of Appeals (hereinafter "the Board") within thirty (30) days of that decision. Anything to the contrary herein notwithstanding, there shall be no right of appeal from any action of the Planning Commission relating to requests for hardship modifications, pursuant to this division. The Board of Appeals shall hold a public de novo hearing on that appeal. Written and/or oral testimony shall be received by the Board at that hearing. The Board of Appeals shall give at least fifteen (15) days' written notice of the time, date, and place of the hearing to the appellant, and the owner of the property on which the sign is located, if different from the appellant. The Board of Appeals may also give notice to any other citizen, organization, or agency which the Board believes may have an interest in the proceedings, but need not do so. The Board of Appeals may continue any hearing for good cause which shall include, but not be limited to allowing the Board to request additional information, reports, or other data to assist it in reaching its decision.
(2)
The Board shall issue its decision in writing within thirty (30) days after the date of its hearing. A copy of the decision shall be promptly mailed by first-class mail, postage prepaid, to the appellant, to the owner of record of the property (if different from the appellant), to all persons and organizations to whom notice of the Board's hearing was given pursuant to this section, and to all persons who testified or who submitted written testimony at the hearing. For good cause, the Board may delay issuance of its decision for up to thirty (30) days after the hearing. The decision shall include the Board's findings of fact and shall:
a.
Reverse the decision appealed from; or
b.
Affirm the decision appealed from; or
c.
Affirm with modifications the decision appealed from; or
d.
Remand the matter to the Director of the Department of Economic and Community Development or the Planning Commission, as the case may be, for such further proceedings as the Board may direct.
(3)
Any person with standing who is aggrieved by a decision of the Board of Appeals may file an appeal to the Circuit Court for Prince George's County, Maryland, within thirty (30) days of issuance of the Board's written decision. Review of the Board's decision by the court shall be based on the record of the proceedings before the Board, and shall be pursuant to the Maryland Rules of Procedure relating to Administrative Appeals to the Circuit Court.
(Ord. No. 1966, 1-25-2021; Ord. No. 1991, 1-10-2022)
If any portion of this division is found to be in conflict with any other provision of any zoning, building, fire, safety, health, or other provision of the Laurel City Code, the provision which establishes the higher standard shall prevail.
Any illustrations contained in Appendix "B", Signs Illustrations, to this division are hereby incorporated herein by reference; provided, however, that in the event of a conflict between the appendix and the text of this division, the provisions of the text shall supersede.
Existing outdoor advertising structures, billboards and poster panels (hereinafter collectively referred to as billboards) which advertise products or businesses not connected with the site or building on which they are located shall be permitted provided they were legally existing prior to January 1, 1992. Billboards may also advertise candidates seeking a political office. Authorized signs and advertising panes in conjunction with public amenity structures shall not be considered billboards as defined in this section.
(a)
The Department of Economic and Community Development shall order the removal of any billboard erected without a permit or maintained in violation of the law as it existed prior to January 1, 1992.
(b)
Other billboards existing on January 1, 1992, and not conforming to this article, but which did conform to previous laws, shall be regarded as nonconforming billboards which may be continued if properly repaired, and maintained as provided in this article and if in conformance with all other applicable laws and regulations of the City. Subject to subsection (c) below, nonconforming billboards which are relocated, replaced or structurally altered, unless such alterations are necessary to maintain the structural integrity of the billboard and are approved by the Director of the Department of Economic and Community Development, shall be removed immediately.
(c)
An existing billboard shall be conclusively certified as legally nonconforming provided that the sign owner can provide evidence that the sign has existed continuously (without a break of more than one hundred eighty (180) consecutive days) for five (5) years or longer. Such evidence may include, but is not limited to:
(i)
Permits, including, without limitation, local or State permits, and building or electrical permits;
(ii)
A lease for the sign at its existing location;
(iii)
Utility bills for the sign;
(iv)
Advertising records showing the display history of advertising on the sign face; and
(v)
Affidavits attesting to the continuity of the billboard on the subject property.
(d)
Notwithstanding anything to the contrary contained herein, an existing legal nonconforming billboard may be intentionally removed and rebuilt (which may include structural alteration) as a digital billboard, subject to the time limitation set forth in Section 20-17.5(b)(4), provided that it complies with the following requirements:
(i)
Operational limitations. Such displays shall contain static messages only, and during the static display period, each static message shall not have movement, or the appearance or optical illusion of movement on any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement. No static message shall include flashing, or the varying of light intensity.
Minimum display time. Each static message on the sign must be displayed for a minimum of six (6) seconds.
(ii)
Digital billboards shall not operate at brightness levels of more than 0.3 foot-candles above ambient light, as measured using a foot-candle meter at a pre-set distance. Brightness levels will vary with the viewing distances of each size sign. Measurement distance criteria shall be as follows:
(iii)
Each display shall have a light sensing device that will adjust the brightness as ambient light conditions change.
(iv)
The technology currently being deployed for digital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Any other technology shall be reviewed and approved by the City staff to determine that under maximum brightness, it will meet all standards stated in Subsection iii above. Any such new technology shall not require an ordinance change for approval, but shall be permitted only upon the review and approval by the City's Department of the Fire Marshal and Permit Services, and the issuance of all required permits prior to the installation of any such new technology. The City shall make every effort to expedite any required approvals to implement technology that is superior in energy efficiency over previous generations or types.
(v)
The sign face area of more than one (1) existing legal nonconforming sign face, if the faces are located no more than five (5) feet from one another, may be combined and rebuilt as one (1) digital billboard sign face, if the total square footage of the combined face size does not exceed six hundred seventy-five (675) square feet of display area, excluding framing, cabinetry and trim.
(vi)
(a)
An existing legal nonconforming sign less than or equal to forty-five (45) feet in height may be rebuilt as a digital billboard, but if so, it shall be at a height not to exceed forty-five (45) feet, measured from the finished grade at the base of the sign to the top of the sign, and it shall have the following locational limitations: a minimum setback of ten (10) feet from the front property line, a minimum setback of five (5) feet from the side property lines, and within fifteen (15) feet of the center of the previous sign structure.
(b)
If an existing legal nonconforming sign is greater than forty-five (45) feet in height, it may be rebuilt as a digital billboard, but if so, it shall be either: (i) at a height not to exceed its current height at its current location, or if moved, than it shall meet the locational limitations in Subsection (vi)(a) above; or (ii) at a height exceeding its current height, with the locational limitations as set forth in Subsection (vi)(a) above, and with the specific height being subject to the approval of the City's Planning Commission, after a public hearing on the application for that height.
(vii)
The sign owner of a digital billboard shall display emergency messages on the digital billboard in accordance with regional and national protocols, including, but not limited to, Amber Alerts or emergency management information. Regional emergency information shall be displayed in accordance with the established protocols of local and state authorities. Emergency communications should travel through established protocols set up by the division of emergency management or first responders. This requirement may be modified through a written agreement between the owner of the billboard and the City.
(e)
Owners of digital billboard sign faces have the sole option to remove the digital units from the outdoor advertising structure at any time, for any reason. During all periods where there are no digital units on the sign structure, the sign owner shall be permitted to operate the sign faces as traditional, printed type.
(Ord. No. 1935, 1-28-2019; Ord. No. 1966, 1-25-2021)
With the exception of digital billboards approved and operating pursuant to Section 20-18.2(d), billboards may be illuminated, provided no flashing, intermittent, or red illumination is used. Illumination of a non-digital billboard shall be confined to the area of the sign, and arranged to avoid glare or reflection onto any portion of any adjacent highway, or into the path of oncoming vehicles such that it would prevent the drivers of oncoming vehicles from having a clear and unobstructed view of official traffic signs or controls and approaching or merging traffic, or in any manner violates applicable state law or regulation pertaining to billboards.
(Ord. No. 1935, 1-28-2019)
No digital billboard shall be located where it prevents a motorist from having an unobstructed view of official traffic signs or controls, and approaching or merging traffic.
(Ord. No. 1935, 1-28-2019)
No digital billboard shall be located within five hundred (500) feet of an existing non-digital billboard, or within one thousand (1,000) feet of another digital billboard located on and facing the same roadway.
(Ord. No. 1935, 1-28-2019)
(a)
Billboards shall conform to the state highway administration regulations, where applicable.
(b)
A permit shall not be required for the repainting, repapering, or reposting of a billboard after the issuance of the original permit; provided the supporting structure is not altered.
(c)
An outdoor advertising structure shall be deemed to be the primary use of the parcel or tract of land on which it is located. No outdoor advertising structure shall be constructed on a lot, tract, or parcel having any other primary use except as a special exception use. No other structure shall be located on a lot, tract, or parcel on which an outdoor advertising structure or structures are located.
Structural requirements shall comply with the pertinent requirements of the City Building Code.
Permits and fees for billboards shall be required in accordance with Section 20-17, Signs Generally.
Inspection, removal, and safety requirements for billboards shall be in accordance with Section 20-17, Signs Generally.
The administration of this article and the penalties for any violation thereof shall be in accordance with Section 20-17, Signs Generally.
SIGNS AND ADVERTISING STRUCTURES
(a)
The purpose of this article shall be to coordinate the type, placement, and scale of signs within the different land use zones to recognize the commercial communication requirements of all the sectors of the business community; to encourage the innovative use of design; to promote both renovation and proper maintenance; to allow for special circumstances; and to guarantee equal treatment under the law through accurate record keeping and consistent enforcement. These shall be accomplished by regulation of the display, erection, use, and maintenance of signs. The use of signs is regulated according to zone and type of sign. The placement and scale of signs is intended to be standardized and simplified, giving regard only to type of business location and its respective scale, with only general regard to frontage or other individual factors, unless modified by the Planning Commission. Street frontage, lot size, investment, and surrounding conditions must also be considered. No sign shall be permitted as a main or accessory use except in accordance with the provisions of this article.
(b)
This division shall not relate to building design; nor shall this division regulate official traffic or government signs; the copy and message of signs; signs not intended to be viewed from a public right-of-way; window displays; product dispensers and point of purchase displays; scoreboards on athletic fields; flags of any nation, government or noncommercial organization; gravestones; barber poles; religious symbols; or commemorative plaques; nor shall it diminish the powers granted to the Historic District Commission as provided for in Land Use Article of the Annotated Code of Maryland. Thus, the primary intent of this division shall be to regulate signs of a commercial nature intended to be viewed from any vehicular or pedestrian right-of-way.
The following definitions shall apply to this Division 7, Signs and Advertising Structures, only. In the event of a conflict between a definition in this Division 7 and Division 1, Zoning, of this article, the definitions contained in this Division 7 shall supersede as to this division only.
Abandoned sign. A sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity.
Area. (See "sign, area of.")
AASHTO. The American Association of State Highway and Transportation Officials, and is used in reference to the latest design guides for highways and urban streets.
Awning. A shelter projecting from and supported by the exterior wall of a building constructed of nonrigid materials on a supporting framework. (Compare "marquee".)
Awning sign. A sign painted on, printed on, or attached flat against the surface of an awning.
Back lit awning. (See "electric awning sign.")
Banner sign. A sign made of fabric or any nonrigid material with no enclosing framework.
Billboard. (See "off-premises sign.")
Blade sign. (See "Ground Sign.")
Building. Building shall have the same meaning as that contained in Section 20-1.7 of this article.
Building identification sign. A sign affixed to an exterior wall of a building which identifies the building.
Canopy (building). A rigid multi-sided structure covered with fabric, metal or other material and supported by a building at one (1) or more points or extremities and by columns or posts embedded in the ground at other points or extremities. May be illuminated by means of internal or external sources. (Compare "marquee.")
Canopy (freestanding). A rigid multi-sided structure covered with fabric, metal or other material and supported by columns or posts embedded in the ground. May be illuminated by means of internal or external sources.
Canopy sign. A sign affixed or applied to the exterior facing surface or surfaces of a building or freestanding canopy.
Clearance (of a sign). The smallest vertical distance between the grade of the adjacent street, highway, or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.
Clear view zone. The area of a corner lot closest to the intersection, which is kept free of visual impairment to allow full view of both pedestrian and vehicular traffic. Typically, the clear view zone is a triangular area established by marking a point at the intersection of the extended curb lines tangent to the point of curvature/point of tangency points on the curb's radius, and measured back along said lines given distances, and drawing a line across the two (2) back points to form the third side of the figure. The lengths of the curb line (including tangent extensions) sides of the zone shall be established so as to achieve the minimum recommended AASHTO sight distance(s) for vehicles on each intersection approach.
Construction sign. A temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.
Copy. The graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form.
Directional/information sign. An on-premise sign giving directions, instructions, or facility information, such as directories, parking or exit or entrance signs, which may contain the name or logo of an establishment but no advertising copy.
Digital billboard. Digital billboard means an off-site sign utilizing digital message technology, capable of changing the static message or copy on the sign electronically. A digital billboard may be internally or externally illuminated. Digital billboards shall contain static messages only, and shall not have animation, movement, or the appearance or optical illusion of movement, on any part of the sign structure, design, or pictorial segment of the sign. Each static message shall not include flashing lighting or the varying of light intensity.
Double-faced sign. A sign with two (2) faces, essentially back-to-back.
Electric awning sign. (Also "back lit awning.") An internally illuminated fixed space-frame structure with translucent, flexible reinforced covering designed in awning form and with graphics or copy applied to the visible surface of the awning.
Electrical sign. A sign or sign structure in which electrical wiring, connections, or fixtures are used.
Facade. The entire building front including the parapet.
Face of sign. The area of a sign on which the copy is placed.
Festoons. A string of ribbons, tinsel, small flags, or pinwheels, or other similar devices.
Freestanding sign. A sign supported permanently upon the ground by poles or braces and not attached to any building. The definition does not include "blade" or "ground" signs.
Frontage. The length of the property line of any one (1) premises along a public right-of-way on which it borders.
Frontage, building. The length of an outside building wall on the predominant public right-of-way.
Government sign. Any temporary or permanent sign erected and maintained by the City, county, state, or federal government for traffic direction or for designation of or direction to any school, hospital, historical site, or public service, property or facility.
Ground sign. (Also "blade sign.") A sign which is anchored to the ground similarly to a pylon or freestanding sign, but which has a monolithic or columnar line and which maintains essentially the same contour from grade to top. (See also "low profile" sign.)
Height (of a sign). The vertical distance measured from the highest point of the sign, excluding decorative embellishment, to the grade of the adjacent street. (Compare "clearance".)
Identification sign. A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.
Illegal sign. A sign which does not meet the requirements of this division and which has not received legal nonconforming status.
Illuminated sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
Incidental sign. A small sign, emblem, or decal intended to provide information to the public as to goods, facilities, or services available on the premises, but not intended to be a primary means of advertisement for the premises. Examples of incidental signs are signs indicating accepted credit cards, signs indicating hours of operation, service organization emblems, professional organization affiliation signs, governmental permits or decals, and security system decals.
Lot. A parcel of land legally defined on a subdivision map recorded with the assessment department or land registry office, or a parcel of land defined by a legal record or survey map.
Low profile sign. (Also "monument sign.") A sign mounted directly to the ground with maximum height not to exceed six (6) feet.
Maintenance. For the purposes of this division, the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.
Mansard. A sloped roof or roof-like facade architecturally comparable to a building wall.
Marquee. A permanent roof-like structure or canopy of rigid materials supported by and extending from the facade of a building. (Compare "awning.")
Marquee sign. Any sign attached to or supported by a marquee structure.
Monument sign. (See "low profile sign.")
Multiple-faced sign. A sign containing three (3) or more faces, not necessarily in back-to-back configuration.
Nameplate. A nonelectric on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.
Nonconforming sign.
(a)
A sign which was erected legally, but which does not comply with subsequently enacted sign ordinances and regulations.
(b)
A sign which does not conform to the requirements of this division, but for which a modification from those requirements has been granted pursuant to the provisions of this division relating to such modifications.
Occupancy. The portion of a building or premises owned, leased, rented, or otherwise occupied for a given use.
Off-premises sign (also "billboard"). A sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which said sign is located, e.g., "billboards" or "outdoor advertising," and considered a use, not a sign, on the subject property. (See Section 20-18 of this division.)
Off-site directional sign. A sign which provides directional assistance to access an establishment conveniently and safely subject to the provisions of this division.
On-premises sign. A sign which pertains to the use of the premises and/or property on which it is located.
Owner. A person or persons whose name or names appear as owners of record on a deed or deeds, or on other instruments of ownership, in the Land Records of Prince George's County, Maryland, and shall include equitable owners of record, personal representatives of an estate, or persons holding title to property for the benefit of others, such as a trustee. For the purposes of this division, the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Administrator, e.g., a sign leased from a sign company.
Painted wall sign. Any sign which is applied with paint or similar substance on the surface of a wall.
Parapet. The extension of a false front or wall above a roofline. Flat wall sign mounted on the parapet wall are not considered roof signs.
Person. Any individual, corporation, association, firm, partnership, or other legal entity.
Point of purchase display. Advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser, tire display, etc.
Pole cover. Cover enclosing or decorating poles or other structural supports of a sign.
Pole sign. (See "freestanding sign").
Political sign. A temporary sign used in connection with a local, state, or national election or referendum.
Premises. A parcel of land with its appurtenances and building which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
Projecting sign. A sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign.
Pylon sign. A freestanding sign similar to a blade sign but which includes one (1) or more panels extending beyond the vertical edges of the blade.
Real estate sign. A temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.
Roofline. The top edge of a roof or building parapet, whichever is higher, excluding any mansards, cupolas, pylons, chimneys, or minor projections.
Roof sign. Any sign erected over or on the roof of a building. (Compare "mansard" and "wall sign".)
Setback. Required distance offsetting closest edge of structure or sign and adjacent property lines, rights-of-way and easements.
Sign. Any device, structure, fixture, or placard using graphics, symbols, and/or written copy for the primary purpose of identifying, providing directions, or advertising any establishment, product, goods, or services.
Sign, area of:
(a)
Projecting and freestanding signs. The area of a freestanding or projecting sign shall have only one (1) side of any double sign counted in calculating its area. The area of the sign shall be measured as follows if the sign is composed of one (1) or more individual cabinets:
A rectilinear figure of not more than eight (8) sides shall be drawn around and enclosing the perimeter of each cabinet or module. The area shall then be summed and totaled to determine the total area. The perimeter of measurable area shall not include embellishments such as pole covers, framing, incidental decorative roofing, support structures, etc., provided that there is no written advertising copy or logos on such embellishments.
(b)
Wall and building identification signs. The area of a wall or building identification sign shall be measured as follows:
(1)
If the sign is composed of panels or modules, by continuous perimeter composed of any rectilinear geometric figure, which encloses the limits of the advertising message and background field. The bounded area shall then be calculated and totaled to determine the total area.
(2)
If the sign is composed of individual letters or symbols using the wall as the background with no added decoration, the total sign area shall be determined by continuous perimeter composed of any rectilinear geometric figure formed with right angles, which encloses the limits of the advertising copy. The bounded area shall then be calculated and totaled to determine the total area.
(c)
"V" sign. The area of a "V" sign shall be measured as follows:
(1)
If the sign panels form an angle less than ninety (90) degrees and both panels have identical copy, only one (1) side shall be counted in calculating its area.
(2)
If the sign panels form an angle of ninety (90) degrees or more, the area of both sides shall be calculated and totaled in determining the sign area.
Sign, lease. Temporary sign advertising exclusively the lease of a multi-family residential building, commercial building, or mixed-use building. The lease sign is able to remain in place only until eighty (80) percent of the building is leased.
Snipe sign. A temporary sign or posted affixed to a tree, fence, or a ground mounted sign, etc.
Subdivision identification sign. A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.
Temporary sign. A sign not constructed or intended for long-term use.
Temporary special event sign. A temporary sign erected in advertisement of a sale, promotional program, opening, holiday, or other special event.
"V" sign. A sign consisting of two (2) essentially equal faces, positioned at an angle subtending less than one hundred seventy-nine (179) degrees.
Wall sign. A sign attached essentially parallel to and extending not more than twenty-four (24) inches from the wall of a building with no copy on the sides or edges. This definition includes painted, individual letter, and cabinet signs, and signs erected on a mansard or parapet.
Window sign. A temporary sign that is installed inside a window to advertise sales, products, services, special and community events, and intended to be viewed from the outside. The word "window" shall be construed to mean any glass that comprises part of the surface of the wall, regardless of its movability.
(a)
Permanent advertising signs and sign copy in a window shall be considered a flat wall sign. All signs affixed to the window, placed upon the floor, ledge, or window shall be considered a permanent window sign and subject to other provisions of this division. The determination of what is, or is not a window sign shall be made by the Director of the Economic and Community Director Department.
(b)
Merchandise in a window display is excluded.
(c)
All window signs or merchandise in a window display shall be placed in such a manner that does not obstruct the public from viewing inside the property.
(Ord. No. 1877, 9-26-2016; Ord. No. 1935, 1-28-2019; Ord. No. 1966, 1-25-2021; Ord. No. 1999, 9-26-2022)
(a)
General. It shall hereafter be unlawful for any person to erect, place, or maintain a sign in the City except in accordance with the provisions of this division.
(b)
Signs prohibited. The following types of signs are prohibited in the City of Laurel:
(1)
Abandoned signs, including sign support structures.
(2)
Banners, pennants, festoons, and flags consisting of advertising messages, colors, logos and the like to draw attention to the respective business, except as expressly permitted in this division.
(3)
Signs imitating or resembling official traffic or government signs or signals, including placement in window displays and other areas facing the exterior of a building.
(4)
Snipe signs or signs attached to trees, utility poles, public benches, streetlights, walls, fences, and the like.
(5)
Signs placed on any public property or public right-of-way, except as expressly permitted in this division.
(6)
Commercial vehicles associated with a business shall not be parked in the designated customer parking area at any time, but within a loading space or other employee parking as designated by the Planning Commission. This provision shall not be deemed to prohibit lettering on buses, taxis, or vehicles generally, the primary purpose of which is not to promote a particular premises or business by parking in the vicinity of it.
(7)
All portable, temporary, and temporary special event signs, except as expressly permitted by this article.
(8)
Roof signs, and parapet or wall signs which extend beyond or project above the top of a wall or roofline.
(9)
Signs which obstruct or interfere with traffic control devices, government signs, or adequate sight distances for motorists.
(10)
Any sign which would obstruct an existing legal sign.
(11)
Off-premises signs, except on parcels or lots where such sign is the only use on the subject property.
(12)
Signs containing statements, words, or pictures of an obscene, indecent, or immoral character, such as will offend public morals or decency.
(13)
Wind activated signs, helium-filled or inflated signs, to include balloons, blimps, or other inflated devices.
(14)
Portable signs.
(15)
Changeable lettering or message signs, unless containing a message that does not change in increments of less than six (6) seconds. Such fixed message area may be electronic or manually changed. This shall not apply to digital billboards.
(16)
All signs which blink, flash, glimmer, change intensity, color or other non-fixed message, or moves, flutters, within increments of less than six (6) seconds.
(17)
Meets the definition of festoons, which contains, or consists entirely of pennants, streamers, pinwheels, and the like.
(18)
Subliminal advertising messages of any type.
(19)
Signs which are placed on a municipal, county, or state street right-of-way, except those of, or authorized by, public authorities or agencies.
(20)
Sign or sign structures that are no longer in use, effaced, or otherwise obsolete.
(21)
Any sign no longer advertising a business on premises. Signs shall be removed within thirty (30) days of the date the business ceases.
(c)
Permits required. Unless otherwise expressly exempted pursuant to this division, all signs shall require permits and payment of fees as described in this division. No permit is required for the maintenance of a sign or for a change of copy on a previously approved changeable copy signs. Permits are also required for the installation of electrical signs, in accordance with the provisions of the City Electrical Code.
(d)
Signs not requiring permits. The following types of signs are exempted from permit requirements, but must be in conformance with all other requirements of this division:
(1)
Holiday decorations, including seasonal decorations erected or displayed on lighting or other fixtures by a public agency.
(2)
Nameplates of two (2) square feet or less, except in the designated Historic District boundaries.
(3)
Political signs, as expressly permitted in this division.
(4)
Public signs or notices, or any sign relating to an emergency.
(5)
Real estate signs.
(6)
Temporary real estate directional signs.
(7)
Maximum of three (3) window sign per business not to exceed:
a.
Ten (10) square feet per sign in all Residential, Office Building, Commercial Neighborhood, and Commercial Village Zones.
b.
Twenty (20) square feet per sign in Community Commercial, Commercial General, Commercial Shopping Center, Commercial Village Activity Center and Industrial General Zones.
(8)
Incidental signs.
(9)
Residential yard sale signs, as provided for within this article.
(10)
Government traffic control devices and signs included in an approved site plan.
(11)
Directional and information signs included in an approved site plan guiding traffic and parking on private property, bearing no advertising matter. Such signs shall not exceed ten (10) square feet. Written permission of property owner required.
(12)
Integral signs, such as names of buildings, dates of erection, monumental citations, commemorative plaques and the like when of permanent construction and made a part of the structure.
(13)
General advertising signs and/or panel, not to exceed forty-eight (48) square feet in size for each location, when located on or within a public amenity structure approved pursuant to this division and to any other applicable laws, ordinances, and regulation. Off-site advertising in public amenity structures of a commercial nature which is not expressly authorized in this division shall be prohibited.
(e)
General requirements. The following general requirements shall apply unless otherwise provided for within this article:
(1)
Where an occupancy is on a corner lot, on both public and private streets, a minimum clear view zone shall be maintained in the triangle formed by the street right-of-way lines of such lot and a line drawn between points on such street lines which is fifteen (15) feet from the intersection thereof to allow an unobstructed view of oncoming traffic.
(2)
Freestanding signs shall maintain a minimum clearance of ten (10) feet over any pedestrian use and fourteen (14) feet over any vehicular way.
(3)
Low profile or monument signs shall not exceed six (6) feet in height.
(4)
Ground signs, including "Blade" signs, shall not exceed twenty (20) feet in height.
(5)
Freestanding or pole mounted signs shall not exceed twenty (20) feet in height.
(6)
Except where otherwise required in this division, the minimum setback for a sign, including its supporting structure, is one (1) foot from the property line or the public right-of-way line.
(7)
Projecting signs may extend over public rights-of-way only where there is no building setback, and then may project no more than forty-two (42) inches beyond the right-of-way line, subject to the review and approval of the public agency having jurisdiction over that right-of-way.
(8)
An approved sign permit does not relieve the applicant from any other zoning or Building Code requirements. Other permits (e.g. building permits for structural and electrical work) may be required.
(9)
Trademark and Copyright Logos are exempt from the Historic District General Guidelines as contained in Section 20-26.31, Signage.
(f)
Maintenance. All signs shall be properly maintained in compliance with all applicable City Building and Electrical Codes. Exposed surfaces shall be clean and shall be painted if paint is required. Defective parts shall be replaced. The City shall have the right to order the repair or removal of any sign which is defective, damaged, or substantially deteriorated, as determined by the Department of Economic and Community Development.
(g)
Lighting. Unless otherwise prohibited by this division, all signs may be illuminated. When illumination of a sign is permitted, it must satisfy the following requirements:
(1)
A sign must not be illuminated by other than electrical means, and electrical devices and wiring must be installed in accordance with the requirements of the City Electrical Code.
(2)
Sign illumination must use an enclosed lamp design or indirect lighting from a shielded source in a manner that prevents glare from beyond the property line. This is not applicable to Digital Billboards as defined in Section 20-17.2, and operated pursuant to Section 20-18.2(d).
(3)
The illumination or glare from a sign shall not shine directly onto a street so as to constitute a hazard to motorist.
(h)
Changeable copy.
(1)
Unless otherwise specified by this division, any sign permitted pursuant to this division may use manual, automatic, or electrically or mechanically activated changeable copy, provided, however, that the copy shall not change in increments of less than six (6) seconds. Only one (1) changeable copy sign per premises shall be allowed. Such sign area must be within the permissible area allowed for signs within this division.
a.
Sign contractor's license. No person who is in the business of erecting, altering, relocating, or, constructing signs may do such work, related to signs, in the City, without a valid contractor's license as required by local, state, and federal law or regulation.
b.
Owner consent. No sign may be erected by a tenant of a property without the express written consent of the owner of that property, or duly authorized representative.
(i)
Visibility and Signage.
(1)
All convenience stores, liquor stores, and gas stations shall maintain an unobstructed line of sight allowing a clear view of and from the cash register and sales area. Windows and doors shall be clear of all items that would obstruct a clear view from three (3) feet above the ground to at least six (6) feet above the ground.
(2)
Pool rooms and billiard rooms licensed under Section 8-21 of the City Code shall not have any stained glass in the window or door, or other obstruction of view but shall present a clear and unobstructed view from the street.
(Ord. No. 1795, 3-10-2014; Ord. No. 1877, 9-26-2016; Ord. No. 1935, 1-28-2019; Ord. No. 1663, 1-11-10; Ord. No. 1966, 1-25-2021)
(a)
Signs permitted in all zones. The following signs are allowed in all zones:
(b)
Miscellaneous provisions for specific uses.
(c)
Miscellaneous provisions for specific uses.
(1)
Temporary, real estate directional signs, advertising the sale of real estate only, but excluding signs advertising the leasing or rental of real estate, not exceeding three (3) square feet, for weekend open houses and promotions may be posted on private property and City rights-of-way on approach routes from 4:00 p.m. on Friday until 12:00 noon the following Monday.
(2)
Signs for residential yard sales and related directional signs, not exceeding three (3) square feet of sign area, may be posted on private property and City rights-of-way on approach routes from 4:00 p.m. on Friday until 12:00 noon the following Monday. Yard sales are limited to two (2) events per premises per calendar year.
(3)
Signs listing price(s) for the retail sale of gasoline shall be in compliance with Maryland Annotated Code, Business Regulation Article Section 10-315, as well as other applicable state and federal law. To the extent not pre-empted by state or federal law, however, all signs listing prices for the retail sale of gasoline shall be in compliance with this division, and subject to the approval of the Planning Commission, and shall be either a flat wall sign, or incorporated into a freestanding, low-profile or ground-mounted sign, as provided for elsewhere in this division.
(Ord. No. 1744, 7-23-2012; Ord. No. 1877, 9-26-2016; Ord. No. 1663, 1-11-10; Ord. No. 1966, 1-25-2021; Ord. No. 2024, 4-22-2024)
(a)
Signs which were legally existing, pursuant to previous regulations on January 1, 1993, but which do not conform to the provisions of this division may be eligible for the designation "legal nonconforming" provided that:
(1)
The Director of Economic and Community Development or designee determines such signs are properly maintained and do not endanger public safety.
(b)
A legal nonconforming sign other than a legal nonconforming sign that is converted to a digital billboard shall lose this designation if:
(1)
The sign is relocated or replaced, unless said relocation or replacement is required in the event that any such sign is downed or destroyed through natural causes, and not through an intentional act. If said sign is unintentionally downed or destroyed, the sign may be replaced at the same location and at the same height as it was prior to the destruction or downing of the original sign, but if said sign is relocated, or is replaced with a sign that is higher than the previous sign, the relocated or replaced sign shall have the height and locational limitations as set forth in Section 20-18.2, "Nonconforming Billboards," Subsection (d)(vii).
(2)
The structure or size of the sign is altered in any way, including change of copy in the existing message, except for repairs or maintenance to the existing copy, and excluding changeable copy signs. This shall not apply to digital billboards operated pursuant to Section 20-18.2(d).
(3)
There is a change in the name, trade name or, nature of the business identified by the sign or a change in the principal use of the premises identified by the sign. This shall not apply to digital billboards operated pursuant to Section 20-18.2(d).
(4)
If said nonconforming sign is intentionally destroyed, it may only be replaced by a digital billboard if said digital billboard is fully erected no later than thirty (30) days after the date of destruction.
(c)
A legal nonconforming sign is subject to all requirements of this division regarding safety, maintenance, and repair. However, if the sign suffers more than fifty (50) percent damage or deterioration, as based on appraisal, it must be brought into conformance with this division or be removed. If, however, the Planning Commission concludes that the damaged sign evinces uniquely historical, architectural or aesthetic qualities, such that the loss of the sign would have an adverse impact on the community as a whole, then such damaged sign may be restored to its original appearance, provided that materials exist which can, in fact, restore the sign to its original appearance. The Planning Commission shall only make such conclusion based upon an application for modification filed with the Commission in accordance with Subsection 20-17.7(g), Modifications, of this division. Prior to ordering such removal of a sign or ordering that the sign be brought into conformance with this division, pursuant to this subsection, the Director of the Department of Economic and Community Development or designee shall issue an order directed to the owner of the premises on which such sign is located, and also to the user of the sign, if different from the owner, requiring such person or persons to show cause why such sign should not be brought into conformance or removed within the time specified in that order, as set forth herein. Such order shall provide that the person or persons to whom it is directed shall have a right to an informal hearing before the Director of the Department of Economic and Community Development.
(d)
Sign maintenance. All signs must be maintained in the same condition as when the sign was installed. Normal wear and tear of aged signs shall be repaired when they detract from the visible quality of sign, including, but not limited to, peeling of paint, or the sign being only partially operable, such as disrepair of neon, other lighting, or other deterioration. When obsolete signs are removed on the face of a building, the area should be restored to match the surrounding area.
(e)
Amortization. Nonconforming signs which do not comply with the provisions of this division shall be brought into compliance on or before January 1, 2018, unless waived, or modified by the Planning Commission in accordance with the provisions of Subsection 20-17.7(g), Modifications.
(Ord. No. 1935, 1-28-2019; Ord. No. 1966, 1-25-2021)
All signs shall be installed in compliance with applicable Building and Electrical Codes as required by the City.
(a)
Administrator. Any interpretation of this article shall be conducted by the Director of the Economic and Community Development or designee, who, is authorized to process applications for permits and variances, hold public hearings as required, and enforce and carry out all provisions of this division.
(b)
Application for permits. Application for a permit for the erection, relocation, or to ensure compliance with the requirements of this division shall be made electronically to the City via the online Epermits portal and shall include the following information:
(1)
Name and address of the owner of the sign.
(2)
Street address or location of the property on which the sign is to be located, along with the names and addresses of the owners of that property.
(3)
The type of sign or sign structure as defined in this division.
(4)
A site plan, with all dimensions of the sign, which also shows measurements of the proposed location of the sign as well as the locations of all existing signs on the same premises.
(5)
Specifications and drawings showing the materials, design, dimensions, structural supports, and electrical components of the proposed sign.
(c)
Permit fees. All applications for sign permits filed with the City shall be accompanied by a payment of a fee. The Mayor shall set the fees for activities and services performed. Fees shall be subject to review and revision periodically as experience dictates to ensure that the fees are equitable and in line with the costs of administration.
There shall be no permit fee for the application and certification of a legal nonconforming use.
(d)
Issuance and denial.
(1)
Approved permits shall be issued by the Office of the Fire Marshal and Permit Services. The Office of the Fire Marshal and Permit Services shall issue stickers or tags for approved sign installations and periodic inspections.
(2)
When a permit is denied, the City shall provide a written notice to the applicant accompanied by a brief written statement of the reasons for denial, citing code sections and interpretation of possible nonconformity. The City may suspend or revoke a permit issued based on any false statement or misrepresentation of fact in the application. The City may also suspend or revoke permits issued in error, provided, however.
(e)
Permit conditions; refunds.
(1)
If a permit application is denied, the permit fee will be refunded to the applicant.
(f)
Inspection upon completion. Any person installing, structurally altering, or relocating a sign for which a permit has been issued shall notify the City upon completion of the work. The City may require a final inspection, including an electrical inspection and inspection of footings.
(g)
Modifications.
(1)
Any applicant may apply to the Planning Commission for a modification from certain requirements of this division. A modification may be granted by the Commission where the literal application of this division would create a particular hardship for the sign user and all of the following criteria are met:
a.
A strict application of this division would result in a peculiar hardship due to substantial impairment of visibility, or other site factors which are unique to the property, or there are unique physical conditions or exceptional topographic conditions peculiar to the property, not created or allowed by the owner or applicant, on which the sign is to be located, including the location of existing buildings and other structures, irregular or unusual narrowness or shallowness of the lot, irregularity of the road right-of-way, which conditions lead to a practical difficulty and undue hardship in complying strictly with the provisions of this division.
b.
The granting of the requested variance would not be detrimental to the property owners in the vicinity.
c.
The hardship does not apply generally to other locations in the City.
d.
The modification would not result in an undue concentration of signs in the immediate vicinity, would not cause visual confusion, and would not be detrimental to public safety and visibility, and
e.
The granting of the modification would not be contrary to the general objectives of this division, the remainder of the Zoning Regulations, or the duly adopted Master Plan of the City.
(2)
In granting a modification, the Planning Commission may impose additional requirements necessary to carry out the spirit and purpose of this division in the public interest.
(3)
In appropriate situations, the Planning Commission may consider existing historical, architectural, or aesthetic features of the sign, or environmental features of the site, which would be adversely affected by a strict application of this division.
(4)
Notwithstanding anything to the contrary contained in this section, no modification may be granted by the Planning Commission, pursuant to this section, if such hardship was self-imposed by the applicant. For the purposes of this section, a hardship shall be deemed to be "self-imposed" if the alleged hardship was proximately caused by the action or omission of the applicant or his agent.
(5)
The following conditions or considerations shall not constitute hardships or unique conditions which favor a modification:
a.
Guidelines or requirements of the Historic District Commission;
b.
Existing signs, whether conforming, legally nonconforming, or otherwise, in the vicinity of the subject sign, with which the subject sign might compete, or be compared with, in terms of size, aesthetics, or otherwise;
c.
Existing market or economic conditions due to which the applicant wishes to increase the size or visibility of his sign; or
d.
A desire on the part of the applicant to modify the subject sign, in contravention of this division, to make it visible or more noticeable, to target populations on roads or highways in the vicinity of the applicant's business, or elsewhere.
(6)
The provisions of this section relating to modifications shall be strictly construed by the Planning Commission.
(7)
Signs which are contained within the approvals of a RO, Revitalization Overlay application may be waived, if they are submitted in conjunction with the final plan of revitalization overlay proposal being considered as a final plan by the Planning Commission.
(h)
Violations.
(1)
Violations of this division shall be municipal infractions, and not misdemeanors.
(2)
Temporary special event signs, banner and portable signs. The Director of the Department of Economic and Community Development, upon finding that a temporary special event sign, banner, or portable sign is not in compliance with this division, may, by written notice to the owner and the permittee, provide the permittee fourteen (14) days to bring such sign into compliance with this division. Any owner or permittee who fails to comply with the notice shall be guilty of a municipal infraction. The Director of the Department of Economic and Community Development may extend this fourteen-day period for a reasonable time for good cause. If such sign is not brought into compliance with this division within such period, the Director of the Department of Economic and Community Development, or their designee, may issue a municipal infraction citation for each day thereafter that such sign fails to comply with this division. The fine for each individual violation of this division relating to temporary special event signs, banners and portable signs shall be two hundred fifty dollars ($250.00).
(i)
Removal of signs by the City.
(1)
The City may cause the removal of an illegal sign in cases of emergency, or for failure to comply with the written orders of removal or repair. The City may remove any temporary sign or banner which is not in compliance with applicable law and may remove any temporary sign or banner which is torn, frayed, dirty, or otherwise in a state of disrepair, upon fourteen (14) days' prior written notice to the sign owner and permittee. Such notice may be included in the notice referred to in Subsection 20-17.7(h)(2). After removal or demolition of the sign, a notice shall be mailed to the sign owner and the sign permittee stating the nature of the work and the date on which it was performed. Payment of the costs for the sign removal, as certified by the Director of the Economic and Community Development shall be paid by the permittee, the owner, or other person responsible for placement of the sign, and shall be a lien on the property on which the sign is located, in the same manner as a tax lien, if not paid within thirty (30) days of such notice.
(2)
The owner of the property upon which the sign is located shall be presumed to be the owner of all signs thereon unless facts to the contrary are brought to the attention of the City, as in the case of a leased sign. For purposes of removal, the definition of sign shall include all sign embellishments and structures designed specifically to support the sign.
(3)
In cases of emergency, the City may cause the immediate removal of a dangerous or defective sign without notice. Signs removed in this manner must present an imminent hazard to the public safety as defined in the City Building or Traffic Codes.
(4)
Any sign, regardless of supporting structure, which no longer identifies the current occupant after sixty (60) days from the cessation of the use, shall be deemed an abandoned sign, and shall be removed by the owner of the property, upon written notice by the Department of Economic and Community Development. Failure to remove such sign shall be considered a municipal infraction.
(j)
Appeals.
(1)
A person aggrieved may appeal the decision of the Director of the Department of Economic and Community Development or the Planning Commission to the Board of Appeals (hereinafter "the Board") within thirty (30) days of that decision. Anything to the contrary herein notwithstanding, there shall be no right of appeal from any action of the Planning Commission relating to requests for hardship modifications, pursuant to this division. The Board of Appeals shall hold a public de novo hearing on that appeal. Written and/or oral testimony shall be received by the Board at that hearing. The Board of Appeals shall give at least fifteen (15) days' written notice of the time, date, and place of the hearing to the appellant, and the owner of the property on which the sign is located, if different from the appellant. The Board of Appeals may also give notice to any other citizen, organization, or agency which the Board believes may have an interest in the proceedings, but need not do so. The Board of Appeals may continue any hearing for good cause which shall include, but not be limited to allowing the Board to request additional information, reports, or other data to assist it in reaching its decision.
(2)
The Board shall issue its decision in writing within thirty (30) days after the date of its hearing. A copy of the decision shall be promptly mailed by first-class mail, postage prepaid, to the appellant, to the owner of record of the property (if different from the appellant), to all persons and organizations to whom notice of the Board's hearing was given pursuant to this section, and to all persons who testified or who submitted written testimony at the hearing. For good cause, the Board may delay issuance of its decision for up to thirty (30) days after the hearing. The decision shall include the Board's findings of fact and shall:
a.
Reverse the decision appealed from; or
b.
Affirm the decision appealed from; or
c.
Affirm with modifications the decision appealed from; or
d.
Remand the matter to the Director of the Department of Economic and Community Development or the Planning Commission, as the case may be, for such further proceedings as the Board may direct.
(3)
Any person with standing who is aggrieved by a decision of the Board of Appeals may file an appeal to the Circuit Court for Prince George's County, Maryland, within thirty (30) days of issuance of the Board's written decision. Review of the Board's decision by the court shall be based on the record of the proceedings before the Board, and shall be pursuant to the Maryland Rules of Procedure relating to Administrative Appeals to the Circuit Court.
(Ord. No. 1966, 1-25-2021; Ord. No. 1991, 1-10-2022)
If any portion of this division is found to be in conflict with any other provision of any zoning, building, fire, safety, health, or other provision of the Laurel City Code, the provision which establishes the higher standard shall prevail.
Any illustrations contained in Appendix "B", Signs Illustrations, to this division are hereby incorporated herein by reference; provided, however, that in the event of a conflict between the appendix and the text of this division, the provisions of the text shall supersede.
Existing outdoor advertising structures, billboards and poster panels (hereinafter collectively referred to as billboards) which advertise products or businesses not connected with the site or building on which they are located shall be permitted provided they were legally existing prior to January 1, 1992. Billboards may also advertise candidates seeking a political office. Authorized signs and advertising panes in conjunction with public amenity structures shall not be considered billboards as defined in this section.
(a)
The Department of Economic and Community Development shall order the removal of any billboard erected without a permit or maintained in violation of the law as it existed prior to January 1, 1992.
(b)
Other billboards existing on January 1, 1992, and not conforming to this article, but which did conform to previous laws, shall be regarded as nonconforming billboards which may be continued if properly repaired, and maintained as provided in this article and if in conformance with all other applicable laws and regulations of the City. Subject to subsection (c) below, nonconforming billboards which are relocated, replaced or structurally altered, unless such alterations are necessary to maintain the structural integrity of the billboard and are approved by the Director of the Department of Economic and Community Development, shall be removed immediately.
(c)
An existing billboard shall be conclusively certified as legally nonconforming provided that the sign owner can provide evidence that the sign has existed continuously (without a break of more than one hundred eighty (180) consecutive days) for five (5) years or longer. Such evidence may include, but is not limited to:
(i)
Permits, including, without limitation, local or State permits, and building or electrical permits;
(ii)
A lease for the sign at its existing location;
(iii)
Utility bills for the sign;
(iv)
Advertising records showing the display history of advertising on the sign face; and
(v)
Affidavits attesting to the continuity of the billboard on the subject property.
(d)
Notwithstanding anything to the contrary contained herein, an existing legal nonconforming billboard may be intentionally removed and rebuilt (which may include structural alteration) as a digital billboard, subject to the time limitation set forth in Section 20-17.5(b)(4), provided that it complies with the following requirements:
(i)
Operational limitations. Such displays shall contain static messages only, and during the static display period, each static message shall not have movement, or the appearance or optical illusion of movement on any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement. No static message shall include flashing, or the varying of light intensity.
Minimum display time. Each static message on the sign must be displayed for a minimum of six (6) seconds.
(ii)
Digital billboards shall not operate at brightness levels of more than 0.3 foot-candles above ambient light, as measured using a foot-candle meter at a pre-set distance. Brightness levels will vary with the viewing distances of each size sign. Measurement distance criteria shall be as follows:
(iii)
Each display shall have a light sensing device that will adjust the brightness as ambient light conditions change.
(iv)
The technology currently being deployed for digital billboards is LED (light emitting diode), but there may be alternate, preferred and superior technology available in the future. Any other technology shall be reviewed and approved by the City staff to determine that under maximum brightness, it will meet all standards stated in Subsection iii above. Any such new technology shall not require an ordinance change for approval, but shall be permitted only upon the review and approval by the City's Department of the Fire Marshal and Permit Services, and the issuance of all required permits prior to the installation of any such new technology. The City shall make every effort to expedite any required approvals to implement technology that is superior in energy efficiency over previous generations or types.
(v)
The sign face area of more than one (1) existing legal nonconforming sign face, if the faces are located no more than five (5) feet from one another, may be combined and rebuilt as one (1) digital billboard sign face, if the total square footage of the combined face size does not exceed six hundred seventy-five (675) square feet of display area, excluding framing, cabinetry and trim.
(vi)
(a)
An existing legal nonconforming sign less than or equal to forty-five (45) feet in height may be rebuilt as a digital billboard, but if so, it shall be at a height not to exceed forty-five (45) feet, measured from the finished grade at the base of the sign to the top of the sign, and it shall have the following locational limitations: a minimum setback of ten (10) feet from the front property line, a minimum setback of five (5) feet from the side property lines, and within fifteen (15) feet of the center of the previous sign structure.
(b)
If an existing legal nonconforming sign is greater than forty-five (45) feet in height, it may be rebuilt as a digital billboard, but if so, it shall be either: (i) at a height not to exceed its current height at its current location, or if moved, than it shall meet the locational limitations in Subsection (vi)(a) above; or (ii) at a height exceeding its current height, with the locational limitations as set forth in Subsection (vi)(a) above, and with the specific height being subject to the approval of the City's Planning Commission, after a public hearing on the application for that height.
(vii)
The sign owner of a digital billboard shall display emergency messages on the digital billboard in accordance with regional and national protocols, including, but not limited to, Amber Alerts or emergency management information. Regional emergency information shall be displayed in accordance with the established protocols of local and state authorities. Emergency communications should travel through established protocols set up by the division of emergency management or first responders. This requirement may be modified through a written agreement between the owner of the billboard and the City.
(e)
Owners of digital billboard sign faces have the sole option to remove the digital units from the outdoor advertising structure at any time, for any reason. During all periods where there are no digital units on the sign structure, the sign owner shall be permitted to operate the sign faces as traditional, printed type.
(Ord. No. 1935, 1-28-2019; Ord. No. 1966, 1-25-2021)
With the exception of digital billboards approved and operating pursuant to Section 20-18.2(d), billboards may be illuminated, provided no flashing, intermittent, or red illumination is used. Illumination of a non-digital billboard shall be confined to the area of the sign, and arranged to avoid glare or reflection onto any portion of any adjacent highway, or into the path of oncoming vehicles such that it would prevent the drivers of oncoming vehicles from having a clear and unobstructed view of official traffic signs or controls and approaching or merging traffic, or in any manner violates applicable state law or regulation pertaining to billboards.
(Ord. No. 1935, 1-28-2019)
No digital billboard shall be located where it prevents a motorist from having an unobstructed view of official traffic signs or controls, and approaching or merging traffic.
(Ord. No. 1935, 1-28-2019)
No digital billboard shall be located within five hundred (500) feet of an existing non-digital billboard, or within one thousand (1,000) feet of another digital billboard located on and facing the same roadway.
(Ord. No. 1935, 1-28-2019)
(a)
Billboards shall conform to the state highway administration regulations, where applicable.
(b)
A permit shall not be required for the repainting, repapering, or reposting of a billboard after the issuance of the original permit; provided the supporting structure is not altered.
(c)
An outdoor advertising structure shall be deemed to be the primary use of the parcel or tract of land on which it is located. No outdoor advertising structure shall be constructed on a lot, tract, or parcel having any other primary use except as a special exception use. No other structure shall be located on a lot, tract, or parcel on which an outdoor advertising structure or structures are located.
Structural requirements shall comply with the pertinent requirements of the City Building Code.
Permits and fees for billboards shall be required in accordance with Section 20-17, Signs Generally.
Inspection, removal, and safety requirements for billboards shall be in accordance with Section 20-17, Signs Generally.
The administration of this article and the penalties for any violation thereof shall be in accordance with Section 20-17, Signs Generally.