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Salisbury City Zoning Code

CHAPTER 17

216 - SIGN STANDARDS

17.216.010 - Purpose.

There is a significant relationship between the manner in which signs are displayed and public safety and the value and economic stability of adjoining property. The reasonable display of signs is necessary as a public service and necessary to the conduct of competitive commerce and industry. The purpose of this chapter is to establish minimum standards for signs in direct relationship to the functional use of property and to the intensity of development permitted within the zoning districts provided by this title. The purpose of this chapter is to further traffic safety as there is a significant relationship between outdoor advertising structures and traffic safety. Further, the very nature and changing character of outdoor advertising structures and the material displayed causes a hazard to traffic, a risk to safety of travelers and a detriment to public welfare. The purpose is to further the beautification of the city which, through the acts of the city and through the voluntary acts of its citizens, has been beautified, and the outdoor advertising structures currently existing in the City of Salisbury are aesthetically displeasing and are such that the number, height, size, etc., of these signs reduce the quality of life in the City of Salisbury and affect the health and welfare of the citizens of Salisbury.

(Prior code § 150-244)

17.216.020 - Definitions.

For clarification of this chapter, the following definitions are set forth herein and referenced in Section 17.04.120 to this chapter.

A.

General.

"Face" means the surface of the sign upon, against or through which the message is displayed or illustrated on the sign.

"Flashing sign" means an illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color. Any sign which revolves or moves, whether illuminated or not, shall be considered a flashing sign, excluding time, temperature and date indicators.

"Indirectly illuminated sign" means a sign where illumination is derived from an external artificial source, which source is so arranged that no direct rays of light are projected into an adjoining property or a public street, or the source of the illumination is from within the sign and such light source is not visible.

"Outdoor advertising structure spacing measurement" means five hundred (500) feet on the same side of the street measured by drawing lines perpendicular to the curbline from the closest point of two outdoor advertising structures and measuring the distance between the lines along the curbline.

"Sign" means any structure, display or device that is arranged, intended, designed or used as an advertisement, announcement, identification, description or direction to attract the attention of persons not on the premises on which the sign is located.

"Sign setback measurement" means setback for signs measured from the prevailing edge of the sign face.

"Sign surface area" means the area of a sign shall be computed as including the entire area within a regular rectangular geometric form or combination of regular rectangular geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. The structural members shall not be included in the computation of surface area, unless the structural members are designed in such a manner as to form an integral part of the message or logo displayed.

1.

Business Signs. Only one face of a freestanding sign shall be measured, provided that the faces are placed back-to-back not more than thirty (30) inches apart and are of the same dimensions.

Street Frontage Sign Area Measurement. For the purpose of determining total sign area permitted on a lot, "street frontage" shall mean frontage on any public thoroughfare regardless of whether it is owned and/or maintained by the city, county or state.

B.

Type.

"Bulletin board" means a sign or permanent character, but with movable letters, words or numerals, indicating the names of persons associated with or events conducted upon or products or services offered upon the premises on which such sign is maintained.

"Business" means a sign attracting attention to a business, commodity, service or entertainment conducted, sold or offered on the same premises where the advertising occurs.

"Directional" means a sign not used for advertising, but giving directions only, for accommodations, services, traffic routing, industries, churches, schools, parks, historic buildings or features located in or adjacent to the City of Salisbury, and temporary directions to real estate projects.

"Directory sign" means a sign on a building or within a development on which names of businesses, offices or services are listed, either with or without arrows or directions.

"Instructional" means a sign conveying instructions with respect to the premises on which it is maintained, such as "entrance," "exit," "no trespassing," "danger" and similar signs.

"Outdoor advertising structure" means any structure which contains a sign, poster, panel, billboard, painted bulletin or any other structure, device, surface or display which advertises or displays any other message related to a business, profession, commodity, service or entertainment or event conducted, sold or offered elsewhere than on the premises where the advertising structure is located.

"Political" means a sign which is designed to influence the action of the voters either for the passage or defeat of a measure appearing on the ballot at any national, state or local election or which is designed to influence the action of the voters either for the election or defeat of a candidate for nomination or election to any public office at any national, state or local election.

"Temporary" means a sign erected for a specific period of time, but not to exceed six months in any calendar year, except as otherwise provided by this chapter.

"Trailer/portable" means a sign mounted on a vehicle licensed by the state of Maryland as a trailer, or a sign mounted onto a trailer or frame (with or without wheels), or a sandwich board or any other type intended to be portable and not structurally attached to the ground or a building.

C.

Location.

"Ground" means a detached sign, which shall include any sign supported by uprights, pylons or braces placed upon or in the ground or supported by the ground and not attached to any building.

"Marquee" or "Soffit" means a sign affixed to, hung from or in a marquee or soffit, which may or may not have movable letters. A sign on or attached to any awning or canopy shall be considered a "marquee sign."

"Projecting" means a sign which projects beyond the building face more than eighteen (18) inches and uses the building as its main source of support.

"Roof" means a sign located and supported on top of a building or structure, which may have an open space below the bottom of the sign.

"Wall" means a sign painted upon or attached to or erected against the wall of a building or structure, with the exposed sign in a plane parallel to the plane of said wall and projecting not more than eighteen (18) inches for signs located more than seven feet six inches above the sidewalk or grade line and not more than four inches for signs located less than seven feet six inches above the sidewalk or grade line; also, signs attached to an ornamental mansard roof and/or canopy, provided that such signs shall not project more than eighteen (18) inches beyond the furthermost projection of such roof or canopy.

(Ord. 1612 (part), 1995; Ord. 1599 § 9, 1995; prior code § 150-245)

17.216.030 - Signs prohibited in all districts.

Signs prohibited in all districts shall be:

A.

Signs which produce noise or sounds or emit visible smoke, vapor, particles or odor;

B.

Signs with intermittent light resembling, or seeming to resemble, the flashing lights customarily associated with danger or such as are customarily used by police, fire and ambulance vehicles or for navigation purposes;

C.

Signs located and so illuminated as to provide a background of colored lights to the extent that they may be confusing to motorists when viewed from normal approaching position of a vehicle at a distance of twenty-five (25) to three hundred (300) feet;

D.

Signs in any location which obstruct the vision of motorists of traffic control devices, intersections or traffic movement;

E.

Signs attached to trees or utility poles;

F.

Signs attached to any vehicle parked permanently;

G.

Signs which, taken as a whole, are obscene or profane as currently defined, described or determined by the United States Supreme Court and/or by the court of Appeals of Maryland;

H.

Signs which are an imitation of or resemble an official traffic sign or signal or which bear the words STOP, GO, SLOW, CAUTION, DANGER, WARNING or similar words, which would adversely affect traffic.

(Ord. 1612 (part), 1995: prior code § 150-246)

17.216.040 - Signs prohibited in certain districts.

Flashing signs and animated signs are prohibited in all districts except CBD, commercial and industrial districts.

(Prior code § 150-247)

17.216.050 - Signs which may be erected in any districts.

Signs which may be erected in any district are as follows:

A.

Signs of any size or shape may be erected by or under the direction of any governmental body or agency in any location for purposes of promotion, identification, direction, safety or convenience to the public;

B.

Instructional signs not exceeding two square feet in area or three feet in height;

C.

Name and address signs not exceeding one for each principal building or use on a premises and not exceeding two square feet in area;

D.

Permanent subdivision identification signs which do not exceed twenty (20) square feet in surface area per face, limited to two faces, not exceeding one per main entrance and set back fifteen (15) feet from the curbline;

E.

Temporary real estate signs indicating the sale, rental or lease of the premises on which it is located, with a maximum area of eight square feet, nonilluminated; provided that premises in the R-5, R-8, and R-10 zoned districts shall only display rental signs ninety (90) days prior to lease termination and shall be removed after the premises is rented;

F.

Temporary development signs advertising the sale or rental of structures, which have a maximum surface area of sixty (60) square feet, limited to two faces, maximum height of fifteen (15) feet, indirectly illuminated, and set back the distance from the street line that is required for the district in which the sign is located;

G.

Temporary construction signs limited to one each for contractors, architects, financing, etc., nonilluminated and set back the distance from the street line that is required for the district in which it is located and permitted only while construction is in progress or such time as may be required by state or federal requirements for financing or by any other requirement for extended advertising of the program under which construction has been accomplished;

H.

Memorial tablets or signs and historic markers, flags and insignias of bona fide civic, charitable, fraternal and welfare or religious organizations and national flags and flags of political subdivisions of the United States;

I.

Signs erected by a utility company locating underground facilities or the location of a public telephone booth not exceeding two square feet;

J.

One or more political campaign signs which, in aggregate, do not exceed a total of thirty-two (32) square feet in area, set back at least fifteen (15) feet from the curbline, on any privately owned lot, except where a building is located less than fifteen (15) feet from the curbline and, in that event, the setback is the lesser of fifteen (15) feet or the distance between the building and the curbline. Each such sign may not be erected more than ninety (90) days prior to the nomination, election or referendum and must be removed within seven days after the election or referendum, except that the candidates who won the primary may continue to display their signs until the final election.

K.

Directional signs located within one mile of and limited to one sign for each use or location for which the directions are intended, and provided that:

1.

Written permission is obtained from the property owner;

2.

The sign is set back ten feet from the curbline;

3.

The surface area does not exceed four square feet;

4.

The sign is nonilluminated;

5.

The sign is located a minimum of five hundred (500) feet from any other directional sign on the same side of the street;

6.

The height does not exceed five feet.

L.

Nonbusiness signs (which are not outdoor advertising structures as defined in Section 17.216.020) may be erected for a period not to exceed ninety (90) days in any calendar year by or for the owner or lawful occupant of any lot or structure which signs, in aggregate, do not exceed a total of six square feet in area, nonilluminated. Such signs must be set back at least fifteen (15) feet from the curbline on any lot or affixed to an occupied dwelling, structure or building, except where such dwelling, structure or building is located less than fifteen (15) feet from the curbline and, in that event, the setback is the lesser of fifteen (15) feet or the distance between the dwelling structure or building and the curbline.

(Ord. 1910, 2004; Ord. 1612 (part), 1995: prior code § 150-248)

17.216.060 - Signs which may be erected in R-5, R-8, R-8S, R-10 and R-10S residential districts.

Signs which may be erected in residential R-5, R-8, R-8S, R-10 and R-10S districts are as follows:

A.

Signs as listed in Section 17.216.050;

B.

One nonilluminated or indirectly illuminated identification sign not to exceed twenty (20) square feet in surface area, a maximum of five feet above grade and set back fifteen (15) feet from the curbline or five feet back from the sidewalk for each building devoted to the following uses: church, school, firehouse, historic building, police station, care home and cemetery. In addition, a bulletin board is permitted, provided that the total of thirty (30) square feet is not exceeded by both the bulletin board and identification sign;

C.

One nonilluminated sign not exceeding one square foot in area mounted flat against the exterior of the dwelling or set back ten feet from the curbline and not exceeding four feet in height;

D.

One nonilluminated or indirectly illuminated sign not exceeding eight square feet in surface area, set back fifteen (15) feet from the curbline and a maximum of five feet above grade for a day-care center.

(Ord. 1612 (part), 1995: prior code § 150-249)

17.216.070 - Signs which may be erected in R-5A, RR-5A and R-8A residential districts.

Signs which may be erected in residential R-5A, RR-5A and R-8A districts are as follows:

A.

Signs as listed in Section 17.216.050;

B.

One temporary sign not exceeding thirty-two (32) square feet in area, nonilluminated, identifying a model unit in a townhouse or apartment project;

C.

One nonilluminated or indirectly illuminated sign not exceeding two square feet in area identifying an ongoing management or rental office in an apartment or townhouse project or for a temporary sales office until all units have been sold;

D.

One identification sign for a townhouse or apartment project not to exceed fifty (50) square feet in surface area, which may be reduced by the Board of Appeals upon review of the site and size of projects. Such sign may be ground-mounted not to exceed five feet above grade and set back fifteen (15) feet from the curbline or may be a flat wall sign.

(Ord. 1612 (part), 1995: prior code § 150-250)

(Ord. No. 2769, § 1, 2-13-2023)

17.216.080 - Signs which may be erected in office and service residential district.

Signs which may be erected in the office and service residential district are as follows:

A.

Signs as listed in Section 17.216.050;

B.

One nonilluminated or indirectly illuminated wall sign not greater than four square feet in surface area attached to the front of a building;

C.

One nonilluminated or indirectly illuminated ground sign identifying an office or service use not exceeding two square feet in surface area or six feet in height and set back fifteen (15) feet from the curbline.

D.

One square foot of wall signage per linear foot of building width up to a maximum of thirty (30) square feet of non-illuminated or indirectly illuminated signage for churches or church social or reception halls, or church-related buildings.

(Ord. 1612 (part), 1995: prior code § 150-251)

(Ord. No. 2400, 8-22-2016)

17.216.090 - Signs which may be erected in office and service highway districts.

Signs which may be erected in the office and service highway districts are as follows:

A.

Signs as listed in Sections 17.216.050 and 17.216.060(B);

B.

Business signs as follows: The total area of all business signs on a lot shall not exceed one square foot for each linear foot of street frontage on a street twenty-five (25) feet or more in width. Permitted sign locations are ground, wall, projecting, marquee and soffit, as follows:

1.

One ground sign not exceeding twenty-five (25) feet or more in height, fifty (50) feet in surface area per face, excluding time, temperature and weather indicator, and set back twenty (20) feet from the curbline. Where a lot has more than one frontage on a street twenty-five (25) feet or more in width, one additional ground sign may be permitted for the second street frontage, with a total surface area not to exceed fifty (50) square feet, provided than the total surface area of all faces for both ground signs does not exceed one hundred fifty (150) square feet. The height and setback shall be the same as that required for the first ground sign.

2.

Marquee and soffit signs, which shall not exceed six square feet in surface area and shall not project more than twelve (12) inches beyond the marquee face or edge.

3.

Wall signs not exceeding fifty (50) square feet in area.

C.

In addition to the signs set forth in subsection (B) of this section:

1.

Directory signs shall be as follows: fifteen (15) square feet in surface area per face, limited to two faces, six feet in height and set back fifteen (15) feet from the back of the curb.

2.

Instructional Signs. No more than two information signs may be permitted adjoining a combination entrance-exit, provided that:

a.

The maximum height above grade shall not exceed three feet;

b.

The maximum surface area per face shall not exceed six square feet;

3.

Temporary real estate signs not to exceed thirty-two (32) square feet in surface area, as follows: ten feet in height and set back twenty (20) feet from the curbline.

(Ord. 1612 (part), 1995: prior code § 150-252)

17.216.100 - Signs which may be erected in college and university district.

Signs which may be erected in the college and university district are as follows:

A.

Signs as listed in Sections 17.216.070 and 17.216.090.

(Ord. 1612 (part), 1995: prior code § 150-253)

17.216.110 - Signs which may be erected in general commercial district.

Signs which may be erected in the general commercial district are as follows:

A.

Signs as listed in Sections 17.216.050, 17.216.060(B) and 17.216.090(D);

B.

Business Signs. The total area of all business signs on a lot shall not exceed four square feet for each linear foot of street frontage. Sign locations are ground, projecting, wall, roof and marquee, as follows:

1.

Not more than one ground sign not exceeding one hundred (100) square feet per face, not exceeding thirty (30) feet in height and set back fifteen (15) feet from the curbline or property line if no curbline exists.

2.

Not more than one projecting sign not exceeding ten square feet in surface area, no lower than eight feet above a sidewalk and extending no closer than two feet to the curbline or property line where no curbline exists.

3.

Not more than two wall signs per wall. Wall signs shall not extend beyond the ends of the wall on which the signs are attached. Such signs shall not extend above the roofline, and the surface area of wall signs shall not exceed two square feet for each linear foot of building width for the wall on which the signs are attached. The total surface area for both signs shall not exceed a total of two hundred (200) square feet.

4.

Not more than two roof signs, which shall not exceed one hundred (100) square feet in total surface area, and shall not exceed an overall height of sixteen (16) feet above the roofline.

5.

One temporary trailer/portable sign on a lot or parcel, not exceeding eight feet in height and ten feet in length, with a maximum surface area of sixty (60) square feet per face, for a period not to exceed thirty (30) days.

a.

Trailer signs shall be no closer than five hundred (500) feet apart on the same side of the street, with no more than three signs for every two thousand (2,000) feet on the same side of the street.

b.

Trailer signs shall be set back fifteen (15) feet from the curbline and shall not be placed in any parking space which is required to meet the minimum parking required for the business upon which the sign is located.

6.

Not more than one marquee sign per street frontage no larger than one hundred fifty (150) square feet, no lower than eight feet above the sidewalks and no closer than two feet to the edge of the curbline or property line if no curbline exists;

C.

Temporary real estate sign not to exceed thirty-two (32) square feet in surface area, ten feet in height and set back fifteen (15) feet from the curbline.

(Ord. 1612 (part), 1995; Ord. 1599 § 11, 1995; prior code § 150-254)

17.216.120 - Signs which may be erected in light business and institutional district.

Signs which may be erected in the light business and institutional district are as follows:

A.

Signs as listed in Sections 17.216.050, 17.216.060(B) and 17.216.090(D);

B.

Business Signs. The total area of business signs on a lot shall not exceed three square feet per linear foot of street frontage. Sign locations are ground, projecting, wall, marquee, soffit and projections, as follows:

1.

One ground sign not exceeding fifty (50) square feet per face, not exceeding twenty-five (25) feet in height and set back fifteen (15) feet from the curbline;

2.

Projecting signs not exceeding six square feet in surface area, extending no closer to the curbline than fifteen (15) feet and no closer than eight feet above a sidewalk or eighteen (18) feet above a public street, alley or driveway;

3.

Wall signage not exceeding fifty (50) square feet in surface area per wall;

4.

Marquee and soffit signs not exceeding six square feet in surface area and not projecting more than twelve (12) inches beyond the marquee face or edge.

(Ord. 1672 § 3, 1997; Ord. 1612 (part), 1995; prior code § 150-255)

17.216.130 - Signs which may be erected in regional commercial district.

Signs which may be erected in the regional commercial district are as follows:

A.

Business Signs. The total area of business signs on a lot shall not exceed three square feet per linear foot of street frontage. Sign locations are ground, wall, projecting, marquee and soffit, as follows:

1.

One ground sign not exceeding one hundred twenty-five (125) square feet per face, not exceeding thirty (30) feet in height and set back twenty (20) feet from all property lines;

2.

Projecting signs not exceeding ten square feet in surface area, extending no closer to the curbline than fifteen (15) feet and no closer than eight feet above a sidewalk;

3.

Wall signs not exceeding two square feet in surface area for each linear foot of building width or wall on which signs are located, not to exceed one hundred (100) square feet total sign surface area;

4.

Marquee and soffit signs not projecting more than twelve (12) inches beyond the marquee faces or edges, extending no closer to the curbline than fifteen (15) feet and no closer than eight feet above a sidewalk.

B.

In addition to the signs set forth in subsection (A) of this section:

1.

Temporary real estate signs not to exceed thirty-two (32) square feet in surface area, ten feet in height and set back fifteen (15) feet from the curbline. For large parcels with more than two hundred fifty (250) feet of road frontage, the maximum size shall be sixty-four (64) square feet and fifteen (15) feet in height;

2.

Instructional Signs. No more than two may be permitted adjoining a combination entrance/exit, provided that:

a.

The maximum height above grade shall not exceed three feet,

b.

The maximum surface area per face shall not exceed six square feet.

(Ord. 1612 (part), 1995; prior code § 150-256)

17.216.140 - Signs which may be erected in neighborhood business district.

Signs which may be erected in the neighborhood business district are as follows:

A.

Signs as listed in Section 17.216.090.

(Ord. 1612 (part), 1995: prior code § 150-257)

17.216.150 - Signs which may be erected in central business district.

Signs which may be erected in the central business district are as follows:

A.

Signs listed in Section 17.216.110, subject to the following:

1.

Every redeveloped or newly developed property shall require a sign plan showing the overall design and treatment of nontemporary signs, which shall be submitted for approval as part of development approval required by chapter 17.28 and Section 17.12.070.

2.

Signs may be reduced in size or location by the downtown/riverfront development review committee and planning commission where such reduction in size or relocation will further the purpose of the central business district.

(Ord. 1612 (part), 1995; prior code § 150-258)

17.216.160 - Signs which may be erected in riverfront redevelopment multiuse district.

Signs which may be erected in the riverfront redevelopment multiuse district are as follows:

A.

Signs as listed in Section 17.216.110, subject to the following:

1.

Every redeveloped or newly developed property shall require a sign plan showing the overall design and treatment of signs, which shall be submitted for approval as part of development approval required by chapter 17.104 and Section 17.12.070.

2.

Signs may be reduced in size or location by the downtown/riverfront development review committee and planning commission where such reduction in size or relocation will further the purpose of the riverfront redevelopment multiuse district.

(Ord. 1612 (part), 1995; prior code § 150-259)

17.216.170 - Signs which may be erected in light industrial district.

Signs which may be erected in the light industrial district are as follows:

A.

Signs as listed in Section 17.216.110, except that total surface area for all signs on a lot shall not exceed three square feet for each linear foot of street frontage.

(Ord. 1612 (part), 1995: prior code § 150-260)

17.216.180 - Signs which may be erected in industrial district.

Signs which may be erected in the industrial district are as follows:

A.

Signs as listed in Section 17.216.110, except that total surface area for all business signs on a lot shall not exceed four square feet for each linear foot of street frontage.

(Ord. 1612 (part), 1995: prior code § 150-261)

17.216.190 - Signs which may be erected in shopping centers.

Signs which may be erected in shopping centers shall be in compliance with Section 17.212.080.

(Ord. 1612 (part), 1995)

17.216.200 - General provisions.

A.

1.

No sign, unless excepted by these regulations, shall be erected, constructed, posted, painted, altered, maintained or relocated until a permit has been issued by the director of the department of infrastructure and development. Before any permit is issued, an application provided by the director shall be filed with three sets of drawings and/or specifications as may be necessary to fully advise and acquaint the director with the location, construction, materials, manner of illumination and/or securing or fastening and the number of signs applied for. All signs shall be erected on or before the expiration of six months from the date of issuance of the permit; otherwise a new permit shall be required. Fees for sign permits shall be in accordance with the fee schedule adopted by ordinance, a copy of which is maintained in the office of the department of infrastructure and development. Each sign requiring a permit shall be clearly marked with the permit number and name of the person or firm placing the sign on the premises.

2.

Where the director of the department of infrastructure and development determines that an application for a sign is either prohibited under Section 17.216.030 or is not permitted to be erected in its applicable district, the director shall deny the permit.

3.

Any interested party may submit within twenty-one (21) days from the issuance or denial of the permit a written appeal to the Board of Appeals, which shall promptly hear that appeal at a public meeting.

B.

The following signs do not require a permit as required in subsection (A) of this section; provided, they are in compliance with Section 17.216.030:

1.

Public Signs. Signs erected by or required to be erected by any government agency;

2.

Changing of copy on a bulletin beard, poster board, display easement, outdoor advertising structure or marquee;

3.

Temporary (as defined in Section 17.216.020) instructional signs not exceeding two square feet in area or three feet in height;

4.

Signs on trucks, buses or other vehicles while in use in the normal course of business;

5.

Nonilluminated signs, not exceeding six square feet in area, with letters not exceeding one foot in height, painted, stamped, perforated or stitched on the surface area of an awning, canopy, roller curtain or umbrella;

6.

Memorial tablets or signs and historic markers;

7.

Flags and insignias of bona fide civic, charitable, fraternal and welfare or religious organizations and national flags and flags of political subdivisions of the United States; provided, there are no more than three flags, any one of which may not exceed twenty (20) square feet on any single lot;

8.

Banners. One banner of no more than thirty-two (32) square feet in area for no more than fourteen (14) consecutive days in any year;

9.

Permanent signs on vending machines and dispensers such as gasoline pumps;

10.

Signs not exceeding two square feet locating utility facilities;

11.

One or more political campaign signs which, in aggregate, do not exceed a total of thirty-two (32) square feet in area, set back at least fifteen (15) feet from the curbline, on any privately owned lot, except where a building is located less than fifteen (15) feet from the curbline and, in that event, the setback is the lesser of fifteen (15) feet or the distance between the building and the curbline;

12.

Nonbusiness signs (which are not outdoor advertising structures as defined in Section 17.216.020) may be erected for a period not to exceed ninety (90) days in any calendar year by or for the owner or lawful occupant of any lot or structure which signs, in aggregate, do not exceed a total of six square feet in area, nonilluminated. Such signs must be set back at least fifteen (15) feet from the curbline on any lot or affixed to an occupied dwelling, structure or building, except where such dwelling, structure or building is located less than fifteen (15) feet from the curbline and, in that event, the setback is the lesser of fifteen (15) feet or the distance between the dwelling structure or building and the curbline;

13.

Temporary (as defined in Section 17.216.020) real estate signs as specified in Section 17.216.050(E), which have a maximum area of eight square feet, nonilluminated;

14.

Temporary (as defined in Section 17.216.020) construction signs as specified in Section 17.216.050(G);

15.

Name and address signs not exceeding one for each principal business or use on a premises and not exceeding two square feet in area;

16.

Temporary (as defined in Section 17.216.020) directional signs as specified in Section 17.216.050(K).

C.

The following temporary signs or displays may be permitted upon written approval of the director of the department of infrastructure and development:

1.

Signs advertising a special civic or cultural event such as a fair or exposition, play, concert or meeting, sponsored by a governmental or charitable organization;

2.

Special decorative displays used for holidays, public demonstrations or promotion for nonpartisan civic purposes;

3.

Special sales promotion displays, in districts where sales are permitted, including displays incidental to the opening of a new business.

D.

Signs which are allowed to be lighted may be lighted; provided, that the light illuminating any sign shall be shaded, shielded or directed so that it shall not adversely affect surrounding properties or the vision of drivers or pedestrians on public or private rights-of-way or parking areas.

E.

No business ground sign may be located closer than twenty-five (25) feet from a residentially zoned property, and no wall sign shall be placed on the side or rear of a building adjoining a residential district.

F.

Wherever a use for which a business ground sign is permitted has frontage on more than one street, one additional ground sign may be permitted with a total surface area not to exceed one-half that which is permitted for the first ground sign.

G.

Setbacks for signs shall be measured from the curbline where existing or proposed, except that wherever a city or state right-of-way fifteen (15) feet or more in width is maintained beyond the curbline, setbacks for all ground signs shall be no less than five feet from the right-of-way line.

H.

Heights of signs shall be measured from the ground to the top edge of the rectangle enclosing the sign surface area, except for roof signs. Wherever the ground on which the sign is to be located is below the grade of the roadway for which the sign is designated to be viewed, the height of the sign shall be measured from the grade level of the curbline along such roadway.

I.

No ground sign shall be located so as to substantially obstruct the view of a ground sign on adjoining property when viewed from a distance of two hundred (200) feet at any point four feet above the roadway grade of the traffic lane closest to the street property line.

J.

No sign may be arranged or located in any district so that it interferes with traffic through glare, through blocking of reasonable sight lines for streets, sidewalks or driveways or through confusion with a traffic control device.

K.

A sign advertising a nonconforming business or industrial use located in a residential district shall conform to the sign regulations set forth in Section 17.216.080.

L.

In any district, the surface area of one ground sign may be increased by twenty-five (25) percent if the permitted wall sign surface area is reduced by fifty (50) percent.

(Ord. 2014, 2006; Ord. 1976 (part), 2005; Ord. 1886, 2003; Ord. 1612 (part), 1995; prior code § 150-262)

(Ord. No. 2459, 10-9-2017; Ord. No. 2769, § 1, 2-13-2023)

17.216.210 - Nonconforming signs.

A.

A legally nonconforming sign, except outdoor advertising structures, shall be any sign which on the effective date of this title was lawfully existing, having been lawfully erected under any prior zoning or other ordinance pertaining to signs and having been lawfully maintained since that time, but which sign does not conform to the regulations for signs established by this chapter.

B.

A lawful nonconforming sign, except outdoor advertising structures, may continue, provided that the owner and/or user can provide a notarized statement that the sign was constructed in accordance with state and local regulations in effect at the time of construction. Such statement shall contain:

1.

The name and address of the owner of the sign and the owner of the property on which the sign is located;

2.

The location of the sign in relation to existing or proposed buildings;

3.

The size, height, setback and description of the sign;

4.

The date of erection of the sign and the permit number, if applicable.

C.

A nonconforming sign, except outdoor advertising structures, which is fifty (50) percent or more damaged or destroyed or becomes substandard under any applicable city code to the extent that the sign becomes a hazard or danger shall terminate and shall be removed within thirty (30) days from the date of notification for removal from the director of the department of infrastructure and development.

D.

All outdoor advertising structures of whatever value in the central business district are nonconforming as of the date of enactment of this title, May 23, 1983, and by May 23, 1991, shall be removed or conform to the standards set forth in subsection E of this section.

E.

All outdoor advertising structures of whatever number, size and value in the City of Salisbury, other than those in the central business district, are nonconforming as of August 13, 1990. By the later of January 1, 1994, or January 1st of the year following the tenth anniversary of the issuance of the last building permit for the outdoor advertising structure issued by the city prior to August 13, 1990, all outdoor advertising structures shall either be removed or conform to the following standards, which shall also apply to all existing outdoor advertising structures which, after August 13, 1990, are either replaced entirely or are reconstructed or repaired such that the cost of such reconstruction or repair exceeds fifty (50) percent of the replacement cost of the entire outdoor advertising structure at the time of such reconstruction or repair, as follows:

1.

The number of outdoor advertising structures on a lot and the number of faces on any outdoor advertising structure may not be increased from the number which exists on such lot as of the date of final passage of this chapter.

2.

Any outdoor advertising structure shall be set back twenty-five (25) feet from the curbline of all streets.

3.

No outdoor advertising structure shall be located closer than one hundred (100) feet to either a city or county residential zoning district.

4.

An outdoor advertising structure face shall be limited to one message per face and shall not exceed a total of one hundred (100) square feet in surface area, except for faces which, on August 13, 1990, exceeded three hundred sixty (360) square feet, exclusive of trim, which shall not exceed a total of three hundred (300) square feet in surface area.

5.

All faces on any outdoor advertising structure shall be placed back-to-back.

6.

Each outdoor advertising structure face shall be framed with trim work which shall be no smaller than six inches and no larger than one foot. The area of the trim shall not be considered in determining the total square footage of surface area.

7.

No outdoor advertising structure face shall exceed a vertical dimension of fourteen (14) feet nor a total horizontal dimension of twenty-five (25) feet.

8.

No outdoor advertising structure shall exceed twenty-five (25) feet in height.

9.

The base of each outdoor advertising structure at ground level shall be surrounded at each of its base supports by a five-foot landscaped area consisting of flowering trees and evergreen shrubs. Each support pole shall be landscaped. The five-foot landscaped area shall be measured from the outside of said support pole entirely around said pole.

10.

All outdoor advertising structures and faces shall be kept repaired and properly painted and maintained.

11.

Each outdoor advertising structure shall comply with the licensing provisions of Section 17.216.240.

12.

Any outdoor advertising structure existing outside the city limits which is annexed into the city limits after August 13, 1990, shall be considered to have existed on August 13, 1990.

13.

No existing outdoor advertising structure which exists on August 13, 1990, shall be increased in size or height from the size and height that existed on August 13, 1990.

14.

No illegal outdoor advertising structure may continue in existence, and the same shall be removed. This chapter does not make legal any illegal outdoor advertising structure.

15.

Any sign, display or device allowed under this chapter may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit or to a commodity or service for sale and that complies with all other requirements of this chapter.

16.

Any variances from the operation of the foregoing standards shall be pursuant to the provisions of chapter 17.16, Article II, except that in addition to the criteria for approval contained in chapter 17.16, Article II, the Board of Appeals may also consider the following:

a.

Whether the strict application of the height and setback limitations will prevent the owner of the outdoor advertising structure from continuing the operation of the outdoor advertising structure;

b.

Whether the obligation of the owner of the outdoor advertising structure under any lease or advertising obligation which existed on April 24, 1989, extends beyond the date upon which the outdoor advertising structure is required to conform to the standards contained in this subsection E of this section;

c.

Whether for practical reasons it will be a hardship or unduly burdensome on the owner of the outdoor advertising structure to comply with the landscaping requirements contained in this subsection.

(Ord. 1976 (part), 2005; prior code § 150-263)

(Ord. No. 2459, 10-9-2017; Ord. No. 2769, § 1, 2-13-2023)

17.216.220 - Termination or change of use.

A.

The advertising on the surface area of any sign advertising a business or service no longer located on the premises or a sign directing attention to a business or service no longer in operation shall be removed within thirty (30) days of the termination of such business or service.

B.

Any sign advertising a business or service no longer located on the premises or a sign directing attention to a business or service no longer in operation, which is nonconforming in height, setback or surface area, shall conform with these regulations when used to advertise another business or service.

(Prior code § 150-264)

17.216.230 - Unusual signs and displays.

Applications for unusual signs or displays which give rise to questions of interpretation of these regulations may be referred by the director of the department of building, permitting and inspections to the Board of Appeals for the purpose of interpretation by the board and recommendation for action on the application to the director.

(Ord. 1976 (part), 2005: prior code § 150-265)

(Ord. No. 2769, § 1, 2-13-2023)

17.216.238 - Sign permit fees.

All signs required by this chapter to have a permit shall pay a fee as set from time to time by the city council.

(Ord. 2013, 2006)

17.216.240 - Outdoor advertising structure license.

A.

License Required. After December 31, 1990, it is unlawful for any person or entity to own an outdoor advertising structure within the city limits of the City of Salisbury unless the person or entity has a current annual license issued by the City of Salisbury for such outdoor advertising structure and the annual license fee has been paid to the city treasurer. A license is required for each outdoor advertising structure owned by such person or entity.

B.

All applications for an outdoor advertising structure license shall be filed with the director of the department of infrastructure and development and shall state, under oath, the following:

1.

The name and address of the owner of the outdoor advertising structure and the name and address of the owner of the property on which the outdoor advertising structure is located;

2.

Whether the outdoor advertising structure was constructed in accordance with state and city regulations in effect at the time of construction;

3.

The approximate location of the outdoor advertising structure and the approximate location of buildings on the property where the outdoor advertising structure is located;

4.

The size, height, setback, type and number of faces on each outdoor advertising structure;

5.

The date of the construction of the outdoor advertising structure and the company number, state permit number and city building permit number, if any.

C.

Any outdoor advertising structure which has not been licensed by the City of Salisbury or for which the license fee has not been paid by January 1st of each year, commencing January 1st, 1991, shall be removed within sixty (60) days of written notification of such failure sent by the director of the department of infrastructure and development to the owner of the outdoor advertising structure or to the owner of the land upon which the outdoor advertising structure is located.

D.

All outdoor advertising structure licenses shall expire on the last day of December of each year following January 1, 1991. All existing outdoor advertising structures must be licensed and the license fee paid by January 1, 1991.

E.

Such license issued for an outdoor advertising structure shall be displayed on the lower right corner of the outdoor advertising structure. Each license shall contain the name of the owner of the outdoor advertising structure and the current address and phone number of the owner of the outdoor advertising structure.

F.

The license fee for each outdoor advertising structure for the calendar year 2011 shall be fifty cents ($0.50) per square foot of sign surface area of such structure and hereafter the rate shall be set in the budget adopted annually by the city council of the City of Salisbury.

G.

Any owner of an outdoor advertising structure and owner of land upon which an outdoor advertising structure is located which is not licensed as provided in this chapter or who violates any of the terms of this chapter after January 1, 1991, shall be guilty of a municipal infraction and, upon conviction thereof, shall be fined not more than four hundred dollars ($400.00) for each offense. Each day the outdoor advertising structure exists without a license or in violation of this chapter shall be a separate offense.

H.

Any owner who violates the provisions of this chapter and is convicted of such violations two times for the same outdoor advertising structure shall have its license revoked and shall immediately remove the unlicensed outdoor advertising structure or the outdoor advertising structure that violates the terms of this chapter. Any owner of an outdoor advertising structure who fails to obtain its owner's license by January 1st of each year will be assessed a penalty of one hundred dollars ($100.00) per day for each day from January 1st until the license is obtained.

(Ord. 1976 (part), 2005; Ord. 1553, 1993; prior code § 150-265.1)

(Ord. No. 2107, 5-24-2010; Ord. No. 2459, 10-9-2017)

17.216.250 - Severability.

In the event that any portion of this chapter is held to be invalid, such invalidity shall not affect the other valid portions of this chapter.

(Prior code § 150-265.2)