Smithsburg City Zoning Code
ARTICLE VII
Sign Regulations
§ 405-38 Purpose.
This article recognizes that signs perform an important function by identifying residences and businesses and that some control of signs is necessary to promote the community's safety and general welfare by lessening safety hazards to pedestrian and vehicular traffic, by conserving property values, by preventing unsightly and detrimental development which has a blighting influence upon residential, business and industrial uses, by preventing signs from reaching such excessive size that they obscure one another to the detriment of all concerned, and by securing certain fundamentals of design to protect the scenic qualities which form an essential basis for part of the Town's economic well-being.
§ 405-39 Applicability; exemptions.
A.
No sign shall be erected, hung, placed or painted in any district except as provided in this chapter.
B.
For the purpose of this chapter, any of the following words relating to signs are intended to include any tense or to read with the prefix "re-": affix, alter, attach, display, erect, hang, move, paint, paper, paste, place, post, and repair.
C.
No sign erected before the enactment of these regulations shall be altered in any respect or moved, except in compliance with the provisions of this chapter, and except that any sign may be removed completely.
D.
Nothing in this chapter shall prevent the proper erection and maintenance of official signs by federal, state, county or municipal agencies for traffic control, directional or informational purposes, or by a private person or agency solely for the protection of the public health, safety and welfare.
E.
Where the flag, name, emblem, or insignia of a nation, governmental unit, or nonprofit educational, charitable, or religious group is used as a sign within the meaning of this chapter, such use shall comply with the provisions hereof, except that no fee shall be charged for issuing a permit for such use.
F.
For the purpose of this chapter, windows and those areas inside such windows that are visible from the exterior of a business premises shall be excluded from these regulations.
G.
For the purpose of this chapter, cornerstones built into or attached to a wall or a building are not deemed signs.
§ 405-40 Permit requirements.
A.
No on-premises sign over six square feet in area and no off-premises sign (except governmental sign) of any size shall be erected, affixed, painted, hung, or otherwise displayed, altered or repaired unless a permit therefor has been issued, except those exempted hereafter.
B.
All signs of any size must comply with all the regulations contained herein, regardless of whether a permit is required.
C.
No permit shall be required for the repainting or repapering of a sign which conforms to the provisions of this chapter. Signs on theaters advertising changes in program shall not require permits except for the initial installation thereof.
D.
A fee shall be collected for each sign permit at the time of application.
E.
The Zoning Administrator shall receive all sign permit applications and shall act upon such applications within 10 days after receipt thereof.
§ 405-41 Sign area.
A.
The area of a sign shall be construed to include all lettering, wording, and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing incidental to the display itself.
B.
The area of a sign painted upon or applied to a building shall be construed to include all lettering, wording, and accompanying designs or symbols, together with any backing associated with the sign.
C.
Where the sign consists of individual letters or symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest rectangle or other shape which encompasses all of the letters and symbols.
D.
In computing square-foot area of a double-faced sign, only one side shall be considered, provided both faces are identical.
E.
For the purpose of this chapter, the area of a sign shall be construed to mean the aggregate area of all signs located on the premises.
§ 405-42 General regulations.
A.
No sign shall project more than three feet above the roof nor more than 14 inches out from the wall to which it is attached. Signs not exceeding four square feet in area may be placed perpendicular to a building face if attached to and below a canopy projection from said building.
B.
Signs shall not exceed the height limit permitted for structures in the zoning district in which they are located, except that the Board of Zoning Appeals may authorize a variance to such use, provided that:
(1)
The variance shall be granted only for on-premises signs accessory to retail commercial uses such as gasoline service stations, restaurants, motels and the like offering services intended primarily or substantially for highway travelers and other transient users;
(2)
Said uses are or will be located at or near an interchange of a limited-access highway;
(3)
The sign shall contain only the name or the name and symbol or emblem of the use to which it is accessory;
(4)
The area of the sign shall not exceed 100 square feet; and
(5)
Not more than one structure for such sign shall be permitted on a single property, but said structure may be authorized to contain the sign of more than one permitted use if such use is on the same or contiguous property.
C.
All signs except temporary signs shall be constructed of durable material and kept in good condition and repair. Whenever a sign becomes structurally unsafe or endangers the safety of a building or premises or the public safety, in the opinion of the Zoning Administrator, he shall order that such sign be made safe or removed. Such order shall be complied with within five days of receipt thereof by the person, firm or corporation owning or using the sign or the owner of the building or premises on which such unsafe sign is affixed or erected.
D.
Lighting devices shall be shielded so that they do not create a nuisance by shining directly into a public street or highway or into a residential district. No flashing or rotating flashing illumination of a sign shall be permitted except for official traffic signs.
E.
Except for official traffic signs, no sign with an area larger than six square feet shall be placed nearer than 20 feet to the right-of-way line of a street or 50 feet to the center line of said street, whichever distance is greater.
§ 405-43 Prohibited features.
A.
No sign shall constitute a public safety or traffic hazard, such as by obstructing traffic signals, traffic signs, road warning signs, street name signs, or the full view of the traffic in all directions at driveways, entranceways or any other public road intersection.
B.
No signs except official traffic signs shall be located within the right-of-way of any street or road or on any slope or drainage easement for a street or road.
C.
No sign shall be permitted which is an imitation of or which resembles an official traffic control device, railroad sign or signal.
D.
Tacking, painting, posting or otherwise affixing of signs or posters on the walls of buildings, barns, sheds, trees, posts, poles, fences, walls or other structures is prohibited, except as hereinafter provided.
E.
Signs shall not obstruct any door, fire escape, stairway or other opening intended to provide ingress or egress for any building or structure.
§ 405-44 Nonconforming signs.
A.
Nonconforming signs, once removed, shall be replaced only with conforming signs; however, nonconforming signs may be repaired or repainted, provided that such repainted or repaired sign does not exceed the dimensions of the existing sign, and provided no change is made in the general wording or content of the sign.
B.
Every sign, billboard and other outdoor advertising medium erected in the Town prior to the adoption of this chapter may continue to be maintained despite lack of conformity with all the provisions of this chapter, for an indefinite period after adoption hereof, provided it is maintained in a safe condition or until such time as the information included thereon is altered in content, except that the information on a billboard may be periodically changed.
§ 405-45 Permitted signs accessory to on-premises uses.
A sign as specified hereinafter shall be permitted, as authorized in Article III, as an accessory use in conjunction with a permitted principal use when located on the same premises as the permitted use:
A.
Identification signs.
(1)
A sign indicating the name or number of the building or premises or the accessory use of a dwelling for a home occupation, provided that such sign shall not exceed two square feet in area, and provided that not more than one such sign shall be erected on a property unless such property fronts on more than one street, in which case one such sign may be erected on each street frontage. Such sign, if illuminated, shall be of an enclosed lamp design.
(2)
A sign indicating the name of an active farm, provided that such sign shall not exceed 10 square feet in area, and provided that not more than one such sign shall be erected along any road adjoining the farm.[1]
(3)
Bulletin or announcement board or identification signs for schools, churches, hospitals, and other principal uses and buildings other than dwellings, provided that the area of any such sign shall not exceed 20 square feet and not more than one such sign shall be placed on a property, unless such property fronts on more than one street, in which case one such sign may be erected on each street frontage.[2]
(4)
Nongovernmental traffic control and directional signs not exceeding two square feet in area. Such signs shall not be illuminated but may be of the beaded reflector type. No advertising matter whatsoever shall be contained on signs of this type.
(5)
Any signs used upon a property warning the public against hunting, fishing or trespassing thereon or indicating the private nature of a road, driveway or premises, provided that no individual such sign shall exceed two square feet in area.
B.
Advertising signs.
(1)
A sign advertising the sale of agricultural products grown or produced on the premises, provided that the area of any such sign shall not exceed 20 square feet and not more than one such sign shall be placed on a property unless such property fronts on more than one street, in which case one such sign may be erected on each street frontage.
(2)
Accessory signs identifying permitted nonresidential uses, which signs may include business advertising signs as defined in Article II, provided that:
(a)
The aggregate area of all signs attached to or painted on a building shall not exceed 10% of the area of the building face to which they are attached or painted or 100 square feet, whichever is less.
(b)
Freestanding signs identifying a single building or other principal use shall be permitted in accordance with the following schedule. For shopping center signage, see § 405-30.
Total Street Frontage | Number of Signs Permitted | |
|---|---|---|
1 to 1,000 feet | 1 | |
Each full additional 1,000 feet | 1 |
(c)
The area of any freestanding accessory sign shall not exceed one square foot for each linear foot of street frontage of the property occupied by the principal use, and in no case shall the area of a sign exceed 200 square feet. For shopping center signage, see § 405-30.
(d)
No exterior sign or signs pertaining to the use conducted on the premises and which are either integral with or attached to the principal use shall be attached to the side of the building that faces an adjoining residential use or district. No freestanding sign to be located on the side of the business lot shall face an adjoining residential use or district.
C.
Temporary signs.
(1)
A temporary sign advertising sale or lease of the land or building upon which such sign is displayed, provided that the area of any such sign shall not exceed six square feet and not more than one such sign shall be placed on a property, unless such property fronts on more than one street, in which case one such sign may be erected on each street frontage. Such signs shall be removed immediately upon final settlement or renting of the property. A sign permit is not required.
(2)
A temporary sign advertising the development of the property upon which it stands or the opening of a new subdivision, provided that the area of any such sign shall not exceed 100 square feet and not more than one such sign may be placed on a property, unless such property fronts on more than one street, in which case one sign may be erected on each street frontage. Such signs shall be removed immediately upon completion of the development.
(3)
Temporary contractors', architects' or builders' signs, provided that the area of any such sign shall not exceed 12 square feet. Such signs shall be removed immediately upon completion of the work or 18 months after erection of the signs, whichever shall occur first.
(4)
Temporary signs announcing a campaign, drive, or event of a civic, philanthropic, education, or religious organization. Such signs shall not exceed 12 square feet in area and shall be removed not more than five days after the event. A sign permit is not required.
(5)
A temporary business sign/sandwich board sign shall not exceed 12 square feet. Said signs shall be placed within the business structure at the close of the business day. The sign shall be placed on the premises of the business but shall not be located within the pedestrian walkways.
§ 405-46 Permitted signs relating to off-premises uses.
Signs directing attention to a person, business, profession, product, home occupation, service or activity not conducted or sold on the same property, herein designated "off-premises" signs, shall be permitted as authorized in Article III and as specified hereinafter:
A.
Directional signs.
(1)
Signs for directing patrons, members, or audiences to service clubs, churches, or other nonprofit organizations, provided that signs shall indicate only the name, emblem, meeting hours, address and direction of the facility and shall not exceed four square feet in area.
(2)
Directional signs relating to a place, which includes without being limited to commercial and industrial establishments, intended to direct or point the way at street intersections toward said place which obviously could not easily be located without such sign or device, provided that such signs shall contain only the name, symbol or emblem of said place, and provided that no such sign shall be larger than 12 square feet in area.
B.
Advertising signs. Off-premises business and commercial advertising signs as defined in Article II shall not be permitted.
C.
Temporary signs.
(1)
Temporary signs for political campaigns, or directing patrons, members or audiences to exhibits, shows, or events, subject to the following requirements:
(a)
No such sign shall exceed 12 square feet in area.
(b)
Signs shall be removed within five days after the date of the election, exhibit, show or event; otherwise, the Town may cause such sign to be removed, with the cost of said removal to be borne by the person or organization responsible for posting the temporary signs.
(d)
A sign permit is not required.
(2)
Temporary directional signs relating to a land division or to a construction project, intended to direct or point the way at street intersections toward such subdivision or project, subject to the following requirements:
§ 405-47 Permanent residential identification signs.
A.
No more than two permanent identification signs may be placed at the primary residential roadway entrance. No more than one sign may be placed at secondary entrances.
B.
The sign must be designed so as not to obstruct full sight distance and shall be a minimum of 10 feet from the road right-of-way.
D.
Sign maintenance is the sole responsibility of the developer and/or assigns.
§ 405-47.1 Perpendicular business identification signs - Town center.
[Added 8-9-2022 by Ord. No. 2022-05]
A. ABANDONED BUSINESS IDENTIFICATION SIGN PROJECTING BUSINESS IDENTIFICATION SIGN
Definitions.
Any projecting business identification sign that is not removed from the building/premises within 180 days (consecutive) after the businesses or enterprise to which it was accessory ceases operation on the premises on which the sign is located.
A building mounted, double-sided sign with two faces generally perpendicular to the building wall which projects more than 12 inches from the building that identifies a business located within a building located in any Town Center Zoning District; not to include signs located on a canopy, awning or marques.
B.
Applicability.
(1)
This section of the Zoning Ordinance shall only apply to buildings, businesses and signs located within Town Center (TC) Zoning Districts as specified in the Zoning Ordinance of the Town of Smithsburg as it currently exists and/or may be subsequently amended.
C.
Design standards and specifications. All projecting business identification signs permitted hereunder shall comply with the following standards and specifications:
(1)
Subject to the standards and specifications set forth herein, one projecting business identification sign as defined in this section shall be permitted for each business located in any Town Center Zoning District.
(2)
A projecting business identification sign shall not exceed 12 square feet (six square feet per side with a vertical and/or horizontal dimension not to exceed two feet by three feet).
(3)
The square footage and/or placement of a projecting business identification sign shall be in addition to any other signage that may be permitted by right and/or special exception pursuant to Article VII of the Zoning Ordinance of the Town of Smithsburg.
(4)
A projecting business identification sign shall be placed in such a way that the bottom edge of the sign is at least eight feet from grade (i.e., the sidewalk).
(5)
A projecting business identification sign outside edge shall at least six inches from the outside edge of the curb-line or shoulder of the road, whichever is applicable.
(6)
Projecting business identification signs shall not be illuminated internally.
(7)
All projecting business identification signs shall be securely and permanently affixed to the building and shall comply with any applicable Building Codes. The permittee, upon installation a projecting business identification sign, shall submit to the Zoning Administrator a written statement from an architect and/or structural engineer certifying that the permitted sign has been properly secured in accordance with normally accepted building standards and any applicable Building Code.
(8)
The owner of the building upon which the projecting business identification sign is affixed shall be responsible for the removal of a projecting business identification sign once it would be deemed abandoned pursuant to this section and shall remove any abandoned projecting business identification sign within 30 days of abandonment as defined herein.
(9)
The permittee and/or the owner of the building shall be responsible for the maintenance and upkeep of any projecting business identification sign allowed pursuant to this section of the Zoning Ordinance. If the Town is required to repair, stabilize, remove and/or replace any projecting business identification sign, the owner of the premises and the permittee shall be assessed any cost associated therewith.
(10)
No projecting business identification sign shall be placed and/or installed in such a way that it endangers pedestrians on any public sidewalk or other walkway.
(11)
No projecting business identification sign shall be placed and/or installed in such a way that interferes with vehicular passage/visibility or pedestrian passage/visibility.
(12)
The content of a projecting business identification sign is limited to graphic and/or written identification of the business operated by the permittee within the building.
D.
Existing signs.
(1)
Any projecting sign in existence before the effective date of this added section to the Zoning Ordinance shall be deemed permitted, whether it comports with the standards and specifications set forth above or not, until it is removed permanently and/or abandoned as defined herein.
E.
Permit required.
(1)
No projecting business identification sign shall be installed by any person, business or entity in Town Center Zoning until a permit is issued by the Zoning Administrator upon written application. Any application to install a projecting business identification sign shall include the name, address, phone number and email address of the applicant together with a graphic rendering of the proposed sign which shall include a description of the proposed location. If the applicant is not the owner of the building, the owner shall provide written consent pertaining to the installation of the requested sign.
(2)
If the Zoning Administrator would determine that the proposed projecting business identification sign shall represent a threat to the public safety of pedestrians and/or vehicular traffic and/or otherwise pose an unreasonable risk of harm, the Zoning Administrator may deny the issuance of the permit. If the applicant would disagree with the Zoning Administrator's adverse determination, the Applicant shall have the right to appeal said determination to the Board of Zoning Appeals within 30 days in accordance with the procedures set forth in the Zoning Ordinance of the Town of Smithsburg.
F.
Enforcement.
(1)
If an applicant, permittee, business owner and/or property owner fail(s) to comply with this section, the Zoning Administrator shall have the authority to revoke the issued permit and order the removal of the projecting business identification sign and/or other reasonable corrective action. If the applicant, permittee, business owner and/or property owner fail to comply the revocation and/or corrective order within 30 days of same, the Town shall have the right to take any action available under the Zoning Ordinance of the Town of Smithsburg and/or Maryland Law to remedy the issue. In the event any civil action would be come necessary, the applicant, permittee, business owner and/or property owner, as applicable, shall be responsible for all costs of said proceedings, including reasonable attorney's fees and court costs.
G.
Conflict.