Town of Denton, MD Signs

For the purpose of this article, signs are recognized to present unique problems and conditions, and therefore the following regulations and restrictions are intended to ensure that signs which because of their nature, size, structure, design, color, lighting, or location will not create an adverse effect on surrounding properties and the community in general.

After the effective date of this article and unless herein excepted, no sign shall be erected, constructed, posted, painted, altered, maintained, or relocated except as provided in this section and in these regulations, until a permit has been issued by the Director of the Department of Planning and Codes, henceforth known as "the Director," or his/her designee. The Director or his/her designee shall be responsible for providing an application. Before any permit is issued, an application shall be filed, together with a sketch, drawing, or specification as may be necessary to fully advise and acquaint with the location, construction, materials, manner of illuminating, securing, or fastening, and number of signs for which approval is sought.

For the purposes of this article, signage area, height, and location shall be in accordance with the following:

(1)

Signage area shall be based on the entire area of the sign with a single continuous perimeter enclosing the extreme limits of the sign surface. Signage area for individual letters and logos shall be measured individually, and the total area of all letters and logo shall constitute the signage area. Signage support and framework shall not be included in the signage area calculation. Signs with two faces no more than two feet apart shall be considered as one signage area.

(2)

Sign height shall be measured from the adjacent grade, paved walk, or vehicular surface to the lowest and/or highest point of the sign.

(3)

Freestanding signs shall be located 1/2 the distance required for the building setback, except in the Industrial Zoning District where a freestanding sign shall be located a minimum of 10 feet from the property line.

(4)

No sign shall be installed or constructed extending over or above the roof or parapet of a building or into a public right-of-way or street.

The Director or his/her designee shall remove or cause to be removed any sign erected or maintained in conflict with these regulations if the owner or lessee or responsible party of either the site or the sign fails to correct the violation within 30 days after receiving a written notice of violation from the Director or his/her designee. Removal of a sign shall not affect any proceedings instituted prior to removal of such sign, including but not limited to, formal enforcement activities and/or imposition of fines.

Any unpaid expenses associated with enforcement activities, including the imposition of fines and the cost of correcting violation(s), shall be subject to lien against the property. The procedure for an appeal of violation(s) is established in accordance with Chapter 94, Property Maintenance.

Nonconforming signs may not be enlarged, substantially altered, moved, or replaced except to bring the sign into conformity with these regulations. For the purposes of this article, a nonconforming sign may be repaired and renovated to the original sign specifications.

The Board of Appeals, pursuant to the authority and procedures set forth in Article XIX, Citizen Boards, may grant variances to these regulations as established in § 128-126H.

Restrictions.

(1)

No signs, banners, pennants, streamers, spinners, or similar devices constructed of cloth, fabric, cardboard, metal, or other like material, displayed for purposes shall be erected except where the Director or his/her designee has authorized such use or is otherwise permitted by these regulations.

(2)

No sign shall be constructed, erected, or otherwise installed within a required buffer area, forested, or similar conservation easements or area, or create a hazard or unsafe condition, including but not limited to, the safety of vehicular and pedestrian traffic.

(3)

All signs and supporting structures shall be maintained in good condition and appearance. After due notice has been given, the Director or his/her designee may cause to be removed any sign which shows gross neglect or becomes dilapidated.

(4)

Where permitted by these regulations, illumination shall meet the standards and regulations as provided for in Article XXII, Outdoor Lighting.

(5)

All signs shall comply with the yard setback requirements of the district in which they are located except that freestanding signs may be located within the front yard setback.

(6)

The owner and/or tenant of the premises shall be held responsible for any violation of these regulations. Where a sign has been erected in accordance with these regulations, the sign company shall be relieved of further responsibility under these regulations.

(7)

Except in the Historic Overlay Zone, where Historic and Architectural Review Commission review and approval is required, repainting and changing the message of a sign shall not, in and of itself, be considered a substantial alteration.

(8)

For the purposes of enhancing visibility of a sign, no person may damage, trim, destroy, or remove trees, shrubs, or vegetation located within:

(a)

The right-of-way of any public street or road without express written authorization of the owner of the right-of-way;

(b)

On any other property other than under direct ownership or control of where the sign is located; or

(c)

In any area where such vegetation is required as part of the critical area regulations.

(9)

Off-site signage. "Off-site signage" shall mean signage of any material or vehicle advertising a business, event, or activity that is not physically and permanently located on the lot or parcel where signage is displayed. No off-site signage is allowed except as permitted in § 128-127, Sign types and dimensional regulations, and § 128-126I of this Code.

(10)

Temporary signage. Unless permitted by the regulations under § 128-126I of this Code, temporary signage shall be defined as any signage, temporary in nature, including vehicles or signage constructed or fabricated of posters, paper, plastic, cardboard, fabric or similar types of materials, installed for 30 days or less. Any signage installed and in use for greater than 30 days shall be determined as permanent and shall comply with this Code.

(11)

Vehicle signage. No vehicle shall be used as permanent signage, on-site or off-site except as permitted in § 128-127, Sign types and dimensional regulations, and the following:

(a)

For the purposes of this Code, vehicle signage permitted by § 128-127 is considered permanent if located on a parcel or lot more than the time as established in § 128-126H(10) of this Code.

(b)

All vehicle signage, whether the use is temporary or permanent in nature, shall be properly licensed and registered, operable, maintained in clean and good condition, and parked or stored on a fully stabilized surface intended for vehicles. "Stabilized surface" shall mean any surface such as asphalt, concrete, gravel, grass-pave, or similar construction for the purpose of the parking, storage, or driving of vehicles.

Use regulations. The following sign uses, and no other, are permitted, provided the regulations as set forth in Subsections C and H are met:

(1)

Professional, accessory use, or name signs indicating the profession or activity of a dwelling, or signs indicating the private nature of a driveway or property, providing that no more than two such signs shall be located along one road frontage and that the combined area on one side of such sign or signs shall not exceed two square feet.

(2)

Identification signs, announcement signs, or bulletin boards, relating to a religious institution, educational facility, hospital, municipal or government facility, charitable or civic institution or facility, providing that not more than one sign shall be placed on any street frontage of any one property.

(3)

Official signs, erected by a public authority or public utility, such as, but not limited to, highway signs, railroad crossing, hazard and other signs that may be required by a governmental or public utility authority or agency in connection with the identification, operation or protection of property, persons, or activity.

(4)

Warning signs may be placed by property owners to warn of dangers, such as, but not limited to, hidden driveways and traffic directions on private drives.

(5)

Real estate signs relating to advertisement of individual properties for sale or rent may be placed on the property, provided no more than one sign is installed per street frontage on a property by any one real estate organization. The sign shall be removed promptly when the properties are sold or rented.

(6)

Directional signs relating to a use located in the Town may be erected off site. These signs shall not include more than the name, direction and nature of the business activity referred to. Each sign shall have not more than two square feet on each side and not more than two shall be erected for any one use. Directional signs for activities outside the Town will not be allowed within the Town.

(7)

Legal notices, such as, but not limited to, signs used to post a property to prevent trespassing, hunting, trapping, etc.

(8)

Temporary public announcements to advertise public benefits of religious institutions, fire companies, other public charitable religious events, and public sales events of an individual's household goods, stock, or property are permitted, providing that:

(a)

The event is held in Town;

(b)

The notices are not more than 16 square feet in area, and removed within 14 days; or 48 hours following the event, whichever is the lesser time.

(9)

Special event, sale, and grand opening signs shall be erected in accordance with the following:

(a)

A carnival, fair, circus, festival, or similar event may locate banners, flags, pennants, streamers, and similar signs, provided these signs are displayed four weeks prior to the event and removed no more than three days after the event. Signs advertising such events may be erected and located off site, provided no more than four signs are erected per lot or parcel, not exceeding 32 square feet in signage area, per sign, and written property owner permission is obtained.

(b)

Banners, flags, pennants, streamers and similar signs may be erected and installed for special sales and grand openings, provided signage does not indicate prices and is removed no more than three days after the event and is no more than 24 square feet in signage area. Signs advertising such events may be erected and located off site, provided no more than a total of four signs are erected or installed, one sign per any given parcel, not exceeding 32 square feet in signage area per sign, and written property owner permission is obtained.

(10)

Temporary nonilluminated, political signs 16 square feet in area or less are permitted in any zoning district and shall be removed within seven days after the election. Removal shall be the responsibility of the candidate or erector of the sign.

(11)

Flag and pennant signs shall be in accordance with the following standards:

(a)

Shall not exceed eight square feet for each 10 linear feet of street frontage;

(b)

In connection with a commercial promotion or as an advertising device, providing only such information to identify the business located on the property;

(c)

Shall be maintained in accordance with the safety and maintenance standards of these regulations.

Variances. Pursuant to the authority and procedures set forth in Article XIX, Citizen Boards, § 128-163, Board of Appeals, the Board of Appeals may grant variances to the limitations set forth in these regulations as follows:

(1)

An adjustment of up to 20% of the limitations set forth in these regulations with respect to the following dimensional criteria:

(a)

Sign area;

(b)

Height;

(c)

Distance of permitted projection;

(d)

Setback;

(e)

Distance from other zoning lots;

(f)

Height of lettering.

(2)

An increase of one sign in addition to the maximum number of signs permitted per lot, building, or street frontage where special or unusual conditions of the lot or parcel justify increasing the number of signs.

(3)

The Board of Appeals may reasonably modify the provisions of Subsection J(1)(a) through (f) of these regulations based on special or unusual conditions of the site or building.

(4)

In addition to the review criteria and findings set forth in § 128-163 for variances, the Board of Appeals shall only approve an application in accordance with the standards as set forth in this article for signage.

Shopping centers, big-box stores, commercial medical centers, and industrial centers. The Planning Commission may grant approval as part of the site plan approval process. The Official Tables of Sign Types and Dimensional Regulations is hereby included as Exhibit A, § 128-127,[1] and the following standards shall apply:

(1)

A plan shall be required showing the overall design and treatment of signs throughout the center or big-box store, which shall be submitted to and approved by the Planning Commission as part of the comprehensive development plan and site plan approval process. All signs within the center or big-box store shall be controlled by written agreement between the owners and tenants of the center or big-box store to ensure an attractive and harmonious appearance throughout the center or big-box store.

(2)

Sign lighting may be indirect, internally illuminated, direct downlight, and shall be in conformance with Article XXII, Outdoor Lighting, and the provisions of Chapter 38, Building Construction, the International Energy Conservation Code ("IECC").

(3)

No signage shall be flashing or otherwise create a vehicular or pedestrian hazard.

(4)

The Planning Commission shall approve signage as established in the Official Tables of Sign Types and Dimensional Regulations, included as Exhibit A, § 128-127, (5A) and (6A),[2] or exceed the sizes and number of signage, or otherwise modify the standards of the Official Tables based on the proposed plan or other conditions of the site.

[2]

Editor's Note: Exhibit A is included as an attachment to this chapter.

(5)

Existing signage. Individual signage in existing shopping centers, big-box stores, commercial medical centers, and industrial centers shall comply with the signs dimensions as established in the Official Tables of Sign Types and Dimensional Regulations, included as Exhibit A, § 128-127, (5) and (6), unless determined as comprehensive sign redevelopment defined in this section. "Comprehensive sign redevelopment" shall be defined as any design change of all signage in the center.

(6)

Sign redevelopment. For the purposes of this section, "sign redevelopment" shall mean the comprehensive design and replacement of all existing signs in shopping center, big-box store, industrial center, and commercial center.

(7)

Fees. For the purposes of establishment and payment of fees, any signage review by the Planning Commission shall be based on the fee as established for a minor site plan review. Signage permit fees shall be considered a separate fee from this review.

[1]

Editor's Note: Exhibit A is included as an attachment to this chapter.