This chapter shall hereinafter be known and cited as the "Billboard
Ordinance."
Unless otherwise expressly stated or the context clearly indicates
a different intention, the following terms shall, for the purpose
of this chapter, have the meanings indicated in this section:
BILLBOARD
An outdoor off-premises board displaying advertisements.
DEPARTMENT
Planning and Code Administration Department.
DIGITAL SIGN
A sign which automatically changes message or copy electronically
to create static images of a certain fixed duration. For purposes
of this chapter a digital sign shall not include full-motion video
or scrolling, rolling or dissolving images, or signs maintained by
the City of Hagerstown within the public right-of-way for a public
purpose or benefit.
FACE
The surface of any sign or billboard upon, against, or through
which the message is displayed or illustrated on said sign or billboard.
FREESTANDING
Any structure not permanently affixed or attached to a building
or other permanent improvement.
GOVERNMENTAL SIGNS
Signs erected and maintained by the City, county, state or
federal government for designation or direction to community facilities,
to provide information on traffic control and public safety and to
provide public service announcements. Such signs serve a public purpose
and as such are exempt from this code.
LOT
Any piece or parcel of land or a portion of a subdivision
that is recorded in the land records of Washington County, Maryland.
OFF-PREMISES ADVERTISING SIGN
Any sign, billboard or other structure or vehicle which advertises
an event, product, service, business or entertainment media which
is not available or located on the premises. An off-premises advertising
billboard includes any sign, billboard or other structure which displays
multiple messages and includes at least one message which advertises
anything which is not available or located on the premises.
ON-PREMISES SIGN
Any sign, billboard or other structure or vehicle which advertises
an event, product, service, business or entertainment media which
is available or located on the premises.
PORTABLE SIGN
Any off-premises advertising sign not permanently affixed
to the ground or a building or not designed to be permanently attached
to the ground or a building.
PREMISES
Any single parcel or lot of real property in the City, including
the land and all improvements or structures, upon which a sign is
located.
ROOFTOP SIGN
Any off-premises advertising sign located on or attached
to the roof of a building, garage, shed or other structure, including
a porch roof, lower level roof or a roof on any level of such structure.
SIGN
Any structure, display or device that is arranged, intended,
designed or used as an off-premises advertisement, announcement, identifier,
description, or direction to attract the public's attention.
SUBSTANTIAL RECONSTRUCTION
Replace or rebuild existing off-premises advertising sign
that changes the structural design of the original off-premises advertising
sign, height, number of sign faces, type of sign face, etc.
It shall be unlawful for any person to erect and thereafter
maintain within any residential, mixed-use, or institutional zoning
district of the City any billboard or other off-premises advertising
sign which is visible from other properties in those districts or
from a public right-of-way.
The following standards shall apply to all off-premises advertising
signs which are constructed after March 15, 1999, and to existing
off-premises advertising signs which are replaced entirely or are
substantially reconstructed, repaired or modified.
A. Not more than one off-premises advertising sign shall be allowed
per lot and no new off-premises advertising sign shall be located
within 300 feet of any existing off-premises advertising sign, regardless
of the number of lots in between. This restriction shall not be applicable
to any off-premises advertising sign prior to March 15, 1999, when
said sign is repaired without substantial reconstruction.
B. All freestanding off-premises advertising signs shall be set back
not less than 25 feet from the right-of-way line of all streets. All
freestanding off-premises advertising signs shall be setback at least
300 feet from an intersection of the Dual Highway and at least 100
feet from any other intersection. This setback line restriction shall
not be applicable to any off-premises advertising sign prior to March
15, 1999, when said sign is being repaired without substantial reconstruction.
C. No off-premises advertising signs shall be located within 100 feet
of a City residential zoning district, and if internally illuminated
or digital, within 500 feet of a City residential zoning district.
This restriction shall not be applicable to any off-premises advertising
sign prior to March 15, 1999, when said sign is being repaired without
substantial reconstruction.
D. No off-premises advertising sign face on a freestanding structure
shall exceed a total of 300 square feet per sign face in surface area
including trim, nor shall it contain more than one message per face,
except for complementary or joint messages.
E. Freestanding off-premises advertising signs may have one, two, or
three faces. Two-faced signs shall have the two faces placed back-to-back.
Three-faces signs shall have the faces placed in a triangular configuration.
F. No off-premises advertising sign face attached to a building shall
exceed one square foot per linear foot of the wall it's mounted
on with a maximum of 300 square feet permissible. No more than one
wall-mounted off-premises advertising sign is permissible per property.
Must be mounted flush to the wall.
G. Digital off-premises advertising signs are permissible provided they
are equipped with auto dimming that adjust the brightness to the ambient
light at all times of the day and night, hold a stationary image for
at least eight seconds, do not have flashing, moving, or video images,
and have a maximum one- to two-second transition time between images.
H. No freestanding off-premises advertising sign shall exceed 30 feet
in height measured from the grade to the highest point of the structure.
All off-premises advertising signs, structures, and faces shall
be kept in good repair and properly painted and maintained in a skillful
and reasonable manner. All exterior lighting and illumination will
be oriented toward the ground. Any plan to substantially reconstruct
an off-premises advertising sign or alter the number of type of sign
faces on an existing billboard shall only per permissible if in compliance
with this chapter.
Any off-premises advertising sign utilized on a premises to advertise anything which is available or located on said premises for a period of two years shall lose the designation as an off-premises advertising sign. This sign would be designated as a nonconforming on-premises sign and be subject to the provisions of Chapter
140, Land Management Code.