In addition to the purposes set forth in § 164-2 of this chapter, the purpose of the requirements set forth in this article which regulate the location, size, placement and certain features of signs is to enable the public to locate goods, services and facilities without difficulty, danger or confusion, to prevent wasteful use of natural resources in competition among businesses for attention, to prevent hazards to life and property and to assure the continued attractiveness of the City and the protection of property values.
No sign may be erected in any zone, nor a permit
issued therefor, unless such sign is specifically permitted by this
article and complies with all of the requirements of this chapter.
In furtherance of the purpose and intent of this article as set forth in § 164-117, the following general requirements shall be applicable to all signs except those erected by a governmental agency:
A.
No sign shall be erected which obstructs any window,
door, fire escape, stairway, ladder or opening intended to provide
light, air, ingress or egress for any building or structure or which
otherwise endangers the safety of a building, premises or person.
B.
No sign shall be erected which, by reason of its position,
size, shape or color, may interfere with, obstruct the view of or
be confused with any traffic sign, signal or device or railroad sign
or signal or which makes use of any word, phrase, symbol or character
in such a manner as to interfere with, mislead or confuse traffic.
C.
No sign which uses the word "stop" or "danger" or
which presents or implies the need or requirement of stopping or the
existence of danger shall be displayed.
D.
No sign shall be erected which utilizes rotating,
blinking, flashing or fluttering illumination or illumination which
varies in color or intensity.
[Amended 9-28-2015 by Ord. No. 860[1]]
[1]
Editor’s Note: This ordinance provided that it would
be effective retroactively to 2-23-2012, except to the extent that
it would impair a vested right of a property owner.
E.
F.
No sign shall be erected by or placed by any person
on any public property or right-of-way, including sidewalks.
G.
No sign shall be erected in such a location as to
interfere with pedestrian or vehicular circulation onto or off of
the property on which it is located.
H.
No motor vehicle shall be parked in any zone under
circumstances reasonably indicating an intent to make principal use
of such motor vehicle as a sign for any person, firm, group, organization,
place, commodity, product, service, business, profession, enterprise
or industry.
I.
No sign shall be permitted which contains statements,
words or pictures of an obscene, indecent or immoral character or
such as will offend public morals or decency.
J.
No sign shall be placed on rocks, trees or on poles
maintained by public utilities.
The following signs are permitted without a
permit in any zone, provided that the following conditions are adhered
to:
A.
Signs indicating the name and/or premises or accessory
use of a home for a home occupation, its residents or professional
purposes, not exceeding one square foot in area.
B.
Signs, not exceeding 30 square feet, on a farm advertising
farm products primarily grown on the premises, provided that they
are located off the highway right-of-way and do not interfere with
traffic visibility.
C.
Any directional or informational or historic marker
of a public or quasi-public nature, such as those containing the meeting
date of a community or civic club, the advertising of an event of
public interest or noncommercial information for the convenience of
the traveling public.
D.
Temporary real estate signs, not exceeding eight square
feet and located on and advertising the subject property for sale
or lease.
E.
Freestanding signs or signs attached to fences no
larger than two square feet warning the public against trespassing,
dangerous animals or the like.
F.
Seasonal displays and decorations not advertising
a product, service or entertainment.
G.
Building contractors' and professional persons' temporary
signs on buildings or subdivisions under construction, limited to
a total area for all such signs on said buildings or subdivisions
of 150 square feet during the period of construction.
H.
Temporary signs, not exceeding 30 square feet in area,
announcing a campaign, drive or event of a civic, philanthropic, educational
or religious organization. Such signs may not be posted more than
one month before and may not be displayed beyond seven days after
such campaign, drive or event.
I.
Political campaign signs. Signs announcing candidates
seeking public political office and other data pertinent thereto shall
be permitted up to a total area of nine square feet for each premises
in a residential zone and 32 square feet in a commercial or industrial
zone. The signs shall be confined within private property and shall
not be less than 15 feet or the back edge of the sidewalk, whichever
is greater, and 100 feet from the nearest curb intersection of any
street or road.
[Amended 10-27-2008 by Ord. No. 789]
A.
Business signs pertaining to a use on the premises
are permitted as an accessory use in the Business Zone, except the
Central Business Zone, and in the I-R Restricted Industrial Zone,
provided that they meet the following provisions:
[Amended 9-11-1995 by Ord. No. 601]
(1)
No such sign shall project over or into any
street right-of-way or project more than 12 inches above the parapet
wall or roofline.
(2)
Any sign erected shall be located in such a
manner that traffic visibility is not impaired.
(3)
Such signs shall be integral with or attached to the building. Additionally, one freestanding sign located at the street right-of-way shall be permitted except as provided in Subsection A(5) hereof. Said freestanding sign shall not exceed 20 feet in total height. The area of all signs on the premises shall not exceed three square feet for each linear foot of the front building wall. No one sign shall exceed 64 square feet in total area except as provided in Subsection A(5) hereof.
[Amended 2-9-1998 by Ord. No. 626]
(4)
Where the lot adjoins any residential zone,
a sign within 50 feet shall be attached flat against the front of
the building, and no freestanding sign shall face any residential
zone.
(5)
Any sign or signs for property adjacent to any
divided street or highway shall be permitted as follows.
[Amended 9-28-2015 by Ord. No. 860[1]]
(a)
Applications for signs which do not exceed 64 square feet in
total area and which do not exceed 12.5 feet in height shall be approved
by the Zoning Administrator. Applications for signs up to and including
125 square feet and/or up to and including 20 feet in height shall
be approved by the Commission. In determining whether or not to approve
an application, the Zoning Administrator or the Commission shall take
into consideration the following factors: traffic and pedestrian safety;
the size, configuration, elevation and location of the property; existing
signs on the property and neighboring properties; aesthetics; and
any other factors relating to the location, size, design, composition
and specific character of the proposed sign deemed appropriate by
the Zoning Administrator or the Commission. No sign shall be approved
if the Zoning Administrator or the Commission finds that it would
not achieve a maximum of compatibility, safety, efficiency and attractiveness.
(b)
One variable electronic message sign (VEMS) will be permitted
per approved development site, provided it meets the following provisions:
[1]
Animated, flashing, blinking, reflecting, revolving, full motion
or any other similar message or transitional movement is prohibited;
[2]
Only text messages shall be displayed, and the message shall
not change more than once every 30 seconds;
[3]
Advertisements for off-premises businesses or services are prohibited;
[4]
A VEMS may only be used as part of a wall or monument sign;
[5]
A VEMS must have automatic dimming capability that adjusts brightness
to ambient light at all times, not to exceed 5,000 candelas per square
meter during daylight hours and 500 candelas per square meter between
dusk and dawn;
[6]
The VEMS shall present a maximum of three colors and shall display
a dark screen in the event of a sign malfunction;
[7]
The VEMS shall not exceed 32 square feet, which area will be
counted toward the maximum sign allowance; and
[8]
The VEMS shall be subordinate to the business name portion of
the sign (the VEMS may not be the predominant feature).
[1]
Editor’s Note: This ordinance provided that it would
be effective retroactively to 2-23-2012, except to the extent that
it would impair a vested right of a property owner.
(6)
On property used exclusively by a single tenant in a freestanding
building with its own parking field, where the floor area of the building
exceeds 70,000 square feet, individual building signs that exceed
125 square feet in area may be approved by the Planning and Zoning
Commission, upon the request of the property owner, where such approval
will not otherwise impair the purposes of this article. The area of
all signs on the premises shall not exceed three square feet for each
linear foot of the front building wall.
[Added 10-24-2016 by Ord.
No. 870]
B.
Other standards.
(1)
Signs located in the Central Business Zone shall
conform to the standards set forth in the "Standards for Renovation
Westminster," Chapter III, as adopted February 27, 1978, and as may
be amended from time to time.
(2)
Signs located outside of the Central Business
Zone and within the Westminster Historic District as designated in
the National Register of Historic Places shall conform to any and
all standards as may be hereinafter adopted and amended from time
to time.
C.
Signs located in the Planned Regional Shopping Center
Zone shall be permitted, provided that they meet the following provisions
:
[Amended 11-26-2001 by Ord. No. 674]
(1)
One freestanding identification sign shall be permitted per
State Highway Administration-approved vehicular access to parking
areas. Said freestanding sign shall not exceed 25 feet total height
and shall not exceed 125 square feet in area.
[Amended 9-28-2015 by Ord. No. 860[2]]
[2]
Editor's Note: This ordinance provided that it would be effective
retroactively to 2-23-2012, except to the extent that it would impair
a vested right of a property owner.
(2)
A freestanding identification sign may include a VEMS, provided
that:
[Added 9-28-2015 by Ord.
No. 860[3]]
(a)
Animated, flashing, blinking, reflecting, revolving, full motion
or any other similar message or transitional movement is prohibited;
(b)
Only text messages shall be displayed, and the message shall
not change more than once every 30 seconds;
(c)
Advertisements for off-premises businesses or services are prohibited;
(d)
The VEMS may only be used as part of a wall or monument sign;
(e)
The VEMS must have automatic dimming capacity that adjusts brightness
to ambient light at all times, not to exceed 5,000 candelas per square
meter during daylight hours and 500 candelas per square meter between
dusk and dawn;
(f)
The VEMS shall present a maximum of three colors and shall display
a dark screen in the event of a sign malfunction;
(g)
The VEMS shall not exceed 32 square feet, which area will be
counted toward the maximum sign allowance; and
(h)
The VEMS shall be subordinate to the business name portion of
the sign (the VEMS may not be the predominant feature).
[3]
Editor's Note: This ordinance provided that it would be effective
retroactively to 2-23-2012, except to the extent that it would impair
a vested right of a property owner.
(3)
On properties including drive-through restaurants, service stations,
and other similar establishments serving motorists, one illuminated
electronic display will be permitted per establishment, provided that:
[Added 9-28-2015 by Ord.
No. 860[4]]
(a)
The illuminated electronic display does not exceed eight inches
in height or two feet in width or extend more than five feet above
the ground; and
(b)
Audio speakers shall not be audible beyond the property boundary.
[4]
Editor's Note: This ordinance also provided for the redesignation
of former Subsection C(2) through (6) as Subsection C(4) through (8),
respectively, and further provided that it would be effective retroactively
to 2-23-2012, except to the extent that it would impair a vested right
of a property owner.
(4)
One flat wall sign shall be permitted at each
major pedestrian entrance into department stores over 30,000 square
feet in leasable area. Said wall signs shall not exceed 150 square
feet and shall not extend above the roofline.
(5)
One flat wall sign shall be permitted at each
major pedestrian entrance of the mall. Said wall sign shall not exceed
150 square feet and shall not extend above the roofline.
(6)
One flat wall sign shall be permitted for each
exterior wall of stores over 60,000 square feet in leasable area.
Said wall signs shall not exceed 200 square feet and shall not extend
above the roofline.
(7)
Signs for separate standing buildings or stores not included in the mall structure shall meet the provisions established for the Business Zone in Subsection A.
(8)
Any sign or signs other than those provided
herein shall be permitted only after application and approval by the
Planning Commission.
D.
Signs for special exception uses shall be in accordance with the pertinent provisions of this article and approved by the Board of Appeals upon the granting of a special exception. Such signs may be freestanding or attached to a building but shall not exceed 32 square feet in size, except as to signs provided by § 164-120C. Lighting for such signs shall not cause glare onto neighboring residential properties or uses and shall be approved upon consideration of the character of the neighborhood in which the special exemption is located. Signs for tourist homes, boardinghouses and home occupations shall not exceed two square feet in size on any one side.
E.
Business signs pertaining to a use on the premises
are permitted as an accessory use in the P-I Planned Industrial Zone,
provided that they meet the following provisions:
[Added 9-22-1997 by Ord. No. 622]
(1)
No sign shall project over or into any street
right-of-way or project more than 12 inches above the parapet wall
or roofline.
(2)
Any sign erected shall be located in such a
manner that traffic visibility is not impaired.
(3)
Signs shall be integral with or attached to the building. Additionally, one freestanding sign located at the street right-of-way shall be permitted as provided in Subsection E(5) hereof.
(4)
Where the lot adjoins any residential zone,
a sign within 50 feet shall be attached flat against the front of
the building, and no freestanding sign shall face any residential
zone.
(5)
Any freestanding sign shall be permitted as
follows. Applications for signs which do not exceed 64 square feet
in total area and which do not exceed 20 feet in height shall be approved
by the Zoning Administrator. Applications for signs up to and including
250 square feet and/or up to and including 40 feet in height shall
be approved by the Commission. In determining whether or not to approve
an application, the Zoning Administrator or the Commission shall take
into consideration the following factors: traffic and pedestrian safety;
the size, configuration elevation and location of the property; existing
signs on the property and neighboring properties; aesthetics, and
any other factors relating to the location, size, design, composition
and specific character of the proposed sign deemed appropriate by
the Zoning Administrator or the Commission. No sign shall be approved
if the Zoning Administrator or the Commission find that it would not
achieve a maximum of compatibility, safety, efficiency and attractiveness.
F.
Business signs pertaining to a use on the premises
are permitted as an accessory use in the N-C Neighborhood Commercial
Zone, provided that they have been approved as part of an integrated
sign program approved by the Commission and meet the following provisions:
[Added 9-25-2000 by Ord. No. 638]
(1)
No such sign shall project over or into any
street right-of-way or project more than 12 inches above the parapet
wall or roofline.
(2)
Any sign erected shall be located in such a
manner that traffic visibility is not impaired.
(3)
Such signs shall be integral with or attached
to the building. The area of building-mounted signs shall not exceed
one square foot for each linear foot of the front building wall, with
a maximum size of 64 square feet.
(4)
Additionally, one freestanding monument-style sign located at
the street right-of-way shall be permitted; provided, however, that
on sites greater than 14 acres in size, with at least 1,000 feet of
frontage on a dual highway, one such additional sign shall be permitted.
Said freestanding monument-style sign shall not exceed 12.5 feet in
total height and a maximum area of 64 square feet per face.
[Amended 1-14-2013 by Ord. No. 838]
(5)
Said freestanding identification sign may include a VEMS, provided
that:
[Added 9-28-2015 by Ord.
No. 860[5]]
(a)
Animated, flashing, blinking, reflecting, revolving, full motion
or any other similar message or transitional movement is prohibited;
(b)
Only text messages shall be displayed, and the message shall
not change more than once every 30 seconds;
(c)
Advertisements for off-premises businesses or services are prohibited;
(d)
The VEMS may only be used as part of a wall or monument sign;
(e)
A VEMS must have automatic dimming capability that adjusts brightness
to ambient light at all times, not to exceed 5,000 candelas per square
meter during daylight hours and 500 candelas per square meter between
dusk and dawn;
(f)
The VEMS shall present a maximum of three colors and shall display
a dark screen in the event of a sign malfunction;
(g)
The VEMS shall not exceed 32 square feet, which area will be
counted toward the maximum sign allowance;
(h)
The VEMS shall be subordinate to the business name portion of
the sign (the VEMS may not be the predominant feature); and
(i)
The VEMS shall display one text message between 10:00 p.m. and
6:00 a.m.
[5]
Editor's Note: This ordinance provided that it would be effective
retroactively to 2-23-2012, except to the extent that it would impair
a vested right of a property owner.
(6)
On properties used exclusively for, or including, drive-through
restaurants, service stations, and other similar establishments serving
motorists, one illuminated electronic display will be permitted per
establishment, provided that:
[Added 9-28-2015 by Ord.
No. 860[6]]
(a)
The illuminated electronic display does not exceed eight inches
in height or two feet in width or extend more than five feet above
the ground; and
(b)
Audio speakers shall not be audible beyond the property boundary.
[6]
Editor's Note: This ordinance provided that it would be effective
retroactively to 2-23-2012, except to the extent that it would impair
a vested right of a property owner.
(7)
Where the lot adjoins any residential zone,
a sign within 50 feet shall be attached flat against the front of
the building, and no freestanding sign shall face any residential
zone.
(8)
Any sign or signs other than those provided
herein shall be permitted only after application to and approval by
the Commission. This provision shall authorize the Commission to increase
the square footage limitations of any sign not to exceed 125 square
feet.
(9)
In determining whether or not to approve an
application, the Commission shall take into consideration the following
factors: traffic and pedestrian safety; the size, configuration elevation
and location of the property; existing signs on the property and neighboring
properties; aesthetics; and any other factors relating to the locations,
size, design, composition and specific character of the proposed sign
deemed appropriate by the Commission. No sign shall be approved if
the Commission finds that it would not achieve a maximum of compatibility,
safety, efficiency and attractiveness.
Outdoor advertising signs, commonly referred
to as "billboards" or "poster panels," shall be subject to the following
regulations:
A.
Outdoor advertising signs shall be permitted in the
P-I, I-R and I-G Zones. No sign shall be located within 200 feet of
any residential zone, nor shall such sign be located within 300 feet
of an intersection on a two-lane or proposed two-lane highway or within
100 feet of any other intersection.
B.
All outdoor advertising signs shall be spaced at least
300 feet apart. In the case of existing two-lane highways, each side
of the two-lane highway shall be considered separately in determining
spacing requirements. In the case of non-dual-lane highways, spacing
shall be determined and measured between signs, regardless of the
side of the highway on which they are located and proposed.
C.
No outdoor advertising sign shall be closer than 100
feet to any property line nor located closer than 660 feet to the
right-of-way line of any highway which is part of the interstate highway
system nor closer than 200 feet to the right-of-way line of any other
street or road.
D.
Outdoor advertising signs shall be no higher than
30 feet.
E.
No sign shall exceed more than 260 feet in area.
F.
No outdoor advertising sign shall be permitted in
the following scenic areas in a residential zone within the City along
the following Maryland routes: Route Nos. 31, 97 and 140.
A.
Except as provided in § 164-120, no sign shall be erected, altered or relocated without a sign permit issued by the Zoning Administrator.
B.
The application for a sign permit shall be filed with
the Zoning Administrator. The permit application shall be signed by
the applicant, and when the applicant is any person other than the
owner of the property, the permit application shall also be signed
by the owner of the property and shall contain the location of the
sign structure, the name and address of the sign owner and of the
sign erector and drawings showing the design, dimensions and locations
of the sign and such other pertinent information as the Zoning Administrator
may require to ensure compliance with the laws of the City.
D.
A sign permit shall become null and void if the work
for which the permit was issued has not begun within a period of six
months after the date of the permit. A permit may be renewed, and
no additional fee shall be charged for such renewal.
E.
The following operations shall not be considered as
creating a sign and shall not require a permit:
(1)
Replacing copy: the changing of the advertising
copy or message on an approved painted or printed sign or on a theater
marquee and similar approved signs which are specifically designed
for the use of replaceable copy.
(2)
Maintenance: painting, repainting, cleaning
and other normal maintenance and repair of a sign or a sign structure,
unless a structural change is made.
F.
All signs requiring permits shall display, in a place
conspicuous to inspectors, evidence of the permit containing such
data as may be supplied and designated by the Zoning Administrator.
A.
All signs shall comply with the pertinent requirements
of the BOCA Basic Building Code, as may be amended from time to time.
B.
Signs for which a permit is required shall be inspected
periodically by the Zoning Administrator for compliance with this
article and the other laws of the City.
C.
All signs and components thereof shall be kept in
good repair and in a safe, neat, clean and attractive condition.
D.
The Zoning Administrator is authorized to adopt rules
and regulations to ensure that signs are constructed, licensed and
maintained in accordance with this article.
A.
Signs which do not conform to the regulations and
restrictions prescribed for the zone in which they are situated but
which were erected in accordance with regulations in effect at the
time may remain as long as the use advertised remains.
B.
No nonconforming sign shall be enlarged, reconstructed
or altered in any manner nor shall it be worded to advertise any other
use than was advertised at the time it became nonconforming.
C.
No nonconforming sign shall be moved on the same lot
or to any other lot unless the moving will relocate the sign into
a zone in which it would conform.
A.
The Zoning Administrator shall order the removal of
any sign erected or maintained in violation of this article. Ten days'
notice in writing shall be given to the owner of such sign or of the
building, structure or premises on which such sign is located to remove
the sign or to bring it into compliance with this article. Upon failure
to remove the sign or to comply with this notice or an appeal taken
timely to the Board of Appeals, the Zoning Administrator may cause
the sign to be removed. The Zoning Administrator may remove the sign
immediately and without notice if it reasonably appears that the condition
of the sign is such as to present an immediate threat to the safety
of the public. Any costs of removal incurred by the Zoning Administrator
shall be assessed to the owner of the property on which such sign
is located and may be collected in the manner of ordinary debt or
in the manner of taxes, and such charge shall be a lien on the property.
A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises. If the owner or lessee fails to remove the sign, the Zoning Administrator may remove it in accordance with § 164-126. These removal provisions shall not apply where a succeeding owner or lessee conducts the same type of business and agrees to maintain the signs as provided in this article or changes the copy on the signs to advertise the type of business being conducted on the premises, provided that the signs comply with the other provisions of this article.
Upon denial of a sign permit or an order of
removal by the Zoning Administrator or where a variance is denied,
the sign owner or owner of the property on which a sign is located
may file an appeal within 30 days of the date of action of the Zoning
Administrator to the Board of Appeals. The appeal shall be in writing
in such form as required by the Board.
Any person who violates this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to the penalty contained in § 164-159.
