[HISTORY: Adopted by the Mayor and City Council
of the City of Havre de Grace 8-5-2019 by Ord. No. 1019.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Civil sanctions — See Ch. 1.
Site plan approval — See Ch. 155.
Vehicles and traffic — See Ch. 190.
Zoning — See Ch. 205.
Attachment 1 - Exhibit No. 1
Attachment 2 - Exhibit No. 2Attachment 3 - Exhibits No. 3 and Exhibit No. 4Attachment 4 - Exhibit No. 5
Attachment 2 - Exhibit No. 2Attachment 3 - Exhibits No. 3 and Exhibit No. 4Attachment 4 - Exhibit No. 5[1]
Editor's Note: This ordinance also repealed former Ch. 151,
Signs, derived from the 1988 Codified Ordinances of the Mayor and
City Council.
These regulations balance the need to protect the public safety
and welfare, the need for a well-maintained and attractive community,
and the need for adequate identification, communication and advertising.
This chapter, also referenced as the "Sign Code," is generally intended
to regulate all exterior signage in an effort to protect property
values and the historic character of the City of Havre de Grace ("City").
These regulations are also designed to restrict the placement of advertising
to the business or use of the premises on which the sign is located
and the restriction of the total sign area permissible per site. The
Sign Code has the following specific objectives:
A.
To ensure that signs are designed, constructed, installed and maintained
according to minimum standards to safeguard life, health, property
and public welfare.
B.
To allow for adequate and effective signs whose dimensional characteristics
further the interests of public safety and the needs of the motorist,
where signs are viewed from a street or roadway.
C.
Restrict signs which constitute an actual or potential distraction
or other hazard to safe operation of motor vehicles or safe passage
of pedestrians.
D.
Eliminate unsightly and incongruous signs which tend to depreciate
or diminish private and public investments in buildings, sites and
highways or hinder or discourage the progressive improvement of residential,
business and industrial properties.
E.
Respect the unique qualities of the National Register Historic District
and conserve the attractiveness of the built environment of the City.
F.
Ensure that the architecture of all signs is harmonious in color,
form and proportion to the use or building on the property in which
it is located.
G.
Ensure that all temporary signs shall be limited to the giving of
information, and that such signs shall not hinder vehicular or pedestrian
traffic movement.
A.
General. The requirements of this code apply to all signs, sign structures, awnings, and other types of sign devices located within the City, except as specified in Subsection B, below.
B.
Signs and sign structures located in the City that cannot be seen
from a public roadway are not subject to the size, height, location
and number regulations listed herein. These signs must, however, comply
with safety and construction provisions contained within the Building
Code.
A.
Where there is a conflict between specific sign regulations and the
base or general sign regulations of this code, the specific sign regulations
supersede the base sign regulations.
B.
Other conflicts. Where there is a conflict between a land use regulation
and a structural regulation, or other conflicts not otherwise addressed
by this section, the most restrictive applies.
If any word, sentence, section, or any other provision or portion
of this code or rules adopted hereunder is invalidated by any court
of competent jurisdiction, the remaining words, sentences, sections,
provisions, or portions will not be affected and will continue in
full force and effect.
A.
Responsibility. The Sign Code will be administered and enforced by
the Department of Planning.
B.
Administration. The Director of Planning, or his designee, will administer
the code as set forth herein. The Director may implement procedures,
forms, and written policies for administering the provisions of this
code.
As used in this chapter, the following terms shall have the
meanings indicated:
A sign, also known as a sandwich board or chalkboard, made
of wood, cardboard, plastic, or other lightweight and rigid material
having the capability to stand on its own support(s) and being portable
and movable.
A sign that no longer identifies or advertises an ongoing
business, product, location, service, idea, or activity conducted
on the premises on which the sign is located. Abandonment shall be
governed by applicable state case law and statutory law on abandoned
structures.
A change in the size or shape of an existing sign. Copy or
color change of an existing sign is not an alteration. Changing or
replacing a sign face or panel is not an alteration.
A sign employing actual motion, the illusion of motion, or
light and/or color changes achieved through mechanical, electrical,
or electronic means. Animated signs are differentiated from changeable
signs as defined and regulated by this code.
An architectural projection or shelter projecting from, and
supported by, the exterior wall of a building and composed of a covering
of rigid or nonrigid materials and/or fabric on a supporting framework
that may be either permanent or retractable.
A sign displayed on or attached flat against the surface
or surfaces of an awning. See also "wall or fascia sign." An awning
that contains a "sign" section or copy area shall comply with the
applicable sign area requirements for parallel signs. Only the sign
or copy area displayed on an awning shall be used to determine the
permitted sign area; the entire awning shall not be included in a
sign area calculation.
A flexible substrate on which copy or graphics may be displayed.
A sign utilizing a banner as its display surface.
A permanent off-premises sign erected, maintained or used
in the outdoor environment for the purpose of providing copy area
for commercial or noncommercial messages.
That portion of any exterior elevation of a building extending
vertically from grade to the top of a parapet wall or eaves and horizontally
across the entire width of the building elevation.
A multisided overhead structure or architectural projection
supported by attachment to a building on one or more sides and either
cantilevered from such building or also supported by columns at additional
points. The surface(s) and/or soffit of an attached canopy may be
illuminated by means of internal or external sources of light (similar
to a marquee).
A multisided overhead structure supported by columns, but
not enclosed by walls. The surface(s) and/or soffit of a freestanding
canopy may be illuminated by means of internal or external sources
of light.
A sign affixed to the visible surface(s) of an attached or
freestanding canopy. It may be internally or externally illuminated
(similar to a marquee sign).
A sign with the capability of content change by means of
manual or remote input, which includes the following types:
MANUALLY ACTIVATEDChangeable sign whose message copy or content can be changed manually on a display surface.
ELECTRICALLY ACTIVATEDChangeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphanumeric or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also "electronic message center."
A dimensional letter with a back, sides and a translucent
front face capable of transmitting light from an internal light source
within the letter.
A dimensional letter with a back and sides but no face at
the front of the letter. Open-faced channel letters may be nonlit,
externally illuminated, or illuminated by a light source contained
inside the open channel of the letter itself, such as a neon tube.
A dimensional letter with a face and sides but no back, opposite
to an open-faced channel letter. A reverse channel letter has an open
channel facing the wall or building to which it is affixed. A reverse
channel letter may contain a source of illumination designed to project
lighting against the surface behind the letter, commonly referred
to as a "backlit channel letter"; also referenced as a "halo" or "silhouette-lighted
channel letter." The face of a reverse channel letter does not illuminate.
The graphic content or message of a sign.
The actual area of the sign copy as applied to any background. Copy area on any individual background may be expressed as the sum of the geometrically computed shape or shapes encompassing separate individual letters, words, or graphic elements on the background. See § 151-8 for computational methodology.
A letter, symbol, or graphic that is three-dimensional in
character, containing height, width, and depth.
Any sign that is designed and erected for the purpose of
providing direction and/or orientation for pedestrian or vehicular
traffic.
The amount of time a message and/or graphic is displayed
on an electronic message sign.
A mode of message transition on an electronic message sign
accomplished by varying the light intensity or pattern, in which the
first message gradually appears to dissipate and lose legibility with
the gradual appearance and legibility of the second message.
A sign with two faces, back to back.
An electronic message center frame effect in which the illusion
of motion and/or animation is used.
An electrically activated changeable sign whose variable
message and/or graphic presentation capability can be electronically
programmed by computer from a remote location. Electronic message
centers typically use light-emitting diodes (LEDs) as a lighting source.
(See also following terms principally associated with electronic message
centers: "display time," "dissolve," "dynamic frame effect," "fade,"
"frame," "scroll," "transition," and "travel."
Any sign placed outside a building.
See "illuminated sign."
A mode of message transition on an electronic message sign
accomplished by varying the light intensity, where the first message
gradually reduces intensity to the point of not being legible and
the subsequent message gradually increases intensity to the point
of legibility.
A set of letters, numerals, symbols, or shapes conforming
to a specific set of design criteria.
A complete, static display screen on an electronic message
sign.
A sign principally supported by one or more columns, poles, or braces placed in or upon the ground. May also be referenced as a "ground" or "monument" sign. Refer also to § 151-7 for visual reference examples.
The amount of light falling upon a real or imaginary surface,
commonly called "light level" or "illumination"; measured in footcandles
(lumens per square foot) in the English system, and lux (lumens per
square meter) in the SI (metric) system.
A sign characterized by the use of artificial light, either
projecting through its surface(s) (internally or transilluminated);
or reflecting off its surface(s) (externally illuminated).
Any sign placed within a building, but not including window
signs as defined by this chapter. Interior signs, with the exception
of window signs as defined, are not regulated by this chapter.
A sign manufactured and labeled in accordance with specifications
promulgated by a recognized testing laboratory designed to assure
compliance with applicable American National Standards Institute (ANSI)
and/or the National Electrical Code (NEC).
A roof-like facade comparable to an exterior building wall.
See "canopy sign."
A sign containing three or more faces.
A sign that was legally installed by permit in conformance
with all municipal sign regulations and ordinances in effect at the
time of its installation, but which may no longer comply with subsequently
enacted laws and ordinances having jurisdiction relative to the sign.
A continued and lawful use of property, including a sign
or signs lawfully installed in accordance with laws or ordinances
prevailing at the time of installation.
A sign erected, maintained or used in the outdoor environment
for the purpose of the display of messages appurtenant to the use
of, products sold on, or the sale or lease of, the property on which
it is displayed.
A permanent sign erected, maintained or used in the outdoor
environment for the purpose of the display of commercial or noncommercial
messages not appurtenant to the use of, products sold on, or the sale
or lease of, the property on which it is displayed; may also be referenced
as an "off-premises sign," "billboard," or "commercial outdoor advertising
sign."
The extension of a building facade above the line of the
structural roof.
A temporary sign intended to advance a political statement,
cause, or candidate for office.
Any sign not permanently attached to the ground or a building
that can be removed without the use of tools.
A sign other than a wall sign that is attached to or projects
more than 18 inches from a building face or wall or from a structure
whose primary purpose is other than the support of a sign.
A temporary sign advertising the sale, lease, or rental of
the property or premises upon which it is located.
The uppermost line of the roof of a building or, in the case
of an extended facade or parapet, the uppermost point of said facade
or parapet.
A sign mounted on the main roof portion of a building or on the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such building. Signs mounted on mansard facades, pent eaves, and architectural projections such as canopies or marquees shall not be considered to be roof signs. Refer also to § 151-9 for visual reference examples of roof signs, and comparison of differences between roof and fascia signs.
A mode of message transition on an electronic message sign
in which the message appears to move vertically across the display
surface.
Any device visible from a public place whose essential purpose
and design is to convey either commercial or noncommercial messages
by means of graphic presentation of alphanumeric or pictorial symbols
or representations. Noncommercial flags or any other flags displayed
from flagpoles or staffs will not be considered to be signs.
The area of the smallest geometric figure, or the sum of the combination of regular geometric figures which comprise the sign face. The area of any doublesided or "V" shaped sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple-sided signs shall be computed as 50% of the sum of the area of all faces of the sign. See § 151-8 for computational methodology for various sign area configurations.
The letters, numerals, figures, symbols, logos and graphic
elements comprising the content or message of a sign, exclusive of
numerals identifying a street address only.
The surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural thematic or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border. Refer to § 151-8 for sign face computational illustrations.
In the case of panel or cabinet type signs, the sign face shall
include the entire area of the sign panel, cabinet or face substrate
upon which the sign copy is displayed or illustrated, but not open
space between separate panels or cabinets.
In the case of signs painted on a building, or individual letters
or graphic elements affixed to a building or structure, the sign face
shall comprise the sum of the geometric figures or combination of
regular geometric figures drawn closest to the edge of the letters
or separate graphic elements comprising the sign copy, but not the
open space between separate groupings of sign copy on the same building
or structure.
In the case of sign copy enclosed within a painted or illuminated
border, or displayed on a background contrasting in color with the
color of the building or structure, the sign face shall comprise the
area within the contrasting background, or within the painted or illuminated
border.
The ground area legally designated as a lot, which may be
categorized as a permanent parcel (a lot of record), multiple lots
of record, or a portion of a lot of record.
A temporary sign pertaining to any civic, patriotic, or special
event of general public interest.
A sign intended to display either commercial or noncommercial
messages of a transitory or temporary nature. Portable signs or any
sign not permanently embedded in the ground, or not permanently affixed
to a building or sign structure that is permanently embedded in the
ground, are considered temporary signs.
A visual effect used on an electronic message sign to change
from one message to another.
A mode of message transition on an electronic message sign
in which the message appears to move horizontally across the display
surface.
A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches from the building or structure wall; also includes signs affixed to architectural projections that project from a building, provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. Refer also to § 151-9 for visual reference examples, and comparison examples of differences between wall or fascia signs and roof signs.
A sign, frequently off-premises, specifically designed to
provide directional or destination information.
A sign affixed to the surface of a window with its message
intended to be visible to the exterior environment.
(See graphic: Exhibit No. 1.)[1]
[1]
Editor's Note: Exhibit No. 1 is included as an attachment to this chapter.
(See graphic: Exhibit Nos. 2 and 3.)[1]
[1]
Editor's Note: Exhibit Nos. 2 and 3 are included as an attachment to this chapter.
See graphic: Exhibit No. 4.[1]
[1]
Editor's Note: Exhibit No. 4 is included as an attachment to this chapter.
The following are exempt from the regulations of this code and
do not require a sign permit, but may be subject to other codes enacted
by the City where applicable:
A.
Signs which are not visible from a public roadway; however, these
signs must comply with any building and construction provisions enacted
by the City;
B.
Signs inside a building;
C.
Signs carved into a building, on the ground at the entrance to a
building, or raised in integral relief on a building;
D.
Signs required by federal or state law;
E.
Flags of a political subdivision;
F.
Historic markers or signs erected by or at the direction of the City;
G.
Signs required by the City;
H.
Painted and/or applied wall accents and decorations that do not advertise
the business;
I.
Illuminated building accents and decorations;
J.
Public art, including permitted original art murals;
K.
Name and address: up to two signs indicating address, number and/or
name of occupants of the premises, which do not exceed two square
feet in area per side, and do not include any commercial advertising
or other identification;
L.
Decals: decals and/or logos affixed to windows or door glass panels,
such as those indicating membership in a business group or identifying
credit cards accepted at the establishment;
M.
Handicapped parking space: signs not exceeding two square feet in
area reserving parking for handicapped individuals;
N.
Private drive signs: On-premises private drive signs are limited
to one per driveway entrance, not exceeding two square feet in area;
O.
Public signs: Signs erected by order of the Mayor or City Council
or other government agencies or utilities, including traffic, utility,
safety, railroad crossing and identification signs for public facilities
and any signs erected by the City.
P.
Security and warning signs: On-premises signs regulating the use
of the premises, such as "no trespassing," "no hunting" and "no soliciting"
signs that do not exceed one sign two square feet in area in residential
areas and one sign five square feet in area in commercial and industrial
zones. These limitations shall not apply to the posting of conventional
"no trespassing" signs in accordance with state law.
The following signs are prohibited:
A.
Signs containing strobe lights or that project images onto the ground
or wall.
B.
All off-premises signs, billboards, or commercial outdoor advertising
signs.
C.
Abandoned sign structures, as defined by this code. Where a business
has ceased operation, any sign associated with the closed business
must be removed within six months. The Director of Planning may grant
a one-time six-month extension upon written request by the owner of
the property where the sign is located.
D.
Signs placed on or painted on a motor vehicle or trailer parked with
the primary purpose of providing signage not otherwise allowed by
the code. Any sign displayed on a parked trailer or truck or other
vehicle where the primary purpose of the vehicle is to advertise a
product, service, business, or other activity is strictly prohibited.
This regulation shall permit the use of business logos, identification
or advertising on vehicles primarily and actively used for business
purposes and/or personal transportation. On-site vehicles that display
advertising, such as vintage automobiles, that are typically stationary
and are incorporated into the design of a project that are generally
intended as branding or art to enhance the aesthetics of the project
shall be permitted.
E.
Mechanically moving signs: an environmentally activated sign or other
display with actual mechanical motion powered by natural, manual,
mechanical, electrical or other means, including but not limited to
pennant strings, streamers, spinners, propellers, and search lights.
F.
Inflatable signs and other permanent objects: Signs and other objects
which are inflated, including, but not limited to, balloons. Balloons
may be permitted in temporary commercial situations, such as special
events. In no case shall inflatable signs be permitted to be displayed
for longer than five days.
G.
Posters and handbills: any signs affixed to any structures, trees
or other natural vegetation, rocks or poles.
H.
Roof signs, except for those permitted by this chapter.
I.
Simulated traffic signs and obstructions: any sign which may be confused
with, or obstruct the view of, any authorized traffic sign or signal,
obstruct the sight-distance triangle at any road intersection or extend
into the public right-of-way.
J.
A-frame/wheeled signs. Any portable A-frame or similar portable sign
is prohibited except as described under "Temporary signs" below.
K.
Signs adversely affecting safety: signs which prevent free ingress
or egress from any door, window, fire escape, or that prevent free
access from one part of a roof to any other part. No sign other than
a safety sign shall be attached to a standpipe or fire escape.
L.
Sign emissions. No sign which emits smoke, visible vapors, particles,
sound or odor shall be permitted. Open flames used to attract public
attention to a place of business or to an advertising sign shall not
be permitted.
A.
Sign cabinets. The area of sign faces enclosed in frames or cabinets
is determined based on the outer dimensions of the frame or cabinet.
B.
Double-sided signs. Only one side of a double-sided sign is counted
in determining the area of sign faces. Where the two sides are not
of equal size, the larger of the two sides is used for the determination
of sign area. The area of multiple-faced signs in which the interior
angle formed by the faces is greater than 91° shall be expressed
as the sum of the areas of all the faces, except for multiple-faced
signs containing faces that are configured back to back, in which
case the area of the faces configured back to back will be calculated
according to the rule for double-faced signs.
C.
Round, oval and irregularly shaped signs: to be measured based on
the appropriate mathematical formula to obtain the sign area for a
circle, an oval or irregularly shaped sign.
D.
Calculating sign area:
(1)
Signs containing integral background areas: The area of a sign containing
a clearly defined background area shall be calculated based on the
area of the smallest standard geometric shape or combination of geometric
shapes capable of encompassing the perimeter of the background area
of the sign. In the case of signs in which multiple background areas
are separated by open space, sign area shall be calculated based on
the sum of the areas of all separate background areas, calculated
as referenced above, but without regard for any open space between
the separate background areas.
(2)
Signs without integral background areas: In instances in which a
sign consists of individual elements such as letters, symbols, or
other graphic objects or representations that are painted, attached
to, or otherwise affixed to a surface such as a wall, window, canopy,
awning, architectural projection, or to any surface not specifically
designed to serve as a sign background, the sign area shall be based
on the sum of the individual areas of the smallest geometric shape
or combination of geometric shapes capable of encompassing the perimeters
of the individual elements comprising the sign.
E.
Awnings and marquees. When graphics or sign copy is incorporated
into an awning, the sign area is determined by computing the area
of a standard imaginary geometric shape or combination of shapes drawn
around the sign copy area or graphics. When the ends of awnings or
marquees are parallel and contain graphics or sign copy, only one
side is counted in addition to the sign face area on the front.
A.
The overall height of a freestanding sign or sign structure is measured
from the lowest point of the ground directly below the sign to the
highest point of the freestanding sign or sign structure.
B.
Exception: Where a freestanding sign or sign structure is mounted
along a roadway that has a higher grade level as compared to the grade
level directly below the freestanding sign or sign structure, then
the freestanding sign or structure's height will be measured from
the roadway grade level to the highest point of the freestanding sign
or sign structure. See Figure A. (See graphic: Exhibit No. 5.[1])
[1]
Editor's Note: Exhibit No. 5 is included as an attachment to this chapter.
A.
General standards: standards for permanent on-premises signs in the
residential zoning districts. For the purposes of this chapter, residential
zoning districts shall include R, R1 and R2.
B.
Residential properties. All single-family residential properties
that are located in residential zoning districts are permitted signs
not to exceed eight square feet in total sign area per road frontage.
Corner lots and lots with frontage on more than one street are entitled
to eight square feet per frontage. This sign area allowance covers
but is not limited to: address signs, home occupation signs, lawn
signs, real estate signs, contractor signs, and political signs. Signs
may be mounted to a permanent building structure or displayed in a
window. Trees, rocks or other naturally occurring landscape features
may not be used to support a residential sign.
C.
Subdivisions, apartments, multifamily dwellings and condominium complexes
are permitted a freestanding sign not to exceed 36 square feet, and
further provided that one such sign shall be permitted for each separate
street and/or separate building frontage occupied by the subdivision,
apartment, or condominium complex and/or for each means of entrance
to or exit from the subdivision, apartment, or condominium complex.
Wall signs are also permitted and shall not exceed 5% of the area
of the facade in elevation view upon which they are placed.
D.
For properties located in a residential zoning district as described in Subsection C above, other directional, incidental and/or accessory signs are also permitted, to be located within the subdivision, complex or multifamily residential development. Such directional, incidental and/or accessory signs shall not exceed six square feet in sign area and eight feet in height (if freestanding).
E.
Other permitted nonresidential uses in a residential zoning district
are allowed a freestanding sign not to exceed 16 square feet, and
further provided that one such sign shall be permitted for each separate
street and/or separate building frontage occupied by the permitted
use, and for each means of entrance to or exit from the permitted
use. Wall signs are also permitted not to exceed 5% of the area of
the facade in elevation view upon which they are placed.
F.
Electronic message centers, animated signs and roof signs are prohibited
on properties within a residential zoning district.
A.
Any signs permitted in a residential zoning district that relate
to a use permitted in the RO/Residential Office District shall be
permitted.
B.
Freestanding signs for an office, office development or professional
building, including a directory of tenants engaged in professional
and/or commercial activity on the premises: the area of any such sign
shall not exceed 24 square feet.
C.
Freestanding signs for permitted uses within the zone other than
an office or professional building are permitted, provided that the
area of any such sign shall not exceed 16 square feet.
D.
Unless otherwise regulated by specific reference herein, freestanding
signs shall be limited to a height above the grade level on which
they are placed of six feet to the top of the sign.
E.
Electronic message centers, animated signs, projecting signs and
roof signs are not permitted in the RO/Residential Office District.
General standards and sign features: The standards for permanent
signs in the C/Commercial District and RB/Residential Business District
are as follows. All such signs must conform to the regulations of
this section.
A.
Any signs permitted in a residential zone or the RO/Residential Office
District are permitted in the C/Commercial District and RB/Residential
Business District.
B.
Signs in the C/Commercial District and RB/Residential Business District
are regulated by reference to types noted below.
(1)
Freestanding signs:
(a)
Freestanding signs shall be limited to one per property held
in single and separate ownership. If a property has frontage that
exceeds 300 lineal feet on any given roadway, one additional such
sign on such frontage shall be permitted.
(b)
Unless otherwise regulated by specific reference herein, the
area and height above grade of any freestanding sign shall not exceed
32 square feet and six feet in height in the RB District and 10 feet
in height in the C District.
(c)
In the case of a property designated as a shopping center or
planned industrial park, additional freestanding signs shall be permitted
for each vehicular entrance to the property or an individual lot.
Additional signs shall not exceed 16 square feet.
(d)
Electronic message centers are not permitted in the RB/Residential
Business District.
(2)
Building signs:
(a)
Building signs include wall or fascia signs, roof signs, and
signs otherwise permanently applied to walls or other building surfaces.
(b)
The total area of all parallel wall signs attached to buildings
within the C/Commercial District and RB/Residential Building District
shall not exceed two square feet per each linear foot of building
width, measured along the front wall or entrance wall of a building.
If a building is located on a lot having frontage on two streets,
then the sign area for each side shall be calculated separately.
(c)
In the case of a shopping center or a group of stores or other
business uses on a lot held in single and separate ownership, the
provisions of this section relating to the total area of signs permitted
on a premises shall apply with respect to each building, separate
store, separate storefront, or separate use. Only wall signs shall
be permitted for individual establishments in a shopping center or
on a property with more than one use, entity or business (multi-use
or multi-tenant properties; these properties may also have one freestanding
sign per street frontage).
(3)
Roof signs, special considerations:
(a)
Roof signs are permitted by special exception in the RB/Residential
Business District and are in lieu of a building or wall sign. The
height of any roof sign above the highest architectural point of the
building to which it is mounted shall not exceed the percentage of
the vertical dimension of the building facade parallel to the sign
by 25%. The sign area of a roof sign shall not exceed 20% of the area
of the building elevation facade to which the sign faces.
(b)
The area calculation for any roof sign whose orientation on
a roof may be other than parallel to an individual building facade
shall be computed with reference to the building facade that most
closely parallels the orientation of such sign.
(4)
Canopy signs (Also marquee signs and signs on architectural projections),
special considerations:
(a)
Canopy signs, marquee signs and signs on architectural projections
are signs that are mounted to either structures that project off the
face of the building more than 18 inches or signs that are mounted
to a freestanding structure not attached to a building that creates
a canopy or covering over an area below.
(b)
Signs affixed or applied in an essentially flat plane to the
face of a building or freestanding canopy, marquee, or architectural
projection are permitted, provided that the copy area of any such
sign, as defined herein, does not exceed an area equal to 40% of the
product of the height and length of the face area of the canopy, marquee,
or architectural projection to which such sign is affixed or applied,
or 15% of the building facade to which it is attached, whichever is
greater.
(c)
Graphic treatment in the form of striping or patterns shall
be permitted on the face of any building or freestanding canopy, marquee,
or architectural projection without restriction, and the area of any
such graphic treatment shall not be calculated as a component of the
permitted copy area.
(5)
Awning signs.
(a)
Graphics affixed or applied to the face or side surfaces of
an awning or backlit awning are permitted, provided that the copy
area of any such sign copy or graphic, as defined herein, does not
exceed 15% of the area to which the awning is attached.
(b)
Graphic treatment and/or embellishment in the form of striping,
patterns, or valances shall be permitted on the face or side surfaces
of any awning or backlit awning without restriction, and the area
of any such graphic treatment and/or embellishment shall not be calculated
as a component of the permitted copy area.
(6)
Projecting signs: permitted in the RB/Residential Business District
only.
(a)
Projecting signs shall be limited to one per building facade
on which any such sign is mounted except for a use that fronts on
more than one street, in which case, one such sign shall be permitted
per facade for each separate street frontage. In the case of a building
in which any individual facade exceeds 200 lineal feet, one such sign
shall be permitted for each 200 lineal feet of such facade or multiple
thereof on each separate street on which such facade fronts.
(b)
The area of any projecting sign shall not exceed one square
foot per every two lineal feet of the building facade on which such
sign is mounted, except that no such sign shall be larger in area
than 100 square feet.
(c)
No projecting sign shall extend in a vertical dimension above
the highest architectural point of the facade to which it is mounted
in excess of 25% of the vertical dimension of the facade itself.
(d)
Projecting signs extending over a public sidewalk shall be limited
to a projection distance not to exceed 2/3 the width of the sidewalk.
Any sign that will overhang a City right-of-way will be required to
obtain a lease agreement from the Mayor and City Council.
(e)
Projecting signs shall not be permitted in addition to any permitted
freestanding signs on any given property frontage, except that, in
the case in which a premises is permitted either freestanding or projecting
signs on any one frontage, projecting signs may be substituted for
any of the permitted freestanding signs on such frontage, provided
that the requirements herein specifically relating to size, height,
and extension of projecting signs are met.
Signage in the MOE District shall be regulated in accordance with the requirements of § 205-35G of the City Code.
A.
Where these regulations apply. These regulations apply to all signs
regulated by this code.
B.
Sign placement.
(1)
All signs and sign structures must be erected and attached totally
on or within the site or property to which they refer, behind any
applicable legal right-of-way, unless otherwise permitted by the Mayor
and City Council.
(2)
Where the Mayor and City Council permit a freestanding sign to be
partially or fully within the right-of-way, the sign shall comply
with all size and height requirements for the adjacent zoning district
associated with the use that the sign advertises.
C.
Signs extending into right-of-way permitted with issuance of lease
agreement from Mayor and City Council.
(1)
Projecting signs: in the RB/Residential Business District along Washington
Street and St. John Street, projecting over a public sidewalk.
(2)
Awnings and marquees: in the RB/Residential Business District along
Washington Street and St. John Street, projecting over a public sidewalk.
(3)
A-frame signs. A-frame signs may be used in the RB/Residential Business
District along Washington Street and St. John Street if they meet
the following standards:
D.
Removal of signs. The Director of Public Works may require signs
extending into the right-of-way to be modified or moved if streets
are widened or other improvements are made in the right-of-way which
result in the creation of unsafe conditions. The modification or moving
will be at the owner's expense. If a nonconforming sign is moved under
this requirement, it may be re-erected on the site without being brought
into conformance.
E.
Freestanding signs. Freestanding signs may not extend into the right-of-way
without approval by the Mayor and City Council and the execution of
a lease agreement.
G.
Projecting signs.
(1)
Placement: Projecting signs are not allowed on rooftops or on pitched
roofs. Projecting signs may not extend over a right-of-way unless
they are located in the RB/Residential Business District along Washington
Street and St. John Street.
H.
Directional signs.
(1)
General standards: Directional signs that meet the standards of this
subsection are allowed in all zones and are not counted in the total
square footage of permanent signage allowed on any property or site.
(2)
Size: Freestanding directional signs may be up to six square feet
in area and six feet in height. Fascia directional signs may be up
to 16 square feet in area.
(3)
Directional signs in any zone may have internal or external illumination.
I.
Permanent banners.
(1)
General: Banners used as permanent signs are allowed in the C/Commercial
District and will be included in the total square footage of permanent
signage allowed on the site.
(2)
Standards: Permanent banners are subject to the standards for either
fascia signs or projecting signs, depending on how the banner is supported
or anchored.
(3)
Banners not maintained in good condition shall be required to be
removed by order of the Director of Planning.
J.
Temporary signs.
(1)
Signs that meet the standards of this subsection are exempt from
the permit requirement for permanent signs and are not counted in
the total square footage of signage allowed on any particular property
or site. Signs that do not meet the standards of this subsection are
subject to the standards for permanent signs.
[Amended 4-18-2022 by Ord. No. 1068]
(2)
Temporary signs may not have external or internal illumination.
[Amended 4-18-2022 by Ord. No. 1068]
(3)
Temporary banners. Temporary banners are subject to the following
regulations:
(a)
In all residential zones, temporary banners are not permitted
on sites with residential uses. Exception: banners for holidays, religious
commemoration, and special family events.
(b)
In the C/Commercial and RB/Residential Business Districts, one
banner no larger than 32 square feet in size is permitted per property
or, on a multi-use property, per storefront. Only one of these banners
may be hung on each building wall or on each separate structure. Any
additional banners, or banners larger than 32 square feet in size,
must meet the following standards for permanent signs in this code.
[1]
In no case may a site or storefront have more than two temporary
banners.
[2]
In no case shall a temporary banner be larger than 50 square
feet in size.
[3]
A temporary banner may be displayed no longer than 90 days per
calendar year upon notification of the Department of Planning of the
placement of the sign.
[4]
Banners that do not meet the regulations of this subsection
must meet the standards for permanent signs.
(4)
Temporary wall or fascia signs. One temporary wall sign is allowed
per street frontage in the C/Commercial and RB/Residential Business
Districts. Temporary wall signs may be up to 32 square feet in area.
Temporary wall signs may not extend above roof lines. Extensions into
the right-of-way are prohibited. A temporary wall sign may be displayed
no longer than 90 days per calendar year.
(5)
Temporary freestanding or portable signs. One temporary freestanding
sign is allowed per property in the C/Commercial District and is not
counted in the total square footage of permanent signage allowed on
the site. Temporary freestanding signs may be up to 32 square feet
in area. Extensions into the right-of-way are prohibited. A temporary
freestanding sign may be displayed no longer than 90 days per calendar
year.
(6)
Temporary signs are prohibited within all State Highway Administration
(SHA) rights-of-way except for Union Avenue when permitted by the
Mayor and City Council.
(7)
Temporary signs are permitted within a City right-of-way on the following
conditions.
[Amended 4-18-2022 by Ord. No. 1068]
(a)
Temporary signs shall not exceed eight square feet.
(b)
Temporary signs placed in the City right-of-way adjacent to
a sidewalk shall not be located in the parkway strip between the sidewalk
and curb or street. If no sidewalk is located in the City right-of-way,
the temporary sign shall be placed no less than 15 feet from the curb
or street.
(c)
The entity, or person in charge of placement of a temporary
sign shall first obtain the permission of the immediate property owner
or occupant adjacent to the City right-of-way where the sign is to
be located.
(d)
Temporary signs shall not be placed in the City rights-of-way
more than 45 days prior to any event or election date.
(e)
All temporary signs shall be removed no later than seven days
after the event or election date.
(f)
In no event shall temporary signs remain on a City right-of-way
for more than 90 days in a calendar year.
(g)
This subsection shall take effect on August 1, 2022.
A.
In the C/Commercial District, electronic message centers are permitted
with a maximum sign area of 16 square feet. The Board of Appeals may
approve an electronic message center up to 24 square feet as a special
exception.
B.
Additional general electronic message center regulations:
(1)
One electronic message center is permitted per property. Where a
shopping center or industrial park has been subdivided, only one is
permitted.
(2)
An electronic message center sign may be a portion of a building
sign or freestanding sign, or may comprise the entire sign area.
(3)
All electronic message center signs shall have automatic dimming controls, either by photocell (hardwired) or via software settings, in order to bring the electronic message center lighting level at night into compliance with § 151-22 of this code, Sign illumination standards.
(4)
Electronic message center signs shall have a minimum display time
of eight seconds. The transition time between messages and/or message
frames is limited to three seconds, and these transitions may employ
fade, dissolve, and or other transition effects.
(5)
The following electronic message center display features and functions
are prohibited: continuous scrolling and/or traveling, flashing, spinning,
rotating, and similar moving effects, and all dynamic frame effects
or patterns of illusionary movement or simulating movement.
(6)
Full-motion video or film display via an electronic file imported
into the electronic message center software or streamed in real time
into the sign is prohibited.
(7)
Temporary or portable electronic message centers are not permitted.
Signs may be illuminated consistent with the following standards:
A.
A sign in any district may be illuminated at night. Electronic message
centers shall not be operational between the hours of 10:00 p.m. and
6:00 a.m.
B.
Signs that have external illumination, whether the lighting is mounted
above or below the sign face or panel, shall have lighting fixtures
or luminaires that are fully shielded.
C.
The light from any illuminated sign or from any light source, including
interior of a building, shall be so shaded, shielded or directed that
the light intensity or brightness shall not adversely affect surrounding
or facing premises nor adversely affect safe vision of operators of
vehicles moving on public or private roads, highways, or parking areas.
Light shall not shine or reflect on, or into, residential structures.
Illumination projected onto a sign must be confined as completely
as possible to the face of the sign.
D.
On-premises signs do not constitute a form of outdoor lighting at
night and are exempt from any other outdoor lighting regulations that
the City has adopted or will adopt in the future.
A.
Nonconforming permanent signs may continue to exist after passage
of this code. Nonconforming signs that are removed for any reason
cannot be replaced. All new signs shall be permitted in accordance
with the provisions of this chapter.
B.
Permanent signs and sign structures that are moved, removed, replaced,
or structurally altered must be brought into conformance with the
sign regulations. However, nonconforming signs required to be moved
because of public right-of-way improvements may be re-established.
Removable faces or sign panel inserts in a cabinet-style sign may
also be changed by right, and such change does not constitute a structural
alteration nor trigger loss of nonconforming status.
C.
Nonconforming temporary signs must be removed within two months of
the passage of this code.
D.
Ownership. The status of a nonconforming sign is not affected by
changes in ownership.
E.
Once a sign is altered to conform or is replaced with a conforming
sign, the nonconforming rights for that sign are lost and a nonconforming
sign may not be re-established.
F.
Loss of nonconforming sign status.
(1)
Discontinuance: see definition of "abandoned sign."
(2)
Destruction. When a sign or sign structure is removed or intentionally
destroyed, replacement signs and sign structures must comply with
the current standards. However:
(a)
Repair and maintenance. A nonconforming sign or sign structure
may be removed temporarily to perform sign maintenance or sign repair.
(b)
Unintentional destruction. When a sign or sign structure that
has nonconforming elements is partially or totally damaged by fire
or other causes beyond the control of the owner, the sign and sign
structure may be rebuilt to the same size and height using the same
materials.
A.
Structural standards.
(1)
Signs, sign structures, sign foundations and methods to attach and
anchor signs must be designed and constructed in accordance with applicable
provisions of the Building Code adopted by the City. All signs and
their foundations and attachments must be designed for the appropriate
dead, wind and snow loads for the geographic area in question.
(2)
The supports and foundations used in construction for all signs and
sign structures must be located outside of any rights-of-way, unless
permitted by the Mayor and City Council.
B.
Engineering standards.
(1)
Signs, sign structures, sign foundations and anchorages to a building
must be individually designed in accordance with the Building Code
and the provisions of this Sign Code.
(2)
When the Building Code of the City, or any building code enacted
after passage of this Sign Code, calls for sealed sign design construction
plans to be submitted as a part of any sign permit application, this
requirement is not compulsory as it relates to on-premises signs regulated
under this Sign Code.
(3)
The instances when sealed plans by a licensed engineer are required
and when they are not required will be determined by specific criteria
and procedures established by the City and administered by the Code
Official on a case-by-case basis.
C.
Clearances.
(1)
Vision clearance areas. Vision clearance areas are triangular-shaped
areas located at the intersection of any combination of rights-of-way,
lanes, alleys or driveways. The sides of the triangle extend 30 feet
from the intersection of the right-of-way, lane, alley or driveway
in either/each direction. No sign may be installed within this clear-sight
triangle.
(2)
Vehicle area clearances. In areas outside of rights-of-way, when
a sign or awning extends over an area in which vehicles travel or
are parked, the bottom of the structure must be at least 14 feet above
the ground. Vehicle areas include driveways, lanes, alleys, parking
areas, and loading and maneuvering areas.
(3)
Pedestrian area clearances. When a sign or awning extends more than
12 inches over a sidewalk, walkway, or other space used by pedestrians,
the bottom of the structure must be at least eight feet above the
ground.
(4)
Clearances from fire escapes, means of egress or standpipes. Signs,
sign structures and awnings are prohibited from being erected in any
manner that interferes in any way with the free use of any fire escape,
means of egress or standpipe. Attaching signs, sign structures or
awnings to a fire escape is prohibited.
(5)
Obstruction of windows and ventilation. Signs, sign structures and
awnings are prohibited from being installed in any way that obstructs
any building openings to such an extent that light, ventilation or
exhaust are reduced to a level below that required by either the Building
Code, plumbing regulations, heating and ventilating regulations or
housing and maintenance regulations.
A.
Signs, sign structures and awnings, together with their supports,
braces, guys, anchors and electrical components, must be maintained
in a proper state of repair. The Director of Planning or Building
Code Official may order the removal of any sign, sign structure or
awning that is not maintained in accordance to this code.
B.
Dangerous structures and equipment.
(1)
Signs, sign structures or awnings that are dangerous must be taken
down and removed or made safe as the Director of Planning or Building
Official deems necessary. Signs may be deemed dangerous for one or
more of the following reasons:
(a)
Whenever a sign structure or its foundation, a sign's attachments
to a building, or a building to which a sign is attached is damaged
by fire, earthquake, wind, flood or by any other cause to such an
extent that the structural strength or stability is materially less
than it was before the catastrophe and is less than the minimum requirements
of the Building Code;
(b)
Whenever any portion or member of a sign, sign structure or
awning is likely to fail, or become detached or dislodged, or to collapse
and thereby injure persons or property;
(c)
Whenever any portion or member of a sign, sign structure or
awning is likely to partially or completely collapse as a result of
any cause, including dilapidation, deterioration, or decay; faulty
construction or wiring; or removal, movement or instability of any
portion of the ground or building necessary for supporting such structure;
(d)
Whenever a sign, sign structure or awning is structurally or
electrically unsafe or otherwise hazardous to human life or safety
by reason of inadequate maintenance, dilapidation, obsolescence, fire
hazard, disaster, damage or abandonment.
(2)
All signs, sign structures and awnings determined after inspection
by the Director of Planning or Building Official to be dangerous must
be abated by repair, rehabilitation, demolition or removal.
A.
Permits required.
(1)
It shall be unlawful to erect, re-erect, construct, place, replace or alter any sign unless a permit has been issued and fees paid to the City, except for signs that are expressly listed under the exemptions in § 151-10 of this chapter.
(2)
Application. Application for a sign permit shall be signed by the
property owner or authorized agent. The application shall require
the name and address of the sign owner or the sign erector, drawings
showing the copy design, dimensions, height and location of the sign
and such other pertinent information as the Department of Planning
may require to ensure compliance with the laws of the City. Whenever
an application for a sign permit is filed for the erection of a sign
on property designated within the National Register Historic District,
the application shall be subject to review and comment by the Historic
Preservation Commission and the Department.
(3)
Permit fees for signs shall be established by the Mayor and City
Council.
A.
Upon completion of the erection or placement of a sign, the property
owner shall contact the Department of Planning to schedule a final
inspection of the sign to ensure the sign was erected or placed in
accordance with the sign permit and any applicable building code.
B.
The Director of Planning, or their designee, is authorized to enter
any property for the purposes of inspecting any sign erected on a
property:
(1)
To inspect, observe, measure, or investigate the property in connection
with the review of a permit application;
(2)
To inspect reported conditions of an existing sign;
(3)
To perform periodic inspections required by any provision of this
chapter;
(4)
To assess compliance with any permit, license, lease, or approval;
(5)
To make an inspection or to otherwise enforce any provision of this
chapter or any ordinance of the City;
(6)
When cause exists to believe that a violation of this chapter or
any City ordinance was or is being committed.
C.
Manner of entry.
(1)
If the building or property to be inspected is occupied, the Director
of Planning or their designee shall present City credentials, including
photo identification, to the owner or person responsible for the building
or property, state the reason for the inspection, and request entry.
(2)
If the building or property to be inspected is unoccupied, the inspector
shall make a reasonable effort to locate the owner or other person
having charge or control of the building or property and request entry.
(3)
Consent to enter buildings or property may be obtained by any means,
including but not limited to written, facsimile, telephonic, or in-person
consent. In addition, a property owner's application for any sign
permit, license, lease, or approval shall be deemed to be consent
for City officials and employees to enter the building or property
to perform any necessary inspections or other actions required to
review and process the application. The owner's or occupant's failure
to consent to entry or to arrange a mutually convenient time for entry
shall be grounds for the City to deny the application for the permit,
license, lease, or approval.
(4)
If entry is refused or if the inspector is unable to obtain consent,
the City shall have recourse to every remedy provided by law to secure
entry, including but not limited to application to any court of competent
jurisdiction for an administrative search warrant or other remedy.
(5)
Nothing in this section requires an inspector to obtain the property
owner's consent:
(a)
To an inspection that is conducted while the inspector remains
on adjacent public property, such as a public right-of-way, or on
other adjacent property for which consent to entry has been obtained;
or
(b)
To enter property in which the City has a written easement for
purposes authorized in the easement instrument.
Any person convicted of committing any unlawful act as provided
in this chapter shall be guilty of a misdemeanor. If any unlawful
act is continuing, then each day during which such violation continues
shall be considered a separate offense. In addition to any criminal
penalty which may be imposed, all the provisions of this chapter may
be enforced by petition for injunction filed on behalf of the Mayor
and City Council of Havre de Grace.
A property owner may request a variance to the Sign Code to
provide relief when the strict enforcement of the regulations for
sign size, setbacks, height, and the like imposes practical difficulty
or denies the property owner the reasonable advertisement of their
business. The Board of Appeals has the authority to grant variances
from the requirements of this chapter. A property owner may seek a
variance to the requirements of this chapter by filing an application
with the Department of Planning in accordance with the City Code and
standards established by the Department. The Board of Appeals must
make the following findings in order to grant a sign variance:
A.
The applicant has established that there are practical difficulties
in complying with this chapter due to unusual conditions posed by
a specific building or lot.
B.
The sign would not create a hazard.
C.
The sign would not adversely affect residential property through
excessive glare and lighting.
D.
The sign would be in keeping with the general character of the surrounding
area.
E.
The variance is in harmony with the general purposes and intent of
the Zoning Code.
F.
The hardship is due to circumstances unique to the property that
have not been created by the landowner.
