[HISTORY: Adopted by the Mayor and Council
of the City of Hagerstown 1-12-1999 by Ord. No. 1999-1[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Auctions and special sales — See Ch. 52.
Building construction — See Ch. 64.
Land management — See Ch. 140.
[1]
Editor's Note: This ordinance also repealed former Ch. 204,
Signs, adopted as Ch. 34, §§ 34-4 and 34-5, of the
1967 Code, as amended.
This chapter shall hereinafter be known and
cited as the "Sign Ordinance."
A.
There is a significant relationship between the manner
in which signs are displayed and the public safety and the value and
economic stability of enjoining property. The reasonable display of
signs is necessary as a public service and necessary in order to conduct
competitive commerce and industry.
B.
The purpose of this chapter is to establish minimum
standards for signs within the City of Hagerstown to further traffic
safety, to encourage the effective use of signs as a means of communication,
to maintain and enhance the aesthetic environment and the City's ability
to attract sources of economic development and growth, to minimize
the possible adverse effects of signs on nearby public and private
property and to enable the fair and consistent enforcement of this
chapter.
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:
A freestanding outdoor advertising structure.
The surface of any sign upon, against, or through which the
message is displayed or illustrated on said sign.
Any structure not permanently affixed or attached to a building
or other permanent improvement.
Any piece or parcel of land or a portion of a subdivision
that is recorded in the land records of Washington County, Maryland.
Any sign, billboard or other structure which is not located
on the premises that it identifies or advertises. Any sign, billboard
or other structure which displays multiple messages and includes at
least one message which identifies or advertises anything off of the
premises upon which the said sign is located.
Any building or structure which contains a sign, poster,
panel, billboard, painted or electronic bulletin, or any other structure,
device or surface display which advertises a business, profession,
commodity, service or entertainment or event, or displays any other
message conducted, sold or offered elsewhere than on the premises
where the outdoor advertising structure is located.
Any sign not permanently affixed to the ground.
Any structure, display or device that is arranged, intended,
designed or used as an advertisement, announcement, identifier, description,
or direction to attract the public's attention.
It shall be unlawful for any person to erect
and thereafter maintain within any residential zoning district of
the City any billboard or sign, with the following exceptions:
A.
Real estate signs. Real estate signs erected temporarily
for the purpose of advertising the sale or rental of only the premises
or a portion of the premises upon which they are located provided
that if any such sign is erected, it shall be removed as soon as it
has served its purpose, that is, immediately upon the sale or the
rental of such premises or portion thereof, and provided, further,
that no such sign shall exceed eight square feet in area. This exception
is not intended to permit the erection of signs advertising the rental
of rooms for temporary lodging to tourists or other transients, the
erection and maintenance of which signs are hereby expressly prohibited.
B.
Professional nameplates. Professional nameplates not
exceeding one square foot in area.
C.
Signs and bulletin boards. A sign or bulletin board
not exceeding 12 square feet in area, so placed as not to interfere
with or obstruct the view across any intersecting street and erected
upon the premises of a church or charitable institution for the purpose
of displaying the name and activities hereof or the service to be
held therein.
D.
Governmental signs. Signs of any size or shape erected
by or under the direction of any governmental body or agency in any
location for purpose of promotion, identification, direction, safety
or convenience of the public.
E.
Subdivision identification. Permanent subdivision
identification signs which do not exceed 20 square feet in surface
area per face, limited to two faces, not exceeding one per main entrance
and set back 15 feet from the curbline.
F.
Development signs. Temporary development signs advertising
the sale or rental or structures which have a maximum surface area
of 60 square feet, limited to two faces, maximum height of 15 feet,
indirectly illuminated, and set back 25 feet from the street line.
G.
Construction signs. Temporary construction signs limited
to one each for contractors, architects, financing, etc., nonilluminated
and set back 15 feet from the street line, and permitted only while
construction is in progress or for such time as may be required by
federal requirements for financing for extending advertising.
H.
Historic signs. Memorial tablets or signs and historical
markers, flags and insignias of bona fide civic, charitable, fraternal
and welfare or religious organizations and national flags and flags
of political subdivisions of the United States.
I.
Political signs. One or more political campaign signs
which, in the aggregate, do not exceed a total of 32 square feet in
area, on any privately owned lot. Each such sign shall be erected
and maintained in compliance with all applicable election laws.
J.
Nonbusiness signs. Nonbusiness signs which are not outdoor advertising structures as defined by § 204-3 of this chapter may be erected for a period not to exceed 90 days in any calendar year by or for the owner or lawful occupant of any lot or structure which said signs, in aggregate, do not exceed a total of six square feet in area, nonilluminated. Such signs must be set back at least 10 feet from the curbline on any lot or fixed to an occupied dwelling, structure or building, except where such dwelling, structure or building is located less than 10 feet from the curb and in that event the setback is the lesser of 10 feet or the distance between the dwelling structure or building and the curbline.
A.
No off-premises advertising sign which was not in
existence on the effective date of this chapter shall be permitted
within the City limits of the City of Hagerstown, unless said sign
is in compliance with the provisions of this chapter. Any off-premises
advertising sign existing outside of the City limits immediately prior
to annexation, which is subsequently annexed into the City limits,
shall be considered to have existed on the effective date of this
chapter.
B.
No increase in size or height, or relocation of an
existing off-premises advertising sign shall be permitted after the
effective date of this chapter, unless in compliance with this chapter.
C.
No off-premises advertising sign in existence on the
effective date of this chapter, that is illegal or otherwise violative
of any law, ordinance or regulation, shall be deemed lawful merely
as a result of its compliance with this chapter. This chapter is in
addition to, and does not supersede, any existing law, ordinance or
regulation that may be applicable.
D.
It shall be unlawful for any person, partnership,
corporation or other entity to own, construct or maintain an off-premises
advertising sign within the City limits of the City of Hagerstown
without first obtaining a permit for such off-premises advertising
sign and remitting the required permit fee. A permit is required for
each off-premises advertising sign, regardless of size or type. No
permit shall be issued unless the off-premises advertising sign is
in compliance with the standards, restrictions and requirements of
this chapter. This permit requirement shall not be applicable to any
off-premises advertising sign in existence on the effective date of
this chapter, except upon replacement thereof.
E.
All permit applications for off-premises advertising
signs shall be filed with the building inspector and shall state the
following:
(1)
The name and address of the owner of the off-premises
advertising sign and the name and address of the owner of the property
on which the said sign is or will be located.
(2)
A statement that the off-premises advertising sign
is or will be constructed in accordance with all applicable state
and City regulations, including the building and electrical codes
in effect at the time of construction.
(3)
The approximate location of the off-premises advertising
sign and the approximate location of buildings on the property where
the said sign is or will be located.
(4)
The size, height, setback, type and number of faces
on each off-premises advertising sign.
(5)
The date of the construction of the off-premises advertising
sign and the company number, state permit number and building permit
number, if any.
F.
Any off-premises advertising sign which has not been
issued a permit from the building inspector and the requisite permit
fee paid shall be removed within 60 days of written notification by
the building inspector to the owner of said sign or landowner upon
which the off-premises advertising sign is located.
G.
The permit issued for each off-premises advertising
sign will be displayed on the molding, trim or base on the lower right
corner of each off-premises advertising sign in a manner to be readable
from the ground. Each permit shall contain the name of the owner of
the said sign, the current address and phone number of the owner and
the voltage of any electrical apparatus used.
H.
The permit fee for each off-premises advertising sign
shall be established and specified by the Mayor and City Council from
time to time.
The following standards shall apply to all off-premises
advertising signs which are constructed after the effective date of
this chapter and to existing off-premises advertising signs which
are replaced entirely or are reconstructed, repaired or modified such
that the cost of such reconstruction, repair or modification exceeds
50% of the current replacement cost of said sign.
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 500 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 in existence
on the effective date of this chapter when said sign is being replaced,
reconstructed, repaired or modified.
B.
All off-premises advertising signs shall be set back
not less than 25 feet from the right-of-way line of all streets. This
setback line restriction shall not be applicable to any off-premises
advertising sign in existence on the effective date of this chapter
when said sign is being replaced, reconstructed, repaired or modified.
C.
No off-premises advertising signs shall be located
within 100 feet of a City residential zoning district, and if illuminated,
within 500 feet of a City residential zoning district. This restriction
shall not be applicable to any off-premises advertising sign in existence
on the effective date of this chapter when said sign is being replaced,
reconstructed, repaired or modified.
D.
No off-premises advertising sign face shall exceed
a total of 300 square feet in surface area including trim, nor shall
it contain more than one message per face, except for complementary
or joint messages.
E.
No more than two faces are permitted per off-premises
advertising sign. All off-premises advertising signs with two faces
shall have the two faces placed back to back.
F.
Each off-premises advertising sign shall be framed
with trim work, which shall be no smaller than six inches and no larger
than one foot in width.
G.
No off-premises advertising sign face shall exceed
a vertical dimension of 14 feet nor a total horizontal dimension of
25 feet.
H.
No off-premises advertising sign shall exceed 30 feet
in height.
The following landscaping requirements shall
apply to all freestanding off-premises advertising signs which are
constructed after the effective date of this chapter and to existing
freestanding off-premises advertising signs which are replaced entirely
or are reconstructed, repaired or modified such that the cost of such
reconstruction, repair or modification exceeds 50% of the current
replacement cost of said sign.
A.
A landscape strip of an area equal to or greater than
the surface area of a sign face and at least as long as the sign length
shall be located immediately adjoining the supporting structure on
each face side of the sign.
B.
Eight feet in height.
(1)
For all signs exceeding eight feet in height, a hedge
or other durable planting with a minimum height being no less than
that which places the top of the durable planting within 12 inches
of the bottom of the sign face, and attaining a height equal to the
bottom of the sign face within four years after planting, is to extend
the entire length of the required landscape strip.
(2)
For all signs up to eight feet in height, a perennial
ground cover is to extend the entire length of the required landscape
strip. Common grasses shall not satisfy this requirement.
C.
For all signs exceeding 15 feet in height, two flowering
trees shall be placed within the required landscape strip.
D.
Single faced structures with the rear viewable from
a public right-of-way or other public property shall have equally
spaced evergreen trees planted in the rear of the structure. The number
of trees shall be equal to two, or the number of supporting members
of the structure, whichever is greater. The reverse side of the sign
shall be a one earthtone color.
E.
Existing or alternative landscaping materials may
be utilized to meet the requirements of this subsection provided that
they substantially comply with the standards specified herein.
All off-premises advertising signs, structures,
faces and landscaping shall be kept in good repair and properly painted
and maintained in a skillful and reasonable manner. All lighting and
illumination will be oriented toward the ground. All new off-premises
advertising signs constructed after the effective date of this chapter
shall be in compliance with the provisions of this chapter, building
code, electrical code and any applicable City laws, ordinances or
regulations.
A.
Regardless of whether any such sign was in existence
on the effective date of this chapter, the following off-premises
advertising signs are specifically prohibited:
(1)
Portable signs with changeable message boards.
(2)
Any signs which include lights which flash, blink
or turn on or off intermittently, with the exception of time and temperature
displays.
(3)
Rooftop signs.
(4)
Signs on or attached to stationary equipment such
as semitruck trailers where signing is the apparent principal use
of the equipment on either a temporary or permanent basis.
B.
Any such sign existing on the effective date of this
chapter shall be permitted to exist in its present location for a
period of five years from the effective date of this chapter.
A.
The provisions of this chapter shall be enforced by
the Building Inspector and all appeals shall be taken as if from the
City Building Codes.[1] Enforcement actions shall be prosecuted against the owner
of an off-premises advertising sign and/or the owner of the property
on which the off-premises advertising sign is located.
B.
Any owner of a sign or landowner upon which a sign is located whose sign does not display the required permit as provided for in this chapter, or who otherwise violates any of the provisions of this chapter shall be guilty of a municipal infraction. Pursuant to Article III, Chapter 1, of the City Code, each day the sign exists without a permit or in violation of this chapter shall be a separate offense.
C.
The fine for a violation of this chapter shall be
$100 for each initial violation, and $200 for each day thereafter
that the violation continues.
All provisions of this chapter shall be in full
force and effect on and after the effective date of this chapter.
