Sec. 59-F-7.1. Unlawful to erect or retain.

The following signs are not permitted and cannot be erected or retained.  The Sign Review Board must not grant a variance permitting their erection, installation, or maintenance.  A prohibited sign erected after December 8, 1997, must be removed within 24 hours of notification by the Director that the sign must be removed.  Such notification may be appealed to the Board of Appeals pursuant to Section 59-F-10.1(d) of this Article.

   (a)   Obscene sign.  A sign must not contain obscene statements, words, or depictions that are construed to offend public morals or decency.

   (b)   Roof sign.  Except if approved pursuant to Section 59-F-10.2(b)(1)(H) as part of a sign concept plan for an optional method development project within an approved urban renewal area, a sign must not be painted on the roof of a building, or supported by poles, uprights, or braces extending from or attached to the roof of a building, or project above the roof of a building.  A wall sign is not a roof sign, and for the purposes of this Section, a roof surface constructed at an angle of within 15 degrees of vertical is regarded as wall space.  Screening that encloses equipment like heating, ventilating and air conditioning units, elevator shafts, and stairs located on a roof also are considered wall space.

   (c)   Obstructive sign.  A sign must not be placed in a location that obstructs the view of traffic signs, traffic signals, oncoming traffic, pedestrians, or in any way interferes with the placement or function of any traffic control device as determined by the appropriate transportation jurisdiction.

   (d)   Unsafe sign.  Any sign determined by the Director to create a safety hazard due to structural or electrical conditions, or by reason of inadequate maintenance, must not be erected or retained.  A sign that has become unsafe after erection must be repaired to meet safety requirements or removed within 30 days of notice of the unsafe condition.

   (e)   Moved by the wind.  Except if approved pursuant to Section 59-F-10.2(c)(1)(H) as part of a sign concept plan for an optional method development project within an urban renewal area, a sign in the form of a banner, pennant, streamer, ribbon, spinner, balloon, string of lights, or other device which will move in the wind or moved manually must not be placed on a lot or parcel, except as provided in subsections 59-F-8.1(b)(5). and 59-F-8.1(b)(8).

   (f)   Sign in the Public Right-of-way. A sign must not be placed in the public right-of- way, except:

      (1)   a sign erected by a government agency or utility company in the performance of its public duties;

      (2)   an additional square footage sign for a subdivision or multi-family development, public facility, place of assembly, an industrial or commercial center under subsections 59-F-4.2(a)(3) and 59-F-4.2(b)(4)(B), or a commercial or industrial use, if:

         (A)   the sign is approved by the Sign Review Board, and

         (B)   the appropriate transportation jurisdiction issues a permit after approving the structural adequacy, physical location, sight distance, pedestrian access, and other safety characteristics of the sign;

      (3)   a limited duration sign which satisfies the requirements of this Chapter; or

      (4)   a sign approved under Section 59-F-10.2(b)(1)(H) as part of a sign concept plan for an optional method development in an urban renewal area.

Nothing in this Section affects the authority of the appropriate transportation jurisdiction to regulate signs in its right-of-way or the authority of the Department of Transportation to otherwise regulate the right-of-way.  The appropriate transportation jurisdiction or the Director of Permitting Services may remove any sign in the public right-of-way that is not allowed under this subsection.

   (g)   Attached to the property of others.  A sign must not be attached or affixed to a structure or property such as a fence, wall, antennas, other signs, trees or other vegetation, or to any public structure such as a utility pole without permission of the owner.

   (h)   Abandoned or obsolete sign.  A permanent sign, including the structural supports and electrical connections, which was legally erected as a location sign, but the building has not been used for 6 months or more, is abandoned.  A sign at a seasonal site is abandoned or obsolete only if the site remains unused for 12 months.

   (i)   Off-site sign. Off-site signs are prohibited

(Legislative History: Ord. No. 13-76, § 1; Ord. No. 14-10, § 7; Ord. No. 15-25, § 1; Ord. No. 16-02, § 3; Ord. No. 16-15, § 1.)

   Editor's note—Section 59-F-7.1 was quoted in Eller Media Co. v. Montgomery County, 143 Md. App. 562, 795 A.2d 728 (2002).  Former § 59-F-1.65 is quoted in Montgomery County v. Revere, 341 Md. 366, 671 A.2d 1 (1996).