On the agenda: Mount Airy Packet — Data Center (Oct 26)

1.

7:00 P.M. October 26, 2026, Planning Commission Agenda
Documents:
PLANNING COMMISSION AGENDA OCTOBER 26, 2026.PDF

2. Unofficial September 28, 2026, PC Minutes
Documents:
UNOFFICIAL SEPTEMBER 28, 2026 PLANNING COMMISSION MINUTES.PDF
3. Frederick County Planner Report
Documents:
FREDRICK COUNTY MT. AIRY UPDATE OCTOBER 2026.PDF
4. Special Exception Request For Home Occupation, MA-BOA-2026-03
Documents:
MA-BOA-2026-03 HOME OCCUPATION STAFF REPORT PACKET .PDF
5. Ordinance No. 2026-25 ADU - Accessory Dwelling Units - 2nd Review
Documents:
AA-DRAFT-ADU DISCUSSION-SEP 28.PDF
MT AIRY ORDINANCE 2026-25 RELATED TO ACCESSEORY DWELLING
UNITS .PDF
6. Signage Code Section 112-11 - Possible Amendments Or Additions
Documents:
CODE-SIGNS-112-11-GHENT EDITS AND CMTS-VERS 1.PDF
7. Ordinance No. 2026-27, Section 112-23 Entitled R-1 District, Private Parks, 1st Review
Documents:
MT AIRY ORDINANCE 2026-27 - CLARIFY A PRIVATE PARK USE IN R1 ZONE,
INTRODUCTION 10-05-2026 AND REFERRAL TO PLANNING COMMISSION.PDF
8. Zoning Administrator Report For September 2026
Documents:
SEPTEMBER 2026, ZONING ADMINISTRATOR REPORT.PDF

Council Members
JASON P. EVANS,
Secretary

TIM J. WASHABAUGH
Mayor and Council President

KARL L. MUNDER
SEAN M. KELLY
STEPHEN L. DOMOTOR

Planning Commission Meeting Agenda
October 26, 2026
7:00 p.m.
1. CALL TO ORDER – PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES


September 28, 2026

3. CITIZEN COMMENTS
4. CARROLL/FREDERICK COUNTY PLANNERS



Carroll County Planner – Tiffany Fossett
Frederick County Planner –Matthew Tomitz

5. INTRODUCTION / DISCUSSION / RECOMMENDATION of MA-BOA- 2026-03


Planning Commission to provide a recommendation to the Board of Appeals on this request for a
Special Exception for Home Occupation, Colleens Candles LLC.

6. INTRODUCTION / DISCUSSION of Ordinance 2026-25 ADU – Accessory Dwelling Units


Open discussion on possible recommendations to Town Council on Ordinance #2026-25. 2nd review
of proposed Ordinance.

7. DISCUSSION of Planning Commission Possible Additions or Amendments to Signage Code -§112-11


Open discussion on possible proposed amendments to the signage ordinance §112-11.

8. INTRODUCTION / DISCUSSION of Ordinance 2026-27 112-23 Entitled “R-1 District”


Open discussion on possible recommendations to Town Council on Ordinance #2026-27. 1st review
of proposed Ordinance.

9. REPORTS / OTHER BUSINESS / FUTURE ITEMS.






Council Liaison Report – Councilman Sean Kelly
Zoning Administrator Report for September 2026
Planning Commission New Business
o No December meeting
o January 25, 2027, is the first meeting of 2027
Next Planning Commission Meeting Date – November 30, 2026, at 7:00 p.m. (Town Hall)

10. ADJOURNMENT
Note: The regular meeting will end at 10:00 p.m. The remaining items will be held at the next Planning
Commission meeting.
**The Town will make every effort to provide reasonable accommodation for deaf people by providing a sign language
interpreter. A request for such accommodation must be made at least 48 hours before the meeting to facilitate scheduling.
**FOR INFORMATION ON TTY/TDD, PLEASE CALL THE MARYLAND RELAY SERVICE AT 7-1-1 OR 800-735-2258

P.O. Box 50, Mount Airy, MD 21771
Telephone: (301) 829-1424 • Fax: (301) 829-1259
Email: [email protected] • Web Page: www.mountairymd.gov

Jessica Fitzwater
County Executive

FREDERICK COUNTY GOVERNMENT
DIVISION OF PLANNING and PERMITTING
Livable Frederick Planning and Design Office

TO:

Deborah A. Carpenter, AICP, Division Director
Kimberly Gaines, Department Head

John Breeding, Director of Planning and Zoning, Town of Mount Airy

THROUGH: Kimberly Gaines, Department Head, Livable Frederick Planning and Design Office
FROM:

Matthew Tomitz, Planner II, Livable Frederick Planning and Design Office

DATE:

October 12, 2026

SUBJECT:

October 2026 Updates

1. Area Development Projects
- Cherry Run (County) – 800 residences
- Gordon Mill (County) – 610 residences
- Calumet (New Market) – 925 residences
- England Woods (New Market) – 537 age-restricted residences
- No building permits have been issued for these projects at this time.
- Planning Project Maps – Interactive map showing active County development
applications

2. Ongoing Planning Efforts
- Update of the Town of New Market Comprehensive Plan, has been released for 60-day
review.
- Update of the 2022 Land Preservation, Parks and Recreation Plan for the County and
all municipalities. This plan is updated on a 5-year cycle and is required by the State for
Program Open Space eligibility.

3. Data Centers
- County Data Center Webpage
- County Executive Fitzwater rejected the application for a Development Rights and
Responsibilities Agreement sought by Catellus for the Frederick Digital Campus in
Adamstown.
- County Executive Fitzwater signed an Executive Order extending the pause on data
center applications until July 1, 2027.

Frederick County: Rich History, Bright Future
30 North Market Street, Frederick, MD 21701 ● 301-600-1138 ● Fax 301-600-1645

www.FrederickCountyMD.gov

Summary of Commissioner, Town Staff, Attorney, and Council Liaison
Comments regarding the draft ADU Ordinance
Note: The following is not intended to be word-for-word copy of comments made, but aims to capture the
core of each comment. The purpose is to document the discussions in September and to assist the
Commissioners with forming any additional thoughts on the proposed Ordinance for October’s meeting.

Stephen Semelsberger:
1. Stated that we already have Code pertaining to accessory apartments and
asked if this ordinance is more specifically toward dwelling units. Attorney’s
answer was Yes.
2. Stated that in our Code for R1, R2, R3, etc… there is a maximum density for
dwellings. If we accept this ordinance, do we have to adjust each residential
zone’s density to allow an ADU to also exist? Attorney’s answer was that this
ordinance sets up ADUs as a Special Exception within those residential zoning
districts. And by amending the residential zoning code to consider an ADU under
a Special Exception, there is no need to change the current permitted density.
3. Had a concern regarding setbacks. The proposed 112-62 has an ADU setback of
10-feet from the side and rear lines, whereas accessory structures (in the
existing Code) have 3-foot side and 6-foot rear setbacks depending whether they
are 100 sq.foot or less (in size). And was wondering if that applies to this
ordinance. Attorney’s answer was that the only restriction in the State code is
that you cannot require a greater setback than the current zoning where the
principal residence is located. The current rear setback distance for all of the
residential zones is 40-feet. So why propose 10-feet for an ADU setback? You
don’t have to say 10-feet (as proposed). But we cannot unduly restrict ADUs, so
if you required 40-feet for ADUs then you are basically negating the use of ADUs
for those dwellings that currently bump right up against that 40-feet setback for
the principal dwelling.
4. Conclusion: Not ready to make a recommendation.
Steve O’Malley:
1. Following-up on above setback discussion – stated that the State Legislation
says that the new Code cannot establish a setback that exceeds the current
setbacks.for accessory structures for side and rear lot lines. And aren’t permitted
sheds considered “accessorys’? Attorney answer was Yes. Therefore, if a
permitted shed in the Town requires a setback of 6-feet, then the setback for an
ADU would have to be 6-feet (?) …. And, therefore, it can’t be 10-feet (as
drafted). Chair asked whether sheds can be used since sheds are not usually
regarded as a livable structure. Attorney answer was that the State says “the
existing accessory setback requirement.” So we have to adhere to a shed’s
setback distance for ADUs. Chair asked if indeed this discussion now requires
an edit hat ADUs should have a 10-feet side setback and a 6-foot rear setback?
Attorney stated, “that’s probably correct.” Mr. Breeding then suggested we
change further to have 6-foot for both side and rear setbacks for ADUs.
2. He also had concerns with lot lines, parking rules, the height of the (ADU)
structure, privacy, rentals, owner occupancy, and enforcement … all of which are
not seen in the draft ordinance and will cause complaints and disputes. (see
separate paper on these topics and also some info on what Frederick and Carroll
1

Summary of Commissioner, Town Staff, Attorney, and Council Liaison
Comments regarding the draft ADU Ordinance
Note: The following is not intended to be word-for-word copy of comments made, but aims to capture the
core of each comment. The purpose is to document the discussions in September and to assist the
Commissioners with forming any additional thoughts on the proposed Ordinance for October’s meeting.

are doing in their Code regarding these topics. He provided a copy of his paper
to the Attorney and John for further distro).
3. Conclusion: Not ready to make a recommendation.
Heather Wallace:
1. Stated that Steve O’Malley’s paper covered many of her same topics. But I am
also looking at the text on parking and the requirement for a parking study by the
(ADU) applicant … which is adding a cost to the applicant and that doesn’t align
with the State.
2. Looking at the draft code making sure the ADUs are architecturally compatible …
although there may be HOA restrictions, I’m looking at the State’s requirement to
make any new Code as least-restrictive. Attorney commented on the parking
study text and stated that it may be difficult to say what is a parking study … and
that the study could vary from property to property. He explained further that the
way that Taneytown and Hempstead have tackled the parking - and such text is
seen in this draft ordinance – that if someone (ADU applicant) were to deviate
from the parking requirement (of an ADU), then the onus would be upon the
applicant to justify that deviation. However, he also stated that he is not certain
that this is what the State code contemplates, nor anyone can fully understand
the State code requiring that the Town do a parking study for the whole Town (as
a result of an ADU application).
3. Conclusion: Recommend disapproval.
John Breeding:
ADUs’ additional water usage and sewer volume will have to somehow be
addressed. The Town Engineer maintains allowed water use … so how does an
ADU change the principal dwelling’s permitted water and sewer use? Does an
ADU tie into the principal dwelling’s lines, or should it be separate?
Barney Quin:
Existing code says you have to have (for a dwelling) a separate water and sewer
connection, but this may be different (for ADUs). John then chimed-in that
separate water and sewer may be regarded as an undue burden on an ADU
applicant.
Brian Bieda:
1. Let’s just say these accessory structures are a “tiny house.” And it needs
separate water, power meter, and parking.
2. Conclusion: Not ready to make a recommendation.

2

Summary of Commissioner, Town Staff, Attorney, and Council Liaison
Comments regarding the draft ADU Ordinance
Note: The following is not intended to be word-for-word copy of comments made, but aims to capture the
core of each comment. The purpose is to document the discussions in September and to assist the
Commissioners with forming any additional thoughts on the proposed Ordinance for October’s meeting.

Martina Hatley:
1. Has been looking at this issue for a long time. Asked for Commissioner thoughts
on pre-approved (ADU) designs … which could settle a lot of these issues. Gave
a scenario where an applicant comes in with a need to build an ADU and the
Town provides them pre-approved options/choices. It was acknowledged as a
great idea, and could become an ADU Design Guidelines effort. But the Attorney
demurred as to whether we would want to add such text (for Design Guidelines)
to this draft ordinance at this point.
2. Stated she also wanted to study Steve O’Malley’s paper.
3. Conclusion: Not ready to make a recommendation.
Bill Butts:
1. Couldn’t add to the point and comments already made, but stressed that we
need to be as consistent as we can (in ADU code).
2. Conclusion: Not ready to make a recommendation.
Ralph Ghent:
1. Shared that prior to the meeting he asked for the Attorney’s comments as to why
the draft ordinance did not include the Neighborhood Professional (NP) zoning
district; which does allow a residential use within the converted structure (from
residential to commercial use). And that he is now convinced that the State is
focused only upon residential districts for ADUs … and that allowing an ADU
within an NP plat would be counter to the purpose of NP … and there is no need
to include NP in the draft ordinance.
2. Shared the question as to why does our draft ordinance place ADUs within a
Special Exception (under each residential district) when the State has clearly
stated that ADUs are a permitted use. He turned to the Attorney for comment.
The Attorney replied:
a. You can make ADUs a permitted use of right. And that Special Exceptions
(or sometimes referred to as Conditional Use) are permitted uses. So the
State’s legislation that ADUs are a permitted use allows us to place ADUs
under each residential district as a conditional use (special exception)
subject to approval by the Board of Appeals.
b. Gave an example where Taneytown has done a bit of a hybrid, in that for
some higher density residential districts the ADUs are a Special Exception
use …. but for other residential districts it is a Permitted Use.of Right.
c. Why would Special Exception be appropriate? – because you are
superimposing upon existing districts. And not all districts are the same
regarding impacts (of an ADU) on neighboring properties. Some are
better candidates than others. So if you allowed it to be a permitted use of
right on every single residential property, then there’s no oversight or
scrutiny of the ADU application The reason that Special Exception has
3

Summary of Commissioner, Town Staff, Attorney, and Council Liaison
Comments regarding the draft ADU Ordinance
Note: The following is not intended to be word-for-word copy of comments made, but aims to capture the
core of each comment. The purpose is to document the discussions in September and to assist the
Commissioners with forming any additional thoughts on the proposed Ordinance for October’s meeting.

been found to be particularly helpful in this regard is that the BoA has to
approve a Special Exception. Lastly, the State legislation in the past,
where a use was NOT to be regarded as a Special Exception (e.g. solar
panels), that prohibition of a local government placing that use under a
Special Exception was clearly stated in the legislation. That prohibition
was not seen in HB1466, so it is OK to regard ADU use as a Special
Exception at the local government level.
3. Questioned whether the new ADU paragraph in 112-62 should also consolidate
the current paragraphs on Family Apartments and Accessory Apartments – using
the rationale that all three are ADUs, so let’s just put them all into one new
paragraph. The Attorney responded that we could consolidate all three areas in
112-62, but this draft ordinance was also trying to minimize the changes to the
existing code. But he stressed that the BoA may well have different standards to
apply to each of the three, and therefore keeping them separate may be best.
4. Lastly, he wondered aloud as to the case where an ADU is a separate structure -- what site plan should be required? Since the Planning Commission is required
to first review a Special Exception use before it goes to the BoA for their
consideration, then what is needed by the Planning Commission to render that
recommendation? A “site plan”? Info regarding water and sewer connections?
Parking proposed on the property or on the public street?
5. Conclusion: Not ready to make a recommendation.
Council Member Kelly:
Wanted to tie together some of the topics – most notably privacy and the question
raised about what site plan or site information will be necessary. Stated that the
topography of the Town means you could have an ADU built that is higher than a
neighbor’s dwelling … and the privacy impact enters into the decision whether to
approve it.

4

For:
Introduction and referral to PC: 9/14/26
Planning Commission Recommendation: ___
Public hearing: ____
Adoption: ____
Effective: ____ (upon expiration of 20 days after Mayor’s
approval or override of Mayor’s veto upon 4/5ths majority
vote of the Town Council)

THE TOWN OF MOUNT AIRY, MARYLAND
ORDINANCE NO. 2026-25
AN ORDINANCE TO AMEND THE FOLLOWING ARTICLES
AND SECTIONS OF PART II OF THE CODE OF THE TOWN OF MOUNT AIRY
ENTITLED “GENERAL LEGISLATION,”
CHAPTER 112 ENTITLED “ZONING”:
ARTICLE IV ENTITLED “PROVISIONS GOVERNING RESIDENTIAL
DISTRICTS”:
SECTION 112-23 ENTITLED “R-1 DISTRICT”
SECTION 112-24 ENTITLED “RE RESIDENTIAL EXISTING”
SECTION 112-25 ENTITLED “R2 DISTRICT”
SECTION 112-26 ENTITLED “R3 DISTRICT”
SECTION 112-27 ENTITLED “R5 DISTRICT”
SECTION 112-28 ENTITLED “R7 DISTRICT”
SECTION 112-29 ENTILTED “CONSERVATION DISTRICT”
SECTION 112-34 ENTITLED “ACCESSORY STRUCTURES”
ARTICLE VIII ENTITLED “BOARD OF APPEALS”:
SECTION 112-62 ENTITLED “SPECIAL EXCEPTIONS”
ARTICLE X ENTITLED “WORD USAGE AND DEFINITIONS”:
SECTION 112-71 ENTITLED “DEFINITIONS
FOR THE PURPOSE OF ESTABLISHING THE ACCESSORY DWELLING UNIT
(“ADU”) IN COMPLIANCE WITH MARYLAND STATUTES
WHEREAS, on our about April 2, 2025, the Maryland General Assembly passed House
Bill 1466 (cross filed as Senate Bill 891) (hereafter “HB 1466”), which was signed into law by
the Governor on or about April 22, 2025 and became effective October 1, 2025; and
WHEREAS, HB 1466 required local governments, including municipalities, in the State
of Maryland to adopt local laws authorizing the development of Accessory Dwelling Units
(“ADUs”) on or before October 1, 2026; and
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WHEREAS, HB 1466 mandated that certain provisions be implemented in, and imposed
certain restrictions upon, said local laws; and
WHEREAS, this ordinance was introduced by the town Council on September 14, 2026
and was referred to the Town Planning Commission for a recommendation; and
WHEREAS, pursuant to the the Land Use Article of the Maryland Code, Section
20402(b)(1)(v) and Town Code, Section 112-67, the Town Planning Commission reviewed this
ordinance and at its regular meeting on _____________, 2026 voted to provide a
___________________ recommendation to the Town Council; and
WHEREAS, pursuant to the Land Use Article of the Maryland Code, Section 2-203 and
the Town Code, Section 112-66A, the Town Council held a public hearing on this ordinance on
_______________, 2026, with due notice and opportunity to be heard; and
WHEREAS, in order to comply with Maryland Law, specifically HB 1466, and because
the Town Council finds it to be in the best interests of the Town of Mount Airy, this ordinance is
hereby enacted.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN
OF MOUNT AIRY:
Section 1. That Chapter 112 of the Code of the Town of Mount Airy, Article IV, Section
112-23 be and is hereby amended as follows:
§112-23. R-1 District.
*

*

*

C. Special exceptions in the R-1 District. The Board of Appeals may authorize the following
principal uses as special exceptions in accordance with the provisions of Article VIII, § 11262:
*

*

*

(12) Accessory Dwelling Units [§ 112-62F(31).

Section 2. That Chapter 112 of the Code of the Town of Mount Airy, Article IV, Section
112-24 be and is hereby amended as follows:

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§112-24. RE Residential-Existing District.
*

*

*

C. Special exceptions in the RE District. The Board of Appeals may authorize the following
principal uses as special exceptions in accordance with the provisions of Article VIII, § 11262:
*

*

*

(13) Accessory Dwelling Units [§ 112-62F(31).

Section 3. That Chapter 112 of the Code of the Town of Mount Airy, Article IV, Section
112-25 be and is hereby amended as follows:
§112-25. R2 District.
*

*

*

C. Special exceptions in the R2 District. The Board of Appeals may authorize the following
principal uses as special exceptions in accordance with the provisions of Article VIII, § 11262:
*

*

*

(13) Accessory Dwelling Units [§ 112-62F(31).
Section 4. That Chapter 112 of the Code of the Town of Mount Airy, Article IV, Section
112-26 be and is hereby amended as follows:
§112-26. R3 District.
*

*

*

C. Special exceptions in the R3 District. The Board of Appeals may authorize the following
principal uses as special exceptions in accordance with the provisions of Article VIII, § 11262:
*

*

*

(14) Accessory Dwelling Units [§ 112-62F(31).
Section 5. That Chapter 112 of the Code of the Town of Mount Airy, Article IV, Section
112-23 be and is hereby amended as follows:

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§112-27. R5 District.
*

*

*

C. Special exceptions in the R5 District. The Board of Appeals may authorize the following
principal uses as special exceptions in accordance with the provisions of Article VIII, § 11262:
*

*

*

(17) Accessory Dwelling Units [§ 112-62F(31).
Section 6. That Chapter 112 of the Code of the Town of Mount Airy, Article IV, Section
112-28 be and is hereby amended as follows:
§112-28. R7 District.
*

*

*

C. Special exceptions in the R7 District. The Board of Appeals may authorize the following
principal uses as special exceptions in accordance with the provisions of Article VIII, § 11262:
*

*

*

(17) Accessory Dwelling Units [§ 112-62F(31).
Section 7. That Chapter 112 of the Code of the Town of Mount Airy, Article IV, Section
112-29 be and is hereby amended as follows:
§112-29. Conservation District.
*

*

*

C. Special exceptions in the Conservation District. The Board of Appeals may authorize the
following principal uses as special exceptions in accordance with the provisions of Article
VIII, § 112-62:
*

*

*

(9) Accessory Dwelling Units [§ 112-62F(31).
Section 8. That Chapter 112 of the Code of the Town of Mount Airy, Article IV, Section
112-34 be and is hereby amended as follows:
§112-34. Accessory structures.
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*

*

*

B. Location. Accessory structures are not permitted in front yard areas. Accessory structures
100 square feet or less shall be set back three feet from side and rear lot lines. Accessory
structures over 100 square feet shall be set back a minimum of six feet from side and rear lot
lines. Notwithstanding the foregoing, wireless facilities, support structures and related
equipment shall be goverened by § 112-19.1 above and Accessory Apartments and
Accessory Dwelling Units shall be governed by § 112-62F(22) and (31), respectively.
C. Maximum lot coverage. The total coverage of any structure on one lot shall not exceed 30%
of the total rear yard area. Accessory Apartments and Accessory Dwelling Units shall be
governed by § 112-62F(22) and (31), respectively.
D. Height general rule. Accessory structures shall not exceed one story or 10 feet in height. For
structures covered by a roof, the highest point of the roof shall not exceed 15 feet in height.
Accessory Apartments and Accessory Dwelling Units shall be governed by § 112-62F(22)
and (31), respectively.
*

*

*

E. Permitted accessory uses and structures:
*
*
*
(8) Accessory Apartments as a special exception and subject to § 112-62F(22).
(9) Accessory Dwelling Units as a special exception and subject to § 112-62F(31).
*

*

*

Section 9. That Chapter 112 of the Code of the Town of Mount Airy, Article VIII,
Section 112-62 be and is hereby amended as follows:
§112-62. Special Exceptions.
*

*

*

F. Specific standards for special exception uses. In addition to the general standards for all
special exceptions as contained in § 112-62E, the following specific standards for particular
uses must be met prior to the granting of a special exception:
*
(31)

*

*

Accessory Dwelling Units. In all residential districts and subject to the
requirements of the district in which located except as herein provided:

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(a) The single-family detached dwelling shall be located on a lot of at least 7,200
square feet served by public water and sewer.
(b) Only one Accessory Dwelling Unit or Accessory Apartment is permitted on a
lot.
(c) The property owner must occupy one of the two dwelling units on the
property.
(d) Detached Accessory Dwelling Units can only be located behind the rear
building line of the principal dwelling unit.
(e) The Accessory Dwelling Unit shall be at least ten feet from a side lot line and
at least ten feet from a rear lot line.
(f) The Accessory Dwelling Unit shall have a floor area not greater than 800
square feet, or 50 percent of the total floor area of the principal dwelling unit
(excluding garages and decks), whichever is less.
(g) The maximum total area of all Accessory Uses or Structures, including the
Accessory Dwelling Unit, shall not cover more than fifty (50) percent of the
rear yard.
(h) The height of the Accessory Dwelling Unit shall conform to the height
restrictions of the zoning district in which the Accessory Dwelling Unit is
located. The Accessory Dwelling Unit may not exceed the height of any
principal building.
(i) The Accessory Dwelling Unit must have complete bathroom facilities,
complete sleeping facilities, and a complete kitchen with a sink with running
water, range or cookstove, and refrigerator located in the same room.
(j) An Accessory Dwelling Unit will require two off-street parking spaces in
addition to those required for the principal dwelling. A request for a variance
of fewer or more than two off-street parking spaces must be submitted to and
approved by the Board of Appeals and be supported by a parking study at the
sole cost of the owner/applicant.
(k) A site plan is required for the construction of an Accessory Dwelling Unit.
(l) Accessory Dwelling Units must be architecturally compatible with the style,
composition, materials, colors and details of the principle building and its
vicinity and contributes to the character of the surrounding neighborhood.

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Section 10. That Chapter 112 of the Code of the Town of Mount Airy, Article X, Section
112-71 be and is hereby amended as follows:
§112-71. Definitions.
For the purpose of this chapter certain terms or words used herein shall be interpreted as follows:
ACCESSORY APARTMENT
A separate living unit created from existing internal space within a single-family residence and
containing both a separate kitchen and a separate bath.
ACCESSORY DWELLING UNIT
A second dwelling unit added to, but not within the internal space of (i.e., is not an Accessory
Apartment), an existing single-family detached dwelling, or in a separate accessory structure on
the same lot as the principal dwelling, for use as a complete, independent living facility with
provision within the accessory unit for cooking, eating, sanitation, and sleeping. Such a dwelling
is clearly accessory to the use of the main or principal dwelling. An attached accessory unit has
direct access from the outside or through a common hall which has direct outside access.
ACCESSORY USE OR STRUCTURE
A use or separate structure customarily incidental and subordinate to the principal use or
structure and located on the same lot with such principal use or structure. Truck bodies, trailers,
and containers shall not be permitted as accessory structures.

BE IT ENACTED AND ORDAINED BY THE AUTHORITY AFORESAID, that
this Ordinance shall take effect on the ___ day of _______, 2026 (upon expiration of 20 days
after approval by Mayor or upon override of Mayor’s veto by 4/5ths majority vote of the Town
Council).
Introduced the 14th day of September, 2026.
Enacted this ___ day of ___________, 2026 by a vote of ______ in favor and ______ opposed.
ATTEST:

___________________________________ ___________________________________
Jason Evans, Secretary
Tim Washabaugh,
President of the Town Council

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Approved this ___ day of _________________, 2026.
ATTEST:

___________________________________ ____________________________________
Jason Evans, Secretary
Tim Washabaugh, Acting Mayor

REVIEWED AND APPROVED AS TO LEGAL FORM AND SUFFICIENCY.
This ___ day of ______________, 2026.

_______________________________________
Thomas V. McCarron, Town Attorney

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Town Code for Signage
§ 112-11 Signs.
[Amended 1-16-2001 by Ord. No. 2000-6; 9-8-2014 by Ord. No. 2014-14; 6-5-2017 by Ord. No. 2017-6; 11-42019 by Ord. No. 2019-11]
A. Scope and purpose. It shall be the purpose of this section to govern the approval, placement, display, size and
design of temporary and permanent signs located on private property within the Town limits. This section shall apply
to signs approved and/or lawfully placed or displayed on or after the effective date of this section, which is November
24, 2019. The version of this section as it existed prior to the effective date of this section, last amended pursuant to
Ordinance 2017-6 on or about June 5, 2017, shall govern the approval, placement, display, design, size and other
restrictions on signs which were approved by the Zoning Administrator and lawfully placed prior to the effective date of
this section.
B. Definitions. The following words have the following definitions for the purposes of this section:
ABANDONED OR DILAPIDATED SIGNS
Any sign which has been expressly abandoned by its owner, is out of date on its face and/or is in poor condition (e.g.,
has faded or missing lettering, has fallen down, become unattached or been significantly leaning without correction for
two or more months, has had its message obscured by vegetation, is substantially damaged and/or is otherwise not in
condition to be seen in the normal course).
BANNERS
A type of temporary sign of lightweight fabric or similar material that is attached to a building or other structure erected
for a purpose other than holding or displaying the banner. The term "banner" does not include feather flag signs.
BEACON
Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot
as the light source; also, any light with one or more beams that rotate or move.
BUILDING UNIT
A building unit is equivalent to the tenant space.
COMMERCIAL SIGN
Any sign that advertises or conveys a message about a for-profit or not-for-profit commercial activity.
FEATHER FLAG SIGN
A freestanding temporary sign typically constructed of a single plastic or metal shaft driven in the ground with an
attached pennant that is vertically elongated and attached to the shaft.
FLAG
A device generally made of flexible material, usually cloth, paper or plastic, typically used as a symbol of a
government, school, or religion, and not containing a commercial message. The term "flag" does not include feather
flag signs.
FLASHING SIGN
A sign where the illumination of which is not kept constant in intensity at all times when in use and which exhibits
marked changes in lighting effects.
HANDWRITTEN SIGN
A sign, the content of which is in whole or in part hand written in ink as opposed to typed or printed. Handwritten signs
shall not include signs containing printed font that resembles handwriting.
INFLATABLE SIGN

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Town Code for Signage
Any display capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise
a product or event.
LIGHTED BOX SIGNS
A sign with a lighting device behind written text or messaging on an opaque or transparent surface designed to
illuminate from behind the text or messaging.
LIVING OR HUMAN SIGN
A sign held by or attached to a human for the purposes of advertising or otherwise drawing attention to an individual,
business, commodity, service or product. This can also include a person dressed in costume for the purpose of
advertising or drawing attention to an individual, business, commodity, service or product.
MARQUIS SIGN
A structure placed over the entrance to a hotel, theatre, casino, train station, or similar building, often having a sign or
reader board stating either the name of the establishment or, in the case of theatres, the play or movie and the
artist(s) appearing at that venue.
MONUMENT SIGN
A permanent sign at the entrance to a commercial office park or industrial complex listing the businesses in the park
or complex.
PENNANT, STREAMER
Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a
rope, wire, or string, usually in a series, designed to move in the wind.
PERMANENT SIGNS
Signs that are permanently attached or designed to be permanently attached to real property as fixtures, the ground,
a building, pole, staff or other permanent support anchored to a building or into the ground.
POLE BANNER
Banners affixed to light, street or utility poles.
PORTABLE SIGN
A type of commercial sign that is not permanently attached or designed to be permanently attached to the ground, a
building, or a pole or other temporary or permanent support. This includes a sign that is, or is designed to be,
mounted on wheels or built to roll or slide or to be moved, including sandwich boards.
PRIMARY FRONTAGE
The linear distance along which a lot line adjoins a public street right-of-way. The "primary frontage" of a corner lot, or
through lot, is the street with the highest functional street classification or longest street frontage if functional street
classification is the same. If the street is a frontage road, the functional classification of the road which the frontage
road fronts shall be used to determine maximum sign face area. The primary frontage shall be considered the portion
of any frontage containing the primary public entrance to the building or building units.
PROJECTED IMAGE SIGN
A type of sign that is a form of electronic display that projects images onto a screen or other flat surface, including
LCD and plasma displays.
Commented [RG1]: Need to add: “Sandwich Sign” and
description. There are businesses using portable
sandwich-signs on sidewalks in front of businesses.
Ref: Twin Arch Shopping Center. Sandwich signs are
already referenced in the code definition above for
“Portable Sign.”

READER BOARDS
A type of sign that permits different messages to be displayed at any one time by means of interchangeable lettering
or numbering.
SECONDARY FRONTAGE

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Town Code for Signage
Those frontages containing secondary public entrances to the building or building units facing a public street or
primary parking area that are not designated as the primary building frontage or shall include those frontages facing a
public street that are not designated as the primary building frontage.
SPONSORSHIP SIGNS
A sign which displays advertisement for sponsors of any event or facility, such as an athletic event or field, on the
location where the sign is located.
TEMPORARY SIGNS
A sign that is not permanently attached or designed to be permanently attached to the ground, a building, or a pole
staff or other permanent support anchored to a building or into the ground; includes a banner sign and a sign that is
affixed to a stake or rod driven into the ground without any other anchor, such as concrete; includes a sign that is
cardboard, paper or which is laminated, but does not include portable signs.
C. Signs, general provisions.
(1) No overhanging sign shall extend beyond the plane that runs parallel with, and is four feet out from, the
building facade. Measurement from the building facade shall begin from the edge of the front exterior structural
wall and not from any ornamental extension thereto.
(2) All signs on and in front of the building shall be immobile, nonflashing, and in no way resemble traffic signals
or other warning devices. They may be lighted indirectly or from within. Illuminated signs shall be so constructed
as to avoid glare or reflection on any portion of an adjacent highway or residential building.
(3) All freestanding signs shall be subject to 1/2 the setback requirements for the district in which located and
shall be so located and shall be so placed as to allow clear and ample visual sight lines for driveways leading into
a street and at intersecting streets and alleys.

Commented [RG2]: In the prior definition for “Feather
Flag Sign,” that definition describes those feather signs
as temporary. But those signs are not included here in
the Temporary Sign definition as an example.
Additionally, this current definition for “Temporary
Signs” appears to exclude “portable signs” … which
would incl “sandwich signs.” Lastly, the inclusion of a
definition for “Temporary Signs” isn’t matched with a
similar definition for “Permanent Signs.” By giving a
definition for “Temporary Signs,” it seems that the 2
cataegories of possible signage are “Permanent” and
“Temporary.” So perhaps the signage updates may
wish to consider starting with those 2 broad categories
and then define what sign possibilities exist in each of
the 2 categories.

(6) The area of a sign shall be the product of its greatest horizontal and vertical dimensions measured over its
entire face, including background and borders, but excluding supports; provided that where a sign consists only of
lettered, figured, pictorial matter, device or representation applied directly to the surface of a building, without
special background or border, then its area shall be determined by measuring the overall length and height of the
lettering or other matter.

Commented [RG3]: Note that this code entry uses a
new term, “immobile.” That new term seems
synonymous with “permanent,” but that’s unclear.
Further, this text would seem to prohibit ANY “portable
signage (e.g. feather flags, sandwich boards, etc.). If
the Council regards portable sandwich boards
acceptable, then this text would need to be modified
because in its current form, all signs on and in-front-of
a building must be permanent.

(7) Nonconforming signs may continue to exist but must be brought into conformance with any change in size or
location which was previously approved by the Zoning Administrator or Planning Commission.

Commented [RG4]: Here, again, is a new term …
“freestanding.” Does that term align with “permanent”
or “temporary?”

(4) In no case shall any sign attached to a building project more than three feet above the roofline.
(5) A freestanding sign shall not exceed 25 feet in height above the average grade of the road on which it faces.

(8) A V-shaped sign shall be considered as one sign, so long as the interior angle does not exceed 30°. Such sign
shall not be located within 200 feet of a principal building on an adjoining lot.
(9) Prohibited signs and devices. Unless expressly permitted elsewhere, the following signs and devices are
specifically prohibited:
(a) Abandoned or dilapidated signs.
(b) Beacon/searchlight.
(c) Billboards, stationary or mobile.

Commented [RG5]: Some businesses have
advertising on the side of a box truck, which is parked
in public parking or on public roadways adjacent to the
business. These “signs” are indeed mobile and can be
billboard-size, but such signs are not specifically
described in the Code.

(d) Flashing signs.
(e) Off-site signs (except as otherwise permitted in this section).
(f) Portable signs (except as otherwise permitted in this section).
(g) Balloon and inflatable signs.

3

Town Code for Signage
(h) Projected image signs, except for menu boards at drive-through fast food restaurants.

Commented [RG6]: The term “projected image signs”
has been troublesome. Some regard these as signs
from an actual light projector (such as a outdoor movie
projector). Others regard the ,term as any sign with an
electronic display. Lastly, the phrase “except for menu
boards” leads one to believe the term is really moreso
a “box sign,” since many drive-thru menu boards are
static flat surfaces lit from behind within an enclosure.

(i) Signs that are obscene, contain curse words, are vulgar or graphic.
(j) Handwritten permanent signs.
(k) Lighted box signs.
(l) Signs attached to utility poles or street signposts, unless otherwise permitted herein or authorized by the
Town.
(m) Signs advertising a tobacco shop, vape shop, cannabis business or hemp business that flash, are neon
(i.e., constructed from fluorescent lights), or are constructed with light-emitting diodes ("LED"); or that contain
anything other than essential text as permitted in § 112-62F(30)(g). Displays, moving or still imagery, logos,
branded colors, mottos, selling messages, displays of product including cannabis, hemp, tobacco, vape
products, cigarettes, electronic cigarettes, pipes, paraphernalia, or any implement or act of smoking, vaping or
consumption are prohibited). [Amended 11-6-2023 by Ord. No. 2023-39]
(n) Any signage visible from the exterior of any business or building advertising the sale of tobacco or vaping
materials (including Delta-8 tetrahydrocannabinol and kratom), or any products associated with the use of
tobacco or vaping (e.g., electronic cigarettes, pipes, or paraphernalia) not in compliance with
Subsection C(9)(m) above. [Added 11-6-2023 by Ord. No. 2023-39]
(o) Signs not expressly permitted.

Commented [RG7]: This term, “lighted box signs” has
been troublesome. All thru the Town we see examples
of sign enclosures, or “boxes”, which are illuminated
within to enable the display of text and artwork on a flat
surface (which is on one or more sides of that box).
Many sign applications are indeed such enclosures and
the PC has not been stringent on prohibiting such
applications since there is much precedence in allowed
signage of this construction. So this term needs to be
re-looked and removed from the “Prohibited” list.
Commented [RG8]: This prohibition of flashing signs
specifically regarding tobacco, vape, and
cannabis/hemp businesses is odd given the fact that
C.(2) states there can be no flashing signs plus
C.(9).(d) prohibits “Flashing signs”. Perhaps this text
specifically for these specific businesses is to
underscore the prohibition of flashing signs?

[Added 11-6-2023 by Ord. No. 2023-39]

(10) Exemptions. This section does not relate to building design, nor does it regulate the following:
(a) Official traffic or governmental signs;

Secondly, as of 8/10/26, there is a business in Twin
Arch Shopping Center in violation of this paragraph.

(b) Customary maintenance;

Commented [RG9]: This allowance of “Window
displays” has caused issues. Many businesses
apparently use this exemption as their reason to cover
the interior side of windows with various advertising;
both printed posters and electronic signs hanging
directly against the window on the inside. None of
these “window displays” are ever included in a sign
application because the Code says they are OK (i.e.
exempt). Additionally, many businesses add lighted ...

(c) Window displays;
(d) Product dispensers;
(e) Scoreboards on athletic fields;
(f) Sponsorship signs at athletic fields or other related venues;
(g) Flags of any nation or government;

Commented [RG10]: This exemption for
“commemorative signs” should be re-thought. The PC
has had an application from a business who desired to
build an entrance monument sign with an incorporated
plaque to the original property owner. That feature (the
plaque) was appropriately included in the overall sign
application. So be careful when exempting such
features, please.

(h) Commemorative signs, tablets, or plaques;
(i) Signs required to be maintained by law or governmental order, rule, or regulation;
(j) The display of street numbers;
(k) Signs or displays on service or delivery vehicles in their normal performance of businesses.
(11) To the extent that two or more provisions herein can be read to govern the size, quantity, location and/or
restrictions of a sign and are in conflict, the provision that more specifically applies to the type and location of the
sign shall govern. If two or more provisions equally apply to the type and location of a sign, the more restrictive
provision shall apply.
D. Signs in RE, R1 to R7 Districts. The following signs are permitted on private property in the RE, R1, R2, R3, R5,
and R7 Zoning Districts in the Town of Mount Airy:
(1) For properties within a residential zoning district used in part commercially pursuant to a special exception,
while still being used as a residence with the exception of accessory or family apartments, or on property used as
a boarding house or nonresident professional office, permanent unlighted or indirectly lighted signs not to exceed
two square feet in size which are approved by the Planning Commission for design, size and location as a part of
the site plan process.

4

Commented [RG11]: This text goes back to a prev
comment regarding box trucks (or similar) which are
“wrapped” with a businesses advertising and parked in
a large public parking lot, parked near the business, or
mobile and transiting the Town’s roads. In all of these
instances, the box truck is indeed “advertising” with
signage that is more than a small sedan magnetic door...
Commented [RG12]: This sentence may be confusing.
For these zoning districts it says that the dwellings in
those residential districts must be used as a residence
… but then gives an exception to those instances
where a “nonresident professional office” exists. On
the one hand the code requires the dwellings be
residences and then gives an exception to such
...

Town Code for Signage
(2) Permanent signs approved by the Town Planning Commission as a part of the site plan process at or near the
entrances of subdivisions, golf courses, public and private parks, playgrounds, recreational properties or facilities,
cemeteries, nature study preserves and reservations, nursery schools, child-care centers, public utility buildings,
veterinarian clinics, churches, schools, libraries, clubs or fraternal and service organizations, community centers,
fire and rescue stations, public buildings, convalescent or nursing homes, and elderly housing that do not exceed
120 square feet in size. However, the Zoning Administrator shall have the discretion to reduce the square footage
in consideration of neighboring aesthetics and health and safety.
(3) Temporary signs approved by the Zoning Administrator displayed on a single residential lot that are no greater
than six square feet in size, except that real estate signs advertising the sale of the property do not require
approval of the Zoning Administrator.

Commented [RG13]: In this sub-paragraph are
numerous examples of buildings and uses which are all
not allowed within the Para. D text which it falls under
(namely RE, R1 to R7 districts).So it is unclear as to
why “(2)” is placed under “D.”
Commented [RG14]: Should this say, “…advertising
the sale or renting of the property…”?
Also, oftentimes we see in residential zones a sign
advertising a remodeler, roofer, or similar. These signs
(particularly the remodeler signage) can be large and
can be installed for several weeks, or months
(depending on the scope of the homeowner’s project).
There needs to be more guidance on such signage to
address their size and allowed duration within a
residential zone.

(4) Temporary signs approved by the Zoning Administrator displayed at the entrance of a subdivision that are no
more than 100 square feet in size, except that off-premises real estate signs described in
Subsection N(1)(b) below do not require approval by the Zoning Administrator.
(5) Temporary signs approved by the Zoning Administrator located on property at which an upcoming event is to
take place no larger than 50 square feet, except that off-premises real estate signs described in
Subsection N(1)(b) below do not require approval by the Zoning Administrator.
(6) A single banner sign approved by the Zoning Administrator, and for which a permit is issued, subject to the
special provisions set forth below, not to exceed 24 square feet.
(7) A single flag not to exceed three feet by five feet approved by the Zoning Administrator, and for which a permit
is issued, for display during operating hours.
(8) Pennant/streamers that are approved by the Zoning Administrator, and for which a permit is issued, no larger
than eight feet in length.
(9) In addition to the signs prohibited in all zoning districts, portable and living or human signs are prohibited in
residential districts.
E. Signs in Conservation Zone. The following signs are permitted on private property in the Conservation Zone in
the Town of Mount Airy:
(1) In addition to the signs permitted in Subsection C above, and the restrictions on such signs contained therein,
a sign approved by the Zoning Administrator located in front of or at the entrance to a farm in the Conservation
Zone is permitted up to but not exceeding 10 square feet.
(2) Permanent signs approved by the Planning Commission as a part of the development plan approval process
at or near the entrances to water supply works, flood control or watershed protection works, fish and game
hatcheries and nature study preserves and reservations not to exceed 18 inches by 24 inches.
F. The following signs are permitted on private property in the commercial districts in the Town of Mount Airy:
(1) Permanent signs approved by the Planning Commission located or to be located on residences, or that portion
of property on which a residence exists, that adhere to the requirements of, and restrictions set forth in
Subsection D above, except as set forth below with respect to professional office locations.
(2) Permanent marquis or monument signs that are approved by the Planning Commission as to design, size and
location as a part of the site plan process that are located at or near the entrance to or otherwise in front of a
professional office as follows:
(a) The total area for all attached signs per use or business on the premises shall not exceed one square foot
per building front foot or frontage per premises with a maximum size of 200 square feet (per individual sign) as
provided below:
[1] The frontage of any building unit shall include the elevation facing a public street, facing a primary
parking area for the building or tenants, or containing the public entrance to the building or building units.

5

Commented [RG15]: This text which uses the text
“sign approved by the Zoning Administrator” and then
“…and for which a permit is issued” tends to make a
reader wonder if there are some sign approvals which
DO require permits and then other sign approvals
which DO NOT require permits.This paired-text
between “approval” and “permits” is seen again in the
text below this example. If ALL sign approvals result in
a permit, then perhaps this pair-text is unnecessary?
However, if there are cases where a sign approval
DOESN’T require a permit, then clarity is need for such
non-permitted sign applications.

Town Code for Signage
[2] A principal building or building unit(s) with more than one frontage, such as a building located on a
through lot or corner lot, shall be allowed to add to its signage calculations the secondary frontage equal to
the signage allotment rate of the primary frontage. However, if secondary signage is used, this signage
must be located and oriented toward the secondary frontage.
(3) Permanent signs that are approved by the Planning Commission as to design, size and location as a part of
the development plan approval process that are located at or near the entrance to, or otherwise in front of,
individual professional offices that are no larger than four square feet.
(4) Portable signs that are approved by the Planning Commission as to design, size and placement and subject to
the special provisions set forth below.
(5) Permanent signs, except portable signs, that are approved by the Planning Commission as to design, size and
location located on property on which a business or service is, or multiple businesses or services are, conducted
as follows:
(a) The total area for all attached signs per use or business on the premises shall not exceed one square foot
per building front foot or frontage per premises with a maximum size of 200 square feet (per individual sign)
as provided below:
[1] The frontage of any building unit shall include the elevation facing a public street, facing a primary
parking area for the building or tenants, or containing the public entrance to the building or building units.
[2] A principal building or building unit(s) with more than one frontage, such as a building located on a
through lot or corner lot, shall be allowed to add to its signage calculations the secondary frontage equal to
the signage allotment rate of the primary frontage. However, if secondary signage is used, this signage
must be located and oriented toward the secondary frontage.
(b) A permanent sign approved by the Planning Commission as to size, design and location at or near the
entrance to a shopping center or other integrated group of commercial buildings no larger than 150 square
feet in area, which shall be subject to setback requirements for the district in which located.
(c) A single freestanding sign approved by the Planning Commission as to size, design and location which
does not exceed 50 square feet per road frontage to a maximum of 150 square feet, except that where
commercially zoned property adjoins residentially zoned property, no freestanding sign shall be placed within
100 feet of the residentially zoned property.
(d) Reader boards on a freestanding sign approved as to design, size and location by the Planning
Commission subject to the Special Provisions below.
(6) Permanent signs approved by the Town Planning Commission at or near the entrances of subdivisions, golf
courses, public and private parks, playgrounds, recreational properties or facilities, cemeteries, nature study
preserves and reservations, nursery schools, child-care centers, public utility buildings, veterinarian clinics,
churches, schools, libraries, clubs or fraternal and service organizations, community centers, fire and rescue
stations, public buildings, convalescent or nursing homes, and elderly housing that are no more than 120 square
feet in size.
(7) Temporary signs approved by the Zoning Administrator displayed at the entrance of a subdivision not to
exceed 100 square feet in size, except that off-premises real estate signs described in Subsection N(1)(b) below
do not require approval by the Zoning Administrator.
(8) Temporary signs approved by the Zoning Administrator located on property at which an upcoming event,
activity, service, product or sale of limited duration is to take place not to exceed 50 square feet, except that real
estate signs advertising the sale of the property and off-premises real estate signs described in
Subsection N(1)(b) below do not require approval by the Zoning Administrator.
(9) Banner signs approved by the Zoning Administrator, and a permit issued for each banner sign, but not to
exceed 24 square feet and subject to the special provisions below.
(10) Pole banners approved by the Planning Commission as to size, design and location that are no greater than
10 square feet, with a limit of two banners per pole and which are at least 12 feet above grade. Pole banners may

6

Town Code for Signage
only be attached to parking lot light poles on private property with an approved site development plan detailing the
location, size, and quantity of pole banner signage. Pole banners may have periodic changes in copy without
submittal for an amended site development plan, provided there is no change to the location, size or quantity of
signage.
(11) A single flag approved by the Zoning Administrator that is no larger than three feet by five feet.
(12) Pennants/streamers approved by the Zoning Administrator which shall count against and be a part of a total
sign allocation of 50 square feet per road frontage not to exceed 150 square feet.
(13) Living or human signs subject to the special provisions below.
(14) Notwithstanding the other provisions of this subsection, the following signs are not permitted in the
Downtown Zone (DTZ) that front onto Main Street or Center Street:
(a) Living or human signs.
(b) Feather flags.
(15) Any sign allowed on private property in the Downtown Zone or the Historic District must follow the design
standards for business signs as printed in the 2010 copy of Design Guidelines: Rehabilitation of Historic
Properties in Town of Mount Airy, Maryland, or any successor version thereof and as amended from time to time.
G. The following signs are permitted on private property in the Industrial and Office Park Employment (OPE)
Zoning Districts in the Town of Mount Airy:
(1) Permanent marquis or monument signs approved by the Planning Commission as a part of the development
plan approval process that are located at or near the entrance to an industrial plant not to exceed 50 square feet.
(2) Permanent signs that are approved by the Planning Commission as to design, size and location as a part of
the development plan approval process that are located at or near the entrance to, or otherwise in front of,
individual professional offices that are no larger than four square feet.
(3) Portable signs that are approved by the Planning Commission as to design, size and placement subject to the
special provisions set forth below.
(4) Permanent signs, except portable signs, that are approved by the Planning Commission as to design, size and
location located on property on which is located a business, or service, or on which multiple businesses or
services are conducted as follows:
(a) The total area for all attached signs per use or business on the premises shall not exceed one square foot
per building front foot or frontage per premises with a maximum size of 200 square feet (per individual sign)
as provided below:
[1] The frontage of any building unit shall include the elevation facing a public street, facing a primary
parking area for the building or tenants, or containing the public entrance to the building or building units.
[2] A principal building or building unit(s) with more than one frontage, such as a building located on a
through lot or corner lot, shall be allowed to add to its signage calculations the secondary frontage equal
to the signage allotment rate of the primary frontage. However, if secondary signage is used, this signage
must be located and oriented toward the secondary frontage.
(b) A marquis or monument sign approved by the Planning Commission as to size, design and location at or
near the entrance to an industrial park, or other integrated group of buildings, no larger than 150 square feet
in area, which shall be subject to setback requirements for the district in which the property is located.
(c) A single freestanding sign approved by the Zoning Administrator as to size, design and location which
does not exceed 50 square feet per road frontage to a maximum of 150 square feet, except that where
industrially or OPE zoned property adjoins residentially zoned property, no freestanding sign shall be placed
within 100 feet of the residentially zoned property.
(d) Reader boards may be permitted on a freestanding sign subject to the special provisions below.

7

Town Code for Signage
(5) Permanent signs approved by the Town Planning Commission at or near the entrances of subdivisions, golf
courses, public and private parks, playgrounds, recreational properties or facilities, cemeteries, nature study
preserves and reservations, nursery schools, child-care centers, public utility buildings, veterinarian clinics,
churches, schools, libraries, clubs or fraternal and service organizations, community centers, fire and rescue
stations, public buildings, convalescent or nursing homes, and elderly housing that are no more than 64 square
feet in size. However, the Zoning Administrator shall have the discretion to reduce the square footage in
consideration of neighboring aesthetics and health and safety.
(6) Temporary signs approved by the Zoning Administrator displayed at the entrance of an industrial or office park
that are no more than 100 square feet in size subject to the special provisions set forth below, except that offpremises real estate signs described in Subsection N(1)(b) below do not require approval by the Zoning
Administrator.
(7) Temporary signs approved by the Zoning Administrator located on property at which an upcoming event,
activity, service, product or sale of limited duration is to take place not to exceed 50 square feet subject to the
special provisions set forth below, except that real estate signs advertising the sale of the property and offpremises real estate signs described in Subsection N(1)(b) below do not require approval by the Zoning
Administrator.
(8) Banner signs approved by the Zoning Administrator, and for which a permit is issued, subject to the special
provisions set forth below, not to exceed 24 square feet.
(9) Pole banners approved by the Planning Commission as to size, design and location that are no greater than
10 square feet, with a limit of two banners per pole and at least 12 feet above grade. Pole banners may only be
attached to interior parking lot light poles, without road frontage, on private property with an approved site
development plan detailing the location, size, and quantity of pole banner signage. Pole banners may have
periodic changes in copy without submittal for an amended site development plan provided there is no change to
the location, size or quantity of signage.
(10) A single flag approved by the Zoning Administrator that is no larger than three feet by five feet.
(11) Pennants/streamers approved by the Zoning Administrator which shall count against and be a part of a total
sign allocation of 50 square feet per road frontage not to exceed 150 square feet.
(12) Living or human signs approved by the Zoning Administrator subject to the special provisions below.
H. Special provisions for temporary signs.
(1) Temporary signs shall not be placed more than 30 days before any construction, event, activity, service,
product or sale of limited duration described in the sign.
(2) Temporary signs shall be taken down and removed the later of:
(a) Within seven days after the conclusion of the construction, event, activity, service, product or sale of
limited duration that is the subject matter of the sign; or
(b) Within 30 days after the sign was placed.
(3) Temporary signs in the same location concerning an event, activity, service, product or sale of limited duration
on the premises may not be posted more than three times per year, except that off-premises real estate signs
described in Subsection N(1)(b) below do not require approval by the Zoning Administrator.
(4) Sign text and graphics are to be preprinted on weather-resistant material, the size of which shall not exceed
two feet by three feet, and temporary signs shall not be posted on utility poles, traffic control devices or signs or
existing signs or structures.
I. Special provisions for banner signs.
(1) Banner signs may be attached to buildings, fences, structures, or mounted on stakes in the ground.
(2) One banner sign shall be permitted per property or business.

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Town Code for Signage
(3) Banner signs which are solely erected by a Mount Airy based youth athletic association for the sole purpose of
informing the public of an upcoming sports team registration event may be placed up to 45 days prior to the
beginning of the registration event and must be taken down no later than seven days after the conclusion of the
event. Sign text and graphics are to be preprinted on weather-resistant material, the size of which shall not
exceed three feet by eight feet.
J. Special provisions for feather flag signs.
(1) Feather flag signs shall be no greater than 3.5 feet in width (at the widest point) and up to 12 feet in height.
The height shall be measured at grade and include the full length of the supporting pole.
(2) The number of feather flag signs is limited to one every 50 linear feet of road frontage, but shall be subject to
the discretion of the Zoning Administrator as to aesthetics and health and safety.
(3) A maximum of four signs per road frontage shall be permitted.
(4) Feather flags cannot be on display any sooner than two hours after the business opens and must be taken
down no later than 30 minutes prior to closing.
(5) Within any given calendar week, feather flags cannot be on display for more than five of those days.
K. Special provisions for living or human signs.
(1) Living or human signs require a permit issued by the Zoning Administrator.
(2) Living or human signs are restricted to the property of the business that is being advertised or within six feet of
the right-of-way immediately adjacent to the property of the business that is being advertised. The human sign
shall not be permitted off site or within the right-of-way immediately adjacent to the property.
(3) Living or human signs are restricted to a maximum of two times per calendar year for no more than two
consecutive days.
(4) Permits must be issued at least seven days in advance of the days in which the human sign will be used.
(5) The sign area shall not exceed three square feet in size.
L. Special provisions for portable signs.
(1) Portable signs shall be no greater than three feet in height with a width not to exceed the greater of 1/2 of the
sidewalk upon which they are displayed or three feet.
(2) Portable signs must be displayed directly in front of the business and within 10 feet of the business.
(3) Portable signs must be set back at least two feet from the road or property line, except that where the property
adjoins a residential zone, no portable signs shall be placed within 100 feet of residentially zoned property.
(4) Portable signs may be displayed only during normal business hours and may not impede foot traffic or create
any safety issues.
M. Special provisions related to reader boards on freestanding signs.
(1) Reader boards will be included in total area allowed for a freestanding sign.
(2) Letters may be manually attached or electronically remote controlled.
(3) Periodic changes of messages are allowed; however, boards shall not have flashing, blinking, fading or
moving messages of any type.
N. Off-premises commercial signs.
(1) Signs advertising a commercial business, service or product not located on the same physical site as the
business are prohibited except the following signs that otherwise comply with the requirements of this section:

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Town Code for Signage
(a) A contractor may post a sign advertising his/her/its services at a location where the contractor is
performing work for so long as the work is in progress, not to exceed six continuous months. The Zoning
Administrator may approve one additional extension of no more than six months.
(b) A real estate agent may post the following signs, without any balloons attached:
[1] No more than two temporary signs, limited to one on each road on which the property fronts,
advertising the real estate agent's services at a location where the real estate agent holds a listing for real
property, from the date that the real estate agent first lists the property until the listing expires or is
terminated or until closing on the sale is completed, whichever shall first occur;
[2] No more than two directional signs directing the public to the property listed at each of the nearest
intersections on each side of the property, from the date that the real estate agent first lists the property
until the listing expires or is terminated or until closing on the sale is completed, whichever shall first
occur; and
[3] No more than a total of two open house signs for any property that the real estate agent lists at each
of the nearest intersections on each side of the property, starting one business day before the open house
begins and until the open house concludes.
(c) A sign that advertises a charitable Town or community event or fundraiser that lists or displays the logo or
other trademark of the commercial business as a sponsor or other contributor to the event.
(d) Signs on vehicles indicating the name of a business, when the vehicle remains stationary off premises and
for display of such a sign.
(e) Temporary signs not otherwise prohibited by this section to be placed in a commercial district, other than
the Downtown Zone, or in the Industrial or Office Park Employment District, that the Zoning Administrator
approves as to size, quantity, location, design and duration taking into consideration the following factors:
[1] Aesthetics;
[2] Safety;
[3] Whether the property location where the commercial activity to be advertised off premises should be
sufficient to advertise the commercial activity compared to whether the temporary off-premises
commercial sign would uniquely promote the commercial activity; and
[4] Whether the proposed off-premises advertisement is connected to a specific commercial event such
as a sale.
O. In evaluating the location and design of proposed sign, the following may be considered by the Town:
(1) Safety, including site lines for motor vehicles.
(2) Whether a proposed sign unduly impairs the visibility of lawful signs on neighboring properties.
(3) Whether the proposed location and design are aesthetically and architecturally consistent with neighboring
properties, the historic area, if applicable, the zoning district in which it is to be located, the architecture of the
improvements located, or proposed to be located, on the property, and the Town's design guidelines.
P. Sign approvals.
(1) Except where otherwise indicated above, and except where a sign is a part of a site or subdivision plan under
consideration by the Planning Commission, all permanent signs must be approved, and a permit must be issued,
by the Zoning Administrator.
(2) All signs other than those that the Planning Commission approves as a part of the site plan process must be
approved, and a permit must be issued, by the Zoning Administrator, except that off-premises real estate signs
described in Subsection N(1)(b) do not require approval by the Zoning Administrator.

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Town Code for Signage
(3) With respect to any sign that the Planning Commission must approve under this section, the Planning
Commission may delegate to the Zoning Administrator its authority to approve and issue a permit for the sign.
(4) With respect to any sign that the Zoning Administrator must approve under this section, the Zoning
Administrator may refer the matter to the Planning Commission for review and a recommendation.
Q. The Planning Commission may grant a variation, in the case of a permanent sign, and the Zoning Administer
may grant a variation, in the case of temporary signs, as to an applicable size or quantity per property or business
restriction if the Commission or Administrator finds by a preponderance of the evidence that:
(1) That denial of a variation will result in hardship based upon some unique configuration or other characteristic
of the property;
(2) That granting the variation will promote commercial business and will be beneficial to the Town;
(3) That granting the variation will not impair sight lines, create an undue distraction to passing motorists traveling
at the speed limit, bicyclists or pedestrians, or will otherwise adversely impact safety; and
(4) That granting the variation will not unduly impair the view of other lawful signs on neighboring properties by
passing motorists traveling at the speed limit, bicyclists or pedestrians.
R. The Board of Appeals is authorized to condition the grant of any special exception upon signage that is
compliant with this section.
S. Removal of noncompliant signs. Signs that do not comply with the provisions of this section may be removed
pursuant to the provisions of Chapter 92, in addition to being subject to citation for municipal infraction pursuant to
§ 112-22A and any other remedies available to the Town under applicable law.

11

For:
Introduction and referral to PC: 10/5/26
Planning Commission Recommendation: ___
Public hearing: ____
Adoption: ____
Effective: ____ (upon expiration of 20 days after Mayor’s
approval or override of Mayor’s veto upon 4/5ths majority
vote of the Town Council)

THE TOWN OF MOUNT AIRY, MARYLAND
ORDINANCE NO. 2026-27
AN ORDINANCE TO AMEND THE FOLLOWING ARTICLES
AND SECTIONS OF PART II OF THE CODE OF THE TOWN OF MOUNT AIRY
ENTITLED “GENERAL LEGISLATION,”
CHAPTER 112 ENTITLED “ZONING”; ARTICLE IV ENTITLED “PROVISIONS
GOVERNING RESIDENTIAL DISTRICTS”; SECTION 112-23 ENTITLED “R-1
DISTRICT”
FOR THE PURPOSE OF CLARIFYING THAT PRIVATE PARKS USE IN THE R1
ZONE SHALL BE A SPECIAL EXCEPTION
WHEREAS, the Town Code, Section 112-23 governing the R-1 District, currently lists
as a use of right “[p]arks, playgrounds, golf courses, public and private recreational uses and
cemeteries[]”, but at the same time lists as a special exception “[p]rivate parks and recreational
facilities”, appearing to list private parks as both a use of right and a special exception use; and
WHEREAS, based upon the other residential district ordinances, it is believed that
Section 112-23 was intended to read that public parks and recreational facilities should be uses
of right in the R-1 District, whereas private parks and recreational facilities should be special
exception uses; and
WHEREAS, this ordinance was introduced to clarify the Town Code and bring Section
112-23 into consistency with the other Sections of Town Code related to residential districts by
the Town Council on October 5, 2026 and was referred to the Town Planning Commission for a
recommendation; and
WHEREAS, cemeteries will continue to be a use of right, but Section 112-23 is clarified
in this ordinance as such by separately listing cemeteries from parks and recreational facilities as
a use of right; and
WHEREAS, pursuant to the the Land Use Article of the Maryland Code, Section
20402(b)(1)(v) and Town Code, Section 112-67, the Town Planning Commission reviewed this
ordinance and at its regular meeting on _____________, 2026 voted to provide a
___________________ recommendation to the Town Council; and

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WHEREAS, pursuant to the Land Use Article of the Maryland Code, Section 2-203 and
the Town Code, Section 112-66A, the Town Council held a public hearing on this ordinance on
_______________, 2026, with due notice and opportunity to be heard.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN
OF MOUNT AIRY:
Section 1. That Chapter 112 of the Code of the Town of Mount Airy, Article IV, Section
112-23 be and is hereby amended as follows:
§112-23. R-1 District.
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B. Uses permitted in the R-1 District. No building or structure may be erected or used and no
lang may be used or occupied except for one of more of the following principal uses:
*

*

*

(2) Public Pparks, playgrounds, golf courses, and other public and private recreational uses
and cemeteries.
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*

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(6) Cemeteries.

C. Special exceptions in the R-1 District. The Board of Appeals may authorize the following
principal uses as special exceptions in accordance with the provisions of Article VIII, § 11262:
*

*

*

(10) Private parks and recreational facilities.
BE IT ENACTED AND ORDAINED BY THE AUTHORITY AFORESAID, that
this Ordinance shall take effect on the ___ day of _______, 2026 (upon expiration of 20 days
after approval by Mayor or upon override of Mayor’s veto by 4/5ths majority vote of the Town
Council).
Introduced the 5th day of October, 2026.
Enacted this ___ day of ___________, 2026 by a vote of ______ in favor and ______ opposed.
2 of 3 – Ordinance 2026-27 – to clarify that private parks use in the R1 Zone shall be a
special exception – for introduction on 10/5/26 and referral to Planning Commission

Commented [TM1]: If ordinance 2026-25 on Accessory
Dwelling Units passes before this ordinance, the word “principal”
will have been stricken from the Code.

ATTEST:
___________________________________ ___________________________________
Jason Evans, Secretary
Tim Washabaugh,
President of the Town Council

Approved this ___ day of _________________, 2026.
ATTEST:
___________________________________ ____________________________________
Jason Evans, Secretary
Tim Washabaugh, Acting Mayor
REVIEWED AND APPROVED AS TO LEGAL FORM AND SUFFICIENCY.
This ___ day of ______________, 2026.
_______________________________________
Thomas V. McCarron, Town Attorney

3 of 3 – Ordinance 2026-27 – to clarify that private parks use in the R1 Zone shall be a
special exception – for introduction on 10/5/26 and referral to Planning Commission