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Chincoteague City Zoning Code

ARTICLE VII

SIGNS

Sec. 7.1. - Introduction.

7.1.1. Signs constitute a separate and distinct use of the land upon which they are placed and affect the use of adjacent streets, sidewalks and property.

7.1.2. The provisions of this ordinance are made to establish reasonable and impartial regulations for all signs wherever placed out-of-doors in view of the general public or wherever placed indoors as a window and to further the objectives of the comprehensive plan; to protect the general public health, safety, convenience, and welfare; to reduce traffic hazards caused by unregulated signs which may distract, confuse, and impair the visibility of motorists and pedestrians; to ensure the effectiveness of public traffic signs and signals; to protect the public investment in streets, highways, and other public improvements; to facilitate the creation of an attractive and harmonious community; to preserve our natural, architectural and cultural uniqueness assets; to protect property values; and to further economic development.

(Ord. of 4-3-1995)

Sec. 7.2. - Definitions.

For the purpose of this ordinance, certain words and terms are defined as follows (words used in the present tense include the future, words in the singular include the plural, and the plural includes the singular).

7.2.1. Abandoned sign. A sign which no longer identifies a bona fide business, lessor, service, owner, product, or activity, time of event passed, and/or for which no legal owner can be found. The definition shall also include any sign structure which no longer supports the sign for which it was designed.

7.2.2. Address and name of resident. A sign indicating address and/or name of residential occupants of the premises, and not including any commercial advertising or identification. (Additional address numbers are permitted on structures).

7.2.3. Animated sign. A sign which uses movement or change of lighting to depict action, words, graphics, commercial message or creates a special effect or scene. Includes scrolling signs.

7.2.4. Awning sign. A sign placed directly on the surface of an awning.

7.2.5. Banner. A temporary sign that is mounted on or attached to any non-rigid surface such as cloth, fabric, or paper, vinyl or similar material.

7.2.6. Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more points not in the same zone as the light source; also light with one or more beams that rotates or moves.

7.2.7. Billboard. See "off-premises sign."

7.2.8. Bulletin board sign. A particular type pf changeable copy sign that displays copy in a casement made of glass or plexi-glass. See "changeable letter sign."

7.2.9. Canopy sign. A sign attached to a canopy.

7.2.10. Changeable letter sign. A sign that is designed so that characters and letters can be changed or rearranged without altering the face or surface of the sign.

7.2.11. Clearance (of a sign). The smallest vertical distance between the existing grade and the lowest point of any sign, including framework and embellishment.

7.2.12. Commercial message. Any sign, logo, or other representation that, directly or indirectly, names advertises, or calls attention to a business, product, service, or other commercial activity.

7.2.13. Directional sign. A sign that provides on-site directional assistance for the convenience of the public such as location of exits, offices, entrances, and parking lots. The name of the firm or business may be included on the sign.

7.2.14. Directory sign (commercial). A sign which displays the names and/or addresses of the establishments or uses of a building or group of buildings.

7.2.15. Directory sign (governmental). A sign erected, owned and maintained by the town within the public right-of-way to indicate to the traveling public the route and distance to public accommodations, facilities, commercial services and points of scenic, historical, cultural, recreational, educational or religious interest. Such signs shall conform to all applicable state regulations regarding the placement of signs in public rights-of-way.

7.2.16. Festoons. A string of ribbons, tinsel, or pinwheels used for commercial purposes not including not-for-profit, or charitable organizations.

7.2.17. First Amendment right signs. Any sign lawfully advocating any political, social, religious, or other cause or position of the person or persons exhibiting such, the content of which would be protected by such person or person's right to freedom of speech as defined under the First Amendment to the United States Constitution and/or Article I, Section 12 of the Constitution of Virginia, subject to the restrictions hereinafter provided. Such permitted signs shall not contain any message of a commercial nature and shall not direct attention to a business operated for profit or any entity operated on a non-profit basis, or to the sale or gift of any commodity or service, nor shall such exhibitor charge a fee therefore. Such signs shall be permitted both in residential and commercial districts. No such sign, or combination of signs, in a residential district shall exceed 32 square feet in area, exceed five feet in height, and shall comply with all applicable setbacks in such residential district. Any such sign or signs within a commercial district shall comply with all the criteria of section 7.12.1 as to size and location. Any such sign may be constructed of cardboard. Any such sign shall comply with all other applicable provisions of article VII, except as expressly excepted.

7.2.18. Flags (commercial). Any fabric, banner, or bunting, containing distinctive colors, patterns, or symbols or wording.

7.2.19. Flag (governmental). Any fabric, banner, or bunting, containing distinctive colors, patterns, or symbols, used as a symbol of a government political subdivision or other entity.

7.2.20. Flashing sign. Any sign that includes light(s) which flash, blink or turn on and off intermittently, including searchlights (not including time and temperature signs).

7.2.21. Freestanding sign. The general term for any on-site sign which is supported from the ground and not attached to a building.

7.2.22. Glaring signs. Signs with light sources or with such reflective or brightness qualities that they constitute a hazard or nuisance.

7.2.23. Handicapped parking space sign. Signs reserving parking spaces for handicapped motorists.

7.2.24. Height (of a sign). The vertical distance measured from the highest point of the sign, including any decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever ground elevation is less. (This is not the same as clearance).

7.2.25. Home occupation sign. A sign directing attention to a product, commodity or service available on the premises, but which product, commodity or service is clearly a secondary use of the dwelling.

7.2.26. Illegal sign. A sign that was constructed, erected or placed in violation of regulations that existed at the time it was built.

7.2.27. Illuminated sign. A sign illuminated in any manner by an artificial light source, whether internally or externally lit.

7.2.28. Inflatable sign. Any sign or advertising structure which uses air or gas to expand.

7.2.29. Incidental sign. A sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, whose purpose is secondary to the use of the zoned lot. No sign with a commercial message legible from a position off the zoned lot on which the sign is located shall be considered incidental.

7.2.30. Maintenance. The cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.

7.2.31. Mansard facade. A facade designed to replicate the mansard concept of design but which does not structurally support the wall to which it is attached and may extend above the actual roofline.

7.2.32. Marquee sign. A sign attached to and made a part of a marquee or any other similar projection from a building.

7.2.33. Monument sign. A freestanding sign with a base affixed to the ground which measures at least two-thirds the horizontal length of the sign.

7.2.34. Nonconforming sign. A sign that met all legal requirements when constructed but that is not in compliance with this ordinance. An illegal sign is not a nonconforming sign.

7.2.35. Off-premises sign. Any sign which is not located on the premises that it identifies or advertises.

7.2.36. Pennants. A 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.

7.2.37. Permanent sign. A sign which is permanently affixed into the ground or a building and meets the requirement of a structure under the Virginia Uniform Statewide Building Code.

7.2.38. Pinwheels. See "rotating signs."

7.2.39. Pole sign. A freestanding sign with a base at least seven feet above the ground which is supported from the ground by a pole or a similar support structure of narrow width.

7.2.40 Portable sign. A sign that is not permanently affixed to a building, structure, or the ground. This shall not apply to signs permitted under section 7.3.5 or 7.5. This definition shall not apply to menu or sandwich board signs on private property.

7.2.41. Projecting Signs. A sign which is supported by an exterior wall of a building and which is displayed perpendicular to the face of the building.

7.2.42. Roof sign. Sign mounted on and supported by the main roof portion of a building. Signs mounted on mansard facade shall not be considered to be roof signs.

7.2.43. Rotating sign. A sign in which the sign itself or any portion of the sign moves in a revolving or similar manner. Such motion does not refer to methods of changing copy.

7.2.44. Scrolling sign. See "animated sign."

7.2.45. Security and warning signs. On-premises signs regulating the use of the premises, such as "no trespassing," "no hunting," and "no soliciting."

7.2.46. Sexually graphic sign. Any sign containing any photograph, silhouette, drawing, or pictorial representation or description of any specified anatomical area or specified sexual activities as those terms are defined in this Code.

7.2.47. Sign. Any device which is visible from a public byway, and all supporting poles, brackets, braces, wires, foundations, etc., that displays letters, characters or graphics to identify a land use or is meant to attract the public's attention.

Any display of any letters, words, numerals, figures, devices, emblems, pictures or any parts of combinations thereof, by any means whereby the same are made visible for the purpose of making anything known, whether such display be made on, attached to or as a part of a structure, surface or any other thing, including, but not limited to, the ground, any rock, tree or other natural object, which display is visible beyond the boundaries of the parcel of land on which the same is made. A display of less than one square foot in area is excluded from this definition.

7.2.48. Sign structure. Includes the supports, uprights, bracing and framework of any structure, be it single- or double-faced or V-type or otherwise, exhibiting, illuminating, holding and/or supporting a sign.

7.2.49. Sign, temporary. See "temporary sign."

7.2.50. Simulated traffic signs and obstructions. Any sign which may be confused with or obstruct the view of any authorized traffic sign or signal, obstruct the sight distance triangle at any street intersection, or extend into the public right-of-way.

7.2.51. Snipe sign. A sign that is attached to a utility pole, tree, fence or any object located or situated on public property.

7.2.52.Street frontage. The side of a lot nearest the street. The frontage of a corner lot is the shorter of the two sides facing a street. Frontage may also be described as a distance, e.g. "The lot has 243 feet of frontage."

7.2.53. Temporary sign. A sign for the purpose of advertising during a limited period of time. See section 7.4 for permitted.

7.2.54. Temporary real estate signs. Temporary signs indicating the availability of real property for lease or sale, located on the premises being leased or sold.

7.2.55. Vending machine identification signs. Signs or decals identifying a product which is used for public convenience.

7.2.56. Vehicular signs. Any sign displayed on an inoperable vehicle and or watercraft, where the primary purpose of the vehicle and or watercraft is to advertise a product or business or to direct people to a business or activity.

7.2.57. Wall sign. A sign painted on or attached to a wall of a building and parallel to the wall.

7.2.58. Window sign. Any sign, picture, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is inside a window or upon the window panes or glass and is visible from the exterior of the window.

7.2.59. Yard sale signs. Sign advertising for a yard sale. See section 2.181 for definition of yard sale.

7.2.60. Sidewalk sign. Any portable or temporary sign used for commercial purposes placed on a sidewalk and/or public right-of-way.

7.2.61. Statues. A three-dimensional form or likeness sculpted, modeled, carved, or cast in material such as stone, clay, wood, or bronze.

7.2.62. Air or gas filled balloons. An inflatable object used to draw attention to a business.

7.2.63. Menu or sandwich board sign. A portable, usually freestanding sign which is generally two-sided and of "A" frame construction, located on the ground, easily movable, and not permanently attached thereto.

(Amended 4-3-1995, 11-7-2011)

Sec. 7.3. - Signs as a matter of right.

The following signs shall be permitted as a matter of right, and no sign permit shall be required:

7.3.1. Address and name of resident. Such sign shall not exceed four square feet in area.

7.3.2. Directional signs; private directional signs on site. Shall not exceed four square feet in area and shall not be located closer than five feet to any property line. The name of the firm or business may be included on the sign. See definition of directional signs.

7.3.3. First Amendment right signs. Such permitted signs shall not contain any message of a commercial nature and shall not direct attention to a business operated for profit or any entity operated on a nonprofit basis, or to the sale or gift of any commodity or service, nor shall such exhibitor charge a fee therefore. Such signs shall be permitted both in residential and commercial districts. No such sign, or combination of signs, in a residential district shall exceed 32 square feet in area or exceed five feet in height, and shall comply with all applicable setbacks in such residential district. Any such sign or signs within a commercial district shall comply with all the criteria of section 7.12.1 as to size and location. Any such sign may be constructed of cardboard. Any such sign shall comply with all other applicable provisions of article VII, except as expressly excepted.

7.3.4. Flags, emblems, and insignia. Of any governmental agency or religious, charitable, public or nonprofit organization.

7.3.5. Handicapped parking space sign. Such signs shall meet the minimum standards set forth by ADA.

7.3.6. Home occupation signs. Such signs shall not exceed four square feet in area and shall contain only the name of the business and/or business owner.

7.3.6.1.

Limited home occupation signs. Such sign shall not exceed four square feet in area and shall only identify business information and/or the business owner. There shall not be more than one sign permitted per dwelling. The sign shall be non-illuminated.

7.3.6.2.

Home occupation signs. Such sign shall not exceed four square feet in area and shall only identify business information and/or the business owner. There shall not be more than one sign permitted per dwelling. The sign shall be non-illuminated.

7.3.7. Private drive signs. On-premises private drive signs limited to one per drive entrance, not exceeding two square feet in area.

7.3.8. Public signs. Signs erected by government agencies or utilities including traffic, utility, safety, directional and identification signs for public facilities.

7.3.9. Security and warning signs. Such signs shall not exceed two square feet in area. On unimproved lots, signs shall not be closer than 50 feet to each other and shall not be placed within ten feet of any property line. On improved lots, signs shall be placed five feet or less from the structure protected. Signs shall not exceed four feet in height.

7.3.10. Vending machine identification signs. All identification shall be placed within the square footage of the vending machine unit.

7.3.11. Menu and sandwich board signs. Sign of not more than eight square feet shall be displayed on private property. Per this ordinance this sign type shall not constitute a "portable sign." Only one sandwich board allowed per business or home occupation.

(Amended 11-7-2011)

Sec. 7.4. - Temporary signs.

7.4.1. Permitted by right. The following temporary signs shall be permitted as a matter of right and no sign permit is required, except as noted, subject to the conditions specified, and the other provisions of article VII, as applicable. Use of banners, flags and pennants for the purpose of advertising home occupation business is prohibited in residential zoning districts.

7.4.2. Temporary real estate sign. A real estate sign is permitted provided such sign shall not exceed four square feet in area, and six feet in height and shall be located no closer than 15 feet from the edge of the established roadway. If the main structure is located less than 15 feet from the edge of the established roadway the sign may be placed at the midpoint between the main structure and the edge of the established roadway provided it is not in the public right-of-way. Display of such sign is limited to one per property. When a development contains four or more parcels/ units, the developer may choose to install one sign, in lieu of individual signs, not to exceed 32 square feet in area, and shall place the sign parallel with the right-of-way. Such sign shall be removed within 30 days of the settlement or lease of the property. One directional sign may be erected if the said property is not easily visible from the adjoining state road.

7.4.3. Vacation rental signs. A vacation rental sign for rentals less than 12 months to one tenant are permitted; such sign shall not exceed four square feet in area and shall be located within two feet of the structure. Display of such sign is limited to one per property. Sign shall not exceed six feet in height.

7.4.4. Banners. On-premises banners shall not be more than 32 square feet in area. No more than one banner per business or one per commercial building lot for each 100 linear feet, or less, of public road frontage shall be permitted, provided however for each additional 100 feet of public road frontage after the first 100 feet, an additional banner shall be permitted. Such placement shall not exceed two times per calendar year not to exceed four consecutive weeks for each placement. Non-profit organizations are exempt from the above time limit provided the banner is removed within seven days after the event has ended. Placement of such banners must comply with article VII of the ordinance. Banners shall not be placed closer than ten feet from any property line. A permit is required. Banners advertising and/or displaying vacation rentals, real estate and for sale are prohibited.

7.4.5. Political campaign signs. Owner of said parcel must give consent on the placement of such signs. Such signs shall not exceed 32 square feet in area and be located on private property. Political signs may not be placed in the sight distance triangle, and shall be removed no later than 14 days after the election has occurred.

7.4.6. Nonprofit or charitable organizations event signs. Any sign or signs for the purpose of advertising any event held by a nonprofit or charitable organization. Such signs or combination thereof shall not exceed 32 square feet in size and shall be permitted to be displayed only on private property for a period not to exceed seven consecutive days. Such signs, if located, at any intersection shall be set back a minimum of ten feet from the edge of the street for safety purposes. No sign shall be erected that will obstruct the sight distance triangle at any street intersection. A permit is required.

7.4.7. Construction, contractor and job site signs. One contractor sign, not exceeding 32 square feet in area, and subcontractors' signs not exceeding eight square feet in area each, when erected or displayed on the premises upon which building operations are being conducted; provided, that such signs shall be removed upon completion of the work. No sign shall be erected that will obstruct the sight distance triangle at any street intersection.

7.4.8. Special event signs. Signs announcing special events including but not limited to open houses, auctions, grand openings, new management and going out of business.

Each lot shall be limited to one of each of the following types of signs unless otherwise noted and does not count in the total allowed per lot or business.

A sign advertising auctions and grand openings may be erected seven days prior to the event and shall contain the date(s) of the event. Such sign shall not exceed 16 square feet in area. No permit is required.

A sign advertising going out of business, or new management shall be limited to once in a 12-month period for up to seven days. Such sign shall not exceed 16 square feet in area. No permit is required.

A sign for open houses may be erected up to six days prior to the open house if the sign contains the day of the week or the date of the open house or may be erected the day of the open house if it does not contain the day of the week or the date of such open house. Such sign shall not exceed four square feet in area. No permit is required.

All special event signs must be removed immediately following the event, shall be setback a minimum of 25 feet from the edge of the public right-of-way. No sign shall be erected that will obstruct the sight distance triangle of any street intersection.

7.4.9. Pony Penning sales signs. No more than four square feet (two feet by two feet) shall be permitted to be displayed no more than three days prior to the sale, to be located only on private property, without requiring any permits. Signs displayed under this section must be removed within 48 hours of the close of the sale activities.

7.4.10. Yard sale sign. Signs of not more than four square feet (two feet by two feet) shall be permitted to be displayed no more than three days prior to the sale, to be located only on private property. Signs displayed under this section must be removed within 48 hours of the close of the sale activities. No permit required.

7.4.11. Festoons (nonprofit and charitable organizations). May be allowed for groups and organizations that are established as 501C.

7.4.12. Pennants. There shall be no more than two 50-foot long pennants, or one 100-foot long pennant per business. Such placement shall not exceed two times per calendar year not to exceed two consecutive weeks for each placement. Nonprofit organizations are exempt from the above time limit provided the pennant or pennants are removed within seven days after the event has ended. Placement of such pennants must comply with article VII of this ordinance. Pennants shall not be placed closer than ten feet from any property line. A permit is required.

Pennants displaying the likeness of the American Flag are exempt from the above time and length limits. These pennants shall be no longer than the front facade of the main structure. The likeness of the American Flag must follow all the proper detail, proportions, and design as given in Executive Order 10834/Chapter 1 of Title 4 of the United States Code. Any such pennant shall comply with all other applicable provisions of article VII, except as expressly excepted. A permit is required.

(Amended 4-6-2009, 11-7-2011, 6-6-2016, 7-5-2016, 6-3-2019)

Sec. 7.5. - Construction and maintenance.

7.5.1. Building code compliance. All signs shall be constructed in compliance with the current Virginia Uniform Statewide Building Code.

7.5.2. General restrictions. Signs shall not be erected in or over a street or highway right-of-way, or on public land except as permitted in sections 7.3.9. and 7.11.

7.5.3. Condition of sign. All signs and components shall be maintained in good repair and in a safe, clean and attractive condition. Any sign found to be in disrepair, upon written notice, must be immediately removed by such owner. Failure to remove such sign shall result in legal action and, if applicable, the sign permit may be revoked.

Sec. 7.6. - Prohibited signs.

The following are expressly prohibited unless specifically stated otherwise in this ordinance:

7.6.1. Animated signs. (Defined 7.2.3). (See section 7.14 PSP public/semi-public district).

7.6.2. Flashing signs. (Defined 7.2.20).

7.6.3. Glaring signs. (Defined 7.2.22).

7.6.4. Portable signs. (Defined 7.2.40).

7.6.5. Simulated traffic signs and obstructions. (Defined 7.2.50).

7.6.6. Vehicular signs. (Defined 7.2.56).

7.6.7. Sidewalk signs. (Defined 7.2.60).

7.6.8. Air or gas filled balloons and inflatable objects. Balloons and inflatable objects not exceeding ten cubic feet in volume are exempt from this regulation provided no commercial message is displayed on such balloon(s).

7.6.9. Beacons. (Defined 7.2.6).

7.6.10. Rotating signs. (Defined 7.2.43).

7.6.11. Pinwheels for commercial use. (Defined 7.2.38).

7.6.12. Sexually graphic signs. (Defined 7.2.46).

7.6.13. Statues, placed for or with a commercial message used for the purpose to draw attention to a particular business exceeding four feet in height, three feet in width and/or three feet in length. (Defined 7.2.61).

7.6.14. Changeable letter signs either freestanding or stand alone. (This shall not include changeable letter signs incorporated in an approved freestanding sign as identified in section 7.13.1.12). (Defined 7.2.10).

7.6.15. Off-premise signs. (Defined 7.2.35).

7.6.16. Snipe signs. (Defined 7.2.51).

7.6.17. Festoons. (Defined 7.2.16).

(Amended 4-6-2009, 5-7-2018)

Sec. 7.7. - Nonconforming signs.

Any sign which does not conform to the provisions herein as of the effective date hereof or subsequent amendment.

7.7.1. A nonconforming sign lawfully existing at the time of adoption or subsequent amendment may continue although such a sign does not conform to the provisions of this ordinance, however, it shall not be enlarged, or structurally altered in any way excluding general maintenance, except to conform to the requirements of this chapter.

7.7.2. A change in property ownership, requires that a non-conforming sign be removed or brought into compliance of article VII within one year of a change in property ownership,. Whenever the property ownership, changes the new owner, shall be required to remove, change or alter such signs to conform to this chapter. For purposes of this ordinance area and height requirements must be brought into conformity; however location or setback requirements will not be applicable to this section.

Sec. 7.8. - Protection of first amendment rights.

Any sign, display, or device allowed under this ordinance may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit or to a commodity or service for sale, and that complies with all other requirements of this ordinance.

Sec. 7.9. - Removal.

7.9.1. Illegal signs. The zoning administrator or his designee may order the removal of any sign not in conformance with the provisions of this ordinance at the expense of the sign owner or lessor, after giving the owner or lessor written notice of such violation and giving notice to correct such violation within ten days from date of receipt of said notice by registered or certified mail at the last known address.

7.9.2. Immediate peril. If the zoning administrator shall find any sign which is an immediate peril to persons or property, the sign shall be removed by owner immediately. If the zoning administrator cannot locate the sign owner or lessor for immediate removal of the sign, he shall be empowered to order the removal of the sign at the expense of the sign owner or lessor.

7.9.3. Abandoned signs. Any business advertising products or services which are no longer available shall remove such signs within two years. Such signs will be identified as "abandoned" by the zoning administrator or his designee and shall be removed by the property owner within 60 days of notification by certified letter.

Sec. 7.10. - Variances.

See article VIII of the zoning ordinance.

Sec. 7.11. - Generally.

The regulations in this section specify the number, types, sizes, heights and locations of signs which are permitted within the jurisdictional boundaries of the town and which require a permit. Any sign regulations incorporated into a development plan approved by council may supersede all or part of this section.

Unless otherwise provided in this chapter, all signs shall be set back a minimum of ten feet from the right-of-way, unless attached to a building without any ground supports, in which case it shall conform with the required size restrictions and not protrude into any right-of-way unless a land use permit is obtained from the town.

All permitted signs in this chapter shall only advertise those uses being conducted on the premises on which they are displayed.

7.11.1. Determination of sign area. In measuring the area of signs permitted under these regulations, the entire face of the sign (one side only) and any wall work incidental to its decoration shall be included. Where both sides of a sign contain lettering or other allowable display, one side only shall be used to compute the allowable size of the sign. Where the sign consists of individual raised letters or a sign face of irregular shape, the sign area shall include the area of the smallest rectangle that can encompass the letters or sign face.

7.11.2. Determination of sign height generally. The height of a sign shall not exceed 12 feet in height. The height of all signs shall be the distance from the grade level where the sign is erected to the top of the sign. No sign shall be erected that will obstruct the sight distance triangle at any street intersection. roof signs shall be excluded from section 7.11.2.

7.11.2.1

Determination of sign height for wall signs. The height of a wall sign, as defined herein, in commercial district C-1 and commercial district C-2 may exceed 12 feet in height measured from grade level or base flood elevation, whichever is greater, provided such sign is affixed as hereinafter provided to the primary structure on such premises and remains below the eaves of the roof of such main structure. Any such sign shall comply with all applicable square footage and other requirements as are otherwise provided in article VII.

7.11.3. Installation of wall signs. All wall signs shall be installed flat against the wall of a building and shall not extend from the wall more than 18 inches.

7.11.4. Sign illumination.

(1)

Externally lit signs shall be illuminated only with steady, stationary, fully shielded light sources directed solely onto the sign without causing glare.

(2)

External illumination for signs and outdoor advertising structures in which electrical wiring and connections are to be used shall require a permit and shall comply with the Virginia Uniform Statewide Building Code and approved by the building inspector.

(3)

The fixtures and source(s) of illumination used to illuminate signs shall not be directed toward nearby residential properties.

(4)

Illumination of a grandfathered off premise sign is prohibited.

7.11.5. Other uses. In cases where the regulations within this section do not specifically address a sign requested in conjunction with a permissible use, the zoning administrator shall make a written interpretation of the ordinance, which shall be kept in the permanent record for that application.

(Ord. of 4-4-1994; Amended 8-1-2011)

Sec. 7.12. - Residential districts.

Within residential districts, permits are required for all allowed signs. All signs must conform to the following criteria:

7.12.1. Single-family subdivision identification signs. Signs that identify the name of a single-family residential subdivision, located at any street entrance to the subdivision, shall be erected as follows:

(1)

Number: one per main entrance, not to exceed two per subdivision.

(2)

Type: monument.

(3)

Maximum size and height: 32 square feet in area and five feet in height.

(4)

Minimum setback: ten feet from any property line and outside of all visibility triangles.

7.12.2. Multifamily complex signs. Signs that identify the name and/or address of an apartment, townhouse, condominium or other multifamily residential complex, located at any street or private drive entrance to the complex, shall be erected as follows:

(1)

Number: one per main entrance, not to exceed two per complex.

(2)

Type: monument.

(3)

Maximum sizes and heights: 32 square feet in area and five feet in height.

(4)

Minimum setback: ten feet from any property line and outside of all sight visibility triangles.

7.12.3. Accessory management or rental office signs. Signs that identify an accessory management or rental office shall be erected as follows:

(1)

Number: one.

(2)

Type: wall.

(3)

Maximum size and height: six square feet in area and located below the roof line.

Sec. 7.13. - Commercial districts.

Within a commercial district, all business signs require a permit unless specifically exempted hereunder and are subject to the following provisions:

7.13.1. Lot of record occupied by one business with existing license issued by the town.

The number of signs for a permitted business on a lot of record with one main structure occupied by a single permitted business shall be limited to two, not including incidental, directory, or directional signs, unless otherwise specifically provided for and permitted hereunder. The total combined square footage of all permitted signs shall not exceed 100 square feet in area. Sign bases not containing a commercial message are not included in the computation of area.

No sign shall exceed 64 square feet in area nor exceed a height equal to the lowest point of the roof of the structure to which it may be affixed, unless otherwise provided for and permitted under section 7.13.7, roof and mansard facade signs, and 7.13.8, freestanding signs.

Two additional signs shall be permitted not to exceed 25 square feet each if the main business structure faces more than one public street or a navigable waterway.

7.13.2. Lot of record occupied by a building containing more than one business, "multi-business main structure," with an existing business license issued by the town.

The number of signs for a permitted business on a lot of record with one main structure occupied by more than one permitted business, a multi-business main structure, shall be limited to two per business, not including incidental, directory or directional signs, unless otherwise specifically provided for and permitted hereunder.

The total combined square footage of all permitted signs for such businesses shall not exceed 100 square feet in area. Sign bases not containing a commercial message are not included in the computation of area.

No sign shall exceed 64 square feet in area per business, nor exceed a height equal to the lowest point of the roof of the structure to which it may be affixed, unless otherwise provided for and permitted under section 7.13.7, roof and mansard facade signs, and 7.13.8, freestanding signs.

In addition to the maximum allowed combined total area permitted for cuh businesses in a multi-business main structure, there shall be permitted one additional wall sign or projecting sign, not to exceed 20 square feet for business identification for each such business, and permitted freestanding sign area not to exceed 20 square feet.

Two additional signs for the multi-business main structure shall be permitted not to exceed 25 square feet each if the multi-business main structure faces more than one public street or navigable water.

7.13.3. Lot of record occupied by two or more separate main structures each containing one or more separate businesses, "multi-main structures" with an existing business license issued by the town.

The number of signs for a permitted business on a lot of record with two or more separate main structures, multi-main structures, whereon each such main structure may be occupied by one or more separate licensed businesses shall be limited to two per business, not including incidental directory, or directional signs, unless specifically provided for and permitted hereunder.

The total combined square footage of all permitted signs for such businesses shall not exceed 100 square feet in area. Sign bases not containing a commercial message are not included in the computation of area.

No sign shall exceed 64 square feet in area nor exceed a height equal to the lowest point of the roof of the structure to which it may be affixed, unless otherwise provided for and permitted under section 7.13.7, roof and mansard facade signs, and section 7.13.8, freestanding signs.

In addition to the maximum allowed combined total area permitted for cuh businesses in a multi-business main structure, there shall be permitted one additional wall sign or projecting sign, not to exceed 20 square feet for business identification for each such business, and permitted freestanding sign area not to exceed 20 square feet.

Two additional signs for the multi-business main structure shall be permitted not to exceed 25 square feet each if the multi-business main structure faces more than one public street or navigable water.

7.13.4. Multiple incidental and directory signs. Signs on the interior of a lot shall be allowed and do not require a permit. The square footage of these signs is not included in determining the total permitted sign area. Such signs must relate to the business being conducted on the lot and such signs shall not be advertising for a business located off premise.

7.13.5. Signs hung on marquees. No sign shall be hung on a marquee, canopy, awning or portico if such sign shall extend beyond the established street line. The area of any such sign shall be included in determining the total permitted area.

7.13.6. Signs, advertising occupants, etc. Signs advertising only the name of the occupant of a store, office or building, the business or occupation conducted or the products sold therein may be placed on show windows; provided, that not more than 30 percent of the area of such windows shall be covered. The square footage of any such sign shall be included in determining the total permitted area of signs.

7.13.7. Roof and mansard facade signs. Any such roof or mansard facade sign shall not exceed 32 square feet in sign area. Signs on mansard facade shall not extend above the highest point of the mansard facade. Roof signs shall begin one foot from roof edge and not extend more than four vertical feet from that point.

7.13.8. Freestanding signs. There shall be no more than one freestanding sign for any separate main structure whether occupied by one or more licensed businesses on a lot of record and not to exceed two freestanding signs per lot. The maximum area of any such freestanding sign shall be 64 feet per licensed business or 128 square feet in total, and such freestanding sign shall not exceed 12 feet in height. The area of such sign shall be included in determining the maximum square footage area permitted any such business or structure, as applicable under section 7.13. The height of the freestanding sign shall be determined from existing grade within a radius not to exceed six feet from the support system of the freestanding sign. The base of any sign without a commercial message is not included in the computed permitted sign area. Sign bases are included in the overall height. Each freestanding sign must incorporate a legally assigned street number for the business that it identifies or advertises. Freestanding signs shall not be placed within the established sight distance triangle.

7.13.9. Window sign. A window sign shall be considered as a wall sign, and shall not exceed more than 30 percent of the window area in which they are displayed and shall not be placed higher than ten feet above the entrance of the door sill plate. Such signs shall be limited to a maximum combined area of 64 square feet total and shall not exceed ten feet in height. The area of any such sign shall be included in determining the total permitted sign area.

7.13.10. Flags, commercial. Two flags, displaying a commercial message, with a maximum area each of 15 square feet shall be permitted for any business. Flags must be mounted securely to a wall or from a permanent flag pole. A home occupation is allowed one flag with a commercial message no greater than 15 square feet. Flags not exceeding 15 square feet in area and displaying an art design which reflects merchandise sold on the premises without any commercial wording, or "open and welcome flags" are permitted. The area of any such flags shall not be included in determining the total permitted sign area.

7.13.11. Projecting signs. One projecting signs shall be permitted for any licensed business fronting on any public entrance to such business. Any such sign shall not exceed 12 feet in height from grade and shall not exceed 20 square feet in area. Such sign shall maintain a vertical clearance from any sidewalk, adjacent to said business of not less than nine feet and shall not extend beyond the outside edge of the public sidewalk. If such sign extends over a public right-of-way, a land use permit is required. The area of any such sign shall be included in determining the total permitted sign area of any such business.

7.13.12. Changeable letter signs. Manually changeable sign(s) shall be permitted when built as an integral part of the business identification sign(s). The area of the changeable letters portion of the business identification sign(s) shall not exceed 15 square feet or one third of the total area of the sign(s) whichever is less. The total area of the changeable letter area shall be included in determining the total permitted sign area for any such business and shall meet any applicable sign height restrictions.

Nonprofit and charitable organizations shall be permitted stand-alone changeable letter signs which conform to section 7.4.2, temporary signs nonprofit and charitable organizations.

7.13.13. Gasoline stations. Automobile service, convenience stores and gasoline stations shall comply with all applicable sign regulations within this section, including the regulations for shopping centers if applicable. The following additional regulations shall apply to all automobile and service and gasoline stations:

7.13.13.1.

Changeable fuel price signs. Freestanding signs identifying the name of the business may include changeable copy indicating the current price of fuel dispensed on the premises. The area of the fuel price sign shall be excluded in the sign area for the business.

7.13.13.2.

Gas pump signs. Each gas pump shall be permitted a total of 1.5 square feet of sign area to identify the product dispensed. (Gas pump signs shall not apply to total square footage of sign area permitted.) Canopy's that are used to cover fuel pumps may extend 20 feet in height and may include the name of the brand of fuel upon the canopy, however this advertisement shall not cover more than 50 percent of the each side of the facing of the canopy.

7.13.14. Office and/or industrial centers. Office and/or industrial centers at least one acre in size and planned as an integrated development shall be authorized to erect signs based on the following criteria:

7.13.14.1

Center identification signs. One monument sign per public street frontage, identifying the name of the center only and not exceeding 32 square feet in area and six feet in height.

7.13.14.2.

Individual establishment signs. Each individual establishment within an office and/or industrial building may erect one wall sign of a size which does not exceed a maximum of 16 square feet in area. The top of the wall sign shall be located below the roof line and at a height no greater than 12 feet above the ground.

7.13.15. Directory signs. Commercial and industrial properties may erect a directory sign identifying the names and/or addresses of the establishments within individual buildings. A directory sign shall not exceed 16 square feet in area and six feet in height and precludes the use of any other freestanding sign for the zoning lot on the same street frontage.

7.13.16. Theaters. Theaters are authorized to erect one of the permitted wall or marquee signs with a changeable copy letter board displaying the name and time of the current motion picture or theatrical production.

(Ord. of 4-4-1994; Article VII Amended 6-19-2008, Section 7.13 Amended 4-6-2009, 10-7-2013)

Sec. 7.14. - PSP—Public/semi-public districts.

Animated signed are allowed within public/semi-public districts, permits are required.

7.14.1. Animated signs in PSP districts have the following restrictions:

7.14.1.1.

These devices shall be used to provide public service announcements and information relevant to the activities of the public use facilities only.

7.14.1.2.

Commercial messages and messages advertising items for sale on these devices is prohibited.

7.14.1.3.

Only one such device is permitted per public parcel, except as provided in section 7.14.1.4.

7.14.1.4.

Such devices are restricted to 33 square feet in size. Where both sides of a sign contain allowable display, they shall be considered as one device and one side only shall be used to compute the allowable size of the sign.

7.14.2. All other signs in public/semi-public parcels shall comply with applicable section of this article.

(Adopted 9-4-2018)