(a)

Signs obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation. The purpose of this article is to regulate the size, color, illumination, movement, materials, location, height, and condition of all signs placed on private property for exterior observation to: protect property values and the character of neighborhoods; create a convenient, attractive and harmonious community; protect against the destruction of or encroachment upon areas of historic significance; and ensuring the safety and welfare of pedestrians and wheeled traffic while providing convenience to citizens and encouraging economic development. This article allows adequate communication through signage while encouraging aesthetic quality in the design, location, size, and purpose of all signs. This article shall be interpreted in a manner consistent with the First Amendment guarantee of free speech. If any provision of this article is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this article which shall be given effect without the invalid provision.

(b)

Signs not expressly permitted as being allowed by right or by conditional use permit under this article, by specific reference in another provision of this chapter or the town's code, or otherwise expressly allowed by law, the Virginia Constitution, or the Constitution of the United States, are forbidden.

(c)

A sign placed on land or on a building for the purpose of identification, protection, or directing persons to a use conducted therein shall be deemed to be an integral but accessory and subordinate part of the principal use of land or building. Therefore, the intent of this article is to establish limitations on signs in order to ensure they are appropriate to the land, the building, or the use to which they are appurtenant, and are adequate for their intended purpose while balancing the individual and community interests identified in subsection (a) of this section.

(d)

These regulations are intended to promote signs that are compatible with the use of the property to which they are appurtenant and the landscape and architecture of surrounding buildings, are legible and appropriate to the activity to which they pertain, are not distracting to motorists, and are constructed and maintained in a structurally sound and attractive condition.

(e)

These regulations distinguish between portions of the town designed for primarily vehicular access and portions of the town designed for primarily pedestrian access.

(f)

These regulations do not entirely eliminate all of the harms that may be created by the installation and display of signs. Rather, they strike an appropriate balance that preserves ample channels of communication by means of visual display while still reducing and mitigating the extent of the harms caused by signs.

(Ord. No. 2017-7, 9-12-2017)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Animated sign means a sign or part of a sign that is designed to rotate, move or appear to rotate or move. Such a sign is sometimes referred to as a "moving sign."

Banner means a temporary sign of flexible material designed to be installed with attachments at each of four corners. Banner signs also include feather-type signs.

Changeable copy sign means a sign or part of a sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or surface of the sign. This includes electronic messaging signage.

Combined area sign means a sign used by more than one tenant or property owner located on the same property on which the sign is erected or on a contiguous property that shares a common drive.

Comprehensive sign plan means a plan approved as a conditional use for the signage of a property or properties that in most instances includes multiple tenants or owners with shared parking or other facilities.

Directional sign means a sign which provides onsite directional information for the convenience of the public.

Flag means a piece of cloth or similar material, typically oblong or square, attached by one edge to a pole or rope and used as a national, state, local, or other symbol or decoration.

Flashing sign means a sign that includes lights that flash, blink, or turn on and off intermittently.

Freestanding sign means any non-portable sign supported by a fence, retaining wall, or by upright structural members or braces on or in the ground and not attached to a building.

Ground-mounted sign means a sign that is supported by structures or supports in or upon the ground and independent of any support from any building or wall.

Height means the maximum vertical distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the existing grade at the time of the installation of the sign, exclusive of any filling, berming, mounding or excavating primarily for the purpose of mounting or elevating the sign.

Home occupation sign means a sign directing attention to a home occupation on the premises upon which the sign is located.

Illegal sign means any sign erected without a required permit or which otherwise does not comply with any provisions of this article.

Illuminated sign means a sign that is backlit, internally lighted, or indirectly lighted.

Marquee means a structure generally designed and constructed to provide protection against the weather projecting from and supported by the building and extending beyond the building wall, building line, or street line. It includes an attached awning or canopy or a freestanding covering structure such as a gas station, drive-thru, or carwash canopy.

Marquee sign means a sign attached to and made a part of a marquee from a building, with changeable, fixed, or both types of lettering in use.

Minor sign means a permanent wall or freestanding sign not exceeding two square feet in area, not exceeding four feet in height, and not illuminated.

Neon sign means a sign containing exposed tubes filled with light-emitting gas.

Nonconforming sign means any sign which was lawfully erected in compliance with applicable regulations of the town and maintained prior to the effective date of this article which fails to conform to standards and restrictions set forth herein.

Off-premises sign means a sign that directs attention to a location other than the premises on which the sign is erected.

On-premises sign means a sign that is an accessory use to the primary use of the property.

Portable sign means any sign that may be displayed more than 90 days in a 12-month period that is typically a rigid material such as metal or wood, and not permanently affixed to a building, structure, vehicle, or the ground. It includes, but is not limited to, A-frame signs (or sandwich boards), wall signs that are removed periodically, and removable ground mounted signs.

Projecting sign means any sign, other than a wall or marquee (including awning or canopy) sign, affixed to a building and supported only by the wall on which it is mounted.

Roof sign means a sign erected or constructed, in whole or in part, upon or above the highest point of a building with a flat roof, or the lowest portion of a roof for any building with a pitched roof.

Sign means any object, device, display, or structure, or part thereof, visible to the public from a public right-of-way which is designed and used to attract attention by means involving words, letters, figures, designs, symbols, fixtures, logos, colors, illumination, or projected images. The term "sign" does not include flags as defined herein.

Sign face means the portion of a sign structure bearing the words or images designed to attract attention.

Sign structure means any structure bearing a sign face.

Temporary sign means a sign neither permanently installed in the ground nor permanently affixed to a building or structure that is displayed no more than 90 days in a 12-month period. Examples include paper or corrugated plastic yard signs and banners.

Vehicle or trailer sign means any sign attached to or displayed on a vehicle, if the vehicle or trailer is used for the primary purpose of displaying the sign. Any such vehicle or trailer shall, without limitation, be considered to be used for the primary purpose of displaying signage if it fails to display current license plates, inspection sticker, or municipal decal, if the vehicle is inoperable, if evidence of paid-to-date local taxes cannot be made available, or if the sign alters the standard design of such vehicle or trailer.

Wall means an entire outside wall of a structure, including wall faces, parapets, fascia, windows, and doors, of one complete elevation.

Wall sign means any sign attached to a wall or painted on or against a flat vertical surface of a structure. A marquee (including an awning or canopy) and projecting sign shall be counted as a wall sign for the wall of the structure for which it is attached, unless otherwise provided herein.

(Ord. No. 2017-7, 9-12-2017)

(a)

In general. A sign permit is required prior to the display and erection of any sign except as provided in section 42-704 of this article.

(b)

Application for permit.

(1)

An application for a sign permit shall be filed with the town's planning department on forms furnished by the department. The applicant shall provide sufficient information to determine if the proposed sign is permitted under this article or other applicable law, regulation, or ordinance.

(2)

The zoning administrator or designee shall promptly process the sign permit application and approve the application, reject the application, or notify the applicant of deficiencies in the application within ten business days after receipt. Any application that complies with all provisions of this zoning ordinance, the building code, and other applicable laws, regulations, and ordinances shall be approved.

(3)

If the application is rejected, the town shall provide the reason(s) for the rejection in writing. An application shall be rejected for noncompliance with the terms of this article, building code, or other applicable law, regulation, or ordinance.

(c)

Permit fee. A nonrefundable fee as set forth in the fee schedule adopted by the town council shall be paid upon submittal of the sign permit application for permanent signs.

(d)

Duration and revocation of permit. If a sign is not installed within six months following the issuance of a sign permit, the permit shall be void. The town may revoke a sign permit under any of the following circumstances:

(1)

The town determines that information in the application was materially false or misleading;

(2)

The sign as installed does not conform to the sign permit application; or

(3)

The sign violates this article, the building code, or other applicable law, regulation, or ordinance.

(e)

Comprehensive sign plans. Comprehensive sign plans may be approved by conditional use permit in the MU-1, MU-2, B-1, B-2, B-3, I-1, and I-2 districts. The comprehensive sign plan shall establish the time, manner, and placement of signs, frequency of display changes, construction materials, the hours of lighting, height of signs, the total number of square feet of sign surface, and the number of signs to be placed on a site.

(Ord. No. 2017-7, 9-12-2017)

The following are allowed but do not require a permit:

(a)

Signs owned or erected by a governmental body or required by law. Such signs are exempt from the regulations of this article.

(b)

Flags.

(c)

One or more temporary signs per tax map parcel with a total area not exceeding 12 square feet in size in the A, R1-A, R-1, R-2, R-3, and MU-1 zoning districts and 20 square feet in size in the B-1, B-2, B-3, MU-2, I-1, and I-2 zoning districts removed within 90 days after being erected.

(d)

Not more than two minor signs per parcel.

(e)

One or more portable signs per tax map parcel not exceeding 12 square feet in size in the A, R1-A, R-1, R-2, R-3, and MU-1 zoning districts and 20 square feet in size in the B-1, B-2, B-3, MU-2, I-1, and I-2 zoning districts.

(f)

Signs on the inside of store windows, except those signs specified as "prohibited signs" in this article.

(Ord. No. 2017-7, 9-12-2017)

In addition to signs prohibited elsewhere in the town code or by applicable state or federal law, the following signs are prohibited:

(a)

General prohibitions:

(1)

Signs that violate any law of the Commonwealth of Virginia relating to outdoor advertising.

(2)

Signs attached to natural vegetation.

(3)

Signs simulating, or which are likely to be confused with, a traffic control sign or any other sign displayed by a public authority. Any such sign is subject to immediate removal and disposal by an authorized town official as a nuisance.

(4)

Vehicle or trailer signs as defined herein.

(5)

Any sign displayed without complying with all applicable regulations of this chapter.

(b)

Prohibitions based on materials:

(1)

Animated signs. This subsection does not apply to flags expressly permitted under this article or the changing of the message content no more often than once every four seconds.

(2)

Flashing signs or other signs displaying flashing, scrolling or intermittent lights or lights of changing degrees of intensity, except where such signs are expressly permitted within this article.

(3)

Signs that emit smoke, flame, scent, mist, aerosol, liquid, or gas.

(4)

Signs that emit sound.

(5)

Any electronic sign except as expressly permitted herein.

(c)

Prohibitions based on location:

(1)

Off-premises signs unless specifically permitted by this chapter.

(2)

Signs erected on public land or within the public right-of-way unless approved by an authorized town official in writing. Any sign not so authorized is subject to immediate removal and disposal by any authorized official. Removal of the sign under this provision does not preclude prosecution of the person responsible for the sign.

(3)

Roof signs unless approved as part of a comprehensive sign plan by conditional use permit.

(4)

Any sign located in the vision triangle formed by any two intersecting streets, as regulated by the provisions of section 30-14.

(5)

Signs at or near any curve in a street in such a manner as to obstruct the clear vision of traffic from any one point on such curve to any other point on such curve or to any other point not more than 400 feet apart, as measured between each point from the nearest edge of the pavement.

(6)

Side and rear wall signs facing and within 100 feet of a residential district.

(Ord. No. 2017-7, 9-12-2017)

(a)

Supports, uprights, or structure on which any sign is supported shall not be included in determining the sign area unless such supports, uprights or structure are designed in such a way as to form an integral background of the display. When a sign is placed on a fence, wall, planter, or other similar structure that is designed to serve a separate purpose other than to support the sign, the entire area of such structure shall not be computed. In such cases, the sign area shall be computed in accordance with other provisions of this section.

(b)

Allowable wall sign area.

(1)

The area of the wall is calculated by multiplying the width by height of the wall. The height shall be measured by calculating the vertical distance from grade to the top of the wall of a flat roof, or to the eave line of a gable, hip, or gambrel roof.

(2)

In cases where the height of the building cannot be determined the average height shall be 12 feet per story.

(3)

In instances where there are multiple tenants or users in a building, the measurement of wall area shall be determined for each individual establishment.

(c)

Sign area.

(1)

Sign area is calculated under the following principles:

a.

With signs that are regular polygons or circles the area can be calculated by the mathematical formula for that polygon or circle. With signs that are not regular polygons or circles, the sign area is calculated using all that area within a maximum of three abutting or overlapping rectangles that enclose the sign face.

b.

The support for the sign face, whether it is columns, a pylon, or a building, or part thereof, shall not be included in the sign area.

c.

The area of a cylindrical or spherical sign shall be computed by multiplying one-half of the circumference by the height of the sign.

d.

For a marquee sign, only the area of the message shall be used in sign area computation.

e.

The permitted area of a double-faced sign shall be considered to be the area on one side only. If one face contains a larger sign area than the other, the larger face shall be used in calculating the sign area. A double-faced sign must have an internal angle between its two faces of no more than 45 degrees.

f.

For projecting signs with a thickness of four inches or more, the sign area also includes the area of the visible sides of the sign, calculated as a rectangle enclosing each entire side view.

g.

A combined area sign may have up to four faces, joined at the corners at 90 degree or less angles with no face exceeding the area normally allocated a single ground/freestanding sign face.

(Ord. No. 2017-7, 9-12-2017)

(a)

All signs shall be constructed and mounted in compliance with the Virginia Uniform Statewide Building Code.

(b)

All signs and components thereof shall be maintained in good repair and in a safe, neat, and clean condition. Signs showing visible signs of wear, fading, chipped paint, rotting or rusting structure, or non-working components, must be repaired or be subject to code enforcement as a nuisance.

(c)

The building official may cause to have removed or repaired immediately without written notice any sign which, in his opinion, has become insecure, in danger of falling, or otherwise unsafe, and, as such, presents an immediate threat to the safety of the public. If such action is necessary to render a sign safe, the cost of such emergency removal or repair shall be at the expense of the owner or lessee thereof.

(d)

The owner of any commercial sign advertising a use or business that has ceased operating shall, within 60 days of the cessation of use or business operation, replace the sign face with a blank face until such time as a use or business has resumed operating on the property.

(e)

Nuisance abatement.

(1)

Any sign requiring maintenance or removal shall be repaired or removed within 30 days of a written notice to the owner and/or permit holder.

(2)

Any sign which constitutes a nuisance may be abated by the town under the applicable provisions of the town code or Code of Virginia §§ 15.2-900, 15.2-906, and/or 15.2-1115.

(Ord. No. 2017-7, 9-12-2017)

(a)

Signs lawfully existing on the effective date of this article or prior ordinances, which do not conform to the provisions of this article, and signs which are accessory to a nonconforming use shall be deemed to be nonconforming signs and may remain except as qualified below. The burden of establishing nonconforming status of signs and of the physical characteristics/location of such signs shall be that of the owner of the property. Upon notice from the zoning administrator, a property owner shall submit verification that sign(s) were lawfully existing at time of erection. Failure to provide such verification shall be cause for order to remove sign(s) or bring sign(s) into compliance with the current ordinance.

(b)

No nonconforming sign shall be enlarged nor shall any feature of a nonconforming sign, such as illumination, be increased.

(c)

Nothing in this section shall be deemed to prevent keeping in good repair a nonconforming sign. Nonconforming signs shall not be extended or structurally reconstructed or altered in any manner, except a sign face may be changed so long as the new face is equal to or reduced in height and/or sign area.

(d)

No nonconforming sign shall be moved for any distance on the same lot or to any other lot unless such change in location will make the sign conform in all respects to the provisions of this article.

(e)

A nonconforming sign that is destroyed or damaged by any casualty shall be subject to section 42-475.

(f)

A nonconforming sign which is changed to becoming conforming or is replaced by a conforming sign shall no longer be deemed nonconforming, and thereafter such sign shall be in accordance with the provisions of this article.

(g)

A nonconforming sign structure shall be subject to the removal provisions of section 42-707.

(h)

A nonconforming sign structure shall be removed if the use to which it is accessory has not been in operation for a period of two years or more. Such sign shall be removed by the owner or lessee of the property. If the owner or lessee fails to remove the sign structure, the zoning administrator or designee shall give the owner 15 days' written notice to remove it. Upon failure to comply with this notice, the zoning administrator or designee may enter the property upon which the sign is located and remove any such sign or may initiate such action as may be necessary to gain compliance with this provision. The cost of such removal shall be chargeable to the owner of the property.

(Ord. No. 2017-7, 9-12-2017)

(a)

Electronic messaging signage (including the primary message and any and all secondary messages, backgrounds, etc.) is required to remain static for at least four seconds and may not flash or change intensity by pulsing or pulsating.

(b)

Electronic messaging signage shall require conditional use permit approval within historic districts as designated by the Virginia Landmarks Register or within the B-2, central business zoning district. Within the B-2 zoning district, this shall not apply to electronic monochromatic, static numerals for uses such as but not limited to a gas price display or time and temperature information.

(Ord. No. 2017-7, 9-12-2017)

(a)

Placement.

(1)

Except as otherwise permitted, permanent freestanding signs shall be set back a minimum of ten feet from any public right-of-way and a minimum of three feet from all other property lines. In the B-2 central business district, all permanent freestanding signs must remain a minimum of two feet from the back of the street curb and all signs may project a maximum of 42 inches over public property.

(2)

Second and all additional permanent ground/freestanding signs on any premises must either:

a.

Have a separation of 150 linear feet from any other permanent ground/freestanding sign; or

b.

Meet the front yard setback requirements of the zoning district in which the premises is located.

(3)

Except as otherwise permitted, freestanding temporary and portable signs shall be set back a minimum of five feet from any public right-of-way and a minimum of three feet from all other property lines.

(4)

Home occupation signs in residential districts, if permitted, shall be wall-mounted in close proximity to the front door.

(b)

Illumination. All permitted signs may be backlit, internally lighted, or indirectly lighted, unless such lighting is specifically prohibited in this article.

(1)

In the case of indirect lighting, the source shall be shielded so that it illuminates only the face of the sign. However, projecting signs shall be indirectly illuminated or have shielded direct lighting, unless otherwise prohibited within this chapter. Indirect lighting shall consist of full cut-off or directionally shielded lighting fixtures that are aimed and controlled so that the directed light shall be substantially confined to the sign to minimize glare and light trespass. The beam width shall not be wider than that needed to light the sign.

(2)

The illumination from any sign resulting in any internal or external artificial light source that adversely affects surrounding properties, causes offensive glare, or creates a traffic hazard shall be prohibited. Furthermore, no sign shall be permitted to affect highway safety or shine directly into a residential dwelling unit.

(c)

The following tables set forth the sign type, number, sign area, and maximum sign height allowed in each zoning district. In lieu of the following, a comprehensive sign plan may be submitted for a tax map parcel subject to approval by conditional use permit.

(Ord. No. 2017-7, 9-12-2017)