The following sign regulations are established to assure compatibility of signs with surrounding land usage, to enhance the economy of the County, to protect public investment in streets and highways, to promote the safety and recreational value of public travel, to minimize possible adverse effects of signs on nearby public and private property, to preserve natural beauty, to protect the environment from litter and refuse, including abandoned signs, to identify, direct and provide necessary information efficiently to motorists and pedestrians, to decrease distraction of motorists and pedestrians by limiting confusing, distracting and obsolete signs, and to reduce obstruction of the roadway. No sign shall be permitted erected or used in the County, except as permitted in this article.

(Ord. 6-16-10; Ord. 12-16-15)

(1)

Restricted Signs. The following types of signs are prohibited in all zoning districts:

(a)

Flashing signs;

(b)

Inflatable signs;

(c)

Moving signs;

(d)

(Intentionally omitted);

(e)

Pennant signs;

(f)

Portable signs;

(g)

Roof signs;

(h)

Any sign that obstructs any window, door, fire escape, stairway, ladder, or opening intended to provide light, air, ingress or egress for any building, as required by law;

(i)

Any sign which imitates or resembles any official traffic sign, signal or device, or uses the words "Stop" or "Danger" in close proximity to any public right-of-way, or interferes with any other public traffic sign;

(j)

Signs which produce noise or any visible smoke, vapor, particles, or odor;

(k)

Signs which advertise any activities which are illegal under state or federal law or regulations in effect at the location of such sign or at the location of such activities; and

(l)

Signs that violate state or federal laws, whether or not identified in this ordinance as being permitted.

(2)

Exempt Signs. Exempt signs shall be of reasonable size and no larger than the largest permitted signs in the zoning district, unless otherwise specified in this Code. Exempt signs shall be legible, and shall be reasonably maintained in good repair, and in safe, neat, and clean condition. Any temporary exempt sign, defined in Section 22-22-1 of this Code, shall be posted a reasonable time before prior to and shall be removed a reasonable time after, but in no event greater than ten days after the event, election, production, group, occurrence, speaker, program or seasonal activity to which the temporary sign refers. The following types of signs, as defined in and subject to the regulations in Section 22-22-1, are exempt from the sign permit requirements in all zoning districts:

(a)

Auction signs;

(b)

Banner signs;

(c)

Construction signs;

(d)

Directional signs;

(e)

Estate signs;

(f)

Public signs;

(g)

Real estate signs;

(h)

Temporary sale, announcement or merchandising signs;

(i)

Temporary signs;

(j)

Temporary directional signs;

(k)

Warning signs; and

(l)

Window signs.

(3)

Illuminated Signs.

(a)

Signs may be illuminated, either internally or externally, as permitted by this ordinance, provided that the illumination is fully shielded and directed at the sign and not in a manner as to cause a traffic hazard.

(b)

Where a permit is required, the permit shall not be issued until the location and illumination of the sign has been approved by the Zoning Administrator, or designee.

(c)

No light from any illuminated sign shall cause direct glare onto any adjoining piece of property, right-of-way, or building other than the building to which the sign applies to.

(d)

The copy of electronic message signs may not flash, scroll, move, or change at timed intervals of less than twenty (20) seconds.

(e)

All electronic message signs must be equipped with an automatic dimmer that controls the intensity of the light source. The intensity of light allowed for all illuminated signs shall be eight-five percent (85%) by day and fifty percent (50%) at night.

(f)

All electronic message signs must be turned off at the close of business, unless displaying time or temperature.

(4)

Setbacks.

(a)

Signs shall be exempt from setback requirements in all zones, provided that no sign shall be located as to interfere with vehicular sight distances at intersections or to create a safety hazard.

(b)

Signs shall not be located within any public right-of-way, unless approved by the Virginia Department of Transportation.

(5)

Sign Area.

(a)

The sign area shall be measured as the area of the sign face which includes the advertising surface and any framing, trim, or molding. Two-sided sign faces shall be counted as a single sign face.

(b)

Area not included: the sign area shall not include any of the support structure or architectural features that are not an integral part of the sign which may consist of landscaping, building structural form complementing the site in general.

(6)

Sign Height.

(a)

The sign height shall be measured as the vertical distance from the normal grade directly below the sign to the highest point of the sign or sign structure, whichever is higher and shall include the base and any support structure.

(b)

Signs shall not exceed six feet (6') in height, except as otherwise permitted by this article.

(Ord. 6-16-10; Ord. 12-16-15; Ord 6-21-17; Ord. of 08-21-2019 (1))

(Ord. 6-16-10; Ord. 12-16-15)

(1)

Agricultural (A-1) — The following signs shall be permitted in the A-1, Agricultural, General zoning district:

* No more than 50% of the total sign area may be displayed on the front of the building. The remaining 50% may be distributed on the sides and rear of the building, with a maximum of 25% distribution per side and a maximum of 50% distribution on the rear of the building.

(2)

Residential (R-1, R-2, R-4, MHP) — The following signs shall be permitted in the R-1, Residential, Limited; R-2, Residential, General; R-4, Residential, Limited; and MHP, Manufactured Home Park zoning districts:

(3)

Residential (R-3), Business (B-1, B-C), Planned Unit Development (PUD), and Industrial (I-1, I-2) — The following signs shall be permitted in the R-3, Residential, Planned Community; B-1, Business, General; B-C, Business, Convenience; PUD, Planned Unit Development; I-1, Industrial, Limited; and I-2, Industrial, General zoning districts:

* No more than 50% of the total sign area may be displayed on the front of the building. The remaining 50% may be distributed on the sides and rear of the building, with a maximum of 25% distribution per side and a maximum of 50% distribution on the rear of the building.

(4)

Zion Crossroads Urban Development Area. The following signs shall be permitted in the Zion Crossroads Urban Development Area, and supersede other sign dimensions listed in this ordinance:

* No more than 50% of the total sign area may be displayed on the front of the building. The remaining 50% may be distributed on the sides and rear of the building, with a maximum of 25% distribution per side and a maximum of 50% distribution on the rear of the building.

(Ord. 6-16-10; Ord. 6-21-17; Ord. 10-17-18)

(1)

Permit Requirements. Except as otherwise provided herein, no sign shall be erected, altered, refaced or relocated unless a sign permit has been approved by the Zoning Administrator. Where there is a discrepancy between Fluvanna County and the Virginia Department of Transportation sign regulations, the more stringent shall apply. Where the Fluvanna County sign regulations do not recognize a particular type of sign, the Virginia Department of Transportation regulations shall apply.

(2)

Maintenance and Removal.

(a)

All signs shall be constructed in compliance with the Uniform Statewide Building Code, as adopted by the Virginia State Code.

(b)

All signs and components thereof shall be legible and shall be maintained in good repair and in a safe, neat, and clean condition.

(c)

The Zoning Administrator may cause to have removed or repaired immediately any sign which, in the Zoning Administrator's 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)

Any sign that is obsolete, because of discontinuance of the subject activity or any other reason that would cause the sign to be obsolete, shall be removed within ten (10) days.

(e)

Any sign located on property, which becomes vacant and is unoccupied for a period of two (2) years or more shall be deemed abandoned. An abandoned sign shall be removed by the owner or lessee of the property. If the owner or lessee fails to remove the sign, the Zoning Administrator shall give the owner fifteen (15) days written notice to remove it. Upon failure to comply with this notice, the Zoning Administrator may initiate such action as may be necessary to gain compliance with this provision.

(Ord. 6-16-10; Ord. 12-16-15)

(A)

All persons must obtain a permit from the County in order to advertise or conduct a sale for the purpose of discontinuing a retail business, or to modify the word "sale" in any advertisement with the words "going out of business" or any other words which tend to insinuate that the retail business is going to be discontinued and the merchandise liquidated.

(B)

The applicant shall submit an application for a permit to the County Administrator, or his designee, which shall include the following:

(1)

A statement of the purpose of the sale (i.e., liquidation of assets, terminating retail business);

(2)

An inventory including the kind and quantity of all goods to be offered for sale during the sale;

(3)

A copy of any proposed advertisements which may be posted or published in connection with the special sale; and

(4)

A fee of $50.00* for the processing of the permit, which shall not be refunded.

(C)

Upon receipt of the complete application and fee, the County Administrator or his designee, shall issue a special sale permit which shall be valid for a maximum of sixty (60) days. An extension of the sale or additional sale shall require an additional permit application and fee as described above. A maximum of one (1) permit beyond the initial sixty (60) day permit may be granted solely for the purpose of liquidating only those goods contained in the initial inventory list which remain unsold.

(D)

The permittee shall prominently display the permit number and effective dates of the special sale on any and all advertisements for such sale. The permittee may not advertise along with its special sale any goods not listed in the inventory provided to the County in its application.

(E)

The permittee may not commingle or add to the special sale any goods not listed in the inventory list provided to the County. Upon proof that the permittee has commingled or added goods not listed in the inventory list to the special sale, the County may revoke the special sale permit.

(F)

The County Administrator's designee shall inspect the advertisement and conducting of the special sale to ensure it is being advertised and conducted in conformity with the permit.

(G)

Advertising or conducting a special sale without a permit, as required by this section, shall be punishable as a Class 1 misdemeanor.

(Ord. 12-16-15)

State Law reference— For state law requiring the County to oversee and permit such sales, see Code of Va., §§ 18.2-223 and 18.2-224.

*Editor's note— The Board of Supervisors resolution of 12-16-15 approved a fee of $50.00, previously Sec. 22-15-4.1(B)(4) had required a fee of $65.00.

(1)

No nonconforming sign shall be enlarged nor be worded so as to advertise or identify any use other than that in effect at the time it became a nonconforming sign.

(2)

Signs lawfully existing on the effective date of this ordinance or prior ordinances, which do not conform to the provisions of this ordinance, and signs which are accessory to a nonconforming use shall be deemed to be nonconforming signs and may remain except as qualified below. Such signs shall not be enlarged, 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. The burden of establishing the 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) lawfully existed at time of erection. Failure to provide such verification shall be cause for order to remove sign(s) or bring sign(s) into conformance with the current ordinance.

(3)

Nothing in this section shall be deemed to prevent keeping in good repair a nonconforming sign; provided, however, that no nonconforming sign which has been declared by the Zoning Administrator to be unsafe because of its physical condition, as provided for in this ordinance, shall be repaired, rebuilt or restored unless such repair or restoration will result in a sign which conforms to all applicable regulations.

(4)

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 to the provisions of this article.

(5)

If a nonconforming sign is removed, the subsequent erection of a sign shall be in accordance with the provisions of this article.

(6)

A nonconforming sign that is destroyed or damaged by any casualty to an extent not exceeding fifty percent (50%) of its replacement value may be restored within two (2) years after such destruction or damage but shall not be enlarged in any manner. If such sign is so destroyed or damaged to an extent exceeding fifty percent (50%), it shall not be reconstructed except for a sign, which would be in accordance with the provisions of this article.

(7)

A nonconforming sign that is changed to, or 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.

(8)

A nonconforming sign shall be removed if the structure to which it is accessory is demolished or destroyed to an extent exceeding fifty percent (50%) of its appraised value.

(9)

The ownership of the sign or the property on which the sign is located shall not, in and of itself, affect the status of a non-conforming sign.

(10)

A nonconforming sign shall be considered abandoned if the business for which the sign was erected has not been in operation for a period of at least two (2) years. After the two (2) year period, the Zoning Administrator shall make a reasonable attempt to contact the property owner. If the property owner refuses to remove the abandoned sign, the County's agents or employees may enter the property upon which the sign is located and remove such sign and charge the cost of removal to the owner of the property. Nothing herein shall prevent the County from applying to the appropriate courts for an order requiring removal of the abandoned nonconforming sign by injunction or other appropriate remedy.*

(Ord. 6-16-10; Ord. 12-16-15)

*State law reference—For state authority as to the removal of abandoned nonconforming signs, see Code of Va., § 15.2-2307.