(a)

Signs can 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, thus ensuring the protection of property values, the character of the various neighborhoods, the creation of a convenient, attractive and harmonious community, protection against destruction of or encroachment upon historic areas, and 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 and in a manner consistent with the county's comprehensive plan. 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 can be given effect without the invalid provision.

(b)

Signs not expressly permitted as being allowed under this article, by specific requirements in another portion of this chapter, or otherwise expressly allowed by the county are forbidden.

(c)

These regulations are intended to promote signs that are compatible with the use of the property to which they are appurtenant, 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.

(d)

The regulations of this article apply generally to all signs and are in addition to the regulations contained elsewhere in this chapter.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Permit required. No sign, unless exempted in this article, shall be erected, constructed, posted, painted, altered, maintained or relocated, until a permit has been issued by the zoning administrator as provided for in this article.

(b)

Permit process. Before any permit is issued, an application for a sign permit provided by the zoning administrator shall be filed, together with three sets of drawings and/or specifications (one to be returned to the applicant) as may be necessary to fully advise and acquaint the zoning administrator with the location, construction, materials, manner of illuminating and/or securing or fastening, and number of signs applied for, and the style of the wording of the sign or advertisement to be carried on the sign.

(c)

Application. The application shall contain the location of the sign structure, the name and address of the sign owner and of the sign erector, a drawing showing the design and location of the sign, and such other pertinent information as the building official may require to ensure compliance with this chapter or other ordinances of the county.

(d)

Fees. Fees for sign permits shall be as fixed from time to time by the board of supervisors and maintained in the office of the zoning administrator.

(e)

Building codes and inspections. All signs which are electrically illuminated shall require a separate electrical permit and inspection. Structural and safety features and electrical systems shall be in accordance with the requirements of applicable codes and ordinances. No sign shall be approved for use unless it has been inspected by the department issuing the permit and is found to be in compliance with all the requirements of this chapter and applicable technical codes.

(f)

All signs shall be erected on or before the expiration of 60 days from the date of issuance of the permit. Otherwise, the permit shall become null and void, and a new permit shall be required. Each sign requiring a permit shall be clearly marked with the permit number and name of the person or firm placing the sign on the premises.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

The following signs are exempted from the provisions of the regulations of this article and may be erected or constructed without a permit but in accordance with the structural and safety requirements of the building code, and as outlined in the definitions and other portions of this article:

(1)

Signs erected by a governmental body or required by law, including official traffic signs or sign structures and provisional warning signs or sign structures, and temporary signs indicating danger;

(2)

Changing of the copy on a bulletin board, poster board, display encasement or marquee;

(3)

Temporary nonilluminated signs not exceeding three square feet in sign area and erected for not more than 30 consecutive days, including real estate signs, contractor signs, construction signs, agricultural signs, event signs, decorative holiday displays, public demonstrations, and grand opening signs;

(4)

Nonilluminated signs painted, stamped, perforated or stitched on the surface area of an awning, canopy, roller curtain or umbrella not exceeding ten square feet in area with letters not exceeding one foot in height;

(5)

Nonilluminated signs warning trespassers or announcing property as posted;

(6)

Temporary nonilluminated portable signs, not exceeding six square feet in area and six feet in height, in a business or industrial district; one for each 50 feet of street frontage (all portable signs shall be included in the measurement of permitted sign area). The placement of the sign shall not impede pedestrian, wheelchair, or vehicular traffic flow;

(7)

Sign on a truck, bus or other vehicle, while in use in the normal course of business. This section should not be interpreted to permit parking for display purposes of a vehicle to which signs are attached in a district where such signs are not permitted.

(8)

A wall or freestanding sign not exceeding two square feet in area, not exceeding four feet in height, and not illuminated.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

The following signs are prohibited:

(1)

Flashing signs;

(2)

Animated signs;

(3)

Signs or parts of a sign not an integral part of the building design located anywhere on the roof or wall of a building so that they shall extend above or beyond the perimeter of the building's roof, wall or parapet wall of a building;

(4)

Signs with intermittent lights resembling, or seeming to resemble, the flashing lights customarily associated with danger or such as are customarily used by police, fire or ambulance vehicles, or for navigation purposes;

(5)

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

(6)

Signs so located and so illuminated as to provide a background of colored lights blending with traffic signal lights to the extent of confusing a motorist when viewed from normal approaching position of a vehicle at a distance of 25 to 300 feet;

(7)

Signs that obstruct the sight-distance triangle at any road intersection, or extend into the public right-of-way or otherwise create a distraction for drivers;

(8)

Abandoned sign structures;

(9)

Any signs, including posters and handbills, affixed to or painted on any structures, trees or other natural vegetation, rocks, or poles;

(10)

Any sign representing or depicting specified sexual activities or specified anatomical areas or sexually oriented goods. Any sign containing obscene text or pictures as defined by the Virginia Code;

(11)

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 county official as a nuisance;

(12)

Signs advertising activities or products that are illegal under federal, state, town or county law; and,

(13)

LED sign within the historic preservation overlay district.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Applications for unusual signs or displays which give rise to questions of interpretation of the regulations of this article may be referred by the zoning administrator to the board of zoning appeals for the purpose of interpretation by the board and recommendation for action on the application by the zoning administrator. If, in the opinion of the board, the application is not adequately covered by this article, the board may make recommendations for amendment of this article.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Permitted signs for a nonconforming business, commercial or industrial use in a residence district shall consist of those signs permitted in the B-1 local business district. Except as otherwise specifically provided in the regulations of this article, all signs shall be subject to the provisions of article IX of this chapter governing nonconforming uses.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Quantity. Except as otherwise provided, the regulations of this article shall be interpreted to permit one sign in accordance with applicable regulations, for each street frontage, for each permitted use on the premises, except that only one combined freestanding sign of 110 square feet or less will be permitted per parcel.

(b)

Height. No sign shall exceed a height of 15 feet.

(c)

Wall signs. There shall be no wall signs on the front of buildings or on side or rear walls facing, and within 100 feet of an R-1 suburban residential district.

(d)

Placement.

(1)

No sign, portable or otherwise, shall be placed or located to conflict with the vision clearance or other requirements of applicable traffic ordinances.

(2)

Unless otherwise specified in this article, all signs shall comply with the yard requirements of the district in which they are located, provided that one sign, accessory or otherwise, may occupy required yards in a district where such sign is permitted by this article, if such sign is not more than 32 square feet in area, meets the definition of the particular sign and other requirements of this article are complied with.

(e)

Sign area computations.

(1)

The surface area of any sign permitted under this article is determined by measuring the entire face of the sign including any wall work incidental to its decoration, but excluding support elements whose sole purpose and function is to support the sign, except as noted below:

a.

The surface area of any sign made up only of individual letters or figures shall include the space between such letters or figures.

b.

Whenever one sign contains information on both sides, one side only shall be used in computing the surface area of the sign. If one face contains a larger sign area than the other, the larger face shall be used in calculating the sign area.

(f)

Lighting. No sign shall be illuminated in such a way that light may shine into on-coming traffic, affect highway safety, or shine directly into a residential dwelling unit zoned.

a.

The LED panel shall not exceed 32 square feet in size, with no less than five seconds between changes.

b.

Illumination shall be no greater than 10,000 foot candles from sunrise to sunset or 700 foot candles from sunset to sunrise and be equipped with automatic brightness control which can dim the display brightness when ambient conditions exist.

c.

Electronic service lines shall be underground.

(g)

Substitution. Wherever this article permits a sign with commercial content, non-commercial content is also permitted subject to the same requirements of size, color, illumination, movement, materials, location, height, and construction.

(h)

District standards: B-1 and B-2 zoning districts. Any business located within a B-1 or B-2 zoning district shall be limited to displaying no greater than one square foot of signage per linear foot of business frontage, and in no case shall any business display greater than 32 square feet of signage per building street frontage, except combined businesses erecting a single freestanding sign. Individual signs shall be limited in their size and placement according to the following regulations:

(i)

District standards: A-C, R-R, and R-1 zoning districts. Individual signs shall be limited in their size and placement according to the following regulations:

(Ord. No. 09-21R2, Att. A, 9-27-2021)

All signs shall be maintained in good condition meaning, in appearance and structurally safe. Any sign that has deteriorated to a state of peeling, cracking, splitting, fading, or rusting is in violation of this chapter and subject to enforcement.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Any sign lawfully in existence on the date of enactment of this article may be maintained even though it does not conform with the provisions of this article.

(b)

The message of a nonconforming sign may be changed.

(c)

No nonconforming sign may be enlarged or altered in such a manner as to expand the nonconformity, nor may illumination be added to any nonconforming sign.

(d)

A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this article.

(e)

A nonconforming sign destroyed by any cause may not be repaired, reconstructed, or replaced except in conformity with this article. For the purposes of this section, a nonconforming sign is destroyed if damaged to an extent that the cost of repairing the sign to its former condition or replacing it with an equivalent sign equals or exceeds 50 percent of the fair market value of the sign so damaged.

(f)

A pre-existing sign must be removed if the structure, building, or use to which it is accessory is destroyed, or demolished to an extent exceeding 50 percent of the fair market value of the principal structure, building or use.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Violations. Violations of this article constitute violations of the zoning code and the county may obtain compliance through any of the methods available for other zoning violations.

(b)

Removal of signs in violation. The zoning administrator may order the removal of any sign erected or maintained in violation of this article. The zoning administrator shall give 30 days' notice in writing to the owner of such sign or of the building, structure, or premises on which such sign is located to remove the sign or to bring it into compliance with this article. The zoning administrator may remove a sign immediately and without notice if, in his opinion, the condition of the sign is such as to present an immediate threat to the safety of the public. Any surface exposed by the removal of a sign shall be restored to its original condition by the property owner and be compatible with adjacent surfaces.

(c)

Removal of abandoned signs. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises. If the owner or lessee fails to remove such sign, the zoning administrator shall give the owner 30 days' written notice to remove it. Upon failure to comply with this notice, the zoning administrator or his duly authorized representative may remove the sign at cost to the property owner.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Any person aggrieved by any decision or order of the zoning administrator may appeal to the board of zoning appeals by serving written notice to the zoning administrator, who, in turn, shall immediately transmit the notice to the board, which shall meet to hear it within 30 days thereafter. The zoning administrator shall take no further action on the matter, pending the board's decision, except concerning unsafe signs which present an immediate and serious danger to the public.

(Ord. No. 09-21R2, Att. A, 9-27-2021)