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 City'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.

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 City, are forbidden.

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.

Permit required. Except when otherwise exempted by this article, no sign shall be erected, constructed, posted, painted, altered, or relocated, unless and until a zoning permit has been issued by the Zoning Administrator and where provided for in this article, subsequent to an approval of a certificate of appropriateness by the Architectural Review Board (ARB), where applicable, or by the Planning Commission, where applicable.

Permit process. Before any zoning permit is issued, the applicant shall submit to the administrator a sign permit application and an application for certificate of appropriateness when applicable provided by the administrator, together with drawings and/or specifications as may be necessary to fully advise and acquaint the 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.

Application. The permit 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 City.

Fees. Fees for sign permits shall be as fixed from time to time by the governing body of the City.

Building codes and inspections. 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. All signs which are electrically illuminated shall require a separate electrical permit and inspection.

General permit application requirements. Submission requirements for architectural review board sign guidelines as set forth in the Historic District Design Guidelines adopted by the City Council, as amended, shall be followed for selecting the type of sign, location, colors, lettering style, materials and type of illumination (if applicable). Sign permit applications also require:

All signs shall be erected within six months from the date of approval of the sign permit; otherwise, the permit shall become null and void and a new permit shall be required. The Zoning Administrator may grant one extension of the permit for a period of six months, but in no case shall a permit be valid for more than a total of 12 months. Extensions may be granted only when the proposed sign is in compliance with all current applicable regulations.

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

Minor signs as defined by this article not exceeding three total signs per street frontage per parcel.

Change of message of an approved sign.

Painting, repainting, cleaning and other normal maintenance and repair of signs or sign structures, unless a structural change is made.

Temporary signs as set forth in this section, including real estate signs, contractor signs, and special event signs.

A sign displayed on a truck, bus or other vehicle while in use in the normal course of business with the exception of mobile billboards that are prohibited.

Flags of the United States of America, Commonwealth of Virginia, City of Lexington, or other flags displayed for noncommercial purposes.

Any property actively offered for sale or lease may display one sign per street frontage in addition to those otherwise allowed by this article, limited to a maximum area of 16 square feet for parcels in commercial zoning districts (R-LC, C-1, and C-2) and eight square feet in all other zoning districts. Such signs shall to be removed when the property is no longer offered for sale or lease and shall not be banner type signs.

Fuel pumps and electric vehicle charging stations with not more than two square feet of signage per pump or charger.

Flashing signs or signs lighted in a varying degree, including strobe lights.

Moving or rotating signs.

Off-premises signs.

Inflatable signs.

Signs or parts of a sign 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 or into a front, side or rear yard setback.

Signs illuminated with sodium halide lights; and any illuminated sign that emits excessive levels of light in the opinion of the Zoning Administrator.

Electronic message boards.

Abandoned sign structures.

Changeable-copy signs, except as specifically permitted by this Zoning chapter.

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

Any sign that may be confused with or obstruct the view of any authorized traffic sign or signal, or obstruct the sight-distance triangle at any road intersection, or extend into the public right-of-way or otherwise create a distraction for drivers.

Portable signs, including those on wheels, except A-frame/sandwich boards complying with the provisions of this section.

Signs that prevent free ingress or egress from any door, window, fire escape, or that prevent free access from one part of a roof to any other part or otherwise adversely affect safety or are in violation of any building code or other applicable law.

Signs that emit smoke, visible vapors, particles, normally detectable sound or odor shall not be permitted, including open flames used to attract public attention.

Mirrors or mirror devices on, in, or as part of a sign.

Signs placed, affixed or painted on a motor vehicle or trailer parked with the primary purpose of providing signage, and not used in the normal conduct of business.

Signs located in the public right-of-way, unless approved and erected by the City of Lexington.

Mobile billboards.

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.

Signs advertising activities or products that are illegal under federal, state, City or county law.

Any business located within a C-1 Zoning District shall be limited to displaying no greater than one square foot of signage per foot of business frontage, and in no case shall any business display greater than 30 square feet of signage per building street frontage. Individual signs shall be limited in their size and placement according to the following regulations:

A building owner may allocate up to 15 square feet of the building's available signage to each business occupant located in an upper story, basement or interior space not sharing the building face.

One wall sign 16 square feet in area and not more than 10 feet above grade.

One freestanding sign 16 square feet in area per each of two sides and not more than four feet above grade.

Temporary signs may be erected or constructed without a permit in all zoning districts; however, all applicable code requirements in this chapter shall still apply.

Temporary Signs in Commercial Zoning Districts (C-1 and C-2). These signs shall be either freestanding signs, wall signs, window signs, or banner signs, and may be displayed for up to 45 consecutive days. The Zoning Administrator may extend the time limit by up to 45 days upon application by the owner at the end of the initial forty-five-day period, if the applicant shows that the sign is maintained in sound condition and the purpose for it still pertains. Temporary freestanding signs, wall signs, banner signs shall not exceed one sign per location, nor eight square feet in area and four feet in height. Temporary window signs shall not obstruct more than 20% of the area of the window on which the sign is located.

A-frame signs in Commercial Zoning Districts (C-1 and C-2). These signs must not be more than an aggregate of 12 square feet or less in a sandwich board design as defined herein. The sign may only be displayed during business hours. The placement of the sign shall not impede pedestrian, wheelchair, or vehicular traffic flow. Signs must be placed to maintain at least four feet of clear passage between the edge of the sign and the curb and should not otherwise compromise public safety. Only one such sign is permitted per business, or one sign per 30 linear feet of sidewalk, whichever is more restrictive. A-frame signs may be displayed on a daily basis and are not limited to the time constraints in Subsection B listed above.

Temporary signs in Residential Zoning Districts. These signs shall be either freestanding signs, wall signs, window signs or banner signs. Temporary signs shall not exceed 16 square feet in area total per property. No sign shall exceed six feet in height, except window signs. Window signs shall not obstruct more than 25% of the total area of all windows on each building facade on the property.

Temporary signs required to be posted by law. Any such sign shall be removed the day after the last day for which it is required to be displayed. The administrator may require proof of legal requirement for the posting of the sign. These signs are permitted in all zoning districts.[1]

Sign area computations.

Placement of signs. Signs shall be placed so they do not obstruct vehicles, pedestrians, or the signs of adjacent businesses and so that they follow architectural review board placement guidelines.

Materials, colors, and styles. The materials, colors, and styles of non-temporary signs located within approved historic districts are subject to the approval of the architectural review board in accordance with any applicable design guidelines adopted by the City Council.

Lighting. No sign shall be illuminated in such a way that light may shine into oncoming traffic, affect highway safety, or shine directly into a residential dwelling unit zoned R-1, R-2, or R-M.

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

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

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, except as provided in § 420-13.9D.

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

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% of the appraised value of the sign so damaged.

The message of a nonconforming sign may be changed so long as this does not create any new nonconformities.

A preexisting sign must be removed if the structure, building or use to which it is accessory is destroyed, or demolished to an extent exceeding 50% of the appraised value of the principal structure, building or use.

Violations. Violations of this article constitute violations of the Zoning Code and the City may obtain compliance through any of the methods available for other zoning violations.

Removal of signs in violation. The Zoning Administrator may order the removal of any sign erected or maintained in violation of this article. He 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.

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 15 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.