801.1. Purpose and intent: The purpose of this article is to regulate the size, location, height and construction of all signs placed for public observance; to protect the public health, safety, convenience and general welfare; to facilitate the creation of a convenient, attractive and harmonious community; to protect property values, and to further the urban design and economic development objective of the town's comprehensive plan. To these ends, these regulations are intended to promote signs that are:

(a)

Compatible with the landscape/streetscape and architecture of surrounding buildings, including historic sites and structure;

(b)

Legible and appropriate to the activity to which they pertain;

(c)

Not distracting to motorists; and

(d)

Constructed and maintained in a structurally sound and attractive condition.

This article shall be interpreted in a manner consistent with the First Amendment of the United States Constitution. If any provision of this article is found to be invalid, such finding shall not affect the validity of other provisions of this article that can be given effect without the invalid provision.

801.2. Definitions. The following definitions apply throughout this article:

Animated sign. A sign or part of a sign that is designed to rotate, move, or appear to rotate or move. This definition does not include the hands of a clock, a weather vane, or feather banners.

Artistic mural. A work of art (as a painting) applied to and made integral with a building wall that is prepared by a skilled artist and shows imaginative skill in arrangement or execution.

Awning sign. A sign placed, painted or printed directly on the surface of an awning.

Canopy sign. A sign attached or otherwise affixed to a canopy.

Changeable copy sign. 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.

Commercial, office, or industrial center. A lot of at least two acres in size on which there are five or more businesses, or any lot with business or industrial zoning of at least five acres in size.

Feather banner. A vertical portable sign with a fabric sign wrapped around a harpoon-style pole or staff driven into the ground for support.

Flag. A sign applied to cloth or similar material attachable by one edge to a pole or rope.

Flashing sign. A sign that includes lights which flash, blink, or turn on and off intermittently.

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

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

Institutional bulletin board sign. A sign containing a surface upon which is displayed information about an institution and/or its service.

Marquee. A permanent structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather.

Marquee sign. A sign attached to and made part of a marquee or any other similar projection from a building with changeable, fixed or both types of lettering in use.

Minor sign. A sign not exceeding four square foot in sign area and four feet in height.

Monument sign. A sign affixed to a structure built on-grade in which the sign and structure are an integral part of one another and is not a pole sign.

Off-premises sign. A sign, such as a billboard, which directs attention to an event, activity, business, commodity, service or establishment conducted, sold or offered at a location other than the premises on which the sign is erected.

Pole sign. A sign mounted on one or more freestanding poles.

Portable sign. Any sign not affixed to a building, structure, vehicle, or the ground. It does not include a flag.

Principal structure. The structure occupying the same or greater square footage on a lot when compared to other structures located on the same lot.

Projecting sign. Any sign, other than a wall, awning or marquee sign, which is affixed to a building and supported only by bracketing to the surface on which it is mounted.

Roof sign. 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.

Sandwich board sign. A non-illuminated sign constructed by connecting two sides in a triangular shape that is self-supporting. Such signs may be constructed as a standard "A" or an inverted "T" frame method.

Sign. Any device employing letters, words, symbols, etc. used or intended to attract the attention of the public from streets, sidewalks, or other outside public right-of-ways. For the purposes of this article, the term "sign" includes all structural members.

Sign area. The surface area encompassed within any regular geometric figure, e.g. (square, rectangle, circle, triangle), which would enclose all parts of the sign, excluding structural supports.

Temporary sign. A sign, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, plastic, or other light materials with or without frames, intended to be displayed for a short period of time. This definition does not include flags. The category of "temporary signs" is not mutually exclusive with other categories. For example, a temporary sign may also be a ground-mounted sign. Therefore, a temporary sign must meet the requirements for temporary signs as well as other requirements which apply to the type of sign involved.

Wall sign. A sign attached to a wall, or painted on or against a flat vertical surface of a structure, which displays only one advertising surface.

Window sign. A sign visible outside a window and attached to or within one foot in front of or behind the interior surface of a window or door.

801.3: Sign permit required. Except as provided herein, no sign shall be erected, installed, used, altered, relocated, replaced or reconstructed until a sign permit or zoning permit has been issued (and a certificate of appropriateness, if applicable). For the purpose of this ordinance, all signs are considered accessory uses and accessory structures.

801.4. Prohibited signs. The following signs are prohibited:

(a)

Off-premises signs.

(b)

Portable signs, including signs displayed on a stationary vehicle.

(c)

Changeable copy signs with the following exception, any lot on which there is a gas station or movie theater may have a sign with changeable copy area up to 20 square feet or 50 percent of the total sign area, whichever is less. In such cases, this allowance shall not count against signage allowed in sections 801.5 and 801.6.

(d)

Any sign which may be confused with or obstruct the view of a traffic sign or signal.

(e)

Animated signs, including but not limited to pennants, propellers, and discs.

(f)

Flashing signs.

(g)

Glaring signs or signs with light sources that constitute a traffic hazard or distraction.

(h)

Roof signs.

(i)

Signs affixed to a tree, other natural vegetation, rocks, public utility poles, or public signs.

(j)

Signs that obstruct the visibility of intersections or block any window, door, fire escape, or stairway, or any opening intended for light, air or access to any building.

(k)

Signs erected in or over a public right-of-way or on public land.

801.5. Allowed signs. This section governs what signs are allowed in each zoning classification.

(a)

Signs allowed in all zoning districts without a sign permit.

(1)

Plaques or markers made of granite, bronze or a similar material.

(2)

Flags up to 16 square feet in sign area.

(3)

Three minor signs per lot placed at least ten feet away from the curb of any abutting street.

(4)

Any sign that is not visible beyond the boundaries of the lot or parcel upon which it is located and cannot be viewed from any public right-of-way.

(5)

One sign attached to an existing ground mounted sign on any lot where vehicle safety inspections are performed. Signs authorized by this subsection shall not exceed ten square feet in sign area and shall not exceed the height of any adjoining ground mounted sign.

(6)

Any sign erected by the town or required by law.

(7)

The following temporary signs:

a.

On any lot for sale or rent, one sign of not more than six square feet in sign area for residential districts or 16 square feet in sign area in commercial/industrial districts. Temporary signs authorized by this subsection shall not exceed six feet in height and shall be removed within 30 days of the settlement or lease of the property.

b.

On any property with an active building permit, one temporary sign of not more than eight feet in height and 12 square feet in sign area. Signs authorized under this subsection shall be removed within 14 days following completion of construction.

c.

On residential property, one or more temporary signs with a total area of no more than eight square feet, and which are removed within 90 days after being erected.

d.

Temporary window signs on the first floor of a structure that cover no more than 50 percent of the window area. Such signs shall not remain in place for more than eight weeks.

e.

Temporary signs advertising an event which occurs not more than one time per calendar year not exceeding 12 square feet in sign area may be displayed a maximum of seven days before the event and removed two days after the event.

(b)

Residential districts; signs allowed with a sign permit.

(1)

The following signs are allowed as accessory to residential uses in residential districts:

a.

Single-family and two-family dwellings: None except for signs allowed in sections 801.5(a) and 801.6.

b.

Residential developments: At subdivision entrances, a monument sign may be erected and may be illuminated by white light with the maximum sign area determined as follows:

1.

Development of 20 units or less: One sign, not to exceed 16 square feet in area or six feet in height, at each major street entrance.

2.

Development of 21 units or more: One sign at each major street entrance not to exceed 25 square feet in area or six feet in height.

3.

Where signs are incorporated as part of a monument entrance structure, such as a gateway, archway or freestanding entry columns, the lettering or signage incorporated therein may be physically divided and still considered as one entrance sign. The total of all lettering or signage shall not exceed the maximum allowed in this section.

(2)

The following signs are allowed as accessory to non-residential uses in residential districts:

a.

One pole sign up to eight feet in height or one wall sign up to ten feet in height with neither to exceed 25 square feet in area.

b.

An institutional bulletin board sign which may be illuminated by white light.

(c)

Business and industrial zoning districts; signs allowed with a sign permit.

(1)

General regulations.

a.

No sign may be illuminated that is erected within 100 feet of the principal structure of an existing residential use or the boundary of a residential zoning district.

b.

Pole signs and monument signs must have a minimum setback of five feet from any public right-of-way, service driveway, or entrance.

(2)

In addition to the signs allowed in sections 801.5(a) and 801.6, a maximum of three signs may be erected on each lot within a business or industrial district with the following exceptions:

a.

Lots occupied by multiple businesses.

1.

Each business with a dedicated exterior entrance may erect two signs, except that a business on a corner unit facing a street or parking lot may erect three signs.

2.

Each business that shares an entrance may erect one wall sign of up to four square feet in area.

3.

One pole directory sign of up to four square feet in area may be erected so long as there is no other pole sign on the same street frontage or zoning lot.

4.

Where tenant spaces are recessed under a canopied walkway, one additional double-faced projecting sign of up to four square feet may be erected under the canopy adjacent to the main entry of the individual tenant.

b.

Lots on which there is a commercial, office, or industrial center.

1.

A maximum of two pole signs, one for each street or highway frontage, which may not exceed 20 feet in height and 150 square feet in area with a minimum setback of 15 feet.

2.

Two projecting signs projecting up to ten feet may be erected for each principal structure. Sign area may be up to two square feet for each linear foot of building width to which the sign is attached subject to a maximum of 100 square feet.

3.

Two wall signs may be erected for each principal structure. Sign area may be up to two square feet for each linear foot of building width to which the sign is attached subject to a maximum of 150 square feet. No wall sign shall exceed 25 feet in height or the lowest part of roof, whichever is lowest.

4.

Two awning, canopy, or marquee signs may be erected for each principal structure. Sign area may be up to two square feet for each linear foot of building width to which the sign is attached subject to a maximum of 100 square feet.

801.6. Temporary signs: The following temporary signs are allowed by permit:

(a)

On a vacant lot, temporary signs up to 20 square feet in sign area may be displayed for one continuous period of up to 45 days in each calendar year.

(b)

On a lot on which there is a business that is new, closing, under new management, or conducting a special event, temporary signs may be attached to an existing principal structure or sign pole, shall not exceed 20 square feet in area, and may be displayed for one continuous 45-day period in each calendar year. In addition, one feather banner of not more than 14 feet in length may be displayed for up to 30 days.

(c)

For each residential subdivision entrance, one temporary sign of not more than eight feet in height and 16 square feet in area may be erected for a period of two years.

(d)

A maximum of two sandwich board signs with neither side of each sign to exceed seven square feet in sign area. Such signs may not impede pedestrian traffic or intersection visibility and must be removed at the close of business hours.

801.7. Sign requirements. The following standards apply throughout this article except where alternate specifications are expressly provided.

(a)

Standards applicable to all signs.

(1)

The height of a sign shall be measured from the ground to the highest point on the sign or its support structure. The setback shall be measured from the property boundary to the closest point of the sign.

(2)

No sign shall have more than two faces.

(3)

Sign area includes the area enclosing the face of the sign, all frames, and all other components not used for support.

(4)

Sign area of a sign with two faces shall be computed as follows:

a.

Both sides of a sign having two faces shall be included in computing area if the sides separated by an interior angle of 45 degrees or greater.

b.

Sign faces separated by an interior angle of less than 45 degrees, one sign face shall be included, provided, however, the area of the largest sign face shall be used when two faces are unequal in area.

(5)

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

(6)

All signs shall be constructed in compliance with the Virginia Uniform Statewide Building Code. All illuminated signs shall comply with the National Electrical Code.

(b)

Pole signs.

(1)

Lot frontage and size requirements. Pole signs up to a maximum allowable size of 36 square feet shall be permitted on lots with 100 feet or more of lot width. Where a lot has less than 100 feet of width, a pole sign shall not exceed 32 square feet in size.

(2)

Minimum clearance. Where a pole sign is located within 25 feet of an intersecting developed street, or town-maintained alley, a minimum ten-foot clearance from the ground to the bottom of the sign shall be provided.

(3)

Maximum height. 15 feet or the height of the principal structure, whichever is less.

(4)

Foundation requirements. The foundation of a pole sign shall be constructed of wood, masonry, or other appropriate materials. The foundation shall be a minimum of two feet in height, and be included in overall pole sign height calculation.

(c)

Projecting signs.

(1)

Frontage requirements: 18 feet of ground level frontage.

(2)

Angle of projection: 90 degrees.

(3)

Limit on projection: Six feet.

(4)

Projection over right-of-way: No sign shall project over a public right-of-way.

(5)

Minimum clearance: Nine feet.

(6)

Maximum height: 14 feet or the lowest point of the roof, whichever is lower.

(7)

Maximum size: One square foot for each linear foot of building width to which the sign will be attached subject to a maximum of 16 square feet.

(d)

Wall signs.

(1)

Maximum height: 20 feet or the lowest point of the roof, whichever is lower.

(2)

Limit on projection: One foot.

(3)

Permanent window signs: Permanent window signs shall be limited in area to 25 percent of the window area or 25 square feet, whichever is less.

(4)

Maximum size: One square foot for each linear foot of building width on the side to which the sign will be attached subject to a maximum of 56 square feet. Artistic murals may not exceed 25 square feet.

(e)

Awning, canopy and marquee signs.

(1)

Location: Parallel to the face and not projecting above or below the face of the awning, canopy or marquee.

(2)

Maximum projection: One foot of the vertical placement of curves without interfering with or obstructing pedestrian or vehicular traffic.

(3)

Maximum size: One square foot for each linear foot of awning or canopy subject to a maximum of ten square feet.

(f)

Monument signs.

(1)

Lot frontage and size requirements: Monument signs up to 36 square feet are allowed on lots with 100 feet or more of lot width. Where a lot has less than 100 feet of width, a monument sign may not exceed 32 square feet.

(2)

Minimum clearance: A ten-foot setback shall be observed for a monument sign located within 25 feet of an intersecting street or public right-of-way.

(3)

Maximum height: Six feet not including the foundation.

(4)

Foundation: Must be constructed of wood, masonry, or other appropriate materials and shall be between two and three feet in height.

802.1. Sign permit applications.

(a)

Filing of applications; fees. Applications for sign permits shall be filed by the applicant or his agent with the zoning administrator along with a nonrefundable filing fee.

(b)

Information required. Every application shall include the following information:

(1)

Name, address and telephone number of the applicant.

(2)

Position of the sign in relation to adjacent lot lines, buildings, sidewalks, streets and intersections.

(3)

A general description of the proposed sign type, structural design, and construction materials.

(4)

Purpose of the proposed signs.

(5)

Drawings of the proposed sign with specifications of the height, perimeter, area dimensions, means of support, method of illumination, colors, and any other significant aspect of the proposed sign.

(6)

Size and placement of all existing signs on the lot.

(7)

For temporary signs, the time period during which the applicant seeks to display the proposed sign.

(c)

The zoning administrator shall review each application and either approve the application, reject the application, or notify the applicant of deficiencies in the application within five business days after receipt. Any application that meets all requirements of this article, the building code, and other applicable laws, regulations, and ordinances shall be approved. If an application is rejected, the zoning administrator shall provide a list of the reasons for the rejection in writing. An application shall be rejected for non-compliance with the terms of the zoning ordinance, building code, or other applicable law, regulation, or ordinance.

(d)

Sign permits shall be numbered in the order of issuances and recorded separately from other zoning permits for building or remodeling. The zoning administrator shall maintain a record of all sign permits issued.

(e)

If a sign is not constructed within 12 months following the issuance of a sign permit (or within 30 days in the case of a temporary sign permit), the permit shall be void. A permit for a temporary sign shall state its duration. 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.

(3)

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

(f)

Any decision made by the zoning administrator while interpreting or enforcing this article may be appealed to the board of zoning appeals.

802.2. Sign maintenance and removal.

(a)

Any sign not kept in a reasonably good state of repair shall be put in a safe and good state of repair within 30 days of a written notice to the owner and permit holder.

(b)

Any sign that poses an immediate or imminent hazard to life or property may be immediately removed. All costs associated with the removal or repair shall be reimbursed by the owner of the premises or the owner of the sign.

(c)

Covering of unused sign frames/structures. When a sign face is removed due to the cessation of the activity to which the sign relates, such as a business closure, the property owner shall cover the sign frame with an approved material within 30 calendar days.

802.3. Nonconforming signs.

(a)

Any sign lawfully in existence on the effective date of this article that does not conform to the provisions herein, and any sign that is accessory to a nonconforming use, shall be deemed a nonconforming sign and may remain. Nonconforming signs shall not be extended or structurally reconstructed or altered in any manner except that a sign face may be changed on a one-time basis so long as the new face does not exceed the height and sign area of the old sign face. If there are multiple nonconforming sign(s) on a property, the owner may elect to permanently remove one or more signs in exchange for a sign face change to a remaining nonconforming sign. In that case, the sign face change shall not count against the one-time change allowed in this section and shall be made within 14 days of permit approval.

(b)

Damage or destruction of nonconforming sign. A nonconforming sign which is destroyed or damaged to an extent exceeding 50 percent of its area may not be reconstructed but may be replaced with a sign that is in full accordance with the provisions of this article.

(c)

Removal of obsolete nonconforming signs. Within 15 days after the issuance of a written notice from the town, the owner shall remove any nonconforming sign or sign structure accessory to a use which has been discontinued for a period of two years or more.

802.4. Special exceptions: Upon proper application and after following the process described in chapter 703 of article VII, the town council may grant a special use permit authorizing a sign which would otherwise be prohibited by this article. The permit may contain such conditions as the town council deems proper.

(Ord. of 8-8-2016(1))