Statement of Intent

The following sign regulations are established to assure compatibility of signs with surrounding land usage, to enhance the economy of the County, to protect the public investment in streets and highways, to promote the safety and recreational value of public travel, to preserve natural beauty and to protect tax revenues by promoting the reasonable, orderly, and effective display of Outdoor Advertising.

12-1.

Advertising Outdoors Regulated.

12-1-1.

No person except a public officer or employee in performance of a public duty, shall paste, post, paint, nail, tack, erect, place, maintain, or fasten any sign, pennant, outdoor advertising sign, billboard, or notice of any kind, or cause the same to be done, facing or visible from any public street or public open space, except as provided herein.

12-1-2.

Definitions of types and categories of signs regulated by this article are listed below:

1.

Auction Sign. A sign, not illuminated, advertising an auction to be conducted on or off the lot or premises upon which it is situated. Such signs may be erected not more than one month before the date of the auction advertised and shall be removed within 48 hours of its conclusion.

2.

Business Sign. A sign either free standing or projecting or wall, which directs attention to product(s), commodity(ies), and/or service(s) available on the lot, premises, or farm upon which it is situated.

3.

Directional Sign. A sign (one end of which is pointed, on which an arrow is painted or otherwise indicated the direction to which attention is called) not illuminated, four square feet or less in area, giving the name only of a person(s), farm, business, or other establishment.

4.

Free Standing Sign. A business sign located upon a lot or parcel of ground within the required setback area, not attached to the main building.

5.

General Outdoor Advertising Sign. A sign which directs attention to a product, commodity, or service not necessarily available on the premises.

6.

Home Occupation Sign. A sign not exceeding four square feet in area directing attention to a service available on the premises, but which service is clearly a secondary use of the dwelling.

7.

Hunting, Fishing or Trespassing Sign. A sign, not illuminated, 1 ½ square feet or less in area erected on the appurtenant premises solely as a warning or notice.

8.

Identification Sign. A sign which identifies or otherwise describes the name, ownership, or location or the lot or parcel of land upon which it is situated.

9.

Illuminated Sign. A sign, or any part of a sign, which is externally or internally illuminated or otherwise lighted from a source specifically intended for the purpose of such illumination or lighting.

10.

Location Sign. A sign which directs attention to the approximate location of an establishment from which the advertised products, service, or accommodation may be obtained and not situated upon the premises upon which such establishment is located.

11.

Deleted from ordinance.

12.

Projecting Sign. A business sign projecting perpendicularly to the building wall surface to which it is attached, no part of which is more than six feet from the wall surface of the building on which it is erected.

13.

Public Sign. A sign owned by and erected at the instance of a Federal State or local government agency.

14.

Sale or Rental Sign. A sign, not illuminated, which designates all or portions of the lot or premises upon which it is located to be for sale or lease. Such signs shall be removed within one week of sale or lease of the lot or premises upon which it is situated. The lettering or message on any one side of such sign may be different from any other side.

15.

Subdivision Sign. A sign, not illuminated, 40 square feet or less in aggregate area identifying a subdivision and located thereon at the entrance to such subdivision. Said sign shall be no greater in height than six feet, and setback from any right-of-way for proper sight distance.

16.

Temporary Sign. A sign, not illuminated, describing a seasonal or brief use being conducted upon the lot or premises upon which the sign is located. Temporary signs shall conform in size to directional signs.

17.

Wall Sign. A business sign erected or painted on a building visible from the exterior thereof, no part of which is more than 12 inches from the surface of the building on which it is erected. Such sign may be illuminated by indirect method.

(Ord. No. 2011-4, § 2, 4-12-2011; Ord. No. 2021-8, 8-4-2021)

12-2.

Area Regulations for Signs By Zones.

12-2-1.

Agricultural, A-1 and Conservation, C-1.

1.

Business signs. Maximum size of total surface area 32 square feet.

2.

Church bulletin boards and identification signs. 40 square feet limit.

3.

Directional signs. Four square feet limit.

4.

General advertising signs. 80 square feet limit.

5.

Home occupation signs. Eight square feet limit per sign.

6.

Temporary signs. 40 square feet limit.

12-2-2.

Residential, R-1, R-2, and R-3.

1.

Business signs, only to advertise the sale or rent of the premises upon which erected, with a total surface area not exceeding 32 square feet per sign.

2.

Church bulletin boards and identification signs, with a total surface area not exceeding 40 square feet per sign.

3.

Directional signs, with a total surface area not exceeding four square feet per sign.

4.

Home occupation signs, with a total surface area not exceeding eight square feet per sign.

5.

Temporary signs with approval from the Zoning Administrator- 40 square feet limit.

12-2-3.

Business B-1.

1.

Business sign, free standing. 100 square feet limit.

1A.

Business sign, projecting or wall. Two square feet for each linear foot of building frontage limit.

2.

Church bulletin boards and identification signs. 40 square feet limit.

3.

Directional signs. Eight square feet limit.

4.

General advertising signs. 100 square feet limit.

5.

Home occupation signs. Eight square feet limit.

6.

Temporary signs. 40 square feet limit.

12-2-4.

Industrial M-1 and M-2.

a.

Business or Industrial Signs. 150 square feet limit.

b.

Identification Signs. 80 square feet limit.

c.

Directional Signs. Eight square feet limit.

d.

General Advertising Signs. 100 square feet limit.

e.

Temporary Signs. 40 square feet limit.

12-3.

Setback Requirements.

Signs with a total surface area less than four square feet per sign may be erected up to the property line. Signs with a total surface area more than four square feet but less than ten square feet per sign shall be located 15 feet or more from any street right-of- way. All signs exceeding ten square feet in total surface area shall setback 25 feet or more from any street right-of- way.

12-4.

Height Regulations.

Free standing signs shall not exceed a height of 20 feet above ground level or the street to which it is oriented, whichever is higher, without a special use permit.

12-5.

Prohibited Signs.

No sign shall be erected, maintained or operated:

12-5-1.

(Except for authorized traffic signs) which is located at the intersection of any street in such a manner as to create a traffic hazard by obstructing vision between heights of 2 ½ and eight feet; or at any location where it may interfere with, obstruct the view of, or be confused with any authorized traffic sign.

12-5-2.

Which imitates or resembles any official traffic sign, signal, or device or uses the words "Stop" or "Danger" prominently displayed or presents or implies the need or requirement of changing speed or direction or the existence of danger on any highway.

12-5-3.

Which is not effectively shielded so as to prevent beams or rays of light from being directed as any portion of the traveled ways of a street or highway and which is of such intensity or brilliance as to cause glare or to impair the vision of the driver of any vehicle.

12-5-4.

Which advertises 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.

12-5-5.

Which is obsolete or inconsistent with State law or the provisions of this ordinance.

12-5-6.

Which is located anywhere other than on the property or structure to which it directs attention or to which it is appurtenant except (1) any sign erected or maintained by or under the supervision of County or other governmental authority or the Virginia Department of Highways and (2) any other sign which is specifically provided for or permitted in this article.

12-5-7.

Which is fastened, placed, painted, pasted or attached in any way to, in or upon any tree, fence, public utility pole, rock, curbstone, sidewalk, lamppost, hydrant, bridge, highway marker or another sign except such as may be:

(1)

Required by law;

(2)

So placed by a duly authorized governmental agency;

(3)

So placed not as an advertisement but as a warning against hunting, fishing or trespassing; or

(4)

Not visible from any highway.

12-5-8.

Which violates any provisions of the laws of Virginia relating to outdoor advertising including Code of Virginia, §§ 13.1-351 to 33.1-381, inclusive, and 46.1-174, as amended.

12-6.

Permitted Signs.

12-6-1.

Only signs as listed and described in this subsection or otherwise provided for in the sub-sections of this section shall be permitted and these shall be subject to such regulations as are specifically set forth in each case and to all other regulations in this ordinance. No other signs shall be permitted. The permitted signs in Madison County are:

12-6-2.

Government Signs: Signs erected and maintained by the Virginia Department of Highways or other governmental authorities in accordance with law.

12-6-3.

Historical markers erected by duly authorized public authorities.

12-6-4.

Danger, aviation, railroad, bridge, ferry, transportation, Red Cross, public utilities, and other signs as set forth in section 33.1-355.

12-6-5.

Hunting, fishing, or trespassing signs erected on the appurtenant property solely as a warning or notice. Such signs shall not exceed an area of 1.5 square feet and shall not be illuminated.

12-6-6.

Directional signs of a public or quasi-public nature identifying or locating a town, hospital, community center, public building, or historical place situated in Madison County, Virginia, and also signs identifying or locating a school, college, YMCA, church, or similar place of workshop, board of trade, service club, soil conservation activity, 4-H Club, Isaac Walton League, Chamber of Commerce, or similar public or quasi-public activity for religious, civic, educational, or cultural purposes and signs drawing attention to public conveniences relating to such places or activities.

12-6-7.

Name signs upon property displaying the name or address of the premises and the nature of the home occupation.

12-6-8.

Home occupational signs upon property displaying the name and/or address of the occupant of the premises and the nature of the home occupation.

12-6-9.

Tourist home signs, announcing accommodations only when located on the premises.

12-6-10.

Farm signs and wayside stand signs erected or maintained on any farm by the owner or tenant of such farm and relating solely to farm or horticultural produce, livestock, or services sold, produced, manufactured, or furnished on such farm.

12-6-11.

Store window signs or displays on or within store windows.

12-6-12.

Construction signs erected and maintained on the site of a structure during the period of construction to announce only the nature of the structure and/or the name or names of the owner, contractor, architect, or engineer.

12-6-13.

Business signs, exclusive of billboards, of a character which have not been listed or described, provided they advertise only businesses located in Madison County, Virginia. Subject to design, height, bulk, and lighting in Madison County, Virginia. Subject to design, height, bulk, and lighting approval by the Planning Commission.

12-6-14.

Temporary signs may be permitted in reasonable number as determined by the Zoning Administrator, provided these are not illuminated and a permit is obtained from the Zoning Administrator, if required, provided that in all zones such signs shall not exceed ten square feet in area.

12-6-15.

Unlighted, temporary signs, as defined by this article, erected within 36 hours of polls opening on election day, to include special elections, or a nominating caucus for a political party registered in the Commonwealth of Virginia, at any polling location property that is owned by the County are permitted. Any such signs at polling places must conform to this article as well as to the requirements of the Virginia Code, including § 24.2-310 and § 24.2-604, and shall not be placed in the "Prohibited Area" within 40 feet from the entrance of polling places. Any signs either not complying with this article and this section, or any signs not removed within 36 hours after the polls close on election day, shall constitute grounds for the Zoning Administrator to have the sign removed and/or destroyed. Except as permitted by this ordinance or as otherwise permitted in Article 12, no signs shall be erected on County-owned property. The Zoning Administrator shall have the authority to have any non-complying signs on County-owned property removed and/or destroyed.

(Ord. No. 2023-4, 8-22-2023)

12-7.

Other General Regulations for Signs.

12-7-1.

All signs shall comply with the provisions of this article and it shall be unlawful for any person to erect or maintain a sign which does not comply.

12-7-2.

Whenever a sign becomes structurally unsafe, or endangers the safety of a structure or premises or the public or is erected or maintained in violation of this ordinance, the Zoning Administrator shall order such sign to be made safe, or comply with this ordinance, as the case may be, or be removed. Such order shall be sent by registered mail and shall be complied with within 12 days from the date of the mailing of said order to the person owning or responsible for the sign. Failure to comply shall constitute grounds for the Zoning Administrator to have the sign removed and the cost thereof shall be added to any fine imposed for violation under this ordinance.

12-7-3.

No sign shall be located or illuminated in such a manner as to cause a traffic hazard. No flashing, rotating, visually moving or physically agitated signs are permitted in any district.

12-7-4.

No business signs shall be restored, or transferred to another business, product, commodity or service, unless such sign conforms with the provisions of this ordinance.

12-8.

Temporary Signs.

12-8-1.

Temporary signs will be regulated as described in 12-7 through 12-7-4. Erectors of same should keep in mind that the prime criteria for judging the sign, size, and location will be the degree to which it provides as nuisance or danger to the public.

12-9.

Nonconforming Signs.

Any sign lawfully in existence at the time of the effective date of this ordinance may be maintained although it does not conform with the provisions of this ordinance. Such nonconforming sign shall comply in all respects with the requirements of article 13 relating to non-conforming uses.