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Martinsville City Zoning Code

SECTION VI

SIGN REGULATIONS

A.- Purpose and intent.

The purpose and intent of this section is to establish reasonable regulations as to the size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing or removal of signs and the structures to which they are affixed, which are visible from the public right-of-way. A sign placed on land or on a building for the purpose of identification, protection or advertising a use conducted therein shall be deemed to be an integral part of the land or building. These regulations are included in this ordinance in order to achieve all of the following community goals and objectives:

1.

Protect the health, safety and welfare of the public.

2.

Safeguard the public use and nature of the streets and sidewalks by reducing hazards that may be caused by signs overhanging or projecting over public rights-of-way.

3.

Enhance the physical appearance of the city and preserve the scenic and natural beauty of certain areas by the requirement of high professional standards in sign design and display.

4.

Reduce sign or advertising distraction and obstructions that may impede fire-fighting efforts or impair a driver's ability to see pedestrians, obstacles or other vehicles or to read traffic signs.

5.

Promote the economic growth of the city by creating a community image that is conducive to attracting new business and industrial development.

6.

Promote the safety of persons and property by requiring that signs not create a hazard due to collapse, fire, decay or abandonment.

7.

Promote reasonable legibility and effectiveness of signs and prevent their over-concentration, improper placement and excessive height, bulk, density and area.

B. - Sign permits.

Except as provided in this section, no sign shall be erected, installed, used, altered, painted, relocated, replaced or reconstructed until a sign permit has been issued by the zoning administrator. For the purpose of this ordinance, all signs are considered accessory uses and, unless specifically qualified, shall be located on the same lot with the principal use to which they pertain.

Sign permits shall be issued according to the following procedure:

1.

A sign permit shall be required for all signs except for those specifically excluded from the permit requirements of this section.

2.

Applications for sign permits shall be filed on a form provided by the zoning administrator, shall contain information required herein, and shall be accompanied by a fee to be established by the city council.

3.

All applications for sign permits shall be submitted with written or graphic exhibits to incorporate the following information:

a.

Name, address, and telephone number of the sign erector, sign owner, and property owner.

b.

Position of the sign in relation to adjacent lot lines, buildings, sidewalks, streets and intersections to be shown on a legal plat produced by a licensed surveyor or engineer as required by the zoning administrator.

c.

Type of sign and general description of structural design and construction materials to be used.

d.

Purpose of the proposed sign.

e.

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

f.

Tax map number, zoning and address of property on which the sign is to be located.

g.

Information pertaining to the number, shape size, type and conforming of existing signs on the subject property.

h.

Any other information requested by the zoning administrator in order to carry out the purpose and intent of these regulations.

4.

Any property owner or tenant of a parcel of land upon which a sign is to be displayed, or any sign manufacturer or installer authorized by such owner or tenant may apply for a sign permit.

5.

After all applicable fees have been paid and a sign permit approved, the applicant may install and display approved signage. Once installed, the zoning administrator may inspect the sign(s) for conformance with the approved sign permit and this section.

6.

Any sign permit issued shall be null and void if any sign for which the permit was issued is not installed in accordance with the permit within six (6) months of the date the permit was approved.

C. - Exemptions.

The following signs shall not require a sign permit:

1.

Signs erected by the governments of the city or state, such as traffic, warning, directional, street, or regulatory signs which are directly related to the health, safety, convenience or welfare of the community.

2.

Commemorative plaques and historical markers erected by a recognized historical agency or authorized by a government body.

3.

Flags of the Commonwealth of Virginia or United States of America.

4.

Small signs displaying a building's address.

5.

Seasonal displays and decorations which do not advertise a product or service.

6.

Temporary signs for official notices.

7.

One "Private Property," "No Trespassing," "Beware of Dog," or similar sign, not exceeding one and one-half square feet in area, but only where such warning is justifiable.

8.

Normal maintenance and repair of a conforming sign.

9.

Change of advertised copy on a sign or marquee designed and approved for replaceable copy.

10.

Traffic control signs as deemed necessary and approved by the city or the state department of transportation.

11.

One temporary real estate sign advertising property for sale, rent, lease, build-to-suit, or sign announcing future construction. Such sign shall:

a.

Not exceed six (6) square feet in area in any residential district or thirty-two (32) square feet in area in any other district.

b.

Shall be removed within one week of occupancy of the property.

c.

Not exceed six (6) feet in height.

12.

Political campaign signs on private property. Campaign signs shall not be placed on utility poles, traffic control signs or trees or within public rights-of-way. Campaign signs shall be removed no later than thirty (30) days after the election.

13.

Signs displayed for the direction or convenience of the public, including signs which identify restrooms, location of public telephones, handicapped parking spaces, public entrances, freight entrances or similar, provided such signs do not exceed a total surface area of three (3) square feet per sign on any lot or parcel.

14.

Signs displayed on a truck, bus, or other vehicle while in use in the normal conduct of business. This section shall not be interpreted to permit the parking of, for display purposes, a vehicle to which a sign is attached or the use of such a vehicle solely as a sign.

15.

One two-sided sandwich board or A-frame sign, not to exceed nine (9) square feet per side, advertising a permitted commercial use, and which is displayed only during business hours. Sandwich boards shall be located in such a way that they do not pose a hazard to pedestrian or vehicular traffic.

16.

Wall or ground signs in a private parking lot to identify entrances, exits and divisions of the lot into sections and to control vehicular and pedestrian traffic in the lot, provided each sign does not exceed four (4) square feet in area.

17.

Window "stickers," "statics" or "clings."

18.

Murals or other works of art, when not used for commercial or advertising purposes.

19.

Restorations of existing advertising deemed historic by the zoning administrator or ARB.

20.

Signs erected by a department of the governmental body, such as, but not limited to, event advertising or directional signs which are directly related to community events being hosted in the city.

21.

Open/closed signs, or similar, not exceeding four (4) square feet provided that the sign is located inside the structure.

D. - Prohibited signs.

All signs or sign structures which are not specifically exempted or permitted as defined in this section are prohibited. Signs prohibited include, but are not limited to, the following:

1.

Any sign which violates any provision of law or code of the Commonwealth of Virginia or of the United States.

2.

Any sign which obstructs a door, fire escape or building opening intended for light, air or access to a building.

3.

Any sign displaying video, flashing or intermittent lights, or lights changing degrees of intensity. A variable message sign may be allowed when message changes alternate on not less than eight-second cycles and when in the judgment of the zoning administrator the alternating message sign, including the colors used thereon, does not constitute a public safety or traffic hazard. Variable message signs shall not be permitted in any historic district.

4.

Any permanent lighting either by exposed tubing or strings of lights, outlining any part of a building or affixed to any ornamental feature thereof.

5.

Any sign that obscures a sign displayed by public authority for the purpose of giving traffic instructions or direction or other public information.

6.

Any sign that uses the words "stop," "danger," "slow," "caution," "yield," "go," or that uses colors that could be distracting or similar to those of emergency vehicles or signs, or that otherwise presents or implies the need or requirement of stopping or caution or the existence of danger, or which is likely to be confused with any sign displayed by public authority.

7.

Signs that are structurally unsafe.

8.

Portable signs unless specifically permitted in this section.

9.

Sound-producing signs.

10.

Any sign containing obscene text or pictures as defined by the Code of Virginia, or any sign representing or depicting sexual activities or sexually oriented goods.

11.

Any sign or illumination that causes any direct glare into or upon any building other than the building to which the sign is located.

12.

Any sign, except official notices, which is nailed, tacked, posted or in any other manner attached to any pipe or utility pole, whether on public or private property of any description, or to any tree.

13.

Any sign attached to a chimney, tower, tank or structure of like kind which extends above the zoning district height limits.

14.

Any permanent or temporary sign that is located in full, or in part, within a public right-of-way, except within the C-UB District where a building with an allowed zero front setback may install a building-mounted sign or awning overhanging the public sidewalk in compliance with applicable sections of this ordinance.

E. - Sign area measurements.

1.

Permitted signs in all districts may be double-faced and any maximum area measurements shall be taken on only one face; however, informational or advertising matter may be displayed on both faces. The face of larger area shall be used in computing allowable sign area.

2.

The thickness or distance between faces of double-faced signs shall not exceed eighteen (18) inches. Any sign structure having distance between faces in excess of the above shall be treated so that each face, or copy area, is a separate sign and such separate signs shall be accordingly subject to the provisions of this section.

F. - Sign regulations for all districts.

The following regulations apply to signs permitted in all districts:

1.

Temporary signs shall be permitted in any district for the purpose of announcing a campaign or event of a civic, philanthropic, fraternal, religious, or educational organization. Such signs may not exceed fifty (50) percent of the total permanent sign area that would otherwise be allowed on the site according to the ordinance. No such sign shall be displayed in any residential zoning district except on the immediate site of the event to which it pertains. Such sign may be maintained for a period not more than one month and shall be removed within five (5) days after the advertised event.

2.

One informational sign or bulletin board customarily incidental to places of worship, libraries, museums, social clubs or societies shall be permitted per parcel, provided such a sign or bulletin board is wall mounted, is not projecting and does not exceed fifteen (15) square feet of sign area.

3.

The location of all freestanding signs, where permitted, in no instance may project beyond any property line, except within the C-UB District where a building with an allowed zero front setback installs a building-mounted sign or awning overhanging the public sidewalk.

G. - Sign regulations for residential districts.

In addition to other applicable regulations presented in this section, the following regulations shall apply to signs in residential districts or to residential uses in any mixed use development:

1.

One sign not to exceed two (2) square feet for each dwelling unit shall be permitted, indicating only the name and/or address of the occupant. Home occupations in these districts shall be allowed an additional sign not to exceed two (2) square feet advertising the home occupation.

2.

Such nonresidential uses as are permitted in the district may be permitted a low-profile monument type sign. No such sign, including supports, shall extend more than five (5) feet above existing grade level, be located closer than five feet to any property line, and have an area greater than twenty (20) square feet.

3.

No sign shall project beyond a property or right-of-way line.

4.

All building-mounted signs shall be flush against the building and shall not project above the roofline.

5.

Sign illumination shall be only by direct white lighting and shall illuminate only the face of the sign.

6.

Freestanding identification signs, restricted to four (4) square feet, may be used to identify community features, such as a community center, picnic area or pool facility.

7.

One wall or ground sign giving the place name of an established neighborhood, community or subdivision development shall be permitted for each major entrance of the neighborhood. Each permitted sign shall not exceed forty (40) square feet, an overall height of six (6) feet and such signs shall be ten (10) feet from any lot line.

H. - Sign regulations for non-residential districts.

In addition to other applicable regulations, the following regulations shall apply to all signs in the individual transitional, commercial, and economic development districts (as indicated in the charts below) and for non-residential uses in mixed use developments:

1.

Building mounted signs:

a.

Shall be permitted based on the length of the building's primary frontage, measured in linear feet, with maximum sign area (in square feet, sq.ft.) as follows:

Building Mounted Signs
(max. sq.ft. per foot of primary building frontage)
R-TC-NC-UBC-CED-MAED-GED-I
1 sq.ft. 1 sq.ft. 1 sq.ft. 2 sq.ft. 2 sq.ft. 2 sq.ft. 2 sq.ft.

 

b.

Under no circumstance shall the area of a building mounted sign exceed the following:

Building Mounted Signs (not to exceed, square feet)
R-TC-NC-UBC-CED-MAED-GED-I
100 sq.ft. 100 sq.ft. 100 sq.ft. 200 sq.ft. 200 sq.ft. 200 sq.ft. 200 sq.ft.

 

c.

Shall not project greater than forty two (42) inches from the building wall.

d.

Shall provide a minimum clearance above any sidewalk of eight (8) feet when the sign projects greater than six (6) inches from the building wall.

e.

Shall provide a minimum clearance above any vehicle travel way or parking area of fifteen (15) feet when the sign projects greater than six (6) inches from the building wall.

f.

Signs on awnings, canopies, marquees, or umbrellas shall be included in building mounted sign area computation.

g.

Signs inside windows are not included in building mounted sign area computation.

h.

In addition to the signage allowed above, business directory signs may be located in the C-UB district to direct customers to offices, shops, and other uses within the C-UB district not located on Main or Church Streets. The sign may be placed on a wall of a building on Main or Church Streets, if permitted by the property owner. Such signs shall be mounted flush to the wall, providing information on the location of offices, shops or other uses. These signs shall only identify businesses by name and address. The maximum sign area shall be limited to fifteen (15) square feet.

2.

Freestanding signs:

a.

No freestanding signs shall be permitted on any parcel, business, building, or premises within the C-UB district, except where the structure is located greater than twenty-five (25) feet from the front lot line.

b.

Any parcel, business, building, or premises within all other non-residential districts shall be permitted a maximum of one freestanding sign in accordance with the regulations contained in this section.

c.

The maximum sign area for all signs on parcels fronting public streets with rights-of-way greater than seventy (70) feet shall be as follows:

Freestanding Signs (maximum area for streets >70 ft.)
R-TC-NC-UBC-CED-MAED-GED-I
40 sq.ft. 40 sq.ft. 40 sq.ft. 100 sq.ft. 100 sq.ft. 100 sq.ft. 100 sq.ft.

 

d.

The maximum sign area for all signs on parcels fronting public streets with right-of-way less than seventy (70) feet shall be as follows:

Freestanding Signs (maximum area for streets <70 ft.)
R-TC-NC-UBC-CED-MAED-GED-I
30 sq.ft. 30 sq.ft. 30 sq.ft. 70 sq.ft. 70 sq.ft. 70 sq.ft. 70 sq.ft.

 

e.

The maximum height of freestanding signs shall be as follows:

Freestanding Signs (maximum height, in feet)
R-TC-NC-UBC-CED-MAED-GED-I
6 ft. 8 ft. 10 ft. 20 ft. 20 ft. 20 ft. 20 ft.

 

3.

Design standards.

a.

Signs shall be designed with material, colors, and lettering that are compatible and harmonized with the main building on the site.

b.

Signs shall be located in a manner that shall not cause a pedestrian or vehicular traffic hazard.

c.

Signs shall convey only on-site business information and/or the name of the shopping center or business park and its management company.

d.

The ground area around the base of signs shall be landscaped with groundcover, shrubs and/or plants. The landscaping plan required by this section shall be depicted on or with the sign permit application.

e.

Signs shall be setback a distance equal to their height from any property or right-of-way line.

f.

Signs shall be setback a distance equal to twice their height from any existing freestanding sign.

4.

Other signs.

a.

One detached order board and one preview board is permitted for each stacking lane for businesses with drive-through facilities. Order boards and preview boards shall not be included in calculating the number of freestanding signs or in calculating the total aggregate sign area. Such signs must be located so that they are not legible from off the property. Order boards are limited to thirty (30) square feet in area and six (6) feet in height. Preview boards are limited to fifteen (15) square feet in area and six (6) feet in height.

b.

Two (2) construction signs are permitted, not to exceed thirty-two (32) square feet and a height of six (6) feet, advertising the use to be made of a commercial building or structure and the businesses and firms developing the site or structure. Such sign may be installed immediately prior to construction and shall be removed upon occupancy of the building or structure.

5.

In addition to the signage allowed above, business park directory signs may be located in the R-T, ED-G, and ED-I districts. One freestanding sign shall be permitted identifying the name of the business park and its tenants. Such sign shall not exceed one hundred (100) square feet in area and twenty (20) feet in height.

6.

Except as otherwise specifically provided in this section, no business sign shall be allowed except upon that portion of a building or site that is owned or leased and actually occupied by the business identified by such sign.

I. - Historic district signs.

In addition to other applicable regulations presented in this section, all signs to be located within the designated Historic Preservation Overlay (HP-O) District shall require a certificate of appropriateness approved by the architectural review board, or a certificate of no effect approved by staff.

Notwithstanding any other provision of this section, the architectural review board, in approving a sign, may further regulate such sign with respect to area, height, placement, materials, color, lighting, graphics, lettering or architectural styling, consistent with the guidelines applicable to their decisions.

J. - Entrance corridor overlay district.

In addition to other applicable regulations presented in this section, all signs to be located within a designated entrance corridor overlay district shall require the approval of the planning commission. Notwithstanding any other provision of this section, the planning commission, in approving a sign, may further regulate such sign with respect to area, height, placement, materials, color, lighting, graphics, lettering or architectural styling, consistent with the guidelines applicable to their decisions.

K. - Temporary signs.

Temporary signs may be allowed by an approved temporary sign permit, subject to the following provisions:

1.

Banners with a maximum size of forty (40) square feet may advertise special promotions, hiring information, community events or new businesses.

2.

Temporary sign permits shall not be issued to the same applicant or business more than four (4) times in any calendar year; each temporary sign permit shall be separated by a period of not less than thirty (30) days.

3.

Applications for temporary signs must be submitted at least ten (10) business days prior to the installation of sign. Such application shall be on an application form prescribed by the zoning administrator and shall indicate the size, area, proposed location and manner of fastening of the temporary sign.

Any banner installed without prior approval of the zoning administrator shall be removed immediately upon notification by the zoning administrator and no other temporary sign shall be displayed on the property by the same business or organization for ninety (90) days.

4.

A maximum of one temporary sign may be displayed at a time.

5.

Each permitted temporary sign may be displayed a maximum of sixty (60) consecutive days.

6.

Temporary signs shall be located on the same property as the sponsoring business or organization.

7.

No temporary sign may be located within a median or other public street right-of-way.

L. - Abandoned signs.

1.

An abandoned sign shall be defined as any sign advertising or pertaining to a business or other use that is no longer in operation, with the exception of abandoned signs deemed historic by the zoning administrator or architectural review board.

2.

Any abandoned sign faces shall be removed or covered by the owner or lessee of the premises upon which the sign is located when the business it advertises is no longer on the premises. Such abandoned sign, if not removed within sixty (60) days from the termination of occupancy by such business shall be considered to be in violation, and the zoning administrator may cause the abandoned sign faces to be removed at the property owner's expense.

3.

Any abandoned sign structure and accompanying framing or brackets, shall be removed by the owner or lessee of the premises upon which the sign is located when the business it advertises is no longer on the premises.

Such abandoned sign, if not removed within one hundred eighty (180) days from the termination of occupancy by such business shall be considered to be in violation, and the zoning administrator may cause the abandoned sign to be removed at the property owner's expense.

4.

Any abandoned pole or ground sign support structures, poles or pole brackets, shall be removed by the owner or lessee of the premises upon which the sign is located when the business it advertises is no longer on the premises within three hundred sixty-five (365) days from the termination of occupancy by such business. This shall not apply to sign listings within multi-tenant buildings in which tenants change.

5.

Once removed in accordance with this section, any new sign erected on the premises must comply with all aspects of this ordinance, and shall require a new sign permit.

M. - Nonconforming signs.

1.

In general, any sign erected in accordance with all applicable regulations in effect at the time of its construction shall be allowed to continue to exist, and may be maintained in its current state unless abandoned, rebuilt, or otherwise modified.

2.

All nonconforming signs shall be subject to the detailed regulations found in section VI, Nonconformity.