(A)    Signs obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation. The purpose of this subchapter 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 subchapter allows adequate communication through signage while encouraging aesthetic quality in the design, location, size, and purpose of all signs. This subchapter shall be interpreted in a manner consistent with the First Amendment guarantee of free speech. If any provision of this subchapter is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this subchapter which can be given effect without the invalid provision.

   (B)   Signs not expressly permitted as being allowed by right or by special use permit under this subchapter, by specific requirements in another portion of this chapter, or otherwise expressly allowed by the Town Council are forbidden.

   (C)   A sign placed on land or on a building for the purpose of identification, protection, or directing persons to a use conducted therein shall be deemed to be an integral but accessory and subordinate part of the principal use of land or building. Therefore, the intent of this subchapter is to establish limitations on signs in order to ensure they are appropriate to the land, building, or use to which they are appurtenant and are adequate for their intended purpose while balancing the individual and community interests identified in division (A) above.

   (D)   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.

   (E)   These regulations distinguish between portions of the town designed for primarily vehicular access and portions of the town designed for primarily pedestrian access.

   (F)   These regulations do not regulate every form and instance of visual speech that may be displayed anywhere within the jurisdictional limits of the town. Rather, they are intended to regulate those forms and instances that are most likely to meaningfully affect one or more of the purposes set forth above.

   (G)   These regulations do not entirely eliminate all of the harms that may be created by the installation and display of signs. Rather, they strike an appropriate balance that preserves ample channels of communication by means of visual display while still reducing and mitigating the extent of the harms caused by signs.

(1998 Code, § 66-360) (Ord. passed 9-5-2017; Ord. 2020-06, passed 11-4-2020; Ord. O-2025-12, passed 10-21-2025)

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1998 Code, § 66-361) (Ord. passed 9-5-2017; Ord. 2020-06, passed 11-4-2020; Ord. O-2023-12, passed 6-6-2023; Ord. O-2025-12, passed 10-21-2025)

      (1)   An application for a sign permit shall be filed with the town on forms furnished by the town. The applicant shall provide sufficient information to determine if the proposed sign is permitted under this chapter and other applicable laws, regulations, and ordinances. An application for a temporary sign shall state the dates intended for the erection and removal of the sign.

      (2)   The Town Zoning Administrator or designee shall promptly process the sign permit application and approve the application, deny the application, or notify the applicant of deficiencies in the application within 30 business days after receipt. Any application that complies with all provisions of this chapter, the Building Code, and other applicable laws, regulations, and ordinances shall be approved.

      (3)   If the application is denied, the town shall provide a list of the reasons for the denial in writing. An application shall be denied for noncompliance with the terms of this chapter, the Building Code, or other applicable law, regulation, or ordinance.

      (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; or

      (3)   The sign violates this chapter, the Building Code, or other applicable law, regulation, or ordinance.

      (1)   For non-residential use properties, each business per parcel will be considered individually as the basis of each use, including when calculating the maximum number of signs;

      (2)   For residential use properties, each tenant or homeowner per parcel will be considered individually as the basis of each use, including when calculating the maximum number of signs.

      (1)   Any sign structures with a height greater than 15 feet; and/or

      (2)   Any sign structure whose component parts individually have a width greater than five inches.

(1998 Code, § 66-362) (Ord. passed 9-5-2017; Ord. 2020-06, passed 11-4-2020; Ord. O-2023-12, passed 6-6-2023; Ord. O-2025-12, passed 10-21-2025) Penalty, see § 10.99

   A sign permit is not required for the following:

   (A)   Signs erected by a governmental body or required by law;

   (B)   Flags up to 16 square feet in size, subject to limitations on their number contained elsewhere in this chapter; provided, that no freestanding pole shall be erected in the public right-of-way nor be within five feet of a service drive, travel lane, or adjoining street;

   (C)   The changing of messages on marquees and the repair of an existing permitted sign, except that repair of a nonconforming sign must comply with § 157.308(E);

   (D)   Temporary signs as follows:

      (1)   For non-residential use property one sign, no more than 16 square feet in area, located on property where a building permit is active;

      (2)   On residential-use 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. Once removed, temporary signs may not be erected again for 30 days; and

      (3)   On residential-use property, window signs, provided that the total extent of window signs do not obstruct more than 25% of the total area of all windows on each building façade.

      (4)   On any property for sale or rent, not more than one sign with a total area of up to 16 square feet and a maximum height of six feet when the sign abuts a road with a speed limit of 25 mph or less, and when the sign abuts a road with a speed limit greater than 25 mph not more than one sign with a total area of up to 32 square feet and a maximum height of eight feet;

      (5)   On any property official notices or advertisements posted or displayed by or under the direction of any public or court officer in the performance of his or her official or directed duties; provided, that all such signs shall be removed no more than ten days after their purpose has been accomplished;

   (E)   Not more than four minor signs, consistent with the tables in §§ 157.320 and 157.321. Additional minor signs are permitted in certain districts with a permit;

   (F)   Two A-frame signs, consistent with § 157.307 and the tables in §§ 157.320 and 157.321;

   (G)   Window signs, provided that the aggregate area of all window signs on each window or door does not exceed 25% of the total area of the window or door; and

   (H)   Box signs, consistent with the tables in §§ 157.320 and 157.321.

   (I)   Signs consisting of illuminated tubing or strings of lights outlining property lines or open sales areas, rooflines, doors, windows, or wall edges of any building, unless colored and installed outside of October 1 through March 31.

(1998 Code, § 66-363) (Ord. passed 9-5-2017; Ord. 2020-06, passed 11-4-2020; Ord. O-2023-12, passed 6-6-2023; Ord. O-2025-12, passed 10-21-2025)

   In addition to signs prohibited elsewhere in this code or by applicable state or federal law, the following signs are prohibited.

      (1)   Signs that violate any law of the state relating to outdoor advertising;

      (2)   Signs attached to natural vegetation;

      (3)   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 town official as a nuisance;

      (4)   Vehicle or trailer signs;

      (5)   Freestanding signs more than 15 feet in height;

      (6)   Vending machines within the Old and Historic Occoquan District that are outside of a wholly enclosed structure; and

      (7)   Any sign displayed without complying with all applicable regulations of this chapter.

      (1)   Signs painted directly on a building, driveway, or private road, except where expressly permitted by this chapter;

      (2)   Animated signs;

      (3)   Flashing signs;

      (4)   Signs consisting of colored illuminated tubing or strings of lights, except during the period October 1 through March 31 or with a permit as provided in § 157.302(I);

      (5)   Signs that emit smoke, flame, scent, mist, aerosol, liquid, or gas;

      (6)   Signs that emit sound;

      (7)   Any electronic sign that is generated by a series of moving images, such as a TV, digital display, or other video technology, whether displayed on a building, vehicle, or mobile unit;

      (8)   Strings of flags (two or more connected together) visible from, and within 50 feet of, any public right-of-way;

      (9)   Pole signs less than six feet in height;

      (10)   Feather signs;

      (11)   Inflatable signs;

      (12)   Internally lighted signs, except for marquees and box signs;

      (13)   Neon signs; and

      (14)   A-frame signs made of plastic, vinyl, and/or non-durable materials.

      (1)   Off-premises signs placed in a manner inconsistent with the standards provided in § 157.307(F);

      (2)   Signs erected on public land other than those approved by an authorized town official in writing, required by law without such approval, or permitted under VA Code § 24.2-310 E. Any sign not so authorized is subject to immediate removal and disposal by any authorized official. Removal of the sign under this provision does not preclude prosecution of the person responsible for the sign;

      (3)   Signs on the roof surface or extending above the roofline of a building or its parapet wall;

      (4)   Any sign which obstructs visibility for motorists or pedestrians at an intersection of a public street;

      (5)   Window signs whose aggregate area on a window or door exceed 25% of the total area of the window or door; and

      (6) Yard signs in business districts.

(1998 Code, § 66-364) (Ord. passed 9-5-2017; Ord. 2020-06, passed 11-4-2020; Ord. O-2021-07, passed 12-7-2021; Ord. O-2023-12, passed 6-6-2023; Ord. O-2025-12, passed 10-21-2025) Penalty, see § 10.99

      (1)   Sign area is calculated under the following principles.

         (a)   With signs that are regular polygons or circles, the area can be calculated by the mathematical formula for that polygon or circle. With signs that are not regular polygons or circles, the sign area is calculated using all that area within a maximum of three abutting or overlapping rectangles that enclose the sign face.

         (b)   The permitted area of a double-faced sign shall be considered to be the area on one side only. If one face contains a larger sign area than the other, the larger face shall be used in calculating the sign area. A double-faced sign must have an internal angle between its two faces of no more than 45 degrees.

         (c)   For projecting signs with a thickness of four inches or more, the sign area also includes the area of the visible sides of the sign, calculated as a rectangle enclosing each entire side view.

      (2)   The maximum height for any freestanding sign or sign structure measured from the average of the finished ground elevation of the base of the sign or bottom of a wall or fence shall be 15 feet unless otherwise specified within this chapter.

      (3)   Maximum sign area is 16 square feet unless otherwise specified within this chapter.

(1998 Code, § 66-365) (Ord. passed 9-5-2017; Ord. 2020-06, passed 11-4-2020; Ord. O-2025-12, passed 10-21-2025) Penalty, see § 10.99

   (A)   All signs shall be constructed and mounted in compliance with the State Uniform Statewide Building Code, 13 VAC 5-63.

   (B)   All signs and components thereof shall be maintained in good repair and in a safe, neat, and clean condition.

   (C)   The Building Official may take action under the State Maintenance Code, after such notice as is provided by law, to address any sign which, in his or her opinion, has become insecure, in danger of falling, or otherwise unsafe, and, as such, presents an immediate threat to the safety of the public. If such action is necessary to render a sign safe, the cost of such emergency removal or repair shall be at the expense of the owner or lessee thereof as provided in Chapters 92 and 150 of this code.

   (D)   Where the use or business has ceased operating, the owner of the sign or property owner shall remove the sign within 60 days of the cessation of use or business operation, or remove/replace the sign face with a blank face until such time as a new use or business has resumed operating on the property.

   (E)   Any sign which becomes a safety hazard or which is 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 by the Zoning Administrator to the owner and permit holder. Any sign which constitutes a nuisance may be abated by the town under the requirements of VA Code §§ 15.2-900, 15.2-906, and/or 15.2-1115.

(1998 Code, § 66-366) (Ord. passed 9-5-2017; Ord. 2020-06, passed 11-4-2020; Ord. O-2025-12, passed 10-21-2025) Penalty, see § 10.99

      (1)   In the case of indirect lighting, the source shall be so shielded that it illuminates only the face of the sign. However, wall signs shall be indirectly illuminated or have shielded direct lighting, unless otherwise prohibited within this chapter. Indirect lighting shall consist of full cut-off or directionally shielded lighting fixtures that are aimed and controlled so that the directed light shall be

substantially confined to the sign to minimize glare, sky glow, and light trespass. The beam width shall not be wider than that needed to light the sign.

      (2)   Internal illumination shall be limited to the illumination standards for outdoor lighting in § 157.287. No sign shall be permitted to have an illumination spread of more than five-hundredths foot-candle at the lot line, shine into oncoming traffic, affect highway safety, or shine directly into a residential dwelling unit. In no event shall the illumination of any sign resulting from any internal or external artificial light source exceed 100 lumens. All lighting fixtures used to illuminate a sign shall be full-cutoff, as defined by the Illuminating Engineering Society of North America (IESNA), and shall have fully shielded or recessed luminaires with horizontal-mount flat lenses that prevent upward light scatter and protect the dark night sky.

      (3)   All illumination for signs shall comply with provisions of §§ 157.285 through 157.288.

         (a)   The sign is entirely outside the vehicular travel portion of a street or roadway;

         (b)   The sign is no larger than eight square feet per sign face;

         (c)   The sign is no taller than three and one-half feet;

         (d)   If located on public or private sidewalks or similar pedestrian pathways, the sign shall leave a continuous through pedestrian zone of at least three feet in width;

         (e)   The sign does not obstruct pedestrian and wheelchair access from the sidewalk to any of the following: transit stop areas, designated disabled parking spaces, disabled access ramps, or building exits including fire escapes; and

         (f)   The sign is displayed outdoors only during operating hours of the establishment which owns the sign.

      (4)   Temporary signs shall not contain more than four colors.

      (6)   Temporary signs installed and used for special events and festivals sponsored by the town may be erected without a permit and shall be removed within two days after the event.

      (1)   Off-premises signs shall not result in an individual business or parcel exceeding the maximum number of A-frame signs allowed by this subchapter.

      (2)   Consent of the property owner where the sign is to be placed shall be provided as part of the requirements for approval for sign permits.

      (3)   An off-premises sign must not be placed more than 150 feet from the business which owns the sign.

(1998 Code, § 66-367) (Ord. passed 9-5-2017; Ord. 2020-06, passed 11-4-2020; Ord. O-2023-12, passed 6-6-2023; Ord. O-2025-12, passed 10-21-2025) Penalty, see § 10.99

   (A)   Signs lawfully existing on the effective date of this chapter or prior ordinances, which do not conform to the provisions of this chapter, and signs which are accessory to a nonconforming use shall be deemed to be nonconforming signs and may remain except as qualified below. The burden of establishing nonconforming status of signs and of the physical characteristics/location of such signs shall be that of the owner of the property. Upon notice from the Zoning Administrator, a property owner shall submit verification that sign(s) were lawfully existing at time of erection. Failure to provide such verification shall be cause for order to remove sign(s) or bring sign(s) into compliance with the current ordinance.

   (B)   No nonconforming sign shall be enlarged nor shall any feature of a nonconforming sign, such as illumination, be increased.

   (C)   (1)   Nothing in this section shall be deemed to prevent keeping in good repair a nonconforming sign.

      (2)   Nonconforming signs shall not be extended or structurally reconstructed or altered in any manner, except a sign face may be changed so long as the new face is equal to or reduced in height and/or sign area.

   (D)   No nonconforming sign shall be moved for any distance on the same lot or to any other lot unless such change in location will make the sign conform in all respects to the provisions of this subchapter.

   (E)   (1)   A nonconforming sign that is destroyed or damaged by any casualty to an extent not exceeding 50% of its area may be restored within two years after such destruction or damage but shall not be enlarged in any manner.

      (2)   If such sign is so destroyed or damaged to an extent exceeding 50%, it shall not be reconstructed but may be replaced with a sign that is in full accordance with the provisions of this subchapter.

   (F)   A nonconforming sign which is changed to becoming conforming or is replaced by a conforming sign shall no longer be deemed nonconforming, and thereafter such sign shall be in accordance with the provisions of this subchapter.

   (G)   A nonconforming sign structure shall be subject to the provisions of § 157.212.

   (H)   After making a reasonable attempt to notify the property owner, the Zoning Administrator may order the removal of a nonconforming sign structure that has been abandoned. For purposes of this division (H), a sign shall be considered abandoned if the business for which the sign was erected has not been in operation for a period of at least six months. If the property owner has refused to remove the sign after the Zoning Administrator has made a reasonable attempt to notify the property owner that the sign must be removed within 15 days of the notice, the Zoning Administrator may enter the property upon which the sign is located and remove any such sign or may initiate such legal action as may be necessary to gain compliance with this provision. The cost of such removal shall be chargeable to the owner of the property.

(1998 Code, § 66-368) (Ord. passed 9-5-2017; Ord. 2020-06, passed 11-4-2020; Ord. O-2025-12, passed 10-21-2025) Penalty, see § 10.99

   Wherever this subchapter 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.

(1998 Code, § 66-369) (Ord. passed 9-5-2017; Ord. 2020-06, passed 11-4-2020; Ord. O-2025-12, passed 10-21-2025) Penalty, see § 10.99