The purpose of this article is to create the legal framework for a comprehensive but balanced system of signs, and thereby to facilitate harmonious and effective communication between people and their environment and to alleviate the proliferation of signs that are detrimental to the visual environment and economic vitality of Onancock. Further, the purposes of these sign regulations are also:

(1)

To encourage the use of signs which are compatible with their surroundings;

(2)

To maintain and enhance the aesthetic environment and the town's ability to attract sources of economic growth;

(3)

To minimize adverse impacts of signs on nearby public and private properties;

(4)

To protect property values;

(5)

To protect against inappropriate or hazardous visual encroachment and complement the characters of the town's neighborhoods and zoning districts;

(6)

To enable the fair and consistent enforcement of sign regulations; and

(7)

To protect the public's health, safety, and welfare.

(Ord. of 4-24-2023)

(a)

Applicability of articles. The regulations contained in this article shall apply to all zoning districts in the town, unless expressly superseded by the specific provisions set forth herein. If there is a conflict between the requirements of the articles herein, the requirement of the more specific article shall apply.

(b)

Administration and enforcement of chapter.

(1)

It shall be unlawful to display, erect, paint, or otherwise maintain a sign except in conformance with this chapter.

(2)

In cases where contiguous zoning is different, the more restrictive zoning classification shall be considered the contiguous zoning classification. In cases where there is no contiguous zoning, the maximum sign area for the district shall be permitted.

(3)

This chapter, and the various parts, sections, and clauses hereof, are hereby declared to be severable. If any part, section, or clause is adjudged invalid, the remainder shall remain in full force and effect.

(c)

Permit required. Except where expressly provided, a permit shall be required prior to the erection, display, alteration, repair, or relocation of any sign, including sign face replacement. A permit shall not be required for routine maintenance or a change in changeable copy to a legally existing sign that results in no alteration to the sign structure.

(1)

Permits for permanent signage shall be governed by the Uniform Statewide Building Code.

(2)

A complete permit application shall include the following:

a.

A fully completed sign permit application in a form set forth by the town, which shall include all information necessary to ascertain compliance with the town code and zoning ordinance; and

b.

A non-refundable fee as set forth in section 6-21 of the town code.

(Ord. of 4-24-2023)

The following types of signs are prohibited:

(a)

Signs not expressly permitted in, or which violate any provision of, this chapter.

(b)

Signs located on a public right-of-way or other town-owned property without a permitted encroachment agreement, which are subject to immediate removal without notice.

(c)

Signs displayed on any vehicle unless the vehicle is licensed in accordance with state and local requirements and has a current state registration and inspection.

(d)

Abandoned nonconforming signs (defined as signage on the property of an abandoned business in an unoccupied structure), whose removal the town may order provided the town gives the owner of the property on which the sign is located written notice to remove the sign. Such notice may not be given until the expiration of a one-year period necessary for the nonconforming sign to be considered abandoned. If, following such one-year period, the town has made a reasonable attempt to notify the property owner, the town through its own agents or employees may enter the property upon which the sign is located and remove any such sign whenever the owner has refused to do so. The cost of such removal shall be chargeable to the owner of the property. Nothing herein shall prevent the town from applying to a court of competent jurisdiction for an order requiring the removal of such abandoned nonconforming sign by the owner by means of injunction or other appropriate remedy.

(e)

Discontinued signs (defined as signage pertaining to businesses or services not operating on the property for 12 consecutive months), which shall require the owner of the property on which the discontinued sign is located to:

1.

Remove the sign face and remove all lighting if sign directly attached to a structure, or

2.

Remove the sign structure entirely if the sign is free standing.

(f)

Internally lighted signage in the B-1, B-W, or any residentially zoned structure.

(Ord. of 4-24-2023)

No person except a public officer or town employee in performance of a public duty, shall display in any fashion or manner any advertisement or message on any town owned property.

(Ord. of 4-24-2023)

(a)

The following are signs and flags permitted by right in the various districts:

(1)

Memorial tablets or signs of less than four square feet.

(2)

Signs required to be maintained by law or governmental order, including traffic control devices, rule or regulation, with a total surface area not exceeding four square feet on any lot or parcel.

(3)

Signs which are within a ballpark or other similar public recreational use.

(4)

Flags or emblems of civic, governmental, philanthropic, educational or religious organizations.

(5)

Signs displayed for the direction or convenience of the public, including signs which identify restrooms.

(6)

Signs placed by a public utility less than four square feet.

(7)

Church bulletin board and identification signs with a total surface area not exceeding 20 square feet per sign.

(8)

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

(9)

Up to two signs, not to exceed four square feet each, advertising the sale or rent of the specific premises where the sign is located.

(10)

In the B-1, B-2, and B-W districts, one sign or a combination of letters of up to 32 square feet may be attached to a building, structure, or awning, where business is conducted on the premises, for the purpose of advertising and displaying the name, address, and/or a business slogan, of that specific business.

(11)

One sign in addition to the sign with the business name may advertise the price of a product or service, provided that the sign is attached to a permanent structure on the premises where the business is located. These signs shall be no larger than 16 square feet and limited to the B-1, B-2, and B-W districts.

(12)

Window signs that do not cover more than 30 percent of the area of the window on which they are displayed.

(13)

Changeable letter signs permanently affixed to the building.

(14)

Non-commercial signs in residentially zoned areas providing occupant name or address information.

(15)

Murals painted directly on the structure with no reference to any business or product or service.

(b)

All signs and supporting structures shall be maintained in good repair.

(Ord. of 4-24-2023)

In measuring the area of signs permitted under these regulations, the entire face of the sign (on one side only) shall be included. Where both sides of the sign contain lettering or other allowable display, one side only shall be used to compute the allowable size of the sign. Where the sign consists of individual raised letters or a sign face of irregular shape, the sign area shall include the area of the smallest rectangle that can encompass the letters or sign face.

(Ord. of 4-24-2023)

Signs shall not exceed a height of 20 feet above ground level or the street to which it is oriented, whichever is higher. In no case will any sign project above the top of the building to which it is attached.

(Ord. of 4-24-2023)

(a)

Except for authorized traffic signs, no sign shall be erected at the intersection of any streets in such a manner as to create a traffic hazard by obstructing vision between heights of 2 ½ feet and eight feet; or at any location where it may interfere with, obstruct the view of, or be confused with any authorized traffic sign.

(b)

No sign will be erected 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 stopping or the existence of danger on any street.

(c)

No sign will be erected 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.

(d)

No sign will be erected which is inconsistent with state law or the provisions of this chapter.

(e)

No sign will be allowed which involves noise, motion, or rotation of any part of the structure or displays intermittent or flashing lights, neon lights, inflatable, scrolling sign, television or computer displays visible from the street, marquee, or projections signs.

(f)

No sign will be erected which is mobile or on wheels. All permanent, free-standing signage shall be permanently anchored in concrete or permanently attached to piling or posts firmly embedded in the ground.

(g)

The bottom of an overhanging sign or awning shall be at least eight feet above the ground.

(h)

Sandwich board signage must be removed when the business is not open. When the business is open, the sandwich board must leave reasonable space for pedestrians to pass safely. Temporary signs for limited business events may be placed using the standards of this article and may be used for no more than 10-days. One temporary sign for real estate sales and property rentals is permitted on the property to which the sale and rental pertains.

(i)

Except where expressly provided, a permit shall be required prior to the erection, display, alteration, repair, or relocation of any sign, including face replacement. A permit shall not be required for routine maintenance or a change in changeable copy to a legally existing sign that results in no alteration of the sign structure.

(j)

Any banner wishing to advertise an event on town owned property must be approved by the town manager for placement and timing (no longer than six weeks). Banners determined unreadable in their entirety from a moving vehicle will not be approved. Banners that fall or sag and become unreadable must be corrected within 24-hours or the town will remove the banner.

(k)

Externally lit signs must be illuminated with steady, stationary fixtures and shall be directed downward at the sign without causing glare to pedestrians or vehicles.

(Ord. of 4-24-2023)

Any sign lawfully in existence at the time of the effective date of the ordinance from which this chapter is derived may be maintained although it does not conform with the provisions of this chapter. No nonconforming sign may be enlarged, extended altered, relocated, or replaced. Any damaged or destroyed nonconforming sign requiring repairs at a cost of 50 percent or more of the replacement cost of the sign shall be removed or brought into conformity with the current ordinance. Replacement cost shall be calculated using a substantially similar sign with the same materials as the original sign and shall only include the cost of the supporting structure, foundation, and sign face(s).

(Ord. of 4-24-2023)

Off-premises signs are not permitted in any district except for banners for events sponsored by civic, philanthropic, or religious organizations.

(Ord. of 4-24-2023)

(a)

In the event the owner, occupant or other person responsible for any property shall fail or refuse to, abide by the terms herein, the town manager or designee shall give written notice without confirmation of receipt to the owner of such property correct the violation as described by this article within 30 days from the date of such notice and to so maintain it thereafter. One such written notice shall satisfy the notice requirement above to authorize the town to take corrective measures. The owner shall reimburse the town for all costs incurred to bring the signage into compliance with this code. In addition to these costs, a violation of this subsection shall be punishable as a criminal misdemeanor with a fine of at least $100.00. Each day after the 30-day period which the condition is ongoing shall constitute a separate offense and fines will accumulate up to $1,000.00. Such fine shall be collected by the town pursuant to the same procedures and in the same manner as real estate taxes and shall be a real estate tax lien upon such land.

(b)

Notice may be made by direct posting on the property front door, regular postal delivery, email, hand delivery, verbally, or certified mail. In case the notice referred to in this section cannot reasonably be served on the owner, or when such notice is mailed to the owner's last known address as shown in the town office, and such owner fails to comply with such notice, the sign may be removed by the town or designee and the necessary expenses of such shall be chargeable to such owner. The town manager shall certify such expenses. Such expenses, when so certified, together with a $150.00 service charge per occurrence, shall be collected by the town pursuant to the same procedures and in the same manner as real estate taxes and shall be a real estate tax lien upon such land.

(Ord. of 4-24-2023)