The provisions of this ordinance are made to establish reasonable and impartial regulations for all exterior signs and to further the objectives of the comprehensive plan of Purcellville; to protect the general public health, safety, convenience, and welfare; to reduce traffic hazards caused by unregulated signs which may distract, confuse, and impair the visibility of motorists and pedestrians; to ensure the effectiveness of public streets, highways, and other public improvements; to facilitate the creation of an attractive and harmonious community; to protect property values; and to further economic development. To these ends, these regulations are intended to promote signs that are:

(1)

Compatible with the landscape/streetscape and architecture of surrounding buildings;

(2)

Legible and appropriate to the activity to which they pertain;

(3)

Not distracting to motorists; and

(4)

Constructed and maintained in a structurally sound and attractive condition.

Any sign, display, or device allowed under this ordinance may contain, in lieu of any other copy, any otherwise lawful noncommercial message that does not direct attention to a business operated for profit or to a commodity or service for sale, and that complies with all other requirements of this ordinance.

Signs constitute a separate and distinct use of the land upon which they are placed and affect the use of adjacent streets, sidewalks, and property. These regulations shall apply to all signs erected within the Town of Purcellville following the effective date of this ordinance.

No sign, including face changes and temporary signs or sign structure, except as provided in Section 8.7: Exempt signs, shall be erected, displayed, altered, relocated, or replaced until a sign permit has been issued. For the purposes of this ordinance, all signs are considered accessory uses of real property and shall be located on the premises of the principal use to which they pertain.

It shall be unlawful to erect, cause to be erected, maintain or cause to be maintained any sign not expressly authorized by, or exempted from this section. The following signs, sign structure, and related equipment shall not be permitted, erected or maintained in the town, unless otherwise provided for in this ordinance:

(1)

Any sign or sign structure which is structurally unsafe, or constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or abandonment, or which is not kept in good repair, or is capable of causing electrical shocks to persons or other living beings that are likely to come into contact with it.

(2)

Any sign, which was or is unlawfully installed, erected or maintained in violation of the requirements of this article.

(3)

Any sign, which would project above the height, of the building roofline, except that a sign may be mounted on a parapet wall provided that the sign does not extend above the parapet wall.

(4)

Any sign mounted on the roof of a building behind the front facade.

(5)

Snipe signs except as otherwise provided for in these regulations.

(6)

Unauthorized signs on property owned by or under the control of the town.

(7)

Any addition and/or enlargement or other alteration of an existing sign unless such addition and/or enlargement or other alteration has been approved by issuance of a new sign permit by the town.

(8)

Animated and moving signs, including, but not limited to, pennants, flags with commercial messages, banners, streamers, propellers, discs, and searchlights unless otherwise provided for in this chapter.

(9)

Flashing signs.

(10)

Changeable copy signs, excluding approved institutional bulletin boards, theater signs and fuel price signs as permitted by this ordinance.

(11)

Glaring signs.

(12)

Inflatable signs and objects, including, but not limited to, balloons, unless otherwise provided for in this chapter.

(13)

Internally illuminated translucent signs, including, but not limited to, internally illuminated panel signs, window signs and box signs, but not including individually illuminated letters and channel letters or halo-lit signage. Such prohibition shall not apply to industrial districts.

(14)

LED signs unless otherwise provided for in this article.

(15)

Off-premises signs, including billboards. Any sign which is not located on the premises that it identifies or advertises.

(16)

Portable signs. Any sign that is not permanently affixed to a building, structure, or the ground. This shall not apply to temporary signs.

(17)

Simulated traffic signs and obstructions. Any sign which may be confused with or obstruct the view of any authorized traffic sign or signal, obstruct the sight distance triangle at any street intersection, or extend into the public right-of-way.

(18)

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

(19)

Vehicular signs. Any sign displayed on a parked vehicle, where the primary purpose of the vehicle is to advertise a product or business or to direct people to a business or activity. For the purposes of this ordinance, vehicular signs shall not include business logos, identification, or advertising on vehicles used for other business purposes. Such signs shall be determined to be in violation of this ordinance if they are on vehicles that are owned and/or operated by the business and parked in parking spaces intended for and/or normally used by customers or visitors to the business. However, a sign which is affixed to a truck, bus, trailer or other vehicle which such vehicle is maintained and operated primarily for business purposes other than the display of such a sign on a lot, shall not be considered an illegal sign, but shall be considered an exempt sign.

Sign permits shall not be required for the following signs; however, all other applicable regulations of this ordinance shall apply:

(1)

Address or identification signs. Signs indicating the address and/or names of occupants of premises, not exceeding three square feet in area. This includes nameplates on commercial structures, which would not be included in the overall sign area calculations, and internal directory signs for multiple businesses on a single zoning lot.

(2)

Artwork. Works of art that do not include any commercial messages or references.

(3)

Directional signs. Signs giving on-site directional assistance for the convenience of the public, not exceeding three square feet in area or located closer than five feet to any property line. Directional signs may be internally lit.

(4)

Flags, emblems and insignia of any governmental agency or religious, charitable, public or nonprofit organization, college, or sport team flags in residential districts; provided however that no single flag shall exceed 50 square feet in area. Flag signage that incorporates open and similar commercial messages are considered temporary signs and are not exempt under this section.

(5)

Handicapped parking space signage.

(6)

Security and warning signs. Signs posted on private property warning the public against trespassing, or similar message, provided that any such sign does not exceed three square feet.

(7)

Official notices or advertisements. Notices posted by any public or court officer or any trustees under deeds of trust, or other similar instruments. Includes HOA meeting and similar announcement signs, must be placed on HOA property.

(8)

Private drive signs. On-premises private drive signs limited to one per drive entrance, not exceeding two square feet in area, with language limited to the words "private drive" and the address of any residences utilizing the private roadway.

(9)

Public signs. Signs including, but not limited to, traffic, utility and other regulatory signs erected by government agencies.

(10)

Any sign not visible from a public right-of-way or adjoining properties (residential and commercial).

(11)

Public information signage. Any sign placed by the town and used to inform the general public about an in-town event, meeting, gathering, or similar circumstance.

(1)

Temporary signs erected during the predevelopment or development stage of residential and nonresidential projects. Freestanding signs with one or two faces and wall-mounted signs or window signs with one face shall be permitted subject to the following restrictions:

(a)

Permitted content: The name, logo, address and telephone number of the real estate agent and or owner, offering the property on which it is located for sale, lease, or rent and other related information. Signs may include identification of developers, contractors, architects, engineers, real estate agents and other related information.

(b)

Maximum area: Sixty-four square feet per sign face. Window signs 16 square feet.

(c)

Maximum number: One per 400 feet or fraction thereof of each street frontage. Plus, one window sign.

(d)

Location: Within 100 feet of the entrance to the development, which it identifies, or in another suitable location as determined by the zoning administrator.

(e)

Minimum setbacks: Twenty feet from lot line.

(f)

Maximum height: Ten feet.

(g)

Time limit: Prior to the issuance of a certificate of occupancy of a completed residential or nonresidential structure, all such signs shall be removed. Property must have an unexpired preliminary plat, final plat, site plan or zoning permit to display signage. Temporary signs may be renewed every six months with the appropriate fee paid as long as the plats or plans are unexpired.

(h)

Distance and height regulations may be altered if unique physical conditions exist as determined by the zoning administrator.

(i)

Temporary development signage may be placed in windows. Banners as regulated in this section are acceptable.

(2)

Temporary real estate signs. Freestanding signs with one or two faces, and wall-mounted signs, and window signs with one face shall be permitted only for the purpose of advertising the land or building for sale, rent or lease, and shall relate only to the premises upon which the sign is located. No sign permit or fee shall be required for temporary residential and commercial real estate signs that do not exceed six square feet. Real estate signs shall be subject to the following restrictions unless otherwise exempted in this article:

(a)

Permitted content: The name, logo, address and telephone number of the real estate agent or owner, offering the property on which it is located for sale, lease, or rent and other related information.

(b)

Maximum area:

i.

For residential uses and nonresidential uses in residential districts, six square feet per sign.

ii.

For nonresidential and multifamily uses, 16 square feet per sign face.

iii.

For nonresidential and multifamily uses on Main Street, Maple Avenue, 23rd Street, Hatcher and 21st Street. North of Main nine square feet per sign face.

iv.

All such signs shall be included with all other business signs when calculating the allowable square footage for the business or lot.

(c)

Maximum number:

i.

One sign per residential building. In addition, during an open house one additional open house sign may be displayed during the hours of the open house only.

ii.

One nonresidential (includes multi-family, three or more units) real estate sign for each street frontage. In addition to the main sign, a for sale or lease sign not exceeding four square feet may be placed at the individual unit for sale or lease.

(d)

Location: Must be displayed on the lot advertised for sale.

(e)

Minimum setbacks:

i.

Twenty feet from the lot line of another lot and five feet from a public right-of-way.

ii.

In an intersection of streets and with access drives, as required by in the clear visibility triangle as defined in Article 1, Section 6.

iii.

Setbacks may be adjusted if unique physical conditions exist as determined by the zoning administrator.

(f)

Maximum height for a freestanding sign: Six feet.

(g)

Time limit: Signs advertising the sale, lease or rental of vacant land and requiring a permit shall be removed immediately upon the sale, lease or rental of the property, or within six months from the issuance of a temporary sign permit unless such sign permit is properly renewed and the appropriate fee paid.

(h)

Real estate signs shall not be placed within public right-of-way.

(i)

Temporary real estate signs are not permitted for businesses engaged in the rental or lease of facilities on an ongoing basis (e.g. self-storage units, multi-unit apartment complexes, etc.).

(j)

Sidewalk/sandwich real estate signs are prohibited except for open house events.

(k)

Banners are prohibited.

(l)

Sign supports for freestanding signs shall be painted. The supports are part of the sign and should be compatible with the main sign.

(3)

Temporary political signs pertaining to specific elections.

(a)

Location: Signs may be placed on lots where the property owner has given permission. The placing of temporary political signs anywhere on public property is prohibited. Temporary political signs placed on public property shall be deemed to be public property and shall be summarily removed by the town.

(b)

Time limit: Signs permitted pursuant to this section shall be installed no sooner than 60 days prior to the election and removed within three days following the election.

(c)

Such signs shall not exceed 28 square feet per sign.

(d)

Permit requirements: permit and fee required. Permit covers all signs placed by candidate.

(e)

A temporary political sign shall not be placed within a public right-of-way.

(f)

Candidates shall be held responsible for the placement of political signs. An illegally placed temporary political sign may be removed by or at the expense of the political candidate responsible for the illegal placement.

(g)

Any sign which constitutes a life safety hazard shall be immediately removed.

i.

Signs placed in the clear visibility triangle as defined in Article 1, Section 6 that fall between a height of three feet and eight feet shall be deemed to be a life safety hazard and shall be immediately removed.

(4)

Temporary signs and displays announcing the opening of a new business or the change in ownership of an established business. Temporary signs and displays announcing the opening of a new business or the change of ownership of an established business shall be permitted in addition to other signs which may be permitted on the lot where located.

(a)

Permitted content: Any message announcing or promoting the opening of a new business or a change of ownership event.

(b)

Maximum number and type: One freestanding, or wall sign up to 16 square feet per street frontage, or one banner per 400 feet of roadway frontage. A total of no more than two banners placed a minimum of 30 feet apart. Banners may not exceed 32 square feet. One sidewalk/sandwich sign limited to eight square feet. Two flag style banners or pennants. Approved temporary window signage that does not exceed 50 percent of the window area. Balloons are prohibited.

(c)

Location: Within the boundaries of the site.

(d)

Minimum setbacks: Two feet from any property line where possible.

(e)

Maximum height: Twelve feet if free standing or five feet below the highest point on the building facade, whichever is higher.

(f)

Time limit: Signage may be placed 30 days prior to the opening of a new business. Such sign(s) may remain in place for up to 60 days commencing upon the opening of the new business or the change of ownership. Upon completion of the event or 60 days whichever occurs first, such sign(s) shall be removed.

(g)

Large displays such as animal or cartoon character inflatable balloons related to a new opening or a change in ownership, are limited to 14 consecutive days while the temporary signage permit is in force and such signs shall meet location requirements.

(5)

Temporary construction signs. A construction sign shall be permitted only while construction is actually in progress and shall be removed within five days following completion or abandonment of work. No application or fee shall be required for construction signs that do not exceed four square feet. Such signs shall be subject to the following restrictions unless otherwise exempted by this article:

(a)

Location: Within the boundaries of the construction site.

(b)

Minimum setbacks: Five feet from any property line where possible.

(c)

Maximum height: Twelve feet if free standing or five feet below the highest point on the building facade, whichever is higher.

(d)

Such signs shall not exceed 32 square feet per sign. Any sign in this category that is four square feet or less is exempt from permits and fees.

(e)

Maximum number: One sign per contractor, architect, bank, developer or like company is permitted per construction site.

(6)

Temporary signs preceding the installation of permanent signage. In the event that an existing or proposed sign is not available at the time the old sign is taken down, a temporary sign may be used in place of the permanent sign for a period not to exceed 60 consecutive days. Any such sign shall be approved and permitted by the community development department prior to being erected. Replacement and temporary signs shall be of similar size and be located in the same area as the sign that was removed or where it will be placed.

(7)

Temporary promotional signs. On-site portable signs and banners related to a specific promotion or event held by an existing business or organization. A temporary promotion refers to sales, special prices, new product introduction, seasonal, holiday and similar promotions. A promotion is distinguished from a special event by its smaller size and lesser impacts as determined by the zoning administrator.

(a)

Maximum number and type and size: One banner per 500 feet of roadway frontage or total of no more than two banners placed a minimum of 30 feet apart or one portable sign not to exceed ten square feet or one wall sign not to exceed 28 square feet and one sidewalk/sandwich sign limited to eight square feet Banners shall not exceed 28 square feet each.

(b)

Minimum setbacks: Five feet from any property line where possible.

(c)

Maximum height: Twelve feet if free standing or five feet below the highest point on the building facade, whichever is higher.

(d)

Time limit:

i.

Sign(s) permits are valid for up to 30 consecutive days and are eligible for one 30-day extension at an additional fee. No new application shall be approved within 30 days immediately following the expiration of the permit and/or the extension.

ii.

Extensions are considered an additional permit and the appropriate fee must be paid.

iii.

Newly built residential and commercial projects with multiple units for lease or sale that received a certificate of occupancy within the last 12 months may display approved signage for 60 consecutive days and are eligible for one 60-day extension. Such sign(s) shall be removed upon completion of the event or the expiration of the sign permit, whichever comes first.

(e)

Flashing signs, moving signs and regular balloons are prohibited.

(f)

Temporary and seasonal stand signs. The total area of all such signs shall not exceed 20 square feet, nor shall any sign exceed eight feet in height. Temporary signs shall be permitted for an initial period of up to two months. One-month extensions may be requested; requires new permit and additional fee. In no case shall the signs stay in place for more than three consecutive months.

(8)

Temporary signs for special events. This includes, but is not limited to, portable signs, directional signs and banners related to a special event including, but not limited to, school, seasonal, holiday, sporting and similar events or a large commercial special event of short term duration which by its nature is designed to attract large groups of people and create additional traffic beyond the ordinary scope of the business and is characterized by temporary structures, entertainment, celebrity appearances, and other similar occurrences. Generally, these events would occur no more than two times per year.

(a)

A master sign plan for the event and reviewed by the community development department is required. The plan must detail the number of signs, the placement of the signs (on- and off-site) and the message or copy.

(b)

Off-site directional signage that is determined to promote the general safety, health and wellbeing of the community may be approved for use during the special event.

i.

All such signs shall be approved in advance by the zoning administrator.

ii.

The applicant shall receive approval from the owner of the property upon which the signage is placed (including public property and public rights-of-way).

iii.

The directional sign's primary function shall be to direct people to the event.

(c)

Time limit:

i.

Sign(s) may be placed up to 14 days prior to the start of the event and remain in place for the duration of the event.

ii.

All signs shall be removed within 48 hours following the end of the event.

(9)

Regulations for all temporary signs.

(a)

Banners, including open flags.

i.

Banners are limited to a size of 32 square feet.

ii.

Limit one banner per 400 feet of street frontage.

iii.

Maximum height: Twelve feet if free standing or five feet below the highest point of the building facade, whichever is higher.

iv.

Banners shall be attached to a wall and not attached to a roof or trees.

v.

Banners shall be in proportion to the store front and pulled taut.

vi.

Banners shall include graphic pictures in addition to lettering.

vii.

Banners may be strung between two posts that are no higher than six feet from grade.

viii.

Banners must be strung with bungee cords or similar tie downs so as to remain taut at all times.

ix.

Location will be determined by the zoning administrator. It shall not be in the public right-of-way.

x.

Banners are considered temporary signs.

(b)

A-frame signs/sandwich signs.

i.

Limited to eight square feet.

ii.

Height, overall, shall not exceed four feet.

iii.

Sign shall not obstruct any pedestrian path located in a public right-of-way.

iv.

Signs must be placed on-site and within ten feet of the front door of the business where possible. Buildings that abut a town sidewalk (e.g. 21st Street, etc.) are exempt from the on-site requirement.

v.

No items shall be tethered to the sign (e.g. balloons, ribbons, etc.).

vi.

These signs shall be used to advertise special sales, daily specials, or a special promotions or events, not solely the name or nature of the business.

vii.

The sign shall not be illuminated in any manner.

viii.

The sign shall be displayed only when the business is open and stored indoors at all other times.

ix.

The zoning administrator or designee may order the removal of the sign if the zoning administrator finds that the sign violates any of the regulations contained within this chapter.

x.

No more than 50 percent of the sign shall be used for handwritten copy.

xi.

A-frame signage not part of a permitted temporary promotional event is exempt from time limit regulations.

(10)

Farm and community market signs. Such signs shall be permitted pursuant to an annual temporary sign plan submitted by the market manager for approval by the zoning administrator in accordance with applicable provisions of the zoning ordinance.

(11)

Temporary and seasonal produce stand signs. The total area of all such signs shall not exceed 20 square feet, nor shall any sign exceed eight feet in height. Temporary signs shall be permitted for a period not to exceed three months.

(12)

Illegally placed temporary signs shall be removed by the town at the sole expense of the property owner, sign owner, and/or the individual responsible for the illegal placement.

(1)

Any sign which was lawfully in existence at the time of the effective date of the ordinance from which this article is derived which does not conform to the provisions herein, shall be deemed a nonconforming sign and may remain except as qualified herein. No nonconforming sign shall be relocated, enlarged, extended, 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, sign area, and/or projection.

(2)

Removal of nonconforming signs. Nonconforming signs may remain, provided they are kept in good repair, except for the following:

(a)

A nonconforming sign which is damaged, or destroyed by acts of god or negligence of others not including the owner of the sign, may be repaired so long as it is returned to its original state and the nonconformity is not increased.

(b)

A nonconforming sign shall be removed if the structure or use to which it is accessory is destroyed or demolished to the extent exceeding 50 percent of the principal structure's appraised value, or if the use is discontinued or if any change in the sign constitutes more than 50 percent of the replacement cost of the sign.

(c)

Abandoned nonconforming signs. Nothing in this section shall be construed to prevent the zoning administrator, after making a reasonable attempt to notify the affected property owner, from ordering the removal of a nonconforming sign that has been abandoned. For purposes of this section, 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 two years. Following the expiration of the two-year period any abandoned nonconforming sign shall be removed by the owner of the property on which the sign is located, if notified by the zoning administrator to do so. If, following such two-year period, the zoning administrator has made a reasonable attempt to notify the property owner, the zoning administrator or other agent for the town 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 charged to the owner of the property. In addition, the zoning administrator may apply 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.

(1)

General sign regulations for all districts.

(a)

Except as otherwise permitted, all free standing or monument signs shall be set back at least five feet from any street right-of-way unless further restricted by the zoning administrator in order to eliminate a traffic safety hazard.

(b)

When unusual building site conditions prohibit the ability to obtain effective signage, the zoning administrator may issue sign permits which comply with the "intent" of this article upon authorization by the town council.

(c)

Sign area is calculated under the following principals:

i.

The length multiplied by the width of the smallest rectangle encompassing the entire area of sign copy on a single sign face shall determine the area of sign.

ii.

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.

Sign faces separated by an interior angle of 45 degrees or greater, both sign faces shall be included.

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.

(d)

Determination of sign height. When measuring the height of a sign any pole or structure supporting the sign shall be included in the calculation of height. The height of a sign erected within 30 feet of a street shall be the distance from the grade level of the nearest curb of the street to the top of the sign or sign structure, whichever is greater. The height of all signs farther than 30 feet from a street shall be the distance from the grade level where the sign is erected to the top of the sign or sign structure, whichever is greater.

(e)

Monument signs shall have a solid framework with such frame having a six-foot minimum length that runs parallel to the face of the sign. Monument sign frames shall be constructed of materials that are different from the sign face. Such frames shall have texture and relief.

(2)

Hanging signs.

(a)

Maximum of ten square feet and 25-foot separation where possible from other hanging signs.

(b)

Shall provide a minimum clearance of seven feet from finished grade to the bottom of the sign for pedestrian safety.

(3)

Miscellaneous signage.

(a)

Signs on a marquee. Notwithstanding the limitations of this chapter on the projection of signs from the wall of a building, signs shall be permitted on marquees subject to the following restrictions:

i.

The sign shall be affixed flat to the face of the marquee, projecting not more than three inches therefrom.

ii.

The sign shall not extend above or below the structure of the marquee.

iii.

The sign shall be counted in determining the area of wall-mounted signs permitted on the wall from which the marquee projects.

iv.

All signs on a marquee for a building which contains more than one occupant shall be the same size and shape.

v.

Marquee signs. One square foot of sign per one linear foot of unit building frontage with a maximum square footage not to exceed 30 square feet per individual business.

(b)

Signs on a canopy or awning. Notwithstanding limitations of this chapter on the projection of signs from the wall of a building, signs shall be permitted on canopies and awnings subject to the following restrictions:

i.

Permitted content shall include the name or logo of the building, or the name or logo of the principal occupant of the building, the address and telephone number; words describing the nature of the business provided that the letters are 50 percent or less of the height of the letters depicting the name.

ii.

Canopy or awning signs. One square foot of sign per one linear foot of unit building frontage with a maximum square footage not to exceed 30 square feet per individual business.

iii.

The sign shall be professionally painted or printed directly on the canopy or awning.

(c)

Menu signs. Signs in a menu type format mounted on a wall for the display of the type and price of food and beverage sold at a restaurant. Sign shall be mounted no higher than six feet from the ground on a wall, in a window, on an A-frame or on a pole and be a maximum of four-square feet in size and located near the entrance to the restaurant. A-frame style signs not included. Menus and/or other information such as restaurant or other reviews, photographs, autographs, memorabilia and other forms of displays shall be encased or framed and shall not be affixed directly to a window or exterior door. Menu signs shall not be included in the calculation of the maximum overall sign area for the business.

(d)

Landscaping for free standing signs. All free-standing signs must have a landscaped area that surrounds the sign and is at a minimum two times the area of the sign.

(e)

Open and related signs. One generic massed produced neon, florescent, back-lit or LED lit sign such as an "Open" sign and one other neon merchandise or logo sign, each limited to six square feet, are allowed per business. All such signs shall be included with all other business signs when calculating the allowable square footage for the business. Such signs shall not flash, blink or change copy while lit. One flag style open sign is allowed per business.

(f)

Iconic signs such as time and temperature signs, barber poles and other similar symbolic or historical representations shall be exempt from the lighting and movement restrictions of this article.

(g)

Window signs. Signs placed in or on a window. Includes plastic signs, vinyl letters, painted or neon signs.

i.

Permitted content: Business name, logo, address, telephone number, signs denoting hours, open or closed, credit cards or a similar message that provides a customer with information about the store's operation and messages regarding goods and services for sale.

ii.

Maximum area of sign: the size of the sign(s) shall be limited to 33 percent of the glass area for each pane of glass to which it is attached and shall be included with all other business signs when calculating the allowable square footage for the business.

iii.

Stand-alone lettering shall be discouraged. Lettering that incorporates graphic elements, borders, backgrounds shall be encouraged. Placement and design must be consistent, harmonious, and unified throughout all windows.

iv.

Paper, cardboard and hand-written signs are prohibited.

v.

One generic mass-produced neon, LED, lighted sign such as a neon open sign and one additional merchandise sign is allowed per business (except only one is allowed in the C-4 district). A convenience store that sells beer may display up to two logo neon signs (includes beer signs, lotto signs, etc.) and no more than one logo sign per window. All such neon signs shall be included with all other business signs when calculating the allowable square footage for the business.

vi.

Any plastic lettering applied directly to a window is considered a sign and must be approved and permitted by the community development department prior to placement in the window.

vii.

Ground retail floor windows. Absent a showing of good cause by the applicant, the windows of all ground floor businesses which are open to the public shall remain clear of curtains, shutters, or similar visual barriers in order to prevent obscuring interior displays, activities, etc. Whether the applicant has demonstrated "good cause" shall be determined by the town's zoning administrator in the exercise of his/her sole discretion.

(4)

Maximum number of signs permitted per zoning lot. Generally, two signs per lot, no two signs may be the same sign type unless otherwise exempted in this article. One freestanding or monument sign per lot frontage. For lots with frontage on more than one public right-of-way, one freestanding or monument sign per right-of-way not to exceed two is permitted. For lots with at least 400 feet of public right-of-way frontage on a single street, up to two monument signs are permitted, provided such signs are located at least 100 feet apart. One sign per business frontage (wall, projecting, awning, or canopy) is permitted per individual establishment. Directional signage is exempt from this requirement.

(5)

Residential signs.

(a)

General regulations for signs on residential lots. Subject to the general sign regulations of Section 8.10 and ordinances regulating structural and safety features, accessory nonilluminated or indirectly illuminated signs (as approved by the administrator) are permitted as follows:

i.

Address signs (no permit required).

ii.

Security and warning signs (no permit required).

iii.

A sign limited in area to 24 square feet, and six feet in height for identification of permitted public, semi-public, or recreational uses (no permit required).

iv.

One nonilluminated sign per residential lot, not to exceed four square feet, nor four feet in height. This includes real estate signs that do not exceed six square feet, but not home occupation signs (no permit required).

v.

Temporary and seasonal produce stand signs (permit required).

vi.

For single-family, townhouse, and multifamily developments, one ground mounted sign, limited in area to 32 square feet and not to exceed eight feet in height for identification of a subdivision. For single-family developments, one sign per primary entrance, not to exceed two signs, is allowed (permit required).

vii.

Signs on commercially used lots in residential districts subject to sign regulations of Section 8.10(7).

viii.

For churches or synagogues one sign including the message board, with a maximum of 24 square feet, and a maximum height of eight feet. Churches with multiple frontages may, at the discretion of the zoning administrator, erect one freestanding sign on each frontage, not to exceed two signs total (maximum 48 square feet) (permit required).

ix.

Garage sale and yard sale signs. Signs established pursuant to this section shall not be subject to the prohibition of portable signs set forth in Subsection 8.6(16). Signs with one or two faces, and wall-mounted signs with one face shall be permitted subject to the following restrictions:

a.

Permitted content: Type of sale, the address, dates and hours of the sale, directional information and other related information.

b.

Required content: The property owner shall provide the address of the site of the garage or yard sale and the date of same. Any sign posted without an address and date shall be subject to immediate removal by the town's staff.

c.

Maximum area: Four square feet per face.

d.

Placement of signs: No sign shall be placed on private property without the permission of the property owner. No signs shall be placed on public property, public right-of-way, trees, fences, light poles or existing signs. These signs will subject to immediate removal by the town.

x.

Maximum height: If freestanding, four feet; if wall-mounted, no higher than the wall on which it is mounted.

xi.

Sign placement and removal: Signs may be placed one day prior to the sale and shall be removed within 24 hours following the day of the sale. Failure to remove the signs will result in removal by town staff.

(6)

General regulations for commercial and industrial districts and commercial lots in residential districts (C-1, MC, IB, but not C-4).

(a)

Number of sign types permitted for individual business on a single zoning lot. Except as otherwise noted, two sign types per zoning lot unless otherwise exempted by this article (except shopping centers).

(b)

Wall-mounted signs in commercial and mixed commercial and light industrial districts, excluding shopping centers and multi-unit complexes.

i.

Content: The name, logo and address of the business to which the sign is accessory and other business-related information. In addition, signs permitted pursuant to this section may contain any noncommercial message which has not been declared by a court of competent jurisdiction to be obscene, defamatory or otherwise contrary to law.

ii.

No sign shall be mounted at a distance measured perpendicular to the surface of a building greater than 12 inches from the surface of the building to the face of the sign. All wall signs shall have a minimum depth of two inches.

iii.

In the C-1, IB, MC districts the total square footage of wall signs on any front wall shall not exceed one square foot of area for every one foot of building frontage up to a maximum of 60 square feet.

iv.

In the C-1, IB, and MC districts side wall or rear wall signage shall not exceed 50 percent of the maximum square footage of allowable sign as calculated pursuant to Paragraph (3) of this subsection. If a side wall fronts on a public right-of-way, then the maximum square footage shall be 100 percent of the allowable square footage.

v.

There shall be a minimum separation of three feet between wall signs. No wall sign shall cover wholly or partially any required wall opening.

vi.

The maximum height of a wall sign shall be six inches below the roof at the location of the sign.

vii.

Wall signs may be painted directly onto the building provided it meets the following standards:

a.

The sign shall be painted or applied by a professional sign painter or artist.

b.

A full color rendition of the painted sign must be approved by the zoning administrator prior to issuance of the permit.

c.

The sign must contain a logo or other graphic elements in addition to the name and address and shall be in proportion to the existing/available sign space and harmonious in design.

viii.

Auto repair and similar facilities may have one wall sign up to six square feet per garage door bay identifying the function of the bay (e.g. brakes, batteries, air conditioning, etc.). Banners are prohibited.

ix.

Multi-store/unit complexes (excluding shopping centers) where two or more businesses are located in one building or within attached buildings or within a cluster of buildings sharing a common vehicular entrance and exit. Wall and hanging signs in the complex must be harmonious throughout the entire complex in some manner such as but not limited to, background board, trim, mounting brackets, color, architectural design, etc. Variations in size and design may be approved by the zoning administrator only when a master sign plan is submitted for all business units in the complex.

(c)

Freestanding sign in commercial and mixed commercial/light industrial districts.

i.

Permitted content: The name, logo and address of the building occupant. Only one such freestanding sign shall be permitted per zoning lot. In addition, signs permitted pursuant to this section may contain any business-related noncommercial message which has not been declared by a court of a competent jurisdiction to be obscene, defamatory or otherwise contrary to law.

ii.

Maximum sum total area of freestanding signs along frontage street: One square foot for every one foot of front street frontage of the lots on which located not to exceed 40 square feet.

iii.

Minimum setbacks:

a.

Five feet from any public right-of-way or property line.

b.

Eight feet from utility electrical transmission lines.

c.

In an intersection of a street with other streets and with access drives.

d.

There shall be a minimum of 100-foot separation between signs, including between signs on adjacent parcels, except that all parcels shall be entitled to at least one freestanding sign, unless prohibited by other sections of this Code.

v.

Maximum height: Eight feet above ground where located except as noted below.

v.

Multi-store/unit complexes (excluding shopping centers) where two or more businesses are located in one building or within attached buildings or within a cluster of buildings sharing a common vehicular entrance and exit shall be allowed a site identification sign with a maximum height of ten feet and a maximum area of 40 square feet. The sign may display the name of the complex. Individual businesses within the site or complex may be identified by a sign appendage not to exceed 12 square feet. Variations in size and design may be approved by the zoning administrator only when a master sign plan is submitted for all business units in the complex. Signs in the complex must be harmonious throughout the entire complex in some manner such as, but not limited to, background board, trim, mounting brackets, color, architectural design, etc. Individual businesses within the site or complex may be identified on the sign or by a sign appendage not to exceed 12 square feet in addition to any sign identifying their business as provided for in section b. above. Variations in size and design may be approved by the zoning administrator only when a master sign plan is submitted for all business units in the complex.

vi.

Pole and pylon signs are prohibited on properties that have frontage along Main Street, Hirst Road and State Route 287.

vii.

Projecting signs shall not project from the exterior wall of a building more than 48 inches. Projecting signs shall have a minimum clearance of seven feet from grade beneath the sign to the projecting sign.

viii.

Sign illumination. The following types of lighted signs shall be allowed:

a.

Signs with individual lighted letters, either mounted on a raceway or mounted directly to the building.

b.

Signs may be reverse-lighted, including reverse-lit channel letters; signs shall be constructed of non-translucent materials.

c.

Internally illuminated box signs are permitted in industrial districts.

d.

Signs may be externally lighted provided that any such lighting falls on the sign itself and does not cause glare to adjacent properties or public rights-of-way, nor light pollution to the night sky.

e.

External lighting sources shall be screened from view of all public rights-of-way and adjoining properties so as to avoid any direct glare.

f.

Lighted box signs are prohibited except as provided for above.

g.

Light bulbs shall be replaced when they burn out.

ix.

Internal directional and directory signs. Internal directional signs and directory signs limited to a maximum size of 12 square feet may be located on individual multitenant buildings. Such signs must be approved as part of the master sign plan; however, such signs will not be included in the calculation of overall sign area for multiple businesses on a single zoning lot.

(7)

Signs for shopping centers.

(a)

Freestanding monument signs.

i.

Maximum height: Twelve feet from street grade.

ii.

Maximum size: Main freestanding sign up to 50 square feet. Secondary signs up to 24 square feet. Wall signs up to 100 square feet.

iii.

Number of free-standing signs: One main sign per street frontage. A second sign for an additional entrance as long as the second sign is separated at least 100 feet from the main sign.

iv.

Permitted content: The name, logo and address of the center. Name and logo of any single unit that exceeds 8,000 square feet in gross building area may be incorporated as an appendage to the main sign not to exceed eight square feet.

(b)

Tenant signage in a multiunit complex.

i.

Must be a building mounted sign.

ii.

Each business may display one sign per separate business entity on each exterior frontage wall.

iii.

Permitted content. Name or logo plus any business-related noncommercial message which has not been declared by a court of a competent jurisdiction to be obscene, defamatory or otherwise contrary to law.

iv.

Location. Must be mounted on side of building where the tenant's public entrance is located. Corner units may have two signs, one on each frontage.

v.

Individual signs cannot not exceed one square foot for each linear foot of the business frontage not to exceed 30 square feet.

vi.

Tenant signage must be harmonious in some manner throughout the complex such as, but not limited to, background board, trim, type of sign, mounting brackets, color, design, etc.

vii.

Signage must be proportionate with the scale of the structure that it is attached to.

viii.

Businesses on individual pad sites may display one wall sign per front, side and rear walls.

ix.

Modifications to this section may be allowed by the zoning administrator in those cases where the strict interpretation of the regulations will not deliver a superior product. The zoning administrator shall provide a written interpretation of the application based on the intent of this chapter which shall be kept in the permanent record for that application.

(8)

Signs on historic buildings.

(a)

Signs on properties that have a listed and inventoried historic building (listed on the Purcellville Historic District Inventory [HDI]) shall comply with all applicable sign regulations. In addition, the following regulations shall apply.

(b)

All freestanding signs shall be in an appropriate scale and character to the building that is historic. Size shall not exceed 12 square feet.

(c)

Posts or monument bases must be of finished materials and reflect the architectural period of the building; posts must be painted; posts should be capped with a finial where appropriate.

(d)

Freestanding signs shall be placed in a grassy, landscaped area that is a minimum of 60 square feet.

(e)

Maximum height of freestanding signs: Six feet.

(f)

Wall mounted or hanging signs shall be in an appropriate scale and character to the building to which they are attached.

(g)

Number of signs. Primary signage: One freestanding and one wall/hanging sign per property frontage. Secondary signage: Building directory signs: no more than two, limited to six square feet. Individual identification signs: one per business, limited to four square feet.

(h)

Open and other neon or LED style signs are prohibited unless otherwise provided in this article.

(i)

One lighted open sign per business, must be inside window.

(9)

Signs in the C-4 zoning district.

(a)

Maximum size of signs.

i.

Wall or marquee sign. One square foot per linear foot of building frontage on which the sign or signs are to be attached, up to a maximum size of 40 square feet and 20 square feet on side or rear walls.

ii.

Awning or canopy sign. Up to ten square feet. No awning or canopy sign shall extend above the top of the awning or canopy.

iii.

Projecting sign. Up to 12 square feet.

iv.

Signs permitted. Wall mounted, hanging or projecting, awning or canopy and freestanding or monument signs. Freestanding signs to a maximum height of eight feet and an area of no more than 12 square feet may be permitted on East and West Main Street and North Hatcher Avenue south of the W&OD Trail. Freestanding or monument signs may also be permitted on properties north of the W&OD Trail with at least 60 feet of lot frontage provided such signs are a maximum height of eight feet and a maximum size of one square foot of sign area per linear foot of lot frontage up to 30 square feet.

(b)

Number of signs permitted.

i.

For individual businesses on a single zoning lot: Two signs per zoning lot, no two signs may be of the same type unless otherwise provided for in this article.

ii.

For individual businesses with a building that has more than one visible side wall: Each visible building side wall may have an additional wall sign.

iii.

For a business or building with frontage on two streets: each frontage wall may have two signs, no two signs may be of the same type along each frontage.

iv.

For multiple businesses on a single zoning lot. One sign per business, one additional sign representing all the uses may also be erected. A master sign plan may be submitted to the zoning administrator for existing structures desiring to erect signs, or as part of a site plan for new development. All signs shall be harmonious with regards to color, size, lettering, and composition.

(c)

Installation of wall signs. All wall signs shall be installed parallel to the wall of a building to which it will be attached and shall not extend from the wall more than 12 inches. Wall signs must have a minimum thickness of two inches.

(d)

Installation of projecting signs. Projecting signs shall not project from the exterior wall of a building more than four feet. Projecting signs shall be no less than seven feet above the sidewalk grade.

(e)

For residential uses within the C-4. Signs for apartment dwelling units or other residential units which are an integral part of the structure shall be identified in the same manner as a commercial use.

(f)

Sign illumination. Signs shall be externally lighted only, provided that any such lighting falls on the sign itself and does not cause glare or light trespass to adjacent properties or public rights-of-way. Appropriate shielding shall be utilized so as to prevent light trespass to the night sky. External lighting, including the source of light, shall be screened from view of all public rights-of-way and adjoining properties so as to avoid any direct glare.

(10)

Special regulations.

(a)

Gasoline stations. Automobile service and gasoline stations shall comply with all applicable sign regulations within this section. The following additional regulations shall apply to all automobile service and gasoline stations:

i.

Changeable fuel price signs. Freestanding signs identifying the name of the business may include changeable copy indicating the current price of fuel dispensed on the premises. The area of the fuel price sign shall be included in determining the sign area for the business. LED changeable fuel price signs are prohibited.

(b)

Signs for theaters. Theaters are authorized to erect one of the permitted wall or marquee signs with a changeable copy board displaying the name(s) and time(s) of the current motion picture or theatrical production.

(c)

Other uses. In cases where the regulations within this section do not specifically address a sign requested in conjunction with a permitted use, the administrator shall make a written interpretation of the ordinance based on the intent of this chapter which shall be kept in the permanent record for that application.

(1)

All signs shall be constructed in compliance with the Virginia Uniform Statewide Building Code.

(2)

All signs, including their supports, braces, guys and anchors, electrical parts and lighting fixtures, and all painted and display areas, shall be maintained in accordance with the requirements of the Virginia Building Code, and in substantially the same or better condition as when the sign was originally installed or erected in order to present a neat, clean, aesthetically pleasing appearance. The required maintenance shall include at a minimum, but not be limited to, routine, ordinary and periodic repairs; painting; the replacement of equipment, parts, sign copy, lettering; the replacement of all or a portion of the sign if necessary; and other actions which are necessary to ensure that the sign is kept in substantially the same or better appearance as at the time of the sign's original installation. The required maintenance shall include all physical aspects of the sign, such as the sign area, face, text and copy; the electrical and mechanical components of the sign; lights and related lighting materials and equipment, the sign frame, mounting, and/or the supporting structure of the sign. All landscaping and vegetation which is required by the terms of the sign permit or development order and/or which is required by the town Code, and which surrounds the sign on all sides and the area which extends outward from the base of the sign for a distance of ten feet, shall be kept neatly trimmed and free of unsightly weeds, waste, rubbish, and debris.

(3)

Any sign which becomes a safety hazard or which is not kept in good general condition and reasonably good state of repair and is not, after 60 days' written notice to the owner of the premises or the permittee, put in a safe and good state of repair, is hereby declared a public and private nuisance and may be removed, obliterated or abated by the zoning administrator of the town. Any sign which, in the opinion of the zoning administrator, constitutes an immediate or imminent danger to life or property may be caused to be removed or put in a safe condition by him immediately. In either case, the costs of the removal/repair may be charged to the owner of the premises where he has been afforded reasonable notice. Any charge so levied shall be collected as a tax and any such charge having been assessed and which remains unpaid shall constitute a lien against the property as provided in Code of Virginia, Title 15.2.

(4)

Every sign shall be constructed to withstand a wind pressure of not less than 50 pounds per square foot. The increase in stresses for short-term loading shall not be applied to cantilevered projections, or where vibration or fluttering action can be anticipated.

(1)

Sign permit required. Except as otherwise provided for herein, it shall be unlawful for any person to erect, operate, use, post, display, maintain, or cause to be erected, operated, used, posted, displayed, maintained, or installed, any sign, advertising structure, or high voltage tube lighting, in the town without first obtaining a permit for the sign, advertising structure, or high voltage tube lighting, from the town and paying the fee as established by resolution of the town council. The following signs and other signs identified as "exempt" pursuant Section 8.7, are hereby declared as exempt from the requirement that a sign permit be obtained under the provisions of this chapter, but all such signs are required to comply with the provisions of Article 8:

(a)

Signs owned by the town or a county located on the premises of the town or the county which display information regarding government services, activities, events, or entertainment. For purposes of this section, the following types of messages shall not be considered information regarding government services, activities, events, or entertainment:

i.

Messages which specifically reference any commercial enterprise.

ii.

Messages which reference a commercial sponsor of any event.

iii.

Personal messages.

iv.

Political campaign messages.

(b)

Temporary residential real estate signs as more specifically provided for in this article and subject to supplemental regulations, which are posted or displayed on real property by the owner or by the authority of the owner, stating that the real property is for sale or rent. If the sign contains any message not pertaining to the sale or rental of that real property, then it is not exempt under this section.

(c)

Official notices or advertisements posted or displayed on private property by or under the direction of any public or court officer in the performance of her or his official or directed duties, or by trustees under deeds of trust or deeds of assignment or other similar instruments, and construction and building permit signs.

(d)

Danger or precautionary signs relating to the premises on which they are located; forest fire warning signs erected under the authority of the division of forestry of the department of agriculture and consumer services and signs, notices, or symbols erected by the United States Government under the direction of the United States Forestry Service.

(e)

Directional signs, and other official signs and notices.

(f)

Signs or notices erected or maintained upon property stating only the name of the owner, lessee, or occupant of the premises and not exceeding four square feet in area.

(g)

Historical markers erected by duly constituted and authorized public authorities.

(h)

Official traffic control signs and markers erected, caused to be erected, or approved by the town or the state department of transportation.

(i)

Signs erected upon property warning the public against hunting and fishing or trespassing thereon.

(j)

Signs not in excess of eight square feet that are owned by and relate to the facilities and activities of churches, civic organizations, fraternal organizations, charitable organizations, or units or agencies of government.

(k)

Signs relating exclusively to non-commercial public expression.

(2)

Temporary sign permit applications.

(a)

All signs requiring the issuance of a temporary sign permit, as established in Section 8.8 shall submit all information requested by the zoning administrator prior to the issuance of such permit. The approved permit shall include the expiration date of the temporary permit. The applicant may request extensions of said permit for good cause (not to exceed two extensions). Temporary signs remaining after the expiration of the permit shall be considered an illegal sign.

(3)

Applications. A person or entity may not apply for a permit unless he or she has first obtained the written permission of the owner or other person in lawful possession or control of the site designated as the location of the sign in the application for the permit. An application for a sign permit must be made on a form prescribed by the town, and a separate application must be submitted for each permit requested. As part of the application, the applicant or his or her authorized representative, must certify in a notarized signed statement that all information provided in the application is true and correct and that he or she has obtained the written permission of the owner or other person in lawful possession of the site designated as the location of the sign in the permit application. Every permit application must be accompanied by the appropriate permit fee; a signed statement by the owner or other person in lawful control of the site on which the sign is located or will be erected, authorizing the placement of the sign on that site.

(a)

The zoning administrator shall review and approve, approve with conditions or deny all sign applications. Any person aggrieved by any action of the zoning administrator in denying or revoking a permit under this chapter may, within 30 days from the receipt of the notice, appeal the decision of the administrator to the zoning board of appeals.

(b)

Sign plan requirements. Sign permits shall be issued only for signs which conform to requirements of this chapter including, where applicable, an approved sign plan for the real property on which the sign is to be located. Sign plans may be submitted and approved concurrently with an application for a site development plan or other land development order. Sign plans shall be reviewed by the town for compliance with the provisions of this chapter, including, but not limited to, the coordination of the graphic style, materials, placement and other characteristics of all signs on the parcel, and the proximity of other signs in the immediate area.

(c)

Issuance. Provided the terms and provisions of this chapter and/or any other applicable laws or ordinances have been complied with, the zoning administrator shall issue a permit for each sign and/or advertising structure. Permits shall be numbered in the order of their issuance and shall disclose:

i.

Kind and size in square feet, and the height and width of the sign, advertising structure or high voltage tube lighting authorized by the permit.

ii.

The street address of the property on which the sign, advertising structure or high voltage tube lighting are permitted to be located and name of the owner or lessee of such property.

iii.

The location upon the property where the sign, advertising structure or high voltage tube lighting is permitted.

iv.

The name of the person, firm, corporation or association installing structure.

v.

The estimated value of the sign.

vi.

The amount of the fee paid for such permit.

vii.

The date of issuance.

viii.

Purpose of the proposed sign.

ix.

Dimensions of the sign.

x.

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. To include style and size of letters, color and material, lighting, and proposed location on the building elevation or on the site. Any other information requested by the zoning administrator in order to carry out the purpose and intent of these regulations.

(d)

Revocations. The zoning administrator may deny or revoke a permit requested or granted under the provisions of this chapter in any case where it is determined that the application for the permit contains false or misleading information or that the permittee has violated any of the provisions of this chapter, unless the permittee, within 30 days after the receipt of notice by the community development department, corrects the false or misleading information or complies with the provisions of this chapter. Any person aggrieved by any action of the zoning administrator in denying or revoking a permit under this chapter may, within 30 days from the receipt of the notice, appeal the decision of the administrator to the zoning board of appeals. A sign shall be removed by the permittee within 30 days after the date of revocation of the permit for the sign. If the permittee fails to remove the sign within the 30-day period, the town may remove the sign without further notice and without incurring any liability as a result of such removal.

(e)

Repair or removal of nuisance signs. Any sign which is declared by the zoning administrator to be an immediate or imminent hazard to life or property may be caused to be immediately removed or repaired. All costs associated with the removal or repair shall be charged to the owner of the premises.

(f)

Removal of obsolete signs. Any sign which is deemed illegal because of expiration of the permitted sign, or any other reason which would cause the sign to be illegal shall be removed within 30 days by the administrator or other town agent. All costs associated with the removal shall be charged to the owner of the premises.

(g)

Action. Within 14 working days of the submission of a complete application including any waiver request for a sign permit, the zoning administrator shall either:

i.

Issue the sign permit, if the sign(s) that is the subject of the application conforms in every respect with the requirements of this ordinance; or

ii.

Reject the sign permit if the sign(s) that is the subject of the application fails in any way to conform with the requirements of this ordinance. In case of a rejection, the zoning administrator shall specify in writing the section or sections of the ordinance or applicable plan with which the sign(s) is inconsistent. Appeals to the administrator's decision must be filed with the board of zoning appeals within 30 days of the decision (Article 10, Subsection 10.9.2 of this ordinance).

(h)

Expiration of sign permits, signs not constructed. A sign permit shall expire and become null and void if the approved sign is not erected within a period of 12 months from the date the permit was originally issued. The zoning administrator may grant one extension of the sign permit for a period of six months, but in no case shall a permit be valid for more than a total of 18 months. Extensions may be granted only when the proposed sign is in compliance with all current applicable regulations.

(4)

Administrative sign waivers procedure.

(a)

Sign waivers. Waivers from the strict interpretation of Article 8 pertaining to area, number, height, location and design may be granted by the zoning administrator for good cause only, and provided that a majority of the required waiver criteria as set forth herein have been met. The burden of proving that a majority of the waiver criteria have been met is on the applicant. It is the intent of the zoning administrator to review sign waiver requests, based upon the anticipated impact of the proposed waiver on other properties within the specific zoning district, the town at-large, as well as the requirements of the applicant, and to balance the needs of each. For purposes of this section, an applicant for a sign waiver shall demonstrate "good cause" by complying with a majority of the following waiver criteria:

i.

The application is consistent with the comprehensive plan.

ii.

The application is consistent with the intent of Article 8.

iii.

The application furthers the town's goal to establish a neighborhood and community serving urban center.

iv.

The application furthers the architectural and site design elements of this section.

v.

The application demonstrates that special conditions and circumstances exist that justify a waiver.

vi.

The application demonstrates that granting the waiver requested will not confer upon the applicant any special privilege that is denied by this section to other lands, buildings, or structures in the zoning district.

vii.

The application demonstrates that literal application of the provisions of this section would deprive the applicant of rights commonly enjoyed by other properties within their zoning district.

viii.

The application demonstrates that the waiver requested is the minimum waiver that will make possible the reasonable use of the land, building, or structure.

ix.

The application demonstrates that the design is more consistent with the architectural character of the building to which it relates and to other surrounding properties.

x.

The application demonstrates the request for waiver will be in harmony with the general intent and purpose of this article, and that such waiver or waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety, and welfare.

(5)

Application for sign waivers. The application for a sign waiver shall be on a form provided by the community development department and accompanied by a filing fee as specified by the town council. Each application for a waiver under this section shall be in writing and shall justify and detail the reasons for the request for a waiver using the waiver criteria contained herein. The applicant must present substantial competent evidence to justify the waiver, together with the completed application form. Any written justification statements, which are submitted as evidence in support of the waiver request by a purported expert, and/or any other individual, must be signed and notarized. The application shall also be signed by the applicant or the applicant's authorized agent, and the sign company who shall be responsible for creating and installing the sign for which the sign waiver is being sought. Applicants represented by agents must submit written evidence of the delegation of agent authority or a power of attorney.

(6)

Sign waiver application review. An application for a waiver under this section shall be deemed abandoned 30 days after the date the planning and community development department ("department") notifies the applicant of any deficiencies contained in the application. The department may, upon written request and justification by the applicant, grant not more than one 30-day extension. At the expiration of the 30-day period, or any extension thereof, the application shall automatically expire and become null and void. Permit fees paid at the time of application, shall be refunded, an administrative review fee shall be retained. Each application for a waiver of the provisions of this section shall first be reviewed by the zoning administrator for technical sufficiency and compliance with this section. The zoning administrator, after considering all of the substantial and competent evidence provided by the applicant or the applicant's agent in conjunction with all of the waiver criteria as set forth herein, shall render a written final administrative order containing findings of fact and conclusion of law, either granting the waiver, granting the waiver with conditions of approval, or denying the waiver. Any applicant aggrieved by a decision of the zoning administrator may appeal the final decision to the board of zoning appeals.

(7)

Abandonment or expiration of sign waiver. A waiver granted by the zoning administrator shall automatically expire either:

(a)

Eighteen months from the date of the rendition of the written resolution of the zoning administrator granting the waiver, if a sign permit has not been issued in accordance with the plans and conditions upon which the waiver was granted; or

(b)

If the sign permit issued in accordance with the plans and conditions upon which the waiver was granted expires and is not renewed pursuant to the applicable provisions regarding renewal of sign permits. The final decision of the zoning administrator on the waiver application shall be set forth in a written administrative final development order.

The zoning administrator may remove or order the removal of any illegal sign at the expense of the property owner by any lawful means.