The purpose of this article is to promote and protect the public health, safety and welfare of the people of the town by regulating existing and proposed outdoor signs of all types. Such regulation is intended to protect property values, create a more attractive economic and business climate, enhance the physical appearance of the town, and preserve the scenic and natural beauty of certain areas. It is further intended to reduce sign or advertising distraction and obstruction that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more open space, and curb the deterioration of the natural environment and enhance community development.

(Ord. of 8-9-04)

These regulations shall apply to all districts within the corporate limits of the town. No sign for which a permit is required by this chapter shall be hung, erected, or placed without a sign permit having been issued by the building official appointed by the governing body to issue sign permits.

It is accepted that signs constitute a separate and distinct use of the land upon which they are erected and a use of the visible portion of adjacent public streets, sidewalks and other public places and private places open to the public. Therefore, it is further intended that this article:

(1)

Place such limitations on the display of all signs that will assure that they will be appropriate to the land, building or use to which they are appurtenant, and be adequate, but not excessive, for lawfully permitted purposes.

(2)

Prohibit the erection of signs in such numbers, sizes and locations so as to create danger to the public by obscuring road signs, warning signs, lawfully required notices, and other signs essential to the safety and convenience of the public.

(3)

Prohibit signs which are likely to create unsafe conditions by diverting the attention of motorists from their driving for periods likely to result in accidents.

(4)

Prohibit signs in such manners, sizes and locations as may depreciate the value of property and the value and effectiveness of signs erected by others.

(5)

Avoid excessive competition among sign displays in their demand for public attention, maximize the ability of permitted signs to provide identification and direction and minimize the clutter and unsightliness to the public in general, and dangerous distractions to motorists, of excessive competing signs.

(Ord. of 8-9-04)

(a)

Authorization. No sign shall be erected or displayed without a current valid permit therefor having first been issued by the zoning administrator. Before issuing a permit for the erection or display of any sign, the zoning administrator shall certify on the permit that the sign meets the requirements of this article.

(b)

Application for permit. A properly filled out and completed application for a sign permit shall be filed on the appropriate forms.

(c)

Filing fee. A nonrefundable filing and administration fee as set forth in the building permit fee schedule shall accompany all sign permits and applications. More than one sign on one building or grouping of buildings may be included in one application provided that all such signs are applied for at one time.

(d)

Revocation of permit. Should a sign not be erected within six months following the issuance of a sign permit, said permit shall be void.

(Ord. of 8-9-04)

(a)

Signs in commercial C-1 and C-2 and industrial district.

(1)

Ground signs.

a.

The types of signs permitted are: business signs, church signs, educational institution/school signs, community signs, public signs, changeable message signs and secondary signs.

b.

Only one freestanding ground sign shall be permitted in addition to the wall sign(s) allowed under the provisions of this article. Such sign shall not exceed in area the sum of one square foot for each linear foot of building frontage, up to a maximum of 64 square feet and not to exceed a maximum of 35 feet in height. For lots with entrances from two different public streets, one ground sign will be allowed per entrance.

c.

For lots supporting three or more tenants and operating as a shopping center, plaza, mall, office or business complex or other common title, one freestanding ground sign shall be permitted in addition to the wall signs allowed for the individual stores under this article. Message content may include the name of the shopping center and the name of any tenant. Such sign shall not exceed in area the sum of one square foot for each linear foot of building frontage up to a maximum of 750 square feet.

(2)

Wall signs.

a.

Types of wall signs permitted include: business signs, church signs, educational institution/school signs, public signs, changeable message signs, and secondary signs.

b.

The permitted area of a wall sign shall be one square foot of sign area for each linear foot of building face on which the sign is located when the building is located 45 feet or closer to the street right-of-way. For wall signs located more than 45 feet from the street right-of-way line, such sign shall be permitted at a ratio of two square feet for each linear foot of building face on which the sign is located. A maximum of 25 square feet of sign area is permitted for buildings having less than 25 linear feet of building wall face. One additional sign may be allowed on the rear of each occupant's space subject to the same requirements. At no time shall a sign exceed two square feet per linear foot of the width of the occupant's space.

c.

In the event of a building fronting on two streets, both sides of the building fronting on the public streets may be used for signs. Calculating the allotted sign area is independent for each wall facing the street respectively.

d.

For lots supporting three or more occupants and operating as a shopping center, plaza, mall, office or business complex or other common title, the permitted area of a wall sign shall be one square foot of sign area for each linear foot of building face on which the sign is located when the building is located 45 feet or closer to the street right-of-way. For wall signs located more than 45 feet from the street right-of-way line, such signs shall be permitted at a ratio of two square feet for each linear foot of building face on which the sign is located. One additional sign may be allowed on the rear of each occupant's space subject to the same requirements. At no time shall a sign exceed two square feet per linear foot of the width of the occupant's space.

e.

A sign painted directly upon a glass window or exterior window awning or a hood canopy and legible from the public right-of-way shall be considered and calculated as a wall sign as specified above.

(3)

Projecting signs. Projecting signs may be used in lieu of wall signs as follows:

a.

The types of projected signs permitted include: business signs, church signs, educational institution/school signs and public signs.

b.

One projecting sign, not to exceed 24 square feet in area, shall be permitted per lot or building frontage for each individual use.

c.

Projecting signs erected over public property shall not extend beyond a vertical plane two feet inside the curb line and shall have a clear space of not less than ten feet below such signs.

d.

Projecting signs erected over private property shall not extend more than six feet beyond the face of the building and shall have clear space of not less than ten feet below such signs, unless such signs extend over a vehicle travelway; in such case the minimum clearance shall be 12 feet.

(4)

Directory signs. Outdoor directory signs, in addition to the signs permitted elsewhere in this article, may be erected in multiple building complexes or shopping centers when located as not to be legible to the motoring public from a street right-of-way.

(5)

Flashing signs. Flashing signs are limited to the display of time, temperature, date or similar public service message and calculated as part of the sign area in which manner it is installed as provided otherwise herein.

(6)

Canopy signs. Canopy signs are limited to one-half square foot per linear foot of canopy fascia on which the sign is mounted. Such sign shall not extend above the cap on the fascia board or be suspended below the horizontal plane formed by the bottom of the fascia board area.

(7)

Changeable message signs or electronic signs. Changeable message signs are permitted in all commercial and industrial districts subject to the following provisions:

a.

The locations are such that the signs will not adversely impact vehicle sight visibility or pedestrian traffic and they conform to the locational provisions of the primary ground or wall sign.

b.

The message portion shall be calculated as part of the overall sign area of the permitted ground or wall signs. The total of the portion of the sign designated to display a message shall not exceed 75 percent of the overall area of the permitted sign nor allow for more than three horizontal lines of copy.

c.

The sign structure supporting a changeable message shall be designed as either a ground sign or a wall-mounted sign.

d.

The applicant can demonstrate by the design, height or other security measures that the movement or changing copy is restricted to the user of the sign exclusively.

(8)

Existing nonconforming signs. Signs or sign structures that are legally utilized prior to the adoption of this chapter and do not conform with the provisions of this chapter, may continue to be used, altered, or retrofitted provided the signage or structure is not increased in size. The sign structure shall not increase in height.

(9)

Interstate 85 Gateway high-rise signs.

(b)

Commercial C-2 Overlay Districts. There shall be two commercial C-2 overlay districts. The boundaries for these districts shall consist of:

(1)

All land zoned commercial C-2 starting with any land that is contiguous to McCracken Street then east on Atlantic Street to the corporate limits of the town including Maple Lane from East Atlantic Street to Highway 58 By-pass.

(2)

All land zoned commercial C-2 from Clover Road north to the corporate limits of the town including Union Mill Road.

(3)

Convenience stores selling motor fuel may have one ground sign up to 150 square feet in size. This sign shall be used for advertising the names of the businesses, company logos and fuel prices at that location. The bottom of the sign structure shall be a minimum of ten feet and top of the sign structure shall be a maximum of 50 feet above the ground level or pavement level. There shall be no other ground signs allowed.

Signs in the commercial C-2 overlay district shall be allowed on a graduated scale. See scale below:

Multiple signs shall be allowed for each sign structure but the total square footage of all signs shall not exceed the specified square footage in the above chart.

(c)

Monopole billboard signs. one freestanding monopole billboard sign shall be allowed in the commercial C-2 overlay district per business. There shall be no other signs attached to the sign structure below the billboard itself. This sign shall be a minimum of 300 square feet and a maximum of 600 square feet in size per sign area and a maximum of 60 feet in height. Each billboard must be on the same lot as the business being advertised. No off-site advertising will be allowed. If the owner of the billboard sign owns additional businesses located within the commercial C-2 overlay district, these businesses may also be advertised on the billboard sign. This exception shall include existing on-site billboard signs.

For lots supporting three or more tenants and operating as a shopping center, plaza, mall, office, or business complex or other common title, one monopole billboard sign shall be allowed in addition to the ground signs allowed under this article. Message content may include the name of the shopping center and the name of any or all tenants.

(d)

Off-site directional signs. Off-site directional signs shall be allowed only in the commercial C-2 overlay district. The businesses fronting on North Mecklenburg Avenue and East Atlantic Street are prohibited from having an off-site directional sign under this section. Only one sign will be allowed per business. There shall be no more than four off-site directional signs at each street intersection. The business must be located on the same side of the highway as the directional sign. All signs are to be collectively located on one post or pole. Top of signs shall be no more than ten feet from ground level. Businesses must be allowed to co-locate and share proportionately in the expense of the location. All signs shall be located on private property.

All off-site directional signs will be 18 inches in height and 24 inches in width. Only a business' name or logo with an arrow pointing in the direction of the business' location will be allowed on the sign. If the business does not have a corporate logo, then the sign shall have a white background with black letters.

(e)

Signs in commercial C-3 district and mixed use MX-3 district.

(1)

Commercial sign types.

a.

Commercial signs in the C-3 district shall be sensitive to the building architecture. A sign shall not obstruct elements that define the design of the building.

b.

Commercial signs in the C-3 district for commercial buildings that are not set back from the street shall be flat wall signs located above the storefront, within the frieze of the cornice, or on the pier of framing display windows; small projecting signs; window signs; or lettering on awnings.

c.

Commercial signs in the C-3 district for buildings set back from the street shall be similar to residential signs. Ground signs can be placed perpendicular to the building and shall not be greater than eight feet in height. Projecting signs shall be attached to the wall at the first-floor level, or flat wall signs shall be attached no higher than the second-floor windows.

d.

Roof signs, large projecting signs, flashing illuminated signs, and standardized trademark signs are prohibited in the C-3 district.

(2)

Ground signs.

a.

Ground signs are permitted in the C-3 district in accordance with subsection (e)(1)c. above.

(3)

Wall signs.

a.

Types of wall signs permitted in C-3 include: flat wall signs.

b.

Wall sign(s) in C-3 shall be permitted only on a building wall that fronts on and runs generally parallel to the public street frontage, unless otherwise provided herein.

c.

The permitted area of a wall sign in C-3 shall be limited to one square foot of sign per linear foot of frontage. Such signs shall have a maximum of 36-inch-high letters and symbols.

(4)

Signs on awnings.

a.

The front panel of an awning may be used for a sign where appropriate. Letters shall be sewn on or silk screened on to the front drop (valence) of the awning when it is a part of an overall and coordinated scheme.

b.

Hand painted or individually made fabric letters that are not professionally applied to the awning will not be allowed.

(5)

Projecting signs.

a.

Projecting signs shall be made of wood, metal, or approved synthetic material and shall be hung from brackets or otherwise mounted on buildings so that they hang perpendicular to them. Perpendicular signs can be attached to the underside of an awning or canopy frame.

b.

Projecting signs shall be placed no higher than the sill of second-story windows for multi-storied buildings and level with the top of the storefront for single-story buildings. Projecting signs shall maintain a clearance of nine feet from the ground surface.

(6)

Window signs. Permanent window signs in a C-3 district shall be approximately five feet and six inches above the sidewalk for good pedestrian visibility. Window signs shall not exceed 20 percent of the window area and shall have letters no greater than 12 inches in height.

(7)

Number of signs. Each building in the C-3 district shall have no more than one projecting sign and no more than one flat wall sign, even if there are multiple businesses within one building.

(8)

Colors of signs. The colors of signs in the C-3 district shall complement the materials and color scheme of the building, including accent highlights and trim colors. No more than three colors shall be used on any one sign, unless the design fits the character of the building and/or the district.

(9)

Illumination of signs. The illumination of signs in the C-3 district shall be understated and in keeping with the character of the building. Overly bright, revolving, or flashing lights are prohibited.

(10)

Approval of sign permit application. Application for signs in the C-3 district shall be submitted to the zoning administrator for approval.

(Ord. of 8-9-04; Ord. of 11-13-06; Ord. of 2-12-07; Ord. No. 2011-1, 5-9-11; Ord. No. 2012-4, 4-9-12; Ord. No. 2017-2, 3-13-17)

Signs enumerated below may be approved by administrative approval upon application to the building code official and upon meeting the conditions set out below.

(1)

Subdivision signs. Subdivision signs are permitted in all residential districts provided the following provisions have been addressed to ensure the continued residential atmosphere of the area is maintained:

a.

The location is such as will not adversely impact vehicle sight visibility or pedestrian traffic.

b.

The sign shall not exceed 32 square feet in overall sign area.

c.

A perpetual easement is prepared and recorded prior to the issuance of a building permit identifying the consent of the property owner for the sign and identifying the individual entrusted with maintenance responsibility.

d.

The sign shall not be backlit or illuminated in any fashion, except for indirect ground-mounted lighting located within the easement and designed as not to glare on or into other properties.

e.

The request for such sign is submitted by the developer of the subdivision, the homeowners' association or by evidence of a petition of not less than 70 percent of the owners within the subdivision agreeing to construction and establishing maintenance of such sign.

(2)

Multiple-family and manufactured home developments. In any district where a multiple-family structure, manufactured or mobile home community exists under the ownership and control of a single owner, proprietor and/or rental agent, such owner proprietor and/or rental agent may erect a sign with a maximum aggregate size of 32 square feet. Said sign shall contain only the name, street number and the type of development to be identified. The sign may be a freestanding ground sign or a mounted-on-the-wall sign. In either case, the maximum height above ground level shall be eight feet. Said sign shall be located no closer to the right-of-way line than 15 feet and no closer to another property line than 25 feet. The owner of a multiple-family, manufactured or mobile home residential dwelling development having frontage on two streets may erect two such signs, but shall not erect more than one sign on the same street.

(3)

Community signs. Community signs may be erected in all residential districts to ensure that the continued residential atmosphere of the area is maintained and provided the following provisions have been addressed:

a.

The location is such as will not adversely impact vehicle sight visibility or pedestrian traffic.

b.

The sign shall not exceed 32 square feet in overall sign area.

c.

A perpetual easement is prepared and recorded prior to issuance of a building permit identifying the consent of the property owner for the sign and identifying the individual entrusted with maintenance responsibility.

d.

The sign shall not be backlit or illuminated in any fashion, except for indirect ground-mounted lighting located within the easement and designed as not to glare on or into other properties.

e.

The request for such sign is submitted by the developer of the subdivision, or the homeowner's association.

(4)

Educational institution/school sign. Educational institution/school signs may be erected in all residential districts provided the following provisions have been addressed to ensure the continued residential atmosphere of the area is maintained:

a.

The location is such as will not adversely impact vehicle sight visibility or pedestrian traffic.

b.

The sign shall not exceed one square foot per linear foot of street frontage on which the sign shall face up to a maximum of 72 square feet in overall area.

c.

The sign shall not be backlit or illuminated in any fashion, except for indirect ground-mounted lighting located within the easement and designed as not to glare on or into other properties.

d.

The request for such sign is submitted by the school board of the educational institution, or by an agent so authorized by evidence of a school board resolution approving the proposed location and accepting the continued maintenance of the sign.

(5)

Church signs in excess of 32 square feet. Churches and other places of worship in any residential zoning district may erect one sign having a maximum sign area of 32 square feet, including the message board. Church signs in commercial and industrial districts shall conform to section 94.1-293. A church having frontage on two streets may erect one sign on each frontage. In no event may the church erect more than two such signs. Said signs may be freestanding ground signs or may be mounted as wall signs. In the event of a freestanding sign, the maximum height of the sign structure shall be eight feet. Location is such that will not adversely impact vehicle sight-visibility or pedestrian traffic.

(Ord of 8-9-04)

(a)

Banner signs. In addition to the permitted wall signage of any commercial building, additional banner signage may be permitted provided such signage is in conformance with the following standards:

(1)

Additional banner signs shall not exceed the ratio of the permitted primary wall sign area, based on the wall frontage on which it is located.

(2)

Each business is allowed one professionally printed, free standing banner sign. All banner signs must be located either against an existing building wall or mounted in a stable manner on wood or metal poles, located a minimum of two feet from the street right-of-way, but without restricting vehicular visibility. Banners should not exceed three feet in width and ten feet in length and must be installed in a taut manner and shall be maintained and held in that manner at all times. Permits will be issued for 30 days, renewing automatically unless rescinded by the zoning administrator. Any banner not maintained in conformance with the provisions of this article shall be corrected immediately. If not corrected, the zoning administrator will revoke the permit.

(Ord of 8-9-04)

The following types of signs are prohibited:

(1)

All off-site signs including advertising signs (billboards) are hereby prohibited, unless specifically authorized herein.

(2)

Any sign erected on public land other than those erected at the direction of a duly authorized public authority. Any such unlawfully erected sign is subject to immediate removal and disposal by the zoning administrator.

(3)

Any sign simulating, or which is likely to be confused with, a traffic-control sign or any other sign or any other sign displayed or required by the public authority. Any such sign is subject to immediate removal and disposal by the zoning administrator.

(4)

Any portable sign which does not conform to the requirements above for secondary signs, including any sign displayed on a stationary vehicle when said vehicle is used primarily for the purpose of and serving the function of an off-site sign.

(5)

Any sign that violates any provision of any law of the commonwealth relating to outdoor advertising.

(6)

Any sign painted directly on a building, except as otherwise provided herein.

(7)

Any moving or animated sign intended to attract attention in such a way as to interfere with traffic safety. This paragraph does not apply to the hands of a clock operating as such or to time and temperature signs.

(8)

Any sign displaying flashing or intermittent lights or lights of varying degrees of intensity, unless otherwise permitted within this article.

(9)

Any sign consisting of illuminated tubing or strings of lights outlining property lines or open sales areas, roof lines, doors, windows or wall edges of any building.

(10)

Any sign attached to natural vegetation.

(11)

Any sign extending above the roof line of a building or its parapet wall.

(12)

Any sign extending more than 35 feet above ground level unless otherwise provided.

(13)

Any sign not specifically permitted by this article.

(Ord of 8-9-04)

[The following types of signs do not require permits:]

(1)

The changing of message content on approved changeable-message signs.

(2)

Signs erected by the town, including but not limited to traffic-control signs, signals, legal announcements, festivity signs, historical markers and directional signs.

(3)

National, state or local flags of other civic, charitable, educational or philanthropic groups which are maintained and displayed for the purpose of expressing one's patriotism or support of the designated emblem and can in no way be constructed as a business sign, banner or other commercial advertising sign otherwise prohibited by statute or ordinance.

(4)

Small signs which post or display address numbers not to exceed two square feet of maximum aggregate sign area.

(5)

Small signs displayed for the direction or convenience of the public including signs which identify restrooms, public telephones, freight entrances or the like with a total sign area not to exceed two square feet.

(6)

Signs not to exceed one square foot placed by public utilities indicating the location of underground utilities.

(7)

Seasonal displays or decorations not advertising a product, service or entertainment.

(8)

Signs warning the public against hunting, fishing, trespassing, dangerous animals, swimming or the like not to exceed four square feet in size.

(9)

Home occupation signs or nameplates in residential districts not to exceed two square feet in area mounted flat against the wall of the building.

(10)

Contractor signs during construction, one per development, not to exceed 32 square feet in total area.

(11)

Real estate signs for the purpose of advertising the sale or lease of the premises only, limited to a maximum sign area of four square feet for single-family and townhouse properties and a maximum of 18 square feet for multi-family residential, commercial and industrial properties. Signs are to be installed on the property being sold.

(12)

Political campaign signs. Signs announcing candidates seeking public office shall be permitted up to a total of eight square feet for each premises in a residential zone and 32 square feet in a commercial or industrial zone. These signs shall be confined within private property and shall not encroach into the visibility triangle at street intersections.

(13)

Interior paper window signs. Interior window signs are permitted provided they are located on the inside of the glass and not displayed for longer than 60 consecutive days.

(14)

Entrance and exit signs containing those words only, as reasonably required, to a maximum of two square feet.

(15)

Temporary signage intended to notify the public of special events, grand openings, not of a recurring nature, excluding special sales and other common merchandising events, may be erected for no more than 60 days.

(16)

Memorial plaque or tablets.

(Ord of 8-9-04; Ord. of 10-12-04)

(a)

Placement. No sign or marquee shall be placed so as to prevent clear visibility for ingress and egress. No part of a sign in a commercial zone shall be no less than two feet from the right-of-way. Signs located at intersection shall be set back so as not to obstruct traffic visibility.

(b)

Illumination. All primary signs may be either back lighted, internally lighted or indirectly lighted, unless otherwise prohibited within this article. In the case of indirect lighting, the source shall be so shielded that it illuminates only the face of the sign. However, shingle signs may be indirectly illuminated or have shielded direct lighting unless otherwise prohibited by this article.

(c)

Maximum height. The maximum height permitted for any sign shall be 35 feet above ground level or pavement level of the street to which the sign is oriented, whichever is higher.

(d)

Discontinued business. Wherever the use of a building or premises by a specified business or occupation is discontinued, signs pertaining to that business or occupation or that are deemed to be accessory to that use shall be removed within a period of 60 days following the vacation of the premises and/or cessation of that business or occupation on that site. It shall be the responsibility of the owner of the building or the premises to accomplish such removal. If, after written notice to the owner of the premises from the zoning administrator or his designee, such signs are not removed within ten days of said notice, the zoning administrator or his designee may cause such removal and charge the cost to the owner of the premises. 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 the Code of Virginia.

(e)

Sign removal. Any sign which becomes a safety hazard or which is not kept in good general condition, 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, or abated by the zoning administrator or his designee. Also any sign which, in the opinion of the zoning administrator or his designee, constitutes an immediate danger to life or property may be caused to be removed or put in a safe condition by him/her immediately. In either case the cost of the removal or repair may be charged to the owner of the premises where the owner has been afforded reasonable notice. Any charge so levied shall be collected as a tax; and any charge having been assessed and which remains unpaid shall constitute a lien against the property as provided in title 15 of the Code of Virginia, 1950, as amended.

(f)

Community signs. These signs shall be permitted but shall not exceed 200 square feet in size. Signs shall be removed within three days after the event.

(g)

Temporary directional signs. Temporary directional signs may be erected for yard/garage sales or real estate sales subject to the following requirements:

(1)

Temporary directional signs shall be no larger than four square feet.

(2)

Only one temporary directional sign per event per block will be permitted.

(3)

Temporary directional signs shall not be posted on utility poles, sign posts, trees or in the right-of-way.

(h)

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

(Ord. of 8-9-04)

When any provision of this ordinance is violated, the Code Compliance Official shall notify the responsible party as to the violation. Failure to end the violation within thirty (30) days of the notification shall be a class 1 misdemeanor, punishable as provided in Section 1-15 of the Code of the Town of South Hill.

(Ord. No. 2015-4, 11-9-15)