SIGNS4
Editor's note— Ord. No. O17-04, adopted Jan. 24, 2017, amended art. VIII in its entirety to read as herein set out. Former art. VIII, §§ 28-121—28-138, pertained to similar subject matter, and derived from: Ord. No. 094-29, § 28-803, 8-9-94; Ord. No. 095-47, 6-6-95; Ord. No. 097-51, 11-18-97; Ord. No. 098-42, 6-2-98; Ord. No. 099-26, 7-13-99; Ord. No. 003-03, 7-1-03; Ord. No. O07-39, 7-17-07; Ord. No. O07-68, 10-2-07; Ord. No. O08-02, adopted May 6, 2008; Ord. No. O08-56, 9-16-08; Ord. No. O09-18, 10-6-09; Ord. No. O10-42, 11-30-10; Ord. No. O11-14, 6-21-11; Ord. No. O12-33, 12-4-12; Ord. No. O15-24, 9-1-15; Ord. No. O16-31, 9-7-16.
(a)
The purpose of this article is to regulate the size, color, illumination, movement, materials, location, height and condition of all signs placed on private property for exterior observation, thus ensuring the protection of property values, the character of the various neighborhoods, the creation of a convenient, attractive and harmonious community, protection against destruction of or encroachment upon historic areas, and the safety and welfare of pedestrians and wheeled traffic, while providing convenience to citizens and encouraging economic development. This article allows adequate communication through signage while encouraging aesthetic quality in the design, location, size and purpose of all signs. This article shall be interpreted in a manner consistent with the First Amendment guarantee of free speech. If any provision of this article is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this article which can be given effect without the invalid provision.
(b)
Signs not expressly permitted as being allowed by right or by conditional use permit under this article, by specific requirements in another portion of this chapter, or otherwise expressly allowed by the board of supervisors are forbidden.
(c)
A sign placed on land or on a building for the purpose of identification, protection or directing persons to a use conducted therein shall be deemed to be an integral but accessory and subordinate part of the principal use of land or building. Therefore, the intent of this article is to establish limitations on signs in order to ensure they are appropriate to the land, building, or use to which they are appurtenant and are adequate for their intended purpose while balancing the individual and community interests identified in subsection (a) of this section.
(d)
These regulations are intended to promote signs that are compatible with the use of the property to which they are appurtenant, landscape and architecture of surrounding buildings, are legible and appropriate to the activity to which they pertain, are not distracting to motorists, and are constructed and maintained in a structurally sound and attractive condition.
(e)
These regulations distinguish between portions of the county designed for primarily vehicular access and portions of the county designed for primarily pedestrian access.
(f)
These regulations do not regulate every form and instance of visual speech that may be displayed anywhere within the jurisdictional limits of the county. Rather, they are intended to regulate those forms and instances that are most likely to meaningfully affect one or more of the purposes set forth above.
(g)
These regulations do not entirely eliminate all of the harms that may be created by the installation and display of signs. Rather, they strike an appropriate balance that preserves ample channels of communication by means of visual display while still reducing and mitigating the extent of the harms caused by signs.
(Ord. No. O17-04, 1-24-17)
In addition to signs prohibited elsewhere in this Code or by applicable state or federal law, the following signs are prohibited:
(1)
General prohibitions.
a.
Signs that violate any law of the commonwealth relating to outdoor advertising.
b.
Signs attached to natural vegetation or rock land forms.
c.
Signs simulating, or which are likely to be confused with, a traffic control sign or any other sign displayed by a public authority. Any such sign is subject to immediate removal and disposal by an authorized county official as a nuisance.
d.
Vehicle or trailer signs.
e.
Freestanding signs more than thirty (30) feet in height unless otherwise permitted by this chapter.
f.
Signs hanging from supports, except where the supports are anchored to a part of a building.
g.
Any sign displayed without complying with all applicable regulations of this chapter.
h.
Any feather sign.
i.
Any sign comprised of a balloon or other inflatable devices including devices that use forced air to stimulate movement of fabric or other materials.
j.
Any sign other than a public sign located within a public right-of-way without permission of the board of supervisors or the Virginia Department of Transportation.
(2)
Prohibitions based on materials.
a.
Signs painted directly on a building, except where expressly permitted by this chapter.
b.
Electronic message center signs. This subsection does not apply to flags expressly permitted under this article or the changing of the message content that changes more frequently than once every five (5) seconds.
c.
Flashing signs or other signs displaying flashing, scrolling or intermittent lights or lights of changing degrees of intensity, except where such signs are expressly permitted within this article.
d.
Signs consisting of illuminated tubing, neon tubing or strings of lights outlining property lines or open sales areas, rooflines, doors, windows or wall edges of any building, except for temporary decorations not to exceed three months per year.
e.
Signs that emit smoke, flame, scent, mist, aerosol, liquid, or gas.
f.
Signs that emit sound.
g.
Strings of flags.
h.
Pole signs except where temporary and minor signs are expressly permitted within this article.
i.
Any sign, other than a temporary sign, constructed of cloth, canvas, paper, cardboard, plywood, fabric, other lightweight material not well suited to provide a durable substrate or, if made of some other material, is neither permanently installed in the ground, nor permanently affixed to a building or structure which is permanently installed in the ground.
j.
Any temporary sign constructed of cloth, canvas, paper, cardboard, fabric, other lightweight material not well suited to provide a durable substrate.
(3)
Prohibitions based on location.
a.
Off-premises signs, unless specifically permitted by this chapter.
b.
Signs erected on public land other than those approved by an authorized county official in writing, required by law without such approval, or permitted under Code of Virginia, § 24.2-310E. Any sign not so authorized is subject to immediate removal and disposal by any authorized official. Removal of the sign under this provision does not preclude prosecution of the person responsible for the sign.
c.
Signs on the roof surface or extending above the wall of a building or its parapet wall.
d.
Neon signs, except interior to windows.
e.
A sign that obstructs free or clear vision, or otherwise causes a safety hazard for vehicular, bicycle, or pedestrian traffic due to its location.
f.
Any wall sign that exceeds two hundred (200) square feet in area.
g.
Any window sign with an opaque area of more than twenty-five (25) percent of the window area.
(Ord. No. O17-04, 1-24-17)
(a)
In general. A sign permit is required prior to the display and erection of any sign except as provided in section 28-124 of this article.
(b)
Application for permit.
(1)
An application for a sign permit shall be filed with the department of public works on forms furnished by that department. The applicant shall provide sufficient information to determine if the proposed sign is permitted under the zoning ordinance and other applicable laws, regulations and ordinances. An application for a temporary sign shall state the dates intended for the erection and removal of the sign.
(2)
The building official or designee with concurrence of the zoning administrator or designee shall promptly process the sign permit application and approve the application, reject the application, or notify the applicant of deficiencies in the application within twenty (20) business days after receipt. Any application that complies with all provisions of this zoning ordinance, the building code, and other applicable laws, regulations, and ordinances shall be approved.
(c)
Rejection. If the application is rejected, the county shall provide a list of the reasons for the rejection in writing. An application shall be rejected for non-compliance with the terms of the zoning ordinance, building code, or other applicable law, regulation or ordinance.
(d)
Permit fee. A nonrefundable fee as set forth in the uncodified fee schedule adopted by the board of supervisors shall accompany all sign permit applications.
(e)
Duration and revocation of permit. The county may revoke a sign permit under any of the following circumstances:
(1)
The county determines that information in the application was materially false or misleading;
(2)
The sign as installed does not conform to the sign permit application; or
(3)
The sign violates the zoning ordinance, building code, or other applicable law, regulation or ordinance.
(f)
Overlay district regulations. All signs in the historic overlay districts (HOD) require approval of the architectural review board (ARB) except when a sign permit is not required as provided in section 28-124.
(g)
Conditional use permits. Comprehensive sign plans may be approved by conditional use permit. The comprehensive sign plan shall establish the time, manner, and placement of signs, frequency of message changes, the materials, the hours of lighting, the height of signs, the total number of square feet of sign surface, and the number of signs to be placed on a site.
(Ord. No. O17-04, 1-24-17)
A sign permit is not required for:
(1)
Signs erected by a governmental body or those required by law.
(2)
The changing of messages on marquees, changeable copy signs, electronic message center signs, or an existing permitted sign.
(3)
Temporary signs as follows:
a.
Official notices or advertisements posted or displayed by or under the direction of any public or court officer in the performance of his official or directed duties; provided, that all such signs shall be removed no more than ten (10) days after their purpose has been accomplished.
b.
Three (3) or fewer signs at any given time per lot, no more than thirty-two (32) square-feet in area per sign not to exceed sixty (60) days in duration for no more than two (2), sixty-day periods in a calendar year.
(4)
Pavement markings. Any sign applied directly and entirely to and flush with an asphalt, concrete, or similar paved surface.
(5)
One minor sign per street frontage not to exceed two (2) per parcel. Permits will be required for signs in excess of two (2) per parcel or as otherwise permitted by this chapter.
(Ord. No. O17-04, 1-24-17)
Except where specified elsewhere in this article, signs shall be exempt from setback requirements in all districts; provided, however, that no sign shall be so located as to interfere with vehicular clear sight triangle distance at intersections or to create a safety hazard.
(Ord. No. O17-04, 1-24-17)
No part of any sign projecting more than twelve (12) inches from any wall shall be less than ten (10) feet above the level of the ground at that point. Signs projecting over vehicle traffic shall be not less than fourteen (14) feet above ground level.
(Ord. No. O17-04, 1-24-17)
Whenever the zoning administrator in concurrence with the building official, or his designee determines that a sign is structurally unsafe or endangers the safety of a structure, premises, or the public, or is erected or maintained in violation of the provisions of this chapter, the zoning administrator or his designee shall order the sign to be made safe or in compliance with this chapter, as the case may be, or to be removed. Such order shall be sent by registered mail, return receipt requested, and shall be complied with.
(Ord. No. O17-04, 1-24-17)
(a)
Except as otherwise prohibited in this article, the following signs are permitted as accessory to residential uses in residential districts. Changeable copy signs, electronic message signs and signs with moving parts are prohibited on residential properties in all agricultural and residential districts.
(b)
Except as provided otherwise in this article, the following signs are permitted as accessory to principal non-residential uses in agricultural and residential districts. Changeable copy signs, electronic message signs and signs with moving parts are permitted as accessory uses for non-residential uses in all residential districts.
(Ord. No. O17-04, 1-24-17; Ord. No. O17-08, 10-3-17)
(a)
Generally. Except as provided otherwise in this article, the following signs are permitted as accessory uses in commercial and office districts:
(Ord. No. O17-04, 1-24-17)
Except as provided otherwise in this article, the following signs are permitted as accessory uses in industrial districts. In addition, up to one minor sign per business is permitted as a wall sign.
(Ord. No. O17-04, 1-24-17)
(a)
Except as provided otherwise in this article, the following signs are permitted as accessory uses associated with primary commercial and multifamily uses in planned development and urban development districts.
(b)
Except as otherwise prohibited in this article, the following signs are permitted as accessory to residential uses in planned development and urban development districts. Changeable copy signs, electronic message signs, and signs with moving parts are prohibited on residential properties in all residential transect zones or districts.
*Freestanding signs within one thousand (1,000) ft. of a HI zoning district or HR overlay district are limited to twelve (12) feet in height.
(Ord. No. O17-04, 1-24-17)
SIGNS4
Editor's note— Ord. No. O17-04, adopted Jan. 24, 2017, amended art. VIII in its entirety to read as herein set out. Former art. VIII, §§ 28-121—28-138, pertained to similar subject matter, and derived from: Ord. No. 094-29, § 28-803, 8-9-94; Ord. No. 095-47, 6-6-95; Ord. No. 097-51, 11-18-97; Ord. No. 098-42, 6-2-98; Ord. No. 099-26, 7-13-99; Ord. No. 003-03, 7-1-03; Ord. No. O07-39, 7-17-07; Ord. No. O07-68, 10-2-07; Ord. No. O08-02, adopted May 6, 2008; Ord. No. O08-56, 9-16-08; Ord. No. O09-18, 10-6-09; Ord. No. O10-42, 11-30-10; Ord. No. O11-14, 6-21-11; Ord. No. O12-33, 12-4-12; Ord. No. O15-24, 9-1-15; Ord. No. O16-31, 9-7-16.
(a)
The purpose of this article is to regulate the size, color, illumination, movement, materials, location, height and condition of all signs placed on private property for exterior observation, thus ensuring the protection of property values, the character of the various neighborhoods, the creation of a convenient, attractive and harmonious community, protection against destruction of or encroachment upon historic areas, and the safety and welfare of pedestrians and wheeled traffic, while providing convenience to citizens and encouraging economic development. This article allows adequate communication through signage while encouraging aesthetic quality in the design, location, size and purpose of all signs. This article shall be interpreted in a manner consistent with the First Amendment guarantee of free speech. If any provision of this article is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this article which can be given effect without the invalid provision.
(b)
Signs not expressly permitted as being allowed by right or by conditional use permit under this article, by specific requirements in another portion of this chapter, or otherwise expressly allowed by the board of supervisors are forbidden.
(c)
A sign placed on land or on a building for the purpose of identification, protection or directing persons to a use conducted therein shall be deemed to be an integral but accessory and subordinate part of the principal use of land or building. Therefore, the intent of this article is to establish limitations on signs in order to ensure they are appropriate to the land, building, or use to which they are appurtenant and are adequate for their intended purpose while balancing the individual and community interests identified in subsection (a) of this section.
(d)
These regulations are intended to promote signs that are compatible with the use of the property to which they are appurtenant, landscape and architecture of surrounding buildings, are legible and appropriate to the activity to which they pertain, are not distracting to motorists, and are constructed and maintained in a structurally sound and attractive condition.
(e)
These regulations distinguish between portions of the county designed for primarily vehicular access and portions of the county designed for primarily pedestrian access.
(f)
These regulations do not regulate every form and instance of visual speech that may be displayed anywhere within the jurisdictional limits of the county. Rather, they are intended to regulate those forms and instances that are most likely to meaningfully affect one or more of the purposes set forth above.
(g)
These regulations do not entirely eliminate all of the harms that may be created by the installation and display of signs. Rather, they strike an appropriate balance that preserves ample channels of communication by means of visual display while still reducing and mitigating the extent of the harms caused by signs.
(Ord. No. O17-04, 1-24-17)
In addition to signs prohibited elsewhere in this Code or by applicable state or federal law, the following signs are prohibited:
(1)
General prohibitions.
a.
Signs that violate any law of the commonwealth relating to outdoor advertising.
b.
Signs attached to natural vegetation or rock land forms.
c.
Signs simulating, or which are likely to be confused with, a traffic control sign or any other sign displayed by a public authority. Any such sign is subject to immediate removal and disposal by an authorized county official as a nuisance.
d.
Vehicle or trailer signs.
e.
Freestanding signs more than thirty (30) feet in height unless otherwise permitted by this chapter.
f.
Signs hanging from supports, except where the supports are anchored to a part of a building.
g.
Any sign displayed without complying with all applicable regulations of this chapter.
h.
Any feather sign.
i.
Any sign comprised of a balloon or other inflatable devices including devices that use forced air to stimulate movement of fabric or other materials.
j.
Any sign other than a public sign located within a public right-of-way without permission of the board of supervisors or the Virginia Department of Transportation.
(2)
Prohibitions based on materials.
a.
Signs painted directly on a building, except where expressly permitted by this chapter.
b.
Electronic message center signs. This subsection does not apply to flags expressly permitted under this article or the changing of the message content that changes more frequently than once every five (5) seconds.
c.
Flashing signs or other signs displaying flashing, scrolling or intermittent lights or lights of changing degrees of intensity, except where such signs are expressly permitted within this article.
d.
Signs consisting of illuminated tubing, neon tubing or strings of lights outlining property lines or open sales areas, rooflines, doors, windows or wall edges of any building, except for temporary decorations not to exceed three months per year.
e.
Signs that emit smoke, flame, scent, mist, aerosol, liquid, or gas.
f.
Signs that emit sound.
g.
Strings of flags.
h.
Pole signs except where temporary and minor signs are expressly permitted within this article.
i.
Any sign, other than a temporary sign, constructed of cloth, canvas, paper, cardboard, plywood, fabric, other lightweight material not well suited to provide a durable substrate or, if made of some other material, is neither permanently installed in the ground, nor permanently affixed to a building or structure which is permanently installed in the ground.
j.
Any temporary sign constructed of cloth, canvas, paper, cardboard, fabric, other lightweight material not well suited to provide a durable substrate.
(3)
Prohibitions based on location.
a.
Off-premises signs, unless specifically permitted by this chapter.
b.
Signs erected on public land other than those approved by an authorized county official in writing, required by law without such approval, or permitted under Code of Virginia, § 24.2-310E. Any sign not so authorized is subject to immediate removal and disposal by any authorized official. Removal of the sign under this provision does not preclude prosecution of the person responsible for the sign.
c.
Signs on the roof surface or extending above the wall of a building or its parapet wall.
d.
Neon signs, except interior to windows.
e.
A sign that obstructs free or clear vision, or otherwise causes a safety hazard for vehicular, bicycle, or pedestrian traffic due to its location.
f.
Any wall sign that exceeds two hundred (200) square feet in area.
g.
Any window sign with an opaque area of more than twenty-five (25) percent of the window area.
(Ord. No. O17-04, 1-24-17)
(a)
In general. A sign permit is required prior to the display and erection of any sign except as provided in section 28-124 of this article.
(b)
Application for permit.
(1)
An application for a sign permit shall be filed with the department of public works on forms furnished by that department. The applicant shall provide sufficient information to determine if the proposed sign is permitted under the zoning ordinance and other applicable laws, regulations and ordinances. An application for a temporary sign shall state the dates intended for the erection and removal of the sign.
(2)
The building official or designee with concurrence of the zoning administrator or designee shall promptly process the sign permit application and approve the application, reject the application, or notify the applicant of deficiencies in the application within twenty (20) business days after receipt. Any application that complies with all provisions of this zoning ordinance, the building code, and other applicable laws, regulations, and ordinances shall be approved.
(c)
Rejection. If the application is rejected, the county shall provide a list of the reasons for the rejection in writing. An application shall be rejected for non-compliance with the terms of the zoning ordinance, building code, or other applicable law, regulation or ordinance.
(d)
Permit fee. A nonrefundable fee as set forth in the uncodified fee schedule adopted by the board of supervisors shall accompany all sign permit applications.
(e)
Duration and revocation of permit. The county may revoke a sign permit under any of the following circumstances:
(1)
The county determines that information in the application was materially false or misleading;
(2)
The sign as installed does not conform to the sign permit application; or
(3)
The sign violates the zoning ordinance, building code, or other applicable law, regulation or ordinance.
(f)
Overlay district regulations. All signs in the historic overlay districts (HOD) require approval of the architectural review board (ARB) except when a sign permit is not required as provided in section 28-124.
(g)
Conditional use permits. Comprehensive sign plans may be approved by conditional use permit. The comprehensive sign plan shall establish the time, manner, and placement of signs, frequency of message changes, the materials, the hours of lighting, the height of signs, the total number of square feet of sign surface, and the number of signs to be placed on a site.
(Ord. No. O17-04, 1-24-17)
A sign permit is not required for:
(1)
Signs erected by a governmental body or those required by law.
(2)
The changing of messages on marquees, changeable copy signs, electronic message center signs, or an existing permitted sign.
(3)
Temporary signs as follows:
a.
Official notices or advertisements posted or displayed by or under the direction of any public or court officer in the performance of his official or directed duties; provided, that all such signs shall be removed no more than ten (10) days after their purpose has been accomplished.
b.
Three (3) or fewer signs at any given time per lot, no more than thirty-two (32) square-feet in area per sign not to exceed sixty (60) days in duration for no more than two (2), sixty-day periods in a calendar year.
(4)
Pavement markings. Any sign applied directly and entirely to and flush with an asphalt, concrete, or similar paved surface.
(5)
One minor sign per street frontage not to exceed two (2) per parcel. Permits will be required for signs in excess of two (2) per parcel or as otherwise permitted by this chapter.
(Ord. No. O17-04, 1-24-17)
Except where specified elsewhere in this article, signs shall be exempt from setback requirements in all districts; provided, however, that no sign shall be so located as to interfere with vehicular clear sight triangle distance at intersections or to create a safety hazard.
(Ord. No. O17-04, 1-24-17)
No part of any sign projecting more than twelve (12) inches from any wall shall be less than ten (10) feet above the level of the ground at that point. Signs projecting over vehicle traffic shall be not less than fourteen (14) feet above ground level.
(Ord. No. O17-04, 1-24-17)
Whenever the zoning administrator in concurrence with the building official, or his designee determines that a sign is structurally unsafe or endangers the safety of a structure, premises, or the public, or is erected or maintained in violation of the provisions of this chapter, the zoning administrator or his designee shall order the sign to be made safe or in compliance with this chapter, as the case may be, or to be removed. Such order shall be sent by registered mail, return receipt requested, and shall be complied with.
(Ord. No. O17-04, 1-24-17)
(a)
Except as otherwise prohibited in this article, the following signs are permitted as accessory to residential uses in residential districts. Changeable copy signs, electronic message signs and signs with moving parts are prohibited on residential properties in all agricultural and residential districts.
(b)
Except as provided otherwise in this article, the following signs are permitted as accessory to principal non-residential uses in agricultural and residential districts. Changeable copy signs, electronic message signs and signs with moving parts are permitted as accessory uses for non-residential uses in all residential districts.
(Ord. No. O17-04, 1-24-17; Ord. No. O17-08, 10-3-17)
(a)
Generally. Except as provided otherwise in this article, the following signs are permitted as accessory uses in commercial and office districts:
(Ord. No. O17-04, 1-24-17)
Except as provided otherwise in this article, the following signs are permitted as accessory uses in industrial districts. In addition, up to one minor sign per business is permitted as a wall sign.
(Ord. No. O17-04, 1-24-17)
(a)
Except as provided otherwise in this article, the following signs are permitted as accessory uses associated with primary commercial and multifamily uses in planned development and urban development districts.
(b)
Except as otherwise prohibited in this article, the following signs are permitted as accessory to residential uses in planned development and urban development districts. Changeable copy signs, electronic message signs, and signs with moving parts are prohibited on residential properties in all residential transect zones or districts.
*Freestanding signs within one thousand (1,000) ft. of a HI zoning district or HR overlay district are limited to twelve (12) feet in height.
(Ord. No. O17-04, 1-24-17)