[Amended 5-10-2004; 6-9-2014]
A.
Regulations. The regulations set forth in this article or set forth
elsewhere in this chapter and referred to in this article shall apply
to all new signs, replacement signs and their modification(s) established
after the effective date of the chapter.
B.
Exemption for certain existing signs. Notwithstanding any contrary
provision in this chapter, no nonconforming sign is required to be
removed solely by the passage of time if to so require is otherwise
prohibited by state or federal law.
C.
Purpose and intent.
(1)
The sign regulations are intended to define, permit, and control
the use of signs which are legible from the public right-of-way. Town
Council has adopted these regulations in order to achieve all of the
following community goals and objectives:
(a)
Protect the health, safety, and welfare of the public.
(b)
Equitably distribute the privilege of using the public environs
to communicate private information.
(c)
Safeguard the public use and nature of the streets and sidewalks.
(d)
Protect and enhance the visual environment of the Town.
(e)
Discourage the diminishing of property values within the Town.
(f)
Minimize visual distractions to motorists using the public streets.
(g)
Promote an aesthetically pleasing environment for the citizens
of this Town.
(h)
Promote the economic growth of the Town by creating a community
image that is conducive to attracting new business and industrial
development.
(i)
Permit reasonable legibility and effectiveness of signs and
prevent their over-concentration, improper placement and excessive
height, bulk, density, and area.
(j)
Promote the safety of persons and property by requiring that
signs not create a hazard due to collapse, fire, decay, or abandonment.
(k)
Ensure that signs do not obstruct firefighting efforts, and
do not create traffic hazards by confusing or distracting motorists
or by impairing drivers' ability to see pedestrians, obstacles,
or other vehicles or to read traffic signs.
(l)
Provide for reasonable advertising of business and civic products
and services, with recognition of the effects of signage on the character
of the community.
(m)
Control visual clutter, and encourage high professional standards
in sign design and display.
(n)
Ensure compliance with Virginia Department of Highway and Transportation
(VDOT) regulations.
(2)
The Town Council finds that the regulations in this article advance
the significant government interests identified herein and are the
minimum amount of regulation necessary to achieve those interests.
D.
E.
Interpretation; conflicting laws or regulations. Where this article
differs in any manner from the provisions of the Virginia Uniform
Statewide Building Code, the Town Code or any other ordinance or regulation
of the Town, the ordinance, Code or regulation imposing the greatest
restriction upon the use of any sign shall control.
The following words and terms shall, for the purposes of this
chapter and as used elsewhere in this Code, have the meanings shown
herein.
A sign structure that has ceased to be used, and the owner
intends no longer to have used, for the display of sign copy, or as
otherwise defined by state law.
A sign employing actual motion or the illusion of motion.
Animated signs, which are differentiated from changeable signs as
defined and regulated by this Code, include the following types:
ELECTRICALLY ACTIVATEDAnimated signs producing the illusion of movement by means of electronic, electrical or electro-mechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:
Flashing: Animated signs or animated portions of signs whose
illumination is characterized by a repetitive cycle in which the period
of illumination is either the same as or less than the period of nonillumination.
For the purposes of this chapter, flashing will not be defined as
occurring if the cyclical period between on-off phases of illumination
exceeds four seconds.
Patterned illusionary movement: Animated signs or animated portions
of signs whose illumination is characterized by simulated movement
through alternate or sequential activation of various illuminated
elements for the purpose of producing repetitive light patterns designed
to appear in some form of constant motion.
ENVIRONMENTALLY ACTIVATEDAnimated signs or devices motivated by wind, thermal changes or other natural environmental input; includes spinners, pinwheels, pennant strings, and/or other devices or displays that respond to naturally occurring external motivation.
MECHANICALLY ACTIVATEDAnimated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
Any projection that is not intended for occupancy and that
extends beyond the face of an exterior wall of a building, but that
does not include signs as defined herein. See also "awning"; "backlit
awning"; and "canopy, attached" and "canopy, freestanding."
An architectural projection or shelter projecting from and
supported by the exterior wall of a building and composed of a covering
of rigid or nonrigid materials and/or fabric on a supporting framework
that may be either permanent or retractable, including such structures
that are internally illuminated by fluorescent or other light sources.
A sign displayed on or attached flat against the surface
or surfaces of an awning. See also "wall or fascia sign."
An awning with a translucent covering material and a source
of illumination contained within its framework.
A flexible substrate on which copy or graphics may be displayed.
A sign utilizing a banner as its display surface.
An off-premises sign or sign structure with display space
available for lease and designed so that the copy or poster on the
sign can be changed frequently.
The entire side of a building, from ground level to the roofline,
as viewed perpendicular to the walls on that side of the building.
A multisided overhead structure or architectural projection
supported by attachments to a building on one or more sides and either
cantilevered from such building or also supported by columns at additional
points. The surface(s) and/or soffit of an attached canopy may be
illuminated by means of internal or external sources of light. See
also "marquee."
A multisided overhead structure supported by columns, but
not enclosed by walls. The surface(s) and/or soffit of a freestanding
canopy may be illuminated by means of internal or external sources
of light.
A sign affixed to the visible surface(s) of an attached or
freestanding canopy.
A sign with the capability of content change by means of
manual or remote input, including signs which are:
Electrically activated: changeable sign whose message copy or
content can be changed by means of remote electrically energized on-off
switching combinations of alphabetic or pictographic components arranged
on a display surface. Illumination may be integral to the components,
such as characterized by lamps or other light-emitting devices; or
it may be from an external light source designed to reflect off the
changeable component display. See also "electronic message sign or
center."
Manually activated. Changeable sign whose message copy or content
can be changed manually.
A sign that is supported partly by a pole and partly by a
building structure.
Those letters, numerals, figures, symbols, logos and graphic
elements comprising the content or message of a sign, excluding numerals
identifying a street address only.
A freestanding sign identifying a multiple-occupancy development,
such as a shopping center or planned industrial park, which is controlled
by a single owner or landlord.
Any sign that is designed and erected for the purpose of
providing direction and/or orientation for pedestrian or vehicular
traffic.
A sign with two faces, back to back.
Any sign activated or illuminated by means of electrical
energy.
Any sign placed outside a building.
See "wall or fascia sign."
See "animated sign, electrically activated."
A sign principally supported by a structure affixed to the
ground, and not supported by a building, including signs supported
by one or more columns, poles or braces placed in or upon the ground;
for visual reference.
The length of an exterior building wall or structure of a
single premises orientated to the public way or other properties that
it faces.
The length of the property line(s) of any single premises
along either a public way or other properties on which it borders.
See "freestanding sign."
A sign characterized by the use of artificial light, either
projecting through its surface(s) (internally illuminated) or reflecting
off its surface(s) (externally illuminated).
Any sign placed within a building, but not including window
signs as defined by this chapter. Interior signs, with the exception
of window signs as defined, are not regulated by this chapter.
An inclined decorative roof-like projection that is attached
to an exterior building facade.
See "canopy (attached)."
See "canopy sign."
A freestanding sign orientated to the drive-through lane
for a restaurant that advertises the menu items available from the
drive-through window, and which has no more than 20% of the total
area for such a sign utilized for business identification.
A sign containing three or more faces.
See "outdoor advertising sign."
A sign erected, maintained or used in the outdoor environment
for the purpose of the display of messages appurtenant to the use
of, products sold on, or the sale or lease of, the property on which
it is displayed.
A permanent sign erected, maintained or used in the outdoor
environment for the purpose of the display of commercial or noncommercial
messages not appurtenant to the use of, products sold on, or the sale
or lease of, the property on which it is displayed.
The extension of a building facade above the line of the
structural roof.
See "freestanding sign."
A temporary sign intended to advance a political statement,
cause or candidate for office. A legally permitted outdoor advertising
sign shall not be considered to be a political sign.
Any sign not permanently attached to the ground or to a building
or building surface.
A sign other than a wall sign that is attached to or projects
more than 15 inches (457 mm) from a building face or wall or from
a structure whose primary purpose is other than the support of a sign.
A temporary sign advertising the sale, lease or rental of
the property or premises upon which it is located.
A sign that revolves 360° about an axis. See also "animated
sign, mechanically activated."
The top edge of a peaked roof or, in the case of an extended
facade or parapet, the uppermost point of said facade or parapet.
A sign mounted on and supported by the main roof portion
of a building, or above the uppermost edge of a parapet wall of a
building and which is wholly or partially supported by such a building.
Signs mounted on mansard facades, pent eaves and architectural projections,
such as canopies or marquees, shall not be considered to be roof signs;
for a visual reference, and a comparison of differences between roof
and fascia signs.
Any device visible from a public place that displays either
commercial or noncommercial messages by means of graphic presentation
of alphabetic or pictorial symbols or representations. Noncommercial
flags or any flags displayed from flagpoles or staffs will not be
considered to be signs.
The area of the smallest geometric figure, or the sum of
the combination of regular geometric figures, which comprise the sign
face. The area of any double-sided or shaped sign shall be the area
of the largest single face only. The area of a sphere shall be computed
as the area of a circle. The area of all other multiple-sided signs
shall be computed as 50% of the sum of the area of all faces of the
sign.
Those letters, numerals, figures, symbols, logos and graphic
elements comprising the content or message of a sign, exclusive of
numerals identifying a street address only.
The surface upon, against or through which the sign copy
is displayed or illustrated, not including structural supports, architectural
features of a building or sign structure, nonstructural or decorative
trim, or any areas that are separated from the background surface
upon which the sign copy is displayed by a distinct delineation, such
as a reveal or border.
In the case of panel or cabinet-type signs, the sign face shall
include the entire area of the sign panel, cabinet or face substrate
upon which the sign copy is displayed or illustrated, but not open
space between separate panels or cabinets.
In the case of sign structures with routed areas of sign copy,
the sign face shall include the entire area of the surface that is
routed, except where interrupted by a reveal, border, or a contrasting
surface or color.
In the case of signs painted on a building, or individual letters
or graphic elements affixed to a building or structure, the sign face
shall comprise the sum of the geometric figures or combination of
regular geometric figures drawn closest to the edge of the letters
or separate graphic elements comprising the sign copy, but not the
open space between separate groupings of sign copy on the same building
or structure.
In the case of sign copy enclosed within a painted or illuminated
border, or displayed on a background contrasting in color with the
color of the building or structure, the sign face shall comprise the
area within the contrasting background, or within the painted or illuminated
border.
Any structure supporting a sign.
A sign intended to display either commercial or noncommercial
messages of a transitory or temporary nature. Portable signs or any
sign not permanently embedded in the ground, or not permanently affixed
to a building or sign structure that is permanently embedded in the
ground, are considered temporary signs.
A sign attached to the underside of a canopy or marquee.
Signs containing two faces of approximately equal size, erected
upon common or separate structures, positioned in a V-shape with an
interior angle between faces of not more than 90° with the distance
between the sign faces not exceeding five feet (1,524 mm) at their
closest point.
A sign that is in any manner affixed to any exterior wall
of a building or structure and that projects not more than 15 inches
(457 mm) from the building or structure wall, including signs affixed
to architectural projections from a building, provided that the copy
area of such signs remains on a parallel plane to the face of the
building facade or to the face or faces of the architectural projection
to which it is affixed; for a visual reference and a comparison of
differences between wall or fascia signs and roof signs.
A sign affixed to the surface of a window with its message
intended to be visible to and readable from the public way or from
adjacent property.
A.
General. Sign types and the computation of sign area shall be as
depicted in the International Zoning Code, as amended.
B.
Conformance to codes. Any sign hereafter erected shall conform to
the provisions of this chapter and the provisions of the International
Building Code and of any other ordinance or regulation within this
jurisdiction.
C.
Signs in rights-of-way. No sign other than an official traffic sign
or similar sign shall be erected within five feet of the lines of
any street, or within any public way, unless specifically authorized
by other ordinances or regulations of this jurisdiction or by specific
authorization of the Zoning Administrator.
D.
Projections over public ways. Signs projecting over public walkways
shall be permitted to do so only subject to the projection and clearance
limits either defined herein or, if not so defined, at a minimum height
of eight feet (2,438 mm) from grade level to the bottom of the sign.
Signs, architectural projections or sign structures projecting over
vehicular access areas must conform to the minimum height clearance
limitations imposed by the jurisdiction for such structures.
E.
Traffic visibility. No sign or sign structure shall be erected at
the intersection of any street in such a manner as to obstruct free
and clear vision, nor at any location where by its position, shape
or color it may interfere with or obstruct the view of or be confused
with any authorized traffic sign, signal or device.
F.
Animation signs. Animated signs are only permitted in Neighborhood
Commercial, General Commercial, and Industrial Zones.
G.
Maintenance, repair and removal. Every sign permitted by this chapter
shall be kept in good condition and repair and be legible. When any
sign becomes unsecure, in danger of falling or is otherwise deemed
unsafe by the Zoning Administrator, or if any sign shall be unlawfully
installed, erected or maintained in violation of any of the provisions
of this chapter, the owner thereof or the person or firm using same
shall, upon written notice by the Zoning Administrator forthwith in
the case of immediate danger, and in any case within not more than
10 days, make such sign conform to the provisions of this chapter,
or shall remove it. If within 10 days the order is not complied with,
the Zoning Administrator shall be permitted to remove or cause such
sign to be removed at the expense of the owner and/or the user of
the sign.
H.
Obsolete sign copy. Any sign copy that no longer advertises or identifies
a use conducted on the property on which said sign is erected must
have the sign copy covered or removed within 30 days. After written
notification from the Zoning Administrator, and upon failure to comply
with such notice within 15 days, the Town is hereby authorized to
cause removal of such sign copy, and any expense incident thereto
shall be paid by the owner of the building, structure or ground on
which the sign is located.
I.
Nonconforming signs. Any sign legally existing at the time of the
passage of this chapter that does not conform in use, location, height
or size with the regulations of the zone in which such sign is located,
shall be considered a legal nonconforming use or structure and shall
be permitted to continue in such status until such time as it is either
abandoned or removed by its owner, subject to the following limitations:
(1)
Structural alterations, enlargement or re-erection are permissible
only where such alterations will not increase the degree of nonconformity
of the signs.
(2)
Any legal nonconforming sign shall be removed or rebuilt without
increasing the existing height or area if it is damaged, or removed
if allowed to deteriorate to the extent that the cost of repair or
restoration exceeds 50% of the replacement cost of the sign as determined
by the Zoning Administrator.
J.
Maximum number of signs allowed. Except where district regulations
are more restrictive, any establishment may have no more than two
signs per major street frontage and one additional sign for each additional
street frontage unless stated otherwise. For purposes of calculation
of the number of signs permitted per establishment, only one street
frontage per establishment shall be designated as major street frontage.
Signs which are less than one square foot in area or for which a permit
is not required shall not be counted in calculating the number of
allowed signs.
K.
Height, nature of freestanding and projecting signs.
(1)
No part of any freestanding or projecting sign shall be higher than
15 feet from grade with the exception of signs within a two-mile radius
of Interstate Route 77, which signs shall be allowed up to 25 feet
in height.
(2)
Only one sign per parcel as designated on the Town real property tax maps may be freestanding or projecting except as provided in Subsection J of this section.
(3)
Shopping centers shall be permitted one freestanding sign per street
frontage. A freestanding shopping center sign may display the shopping
center name and a list of tenants. Individual shops and businesses
in shopping centers may have wall signs only as provided for elsewhere
in this article.
L.
Replacement or consolidation of existing signs. When existing signs
are replaced or consolidated, the maximum total sign surface area
of the replacement or consolidated sign shall be:
M.
Sign area calculations. The following method shall be utilized in
the calculation of sign area:
(1)
All sign surfaces and faces visible from a public right-of-way or
place and used for display shall be included in the calculation of
sign area.
(2)
Wall or roof signs:
(a)
The area of a wall or roof sign where the sign is painted or
affixed by letters and numerals or symbols shall be the sum total
of the area of the smallest connected rectilinear geometric shape
enclosing such painted or affixed letters, numbers or symbols.
(b)
The area of wall or roof signs where the sign surface is hung
or affixed to the structure shall be the total area of the affixed
or hung surfaces.
(3)
Freestanding, projecting or ground signs. The area of a freestanding,
projecting or ground sign shall be the sum total of the areas of all
surfaces visible from the public right-of-way or other area from which
the sign is intended to be viewed.
A.
Construction of all marquees shall follow requirements set forth
in the Virginia Uniform Statewide Building Code, as amended.
B.
Signs on marquees for establishments other than theaters shall not
exceed 20 square feet on any side or front section of the marquee.
Such signs may extend above the top of the marquee, provided that
the vertical dimension of the structure, including both marquee and
sign, shall not exceed three feet. If such signs are illuminated,
exposed light sources shall not be used.
C.
Signs may be located under marquees subject to the following restrictions:
(1)
There shall be only one sign for each store entrance.
(2)
Such signs shall not exceed 12 inches in depth with not more than
an additional three inches in depth to include the supports and hangers
attaching the sign to the marquee.
(3)
If such signs are illuminated, the illumination shall be by interior
lighting only, subject to the interior lighting restrictions as set
forth in this section.
D.
Theater marquees shall not exceed five feet in the vertical dimension.
The restriction on square footage as set forth in this article shall
not apply to theater marquees. Such signs may extend above the top
of the marquee, provided that the vertical dimension of the structure,
including both marquee and sign, shall not exceed five feet. A sign
or signs may also be suspended below the marquee, provided that a
clearance of 10 feet is maintained between the bottom of the sign
and the sidewalk or floor.
The following signs shall be exempt from the provisions of this chapter. No sign shall be exempt from § 171-66E.
A.
Official notices authorized by a court, public body or public safety
official.
B.
Directional, warning or information signs authorized by federal,
state or municipal governments.
C.
Memorial plaques, building identification signs and building cornerstones
when cut or carved into a masonry surface or when made of noncombustible
material and made an integral part of the building or structure.
D.
The flag of a government or noncommercial institution, and any other
flag of a state or nation flown for noncommercial purposes; or flags
displaying purely ornamental and noncommercial information, such as
graphic depictions such as flowers and the like.
E.
Signs attached to athletic field fences.
F.
Religious symbols and seasonal decorations, both residential and
commercial, within the appropriate public holiday season.
G.
Street address signs and combination nameplate and street address
signs that contain no advertising copy and which do not exceed six
square feet (0.56 square meters) in area.
H.
Any sign with an area of one square foot or less.
I.
Signs on the inside of store windows, except those signs specified
as prohibited signs in this article.
J.
Signs displayed for the direction or convenience of the public, including
signs which identify restrooms, location of public telephones, public
entrances, freight entrances or the like, provided that such signs
do not exceed a total surface area of three square feet per sign on
any lot or parcel.
K.
Gasoline price signs, provided that the total area of all such signs
is 12 square feet or less.
L.
Signs displayed during the months of November and December for the
purpose of selling holiday vegetation and accessory items.
M.
Signs displayed on a truck, bus, or other vehicle while in use in
the normal conduct of business. This section shall not be interpreted
to permit the parking for display purposes a vehicle to which a sign
is attached or the use of such a vehicle as a portable sign.
N.
Menu/daily special signs, not exceeding four square feet in size,
provided that the sign is attached to a building facade.
O.
Signage for Town-sponsored events as approved by the Town Manager.
P.
Sandwich board signs, provided that they in no way obstruct vehicular
travel, public parking and/or pedestrian movement along sidewalks.
Q.
Political campaign signs or signs demonstrating the freedom of speech,
provided that such signs do not advertise a product or business.
The following regulations shall apply in the designated district,
as appropriate, to permitted uses by right and special uses as may
be permitted:
A.
Agricultural (A-1), Residential (R-1), Residential (R-2), Mobile
Home Park (MHP) Residential Districts:
(1)
Public and semipublic identification signs of not more than 12 square
feet located on the premises. No more than one sign per use.
(2)
Residential signs and realty signs of not more than six square feet
located on the premises and civic signs not to exceed nine square
feet.
(3)
Directional signs.
(4)
Churches, schools, hospitals and assisted living facilities zoned
R-1 or R-2 will use Neighborhood Commercial District (NC) standards
for sign restrictions and determination of conforming application
of that standard.
B.
Neighborhood Commercial District (NC), Core Commercial District (CC),
General Commercial District (GC), Industrial District (I), Landfill
District (L):
(1)
One overhanging sign referring to a business operated on the premises
is permitted, provided that any such sign shall not be allowed to
protrude more than five feet from the building front and shall not
exceed one square foot for 20 square feet of that business storefront
up to a maximum of 10 square feet.
(2)
The total area of all freestanding and projecting signs permitted
for any business establishment shall not be greater than 64 square
feet and shall be located on the premises.
(3)
Off-premises signs. Freestanding signs referring to a business or
other permitted use and located off the premises of such business
or use shall be permitted in GC and Industrial Districts subject to
the following restrictions:
(a)
No such sign shall exceed 32 square feet in area nor shall such
sign exceed eight feet in height.
(b)
No such sign shall be located within 10 feet of any street line,
other property line or driveway.
(c)
Such sign shall not be illuminated.
(d)
No such sign shall be located within 300 feet of another such
sign situated along the same side of a street, provided that two such
signs may be attached back-to-back on the same supporting structure.
(e)
Not more than one such sign pertaining to the same use and facing
the same direction of travel shall be located along a single route.
(4)
Other provisions of this chapter to the contrary notwithstanding,
planned commercial developments other than shopping centers which
require a site plan within the GC and I Zoning Districts and located
within a two-mile radius of the midpoint between two bridges at Exit
14 of Interstate Route 77 may be allowed up to 200 square feet of
aggregate sign area; the sizes and locations of such signs to be specified
within the site plan of such development and approved by the Zoning
Administrator prior to finalization of such site plan.
A.
For a proposed development subject to site plan review, and for any
development that is subject to architectural review, the Zoning Administrator
or public body may waive or modify requirements of this article by
approving a comprehensive signage plan for such development or project.
Where a particular development is subject to site plan review and
architectural review, the official or public body conducting the architectural
review shall be the decisionmaker upon a proposed comprehensive signage
plan.
B.
For the purposes of this section, the term "comprehensive signage
plan" refers to a written plan detailing the type, quantity, size,
shape, color, and location of all signs within the development that
is the subject of the plan, where the number, characteristics and/or
locations of one or more signs referenced within the plan do not comply
with the requirements of this article.
C.
The official or public body may approve a comprehensive signage plan
upon a determination that:
(1)
There is good cause for deviating from a strict application of the
requirements of this article; and
(2)
The comprehensive signage plan, as proposed, will serve the public
purposes and objectives of this article at least as well, or better,
than the signage that would otherwise be permitted for the subject
development.
D.
Applications for approval of a comprehensive signage plan shall be
submitted in writing to the Zoning Administrator and shall be accompanied
by the required application fee as set forth within the most recent
zoning fee schedule approved by Town Council.
E.
Each application for approval of a comprehensive signage plan shall
include the following information:
(1)
A written narrative description of the overall plan, including, without limitation; a tally of the total number of signs included within the coverage of the plan, and a summary of how the applicant believes the comprehensive signage plan will serve the objectives set forth within § 171-64C of this article.
(2)
A color illustration or photograph of each sign included within the
plan. For signs with multiple faces, an illustration or photograph
shall be provided for each face. For monument and pole signs, an illustration
or photograph of proposed landscaping shall be provided.
(3)
A written description of the type, size (dimensions), materials,
and proposed location of each sign.
(4)
A map or other written identification and description of all existing
signs on the property comprising the proposed development.
(5)
Color illustrations or photographs of signage existing on adjacent
properties.
(6)
A written description (and illustration or photograph) of proposed
lighting (for illuminated signs).
F.
Appeals from decisions of a Town official or public body reviewing
a proposed comprehensive signage plan shall be taken in the same manner
as provided within this chapter with respect to other decision(s)
of that official or public body.
The following signs are prohibited within the Town unless otherwise
stated in this article:
A.
Any sign affixed to, hung, placed or painted on any other sign, fence,
cliff, tree, public utility pole, radio or television or similar tower,
provided that this prohibition shall not affect official traffic,
parking or informational signs placed on utility poles by the Town
government.
B.
Any sign or banner within or across a public right-of-way, unless
specifically approved by the Town Manager, or his/her designee.
C.
Any sign attached to, rather than painted on, an awning which is
not a marquee.
D.
Any flashing or moving sign, except those officially erected for
safety purposes.
E.
Any sign which advertises any business, product or service which
is not conducted, produced or sold as a primary product under license
on the premises where the sign is located. Signs relating to the activities
of the previous occupant may remain in place for not more than 60
days from the date of vacancy. When a business is vacated, the sign
for such terminated business shall be removed within 60 days.
F.
Any sign which the Town Manager determines to imitate an official
traffic sign or signal or conflict with traffic safety needs due to
its location, coloring, movement, shape or illumination.
G.
Portable signs.
H.
Any sign, except an official public notice, which is nailed, tacked,
posted, or in any other manner attached to any utility pole, or structure-supporting
wire, cable, or pipe, or to public property of any description.
I.
Signs advertising activities or products that are illegal under federal,
state, Town, or county law.
J.
Any electrical sign that does not display the UL, ETL, CSA, or ULC
label.
K.
Any sign that due to its size, illumination, location or height obstructs
the vision of motorists or pedestrians at any intersection, or similarly
obstructs the vision of motorists entering a public right-of-way from
private property.
L.
A sign which obstructs any window or door opening used as a means
of egress, or which prevents free passage from one part of a roof
to any other part thereof, and a sign which interferes with an opening
required for ventilation.
M.
A sign in a public right-of-way except as provided in § 171-71.3 of this article. Any sign existing or having been allowed in a public right-of-way may be ordered removed by the Zoning Administrator upon 30 days' notice if the use of that right-of-way is changed to require the signs' removal, or if the public right-of-way is to be used for any public purposes inconsistent with the existence of the sign.
N.
A sign that violates any provision of any federal or state law relative
to outdoor advertising.
O.
Signs with moving components.
Q.
Large floating or stationary balloons.
R.
Signs attached, painted, or mounted to unlicensed and inoperative
or generally stationary vehicles.
S.
Any sign representing or depicting specified sexual activities or
specified anatomical areas or sexually oriented goods. Any sign containing
obscene text or pictures as defined by the Virginia Code.
T.
Off-premises signs. No off-premises signs are permitted in the Town
of Hillsville, except location signs which may be located off-premises.
U.
Billboards, except those existing at the adoption of this chapter.
Repair of existing billboards is allowed, however, replacement is
not.
V.
Signs placed in the right-of-way of any street.
A.
Temporary signs are permitted, provided that they meet the standards
of this section. The area of any temporary sign maintained per this
section shall not count for the allowable permanent sign area for
any lot or structure.
B.
A "temporary sign" is a sign that is not permanently mounted to a
building or into the ground. Signs attached by rope, string, chain,
tape, paste, and similar mechanisms; signs not rigidly attached to
a supporting structure; signs made of paper, cardboard, cloth, and
similar materials; and signs that are pushed, hammered or similarly
put into the ground are considered temporary signs. Examples of temporary
signs include, but are not limited to, garage or yard sale signs,
political campaign signs, real estate signs, construction signs, menu/daily
special signs.
C.
Each temporary sign shall be maintained in good, safe condition,
securely affixed to a building or the ground.
D.
Temporary sign area per lot shall not exceed 32 square feet.
E.
Any temporary sign pertaining to an event must be removed within
10 days after the event. For example, garage or yard sale signs, political
campaign signs, and real estate signs are subject to this provision.
For all other temporary signs, a maximum posting period of 14 consecutive
calendar days is permitted, up to five times per calendar year. Such
signs shall not be attached in any way to utility poles, meter posts,
or trees within any public street right-of-way. No person shall put
up any notice upon any building, wall, fence or other property of
another person without having first obtained written consent of the
owner of such property.
F.
A temporary sign shall not be illuminated.
G.
Pennants and streamers, without advertising, may be displayed simultaneously
with temporary grand opening signs, but at no other time.
No permit shall be required for the following signs, if they
are installed in compliance with the provisions of this article. Signs
approved in accordance with a site plan review shall be in compliance
with the site plan as approved by the Planning Commission. All of
the following signs may be erected in any of the Town zoning districts:
A.
Real estate signs not exceeding six square feet in area which advertise
for sale or rental the land or building upon which such signs are
located. Such signs shall not be illuminated and shall not be more
than four feet in height. Such signs may be erected up to the property
line.
B.
Professional nameplates not exceeding one square foot in area when
placed upon the wall of the building.
C.
Monumental inscriptions, memorial signs or tablets containing names
of persons or buildings or dates of erection, and similar information,
when cut into any masonry surface or when constructed of bronze or
other noncombustible material.
D.
Signs denoting the architect, engineer or contractor when placed
at the construction site. Such signs shall not be illuminated, and
no such signs shall exceed an area of 32 square feet, nor shall they
remain standing after construction has been completed.
E.
Traffic, municipal, legal notice, directional or informational sign;
railroad crossing signs, danger, safety, temporary or emergency signs
and holiday decorations across a public right-of-way when authorized
by the Town Manager, or his/her designee.
F.
Temporary directional, political or informational signs not over
six square feet in area, provided that the activity which the sign
promotes is one permitted under the use regulations applicable to
the district where the sign is located. Signs for temporary events,
sales or special promotions may be erected not more than one month
before the event or activity and shall be removed within one week
of its conclusion. In no case shall any such temporary sign be displayed
for a period longer than two months in any calendar year. There shall
be no more than two such temporary signs per establishment at any
time.
G.
Signs designating entrances, exits or conditions of use for parking
lots. Such signs shall not exceed six square feet in area.
H.
Subdivision or housing development signs. Such signs shall not exceed
six feet in height, 25 square feet in area, and shall include only
the name of the subdivision, housing development, multiple-family
dwelling complex or townhouse development.
I.
Signs showing the name and address of the resident, but not to include
any commercial advertising and not more than one square foot in area.
J.
Signs regulating on-premises traffic, parking or indicating other
functional information such as lavatory facilities or telephone and
signs denoting functions of other sections of a building such as "fabrication,"
or "office," when less than six square feet in area and bearing no
commercial advertising.
K.
Signs identifying the home occupation or office of the resident,
of not more than one square foot in area, and attached to the wall
of the building or other existing permanent structure.
L.
"No Trespassing" signs of not more than one square foot in area.
M.
Historic markers of an area less than 15 square feet when approved
by the Board of Architectural Review.
N.
Signs on the inside of store windows.
O.
Signs not over 25 feet in area identifying municipal or governmental
buildings and offices or buildings used for religious purposes, when
erected upon the building or land upon which such building is located.
P.
Flags flying from a flagpole, where no more than three flags are
displayed at any one time, no individual flag exceeding 50 square
feet in area.
Q.
Signs indicating the hours of operation for a business (other than
a home occupation), where located in the window of a business and
not in excess of two square feet.
R.
Signs containing the words "private drive," not exceeding two square
feet, limited to one sign per entrance drive.
S.
Official notices or advertisements posted according to statutory
notice or other advertising requirements imposed by law by any public,
local or state official, or court officer or any trustees under deeds
of trust or other similar instruments.
T.
No more than two "entrance" or "exit" signs at each vehicular entrance
to and exit from a parking lot, not to exceed two square feet each.
Signs specifying parking restrictions, not to exceed three square
feet each, may be affixed to a wall and located no less than 25 feet
apart. The signs may be freestanding if no larger than two square
feet, located on the perimeter of a parking lot no less than 25 feet
apart, and at a height no greater than four feet.
The Town Manager or his/her designee may place or cause to be
placed signs in the public right-of-way and in or upon any public
property.
A.
A person shall not erect, install, alter, modify, reface, rehang
or replace over public property any sign for which a permit is required
under the provisions of this article until the sign owner presents
satisfactory evidence that a public liability insurance policy with
a minimum of $300,000 single limit coverage is in force during the
term of this permit.
B.
Such insurance policy shall protect and save the jurisdiction members
from any and all claims or demands for damages by reason of any negligence
of the sign hanger, contractor or agents, or by any reason of defects
in the construction or damages resulting from the collapse, failure
or combustion of the parts thereof.
C.
The obligation herein specified shall remain in force and effect
during the life of every sign and shall not be cancelled by the principal
or surety until after a thirty-day notice to the Zoning Administrator,
after which time the sign must be immediately removed.
The structural components of a sign (including, without limitation,
lighting fixtures) shall be constructed, installed and maintained
in accordance with the requirements of the Virginia Uniform Statewide
Building Code.
All applicants for a sign permit or entrance corridor overlay
certificate of appropriateness must present a lighting plan for the
proposed signage.
A.
Signs may be illuminated either through the use of backlighting or
direct lighting, provided that the following standards are met:
(1)
Information on any illumination proposed as part of a sign must
be provided by the applicant on the sign permit application.
B.
Any sign containing electrical components shall conform to current
UL, ETL, CSA, or ULC standards and display a label from one of these
recognized testing labs.
C.
Animated/electronic signs of red/opaque/amber or intermittent color
shall be allowed, one, double-sided, per establishment, upon proper
permitting, as long as the animation does not flash, scroll or any
other movement which is deemed dangerous to traffic.
D.
Such animated signs are only allowed in GC, NC, and I Districts,
as defined by this chapter.
E.
The Town Manager, upon finding that an animated or electronic sign
is negatively affecting the health, safety and welfare of the public,
may cause the removal of such sign, or prevent the installation thereof.
A.
Historic site signs, up to a maximum of one for each site, structure,
or landmark registered with the Virginia Landmarks Register or the
National Historic Register, are permitted in all zoning districts.
The maximum size sign permitted is 12 square feet, with a maximum
height of nine feet.
B.
Historic district signs containing information relating to the historic,
architectural, cultural, or archeological significance of the district.
The maximum size sign permitted is 12 square feet, with a maximum
height of nine feet. The sign plan for historic district signs must
be submitted with the rezoning application for the historic district.
C.
Location sign. Such signs may be freestanding and may be located
within the public right-of-way, provided that written permission is
obtained from the Administrator. Only one location sign per establishment
is permitted.
A signage plan shall be submitted as part of any application
for a special use permit as authorized elsewhere in this chapter.
The signage plan shall be of sufficient detail to allow the Zoning
Administrator, Town Manager and Town Council to judge the compatibility
of the proposed signage with the character of the special use and
the surrounding neighborhood. At a minimum, all signage plans shall
provide information on the general size, location, style, color, and
materials of all signs proposed. In evaluating the special use permit
application, the Commission and Council shall consider the appropriateness
of the proposed signage plan in relation to the character of the proposed
development and the surrounding area.
A.
Banners may be displayed over a right-of-way or within the median
of a right-of-way for two consecutive weeks, provided that approval
is granted by the Town Manager. The Town may attach conditions in
the display of these banners.
(1)
In determining whether to grant or deny the request to display
a banner, the Town shall be guided by the following standard: the
event or cause for which the banner is to be displayed shall be of
a Town-wide, public nature. In this regard, the Council finds that
the Town does not, and has not, designated the air space over the
public streets or the medians of public rights-of-way as a public
forum or a limited public forum, and it is reasonable to restrict
messages there to those of a Town-wide, public nature. Authorization
may be subject to VDOT approval.
B.
Banners shall meet the following criteria:
(1)
Banners over a right-of-way shall not exceed 120 square feet
in area and shall have a minimum street clearance of 17 feet over
grade.
(2)
The person granted permission to display a banner over the public
right-of-way or in a public median shall reimburse the Town for the
reasonable and customary cost for the erection and removal of the
banner and shall deposit with the Town an amount equal to that cost
prior to the erection of the banner. The Town Manager shall determine
the cost to erect and remove the banner, using the cost of labor,
materials, and equipment. Only Town forces shall erect and remove
banners.
(3)
Banners shall have reinforced eyelets in each corner and a continuous
reinforced border around the perimeter of the banner.
(4)
Air vents shall be provided in each banner to allow air to pass
through the banner.
Freestanding group identification signs announcing the names
of churches, social organizations, and the time and place of meetings
of civic clubs shall be permitted at the major entrances to Hillsville.
Additionally, freestanding identification signs announcing the name
of the Town of Hillsville, or governmental purpose, may also be permitted
at the major entrances to the Town. Such freestanding monument signs
shall not exceed 20 feet in height or 50 square feet in area. Any
such sign shall require a sign permit. Groupings of signs along the
major entrance routes to the Town shall be designed as an integrated
unit, where possible, and shall be landscaped. These signs may be
located within a public right-of-way, provided that approval is granted
by the Zoning Administrator and/or VDOT.
A.
Application and permit.
(1)
No person shall erect, install, alter, modify, reface, rehang
or replace any sign within the Town, without obtaining a permit pursuant
to this article, a business license from the Town and provided that
a permit shall not be required for the performance of regular maintenance.
(2)
An application for such a permit shall specify the type of sign
to be constructed and the zoning district in which this sign is to
be located and shall be accompanied by plans including a sketch of
the property indicating the lot frontage. The application shall also
indicate the square footage and location of all existing signs on
the property, and the area, size, structure, design, location, lighting,
and materials for the sign. Also, the application shall contain photographs
and sizes of all existing signs on the building or parcel and the
written consent of the owner or lessee of the land or building upon
which the sign is to be erected.
(3)
Applications for sign permits shall be submitted to the Administrator
and shall be accompanied by the required application fee, as set forth
within the most recent zoning fee schedule approved by Town Council.
(a)
For new construction within any of the Town's old and historic
districts and entrance corridors, such permit shall take the form
of a certificate of appropriateness issued by the Board of Architectural
Review or the Zoning Administrator.
(b)
Within all other districts, the required permit shall be issued
by the Zoning Administrator. No permit shall be issued by the Zoning
Administrator except upon a determination that a proposed sign is
in conformity with the requirements of this article and, where applicable,
in conformity with the requirements of an approved site plan for the
property upon which the sign is to be placed. Appeals from decisions
of the Zoning Administrator shall be taken to the Town's Board
of Zoning Appeals.
(4)
A nonrefundable sign permit fee is due and payable with the
filing of a sign permit application. More than one sign on one building
or group of buildings located on the same parcel of land may be included
on one application, provided that all such signs be applied for at
one time.
(5)
After the issuance of an approved sign permit, the applicant
may install and display any such sign or signs approved. Once installed,
the Administrator may inspect the sign(s) for conformance with the
approved sign permit and this chapter.
(6)
Any sign permit issued shall be null and void if any sign for
which the permit was issued is not installed in accordance with the
permit within six months of the date the permit was approved.
(7)
A sign permit shall become null and void if the use to which
it pertains is not commenced within six months after the date the
sign permit is issued. Upon written request and for good cause shown,
the Zoning Administrator may grant one six-month extension.
(8)
The Zoning Administrator shall revoke a sign permit if the sign
does not comply with applicable regulations of this article.
B.
Fee. A fee of $1 per square foot of sign area with a minimum of $15
shall accompany each application for a sign permit and shall be payable
to the Town of Hillsville.
C.
Maintenance. The owner of any sign shall be required to keep such
sign properly maintained at all times in accordance with the following
standards:
(1)
All materials used in the sign shall be kept in good condition,
free of holes, rotting, peeling paint and other forms of decay.
(2)
If the sign is illuminated, all lighting shall be maintained
in working order and meet the standards set forth in the Virginia
Uniform Statewide Building Code, as amended.
D.
Removal of signs. Any sign that is hereafter unlawfully installed
or maintained, presents a hazard to the public and any nonconforming
sign (other than billboards) associated with premises that have been
vacant for two years or more shall be taken down and removed by the
owner, owner's agent or other person having the beneficial use
of the premises upon which such sign is found, within 30 days after
written notification to do so from the Zoning Administrator. Upon
failure to comply with such notice within the time specified, the
Zoning Administrator may cause the removal of such sign; thereafter,
any expenses incident to such removal shall be paid by the owner,
owner's agent or other person having the beneficial use of the
premises from which the sign was removed.
(1)
The Zoning Administrator shall have the authority to order the
removal, without compensation, of any sign or sign structure that,
due to neglect or damage, poses a clear danger to the health, safety
and welfare of the public.
(2)
In lieu of removal, the Zoning Administrator may require the
immediate repair of any sign or sign structure which has been damaged
or which has deteriorated so as to become a public hazard.
