[1-3-2023 by Ord. No. 2023.01.03]
(a) 
These sign regulations are intended to define, permit, and control the size, material, location, and condition of signs in a manner that as its first priority protects those who travel in and through the Town. Town Council has adopted these regulations in order to achieve the following community goals and objectives:
(1) 
Protect the health, safety, and welfare of the public.
(2) 
Equitably distribute the privilege of using the public environs to communicate private information.
(3) 
Safeguard the public use and nature of the streets and sidewalks.
(4) 
Protect and enhance the visual environment of the Town.
(5) 
Discourage the diminishing of property values in the Town.
(6) 
Minimize visual distractions to motorists using the public streets.
(7) 
Promote the economic growth of the Town by creating a community image that is conducive to attracting new business and industrial development.
(8) 
Permit reasonable effectiveness of signs and to prevent their over-concentration, improper placement and excessive height, bulk, density, and area.
(9) 
Promote the safety of persons and property by requiring that signs not create a hazard due to collapse, fire, decay, or abandonment.
(10) 
Ensure that signs do not obstruct firefighting efforts or create traffic hazards by confusing or distracting motorists or by impairing drivers' ability to see pedestrians, obstacles, other vehicles, or traffic signs.
(11) 
Promote commerce and trade, with recognition of the effects of signage on the character of the community.
(b) 
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.
[1-3-2023 by Ord. No. 2023.01.03]
(a) 
Interpretation, conflict, and severability.
(1) 
The regulations set forth in this article shall apply to all new signs, replacement signs, and their modification(s) established after the effective date of this chapter.
(2) 
Signs not expressly permitted are prohibited.
(3) 
Signs containing noncommercial speech are permitted anywhere that advertising or business signs are permitted, subject to the same regulations of such signs.
(4) 
This article shall be interpreted in a manner consistent with the First Amendment guarantee of free speech.
(5) 
Where this article differs in any manner from the provisions of the Virginia Uniform Statewide Building Code,[1] 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.
[1]
Editor's Note: See Code of Virginia, § 36-97 et seq.
(6) 
Should any article, section, subsection, sentence, clause, or phrase of this chapter, for any reason, be held unconstitutional or invalid, such decision or holding shall not affect the validity of the remaining portions hereof. It being the intent of the Town of Abingdon to enact each section and portion thereof, individually, and each such section shall stand alone, if necessary, and be in force regardless of the determined invalidity of any other section or provision.
(b) 
Application and permit.
(1) 
Sign permit required.
a. 
No sign shall be erected, installed, altered, modified, refaced, rehung, or replaced without obtaining a permit pursuant to this article, except as otherwise provided in this article. Signs within the Town's Old and Historic District shall conform to the requirements of such district and require a certificate of appropriateness issued by the Historic Preservation Review Board (HPRB).
b. 
For signs within the Town's Entrance Corridor, such permit shall conform to the requirements of such district and require certificate of appropriateness issued by the Planning Commission.
c. 
No permit shall be issued by the 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 Administrator shall be taken to the Town's Board of Zoning Appeals.
d. 
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 are applied for at one time.
e. 
After the issuance of an approved sign permit, the applicant may install and display the approved sign(s). Once installed, the Administrator may inspect the sign(s) for conformance with the approved sign permit and this chapter.
(2) 
An application for such a permit shall:
a. 
Specify the type of sign to be constructed and the zoning district in which this sign is to be located.
b. 
Be accompanied with plans including a sketch of the property indicating the lot frontage.
c. 
Indicate the square footage and location of all existing signs on the property.
d. 
The area, size, structure, design, location, lighting, and materials for the sign.
e. 
Contain written consent of the owner or lessee of the land or building upon which the sign is to be erected.
(3) 
Fee required.
a. 
Applications for sign permits shall be submitted to the Administrator, and shall be accompanied by the required fee, as set forth within the uncodified fee schedule adopted by Town Council.
(4) 
Duration and revocation of permit.
a. 
Any sign permit 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 of approval.
b. 
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 Administrator may grant one six-month extension.
c. 
Whenever the use of a building or land is discontinued by the specific business, the sign permit shall expire and all signs pertaining to that business shall be removed by the property owner within 30 calendar days of the discontinuance.
d. 
The Administrator shall revoke a sign permit if the sign does not comply with applicable regulations of this article, building code, or other applicable law, regulation, or ordinance.
(c) 
Special exceptions.
(1) 
Comprehensive sign plan.
a. 
Special exceptions to this article may be granted in B, M, and PTD Districts as a comprehensive sign plan approved by special use permit. Special exceptions to the maximum height requirements in this article shall not be permitted.
b. 
The comprehensive sign plan is intended to promote consistency among signs within a development and enhance the compatibility of signs with the architectural and site design features within a development.
(2) 
Contents of plan.
a. 
A comprehensive sign plan, which may be a written document or drawings adequate to depict the proposed signs, shall include:
1. 
The proposed general locations for freestanding signs on a lot as well as the proposed location(s) for building signs on a building facade.
2. 
Types of signs proposed.
3. 
A listing of materials proposed for all sign structures and sign surfaces.
4. 
The maximum number and maximum size of proposed signs.
5. 
The type of illumination, if any, proposed for all signs, including whether internally illuminated or external illuminated and describing the type of light fixture proposed.
6. 
A description of any ornamental structure upon which a sign face is proposed to be placed.
(3) 
Amendment of plan.
a. 
A comprehensive sign plan may be amended by submitting a revised comprehensive sign plan for consideration and determination through the special use permit process. Upon approval, the amended plan shall have the same force and effect as an approved comprehensive sign plan.
[1-3-2023 by Ord. No. 2023.01.03]
(a) 
Signs not requiring permit.
[Amended 11-13-2023 by Ord. No. 2023.11.13]
(1) 
The following signs are allowed and do not require a permit:
a. 
Signs erected by the Town of Abingdon or required by law, including official traffic signs, wayfinding and topic specific signs, provisional warning signs, or sign structures, and temporary signs indicating danger.
b. 
Creeper Trail signage.
i. 
Trailhead signage shall serve as a welcome point at the trailheads managed by the Town of Abingdon. Signage can vary in size and message but should be compatible with other trailhead signage along the trail.
ii. 
Trail kiosks. Trail kiosks along the trail should be consistent in nature, including but not limited to map for location, rules and regulations, and both emergency and nonemergency contact numbers for the Town of Abingdon.
iii. 
Mile marker signage. Work with partners on the trail (Damascus and the Forest Service) to provide a consistent mile marker system and signage. Utilizing GPS/GIS mapping to pinpoint markers will allow for easier location during emergencies.
c. 
Roadway and safety signage.
d. 
Wayfinding signage. The Town of Abingdon shall support tourist destinations, outdoor recreation, emergency management and other points of interest through a Master Wayfinding Plan.
e. 
Memorial plaques and building cornerstones not exceeding six square feet in area and cut or carved into a masonry surface or other noncombustible material and made an integral part of the building or structure.
f. 
On a property under construction or renovation, for sale, or for rent temporary signs not exceeding four square feet for single-family detached properties or 18 square feet for all other residential, nonresidential, or mixed-use properties.
g. 
Window signs on the interior of the window otherwise known as "hours of operation" signage.
[Amended 11-13-2023 by Ord. No. 2023.11.13]
h. 
Signs displayed on an operable 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.
i. 
House number, mailbox number, decorative yard signage.
j. 
Signs affixed to the interior of a permanent fence of a recreational or sports facility. Such signs shall be displayed only during the regular season of the individual sport.
k. 
Yard sale signs. Must be removed upon the completion of the sale/permit.
[1-3-2023 by Ord. No. 2023.01.03]
Prohibited signs.
(1) 
Any sign affixed to, hung, placed, or painted on any other sign, fence, cliff, rock, tree, natural feature, public utility pole or structure supporting wire, cable, or pipe, or radio, 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.
(2) 
Any sign or banner within or across a public right-of-way, unless specifically approved by the Town Manager, or his designee.
(3) 
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.
(4) 
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 Town official as a nuisance.
(5) 
Lighted window signage. This applies to all window signage whether located on the outside or inside of a window except for hours of operation signage.
[Amended 11-13-2023 by Ord. No. 2023.11.13]
(6) 
Signs attached, painted, or mounted to unlicensed, inoperative, or generally stationary vehicles. Vehicles and trailers shall not be used primarily as static displays, advertising a business, product or service, nor utilized as storage, shelter, or distribution points for commercial products or services for the general public.
(7) 
Signs on the roof surface or extending above the roofline of a structure, building, or parapet wall.
(8) 
Off-premise signs, unless specifically permitted by this chapter.
(9) 
Any flashing sign, except those officially erected for safety purposes.
(10) 
Signs that emit sound, smoke, flame, scent, mist, aerosol, liquid, fluorescent colors, or gas.
(11) 
Signs commonly referred to as wind signs, consisting of one or more banners, pennants, ribbons, spinners, streamers or captive balloons, or other devises fastened in such a manner as to move upon being subjected to pressure by wind, and including inflatable signs.
(12) 
Signs that violate any provision of any federal or state law relative to outdoor advertising.
(13) 
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 Code of Virginia.
[1-3-2023 by Ord. No. 2023.01.03; amended 12-2-2024 by Ord. No. 2024.12.02A]
(a) 
Standards.
(1) 
Any sign displayed in the Town of Abingdon, shall comply with:
a. 
All provisions of this article;
b. 
All applicable provisions of the Uniform Statewide Building Code and all amendments thereto;[1]
[1]
Editor's Note: See Code of Virginia, § 36-97 et seq.
c. 
All state and federal regulations pertaining to the display of signage;
d. 
Sign area calculations.
(2) 
The following method shall be utilized in the calculations of sign area:
a. 
The sign area permitted under this article is determined by measuring the entire face of the sign including any wall work incidental to its decoration but excluding support elements for the sole purpose of supporting the sign.
b. 
For signs that are regular polygons or circles, the area shall be calculated by the mathematical formula for that polygon or circle. For signs that are not regular polygons or circles, the sign area shall be calculated using the area within up to three rectangles that enclose the sign face.
c. 
The surface area of any sign made up only of individual letters or figures shall include the space between such letters or figures.
d. 
Whenever one sign contains information on both sides, sign area shall be calculated based on the largest sign face. Sides are not totaled.
(b) 
Minimum setback. The minimum setback from any right-of-way, unless otherwise specified, is half the height of the sign.
(c) 
Illumination.
(1) 
All permitted signs may be indirectly lighted. Nonresidential signs within a residential district may be illuminated as outlined in Section 8-4-6. Signs within a business or industrial district may be internally lighted, unless such lighting is specifically prohibited in this article.
(2) 
No sign shall be illuminated in such a way that light may shine into oncoming traffic, affect highway safety, or shine directly into a residential dwelling unit zoned.[2]
[2]
Editor's Note: So in original.
(3) 
Any electrical sign shall display the required UL, ETL, CSA, or ULC label.
(4) 
Illumination shall be no greater than 10,000 nits or footcandles from sunrise to sunset or 700 nits or footcandles from sunset to sunrise and be equipped with automatic brightness control which can dim the display brightness when ambient conditions exist.
(5) 
Electronic service lines shall be underground.
(d) 
Changeable signs.
(1) 
Within any business or industrial district, unless located within the Entrance Corridor Overlay District between Porterfield Highway and Cummings Street (digital signs prohibited), one freestanding or wall-mounted sign per lot may be replaced with a digital or manual changeable message sign subject to the following requirements:
a. 
Location, area, and height, requirements shall be the same as for freestanding or wall signs.
b. 
The message shall not be changed more than once every 12 seconds, move, flash, or display animation, as prohibited in this article.
c. 
Any changeable message sign that malfunctions, fails, or ceases to operate in its usual or normal programmed manner, thereby causing motion, movement, flashing or any other similar effects, shall be repaired, covered, or disconnected by the owner or operator of such sign within 24 hours of notice of violation.
d. 
A photometric plan is required to verify the digital changeable sign's light does not exceed 0.3 footcandles over ambient light.
e. 
Existing nonconforming billboards cannot be converted to changeable signs.
f. 
Existing digital changeable signs within the Entrance Corridor Overlay District may be replaced with an identical size digital changeable sign.
(e) 
Projecting signs.
(1) 
Signs projecting over public walkways shall be a minimum height of eight feet from grade level to the bottom of the sign.
(2) 
Projecting signs shall not extend more than six feet beyond the face of the building or beyond a vertical plane two feet inside the curbline.
(3) 
Signs, architectural projections, or sign structures projecting over vehicular access areas must conform to the minimum height clearance limitations imposed by the Town for such areas.
(f) 
Temporary signs.
(1) 
Each temporary sign shall be maintained in good, safe condition, securely affixed to a building or the ground.
(2) 
A temporary sign shall not be illuminated.
(3) 
A temporary sign permit shall be applied for and approval obtained prior to the installation of all temporary signs, pennants and streamers.
(4) 
Temporary sign permits shall be issued for no more than 30 days per quarter.
(5) 
Individual homeowners cannot advertise for businesses or events as that is considered off-premise signage.
(6) 
Portable signs subject to the dimension requirements in this article and provided they in no way obstruct vehicular travel, public parking and/or pedestrian movement along sidewalks and are removed when the establishment is closed for business, must apply for and obtain approval of a sidewalk encroachment permit if applicable.
(7) 
Residential parcels. Temporary signage shall be permitted on residential parcels for off-premise advertising, granted they comply with the temporary sign square footage and duration.
a. 
No permitting is required.
b. 
Temporary off-premise signage is not to exceed 32 square feet.
c. 
Signs shall be allowed no more than 14 days prior to the event and no more than three days after its termination.
(8) 
Construction sites. Signs shall be permitted beginning when permits are issued for site preparation or construction and for the duration of actual construction and shall be removed within 15 days following the issuance of a certificate of occupancy, completion or abandonment of work, whichever occurs first.
a. 
Such signs shall not exceed an area of 16 square feet and a height of six feet.
b. 
Each sign shall be at least 20 feet from contiguous property lines of adjacent landowners and at least five feet from any right-of-way.
c. 
Only one sign per street frontage shall be allowed.
d. 
Temporary signage may include off-premise information.
(g) 
Minor signs.
(1) 
Entrance/exit and on-site directional signs cannot have any association with a business.
(2) 
Only one entrance and exit sign may be permitted at the connection of the street and driveway.
[1-3-2023 by Ord. No. 2023.01.03; amended 11-13-2023 by Ord. No. 2023.11.13; 12-2-2024 by Ord. No. 2024.12.02A]
(a) 
District regulations.
(1) 
The following requirements shall apply in the designated district, as appropriate, to permitted uses by right and special uses as may be permitted, subject to all other requirements of this chapter.
(2) 
Sign area square footage limits are provided per sign unless specified as a total. Total area is calculated as an aggregate of all signs of that type.
Table 8.4.6(A) Maximum Sign Dimensions: AFOS District
[Amended 11-13-2023 by Ord. No. 2023.11.13]
Sign Type
Residential Uses
Nonresidential Uses and Neighborhood Signs
Number
Area
Height
Number
Area
Height
1.
Freestanding
Not permitted
N/A
N/A
1 per street frontage
25 square feet
15 feet
2.
Wall
Not permitted
N/A
N/A
1 per street frontage
25 square feet
N/A
3.
Minor
1 per street frontage
3 square feet
N/A
Not limited
3 square feet
N/A
4.
Portable
Not permitted
N/A
N/A
1 per street frontage
6 square feet
4 feet
5.
Temporary
Not limited
32 square feet total
4 feet
Not limited
32 square feet total
4 feet
6.
Internally illuminated
Not permitted
N/A
N/A
Not permitted
N/A
N/A
7.
Window signage
Not permitted
N/A
N/A
Not permitted
N/A
N/A
Table 8.4.6(B) Maximum Sign Dimensions: R-1, R-2, R-3, R-4 Residential Districts
[Amended 11-13-2023 by Ord. No. 2023.11.13]
Sign Type
Residential Uses
Nonresidential Uses and Neighborhood Signs
Number
Area
Height
Number
Area
Height
1.
Freestanding
Not permitted
N/A
N/A
1 per street frontage, shall be monument only
16 square feet
6 feet
2.
Wall
Not permitted
N/A
N/A
1 per street frontage
16 square feet
N/A
3.
Minor
1 per street frontage
3 square feet
N/A
Not limited
3 square feet
N/A
4.
Portable
Not permitted
N/A
N/A
1 per street frontage
6 square feet
4 feet
5.
Temporary
Not limited
32 square feet total
4 feet
Not limited
64 square feet total
4 feet
6.
Internally illuminated
Not permitted
N/A
N/A
Not permitted, except for churches, residential care facilities, apartment complexes, and townhouses*
N/A
N/A
7.
Window Signage
Not permitted
N/A
N/A
Not permitted
N/A
N/A
Table 8.4.6(C) Maximum Sign Dimensions: B-1, B-2, B-3, M-1, OI, and PTD Districts
[Amended 11-13-2023 by Ord. No. 2023.11.13]
Sign Type
Number
Area
Height
1.
Freestanding
1 per street frontage
60 square feet, except 200 square feet allowed within 660 feet of I-81
15 feet, except 50 feet allowed within 660 feet of I-81
2.
Projecting
1 per business per street frontage
12 square feet
See Section 8-4-5
3.
Wall
1 per business per street frontage
Front: 2 square feet for every 1 LF of building face on which the sign is located; side and rear: 1 square feet for every 1 LF of building face on which the sign is located
N/A
4.
Canopy
1 per street frontage
0.5 square feet per LF of canopy fascia on which the sign is mounted
Sign shall not extend above or be suspended below the horizontal plane of the canopy fascia
5.
Portable
1 per business
12 square feet
4 feet
6.
Temporary
Not limited
32 square feet total
4 feet
7.
Minor
Not limited
3 square feet
4 feet
8.
Window Signage
10% square feet of total area of all windows on each building façade
N/A
Window signs are permitted only on the first floor of a building unless the business advertised is only on the floor where the window sign is displayed.
(b) 
Old and Historic District.
(1) 
Signs within the Old and Historic District shall be subject to the Town of Abingdon Design Review Guidelines for the Old and Historic District, as amended, and require a certificate of appropriateness by the Historic Preservation Review Board (HPRB).
(2) 
The HPRB may approve the attachment or suspension of a sign from an existing freestanding or projecting sign or, in the case of a building on a site with more than one street frontage or more than one principal entrance, one additional freestanding or projecting sign per additional street frontage or principal entrance, if the HPRB determines that such an arrangement is in keeping with the architectural character of the property.
(3) 
Window signage seen from a public right-of-way is not allowed without HPRB approval.
(4) 
Temporary signage is allowed with staff approval with a maximum size of 12 square feet in area.
(5) 
Sandwich board signs are allowed without HPRB approval.
[1-3-2023 by Ord. No. 2023.01.03]
(a) 
Nonconforming signs.
(1) 
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 legally nonconforming 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:
a. 
A nonconforming sign shall not be enlarged nor shall any feature of a nonconforming sign, including but not limited to illumination, be increased.
b. 
A nonconforming sign shall not be moved for any distance on the same lot or to any other lot unless such change in location will make the sign meet all current requirements of this article.
c. 
A nonconforming sign that is destroyed or damaged by any casualty to an extent not exceeding 50% of its sign area may be restored within two years after such destruction or damage but shall not be enlarged in any manner. If such sign is destroyed or damaged to an extent exceeding 50%, it shall not be reconstructed but may be replaced with a sign that meets all current requirements of this article.
(b) 
Exemption for certain existing signs.
(1) 
Notwithstanding any contrary provision in this chapter, no nonconforming sign is required to be removed solely by the passage of time.
[1-3-2023 by Ord. No. 2023.01.03]
(a) 
Maintenance, repair, and removal.
(1) 
Every sign permitted by this chapter shall be kept in good condition and repair. When any sign becomes insecure, in danger of falling or is otherwise deemed unsafe by the 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 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 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.
(2) 
If a sign presents an imminent and immediate threat to life or property, then an authorized Town official may abate, raze, or remove it, and the Town may bring an action against the responsible party to recover the necessary costs incurred for abating, razing, or removing the sign.
(b) 
Removal of abandoned signs.
(1) 
A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises. If the owner or lessee fails to remove such sign, the Administrator shall give the owner 30 days' written notice to remove it. Upon failure to comply with this notice, the Administrator or his duly authorized representative may remove the sign at cost to the property owner.