A.
Signs can obstruct views, distract motorists, displace alternative
uses for land, and pose other problems that legitimately call for
regulation. 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
and in a manner consistent with the City's Comprehensive Plan. 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 under this article,
by specific requirements in another portion of this chapter, or otherwise
expressly allowed by the City, are forbidden.
C.
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.
A.
Permit required. Except when otherwise exempted by this article,
no sign shall be erected, constructed, posted, painted, altered, or
relocated, unless and until a zoning permit has been issued by the
Zoning Administrator and where provided for in this article, subsequent
to an approval of a certificate of appropriateness by the Architectural
Review Board (ARB), where applicable, or by the Planning Commission,
where applicable.
[Amended 3-21-2019 by Ord. No. 2019-04]
B.
Permit process. Before any zoning permit is issued, the applicant
shall submit to the administrator a sign permit application and an
application for certificate of appropriateness when applicable provided
by the administrator, together with drawings and/or specifications
as may be necessary to fully advise and acquaint the administrator
with the location, construction, materials, manner of illuminating
and/or securing or fastening, and number of signs applied for, and
the style of the wording of the sign or advertisement to be carried
on the sign.
C.
Application. The permit application shall contain the location of
the sign structure, the name and address of the sign owner and of
the sign erector, a drawing showing the design and location of the
sign, and such other pertinent information as the Building Official
may require to ensure compliance with this chapter or other ordinances
of the City.
D.
Fees. Fees for sign permits shall be as fixed from time to time by
the governing body of the City.
E.
Building codes and inspections. Structural and safety features and
electrical systems shall be in accordance with the requirements of
applicable codes and ordinances. No sign shall be approved for use
unless it has been inspected by the department issuing the permit
and is found to be in compliance with all the requirements of this
chapter and applicable technical codes. All signs which are electrically
illuminated shall require a separate electrical permit and inspection.
F.
General permit application requirements. Submission requirements
for architectural review board sign guidelines as set forth in the
Historic District Design Guidelines adopted by the City Council, as
amended, shall be followed for selecting the type of sign, location,
colors, lettering style, materials and type of illumination (if applicable).
Sign permit applications also require:
(1)
An application for a certificate of appropriateness, as applicable.
(2)
A plan showing location of existing and proposed sign(s) on
building facade(s) or grounds and exterior dimensions of buildings
subject to the sign permit.
(3)
Scaled drawings showing dimensions, scale, and elevation of
proposed sign(s) to include specific materials, hardware, and methods
of mounting and illumination.
G.
All signs shall be erected within six months from the date of approval
of the sign permit; otherwise, the permit shall become null and void
and a new permit shall be required. The Zoning Administrator may grant
one extension of the permit for a period of six months, but in no
case shall a permit be valid for more than a total of 12 months. Extensions
may be granted only when the proposed sign is in compliance with all
current applicable regulations.
Sign permits shall not be required for the following signs;
however, all applicable regulations of this chapter shall apply.
A.
Signs erected by a governmental body or required by law, including
official traffic signs or sign structures, provisional warning signs
or sign structures, and temporary signs indicating danger.
B.
Minor signs as defined by this article not exceeding three total
signs per street frontage per parcel.
C.
Change of message of an approved sign.
D.
Painting, repainting, cleaning and other normal maintenance and repair
of signs or sign structures, unless a structural change is made.
E.
Temporary signs as set forth in this section, including real estate
signs, contractor signs, and special event signs.
F.
A sign displayed on a truck, bus or other vehicle while in use in
the normal course of business with the exception of mobile billboards
that are prohibited.
G.
Flags of the United States of America, Commonwealth of Virginia,
City of Lexington, or other flags displayed for noncommercial purposes.
H.
Any property actively offered for sale or lease may display one sign
per street frontage in addition to those otherwise allowed by this
article, limited to a maximum area of 16 square feet for parcels in
commercial zoning districts (R-LC, C-1, and C-2) and eight square
feet in all other zoning districts. Such signs shall to be removed
when the property is no longer offered for sale or lease and shall
not be banner type signs.
The following signs are prohibited:
A.
Flashing signs or signs lighted in a varying degree, including strobe
lights.
B.
Moving or rotating signs.
C.
Off-premises signs.
D.
Inflatable signs.
E.
Signs or parts of a sign located anywhere on the roof or wall of
a building so that they shall extend above or beyond the perimeter
of the building's roof, wall or parapet wall or into a front, side
or rear yard setback.
F.
Signs illuminated with sodium halide lights; and any illuminated
sign that emits excessive levels of light in the opinion of the Zoning
Administrator.
G.
Electronic message boards.
H.
Abandoned sign structures.
I.
Changeable-copy signs, except as specifically permitted by this Zoning
chapter.
J.
Any signs, including posters and handbills, affixed to any structures,
trees or other natural vegetation, rocks or poles.
K.
Any sign that may be confused with or obstruct the view of any authorized
traffic sign or signal, or obstruct the sight-distance triangle at
any road intersection, or extend into the public right-of-way or otherwise
create a distraction for drivers.
L.
Portable signs, including those on wheels, except A-frame/sandwich
boards complying with the provisions of this section.
M.
Signs that prevent free ingress or egress from any door, window,
fire escape, or that prevent free access from one part of a roof to
any other part or otherwise adversely affect safety or are in violation
of any building code or other applicable law.
N.
Signs that emit smoke, visible vapors, particles, normally detectable
sound or odor shall not be permitted, including open flames used to
attract public attention.
O.
Mirrors or mirror devices on, in, or as part of a sign.
P.
Signs placed, affixed or painted on a motor vehicle or trailer parked
with the primary purpose of providing signage, and not used in the
normal conduct of business.
Q.
Signs located in the public right-of-way, unless approved and erected
by the City of Lexington.
R.
Mobile billboards.
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.
Signs advertising activities or products that are illegal under federal,
state, City or county law.
A.
Any business located within a C-1 Zoning District shall be limited
to displaying no greater than one square foot of signage per foot
of business frontage, and in no case shall any business display greater
than 30 square feet of signage per building street frontage. Individual
signs shall be limited in their size and placement according to the
following regulations:
|
Maximum Sign Dimensions: C-1 Zoning District
| |||
|---|---|---|---|
|
Sign Type
|
Number
|
Area
(square feet)
|
Height
(feet)
|
|
Window
|
Not limited
|
Lesser of 20% of window area or 6 square feet
|
Not limited
|
|
Freestanding
|
1 per business
|
9 per side for buildings < 30 feet frontage; 15 per side
for buildings > 30 feet frontage
|
8
|
|
Projecting
|
1 per business per street frontage
|
9 per side for buildings < 30 feet frontage; 15 per side
for buildings > 30 feet frontage
|
No less than 8, and 15 feet maximum above grade level
|
|
Wall
|
1 per business per street frontage
|
15
|
15 feet maximum above grade level
|
|
Canopy
|
Permitted
|
Letters not more than 6 inches high
|
No less than 8
|
|
Internally illuminated
|
Not permitted except one neon window sign not more than 3 sq.
ft.1
|
N/A
|
N/A
|
|
A-frame
|
1 per 30 feet of frontage
|
6 per side
|
4
|
|
Painted
|
1 on side or rear wall
|
Shall not exceed 10% of that wall area
|
As per other standards
|
|
Temporary (freestanding, banner, or wall only)2
|
Not limited
|
8
|
4
|
|
NOTES:
| |
|
1
|
Such signs shall not flash and shall be "on" only during posted
hours of business.
|
|
2
|
Temporary signs shall not count toward sign allotment for each
business.
|
B.
A building owner may allocate up to 15 square feet of the building's
available signage to each business occupant located in an upper story,
basement or interior space not sharing the building face.
[Amended 7-1-2021 by Ord. No. 2021-05]
Any business located within a C-2 Zoning District shall be limited
to displaying no greater than two square feet of signage per foot
of business frontage, and in no case shall any business display greater
than 100 square feet of signage per building street frontage. Individual
signs shall be limited in their size and placement according to the
following regulations:
|
Maximum Sign Dimensions: C-2 Zoning District
| |||
|---|---|---|---|
|
Sign Type
|
Number
|
Area
(square feet)
|
Height
(feet)
|
|
Window
|
Not limited
|
Lesser of 20% of window area or 6 square feet
|
Not limited
|
|
Freestanding
|
1 per street frontage, limit 2 per lot
|
25
|
15
|
|
Projecting
|
1 per business per street frontage
|
12
|
No less than 9
|
|
Wall
|
1 per business per street frontage
|
1 for each lineal foot of building frontage, with 32 minimum
area and 100 maximum area
|
15 feet maximum above grade level
|
|
Canopy
|
Permitted
|
Letters not more than 12 inches high
|
No less than 9
|
|
Internally illuminated
|
Permitted
|
N/A
|
N/A
|
|
A-frame
|
1 per 30 feet of frontage
|
6 per side
|
4
|
|
Painted
|
1 on side or rear wall
|
Shall not exceed 15% of that wall area
|
As per other standards
|
|
Temporary (freestanding banner, or wall only)1
|
Not limited
|
8
|
4
|
|
NOTES:
| |
|
1
|
Temporary signs shall not count toward sign allotment for each
business.
|
Signs located in the R-1, R-2, R-M, or R-LC Zoning District
shall be limited in their size and placement according to the following
regulations:
|
Maximum Sign Dimensions: Residential Zoning Districts
(R-1, R-2, R-M, R-LC)
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
Residential Uses
|
Residential Projects1
|
Nonresidential Uses
| |||||||
|
Sign Type
|
Number
|
Area
(square feet)
|
Height
(feet)
|
Number
|
Area
(square feet)
|
Height
(feet)
|
Number
|
Area
(square feet)
|
Height
(feet)
|
|
Freestanding signs
|
1 per lot
|
2
|
4
|
1 per site entrance
|
16
|
4
|
1 per separate road frontage
|
16
|
5
|
|
Wall signs
|
1 per lot
|
2
|
N/A
|
1 per street frontage
|
16
|
N/A
|
1 per separate road frontage
|
16
|
12
|
|
NOTES:
| |
|
1
|
Includes subdivisions, multifamily buildings, and other types
of residential projects built as a unified development.
|
[Added 3-21-2019 by Ord. No. 2019-04]
A.
Temporary signs may be erected or constructed without a permit in
all zoning districts; however, all applicable code requirements in
this chapter shall still apply.
B.
Temporary Signs in Commercial Zoning Districts (C-1 and C-2). These
signs shall be either freestanding signs, wall signs, window signs,
or banner signs, and may be displayed for up to 45 consecutive days.
The Zoning Administrator may extend the time limit by up to 45 days
upon application by the owner at the end of the initial forty-five-day
period, if the applicant shows that the sign is maintained in sound
condition and the purpose for it still pertains. Temporary freestanding
signs, wall signs, banner signs shall not exceed one sign per location,
nor eight square feet in area and four feet in height. Temporary window
signs shall not obstruct more than 20% of the area of the window on
which the sign is located.
[Amended 3-21-2019 by Ord. No. 2019-04]
C.
A-frame signs in Commercial Zoning Districts (C-1 and C-2). These signs must not be more than an aggregate of 12 square feet or less in a sandwich board design as defined herein. The sign may only be displayed during business hours. The placement of the sign shall not impede pedestrian, wheelchair, or vehicular traffic flow. Signs must be placed to maintain at least four feet of clear passage between the edge of the sign and the curb and should not otherwise compromise public safety. Only one such sign is permitted per business, or one sign per 30 linear feet of sidewalk, whichever is more restrictive. A-frame signs may be displayed on a daily basis and are not limited to the time constraints in Subsection B listed above.
D.
Temporary signs in Residential Zoning Districts. These signs shall
be either freestanding signs, wall signs, window signs or banner signs.
Temporary signs shall not exceed 16 square feet in area total per
property. No sign shall exceed six feet in height, except window signs.
Window signs shall not obstruct more than 25% of the total area of
all windows on each building facade on the property.
A.
Sign area computations.
(1)
The surface area of any sign 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
whose sole purpose and function is to support the sign, except as
noted below.
(2)
The surface area of any sign made up only of individual letters
or figures shall include the space between such letters or figures.
(3)
Whenever one sign contains information on both sides, one side
only shall be used in computing the surface area of the sign.
B.
Placement of signs. Signs shall be placed so they do not obstruct
vehicles, pedestrians, or the signs of adjacent businesses and so
that they follow architectural review board placement guidelines.
C.
Materials, colors, and styles. The materials, colors, and styles
of non-temporary signs located within approved historic districts
are subject to the approval of the architectural review board in accordance
with any applicable design guidelines adopted by the City Council.
D.
Lighting. 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 R-1, R-2, or R-M.
E.
Substitution. Wherever this article permits a sign with commercial
content, noncommercial content is also permitted subject to the same
requirements of size, color, illumination, movement, materials, location,
height and construction.
All signs shall be maintained in good condition and remain structurally
safe. Any sign that has deteriorated to a state of peeling, cracking,
splitting, fading or rusting, is in violation of this article and
subject to enforcement.
A.
Any sign lawfully in existence on the date of enactment of this chapter
may be maintained even though it does not conform with the provisions
of this article.
B.
No nonconforming sign may be enlarged or altered in such a manner as to expand the nonconformity, nor may illumination be added to any nonconforming sign, except as provided in § 420-13.9D.
C.
A nonconforming sign may not be moved or replaced except to bring
the sign into complete conformity with this article.
D.
A nonconforming sign destroyed by any cause may not be repaired,
reconstructed or replaced except in conformity with this article.
For the purposes of this section, a nonconforming sign is destroyed
if damaged to an extent that the cost of repairing the sign to its
former condition or replacing it with an equivalent sign equals or
exceeds 50% of the appraised value of the sign so damaged.
E.
The message of a nonconforming sign may be changed so long as this
does not create any new nonconformities.
F.
A preexisting sign must be removed if the structure, building or
use to which it is accessory is destroyed, or demolished to an extent
exceeding 50% of the appraised value of the principal structure, building
or use.
A.
Violations. Violations of this article constitute violations of the
Zoning Code and the City may obtain compliance through any of the
methods available for other zoning violations.
B.
Removal of signs in violation. The Zoning Administrator may order
the removal of any sign erected or maintained in violation of this
article. He shall give 30 days' notice, in writing, to the owner of
such sign or of the building, structure or premises on which such
sign is located to remove the sign or to bring it into compliance
with this article. The Zoning Administrator may remove a sign immediately
and without notice if, in his opinion, the condition of the sign is
such as to present an immediate threat to the safety of the public.
Any surface exposed by the removal of a sign shall be restored to
its original condition by the property owner and be compatible with
adjacent surfaces.
C.
Removal of abandoned signs. 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 Zoning Administrator
shall give the owner 15 days' written notice to remove it. Upon failure
to comply with this notice, the Zoning Administrator or his duly authorized
representative may remove the sign at cost to the property owner.
Any person aggrieved by any decision or order of the Zoning Administrator may appeal to the Board of Zoning Appeals by serving written notice to the Zoning Administrator, who, in turn, shall immediately transmit the notice to the Board, which shall meet to hear it within 30 days thereafter. The Zoning Administrator shall take no further action on the matter, pending the Board's decision, except concerning unsafe signs which present an immediate and serious danger to the public, as provided in § 420-13.12B.
