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19671107 1967-7 ORDrN~NCE NO. 1967-7 .... AN ORDINANCE to provide for the amendment of certain provisions of the Zoning Ordinance relating to signs. BE IT ORDAINED by the City Council of the City of Fairfax as follows: SECTION 2 Delete definitions of "sign" and "Billboards", and add the following definitions to Section 2 in alphabetical order: Billboards or poster panels Any sign or advertisement used as an an outdoor display for the purpose of making anything known, where the subject matter of the sign is not available on the premises. ShoDDing Center: Two or more commercial establishments planned or operated as a unit with off-street parking provided on the property. Sign: Any word, numeral, figure, design, trade mark, flag, pennant, twirler, light, display, or device of any kind which, either singly or in any combination, is used to direct, identify, inform, persuade, advertise, or visually attract the attention of the out of doors public. Si.qn Area: The total area in the smallest rectangle or rec- tangles, if the sign is rectangular; or the smallest convex polygon that will contain the entire sign, excluding architectural embellish- ments and supports on neither of which there is displayed any advertising material or any lighting. For projecting or double-faced signs, one (1) display face shall be measured in computing total sign area where the sign faces are parallel or where the interior angle formed by the faces is forty-five (45) degrees or less. The actual area of any exposed tubing or lighting used to outline any part of a lot, other than a sign, shall be included in any computation of sign area; provided that the area of any band of lighting (including a string of individual lights) less than one (!) foot in width, shall be computed at the rate of one (1) square foot for each one (1) foot on the length thereof. SECTION 3 SIGN FEES Delete the existing section 3.12 and add the following: See Section 7 Subsection H-5. SECTION 7 SIGNS A. INTENT It is intended by this ordinance to regulate all signs, bill- boards, and other displays or devices to direct, identify, inform, persuade, advertise or attract attention, herein called "signs," in order to promote the health, safety, morals, and general welfare of the inhabitants and property within the City. This ordinance shall not be used to limit illumination prescribed for safety purposes by the Illuminating Engineers Society. EXCLUSION FROM DEFINITION The following signs shall not be subject to regulation hereunder: 1. Signs or plates on residential structures or premises giving the name or address of the occupant, mail boxes, paper tubes and similar uses customarily associated with residential use. 2. Signs posted upon property relating to private parking or warning the public against trespassing or against danger from animals. 3. Municipal, County, State and Federal signs, including necessary traffic signs. 4. Historical markers, monuments or signs erected by public authority. - 2 - 5. official notices or advertisements posted or displayed by or under the direction of any public court official in the per- formance of his official or directed duties, or by trustees under deeds of trust or other similar instruments. Ce REGULA__T ION__~S The following regulations shall apply to signs in all districts: !. Attached Signs: (a) Sign Placement - Every sign greater than four (4) square feet in area shall be placed flat against the building, projecting no more than twelve (12) inches, except as other- wise permitted. (b) Sign Height--- In no case shall any sign extend more than three (3) feet above the height of the building measured from the actual roof line in the case of a flat roof; from the eaves or the lowest point of the roof in the case of a hip or gable roof; provided that if the building is construc- ted with parapets, the sign shall be no more than three (3) feet above the parapet, but in no case shall the sign be more than six (6) feet above the actual roof. 2. ~py 1.on Signs_~ (a) In no case shall any pylon sign exceed a height of twenty (20) feet measured from the nearest curb elevation as established by the City Engineer or the base of- the sign, whichever is lower; provided that a sign that is not closer than fifty (50) feet from a street right-of-way line may have a height of forty (40) feet. (b) No sign shall be located within the front fifteen (15) feet of any required setback. 3. S_i~_n~s_ AdJ~_c_en_t ~to Resi_dential Districts: No _illuminated sign shall be permitted within one hundred. _(10o) feet of any "R", -3 - "M" or "R-T" District. No sign within three hundred (300) feet shall be illuminated between the hours of 12:00 midnight and 6:00 a.m. 4. Sign Illumination: Unless otherwise expressly prohibit- ed, signs may be illuminated, provided that lighting directed toward a sign shall be shielded in such a manner so as to illuminate only the face of the sign. D. SIGNS PERMITTED WITHOUT A PERMIT The following signs are permitted without a permit provided they conform to the regulations of the district in which they are to be located as to size, location and type of construction: 1. Church signs on church property (not to exceed twenty- four (24) square feet, white lighted). 2. Signs on interior window glass, regardless of size. 3. Signs advertising for rent, sale or lease of dwellings in "R" and "R-T" zones, limited to a maximum total area of four (4) square feet per dwelling; provided that said sign shall not be illuminated. 4. Traffic signs, not exceeding two (2) square feet in area, indicating entrance or exit. 5. Any flag, badge, or insignia customarily displayed by any government or governmental agency or by any charitable, civic, fraternal, patriotic, religious or similar organization, and customary temporary lighting and displays as a part of holiday decorations. 6. Signs relating to customary home occupations allowed in Section 2.09. 7. No permit shall be required to change movable lettering on a permitted sign. _4 - E. SIGNS PERMITTED WITH A PERMIT The following signs are permitted, subject to the issuance of a permit by the zoning Administrator; and provided further that the per- mit number shall be affixed to the sign in a conspicuous place: 1. "R" and "R-T" Districts: A free-standing sign denoting the name of the subdivision is permitted, provided that the area of the sign and sign structure does not exceed thirty-two (32) square feet and does not create a visual obstruction. The sign may be illuminated by white light only. Signs relating to special uses permitted within "R" districts are permitted on such properties. 2. "M" Districts: A sign denoting the name of the multi- family project is permitted at each entrance of the project, provided that the area of the sign does not exceed thirty-two (32) square feet, does not create a visual obstruction, and is not located within the public right-of-way. The sign may be illuminated; however, any illumination must be. by white light only. 3. permitted: "C" and "I" Districts: The following signs are (a) Any commercial or industrial use, having at least fifty (50) feet of frontage on a public street, shall be permitted one (1) pylon type sign, the size of which may not exceed one-half (1/2) square foot per lineal foot of front- age occupied by the use, or fifty (50) square feet, whichever is smaller. Any commercial use, having at least two hundred (200) feet of frontage on a public street, shall be permitted two (2) such signs. For the purpose of this paragraph, an entire shopping center shall be considered one commercial use. No more than two (2) pylon type signs shall be per- mitted for any commercial use. zone: (b) Signs attached to commercial or industrial build- ings in commercial or industrial zones, which advertise the said area or products or services sold therein, may have an aggregate area not exceeding two (2) square feet for each lineal foot of building frontage occupied by the use. (c) The total aggregate area of all signs permitted shall not exceed three (3) square feet for each lineal foot of building frontage measured to the outside of the exterior walls. In the event that a strUcture has frontage on two (2) or more streets, the sign area shall be based on the average building frontage. TEMPORARY SIGNS The following temporary signs are permitted with a permit in any 1. Temporary signs denoting or advertising contractors, architects, developers, and real estate agents connected with the construction, or sale, or lease of structures in commercial or industrial zones, and of developments in residential zones, said signs not to exceed a total area of sixty-four (64) square feet, with no single sign having an area of more than thirty-two (32) square feet. Permits for such temporary signs shall be limited to ninety (90) days' duration. A deposit of $25.00 shall be re- quired for each sign, the deposit to be returned when the sign has been removed. 2. Signs advertising the place and date of fairs, carnivals, horse shows and similar events, and signs of political candidates, parties or groups supporting the candidacy of any individual for office, or urging public support of or opposition to any public issues to be voted upon; provided such permits shall be limited to thirty (30)~ days' duration and provided a deposit of $25.00 has - 6 - been posted with the City to insure the removal of such temporary signs. 3. Temporary banners or signs, advertising special events or holidays to be observed within the City, may be permitted within public rights-of-way for not exceeding thirty (30) days; provided liability insurance protection, deemed adequate by the City, has been furnished; and provided further, a deposit satis- factory to the Zoning Administrator, has been posted to insure the removal of such temporary banners or signs. 4. Temporary signs, advertising the initial openings of business establishments, may be permitted for not exceeding ten (10) days; provided the location of such signs are approved by the zoning Administrator; and provided further, a deposit of $25.00 has been posted with the City to insure the removal of such temporary signs. 5. Directional signs placed on private property with per- mission of the owner and not exceeding six (6) square feet in area, directing the public to a subdivision or apartment project. Permits for such signs shall be limited to ninety (90) days and shall require a deposit of $25.00 to insure the prompt removal of such signs. SIGNS PROHIBITED The following signs are prohibited in the City: I. Any sign in a residential zone exceeding an area of thirty-two (32) square feet. 2. Any sign located in any manner or place so as to con- stitute a hazard to traffic. 3. Any moving sign or device to attract attention, all or any part of which moves by ~ny means, including fluttering, - 7 - rotating, or otherwise moving devices, or set in motion by move- ment of the atmosphere including but not limited to pennants, flags, propellers, disc, etc., whether or not any said device has written message content. 4. Any flashing sign or device displaying flashing or intermittent lights or lights of changing degrees of intensity; except a sign indicating time and/or temperature, with changes alternating on not less than a five-second cycle. 5. Any illuminated tubing or strings of lights outlining property lines or open sales areas, roof lines, doors, windows, or wall edges of any building; provided that perimeter-shielded down lighting may be used to illuminate open sales areas. 6. Any sign that obstructs or substantially interferes with any window, door, fire escape, stairway, ladder, or opening intended to provide light, air, ingress, or egress for any building. 7. Any non-shielded illumination of a sign within two hundred (200) feet of an "R", "R-T" or "M" District. 8. Portable signs, including any signs painted on or dis- played on vehicles or trailers usually parked in public places and used primarily for the purpose of such display; provided business signs painted on or attached to commercial vehicles shall not be prohibited. 9. Any sign which is a copy or imitation of an official sign, or which purports to have official status. 10. All temporary signs and banners, except as specifi- cally permitted in Section 7 Subsection F. 11. Billboards (except in 1-2). 12.. In no case shall any sign project into any public right-of-way, except as specifically permitted in Section 7 Subsection F (3). - 8 - 13. NO sign shall be located within the front fifteen (15) feet of any setback. 14. Any sign that violates any provision of a law of the Commonwealth of Virginia relating to outdoor advertising. 15. Any other sign not expressly permitted by this ordinance. PROCEDURE AND FEES FOR SIGN PERMITS 1. Application for a permit for a sign, where required by this ordinance, shall be made to the Zoning Administrator of the City, on a form approved by the City Council and accompanied by the proper fee, and shall include pertinent data relating to the design, placement and location of the proposed sign. The Zoning Administrator shall issue a permit for a sign which conforms to the Zoning Ordinance. 2. Any sign which is erected, used, maintained, operated, posted or displayed in violation of Section 7 of the Zoning Ordinance is hereby declared to be a public and private nuisance, and is subject to immediate removal by the Zoning Administrator. The City may collect the cost of such removal, obliteration or abatement from the person concerned. 3. Any sign which becomes a safety hazard, or which is not kept in a good general condition and in a reasonably good state of repair, and is not, after thirty (30) days' written notice to the person concerned, put in a safe and good general condition and in a reasonably good state of repair, is hereby declared to be a public and private nuisance, and may be removed, obliterated or abated by the Zoning Administrator. The city may collect the cost of such removal, obliteration or abatement from the person concerned. - 9 - 4. The provisions of this Section shall apply to all signs within the City regardless of whether or not a permit for such a sign is required by this ordinance. 5. The following fees shall be paid prior to the issuance of a'sign permit: (a) $5.00 plus $.10 a square foot for each sign. (b) $5.00 per 100 signs of less than two (2) square feet in area. I. REMOVAL OF SIGNS Whenever the use of a building or premises by a specified business or occupation is discontinued for that business or occu- pation for a period of ninety (90) days, signs pertaining to that business or occupation shall be removed immediately upon expiration of said ninety-day period. The owner of such premises shall be responsible for the removal of such signs and, after ten (10) days' written notice, if he shall fail to comply with the requirements hereof, the City Manager shall cause the sign or signs in question to be removed and shall charge the cost therefor to the owner of the premises. INTRODUCED: ADOPTED: September 26, 1967 November 7, 1967 Mayor Attest: - 10 -