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HomeMy Public PortalAbout1978_04_12_O008TOWN OF LEESBURG IN LOUDOUN COUNTY, VIRGINIA PRESENTED February 22, 1978 ORDINANCE NO. 78-0-8 ADOPTED April 12, 1978 AN ORDINANCE: AMENDING CHAPTER 16 OF THE TOWN CODE BE IT ORDAINED by the Council of the Town of Leesburg, Virginia, as follows: SECTION I. Article II, Chapter 16 of the Town Code shall be amended to read as follows: ARTICLE II. PROJECTIONS OVER STREET RIGHTS-OF-WAY Sec. 16-27. Permit required; compliance with Article Except as otherwise provided, it shall be unlawful for any person to erect or maintain any street graphics, awning, canopy, balcony or any object projecting over any public right-of-way of the Town, until and unless a permit therefor shall have first been obtained from the town manager, and then only under the terms and conditions as set forth in this Article. A permit shall not be required for the following graphics or actions, provided such graphics shall be subject to all other provisions of this Article. a. Repainting of graphics without changing wording, composition, or colors; b. Relocation of graphics as required by the Town; c. Ail exempt graphics. Sec. 16-28. Permit applicati'ons and plans. A projection permit may be obtained upon application and payment of the required fee to the town manager on forms prescribed by him. Applications shall include plans of the proposed projection with its size, shape, height, location, letter style, lighting, color, construction and materials and specifications detailed thereon. If the proposed projection is to be located within a historic conservation district, a certificate of appropriateness shall be issued by the Board of Architectural Review prior to the issuance of a permit by the town manager. Sec. 16-29. Permit Fees. The fees for permits under this Article, to be col- lected by the town manager before the issuance of a per- mit for any new projection over any public right-of-way, are as follows: Buildings or parts thereof Graphics $25.00 15.00 Sec. 16-30. Liability for Damage. The provisions of this Article shall not be construed to relieve or to limit in any way the responsibility or liability of any person who owns or erects any projecting object for personal injury or property damage caused by the projecting object; nor shall the provisions of this Article be construed to impose upon the town, its officers and its employees any responsibility or liability by reason of the approval of any projecting object under the provi- sions of this Article. Sec. 16-31. Abandoned Street Graphics. Any person who owns a graphic shall remove the legend from it within 30 days after the activity it advertises is no longer conducted and remove the graphic within six months after the activity it advertises is no longer conducted. Sec. 16-32. Unlawful Projections. Except as provided herein, any projecting object pre- viously or hereafter erected or maintained in violation of this Article shall be removed by the owner within ten days after receipt of written notification from the town manager. If the owner fails to remove the object within the time specified, the town manager shall have the object removed and the owner shall pay the town for expenses incurred. Sec. 16-33. Exemptions. (a) Graphics of a public non-commercial nature, in- cluding safety signs, danger signs, and trespas- sing signs, signs indicating scenic or historical points of interest, and any other official sign provided it is erected by a public officer in the performance of a public duty are exempt from this Article. (b) Wall display cases, awnings, canopies, balconies, marquees and buildings or parts of buildings exist- ing at the time of enactment of this Article are exempt from provisions of this Article except Sec. 16-34 below. Sec. 16-33 contd (c) Graphics existing at the time of enactment of this Article are exempt from permit fee require- ments, Sec. 16-32 and Sec. 16-35, provided: (1) (2) (3) The requirements of Sec. 16-28 are met. The graphic shall have been in place for at least 25 years. The graphic shall be designated a classic by the Board of Architectural Review and shall have unusual style, aesthetic qualities, or other distinctive characteristics ren- dering it unique among graphics. Sec. 16-34. Maintenance Requirements. All projections together with all their supports, braces, hooks, guys and anchors shall be of substantial and sturdy construction, shall be kept in good repair, and shall be painted or cleaned as often as necessary to maintain clean, neat, safe and orderly appearance. Sec. 16-35. Street Graphics Prohibitions and General Requirements. No street graphic shall be constructed, reconstructed, erected, relocated or maintained which: (a) Prevents free ingress or egress from any door, window or fire escape; (b) Covers or intrudes upon any architectural features of a building such as windows, columns, moldings or any major decoration; (c) Obstructs free and clear vision or distracts the attention of the driver of any vehicle by reason of its position, shape, color, reflection or il- lumination; (d) Bears or contains statements, words or pictures of an obscene, indecent or immoral character, which will offend public morals or decency; (e) Advertises or publicizes an activity, business, product or service not conducted on the premises adjacent to the public right-of-way upon which such graphics are maintained; (f) Is in any way animated; emits smoke, visible vapors, particles, sound or odor; (g) Is portable or fixed on a movable stand, (h) Is located on a utility pole, tree or rock; Sec. 16-35. Contd. (i) (j) (k) (1) (m) Is not hung from brackets, not attached flat against the building or not painted upon the surface of an existing building; Projects, in whole or in part, from the right- of-way line over a right-of-way more than three and one-half feet, except seasonal decorations, existing awnings, canopies and marquees; Is a time-temperature device or a reader board; Is illuminated with any color light other than white light and which source of light is visible from a pedestrian level; Is internally illuminated; Sec. 16-36. Permitted Projections. Subject to the provisions of this Article, the following projections and street graphics are permitted to be placed over street rights-of-way. (a) Architectural features of buildings such as (b) (c) (d) (e) (f) cornices, eaves and bay windows; Window plant boxes and mail boxes; Wall graphics; Projecting graphics; Temporary window graphics; Seasonal decorations. Sec. 16-37. Specific Requirements for permitted projections. Permitted projections and street graphics may be placed over street rights-of-way only in the following manner: (a) Architectural features, including gutters and downspouts, window plant boxes and mail boxes may project not more than 12 inches. (b) The combined area and number of wall graphics and projecting graphics shall not exceed the limits per building as specified by any other ordinance of the town; (c) Wall graphics for any activity conducted on the premises may be displayed by attachment flat to the wall; (d) One graphic per street entrance into a building may announce activities conducted on the premises, may project not more than three and one-half feet, shall have a minimum clearance of nine feet above the sidewalk, shall not exceed 10 square feet in area and shall project perpendicularly from the building wall, provided the total area of all pro- jecting graphics shall not exceed in area 10 square feet plus one square foot for each four lineal feet of building frontage. Sec. 16-37. Contd. (e) Projecting graphics shall be located no higher than the sill of a second floor window or 14 feet above the sidewalk, whichever is less, except however, if the Board of Architectural Review deems a projecting graphic appropriate in a higher or lower location, the town manager may permit such exception; (f) Temporary window graphics for all activities shall occupy not more than 25 percent of the area of the window in which such graphics are displayed and shall not remain in place for more than eight weeks; (g) Seasonal decorations shall be permitted for dis- play purposes by a civic organization or governmental agency with no fee charged provided a plan for the location of such decorations is submitted to the town manager at least two weeks prior to the date that the decorations are proposed to be placed. Such plan shall show that Sec. 16-35 of this Article will be complied with. Sec ' 16-38 D~efinitions. For the purpose of this Article, certain terms and words are defined as follows: Animated Graphics: (a) Movement of a sign body or any segment thereof such as rotating, revolving, moving up or down or any other type of action involving a change of position of a sign body or segment thereof, whether caused by mechanical illusion or other means; (b) Lighted sign on an intermittent or flashing circuit or the movement of any light used in connection with any sign such as blinking, traveling, flaring or changing degree of intensity. EaVes: The projecting overhang at the lower edge of a roof. Front or FrOntage: Surfaces of any building or facility that present themselves to a public right-of-way giving immediate access to the premises. Graphics: Any device used for visual corf~Lunication, in- cluding signs. Sec. 16-38. Contd. Indirect Lighting: The use of fluorescent, and other ~apor light, or incadescent lighting set apart from, but directed towards the surface of the street graphic. Interior Lighting: The use of fluorescent, and other vapor light, or incandescent lighting to illuminate a street graphic from behind the lettering or from inside the graphic structure. Marquees, Canopies~ Awnings: temporary, or portable entrances and windows, Various forms of permanent roof-like coverings for Projecting Graphic: A graphic attached to a building or other structure and extending from the building wall or structure. Reader Board: A graphic with movable characters for a temporary message. Sign: Any device employing letters, words, symbols, etc. used or intended to attract the attention of the public from streets, sidewalks or other outside public areas. (See street graphics.) Street Graphic: Every sign, bulletin board, ground sign, wall and roof sign, reader board, window sign, illuminated sign, projecting sign, official sign, including any letter, word, number, logo, symbol, or combination thereof; model, mural, decoration, banner, flag, pennant, clock, thermometer, insignia, light or combination of lights, used or placed as an announce- ment or declaration to identify, advertise or promote the interest of any person, place, product, or corporation when the same is placed in view of the general public from outside the structure, including interior window signs on which it is placed. Wall Graphic: A sign attached to, painted on, or erected against a wall or flat vertical surface of a structure with the exposed face of the sign on a plane parallel to the face of said vertical surface. Window ~Graphics: Ail signs attached to or applied directly onto the internal or external surface, or set back less than one foot from the interior surface, of any window in view of the general public from outside the structure. Section II. This ordinance shal!~ be effective May 1, 1978. PASSED thisl2th day of April , 1978 ATTEST: Clerk of ~uncil ~ary Ahne Newman, Mayor Town of Leesburg