City Council

TOWN OF OCCOQUAN Town Hall, 314 Mill Street, Occoquan, VA 22125 www.occoquanva.gov | info@occoquanva.gov | (703) 491-1918 ARCHITECTURAL REVIEW BOARD MEETING December 12, 2023 | 7:30 p.m. 1. Call to Order 2. Citizen Comments 3. Approval of Minutes a. May 23, 2023 Meeting Minutes b. August 22, 2023 Meeting Minutes 4. Exterior Elevation Applications a. ARB2023-004 204 Ellicott Street (Porch Railings) 5. Discussion Item a. Review Sign Code 6. Reports a. Town Council Report b. Town Manager’s Report c. Planning Commission Report d. Chair Report 7. Adjournment Brenda Seefeldt Chair, Architectural Review Board Portions of this meeting may be held in closed session pursuant to the Virginia Freedom of Information Act.  TOWN OF OCCOQUAN ARCHITECTURAL REVIEW BOARD Agenda Communication 3. Approval of Minutes Meeting Date: December 12, 2023 3A: Request to Approve May 23, 2023, and August 22, 2023 Minutes Attachments: a. May 23, 2023 Meeting Minutes b. August 22, 2023 Meeting Minutes Submitted by: Philip Auville Town Clerk Explanation and Summary: This is a request to approve the meeting minutes from May 23, 2023, and August 22, 2023. Proposed/Suggested Motion: “I move to approve the meeting minutes from May 23, 2023, and August 22, 2023 as presented.” OR Other action the Architectural Review Board deems appropriate.  TOWN OF OCCOQUAN ARCHITECTURAL REVIEW BOARD MEETING MINUTES May 23, 2023 In Attendance: Brenda Seefeldt, Darryl Hawkins, Carol Bailey, Jennifer Shown, Merial Currer, and Lisa Terry; Alternates: Mary Craig and Rick Fitzgerald Excused Absences: Theo Daubresse Call to Order- Brenda called the meeting to order at 7:34 pm 1. Citizen’s Comments – None 2. Approval of Minutes 1. March 28, 2023 Meeting Minutes – Carol made a motion to approve. Lisa 2nd, approved. 3. Exterior Elevation Applications 1. ARB2023-002 – 450 Mill Street – Siding - Lisa made a motion to approve the application and Jennifer 2nd, Approved. 4. Action Item 1. Request to Name an ARB Representative to the Mural Contest Award Committee - Brenda made a motion to name Lisa Terry as the ARB Representative to the Mural Contest Award Committee. Merial 2nd, approved. 2. Request to Make a Recommendation to Town Council on Zoning Text Amendment Generally Relating to the Sign Ordinance The following changes to the sign ordinance were recommended. § 157.301 DEFINITION A-FRAME SIGN. A two-faced chalkboard sign with supports that are connected at the top and separated at the base, forming an "A" shape. These are also referred to as SANDWICH BOARD SIGNS. They are included in the term PORTABLE SIGN. § 157.303 SIGNS NOT REQUIRING A PERMIT (F) One A-frame sign not in the public right-of-way, consistent with the tables in §§ 157.320 through 157.322; § 157.304 PROHIBITED SIGNS. A (12) Internally lighted signs, except for marquees and box signs;  (13) Neon signs; (14) A-frame signs made of plastic, vinyl, and/or non-durable materials Merial made a motion to send the proposed changes to Town Council. Carol 2nd. Approved 5. Discussion Item 1. Exterior Elevation Design Guidelines (EEDG) Updates - Brenda discussed that changes to the EEDG can be made for items such as “plastic porches” have to be constructed from woodgrain materials (ex: Trex) without a public hearing. This proposal will be discussed at our next meeting. 6. Reports 1. Town Council Report – Matt Whitmoyer reported that the budget and tax rates had been passed by Town Council. Volunteers are needed for RiverFest. 2. Town Manager’s Report – No report. 3. Planning Commission Report – No report. 4. Chair Report – Brenda will be gone in June. Darryl will be chairing the meeting. 7. Adjournment – 8:50 pm  TOWN OF OCCOQUAN ARCHITECTURAL REVIEW BOARD MEETING MINUTES August 22, 2023 In Attendance: Darryl Hawkins, Teo Daubresse, Carol Bailey, Jennifer Shown, and Lisa Terry; Alternates: Mary Craig and Rick Fitzgerald Excused Absences: Brenda Seefeldt and Merial Currer Due to Chair Brenda Seefeldt being absent, Vice Chair Darry Hawkins presided over the meeting. Call to Order- Darryl called the meeting to order at 7:36 pm 1. Citizen’s Comments – None 2. Exterior Elevation Applications 1. ARB2023-003 – 206 Washington Street – Porch Railings - Rick made a motion to approve the application and Carol 2nd, Approved. 3. Discussion Item 1. Exterior Elevation Design Guidelines (EEDG) Updates – Brenda left a recommendation for changing section 13 Porches to say the following: 13. Porches Porches are the welcoming hand to any structure, sometimes covered, sometimes not. Porches have played an important role in many Historic Districts, including Occoquan, and consist of many styles over the years. Historically porches were made of wood, and/or masonry. Wood is still preferred in the Historic District but today there are many materials that are similar to these historic materials, and upon approval, could be acceptable substitutes to the original materials. Scale and aesthetics are key, and consultation with a licensed architectural professional in Virginia is recommended. After discussion, Mary made a motion to approve the guideline changes and Theo 2nd, Approved. The guideline changes will be brought before the Town Council for approval at the September 5th meeting. 4. Reports 1. Town Council Report – Theo noted that a mural finalist was chosen at the July Council meeting and that there was no meeting in August. 2. Town Manager’s Report – No report.  3. Planning Commission Report – Darryl reported that the Planning Commission had a presentation from the Chesapeake Bay Preservation Act Training. 4. Chair Report – No report. 5. Adjournment – 8:05 pm  TOWN OF OCCOQUAN ARCHITECTURAL REVIEW BOARD Agenda Communication 4. Exterior Elevation Applications Meeting Date: December 12, 2023 4A: ARB2023-004 204 Ellicott Street Attachments: a. ARB2023-004 204 Ellicott Street (Porch Railings) Submitted by: Philip Auville Town Clerk Explanation and Summary: This is an Architectural Review Board (ARB) Exterior Elevation Application for the installation of new porch railings made of wood with smooth white vinyl covers at 204 Ellicott Street. Relevant Section of ARB Guidelines: The proposed work alters the railings of the existing porch and is therefore covered under Section 13 of the ARB Guidelines, which reads as follows: 13. Porches Porches are the welcoming hand to any structure, sometimes covered, sometimes not. Porches have played an important role in many Historic Districts, including Occoquan, and consist of many styles over the years. Historically porches were made of wood and/or masonry. Wood is still preferred in the Historic District but a realistic woodgrain look is acceptable. New or modified porches in the Historic District should reflect the styles and appearance of existing porches in the Historic District as to scale and aesthetics. When modifying a porch, the property owner must maintain or enlarge the existing dimensions of the porch and must match or retain the profiles of the porch’s elements (such as column bases, shafts and capitals, balusters, and ornamental millwork). Existing open-air front porches on primary elevations must not be enclosed. Any building with an existing primary- elevation porch should not have an additional porch created. For contributing structures, a ramp for ADA access should work with the existing porch rather than alter the features of the structure. Staff Recommendation: Make a determination based off the proposed work’s compliance with the ARB guidelines, including its congruence with the styles and appearances of neighboring porches in the Historic District. Proposed/Suggested Motion: “I move to approve ARB2023-004 204 Ellicott Street (Porch Railings) as is.” OR “I move to not approve ARB2023-004 204 Ellicott Street (Porch Railings).” OR Other action the Architectural Review Board deems appropriate. ARB2023-004 ARB2023-004  TOWN OF OCCOQUAN ARCHITECTURAL REVIEW BOARD Agenda Communication 5. Discussion Items Meeting Date: December 12, 2023 5A: Review Sign Code Attachments: a. Copy of the Sign Code Submitted by: Philip Auville Town Clerk Explanation and Summary: This is a discussion item to discuss the sign code that was approved and adopted by the Town Council at its June 6th Meeting based off of recommendations from the Planning Commission and Architectural Review Board, due to concerns from business owners on limiting the number of A- frame signs to only one per business without an approved sign application.  Zoning 197 SIGNS; GENERAL PROVISIONS § 157.300 FINDINGS, PURPOSE, AND INTENT; INTERPRETATION. (A) Signs obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation. The purpose of this subchapter 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 subchapter allows adequate communication through signage while encouraging aesthetic quality in the design, location, size, and purpose of all signs. This subchapter shall be interpreted in a manner 2020 S-4 198 Occoquan - Land Usage consistent with the First Amendment guarantee of free speech. If any provision of this subchapter is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this subchapter which can be given effect without the invalid provision. (B) Signs not expressly permitted as being allowed by right or by special use permit under this subchapter, by specific requirements in another portion of this chapter, or otherwise expressly allowed by the Town Council are forbidden. (C) A sign placed on land or on a building for the purpose of identification, protection, or directing persons to a use conducted therein shall be deemed to be an integral but accessory and subordinate part of the principal use of land or building. Therefore, the intent of this subchapter is to establish limitations on signs in order to ensure they are appropriate to the land, building, or use to which they are appurtenant and are adequate for their intended purpose while balancing the individual and community interests identified in division (A) above. (D) 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. (E) These regulations distinguish between portions of the town designed for primarily vehicular access and portions of the town designed for primarily pedestrian access. (F) These regulations do not regulate every form and instance of visual speech that may be displayed anywhere within the jurisdictional limits of the town. Rather, they are intended to regulate those forms and instances that are most likely to meaningfully affect one or more of the purposes set forth above. (G) These regulations do not entirely eliminate all of the harms that may be created by the installation and display of signs. Rather, they strike an appropriate balance that preserves ample channels of communication by means of visual display while still reducing and mitigating the extent of the harms caused by signs. (1998 Code, § 66-360) (Ord. passed 9-5-2017; Ord. 2020-06, passed 11-4-2020) Statutory reference: Outdoor advertising in sight of public highways, see VA Code §§ 33.2-1200 et seq. § 157.301 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 2020 S-4  Zoning 199 A-FRAME SIGN. A two-faced chalkboard sign with supports that are connected at the top and separated at the base, forming an "A" shape. These are also referred to as SANDWICH BOARD SIGNS. They are included in the term PORTABLE SIGN. ABANDONED SIGN. Any sign associated with a building, structure, or business, where the building or occupation permit or business license has expired and where the sign may be considered abandoned in accordance with the law of the Commonwealth of Virginia. ADVERTISING. Any words, symbol, color, or design used to call attention to a commercial product, service, or activity. ANIMATED SIGN. A sign or part of a sign that is designed to rotate, move, or appear to rotate or move. AWNING SIGN. A sign placed directly on the surface of an awning. BANNER. A temporary sign of flexible material designed to be installed with attachments at each of four corners. BOX SIGN. A sign contained in a box, transparent on one side, which is not more than four and a half square feet in area and not more than one foot deep. BUSINESS SIGN. A sign which directs attention to a product, service, or commercial activity available on the premises. CANOPY SIGN. A sign attached to a canopy. CHANGEABLE COPY SIGN. A sign or part of a sign that is designed so that characters, letters, or illustrations can be changed or rearranged without altering the face or surface of the sign. COMMERCIAL SIGN. A sign that advertises a business, product, service, or other commercial activity. COMPREHENSIVE SIGN PLAN. A plan for the signage of a property that includes multiple tenants or owners with shared parking or other facilities, with special use permit (SUP) from Town Council. FEATHER SIGN. A lightweight, portable sign mounted along one edge on a single, vertical, flexible pole. The physical structure may resemble a sail, bow, or teardrop. FLAG. A piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope, and used as a symbol or decoration; this includes PENNANTS. 2020 S-4 200 Occoquan - Land Usage FLASHING SIGN. A sign that includes lights that flash, blink, or turn on and off intermittently. FREESTANDING SIGN. A non-portable sign that is supported by structures or supports in or upon the ground and independent of any support from any building or wall. HEIGHT. The maximum vertical distance from the base of the sign including the sign structure at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: existing grade immediately prior to construction of the sign; or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating primarily for the purpose of mounting or elevating the sign. ILLEGAL SIGN. Any sign erected without a required permit or which otherwise does not comply with any provisions of this subchapter. ILLUMINATED SIGN. A sign that is backlit, internally lighted, or indirectly lighted, but does not include a neon sign. INFLATABLE SIGN. Any sign which uses compressed or forced gas to provide support. MARQUEE. A permanent structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather. MARQUEE SIGN. A sign attached to and made a part of a marquee or any similar projections from a building, with changeable, fixed, or both types of lettering in use. MINOR SIGN. A wall, projecting, or freestanding sign, as per the tables in §§ 157.320 and 157.321, and not illuminated. MONUMENT SIGN. A sign affixed to a structure built on grade in which the sign and the structure are an integral part of one another; not a pole sign. NEON SIGN. A sign containing exposed tubes filled with light-emitting gas. NON-RESIDENTIAL USE PROPERTY. A property that at the time is being used for some purpose other than a residence, regardless of the zoning district in which the property is located. NONCONFORMING SIGN. Any sign which was lawfully erected in compliance with applicable regulations of the town and maintained prior to the effective date of this chapter and which fails to conform to current standards and restrictions of this chapter. 2023 S-12  Zoning 201 OFF-PREMISES SIGN. A sign that directs attention to a business, product, service, or activity conducted, sold, or offered at a location other than the premises on which the sign is erected. POLE SIGN. A sign that is mounted on one or more freestanding poles. PORTABLE SIGN. Any temporary sign not affixed to a building, structure, vehicle, or the ground. It does not include a flag or banner. PROJECTING SIGN. Any sign, other than a wall, awning, or marquee sign, affixed to a building and supported only by the wall or a bracket on which it is mounted. PUBLIC AREA. Any public place, public right-of-way, any parking area, or right-of-way open to use by the general public, or any navigable body of water. RESIDENTIAL-USE PROPERTY. A property that at the time is being used as a residence, regardless of the zoning district in which the property is located. ROOF SIGN. A sign erected or constructed, in whole or in part, upon or above the highest point of a building with a flat roof, or the lowest portion of a roof for any building with a pitched roof. SIGN. Any device (writing, letter work or numeral, pictorial presentation, illustration or decoration, emblem, device, symbol or trademark, flag, banner or pennant or any other device, figure, or character) visible to and designed to communicate information to persons in a public area. However, the term SIGN does not include architectural features, except those that identify products or services or advertise a business use. The term SIGN also does not include the display of merchandise for sale on the site of the display. SIGN FACE. The portion of a sign structure bearing the message. SIGN STRUCTURE. Any structure required to support the sign. TEMPORARY SIGN. A sign constructed of cloth, canvas, vinyl, paper, fabric, or other lightweight material not well suited to provide a durable substrate or, if made of some other material, is neither permanently installed in the ground nor permanently affixed to a building or structure which is permanently installed in the ground. Duration of installation as per the tables in §§ 157.320 and 157.321. VEHICLE or TRAILER SIGN. Any sign attached to or displayed on a vehicle, if the vehicle or trailer is used for the primary purpose of advertising a business establishment, product, service, or activity. Any such vehicle or trailer shall, without limitation, be considered to be used for the primary purpose of advertising if it fails to display current license plates, inspection sticker, or municipal decal, if the vehicle is inoperable, if evidence of paid-to-date local taxes cannot be made available, or if the sign alters the standard design of such vehicle or trailer. 2023 S-12 202 Occoquan - Land Usage WALL SIGN. Any sign attached to a wall or painted on or against a flat vertical surface of a structure. WATERFRONT SIGN. A sign facing the river on riverfront property. WINDOW SIGN. Any sign visible outside the window and attached to or within 18 inches in front of or behind the surface of a window or door. YARD SIGN. A temporary sign that is not attached to a structure or improvement. (1998 Code, § 66-361) (Ord. passed 9-5-2017; Ord. 2020-06, passed 11-4-2020; Ord. O-2023-12, passed 6-6-2023) § 157.302 SIGNS REQUIRING A PERMIT. (A) Permit required. A sign permit is required prior to the display and erection of any sign and sign structure except as provided in § 157.303. (B) Application for permit. (1) An application for a sign permit shall be filed with the town on forms furnished by the town. The applicant shall provide sufficient information to determine if the proposed sign is permitted under this chapter and other applicable laws, regulations, and ordinances. An application for a temporary sign shall state the dates intended for the erection and removal of the sign. (2) The Town Zoning Administrator or designee shall promptly process the sign permit application and approve the application, deny the application, or notify the applicant of deficiencies in the application within 30 business days after receipt. Any application that complies with all provisions of this chapter, the Building Code, and other applicable laws, regulations, and ordinances shall be approved. (3) If the application is denied, the town shall provide a list of the reasons for the denial in writing. An application shall be denied for noncompliance with the terms of this chapter, the Building Code, or other applicable law, regulation, or ordinance. (C) Nonrefundable fee. A nonrefundable fee as set forth in the uncodified fee schedule adopted by the Town Council shall accompany all sign permit applications. (D) Permit void after one year. If a sign is not installed within one year following the issuance of a sign permit (or within 20 days in the case of a temporary sign permit), the permit shall be void. The permit for a temporary sign shall state its duration, not to exceed 20 days unless another time is provided in this chapter. The town may revoke a sign permit under any of the following circumstances: 2023 S-12  Zoning 203 (1) The town determines that information in the application was materially false or misleading; (2) The sign as installed does not conform to the sign permit application; or (3) The sign violates this chapter, the Building Code, or other applicable law, regulation, or ordinance. (E) Signs in Old and Historic Occoquan Overlay District. All signs in the Old and Historic Occoquan Overlay District (HOD) require compliance with Architectural Review Board (ARB) guidelines except when a sign permit is not required as provided in § 157.303. (F) Comprehensive sign plans approval by Town Council. The Town Council shall approve comprehensive sign plans in the B-1 District. The comprehensive sign plan shall establish the time, manner, and placement of signs, frequency of message changes, the materials, the hours of lighting, the height of signs, the total number of square feet of sign surface, and the number of signs to be placed on a site. Height of signs shall not be modified above the height permitted in this chapter. (G) Basis of permitting and enforcement. All signage regulations contained in this chapter shall be applied on the following basis for each use, unless otherwise specified within this chapter: (1) For non-residential use properties, each business per parcel will be considered individually as the basis of each use, including when calculating the maximum number of signage; (2) For residential use properties, each tenant or homeowner per parcel will be considered individually as the basis of each use, including when calculating the maximum number of signage. (H) Exemption from certificate of appropriateness. Except as listed below, all signs and sign structures regulated under this chapter are exempt from the certificate of appropriateness process as provided in §§ 157.177 through 157.182: (1) Any sign structures with a height greater than 15 feet; and/or (2) Any sign structure whose component parts individually have a width greater than five inches. (1998 Code, § 66-362) (Ord. passed 9-5-2017; Ord. 2020-06, passed 11-4-2020; Ord. O-2023-12, passed 6-6-2023) Penalty, see § 10.99 § 157.303 SIGNS NOT REQUIRING A PERMIT. A sign permit is not required for the following: (A) Signs erected by a governmental body or required by law; 2023 S-12 204 Occoquan - Land Usage (B) Flags up to 16 square feet in size, subject to limitations on their number contained elsewhere in this chapter; provided, that no freestanding pole shall be erected in the public right-of-way nor be within five feet of a service drive, travel lane, or adjoining street; (C) The changing of messages on marquees and the repair of an existing permitted sign, except that repair of a nonconforming sign must comply with § 157.308(E); (D) Temporary signs as follows: (1) For non-residential use property one sign, no more than 16 square feet in area, located on property where a building permit is active; (2) On residential-use property, one or more temporary signs with a total area of no more than eight square feet, and which are removed within 90 days after being erected. Once removed, temporary signs may not be erected again for 30 days; and (3) On residential-use property, window signs, provided that the total extent of window signs do not obstruct more than 25% of the total area of all windows on each building façade. (4) On any property for sale or rent, not more than one sign with a total area of up to 16 square feet and a maximum height of six feet when the sign abuts a road with a speed limit of 25 mph or less, and when the sign abuts a road with a speed limit greater than 25 mph not more than one sign with a total area of up to 32 square feet and a maximum height of eight feet; (5) On any property official notices or advertisements posted or displayed by or under the direction of any public or court officer in the performance of his or her official or directed duties; provided, that all such signs shall be removed no more than ten days after their purpose has been accomplished; (E) Not more than four minor signs, consistent with the tables in §§ 157.320 and 157.321. Additional minor signs are permitted in certain districts with a permit; (F) One A-frame sign not in the public right-of-way, consistent with the tables in §§ 157.320 and 157.321; (G) Window signs, provided that the aggregate area of all window signs on each window or door does not exceed 25% of the total area of the window or door; and (H) Box signs, consistent with the tables in §§ 157.320 and 157.321. 2023 S-12  Zoning 204A (I) Signs consisting of illuminated tubing or strings of lights outlining property lines or open sales areas, rooflines, doors, windows, or wall edges of any building provided such lights are white, off-white, or a color commonly considered white. Lights other than white are permitted only from October 15 through February 15. (1998 Code, § 66-363) (Ord. passed 9-5-2017; Ord. 2020-06, passed 11-4-2020; Ord. O-2023-12, passed 6-6-2023) § 157.304 PROHIBITED SIGNS. In addition to signs prohibited elsewhere in this code or by applicable state or federal law, the following signs are prohibited. (A) General prohibitions. General prohibitions include: (1) Signs that violate any law of the state relating to outdoor advertising; (2) Signs attached to natural vegetation; (3) 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; 2023 S-12 204B Occoquan - Land Usage  Zoning 205 (4) Vehicle or trailer signs; (5) Freestanding signs more than 15 feet in height; (6) Vending machines within the Old and Historic Occoquan District that are outside of a wholly enclosed structure; and (7) Any sign displayed without complying with all applicable regulations of this chapter. (B) Prohibitions based on materials. Prohibitions based on materials include: (1) Signs painted directly on a building, driveway, or road, except where expressly permitted by this chapter; (2) Animated signs; (3) Flashing signs; (4) Non-white colored signs consisting of illuminated tubing or strings of lights outlining property lines or open sales areas, rooflines, doors, windows, or wall edges of any building, except during the period October 15 through February 15; (5) Signs that emit smoke, flame, scent, mist, aerosol, liquid, or gas; (6) Signs that emit sound; (7) Any electronic sign that is generated by a series of moving images, such as a TV, digital display, or other video technology, whether displayed on a building, vehicle, or mobile unit; (8) Strings of flags (two or more connected together) visible from, and within 50 feet of, any public right-of-way; (9) Pole signs less than six feet in height; (10) Feather signs; (11) Inflatable signs; (12) Internally lighted signs, except for marquees and box signs; (13) Neon signs; and (14) A-frame signs made of plastic, vinyl, and/or non-durable materials. 2023 S-12 206 Occoquan - Land Usage (C) Prohibitions based on location. Prohibitions based on location include: (1) Off-premises signs; (2) Signs erected on public land other than those approved by an authorized town official in writing, required by law without such approval, or permitted under VA Code § 24.2-310 E. Any sign not so authorized is subject to immediate removal and disposal by any authorized official. Removal of the sign under this provision does not preclude prosecution of the person responsible for the sign; (3) Signs on the roof surface or extending above the roofline of a building or its parapet wall; (4) Any sign which obstructs visibility for motorists or pedestrians at an intersection; (5) Window signs whose aggregate area on a window or door exceed 25% of the total area of the window or door; and (6) Commercial signs are not permitted as yard signs in business districts. (1998 Code, § 66-364) (Ord. passed 9-5-2017; Ord. 2020-06, passed 11-4-2020; Ord. O-2021-07, passed 12-7-2021; Ord. O-2023-12, passed 6-6-2023) Penalty, see § 10.99 § 157.305 MEASUREMENTS OF SIGN AREA AND HEIGHT. (A) Supports, uprights, or structures in determining sign area. Supports, uprights, or structures on which any sign is supported shall not be included in determining the sign area unless such supports, uprights, or structures are designed in such a way as to form an integral background of the display; except, however, when a sign is placed on a fence, wall, planter, or other similar structure that is designed to serve a separate purpose other than to support the sign, the entire area of such structure shall not be computed. In such cases, the sign area shall be computed in accordance with the preceding provisions. (B) Sign area. (1) Sign area is calculated under the following principles. (a) With signs that are regular polygons or circles, the area can be calculated by the mathematical formula for that polygon or circle. With signs that are not regular polygons or circles, the sign area is calculated using all that area within a maximum of three abutting or overlapping rectangles that enclose the sign face. (b) The permitted area of a double-faced sign shall be considered to be the area on one side only. If one face contains a larger sign area than the other, the larger face shall be used in calculating the sign area. A double-faced sign must have an internal angle between its two faces of no more than 45 degrees. 2023 S-12  Zoning 207 (c) For projecting signs with a thickness of four inches or more, the sign area also includes the area of the visible sides of the sign, calculated as a rectangle enclosing each entire side view. (2) The maximum height for any sign shall be 15 feet unless otherwise specified within this chapter. (3) Maximum sign area is 16 square feet unless otherwise specified within this chapter. (1998 Code, § 66-365) (Ord. passed 9-5-2017; Ord. 2020-06, passed 11-4-2020) Penalty, see § 10.99 § 157.306 MAINTENANCE AND REMOVAL. (A) All signs shall be constructed and mounted in compliance with the State Uniform Statewide Building Code, 13 VAC 5-63. (B) All signs and components thereof shall be maintained in good repair and in a safe, neat, and clean condition. (C) The Building Official may take action under the State Maintenance Code, after such notice as is provided by law, to address any sign which, in his or her opinion, has become insecure, in danger of falling, or otherwise unsafe, and, as such, presents an immediate threat to the safety of the public. If such action is necessary to render a sign safe, the cost of such emergency removal or repair shall be at the expense of the owner or lessee thereof as provided in Chapters 92 and 150 of this code. (D) Where the use or business has ceased operating, the owner of the sign or property owner shall remove the sign within 60 days of the cessation of use or business operation, or remove/replace the sign face with a blank face until such time as a new use or business has resumed operating on the property. (E) Any sign which becomes a safety hazard or which is not kept in a reasonably good state of repair shall be put in a safe and good state of repair within 30 days of a written notice to the owner and permit holder. Any sign which constitutes a nuisance may be abated by the town under the requirements of VA Code §§ 15.2-900, 15.2-906, and/or 15.2-1115. (1998 Code, § 66-366) (Ord. passed 9-5-2017; Ord. 2020-06, passed 11-4-2020) Penalty, see § 10.99 § 157.307 GENERAL REQUIREMENTS. (A) Placement. Except as otherwise permitted, all signs shall leave a vertical clearance over any sidewalk of at least seven feet and shall not overhang any vehicular right-of-way. (B) Illumination. All permitted signs may be indirectly lighted, unless such lighting is specifically prohibited in this subchapter. Box signs may be internally lighted. 2023 S-12 208 Occoquan - Land Usage (1) In the case of indirect lighting, the source shall be so shielded that it illuminates only the face of the sign. However, wall signs shall be indirectly illuminated or have shielded direct lighting, unless otherwise prohibited within this chapter. Indirect lighting shall consist of full cut-off or directionally shielded lighting fixtures that are aimed and controlled so that the directed light shall be substantially confined to the sign to minimize glare, sky glow, and light trespass. The beam width shall not be wider than that needed to light the sign. (2) Internal illumination shall be limited to the illumination standards for outdoor lighting in § 157.287. No sign shall be permitted to have an illumination spread of more than five-hundredths foot-candle at the lot line, shine into oncoming traffic, affect highway safety, or shine directly into a residential dwelling unit. In no event shall the illumination of any sign resulting from any internal or external artificial light source exceed 100 lumens. All lighting fixtures used to illuminate a sign shall be full-cutoff, as defined by the Illuminating Engineering Society of North America (IESNA), and shall have fully shielded or recessed luminaires with horizontal-mount flat lenses that prevent upward light scatter and protect the dark night sky. (3) All illumination for signs shall comply with provisions of §§ 157.285 through 157.288. (C) Waterfront signs. See chart in §§ 157.320 through 157.322. (D) Temporary signs. In the Old and Historic Occoquan District, temporary sign colors shall be consistent with the ARB guidelines. (1) Temporary signs shall not contain more than four colors. (2) Banners shall be attached to an existing principal structure (with a clearance of at least 12 inches from the edge of the store or building) or sign pole. They must not obscure architectural features of the building (such as windows, railings, or ornamentation) and shall not exceed 16 square feet in total area. They may be hung in a horizontal or vertical manner and shall be attached at all four corners in a taut manner. (3) Temporary sign permits shall be for 20 consecutive days and no more than twice in one calendar year per sign per business per parcel. (4) Temporary signs installed and used for special events and festivals sponsored by the town may be erected without a permit and shall be removed within two days after the event. (E) Flags. In the Old and Historic Occoquan District, flags shall be attached to an existing principal structure or pole. They must not obscure architectural features of the building (such as windows, railings, or ornamentation). (1998 Code, § 66-367) (Ord. passed 9-5-2017; Ord. 2020-06, passed 11-4-2020; Ord. O-2023-12, passed 6-6-2023) Penalty, see § 10.99 2023 S-12  Zoning 209 § 157.308 NONCONFORMING SIGNS. (A) Signs lawfully existing on the effective date of this chapter or prior ordinances, which do not conform to the provisions of this chapter, and signs which are accessory to a nonconforming use shall be deemed to be nonconforming signs and may remain except as qualified below. The burden of establishing nonconforming status of signs and of the physical characteristics/location of such signs shall be that of the owner of the property. Upon notice from the Zoning Administrator, a property owner shall submit verification that sign(s) were lawfully existing at time of erection. Failure to provide such verification shall be cause for order to remove sign(s) or bring sign(s) into compliance with the current ordinance. (B) No nonconforming sign shall be enlarged nor shall any feature of a nonconforming sign, such as illumination, be increased. (C) (1) Nothing in this section shall be deemed to prevent keeping in good repair a nonconforming sign. (2) Nonconforming signs shall not be extended or structurally reconstructed or altered in any manner, except a sign face may be changed so long as the new face is equal to or reduced in height and/or sign area. (D) No nonconforming sign shall be moved for any distance on the same lot or to any other lot unless such change in location will make the sign conform in all respects to the provisions of this subchapter. (E) (1) A nonconforming sign that is destroyed or damaged by any casualty to an extent not exceeding 50% of its area may be restored within two years after such destruction or damage but shall not be enlarged in any manner. (2) If such sign is so destroyed or damaged to an extent exceeding 50%, it shall not be reconstructed but may be replaced with a sign that is in full accordance with the provisions of this subchapter. (F) A nonconforming sign which is changed to becoming conforming or is replaced by a conforming sign shall no longer be deemed nonconforming, and thereafter such sign shall be in accordance with the provisions of this subchapter. (G) A nonconforming sign structure shall be subject to the provisions of § 157.212. In addition, a nonconforming sign structure shall be removed if the use to which it is accessory has not been in operation for a period of two years or more. Such sign structure shall be removed by the owner or lessee of the property. If the owner or lessee fails to remove the sign structure, the Zoning Administrator or designee shall give the owner 15 days' written notice to remove it. Upon failure to comply with this 2020 S-4 210 Occoquan - Land Usage notice, the Zoning Administrator or designee may enter the property upon which the sign is located and remove any such sign or may initiate such action as may be necessary to gain compliance with this provision. The cost of such removal shall be chargeable to the owner of the property. (1998 Code, § 66-368) (Ord. passed 9-5-2017; Ord. 2020-06, passed 11-4-2020) Penalty, see § 10.99 § 157.309 NONCOMMERCIAL SIGNS. Wherever this subchapter 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. (1998 Code, § 66-369) (Ord. passed 9-5-2017; Ord. 2020-06, passed 11-4-2020) Penalty, see § 10.99 SIGN REGULATIONS BY USE AND DISTRICT § 157.320 RESIDENTIAL DISTRICT SIGNS (R-1, R-2, R-3, R-4). (A) Except as otherwise prohibited in this subchapter, Table 1 below includes signs that are permitted as accessory to residential uses in residential districts. Animated signs and electronic message signs are prohibited on residential properties in all residential districts. (B) Except as provided otherwise in this subchapter, Table 2 below includes signs that are permitted as accessory to nonresidential uses in residential districts. Animated signs are prohibited as accessory uses for nonresidential uses in all residential districts. Table 1: Residential District Residential Use Property Signs Type Flags Temporary Permanent-Box, Minor Waterfront Freestanding, Monument, Pole, Projecting, and Wall Duration Unlimited 90 days Unlimited Unlimited Unlimited Illumination As required by law None Indirect None Indirect Location See § 157.303(B) See Wall, bracket, Wall, bracket, Wall, bracket, § 157.303 freestanding, or affixed to freestanding, or freestanding, or (D) mailbox affixed to mailbox affixed to mailbox Max. height 15 ft 6 ft 6 ft 6 ft 6 ft Setback See § 157.303(B) None None None None Size (each/total) 16 sf/no limit 16 sf/no 3 sf/3 sf 1 sf/4 sf 16 sf limit 2023 S-12  Zoning 211 Table 2: Residential District Non-residential Use Property Signs Type Flags Temporary Variable Permanent Minor Monument Waterfront Message Box, Signs Freestanding, Monument, Pole, Projecting, and Wall Duration Unlimited 20 Days Unlimited Unlimited Unlimited Unlimited Unlimited Illumination As required by None Indirect Indirect None Indirect Indirect law Materials See flag definition See § 157.303(D) - - - - - Max. height 15 ft 6 ft 6 ft 6 ft 6 ft 6 ft 6 ft Setback See § 157.303(B) None None None None None None Size (each/ 16 sf/no limit 8 sf/8 sf 16 sf/16 16 sf/16 sf 1 sf/ 16 sf 16 sf total) sf 4 sf (1998 Code, § 66-391) (Ord. passed 9-5-2017; Ord. 2020-06, passed 11-4-2020; Ord. O-2023-12, passed 6-6-2023) Penalty, see § 10.99 § 157.321 BUSINESS DISTRICT SIGNS (B-1). (A) Except as prohibited in this subchapter, Table 3 below includes signs that are permitted in business districts. (B) Window signs are permitted up to 25% of the area of a window and count toward the maximum square footage of wall signs. 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. (C) Commercial signs are not permitted as yard signs in business districts. (D) Box signs do not count towards the maximum number of signs and flags as outlined in Table 3. 2023 S-12 212 Occoquan - Land Usage Table 3: Business District Property (All Uses) Signs Type Permanent, Temporary Flags Minor Waterfront Marquee*** Freestanding, Monument, Pole, Projecting, and Wall Duration Unlimited 20 days Unlimited Unlimited Unlimited Unlimited Illumination Indirect None As required by None Indirect Backlit, law internally or indirectly Location Wall, bracket, See See Wall, bracket, Wall, bracket, SUP req. freestanding or § 157.303(D) § 157.303(B) freestanding, or freestanding, or affixed to affixed to affixed to mailbox mailbox mailbox Maximum 4 (with no Unlimited** 4 (with no 4 signs total Unlimited up to 1 number flags)* signs)* without a maximum size permit; up to 2 additional with a permit Maximum 6 ft 6 ft 15 ft 6 ft Height of Height of height building building Size (Each) 16 sf (except 16 sf total for 16 sf 1 sf total Total: 2 SUP req. box signs, which commercial sf/linear foot of are limited to use property; 8 building 4.5 sf by sf total for riverfront definition) residential use width, divided property into as many signs as occupant wishes Table notes: * Maximum number is a combination of signs and flags. There shall be no more than four signs and/or flags on any one business per parcel at a given time. ** Commercial signs are not permitted as yard signs in business districts. *** SUP required prior to install. (1998 Code, § 66-392) (Ord. passed 9-5-2017; Ord. 2020-06, passed 11-4-2020; Ord. O-2023-12, passed 6-6-2023) Penalty, see § 10.99 2023 S-12