Title
Ordinance to Amend and Reenact the Zoning Ordinance of the City of Hampton, Virginia by Amending Chapter 2 Entitled, “Definitions” Pertaining to Definitions Related to Signage
Purpose
Background Statement:
This proposed amendment will update the sign definitions of the zoning ordinance to conform with the United States Supreme Court’s decision in Reed v. Town of Gilbert, Arizona, 135 S. Ct. 2218 (2015). In Reed, the Supreme Court dramatically expanded the types of sign regulations that are considered content-based and presumptively unconstitutional under First Amendment principles. The decision significantly restricted the ability to regulate signs, thereby requiring localities around the country to revise their ordinances to comply.
Previously, federal courts in the Fourth Circuit (of which Virginia is a part) generally permitted localities to regulate signs differently based upon the message displayed so long as the regulation was viewpoint neutral and not intended to censor speech. Accordingly, many localities adopted sign regulations that treated signs differently based upon the subject matter of the sign’s message. Through Reed, the Supreme Court held that “a speech regulation is content-based if the law applies to a particular speech because of the topic discussed or the idea or message expressed,” thus calling many existing sign regulations into question.
As a result of the decision, several provisions within Hampton’s existing sign regulations are no longer enforceable. For example, “real estate signs” are a distinct category in the zoning ordinance, which requires that such signs “must provide information related to the lease or sale of only the building or premises on which the sign is located.” Real estate signs are treated differently from directional signs and other categories. After Reed, such a regulation is not enforceable. Except for very limited circumstances where government interests are considered “compelling,” the City cannot dictate in any manner whatsoever what message signs may or may not contain and cannot treat signs differently based upon their messages.
Approval of this amendment would redefine the following existing definitions: sign, abandoned non-conforming sign, awning/canopy sign, banner, discontinued sign, freestanding sign, ground-mounted sign, projecting sign, and wall sign. It would remove the following definitions: business/shopping center sign, construction sign, directory sign, exposure, festoons, illegal sign, menu board, permanently attached sign, political sign, public directory or information sign, and real estate sign. Finally, the amendment would create new definitions for feather sign, inflatable sign, interstate/arterial sign, lawn sign, public art, pylon sign, and temporary sign.
This amendment is being proposed in conjunction with ZOA 193-2016, pertaining to regulation of signs in chapter 10. The Planning Commission recommends approval of this amendment.
Recommendations:
Rec
Staff Recommendation:
Approve
Planning Commission Recommendation:
Approve
Body
WHEREAS, the public necessity, convenience, general welfare, and good zoning practice so require;
BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that section 2-2 of the zoning ordinance of the City of Hampton, Virginia be amended to read as follows:
Chapter 2 - DEFINITIONS
. . . .
Sec. 2-2. - Definitions.
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Sign. Any structure, wall fixture, object, display, or device that directs attention to or is intended to direct attention to the sign or to an object, product, place, activity, person, institution, organization, or business by means of temporary or permanent written copy, graphics, symbols, figures, fixtures, or projected images. The term shall not include public art; flags of any nation, state, or other geopolitical entity not related to a commercial business, product, or service; seasonal displays and decorations not advertising a product, service, or entertainment; or architectural features, except those that identify products or services or advertise a business use. The following terms and their definitions apply to the sign regulations in this ordinance:
Abandoned nonconforming sign-A sign installed in conjunction with an establishment where the establishment has not been in operation for at least two (2) consecutive years.
Awning/canopy sign-A type of wall sign attached to, printed on, or painted on an awning or canopy.
Banner-A type of temporary sign hung on a building, possessing characters, letters, illustrations or ornamentals applied to plastic or fabric.
Discontinued sign-A sign installed in conjunction with an establishment where that establishment has not operated for a period of at least ninety (90) consecutive days.
Establishment-For the purposes of signage only, any business, institutional, professional or religious entity which provides products or services, or any apartment, condominium, cluster home, townhouse for sale, or similar project. Only an entity which occupies a separate business space which is enclosed by walls and accessed and secured separately will be considered a single establishment. Any apartment, condominium, cluster home, townhouse for sale or similar project under single management or association will be considered a single establishment unless located on non-contiguous lots, in which case each non-contiguous grouping will be considered a separate establishment for purposes of this ordinance.
Feather sign---a type of temporary sign that is portable and mounted to one flexible vertical pole, the physical structure of which may resemble a sail, bow, or teardrop, the only movement of which is incidental to the movement of the atmosphere.
Freestanding sign-A sign that is permanently attached to the ground and not attached to or supported by a building.
Monument sign-A type of freestanding sign with a continuous vertical plane extending from the ground to the top of the sign.
Inflatable sign---a type of temporary sign that is located on the ground and which is enlarged or inflated by air or moving gas.
Interstate/arterial sign--- A type of freestanding sign located within a 1000’ radius of the intersection of the centerline of an interstate highway right-of-way and the centerline of an arterial street right-of-way (as listed in the comprehensive plan) with direct access to that interstate.
Lawn sign---a type of freestanding temporary sign typically supported by a wooden or wire frame.
Mural-A painted scene or other type of graphic that does not contain any copy and does not provide information concerning the establishment or any product, good or service offered by the establishment.
Nonconforming sign-A sign that does not conform to the regulations and restrictions prescribed for the district where the sign is located, but was permissible under previous provisions of this ordinance or predates this ordinance.
Off premises advertising sign-A permanently attached, freestanding sign that directs the attention of the general public to a business, service or activity not conducted or a product not offered or sold upon the premises where the sign is located.
Projecting sign-A type of wall sign attached to a building which projects perpendicularly from the building wall.
Public art - objects expressing creative skill or imagination in a visual form that do not contain any copy, which are intended to beautify or provide aesthetic influences to public areas or areas which are visible from the public realm, including but not limited to murals, paintings, and sculptures, rather than draw attention to an establishment.
Pylon sign---a type of freestanding sign that is mounted on one or more freestanding pylons or poles.
Roof sign-A sign attached to and extending vertically from the roof of a building.
Sandwich board sign-A temporary, moveable sign consisting of two sign faces placed together at an angle of ninety (90) degrees or less to form an "A"-shaped structure which tapers from a wide base to a narrow top.
Sign area-The larger of that area bounded by the outer extremities of all letters, figures, characters, and delineation, or the outer extremities of the framework or background of the sign; the sign area for a freestanding sign shall be contained in a continuous, unbroken plane or geometric shape. The support for the sign background, whether it be columns, a pylon, a building, or part thereof, shall not be included in the sign area and shall not be used to provide information or identification. When two (2) sign faces are parallel, back to back, continuously enclosed, and not more than thirty-six (36) inches from each other, only one (1) face shall be included in the computation of the sign area; otherwise each sign face shall be included in the computation of sign area.
Sign face-Any side of a sign providing information or identification.
Sign height-The vertical distance measured from the surface grade of the lot to the highest point of the sign.
Temporary sign --- a sign displayed for a limited period of time, which is neither permanently installed on the ground nor permanently affixed to a building or structure.
Wall sign-A sign that is permanently attached to, erected, or painted on the outside wall of a structure, or which extends from a building wall, including projecting signs and awning signs.
Window sign-A sign that is attached to, or located behind a window that exceeds thirty-three (33) percent of the window area.
. . . .