Title
Ordinance to Amend and Reenact the Zoning Ordinance of the City of Hampton, Virginia by Amending Articles I through III of Chapter 10 Entitled “Signs” Pertaining to Intent of Sign Regulations; Administration and Enforcement of Sign Regulations; Permitted, Prohibited, and Exempt Signs; Requirements of Permitted Signs; and Adoption of Tables of Freestanding, Wall, and Temporary Signage Permitted
Purpose
Background Statement:
This proposed amendment will update the sign chapter 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.
This proposed amendment and the accompanying amendment to the definitions in chapter 2 (ZOA 194-2016), would remove the regulations in the sign ordinance that depend on the sign’s content. It would maintain the regulations based upon content-neutral factors such as zoning district and use of the property. Signs permitted under the proposed ordinance may display any message about any topic, but must comply with other regulations such as the physical nature of the sign, duration of display, and location.
This proposed amendment would also make substantial housekeeping changes by consolidating regulations into three new tables of signage permitted, clarifying permitted signs by zoning district, and providing definitions for all sign types.
The Planning Commission recommended approval subject to a clarification that the general prohibition on movement of signs does not apply to changing messages on electronic signs.
Recommendations:
Rec
Staff Recommendation:
Approval of Planning Commission recommendation
Planning Commission Recommendation:
Approval with clarification that the general prohibition on movement of signs does not apply to changeable messages on electronic signs
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 articles I through III of chapter 10 of the zoning ordinance of the City of Hampton, Virginia be amended to read as follows:
CHAPTER 10 - SIGNS
ARTICLE I. - GENERAL SIGN REGULATIONS
Sec. 10-1. - Intent of sign regulations generally.
The purpose of this ordinance is to create the legal framework for a comprehensive but balanced system of signs, and thereby to facilitate harmonious and effective communication between people and their environment and to alleviate the proliferation of signs that are detrimental to the visual environment and economic vitality of Hampton. Further, the purposes of these sign regulations are also:
(1) To encourage the use of signs which are compatible with their surroundings;
(2) To maintain and enhance the aesthetic environment and the city’s ability to attract sources of economic growth;
(3) To minimize adverse impacts of signs on nearby public and private properties;
(4) To protect property values;
(5) To protect against inappropriate or hazardous visual encroachment and complement the characters of the city’s various neighborhoods and zoning districts.
(6) To enable the fair and consistent enforcement of sign regulations; and
(7) To protect the public’s health, safety, and welfare.
Sec. 10-2. - Applicability, administration, and enforcement of sign regulations.
(1) Applicability of articles.
The regulations contained in article I shall apply to all zoning districts in the city, unless expressly superseded by the specific provisions set forth in articles II or III. If there is a conflict between the requirements of the articles herein, the requirement of the more specific article shall apply.
(2) Administration and enforcement of chapter.
(a) It shall be unlawful to display, erect, paint, or otherwise maintain a sign except in conformance with this chapter.
(b) The definitions contained in chapter 2 of the zoning ordinance shall control except where specifically modified by this chapter.
(c) Characterization of contiguous zoning for purposes of applying the Table of Freestanding Signage Permitted shall be the following: contiguous zoning shall be the zoning classification of the properties which share a common property line with the subject property along a right-of-way, but not across any right-of-way. In cases where contiguous zoning is different, the more restrictive zoning classification shall be considered the contiguous zoning classification. In cases where there is no contiguous zoning, the maximum sign area for the district shall be permitted.
(d) This chapter, and the various parts, sections and clauses hereof, are hereby declared to be severable. If any part, section or clause is adjudged invalid, the remainder shall remain in full force and effect.
(3) Permit required.
Except where expressly provided, a permit shall be required prior to the erection, display, alteration, repair, or relocation of any sign, including sign face replacement. A permit shall not be required for routine maintenance or a change in changeable copy to a legally existing sign that results in no alteration to the sign structure.
(a) Permits for permanent signage shall be governed by the Uniform Statewide Building Code as set forth in chapter 9 of the city code of the City of Hampton.
(b) Permits for temporary signage, and any other signage exempt from the Uniform Statewide Building Code, shall be required to obtain a zoning permit as set forth in section 1-10 of the zoning ordinance.
(c) A complete permit application shall include the following:
(i) A fully completed Sign Permit Application in a form set forth by the City of Hampton, which shall include all information necessary to ascertain compliance with the city code and zoning ordinance; and
(ii) A non-refundable fee as set forth in section 9-42(i) of the city code for permanent signage and section 1-10 of the zoning ordinance for all other signage.
Sec. 10-3. - Prohibited signs.
The following types of signs are prohibited:
(1) Signs not expressly permitted in, or which violate any provision of, this chapter.
(2) Signs located on a public right-of-way or other city-owned property without a permitted encroachment agreement, which are subject to immediate removal without notice.
(3) Signs displayed on any vehicle unless the vehicle is licensed in accordance with state and local requirements and has a current state inspection.
(4) Abandoned nonconforming signs, which the city may order removal of provided the city gives the owner of the property on which the sign is located written notice to remove the sign. Such notice may not be given until the expiration of the two-year period necessary for the nonconforming sign to be considered abandoned. If, following such two-year period, the city has made a reasonable attempt to notify the property owner, the city through its own agents or employees may enter the property upon which the sign is located and remove any such sign whenever the owner has refused to do so. The cost of such removal shall be chargeable to the owner of the property. Nothing herein shall prevent the city from applying to a court of competent jurisdiction for an order requiring the removal of such abandoned nonconforming sign by the owner by means of injunction or other appropriate remedy.
(5) Discontinued signs, which shall require the owner of the property on which the discontinued sign is located to:
(a) Remove the copy from the sign face,
(b) Replace the sign face with a blank face, or
(c) Remove the sign structure.
Sec. 10-4. - Requirements generally applicable to all permitted signs.
(1) Height.
No sign shall project above the building part to which it is attached, except for roof signs where expressly permitted.
(2) Illumination.
(a) All signs may be externally or internally lighted unless such lighting is prohibited in this chapter. When externally illuminated, the light source shall be shielded so that it illuminates only the face of the sign and minimizes glare and light trespass on adjacent properties.
(b) In residential zones, signs may be internally illuminated, but if illuminated from external sources, shall be shielded so as to protect adjoining properties from glare.
(3) Movement.
No part of any sign may be in motion, such as by fluttering or rotating, whether by internal means or when set in motion by movement of the atmosphere. This prohibition shall not apply to feather or inflatable signs or the changing copy on electronic signs where permitted.
(4) Emissions.
No sign may produce odor, sound, smoke, flame, or other emissions.
(5) Traffic and pedestrian safety.
No sign may obstruct or impair access to a public sidewalk, public or private street or driveway, traffic control sign, bus stop, fire hydrant, or any other type of traffic or safety device.
(6) Maintenance.
All signs and sign structures must be maintained in good and safe structural condition and repair in accordance with the Virginia Uniform Statewide Building Code.
(7) Location.
(a) All signs must comply with zoning ordinance section 1-17 regarding vision clearance of corner lots.
(b) No less than 8 feet of clearance shall be provided between a sidewalk or pedestrian area and the lowest point of a hanging or projecting sign.
Sec. 10-5. - Freestanding and wall signs permitted.
(1) Freestanding and wall signs shall be permitted in accordance with the “Table of Freestanding Signage Permitted” and “Table of Wall Signage Permitted” as applicable and set forth in article III of this chapter.
(2) An additional Interstate/Arterial sign shall be permitted in all commercial districts as an optional incentive, provided the following conditions are met:
(a) The sign is 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.
(b) The sign complies with the City of Hampton Landscape Guidelines.
(c) All non-conforming signage otherwise located on the subject property is removed prior
to approval of the sign permit.
(d) The property upon which the sign is to be located has direct access
to the applicable arterial street.
(e) The sign shall not exceed 45’ in height.
(3) Additional signage incidental to certain primary uses.
In addition to the other permitted signs set forth in this section, the following signs are permitted in conjunction with certain permitted primary uses.
(a) In conjunction with an establishment with a drive-thru lane, two (2) freestanding signs per drive-thru lane, provided that the following provisions are met:
(i) The area of each additional freestanding sign shall not exceed 16 square feet when located in a front yard or a side yard and 24 square feet when located in a rear yard.
(ii) The maximum height of each freestanding sign shall be six (6) feet.
(iii) Each sign shall be located immediately adjacent to the applicable drive-thru lane.
(b) In conjunction with an automobile dealer, one (1) freestanding sign for each franchise provided that the signs are 100 linear feet apart.
(c) In conjunction with a gasoline supply station, the permitted sign set forth in the Table of Freestanding Signage Permitted may be increased by 24 square feet in sign area. In addition, each gasoline pump shall be permitted one (1) additional sign not to exceed two (2) square feet in sign area located on the pump.
(d) In conjunction with an educational or medical campus encompassing 50 or more acres that are contiguous or separated by a street:
(i) Up to two (2) freestanding signs may be permitted at each principal entrance provided that no more than one (1) sign shall be permitted at each side of the road or driveway.
(ii) Such signs shall not exceed 110 square feet in sign area and 12 feet in height.
(iii) Walls integrated into the design of a sign at the entrance to a campus shall not exceed 15 feet in height provided that no more than 25 percent of the wall shall be permitted at the maximum height.
(iv) All signs comply with the City of Hampton Landscape Guidelines.
(e) In conjunction with a home occupation, one wall sign not to exceed one (1) square foot in sign area.
(f) In conjunction with a public art display, one wall or freestanding sign not to exceed two (2) square feet in sign area.
(g) In conjunction with outdoor seating areas, one (1) sign located within the designated outdoor seating area, provided that the sign shall not exceed two (2) square feet in area and four (4) feet in height, shall not contain lighting, and shall be movable with flat footing.
(h) In conjunction with a building containing multiple establishments, one wall sign affixed to each establishment’s door or immediately adjacent thereto, not to exceed two (2) square feet in sign area.
Sec. 10-6 - Temporary signs permitted.
(1) Intent.
Temporary signs permitted in proximity to certain events or in conjunction with certain uses shall not be construed to regulate the message displayed on any sign.
(2) Temporary signs shall be permitted in accordance with the “Table of Temporary Signage Permitted” set forth in article III of this chapter.
Sec. 10-7 - Non-commercial signs permitted.
The following non-commercial signs are permitted in every zoning district in conformance with the general requirements of this chapter and do not require a sign permit:
(1) Traffic control devices and signs related to safety and circulation on public or private property, erected and maintained in accordance with the Manual on Uniform Traffic Control Devices, if applicable, not to exceed two (2) square feet of sign area unless required by law.
(2) Where a federal, state, or local law requires a property owner to post a sign on the owner’s property, not to exceed two (2) square feet of sign area unless required by law.
(3) Address numerals necessary for public safety officials to readily identify the address from the public street, which shall be proportional to the size of the building and the distance from the street to the building.
Sec. 10-8 - Off-premises advertising signs.
Off-premises advertising signs shall be permitted provided that the following provisions are met:
(1) Off-premises advertising signs shall be considered a permitted use upon those properties which contain such use as of September 1, 1988. Each site shall be identified as an "off-premises advertising site" on the official zoning maps of the City of Hampton and shall be available for public inspection in the offices of the zoning administrator and the director of community development. If any permitted off-premises advertising sign is relocated from an "off-premises advertising site" and if the zoning of the property is not M-2 or M-3, off-premises advertising shall not be considered a permitted use upon such property and the designation of the site as an "off-premises advertising site" shall be removed from the official zoning maps.
(2) Relocation of permitted off-premises advertising signs shall be permitted:
(a) Within the boundaries of the site upon which the structure was located on September 1, 1988, if zoned M-2 or M-3;
(b) On a contiguous lot, provided that such contiguous lot was created by subdivision from the lot on which the off-premises advertising sign was located on September 1, 1988, and retains common ownership, and is zoned M-2 or M-3;
(3) No off-premises advertising sign shall be relocated within a one thousand-foot radius drawn from the center point of any interchange of Interstate 64 or 664.
(4) Off-premises advertising sign height for signs primarily read from interstate highways shall not exceed thirty-five (35) feet in height above the elevation of the highway to which the sign is principally displayed, as measured at the point of pavement of such highway nearest to the sign; and shall not exceed twenty-six (26) feet in height in all other areas.
(5) Off-premises sign area shall not exceed six hundred (600) square feet per sign face when oriented primarily toward I-64 and three hundred (300) square feet per sign face in all other areas.
(6) All replacements of existing units shall be of a single pole construction and subject to the following criteria: the site is zoned M-2 or M-3, the current size does not increase, the height meets the provisions of this ordinance and construction shall comply with all applicable Virginia building code requirements.
(7) No additional faces shall be permitted in excess of the number that existed on September 1, 1988.
(8) All off-premises advertising signs shall comply with the "City of Hampton Landscape Guidelines”.
Sec. 10-9 - Signs exempt from regulation.
(1) Window signs, provided the total area of the signs shall not exceed 33 percent of the area of the window in which they are displayed.
(2) Murals.
(3) Letters less than 19 inches in height and one (1) inch in thickness carved into or constructed of the same material as the building frontage in such a way that they are an architectural detail of the building, provided that they are not illuminated apart from the building, are not made of a reflecting material, and are the same color as the building. For any letters greater than 19 inches in height, only 50 percent of the area shall be counted towards the maximum area for wall signs.
Sec. 10-10 - Non-conforming signs.
No nonconforming sign may be enlarged, extended, altered or relocated except as set forth in chapter 12 of this ordinance.
Any damaged or destroyed nonconforming sign requiring repairs at a cost of fifty (50) percent or more of the replacement cost of the sign shall be removed or brought into conformity with this ordinance. Replacement cost shall be calculated using a substantially similar sign with the same materials as the original sign and shall only include the cost of the supporting structure, foundation, and sign face(s).
ARTICLE II. - SUPPLEMENTAL SIGN REGULATIONS IN CERTAIN ZONING DISTRICTS
Sec. 10-11. - Supplemental sign regulations.
The supplemental sign regulations contained in article II shall supersede the general regulations contained in article I to the extent that they are specifically in conflict with article I.
Sec. 10-12. - O-MVC District sign regulations.
(1) In addition to the prohibitions set forth in article I of this chapter, the following signs shall be prohibited in the Magruder Visual Corridor Overlay (O-MVC) district:
(a) Signs painted on a building.
(b) Portable signs.
(c) Reader boards.
(d) Animated signs.
(e) Off-premises advertising signs.
(2) Limitations on permitted signs. Freestanding signs shall not exceed a height of five (5) feet above natural grade within 100 feet of any major road right-of-way, and within 100 feet of any intersecting street right-of-way for a distance of 300 feet to either side of the Magruder Boulevard right-of-way, and may increase one (1) foot in height for each additional 20 feet of setback, provided that other related provisions of the ordinance are met.
Sec. 10-13. - O-CC District sign regulations.
(1) Sign area shall be as permitted in article I of this chapter, however the following shall also apply in the O-CC District:
(a) No sign shall be painted on a building, accessory structure or fence.
(b) Parcels are required to have at least 50 feet of frontage on a public right-of-way in order to place a freestanding sign facing that right-of-way.
(c) No freestanding sign shall be located closer than 40 feet to any other freestanding sign.
(d) Except for interstate/arterial signs, all freestanding signs shall be ground-mounted monument signs as defined in this chapter.
(2) In an effort to address the special signage needs of the Coliseum Central area, modifications to the requirements of (1) above, to include additional sign area, may be permitted upon the approval of the Coliseum Central Design Review Committee (CCDRC), as defined in chapter 2. Such approval shall be based upon the sign package's ability to meet the following standards:
(a) The appropriateness to the type of activity to which it pertains;
(b) Compatibility with the character of the surrounding area;
(c) Compatibility with the architecture of the building and its incorporation into that architecture in a manner that does not obscure elements and details that define the building design;
(d) Sensitivity of placement to signs on adjacent parcels; and
(e) Consolidation of freestanding signs.
In no instance, however, shall the CCDRC allow the use of off-premises advertising that would not otherwise be permitted by this chapter. Should any request for additional sign area, or a change in the dimensions or location of a sign, be denied by the CCDRC, the request may be forwarded to the board of zoning appeals in the form of a variance. The CCDRC shall forward the rationale for their decision to the board of zoning appeals for consideration.
Sec. 10-14. - DT-1, DT-2 and DT-3 Districts sign regulations.
(1) Prohibited signs in the DT Districts. In addition to the prohibitions set forth in article I of this chapter, the following signs shall be prohibited within the DT Districts:
(a) Signs and parts thereof which move by spinning, rotating, or similar motion, and all forms of flashing or intermittent light, or any similar type devices, located on public or private property.
(b) Any window sign except those either specifically exempted in section 10-9 or those painted on a window surface.
(2) Signs in the DT Districts shall only be of the following types:
(a) Projecting signs.
(b) Wall signs. Signs may be attached flat against a storefront or building, or painted on glass surfaces.
(c) Freestanding signs.
(d) Awning/canopy signs.
(e) Sandwich boards.
(3) Lighting.
(a) All signs, if lighted, shall be indirectly illuminated by white-colored light, directed and/or shielded so that none of the lighted areas of the light source is visible from adjoining properties or rights-of-way, or may be internally illuminated in the case of a reverse-faced sign, in which the sign face is opaque and only the logo and/or letters are illuminated. Neon or similar gaseous discharge light shall be permitted.
(b) All forms of flashing or otherwise intermittent light are prohibited throughout the district.
(4) Materials. All exterior signs and sign supports shall be constructed of wood, non-corrosive metal, brick, fabric, neon, or similar gaseous discharge light, and shall be treated so as to be resistant to weathering, except that internally illuminated signs may contain plastic panels over the illuminated face. In all cases, lettering may be plastic.
(5) Optional incentives.
(a) It is the intent of this section to encourage outstanding sign design which reinforces the distinctive historic character of the DT Districts.
(b) A review board shall be established, composed of the community development director or designee, zoning administrator or designee, and three (3) representatives from the DT Districts. These three (3) representatives will act in an advisory capacity to the community development director and zoning administrator in the review of requests for incentive sign area.
(c) Upon application to and approval by the review board, a proposed sign may be granted additional sign area if it is adjudged to meet design criteria which exceed the minimum standards. The following incentives may be awarded:
(i) High-rise areas, defined as the four following areas: 1) the area bounded by Settlers Landing Road, South King Street, Rudd Lane, and Bridge Street; 2) the area bounded by Settlers Landing Road, Eaton Street extended, Wine Street extended, and the Hampton River; 3) the area bounded by Settlers Landing Road, Eaton Street, East Queen Street, and the Hampton River; and 4) the area bounded by Lincoln Street, Eaton Street, Syms Street extended, and Wine Street extended: an additional one hundred (100) square feet of sign area per frontage; and
(ii) Other areas, defined as the areas not comprising the high-rise areas described above nor being part of a parcel having frontage on Queens Way between West Queens Court and Wine Street or on Kings Way between Lincoln Street and Settlers Landing Road: additional sign area of up to sixty-five (65) square feet per frontage.
(d) In determining the eligibility of a proposed sign for such incentives, the review board shall consider:
(i) The proposed sign's general design and arrangement and any distinctive stylistic features or examples of skilled craftsmanship.
(ii) Height, proportion, relation to district entrances, materials, texture, color, lighting, details, scale, and styles of expression, and the extent to which the sign would be harmonious with or incongruous to the DT Districts, the architecture of the subject building, and adjacent buildings.
Sec. 10-15. - HRC-2 and HRC-3 Districts sign regulations.
(1) In addition to the prohibitions set forth in article I of this chapter, the following signs shall be prohibited in the HRC-2 and HRC-3 districts:
(a) Signs painted on a building.
(b) Off-premises advertising signs.
(c) Portable signs.
(d) Internally illuminated signs.
Sec. 10-16. - BB-3, BB-4 and BB-5 Districts sign regulations.
(1) Permitted locations and signs in the BB-3, BB-4, and BB-5 districts.
(a) Signs are permitted only on Mixed Use Lots or Special Lots as described in chapter 8, article 3.
(b) Types of signs permitted are the following:
(i) Wall signs.
(ii) Painted window signs.
(iii) Canopy signs.
(iv) Projecting signs.
(v) Sandwich board signs.
(2) Standards for signs in the BB-3, BB-4, and BB-5 districts.
(a) Internally illuminated signs (not including neon) are prohibited. Signs may be illuminated by backlighting or directional lighting done in a manner to minimize glare.
(b) Not more than 33 percent of the window surface area shall be covered by any combination of signs.
Sec. 10-17. - FM Districts sign regulations.
(1) General sign regulations for the FM Districts.
Signage shall generally be as permitted in article I of this chapter, however the following shall also apply:
(a) Permitted sign types include only:
(i) Wall signs, to include painted wall signs.
(ii) Window signs.
(iii) Awning/canopy signs.
(iv) Projecting signs.
(v) Sandwich board signs.
(b) Prohibited sign types include but are not limited to:
(i) Freestanding signs.
(ii) Changeable copy signs.
(iii) Inflatable signs.
(iv) Changeable electronic message signs.
(c) Sign illumination.
Internal illumination, except for neon or similar gaseous tubing signs, is prohibited.
(d) Sign area.
Total square footage of the sign area shall not exceed a ratio of 0.75 square feet of sign area for each linear foot of the building façade.
Sec. 10-18 - PH-1 District sign regulations.
(1) PH-1 general sign regulations.
Signage shall generally be as permitted in article I of this chapter, however the following shall also apply:
(a) Permitted sign types include only:
(i) Wall signs, to include painted wall signs.
(ii) Window signs.
(iii) Awning/canopy signs.
(iv) Projecting signs.
(v) Sandwich board signs.
(vi) Roof signs.
(b) Prohibited sign types include but are not limited to:
(i) Freestanding signs.
(ii) Changeable copy signs.
(iii) Inflatable signs.
(iv) Changeable electronic message signs.
(c) Sign illumination.
Internal illumination, except for neon or similar gaseous tubing signs, is prohibited.
(d) Sign area.
(i) Total square footage of the sign area shall not exceed a ratio of 0.75 square feet of sign area for each linear foot of the building façade.
(ii) Notwithstanding Sec. 10-18(2)(d)(i) above, signage painted directly on the wall of a building shall be permitted at a ratio not to exceed 1.5 square feet of sign area for each linear foot of the building façade, is permitted on any building façade, and shall not count toward the total number of facades which may hold otherwise-permitted wall signage.
(iii) Roof signs shall not exceed 180 square feet, shall not project more than 10 feet above the highest point of the building, and shall count toward the maximum number of otherwise-permitted wall signs.
Secs. 10-19--10-30 - Reserved.
ARTICLE III - TABLES OF SIGNAGE PERMITTED
Sec. 10-31 - Table of Freestanding Signage Permitted.
The attached table entitled, "Table of Freestanding Signage Permitted" is hereby declared to be a part of this article as if fully set forth herein.
Sec. 10-32 - Table of Wall Signage Permitted.
The attached table entitled, "Table of Wall Signage Permitted" is hereby declared to be a part of this article as if fully set forth herein.
Sec. 10-33 - Table of Temporary Signage Permitted.
The attached table entitled, "Table of Temporary Signage Permitted" is hereby declared to be a part of this article as if fully set forth herein.