Title
Ordinance to Amend and Re-Enact the Zoning Ordinance of the City of Hampton, Virginia by Amending Chapter 10 Entitled, “Signs” Pertaining to Temporary Signs and Flags
Purpose
Background Statement:
In 2015 the United States Supreme Court’s decision in Reed v. Town of Gilbert, AZ (2015) ruled that content-based restrictions on signs are presumptively unconstitutional. In 2016, the City of Hampton’s sign chapter was comprehensively updated in response to that ruling. For example, prior to 2016 the City permitted a specific number of “political signs” and “real estate signs,” which were subject matter/content based regulations. The 2016 Zoning Ordinance Amendment added a temporary sign table, which allows for additional temporary signs in proximity to Election Day: 1 sign per issue and per candidate on the ballot allowed; up to 100 days prior to the election; up to 32 sq. ft. in commercial districts and 8 sq. ft. in residential districts.
The current sign definition regulates and exempts “flags of any nation, state, or other geopolitical entity not related to a commercial business, product, or service”. This definition treats flags differently based upon the message displayed and is a content based restriction. This ordinance amendment removes that content based exemption and sets appropriate regulations for a sign type of flag.
Approval of this amendment would permit flags on lots with a one-family, two-family, or a duplex dwelling as the primary use with the following standards: flags shall be mounted on a flagpole or similar device; no more than two (2) flags, not to exceed 24 square feet in area per flag, permitted per parcel; no more than three (3) flags not to exceed two (2) square feet in area per flag, permitted per parcel. A permit would not be required to hang a flag or install a flag pole 5’ in height or under.
Approval of this amendment would permit flags on lots with a use other than a one-family, two-family, or a duplex dwelling as ...
Click here for full text