ORD-3442 AN ORDINANCE TO AMEND CITY ZONING ORDINANCE 1 SECTIONS 210 (PURPOSE AND INTENT; FINDINGS); 210.1 2 (SIGN PERMITS); 210.2 (DEFINITIONS); 211 (SIGNS 3 PERMITTED IN ALL DISTRICTS); 212 (PROHIBITED SIGNS); 4 213 (ILLUMINATION); 214 (SIGN HEIGHT, SETBACK AND 5 LANDSCAPING); 215 (NONCONFORMING SIGNS); 216 6 (OUTDOOR ADVERTISING STRUCTURES, BILLBOARDS, 7 SIGNBOARDS AND POSTER PANELS); 217 (ELECTRONIC 8 DISPLAYS OF MOTOR VEHICLE FUEL PRICES); 218 9 (MAJOR ENTERTAINMENT VENUE SIGNS); 234 (HOME 10 OCCUPATION SIGNS); 303 (PRESERVATION DISTRICT 11 SIGN REGULATIONS); 403 AGRICULTURAL DISTRICT SIGN 12 REGULATIONS); 501 (RESIDENTIAL DISTRICT USE 13 REGULATIONS); 504 (RESIDENTIAL DISTRICT SIGN 14 REGULATIONS); 605 (APARTMENT DISTRICT SIGN 15 REGULATIONS); 705 (HOTEL DISTRICT SIGN 16 REGULATIONS); 805 (OFFICE DISTRICT SIGN 17 REGULATIONS); 901 (BUSINESS DISTRICT USE 18 REGULATIONS); 905 (BUSINESS DISTRICT SIGN 19 REGULATIONS); 1001 (INDUSTRIAL DISTRICT USE 20 REGULATIONS); 1005 (INDUSTRIAL DISTRICT SIGN 21 REGULATIONS); 1503 (RT-1 RESORT TOURIST DISTRICT 22 SIGN REGULATIONS); 1533 (RT-4 RESORT TOURIST 23 DISTRICT SIGN REGULATIONS); 2210 (CENTRAL 24 BUSINESS CORE DISTRICT SIGN REGULATIONS); 25 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 26 SECTION 6.3 (OR OCEANFRONT RESORT DISTRICT SIGN 27 REGULATIONS); ADD SECTION 210.01 (GENERAL SIGN 28 REGULATIONS), AND REPEAL SECTIONS 211.1 (ROADSIDE 29 GUIDE SIGNS); 212.1 (REMOVAL OF PROHIBITED SIGNS IN 30 PUBLIC PLACES); 212.2 (MOTOR VEHICLE SIGNS) 31 32 33 Sections Amended: City Zoning Ordinance Sections 210, 34 210.1, 210.2, 211, 212, 213, 214, 215, 216, 217, 218, 234, 303, 35 403, 501, 504, 605, 705, 805, 901, 905, 1001, 1005, 1503, 36 1533, 2210 and Oceanfront Resort District Form-Based Code 37 Section 6.3 38 39 Sections Added: City Zoning Ordinance Section 210.01 40 41 Sections Repealed: City Zoning Ordinance Section 211.1, 42 212.1, 212.2 43 44

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45 WHEREAS, the public necessity, convenience, general welfare and good zoning 46 practice so require; 47 48 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 49 VIRGINIA BEACH, VIRGINIA 50 51 That Sections 210, 210.1, 210.2, 211, 212, 213, 214, 215, 216, 217, 218, 234, 52 303, 403, 501, 504, 605, 705, 805, 901, 905, 1001, 1005, 1503, 1533, 2210 of the City 53 Zoning Ordinance and Section 6.3 of the Oceanfront Resort District Form-Based Code 54 are hereby amended, Section 210.01 of the City Zoning Ordinance is hereby added, 55 and Sections 211.1, 212.1, and 212.2 of the City Zoning Ordinance are hereby 56 repealed, to read as follows: 57 58 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 59

ALL DISTRICTS 60 61 B. SIGN REGULATIONS 62 63 Sec. 210. General regulations Purpose and intent; findings. 64

(a) The regulations set forth in this part shall apply to signs in all zoning 65 districts, including zoning districts listed in Section 102(a)(13). 66 67

(b) Any sign authorized by this ordinance may display any lawful 68 noncommercial message in lieu of any other message. In the case of on-site business 69 signs, only the party actually occupying the on-site business may use the signs to 70 express a noncommercial message. 71

(c) For purposes of determining the number of signs on a parcel or other 72 property, one (1) sign shall be considered to be a display or device containing elements 73 organized, related, and composed to form a single unit. Double-faced signs shall be 74 considered a single sign, provided that the faces are parallel or are not separated by an 75 angle greater than fifteen (15) degrees and are part of the same structure. 76

(d) The surface area of a sign shall be deemed to include the entire area 77 within a parallelogram, triangle, circle, semicircle or other regular geometric figure, 78 including all of the elements of the matter displayed, but not including blank masking, 79 frames or structural elements outside the sign surface and bearing no advertising 80 matter. The surface area of each face of a double-faced sign shall be included in 81 determining the surface area of such sign. 82

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(a) Purpose and intent. The purpose and intent of this part B of Article 2 is to 83 regulate the size, number, color, illumination, movement, materials, location, height, 84 condition and other physical characteristics, but not the content, of signs, thus 85 promoting the protection of property values, the character of the various neighborhoods 86 within the City, the creation and maintenance of a convenient, attractive and 87 harmonious community and the safety and welfare of pedestrians and wheeled traffic, in 88 a manner consistent with the constitutional guarantee of free speech. These regulations 89 attempt to achieve the proper balance among the commercial needs of businesses, the 90 needs of residents and visitors to be able to locate a business and find a desired 91 product, the rights of persons to exercise their First Amendment rights and the need to 92 create and preserve a visual environment that is conducive to the public health, safety 93 and welfare. 94 95 (b) Findings. The City Council finds that: 96 97

(1) Signs have a strong visual impact on the character and quality of a 98 community. They are an integral part of the cityscape and, as such, 99 can enhance or detract from the City’s image and character. As a 100 prominent part of the cityscape, they can attract or repel the viewer, 101 affect the safety of pedestrian and vehicular traffic. Their suitability 102 or appropriateness helps to define the way in which a community is 103 perceived; 104

105 (2) The appearance of a community is an important factor in its 106

economic well-being, as aesthetic considerations influence 107 economic value. Communities in which signage is orderly and 108 attractive and adequately serves the needs of businesses are 109 generally perceived as orderly and attractive; 110

111 (3) The primary function of a commercial sign is to provide 112

identification for a business. By helping consumers recognize that 113 they have arrived at their intended destination or by triggering an 114 impulse to make a purchase, signs help facilitate consumer 115 transactions that allow businesses to be successful. Successful 116 businesses make for vital local economies and a stable tax base; 117 and 118

119 (4) As the United States Supreme Court has noted, signs “take up 120

space and may obstruct views, distract motorists, displace 121 alternative uses for land, and pose other problems that legitimately 122

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call for regulation.” It is therefore important that the City regulate 123 signage in a manner that minimizes the adverse impacts of signage 124 while at the same time allowing signs to perform their primary 125 functions. 126

127 Sec. 210.01. General regulations. 128 129 (a) The regulations set forth in this part shall apply to signs in all zoning 130 districts, including zoning districts listed in Section 102(a)(13). 131 132 (b) Any permitted sign may display any lawful noncommercial message in lieu 133 of any other message: provided, however, that any such sign shall conform to all 134 applicable requirements pertaining to such sign, including, but not limited to, size, 135 height, duration, location, movement, materials and illumination. 136 137 (c) For purposes of determining the number of signs on a lot or zoning lot, 138 one (1) sign shall be considered to be a display or device containing elements 139 organized, related, and composed to form a single unit. Double-faced signs shall be 140 considered a single sign, provided that the faces are parallel or are not separated by an 141 angle greater than fifteen (15) degrees and are part of the same structure. 142 143 (d) The area of a sign shall be deemed to include the entire surface area 144 within a parallelogram, triangle, circle, semicircle or other regular geometric figure, 145 including all of the elements of the matter displayed, and other information, including 146 changeable copy and graphic displays, but not including blank masking, frames or 147 structural elements outside the sign surface and bearing no advertising matter or other 148 message. The area of each face of a double-faced sign shall be included in determining 149 the area of such sign. 150

(e) Except for marquee signs on buildings occupied by theaters, cinemas, 151 performing arts facilities or similar venues, or as may be allowed by Section 218 (major 152 entertainment venues), no sign shall consist of or contain more than two (2) faces. 153

(f) Where the regulations of a zoning district prescribe signage allowances or 154 permitted sign types within the district, such signage shall be deemed to be in addition 155 to signage allowed by the provisions of section 211 and signage allowed on public 156 property by applicable provisions of Chapter 3 or Chapter 33. 157

(g) Where an individual establishment not on a separate lot directly adjoining 158 a street is located in a shopping center within a district in which sign area allowances 159

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are determined by the linear distance of street frontage or lot line adjoining a street but 160 not constituting frontage, the sign area allowances of such establishment shall be 161 calculated on the basis of its occupancy frontage, which shall be treated for such 162 purposes as if it were street frontage. 163

Sec. 210.1. Sign permits. 164 165 Except as otherwise provided, no No sign, other than a sign authorized by 166 section 211, shall be erected, constructed, replaced, repaired , repainted or otherwise 167 displayed, unless a permit authorizing the same has been issued by the zoning 168 administrator. Fees for such permits shall be as set forth in section 8-31 of the City 169 Code. Applications for sign permits shall be made to the zoning administrator, who may 170 require such plans, diagrams and other information as may be necessary to determine 171 whether a proposed sign complies with the provisions of this ordinance, the Virginia 172 Uniform Statewide Building Code and any other applicable ordinance or regulation. 173 174 The zoning administrator shall approve or deny an application within thirty (30) 175 days of its submittal; provided, however, that if the application or accompanying 176 information is insufficient to allow a determination of compliance, he shall notify the 177 applicant and shall, in such case, approve or deny an application within thirty (30) days 178 of the date of submittal of all required information. Any application meeting the 179 requirements of this ordinance and other applicable provisions shall be approved, and 180 any application not meeting all applicable requirements shall be denied with a statement 181 of reasons for such denial. 182 183 Sec. 210.2. Definitions. 184 185 The following definitions shall apply to all regulations pertaining to signs in this 186 Ordinance, including regulations governing signs in zoning districts listed in Section 187 102(a)(13): 188 189 Awning sign. A sign painted or printed on the surface of an awning or canopy. 190 For purposes of this definition, an awning is a sheet of canvas or other material 191 stretched on a frame made of canvas, fabric, metal, or other material and affixed to and 192 projecting from a building or structure and used to keep the sun or rain off of a 193 storefront, window, doorway or deck. 194 195 Banner sign. A sign consisting of cloth displaying a message. 196 197

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Billboard. A sign, including the supporting sign structure, that advertises or 198 directs the attention of the general public to an establishment, business, product or 199 service that is located on a separate site from the billboard, but not including roadside 200 guide signs, public art sponsorship signs or other signs lawfully located on public 201 property. 202 203 Building frontage means the exterior length of that portion of a building occupied 204 exclusively by a single establishment. 205 206 Building identification sign. A type of wall sign that displays only the name or 207 address, or both, of the building on which it is located. 208 209 Cabinet sign or box sign. A sign that has one or more plastic, acrylic, or similar 210 material panels that may or may not be internally illuminated. The sign panels may be 211 either flat or shaped (pan face) and are attached to a metal frame (cabinet). 212 213 Canopy sign. A sign on a building canopy. For purposes of this definition, a 214 canopy is a rigid structure projecting from a building or structure and used to keep the 215 sun or rain off of a storefront window, doorway or deck. 216 217 Changeable copy sign. A sign having informational Informational content, such 218 as removable lettering, that can be readily changed or altered by manual means. 219 Changeable copy signs do does not include electronic displays signs. 220 221 Channel letter sign. A type of wall sign composed of letters and symbols 222 constructed and assembled as individual pieces, whether such pieces are individually 223 mounted or grouped together. 224 225 Electronic display sign. A sign containing light emitting diodes (LEDs), fiber 226 optics, light bulbs, plasma display screens or other illumination devices, or a series of 227 vertical or horizontal slats or cylinders that are capable of being rotated at intervals, that 228 are used to change the messages, intensity of light or colors displayed by such sign. 229 The term shall not include signs on which lights or other illumination devices display 230 only the temperature or time of day in alternating cycles of not less than five (5) 231 seconds. 232 233 Freestanding sign. A sign supported by structures or supports that are 234 independent of any building or other structure. 235 236

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Hanging sign. A sign that hangs from a soffit or other architectural feature of a 237 building or permanent structure or from a bracket affixed to a building wall. 238 239 Information board sign. A sign mounted within a display cabinet and displaying 240 information, such as a menu, an office or store directory or sales prices for goods, 241 concerning items offered for sale by an establishment located within the building located 242 in close proximity to the entrance to a building. 243 244 Major tenant. A single establishment that occupies the space in a building with a 245 building wall height of at least thirty-five (35) feet and with at least one (1) continuous 246 wall containing at least eighty (80) feet of building frontage. 247 248 Marquee sign. Any sign attached to or hung from a marquee. For the purpose of 249 this article, a marquee is a covered structure projecting from and supported by the 250 building with independent roof and drainage provisions and which is erected over a 251 doorway or doorways. 252 253 Monument sign. A freestanding sign supported primarily by internal structural 254 framework or integrated into landscaping or other solid structural features other than 255 support poles, the base of which is at least seventy-five (75) percent of the total width of 256 the sign. Monument signs have the following additional characteristics: 257 258 (a) The width of the base does not exceed twice the height of the total sign 259 structure and does not extend more than one (1) foot beyond either outside edge of the 260 face of the sign; 261 262 (b) The height of the base is between eighteen (18) inches and four (4) feet; 263 and 264 265 (c) The maximum height of the sign, as measured from ground level, does not 266 exceed eight (8) feet. 267 268 Neon sign. An illuminated sign containing a glass tube or tubes filled with neon, 269 other noble gases or phosphors, bent to form letters, symbols or other shapes. 270 271 Occupancy frontage. The exterior length of that portion of a building occupied by 272 a retail, office or other nonresidential use having at least one (1) exterior public 273 entrance. 274 275 Projecting sign. A sign that projects from and is supported by a wall or parapet of 276

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a building with the display surface of the sign in a plane perpendicular to the wall 277 surface to which it is affixed. 278 279 Sandwich board sign. A two-sided portable sign, hinged or attached at the top of 280 the sign panels, designed to be set out in front of the building which the sign is located 281 or carried by a person standing between the two sign panels. 282 283 Sign. Any structure, display, device or other object or thing, visible from any 284 public street or right-of-way, any area open to use by the general public, or any 285 navigable body of water, including, but not limited to, any word, letter, series of words or 286 letters, painting, mural, logo, insignia, emblem, service mark or other graphic or pictorial 287 representation, which that: (i) identifies or advertises, or directs or attracts attention to, 288 any product, merchandise, service, business or establishment, (ii) or which suggests the 289 identity or nature of any business or establishment, (iii) or which invites or proposes a 290 commercial transaction, or (iv) communicates a message of a noncommercial nature. 291 The term does not include architectural elements incorporated into the style or function 292 of a building, numerals signifying a property address, dates of erection, monumental 293 citations, commemorative tablets and the like when carved into stone, concrete or 294 similar material or made of bronze, aluminum or other permanent type construction and 295 made an integral part of the structure. 296 297 Table umbrella sign. A sign that is part of the fabric of, or affixed to the pole, of, a 298 table umbrella. 299 300 Temporary sign. A sign constructed of cloth, canvas, vinyl, paper, plywood, 301 fabric, or other lightweight material designed to be displayed and removed within a 302 limited period of time and neither permanently installed in the ground nor permanently 303 affixed to a building or structure permanently installed in the ground. 304 305 Traffic direction sign. A sign, whether temporary or permanent, oriented primarily 306 so as to be visible to vehicles entering the premises on which such sign is located. 307 308 Wall sign. A sign attached to or painted on the wall of a building or structure in a 309 plane parallel or approximately parallel to the plane of said wall. 310 311 Window sign. A sign posted, painted, placed, or affixed in or on a window 312 exposed to public view. An interior sign that faces a window exposed to public view and 313 that is located within three (3) feet of the window shall be considered a window sign. 314 315 Sec. 211. Signs permitted in all districts. 316

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317 The following types of signs are exempted from all of the provisions of this 318 ordinance, except for illumination, construction, and safety regulations and the following 319 standards: 320 321 (a) Public signs. Signs of a noncommercial nature and in the interest of, 322 erected by or on the order of, a public officer in the performance of his public duty, such 323 as directional signs, regulatory signs, warning signs, and informational signs. 324 [RESERVED] 325 326 (b) Temporary signs. 327 328

(1) Temporary signs announcing at the site of any public, charitable, 329 educational, religious or other noncommercial event or function, 330 located entirely upon the property on which such event or function 331 is held. Such signs shall be and (i) set back no less than seven (7) 332 feet from the property line,; and having (ii) a maximum sign area of 333 be no greater than thirty-two (32) square feet in area.; Such signs 334 shall (iii) be allowed no more than thirty (30) days prior to the event 335 or function and (iv) must be removed within seven (7) days after the 336 conclusion of the event or function. Such signs may be illuminated 337 in accordance with the restrictions set forth in section 213 hereof. If 338 building-mounted, such signs shall be flat wall signs and shall not 339 project above the roofline of the building to which they are affixed. 340 If freestanding, the height of any such sign shall be no more than 341 twelve (12) feet above ground level. 342

343 (2) Temporary signs of a commercial nature announcing at the site of 344

any business establishment holding a grand openings or other 345 special events or promotions, subject to the limitations as to size, 346 height and location set forth in subdivision (1) hereof. Such signs 347 shall not be displayed no more than three (3) times per year by at 348 any business or establishment, or nor for any period in excess of 349 seven (7) days. 350

351 (3) Temporary signs displayed upon balloons, subject to the 352

requirements of subdivisions (1) and (2) hereof, provided, however, 353 that balloons displaying such signs may, if affixed to the roof of a 354 building or structure, project no more than thirty (30) feet above the 355 roofline or, if affixed to the ground, have a height not exceeding 356

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thirty (30) feet from ground level. Such signs shall not exceed 357 seventy-five (75) square feet in surface area. 358

359 (4) Temporary signs giving notice of erected by civic leagues or 360

property owners’ associations’ that are holding or have scheduled a 361 meetings or events, provided that such signs shall be located on 362 property owned by the civic league or property owners’ association 363 holding the meeting or event. Such signs and shall be no greater 364 than thirty-two (32) square feet in area. No more than one (1) such 365 sign shall be permitted at each entrance to the neighborhood or 366 subdivision represented by the civic league or property owners’ 367 association. Such signs shall be in place for no more than fourteen 368 (14) days before the meeting or event of which the sign gives notice 369 or three (3) days after the meeting or event has been held. Such 370 signs may be illuminated in accordance with the restrictions set 371 forth in section 213. 372

373 (5) Temporary signs other than those allowed by the provisions of 374

subdivisions (1) through (4), subject to the following provisions: 375 376

a. Within a Preservation, Agricultural, Residential, Apartment, 377 or Historic and Cultural District, or a noncommercial area of 378 a PD-H1 or PD-H2 Planned Development District, a total of 379 sixteen (16) square feet of temporary signage shall be 380 allowed on a lot. Within all other districts, a total of thirty-two 381 (32) square feet of temporary signage shall be allowed on a 382 lot. No such sign shall be higher than eight (8) feet above 383 grade directly below such sign. 384

385 (c) Integral signs. Names of buildings, dates of erection, monumental 386 citations, commemorative tablets and the like when carved into stone, concrete or 387 similar material or made of bronze, aluminum or other permanent type construction and 388 made an integral part of the structure. [RESERVED] 389 390 (d) Private traffic direction signs Signs directing traffic movement onto a 391 premises or within a premises not exceeding four (4) square feet in area for each sign 392 not exceeding four (4) square feet in area. One (1) such sign shall be permitted at each 393 entrance or exit and at drive-through lanes. 394 395

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(e) Political campaign signs. Signs announcing candidates seeking public 396 political office and other data pertinent thereto shall be permitted up to a total area of 397 eight (8) square feet for each premises in a residential zone and thirty-two (32) square 398 feet in a commercial or industrial zone. Such signs shall be confined within private 399 property and shall not encroach into the visibility triangle at street intersections. 400 [RESERVED] 401 402 (f) Identification signs. Signs not exceeding one square foot in area and 403 bearing only property numbers, post box numbers, names of occupants of premises, 404 professional or other identification of premises not having commercial connotations. 405 [RESERVED] 406 407 (g) Construction signs. One (1) sign on each roadway frontage not exceeding 408 thirty-two (32) square feet in area on each roadway frontage adjoining an active 409 construction site and bearing only the names and addresses of the project, contractors, 410 architects, developers, planners, financial institutions, or engineers engaged in the 411 construction project and only during the time construction at such site or development 412 is actively underway under way. Such signs should shall set back no less than ten (10) 413 feet from any property line. 414 415 (h) Commercial signs used for political campaign advertising. Commercial 416 signs may be used for political campaign advertising. The political campaign 417 advertisement shall encompass the entire surface area upon which it is placed. The 418 advertisement shall be secured to the commercial sign in a manner acceptable to the 419 department of permits and inspections. [RESERVED] 420 421 (i) Sponsorship signs for public art exhibitions signs. Signs identifying 422 sponsors of exhibitions of public art authorized by the city council and located on public 423 property. Such signs shall be non-illuminated, no larger than one (1) square foot in area 424 and shall display only the name of a sponsor of the exhibition or the artist that created 425 the art work. [RESERVED] 426 427 (j) Signs for public schools and or private schools having curriculums similar 428 to public schools:. The following signs shall be permitted for public schools and private 429 schools having curriculums similar to public schools with the issuance of a sign permit 430 as provided for in Section 210.1: 431

(1) Wall signs. Schools may have a A maximum of two (2) wall signs 432 for each building wall facing a public street, as prescribed below.: 433

434

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a. One (1) square foot of wall signage for every two (2) linear 435 feet of each building wall facing a public street,. Said 436 signage shall not to exceed a maximum of one hundred 437 (100) square feet for each such wall, provided that signage 438 on any building wall located five hundred (500) feet or more 439 from a public street shall not exceed two hundred fifty (250) 440 square feet. 441

442 b. Any building wall located five hundred (500) feet or more 443

from a public street shall not exceed a maximum of two 444 hundred and fifty (250) square feet of signage for each such 445 wall. 446

447 (2) Freestanding monument signs, as prescribed below Schools may 448

have freestanding monument signs as prescribed below.: 449 450

a. Any For schools located on a lots with an area less than 451 fifteen (15) acres in area, shall be permitted one (1) 452 freestanding monument sign with a maximum of two (2) 453 faces of forty (40) square feet per face. 454

455 b. Any For schools located on a lots with an area of fifteen (15) 456

acres or more in size area, shall be permitted a maximum of 457 one (1) freestanding monument sign no greater than forty 458 (40) feet per face in area per abutting street, located at the 459 principal vehicular entrance of from each street. In no case, 460 shall there be more than one (1) freestanding monument 461 sign on each street. Each sign shall not exceed a maximum 462 of two (2) faces of forty (40) square feet per face. 463

464 c. No freestanding monument sign shall be installed within fifty 465

(50) feet of a residential use. 466 467

(k) Roadside guide signs. Roadside guide signs, subject to the provisions of 468 section 211.1. [RESERVED] 469 (l) Construction fence signs. Signs on temporary protective fencing erected 470 around a site at which demolition or construction is being carried on shall be allowed, 471 subject to the following requirements: 472 473

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(1) Other than safety information required or permitted by law or 474 regulation, signs shall display only information directly related to the 475 use or structure under construction or to be constructed after 476 demolition, and shall not display any other information, business or 477 advertising messages, including, without limitation, signage allowed 478 by subsection (g); 479

480 (2) (1) Signs consisting of banners, wraps or similar material shall be 481

securely affixed to the fence on which they are located, and any 482 portions of a sign that become partially detached shall be promptly 483 re-affixed to the fence; and 484

485 (3) (2) Signs and the fencing to which they are affixed shall be maintained 486

in good condition at all times and graffiti or other forms of 487 defacement shall be removed or repaired promptly. 488

489 (m) Signs for city-owned parks and recreation centers. The following signs 490 shall be permitted for city-owned parks and recreation centers: 491 492

(1) Wall Signs. City-owned parks and recreation centers may have a 493 maximum of two (2) wall signs for each building wall facing a public 494 street, as prescribed below: 495

496 a. One (1) square foot of wall signage for every two (2) linear 497

feet of each building wall facing a public street. Said signage 498 shall not exceed a maximum of one hundred (100) square 499 feet for each such wall. 500

501 b. Any building wall located five hundred (500) feet or more 502

from a public street shall not exceed a maximum of two 503 hundred and fifty (250) square feet of signage for each such 504 wall. 505

506 (2) Freestanding Signs. City-owned parks and recreation centers may 507 have freestanding monument signs as prescribed below: 508 a. Any city-owned park or recreation center located on a lot 509

with an area less than fifteen (15) acres shall be permitted 510 one (1) freestanding monument sign with a maximum of two 511 (2) faces of forty (40) square feet per face. 512

513

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b. Any city-owned park or recreation center located on a lot 514 with an area of fifteen (15) acres or more in size shall be 515 permitted one (1) freestanding monument sign per street, 516 located at the principal vehicular entrance of each street. In 517 no case, shall there be more than one (1) freestanding 518 monument sign on each street. Each sign shall not exceed a 519 maximum of two (2) faces of forty (40) square feet per face. 520

521 c. No freestanding monument sign shall be installed within fifty 522

(50) feet of a residential use. 523 524 Sec. 211.1. Roadside guide signs. 525 526 Roadside guide signs shall be permitted, subject to the following provisions: 527 528 (a) Signs shall be allowed only by resolution of the city council upon the 529 application of the owner or operator of a use or establishment operated exclusively for 530 cultural, literary, scientific or artistic purposes and on a not-for-profit basis; 531 532 (b) Applications for such signs, which shall include an application fee in the 533 amount of two hundred fifty dollars ($250.00), shall be made to the director of planning 534 on forms prescribed by him; 535 536 (c) No signs shall be larger than five (5) square feet in area or higher than 537 nine and one-half (9½) feet above ground level, and all such signs shall have a 538 minimum clearance from ground level to the bottom of the sign face of seven (7) feet; 539 540 (d) No use or establishment shall be the subject of more than three (3) 541 roadside guide signs; provided, however, that the city council may allow additional signs 542 if it finds that three (3) signs are insufficient to provide motorists with adequate guidance 543 to the use or establishment; 544 545 (e) Only the name of the use or establishment, a logo or other graphic symbol 546 indicating the type of use or establishment, a directional arrow and the mileage to the 547 use or establishment may be displayed. The lettering, graphic elements and 548 background shall be approved by the director of public works or his designee in 549 accordance with the standards for such signage adopted by the department of public 550 works; 551 552

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(f) Signs shall be erected only in the specific locations approved by the city 553 council as necessary to provide route confirmation and continuity of guidance to the use 554 or establishment. The department of public works may relocate a sign if necessary to 555 accommodate public signage requirements; and 556 557 (g) Signs shall be maintained in good condition at all times. Any sign not in 558 good condition shall be subject to removal and disposal by the department of public 559 works. 560 561 Sec. 212. Prohibited signs. 562 563 Except as otherwise provided, The the following signs shall be are prohibited: 564 565 (a) Signs which that imitate an official traffic sign or signal or which contain 566 the words “stop,” “go slow,” “caution,” “danger,” “warning,” or similar words of similar 567 import, except as provided in section 211(d). 568 569 (b) Signs which are that, by reason of their of a size, location, movement, 570 content, coloring, or manner of illumination, which may are likely to be confused with or 571 construed as a traffic-control device, or which that hide from view or obscure any traffic 572 or street sign or signal or which obstruct the view in any direction at a street or road 573 intersection. 574 (c) Signs in on any public right-of-way property in any zoning district, except 575 as otherwise expressly allowed provided in section 211(a) or section 211(k), or as 576 allowed in any zoning district listed in Section 102(a)(13) or Arts and Cultural District. 577 578 (d) Signs which advertise identifying or advertising an activity, business, 579 product, or service no longer produced or conducted on the premises upon which the 580 sign is located.; provided, however, that Where the owner or lessor of the premises is 581 seeking a new tenant, such signs may remain in place for not more than ninety (90) 582 days from the date of vacancy. 583 584 (e) Signs which that contain or consist of pennants, ribbons, streamers, 585 spinners, strings of light bulbs, or other similar moving devices. These Such devices, 586 when not part of any sign, are similarly also prohibited when intended to attract attention 587 to the establishment on which they are located. 588 589 (f) Signs which are pasted posted on or otherwise affixed attached to utility 590 poles, trees, or fences, or in an unauthorized manner to walls or other signs. 591 592

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(g) Signs advertising activities which that are illegal under federal, state or city 593 laws or regulations. 594 595 (h) Reserved. 596 597 (i) All portable or nonstructural signs, except for banner signs or sandwich 598 board signs as allowed in any form-based zoning district or Arts and Cultural District as 599 temporary signs as may be expressly allowed. For purposes of this ordinance, a sign 600 shall be considered as portable or nonstructural if it has no permanently mounted, self-601 supporting structure or is not an integral part of a building to which it is accessory. 602 603 (j) Signs oriented toward the Atlantic Ocean and Chesapeake Bay beaches 604 except for one (1) sign per zoning lot to identify the principal use located on that zoning 605 lot. Such sign, which may be illuminated, shall not have a total surface area in excess of 606 ten (10) square feet. [RESERVED] 607 608 (k) Except as otherwise provided, Signs signs projecting above the roofline 609 or to a height greater that than three-fourths (¾) of the vertical distance between the 610 eaveline and ridgeline of any other type of the roof of the building or structure on which 611 they are located; provided, however, that signs mounted on parapet walls may extend to 612 a height equal to, but no greater than, the height of the parapet wall. 613 (l) Signs in violation of section 33-114.1 of this Code, except for signs that 614 are allowed to encroach into the public right-of-way under the applicable regulations of 615 any zoning district listed in Section 102(a)(13) or Arts and Cultural District. 616 617 (m) Electronic display signs, except as expressly allowed by the city council in 618 conjunction with major entertainment venues and or as provided in Section 217 619 (electronic displays of motor vehicle fuel prices). 620 621 (n) Any sign that emits sound, smoke, vapor, particles, or odors. 622 623 . . . . 624 625 Sec. 212.1. Removal of prohibited signs in public places. [RESERVED] 626 627 The zoning administrator shall have the authority to remove and discard any sign 628 determined by him to be in violation of the preceding section and to be located upon 629 public property. Such authority shall be in addition to the authority conferred upon the 630 zoning administrator by section 103 of the zoning ordinance of the City of Virginia 631 Beach or by general law. 632

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633 . . . . 634

Sec. 212.2. Motor vehicle signs. [RESERVED] 635 636 (a) Signs displayed on motor vehicles operated or parked on a public street or 637 in such location as to be visible from the main traveled way of a public street shall be 638 permitted, provided the following requirements are met: 639

(1) The motor vehicle is not partially or totally disassembled by the 640 removal of tires and wheels, the engine or other essential parts 641 required for operation of the vehicle; or 642

643 (2) The motor vehicle displays valid license plates and a valid 644

inspection decal; 645 646 (3) The motor vehicle is not used solely for purposes of the display of 647

advertising; and 648 649 (4) No more than four (4) signs having a maximum combined area of 650

two hundred fifty (250) square feet shall be simultaneously 651 displayed on a motor vehicle, and no sign shall exceed ninety (90) 652 square feet in area; provided, however, that the provisions of this 653 subdivision shall not apply to buses, trolleys or other motor vehicles 654 used primarily for purposes of providing public transportation or to 655 motor vehicles on which signs exclusively advertise the business of 656 the owner of the vehicle. 657

658 (b) No motor vehicle shall be driven on any street within a residential 659 subdivision for the purpose of displaying advertising, except as required by detour or 660 upon order of a public safety employee of the city or state. 661 662 (c) The following types of signs shall be prohibited while the motor vehicle on 663 which they are displayed is operated or parked on a public street or in such location as 664 to be visible from the main traveled way of a public street: 665 666

(1) Flashing, pulsating or blinking signs; 667 668

(2) Signs in which the message displayed changes more frequently 669 than once every four (4) seconds; 670

671

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(3) Electronic changeable copy signs, including signs containing light 672 emitting diodes (LEDs), fiber optics, light bulbs or other illumination 673 devices used to change the advertising displayed by such signs; 674 and 675

676 (4) Signs that project more than one (1) foot above the portion of the 677

motor vehicle to which they are affixed or that obscure the vision of 678 the driver of the motor vehicle or of other motorists. 679

680 (d) Any sign greater than fifteen (15) square feet in area that is displayed on a 681 motor vehicle for purposes of advertising a business other than that of the owner of the 682 vehicle shall require an annual permit issued pursuant to the provisions of section 683 210.1. The fees for such permits shall be in accordance with the provisions of section 8-684 31(c)(13) of the City Code. 685 686 (e) Violations of any of the provisions of this section shall be punishable in 687 accordance with section 104. 688 689 (f) For purposes of this section: 690 691

(1) “Motor vehicle” shall be defined in accordance with section 46.2-692 100 of the Code of Virginia or any successor statute, and shall also 693 include any trailer or other vehicle drawn by or affixed to a motor 694 vehicle; 695

696 (2) “Owner” shall be defined as set forth in section 46.2-100 of the 697

Code of Virginia or any successor statute, and shall also include a 698 lessee of a motor vehicle under a written lease. 699

700 . . . . 701

702 Sec. 213. Illumination. 703 704 (a) The light from any illuminated sign shall be so shaded, shielded or 705 directed that the light intensity or brightness shall not adversely affect surrounding or 706 facing premises nor adversely affect safe vision of operators of vehicles moving on 707 public or private roads, highways, or parking areas. Light shall not shine or reflect in an 708 offensive manner on or into residential structures, including motels. 709 710

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(b) No exposed reflective type bulbs or incandescent lamps shall be used on 711 the exterior surface of any sign in such a manner that will cause offensive glare on 712 adjacent property or create a traffic hazard. 713 714 (c) No sign shall have contain or consist of blinking, flashing or fluttering 715 intermittent lights or other similar illuminating devices, which are so whether or not such 716 devices constructed and operated as to constitute a public safety or traffic hazard. 717 718 . . . . 719

720 Sec. 214. Sign height, setback and landscaping. 721 722 (a) No freestanding sign shall exceed twelve (12) feet in height from ground 723 level at the base of such sign. 724 725 (b) No freestanding sign shall be set back less than seven (7) feet from any 726 existing public right-of-way; provided, however, that a freestanding sign having a height 727 of eight (8) feet or less may be set back five (5) feet from any such right-of-way. The 728 minimum sign setback from interstate roadways and expressways designated by the 729 city council shall be one hundred (100) feet. 730 731 (c) There shall be a minimum of seventy-five (75) square feet of landscaped 732 area around any freestanding sign, which area may include landscaping required by 733 section 5A of the site plan ordinance. All such landscaping shall be maintained in good 734 condition at all times by the owner, lessee or occupant of the premises upon which such 735 sign is located. 736 737 A minimum of seventy-five (75) square feet of planted area shall be provided 738 around any freestanding sign, in accordance with the following requirements: 739 740

(1) Planting materials shall include a combination of grass, ground 741 cover and low shrubs not exceeding a height of three (3) feet at 742 maturity or design elements used in conjunction with the sign, not 743 exceeding the three (3) foot height limit; 744

745 (2) All plant materials shall be placed in a defined planting area, which 746

shall be a minimum of six (6) feet in width and shall be maintained 747 so as not to obstruct the view of the sign face on either side; 748

749

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(3) All plant materials shall be subject to the approval of the planning 750 director or his designee in accordance with established industry 751 standards; 752

753 (4) Landscaping shall be compatible with parking lot plantings in order 754

to help achieve the goal of a unified project design; and 755 756 (5) Landscaping shall be included as a credit in the calculation of any 757

required parking lot landscaping as specified in Section 5A of the 758 Site Plan Ordinance (Parking Lot and Foundation Landscaping). 759

760 (d) Freestanding signs, including replacements of sign faces, shall display the 761 street number of the property upon which the sign is located. Such display shall consist 762 of numerals no larger than twelve (12) inches and no less than six (6) inches in height 763 and shall be located within, but not extended above, the top portion of the face of the 764 sign, unless impractical. The portion of the sign displaying the street number shall not 765 be deemed a part of the sign for purposes of measuring the surface area of such 766 767 . . . . 768 769 Sec. 215. Nonconforming signs. 770 771 (a) Notwithstanding the provisions of section 105(f) of this ordinance, no 772 nonconforming sign shall be structurally altered, enlarged, moved or replaced, whether 773 voluntarily or by reason of involuntary damage to or destruction of such sign, unless 774 such sign is brought into compliance with the provisions of this ordinance. Except as 775 provided in section 216, no nonconforming sign shall be repaired at a cost in excess of 776 fifty (50) percent of its original cost unless such sign is caused to comply with the 777 provisions of this ordinance. Any nonconforming sign which is not maintained 778 continuously in good repair in an unsafe condition, and any nonconforming sign which is 779 abandoned shall be removed. 780 781 (b) For purposes of this section, a sign shall be deemed to be abandoned if 782 the business for which the sign was erected has not been in operation for a period of at 783 least two (2) years. Following the expiration of at least two (2) years, any Any 784 abandoned nonconforming sign that has been abandoned for a period of two years or 785 longer shall be removed by the owner of the property on which the sign is located, after 786 notification by the zoning administrator. If, following such two-year period, the zoning 787 administrator has made a reasonable attempt to notify the property owner, the city 788 through its own agents or employees may enter the property upon which the sign is 789

21

located and removed any such sign wherever the owner has refused to do so. The cost 790 of such removal shall be chargeable to the owner of the property. Nothing herein shall 791 prevent the city from applying to a court of competent jurisdiction for an order requiring 792 the removal of such abandoned nonconforming sign by the owner by means of 793 injunction or other appropriated remedy. For purposes of this section, a sign shall be 794 deemed to be abandoned if the business for which the sign was erected has not been in 795 operation for a period of at least two (2) years. 796 797 (b) (c) Notwithstanding the provisions of subsection (a) hereof, the zoning 798 administrator may, at his discretion and with the concurrence of the director of planning, 799 vary the requirements of this ordinance pertaining to the allowed number of signs, total 800 sign area, individual sign area, number of freestanding signs and height of freestanding 801 signs in cases in which the owner of a sign or other proper party desires to repair, 802 replace, relocate or structurally alter an existing nonconforming sign or combination of 803 signs and such repair, replacement, relocation or structural alteration is not required, or 804 has not been made necessary, by reason of damage, destruction, deterioration, 805 disrepair or noncompliance with applicable building code standards or any of the 806 provisions of this ordinance; provided, however, that the regulations set forth in 807 subsections (c) and (d) of section 944.1 of this ordinance shall not be so varied. 808 (c) (d) Nothing in this section shall be construed to limit or otherwise impair the 809 right of any proper party to apply to the board of zoning appeals for a variance from any 810 of the sign regulations set forth in this ordinance. 811 812 . . . . 813 814 Sec. 216. Outdoor advertising structures, billboards, signboards and poster 815 panels. 816 817 (a) No new billboards shall be erected within the city limits, effective 818 immediately. All existing billboards shall be governed by the provisions of section 215 of 819 this ordinance. No billboard heretofore erected shall be located, in whole or in part, 820 upon improved property. 821 822 (b) No billboard shall be located within five hundred (500) feet of an 823 interchange, or intersection at grade, on any highway, interstate or city council 824 designated expressway (measured along the highway, interstate or expressway to the 825 nearest point of the beginning or ending of pavement widening at the exit from or 826 entrance to the main traveled way). On all other streets, no billboard shall be located 827 within two hundred (200) feet of any right-of-way of any underpass, overpass, bridge or 828 tunnel or a plaza serving such facility. 829

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830 (c) No billboard shall be located closer than within: (i) fifty (50) feet to of any 831 property line; nor located closer than (ii) six hundred sixty (660) feet to of the right-of-832 way line of any interstate or expressway designated by city council;, nor closer than (iii) 833 twenty-five (25) feet to of the right-of-way of any other street; or . However, no billboard 834 shall be located within (iv) two hundred (200) feet of any established residential or 835 apartment zoning district. No billboard shall be located upon any lot having a street 836 frontage of less than two hundred (200) feet and an area of less than ten thousand 837 (10,000) square feet. 838 839 (d) The repair of lawfully nonconforming billboards visible from the main 840 traveled way of any interstate highway, federal-aid primary highway, as that system 841 existed on June 1, 1991, or national highway system highway shall be governed by the 842 provisions of Virginia Code section 33.2-1219, the regulations promulgated thereunder 843 or any successor statute or regulation. No building permit authorizing the repair of any 844 such billboard shall be issued unless the owner of the billboard provides to the building 845 codes administrator a letter from the commonwealth transportation commissioner 846 approving the proposed repairs. In the event the building codes administrator 847 determines that the cost of the proposed repairs exceeds fifty (50) percent of the 848 replacement cost of the billboard, he shall, within thirty (30) days of the filing of the 849 building permit application, submit an objection to the determination of the 850 commissioner, together with documentation supporting such objection. A copy of such 851 objection and documentation shall be provided to the billboard owner. The 852 determination of the commissioner upon reconsideration shall be binding. 853 854 (e) Nothing in this section shall be construed to prohibit the display of signs 855 allowed pursuant to subsections (i) and (k) of section. 856 857 Sec. 217. - Electronic displays of motor vehicle fuel prices. 858 859

Motor vehicle fuel prices may be displayed on an electronic display sign, subject to 860 the following requirements: 861

(a) The electronic display portion of any such sign shall be limited to showing the 862 price per gallon, expressed numerically, of the motor vehicle fuels offered for 863 sale on the premises. No electronic display panel shall be illuminated except as 864 permitted by this subsection. 865

(ba) Such signs shall be allowed only pursuant to a conditional use permit 866 authorizing an automobile service station at which motor vehicle fuels are 867 offered for sale or at establishments for which a conditional use permit allowing 868 such fuel sales has previously been granted and remains in effect. 869

23

(cb) Such signs shall conform to the following requirements: 870 (1) No more than one such sign shall be permitted on any zoning lot; 871 (2) Such signs shall be monument-style, as defined in section 210.2, and no 872

such sign, including the base, shall exceed a height of eight (8) feet; 873 (3) No such sign shall have more than three separate panels capable of 874

displaying information electronically, and each such panel shall be limited to 875 the display of a single grade of fuel. The total area of the portion of that sign 876 that is capable of electronic displays shall not exceed twelve (12) square 877 feet in area; 878

(4) The pixel pitch of the electronic display portion of such signs shall be 879 nineteen (19) millimeters or smaller; 880

(5) Fuel prices shall not be changed more often than two (2) times in any 881 twenty-four (24) hour period, and scrolling, flashing, blinking or any other 882 type of intermittent movement or illumination of elements of the electronic 883 display shall be prohibited. Change sequences shall be accomplished by 884 means of instantaneous re-pixelization; 885

(6) Electronic displays shall consist of no more than two (2) colors; 886 (7) Audio speakers on, or electronically connected to, such signs shall not be 887

permitted; 888 (8) Such signs shall not exceed a maximum illumination of five thousand 889

(5,000) candelas per square meter from sunrise to sunset or five hundred 890 (500) candelas per square meter between sunset and sunrise, as measured 891 from the sign face at maximum brightness, and shall be equipped with a 892 working dimmer control device capable of automatically reducing the 893 illumination to the required sunset-to-sunrise level. Prior to the issuance of 894 a sign permit, the applicant shall provide written certification from the sign 895 manufacturer that the light intensity has been factory pre-set not to exceed 896 the maximum intensity level; and 897

(9) The electrical service lines providing power to such signs shall be 898 underground. 899

900 Sec. 218. Major entertainment venue signs. 901 902 Signage for major entertainment venues, other than signage otherwise allowed, 903 shall be allowed only with the approval of the City Council and shall be subject to the 904 following requirements: 905 . . . . 906 907 (d) The City Council shall consider the following criteria in acting upon an 908 application: 909

24

910 (1) The extent to which the proposed signage is consistent with 911

applicable sign regulations and Sign Design Guidelines, if any, of 912 the district; 913

914 (2) The extent to which the proposed signage is consistent with the 915

recommendations of the Comprehensive Plan; 916 917

(3) The extent to which the scale, color, materials, shape, illumination 918 and landscaping of the proposed signage, considered as a whole, 919 is compatible with surrounding properties; 920

921 (4) The impact of the proposed signage on traffic safety, taking into 922

consideration the degree to which view obstructions are created or 923 improved, avoidance of confusion with or obstruction of traffic 924 control signs and devices, and other safety-related factors; and 925

926 (5) The degree to which the proposed signage is integrated into a 927

unified development concept, considering the building design, other 928 signs, landscaping, traffic circulation, and other development 929 features of the property. 930

931 . . . . 932

933 C. CONDITIONAL USES AND STRUCTURES. 934

. . . . 935 936 Sec. 225.1. Bed and breakfast inns. 937 938 In addition to general requirements, bed and breakfast inns shall be subject to 939 the following requirements, which shall be deemed to be conditions of the conditional 940 use permit: 941 942 . . . . 943 (4) Notwithstanding any contrary provision of this ordinance, signage shall be 944 limited to one (1) identification sign not exceeding nine (9) square feet per 945 face. 946 947 . . . . 948

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949 Sec. 234. Home occupations. 950 951 In districts where they are generally permitted, an occupation may be conducted 952 in a dwelling unit, provided that: 953 954 (c) No identification sign shall be permitted. However, as an exception, the 955 city council, upon a finding that a sign would not be detrimental to the surrounding 956 neighborhood, may as a condition of the use permit allow up to one (1) sign, 957 nonilluminated, not to be illuminated or to exceed one (1) square foot in area, mounted 958 flat against the wall of the residence. 959

. . . . 960 961 ARTICLE 3. PRESERVATION DISTRICT 962 963 . . . . 964 965 Sec. 303. Sign regulations. 966 967 Within the P-1 Preservation District, except as may be permitted by the 968 conditional use permit authorizing a specific use, only one (1) sign, not exceeding 969 twelve (12) square feet in area, shall be permitted on any zoning lot in connection with 970 any use. No sign shall be directly illuminated or mounted located closer than ten (10) 971 feet to the property line fronting the street or be higher than eight (8) feet above the 972 ground elevation. 973 974 . . . . 975 976 ARTICLE 4. AGRICULTURAL DISTRICTS. 977 . . . . 978 979 Sec. 401. Use regulations. 980 981 . . . . 982 983 (b) Accessory uses and structures. Uses and structures which are customarily 984 accessory and clearly incidental and subordinate to principal uses and structures, 985 including but not limited to, an accessory activity operated for profit in a residential 986 dwelling unit where (i) there is no change in the outside appearance of the building or 987 premises or any visible or audible evidence detectable from outside the building lot, 988

26

either permanently or intermittently, of the conduct of such business except for one (1) 989 nonilluminated identification sign not more than one (1) square foot in area mounted flat 990 against the residence; (ii) no traffic is generated, including traffic by commercial delivery 991 vehicles, by such activity in greater volumes than would normally be expected in the 992 neighborhood, and any need for parking generated by the conduct of such activity is 993 met off the street and other than in a required front yard; (iii) the activity is conducted on 994 the premises which is the bona fide residence of the principal practitioner, and no 995 person other than members of the immediate family occupying such dwelling units is 996 employed in the activity; (iv) such activity is conducted only in the principal structure on 997 the lot; (v) there are no sales to the general public of products or merchandise from the 998 home, except for agricultural products, or agricultural-related products, incidental to an 999 agricultural operation on which the dwelling unit is located; and (vi) the activity is 1000 specifically designed or conducted to permit no more than one (1) patron, customer, or 1001 pupil to be present on the premises at any one time. Notwithstanding the provisions of 1002 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 1003 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 1004 persons on the premises at any one time in connection with the performance of such 1005 rites, provided that all other requirements of subdivision (b)(2) are met. The following 1006 are specifically prohibited as accessory activities: Convalescent or nursing homes, 1007 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 1008 television repair shops, auto repair shops, or similar establishments. 1009 1010 . . . . 1011 1012 Sec. 403. Sign regulations. 1013 1014 Signs within the AG-1 and AG-2 Agricultural Districts shall be permitted as 1015 follows: 1016 1017 (a) Not to exceed one identification Except as may be permitted by the 1018 conditional use permit authorizing a specific use, one sign not more greater than sixteen 1019 (16) square feet in area for at each principal entrance or frontage of any use shall be 1020 permitted, except for religious uses and educational institutions, for which the maximum 1021 area per sign shall not exceed be thirty-two (32) square feet. 1022 1023 (b) A maximum of four (4) Signs advertising signs located on property for 1024 sale, lease or rent, provided that no such sign shall exceed thirty-two (32) square feet in 1025 area, and that not more than one such sign shall be erected for each one hundred (100) 1026 feet of lot line at the adjoining a public street. right-of-way, and that not more than four 1027 (4) such signs shall be erected on any property. Any property having less frontage or lot 1028

27

line adjoining a street may have one (1) sign not exceeding sixteen (16) square feet of 1029 surface area. 1030 1031 (c) Agricultural products signs Signs displayed on any farm or ranch by the 1032 owner or operator for the purpose of identifying such farm and advertising engaged in 1033 the products or crops thereof production, cultivation, growing, harvesting or processing 1034 of agricultural products, or the raising or keeping of livestock; provided that no such sign 1035 shall exceed thirty-two (32) square feet in area, that not more than one (1) such sign 1036 shall be erected for each five hundred (500) feet of lot line at the adjoining a public 1037 street right-of-way, and that such signs shall be removed promptly following the harvest 1038 season. In no event shall such signs not be displayed for over more than six (6) months 1039 in any calendar year. 1040

1041 . . . . . 1042 1043 ARTICLE 5. RESIDENTIAL DISTRICTS. 1044 1045 . . . . 1046 1047 Sec. 501. Use regulations 1048 . . . . 1049 1050 (b) Accessory uses and structures. Uses and structures which are 1051 customarily accessory and clearly incidental and subordinate to principal uses and 1052 structures and where such accessory structures do not exceed the height of the 1053 principal structure and, in all residential zoning districts, except for R-30 and R-40, do 1054 not exceed five hundred (500) square feet of floor area or twenty (20) percent of the 1055 floor area of the principal structure, whichever is greater. In the R-30 and R-40 1056 residential zoning districts, accessory uses and structures shall not exceed thirty (30) 1057 percent of the floor area of the principal structure. Such accessory uses and structures 1058 include but are not limited to: 1059 . . . . 1060 1061

(5) An accessory activity operated for profit in a residential dwelling 1062 unit where (i) there is no change in the outside appearance of the 1063 building or premises or any visible or audible evidence detectable 1064 from outside the building lot, either permanently or intermittently, of 1065 the conduct of such business except for one (1) nonilluminated 1066 identification sign not more than one (1) square foot in area 1067 mounted flat against the residence; (ii) no traffic is generated, 1068

28

including traffic by commercial delivery vehicles, by such activity in 1069 greater volumes than would normally be expected in the 1070 neighborhood, and any need for parking generated by the conduct 1071 of such activity is met off the street and other than in a required 1072 front yard; (iii) the activity is conducted on the premises which is the 1073 bona fide residence of the principal practitioner, and no person 1074 other than members of the immediate family occupying such 1075 dwelling units is employed in the activity; (iv) such activity is 1076 conducted only in the principal structure on the lot; (v) there are no 1077 sales to the general public of products or merchandise from the 1078 home; and (vi) the activity is specifically designed or conducted to 1079 permit no more than one (1) patron, customer, or pupil to be 1080 present on the premises at any one time. Notwithstanding the 1081 provisions of clauses (ii) and (vi) hereof, ministers, marriage 1082 commissioners and other persons authorized by law to perform the 1083 rites of marriage may permit a maximum of eight (8) persons on the 1084 premises at any one time in connection with the performance of 1085 such rites, provided that all other requirements of subdivision (b)(5) 1086 are met. The following are specifically prohibited as accessory 1087 activities: Convalescent or nursing homes, tourist homes, massage 1088 or tattoo parlors, body piercing establishments, radio or television 1089 repair shops, auto repair shops, or similar establishments. 1090

1091 . . . . 1092 1093 Sec. 504. Sign regulations. 1094 1095 In all Residential Districts, signs shall be permitted as follows: 1096 1097 (a) For residential subdivisions, there shall be permitted one (1) identification 1098 sign not more greater than thirty-two (32) square feet in area for at each principal 1099 entrance or frontage of any use. 1100 1101 (b) A maximum of two (2) Signs advertising signs located on property for sale, 1102 lease or rent shall be permitted, provided that no such sign shall exceed eight (8) 1103 square feet in area and that not more than two (2) such signs shall be erected for each 1104 lot. 1105 1106 (c) In the case of subdivisions under construction or development, one (1) 1107 sign not exceeding one hundred (100) square feet in surface area shall be permitted at 1108

29

each principal entrance or frontage for a period of two (2) years following the initiation of 1109 construction or development. Upon the expiration of such period, there shall be 1110 permitted one (1) sign not exceeding sixty-four (64) square feet in surface area for an 1111 additional period of three (3) years; provided, however, that any such sign shall be 1112 removed when ninety (90) percent of the property has been sold or leased, or upon the 1113 expiration of five (5) years following the initiation of construction or development, 1114 whichever first occurs. 1115 . . . . 1116 1117 ARTICLE 6. APARTMENT DISTRICTS. 1118 . . . . 1119 1120 Sec. 605. Sign regulations. 1121 1122 Within all Apartment Districts, signs shall be permitted as follows: 1123 1124 (a) For subdivisions there shall be permitted one (1) identification sign not 1125 more greater than thirty-two (32) square feet in area for at each principal entrance or 1126 frontage of any use. 1127 1128 (b) Signs advertising A maximum of two (2) signs located on property for sale, 1129 lease or rent shall be permitted, provided that no such sign shall exceed eight (8) 1130 square feet in area and that not more than two (2) such signs shall be erected for each 1131 lot. Any property having less frontage or lot line adjoining a street may have one (1) sign 1132 not exceeding four (4) square feet of surface area. 1133 1134 (c) In the case of new multiple-family dwellings, one (1) sign not exceeding 1135 one hundred fifty (150) square feet in area may be erected at each principal entrance or 1136 frontage to facilitate occupancy. Any such sign must shall be removed when seventy 1137 (70) percent of the property is occupied, or leased, or after a period of twenty-four (24) 1138 months from the date on which a certificate of occupancy is first issued, whichever 1139 comes first. All other uses shall have the same sign allotment as the district where the 1140 use is first permitted as a principal use. 1141 1142 (d) Signage allowances for uses other than multiple-family dwellings shall be 1143 the same as in the most restrictive district in which the use is permitted as a principal 1144 use. 1145 1146 . . . . 1147 1148

30

ARTICLE 7. HOTEL DISTRICTS. 1149 . . . . 1150 1151 Sec. 705. Sign regulations. 1152 1153 (a) Within the H-1 Hotel District, the same regulations as that apply in the 1154 Residential Districts and the Apartment Districts shall apply, and in addition except as 1155 follows: 1156

(1) For each twenty (20) feet of frontage and for each forty (40) feet of 1157 lot line adjoining a street, but not constituting frontage, not more 1158 than one (1) sign and not more than forty (40) square feet of 1159 surface area of signage shall be permitted; provided, however, that 1160 no establishment shall have mort more than four (4) signs, of which 1161 one (1) may be a freestanding sign; and provided further, that no 1162 establishment having a frontage of less than one hundred (100) 1163 feet shall have a freestanding sign. No establishment having a 1164 frontage of at least one hundred (100) feet but less than or equal to 1165 two hundred (200) feet shall have a freestanding sign exceeding 1166 thirty-two (32) square feet of surface in area per face, and no 1167 establishment having a frontage of more than two hundred (200) 1168 feet shall have a freestanding sign exceeding seventy-five (75) 1169 square feet of surface in area per face. No freestanding sign shall 1170 exceed two (2) faces, and no sign of any other type shall exceed 1171 one hundred fifty (150) square feet of surface in area. Any 1172 establishment or property having less frontage or lot line adjoining a 1173 street than required above may have one (1) sign not exceeding 1174 thirty (30) square feet of surface in area. 1175

1176 (2) Signs advertising located on property for sale, lease or rent shall be 1177

permitted, provided that no such sign shall exceed thirty-two (32) 1178 square feet in area, that not more than two (2) such signs shall be 1179 erected for each one hundred (100) feet of lot line at adjoining the 1180 street right-of-way, and that not more than four (4) such signs shall 1181 be erected on any property. Any property having less frontage or lot 1182 line adjoining a street may have one (1) sign not exceeding thirty-1183 two (32) square feet of surface area. 1184

1185 (b) All other uses shall have sign regulations as specified in the district where 1186 the use is first permitted as a principal use. Signage allowances for uses other than 1187

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hotels and motels shall be the same as in the most restrictive district in which the use is 1188 permitted as a principal use. 1189 1190 . . . . 1191 1192 ARTICLE 8. OFFICE DISTRICTS. 1193 . . . . 1194 1195 Sec. 805. Sign regulations. 1196 1197 Within the O-1 and O-2 Office Districts, the following sign regulations shall apply: 1198 1199

(a) For each forty (40) feet of frontage and for each eighty (80) feet of lot line 1200 adjoining a street, but not constituting frontage, not more than one (1) sign and not more 1201 than thirty-two (32) square feet of surface area of signage shall be permitted; provided, 1202 however, that no establishment shall have more than two (2) signs, of which one (1) 1203 may be a freestanding sign; and provided further, that no establishment having a 1204 frontage of less than one hundred (100) feet or less shall have a freestanding sign. No 1205 establishment having a frontage of at least one hundred (100) feet but less than or 1206 equal to two hundred (200) feet shall have a freestanding sign exceeding thirty-two (32) 1207 square feet of surface in area per face, and no establishment having a frontage of more 1208 than two hundred (200) feet shall have a freestanding sign exceeding seventy-five (75) 1209 square feet of surface in area per face. No freestanding sign shall exceed two (2) faces, 1210 and no sign of any other type shall exceed one hundred fifty (150) square feet of 1211 surface in area. Any establishment or property having less frontage or lot line adjoining 1212 a street than required above may have one (1) sign not exceeding thirty-two (32) square 1213 feet in area. 1214

1215 (b) Where there is an established office or institutional park containing at least 1216

five (5) or more establishments and a minimum of forty thousand (40,000) square feet of 1217 land area, there shall be permitted at each principal entrance one (1) additional center 1218 identification sign for each principal entrance not exceeding two (2) faces, neither of 1219 which shall exceed no greater in area than one hundred (100) square feet of surface 1220 area per face. Where there is an established office or institutional park containing at 1221 least ten (10) establishments and a minimum of fifteen (15) acres of land, there shall be 1222 permitted at each principal entrance one (1) center identification additional sign for each 1223 principal entrance not exceeding two (2) faces, neither of which shall exceed no greater 1224 in area than one hundred fifty (150) square feet of surface area per face. 1225

1226

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(c) Signs advertising located on property for sale, lease or rent shall be 1227 permitted, provided that no such sign shall exceed thirty-two (32) square feet in area, 1228 that not more than two (2) such signs shall be erected for each one hundred (100) feet 1229 of lot line at adjoining the street right-of-way, and that not more than four (4) such signs 1230 shall be erected on any property. Any property having less frontage or lot line adjoining 1231 a street may have one (1) sign not exceeding thirty-two (32) square feet of surface in 1232 area. 1233

1234 . . . . 1235

1236 ARTICLE 9. BUSINESS DISTRICTS. 1237 . . . . 1238 1239 Sec. 901. Use regulations. 1240 . . . . 1241 1242 (b) Accessory uses and structures. Uses and structures which are customarily 1243 accessory and clearly incidental and subordinate to the principal uses and structures, 1244 including, but not limited to: 1245 1246

(1) An accessory activity operated for profit in a residential dwelling 1247 unit where there is no change in the outside appearance of the 1248 building or premises or any visible or audible evidence detectable 1249 from outside the building lot, either permanently or intermittently, of 1250 the conduct of such business except for one non-illuminated 1251 identification sign not more than one square foot in area mounted 1252 flat against the residence; where no traffic is generated, including 1253 traffic by commercial delivery vehicles, by such activity in greater 1254 volumes than would normally be expected in the neighborhood, and 1255 any need for parking generated by the conduct of such activity is 1256 met off the street and other than in a required front yard; where the 1257 activity is conducted on the premises which is the bona fide 1258 residence of the principal practitioner, and no person other than 1259 members of the immediate family occupying such dwelling unit is 1260 employed in the activity; where such activity is conducted only in 1261 the principal structure on the lot; where there are no sales to the 1262 general public of products or merchandise from the home; and 1263 where the activity is specifically designed or conducted to permit no 1264 more than one patron, customer, or pupil to be present on the 1265 premises at any one time. The following are specifically prohibited 1266 as accessory activities: Convalescent or nursing homes, bars or 1267 nightclubs, tourist homes, massage or tattoo parlors, radio or 1268

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television repair shops, auto repair shops, or similar 1269 establishments. 1270

1271 . . . . 1272 1273 Sec. 905. Sign regulations. 1274 1275 (a) In the B-1 Neighborhood Business District, signs shall be permitted as 1276 follows: 1277 1278

(1) For each forty (40) feet of frontage and for each eighty (80) feet of 1279 lot line adjoining a street, but not constituting frontage, not more 1280 than one sign and not more than thirty-two (32) square feet of 1281 surface area of signage shall be permitted; provided, however, that 1282 no establishment shall have more than three (3) signs, of which one 1283 may be a freestanding sign; and provided further that no 1284 establishment having a frontage of less than one hundred (100) 1285 feet shall have a freestanding sign. No establishment having a 1286 frontage of at least one hundred (100) feet but less than or equal to 1287 two hundred (200) feet shall have a freestanding sign exceeding 1288 thirty-two (32) square feet of surface in area per face, and no 1289 establishment having a frontage of more than two hundred (200) 1290 feet shall have a freestanding sign exceeding seventy-five (75) 1291 square feet of surface in area per face. No freestanding sign shall 1292 exceed two (2) faces, and no sign of any other type shall exceed 1293 one hundred fifty (150) square feet of surface area. Any 1294 establishment or property having less frontage or lot line adjoining a 1295 street than required above may have one sign not exceeding thirty-1296 two (32) square feet in area. 1297

1298 (2) Where there is an established neighborhood commercial center 1299

containing five (5) or more establishments and a minimum of forty 1300 thousand (40,000) square feet of land area, one center 1301 identification additional sign no greater in area than one hundred 1302 (100) square feet per face may be erected for at each principal 1303 entrance not exceeding two (2) faces, neither of which shall exceed 1304 one hundred (100) square feet of surface area. Such identification 1305 sign shall specify only the name of the center. Alternatively, such 1306 signs may display the names of tenants as well as the name of the 1307 center if (i) the portion of a sign on which tenant names are 1308

34

displayed does not exceed sixty (60) percent of the total sign area; 1309 (ii) the portion of a sign on which tenant names are displayed is of a 1310 uniform color; (iii) the The top of the face of such sign does shall 1311 not exceed eight (8) feet in height and the top of any decorative cap 1312 on such sign does shall not exceed ten (10) feet in height. ; (iv) 1313 such Such sign does shall not exceed twelve (12) feet in width; and 1314 (v) the face of such sign is shall be surrounded by a minimum of six 1315 (6) inches of framework constructed of a material matching in color 1316 and texture the primary exterior building material of the principal 1317 structure in the center. 1318

1319 (3) Signs advertising located on property for sale, lease or rent shall be 1320

permitted, provided that no such sign shall exceed thirty-two (32) 1321 square feet in area, that not more than two (2) such signs shall be 1322 erected for each one hundred (100) feet of lot line at adjoining the 1323 street right-of-way, and that not more than four (4) such signs shall 1324 be erected on any property. Any property having less frontage or lot 1325 line adjoining a street may have one (1) sign not exceeding sixteen 1326 (16) square feet of surface area. 1327

1328 (4) Beacon lights or search lights may be permitted for advertising 1329

purposes for special events. 1330 1331 (5) To facilitate occupancy in a new neighborhood shopping center 1332

containing a minimum of forty thousand (40,000) square feet of 1333 land area, one (1) temporary sign may be erected not to exceed 1334 one hundred (100) square feet of surface in area shall be permitted. 1335 Such sign shall be removed when seventy (70) percent of the 1336 property is occupied or leased, or after a period of twenty-four (24) 1337 months from the date on which a certificate of occupancy is first 1338 issued, whichever comes first. 1339

1340 (b) In the B-1A Limited Community Business District and in the B-2 1341 Community Business District, signs shall be permitted as follows: 1342 1343

(1) For each forty (40) feet of frontage and for each eighty (80) feet of 1344 lot line adjoining a street, but not constituting frontage, not more 1345 than one (1) sign and not more than sixty (60) square feet of 1346 surface area of signage shall be permitted; provided, however, that 1347 no establishment shall have more than three (3) signs, of which one 1348

35

(1) may be a freestanding sign; and provided further that no 1349 establishment having a frontage of less than one hundred (100) 1350 feet shall have a freestanding sign. No establishment having a 1351 frontage of at least one hundred (100) feet but less than or equal to 1352 two hundred (200) feet shall have a freestanding sign exceeding 1353 thirty-two (32) square feet of surface in area per face, and no 1354 establishment having a frontage of more than two hundred (200) 1355 feet shall have a freestanding sign exceeding seventy-five (75) 1356 square feet of surface in area per face. No freestanding sign shall 1357 exceed two (2) faces, and no sign of any other type shall exceed 1358 one hundred fifty (150) square feet of surface in area. Any 1359 establishment or property having less frontage or lot line adjoining a 1360 street than required above may have one (1) sign not exceeding 1361 forty (40) square feet in area. 1362

(2) Where there is an established neighborhood commercial center 1363 containing five (5) or more establishments and a minimum of forty 1364 thousand (40,000) square feet of land area, one (1) center 1365 identification additional sign no greater in area than one hundred 1366 (100) square feet per face shall be permitted for at each principal 1367 entrance not exceeding two (2) faces, neither of which shall exceed 1368 one hundred (100) square feet of surface area. Where there is an 1369 established community or regional commercial center containing a 1370 minimum of ten (10) establishments and fifteen (15) acres of land, 1371 one (1) center identification additional sign not exceeding may be 1372 erected for each principal entrance not exceeding two (2) faces, 1373 neither of which shall exceed one hundred fifty (150) square feet of 1374 surface in area shall be permitted at each principal entrance. Such 1375 identification sign shall specify only the name of the center. 1376 Alternatively, such signs may display the names of tenants as well 1377 as the name of the center if (i) the portion of a sign on which tenant 1378 names are displayed does not exceed sixty (60) percent of the total 1379 sign area; (ii) the portion of a sign on which tenant names are 1380 displayed is of a uniform color; (iii) the The top of the face of such 1381 sign does shall not exceed eight (8) feet in height and the top of 1382 any decorative cap on such sign does shall not exceed ten (10) feet 1383 in height. ; (iv) such Such sign does shall not exceed twelve (12) 1384 feet in width; and (v) the face of such sign is shall be surrounded by 1385 a minimum of six (6) inches of framework constructed of a material 1386

36

matching in color and texture the primary exterior building material 1387 of the principal structure in the center. 1388

1389 (3) Signs advertising located on property for sale, lease or rent shall be 1390

permitted; provided, that no such sign shall exceed thirty-two (32) 1391 square feet in area, that not more than two (2) such signs shall be 1392 erected for each one hundred (100) feet of lot line at adjoining the 1393 street right-of-way, and that not more than four (4) such signs shall 1394 be erected on any property. Any property having less frontage or lot 1395 line adjoining a street may have one (1) sign not exceeding thirty-1396 two (32) square feet of surface area. 1397

1398 (4) Beacon lights or search lights may be permitted for advertising 1399

purposes for special events. 1400

(5) To facilitate occupancy in a community commercial center 1401 containing a minimum of fifteen (15) and acres of land, one (1) 1402 temporary sign may be erected not to exceed two (2) faces, neither 1403 one of which shall exceed one hundred fifty (150) square feet of 1404 surface in area shall be permitted. In a regional commercial center 1405 containing a minimum of thirty (30) acres of land, one (1) temporary 1406 sign may be erected not to exceed two (2) faces, neither of which 1407 shall exceed two hundred (200) square feet of surface in area shall 1408 be permitted. Signs shall be removed when seventy (70) percent of 1409 the property is occupied or leased, or after a period of twenty-four 1410 (24) months from the date a certificate of occupancy is issued, 1411 whichever comes first. 1412

1413 (c) In the B-3 Central Business District, the following regulations shall apply: 1414 1415

(1) For each forty (40) feet of frontage and for each eighty (80) feet of 1416 lot line adjoining a street, but not constituting frontage, not more 1417 than one (1) sign and not more than sixty (60) square feet of 1418 surface area of signage shall be permitted; provided, however, that 1419 no establishment shall have more than three (3) signs of which one 1420 (1) may be a freestanding sign; and provided further that no 1421 establishment having a frontage of less than one hundred (100) 1422 feet shall have a freestanding sign. No establishment having a 1423 frontage of at least one hundred (100) feet but less than or equal to 1424 two hundred (200) feet shall have a freestanding sign exceeding 1425

37

thirty-two (32) square feet of surface in area per face, and no 1426 establishment having a frontage of more than two hundred (200) 1427 feet shall have a freestanding sign exceeding seventy-five (75) 1428 square feet of surface in area per face. No freestanding sign shall 1429 exceed two (2) faces, and no sign of any other type shall exceed 1430 one hundred fifty (150) square feet of surface in area. Any 1431 establishment or property having less frontage or lot line adjoining a 1432 street than required above may have one (1) sign not exceeding 1433 forty (40) square feet in area. 1434

1435 (2) Where there is an established neighborhood commercial center 1436

containing five (5) or more establishments and a minimum of forty 1437 thousand (40,000) square feet of land area, one (1) center 1438 identification additional sign for each principal entrance not 1439 exceeding two (2) faces, neither of which shall exceed one hundred 1440 (100) square feet of surface in area per face shall be permitted at 1441 each principal entrance. Where there is an established community 1442 or regional commercial center containing ten (10) or more 1443 establishments and a minimum of fifteen (15) acres of land, one (1) 1444 center identification additional sign for each principal entrance not 1445 exceeding two (2) faces, neither of which shall exceed one hundred 1446 fifty (150) square feet of surface in area per face shall be permitted 1447 at each principal entrance. Such identification sign shall specify 1448 only the name of the center. Alternatively, such signs may display 1449 the names of tenants as well as the name of the center if (i) the 1450 portion of a sign on which tenant names are displayed does not 1451 exceed sixty (60) percent of the total sign area; (ii) the portion of a 1452 sign on which tenant names are displayed is of a uniform color; (iii) 1453 the The top of the face of such sign does shall not exceed eight (8) 1454 feet in height and the top of any decorative cap on such sign does 1455 shall not exceed ten (10) feet in height. ; (iv) such Such sign does 1456 shall not exceed twelve (12) feet in width; and (v) the face of such 1457 sign is shall be surrounded by a minimum of six (6) inches of 1458 framework constructed of a material matching in color and texture 1459 the primary exterior building material of the principal structure in the 1460 center. 1461

1462 (3) Signs located on property for sale, lease or rent shall be permitted, 1463

provided that no such sign shall exceed thirty-two (32) square feet 1464 in area, that not more than two (2) such signs shall be erected for 1465

38

each one hundred (100) feet of lot line at adjoining the street right-1466 of-way, and that not more than four (4) such signs shall be erected 1467 on any property. Any property having less frontage or lot line 1468 adjoining a street may have one (1) sign not exceeding thirty-two 1469 (32) square feet of surface area. 1470

1471 (d) Within the B-4C Central Business Mixed Use District, signs shall be 1472 permitted as follows: 1473 1474

(1) For each foot of occupancy frontage, an establishment shall have 1475 no more than sixty one-hundredths (.60) six-tenths (0.6) of one (1) 1476 square feet foot of sign area. No single establishment shall have 1477 more than four (4) signs, nor or more than two (2) signs per building 1478 facade, and no individual sign shall exceed sixty (60) square feet in 1479 surface area. Any establishment having less than forty (40) feet of 1480 occupancy frontage may have one (1) sign not exceeding twenty-1481 four (24) square feet in area. No such sign shall be allowed above 1482 the second story of any building. 1483

1484 (2) A One additional sign identifying the at each street-level entrance to 1485

upper-floor residential dwel