Sec. 33.01-5. - Sign permit required; fee.
Sec. 33.01-6. - Permitted signs; number, sign area, height and placement.
Sec. 33.01-7. - Other permissible signs.
Sec. 33.01-8. - Prohibited signs.
Sec. 33.01-9. - Existing signs.
Sec. 33.01-10. - Abandoned signs.
Secs. 33.01-12—33.01-14. - Reserved.
The purposes of these sign regulations are: to improve pedestrian and traffic safety; to encourage the effective use of signs as a means of communication in the city; to maintain and enhance the visual environment and the city's ability to attract sources of economic development and growth; to minimize the possible adverse effect of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign regulations. These sign regulations are adopted under the general police powers of the city in furtherance of the city's power to regulate activities within the city which affect the peace, good order, morals and health of the community.
(Ord. No. 4308-92)
As used in this chapter, the following terms shall mean:
Animated sign. A sign utilizing any form of movement, including, without limitation, animation, revolution, vertical or horizontal motion, whether electrical, mechanical, wind-blown, or through change in lighting.
Awning. A shelter projecting from and supported by the exterior wall of a building constructed of nonrigid material on a supporting framework (compare "canopy").
Awning sign. A sign painted on, printed on or attached flat against the surface of an awning.
Banner sign. A sign made of fabric or any nonrigid material with no enclosing framework.
Building sign. A sign physically inscribed upon, affixed to or supported by a building including, without limitation, awning signs, canopy signs, nameplate signs, projecting signs and wall signs, but excluding window signs.
Business/office directories. A nonadvertising sign, attached to a wall or mounted on a pole, that lists the building occupants.
Canopy. A permanent, roof-like structure of rigid materials either supported by and extending from a building or freestanding, including marquees and porte cocheres (drive-under canopies).
Canopy sign. A sign attached to or displayed on a canopy.
Commercial/industrial uses. The uses that are set out in all zoning districts, except residential districts, as adopted in the Zoning Ordinance. Home occupations, which are an accessory use to main residential uses, are not to be considered commercial/industrial uses.
Community facility. A non-commercial facility which provides a public service, or selected semi-public uses customarily associated with residential communities (e.g., a neighborhood association recreational facility) which offer services of an educational, recreational or religious nature.
Construction sign. A temporary sign denoting the name of a project and/or the name(s) of the architect(s), contractor(s), developer(s), engineer(s), prospective tenant(s) or occupant(s), and/or project financier(s) of a tract, building or structure being developed or under construction.
Developed site. An area of improved property that independently meets all requirements of the site plan ordinance. This definition includes entire shopping centers, malls, office complexes, etc., or such portions thereof, which independently meet all such requirements. This term shall be interpreted to include premises which met all requirements of the site plan ordinance at the time such premises were developed or were improved prior to the adoption of the site plan ordinance.
Directional/informational sign. A sign giving directions, instructions and/or facility information, but containing no advertising copy, (e.g., parking or exit and entrance signs).
Dwelling unit. A single residential unit providing complete, independent living facilities for one (1) or more persons including permanent provisions for living, eating, cooking and sanitation.
Dwelling, detached single-family. A building containing one (1) dwelling unit, surrounded by a yard. Manufactured homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents or other forms of temporary or portable housing are not included within this definition.
Dwelling, duplex. A building containing two (2) dwelling units surrounded by a yard.
Dwelling, multiple-family. A building (other than one containing townhouses) containing three (3) or more dwelling units.
Dwelling, townhouses. A building containing three (3) or more dwelling units with each having its own front and rear or side access to the outside and where each dwelling may be located on a separate lot.
Festoons. A string of ribbons, tinsel, small flags, pennants, pinwheels, or similar devices.
Flashing light. A device which contains an intermittent or sequential light source used primarily to attract attention. Such a device is deemed to be a sign.
Flashing sign. A sign utilizing lighting effects simulating motion.
Freestanding sign. A sign supported upon the ground by poles, braces or other structures and not structurally supported by any building or canopy.
Frontage, building. The length or width of each side of a building which side either faces a public right-of-way or provides public access into the building.
Frontage, store. An individual store's or business' portion of building frontage.
Frontage, street. The length of the property line of a developed site along the public street(s) on which it borders.
Ground sign. A freestanding sign not greater than five (5) feet in height.
Height (of a freestanding sign). The vertical distance measured from the highest point of the sign structure to the top of the curb (or edge of pavement where no curb exists) at that point of the immediately adjacent street where direct access to the developed site served by the sign is provided.
Illegal sign. A sign which does not meet the requirements of this chapter.
Maintenance. For the purposes of this chapter, the cleaning, painting, repair and/or replacement of parts of a sign and/or the sign structure.
Multiple-family dwelling facility. A developed site containing two (2) or more duplex dwellings and/or multiple-family dwellings.
Nameplate. A sign giving only the name, address and/or occupation of an occupant or group of occupants and which is not internally illuminated.
Off-premises sign. A sign identifying and/or advertising an establishment, merchandise, service, activity or entertainment, which is not located, sold, produced, manufactured or furnished at the premises on which said sign is located.
On-premises sign. A sign identifying and/or advertising an establishment, merchandise, service, activity or entertainment, which is located, sold, produced, manufactured or furnished at the developed site on which said sign is located.
Owner. The holder of title in fee simple; and/or any person, group of persons, company, association or corporation in whose name tax bills on the property are submitted. For the purposes of this chapter, the owner of premises on which a sign is located is presumed to be the owner of the sign unless acts to the contrary are officially recorded or otherwise brought to the attention of the zoning administrator, (e.g., a sign leased from a sign company).
Point of purchase display. Advertising of a retail item displayed on the product or the product's dispenser. Vehicles used for the delivery of products shall not be deemed to be a product dispenser.
Portable sign. A freestanding sign that is trailer mounted, or otherwise designed to be relocated, or is constructed on a chassis or carriage with permanent or removable wheels, and has an area not exceeding sixty (60) square feet on each of two (2) parallel sides.
Premises. An area of single or contiguous lots under common ownership along with any building(s) or structure(s) occupying it.
Projecting sign. A sign other than a wall sign that is attached to a wall or suspended from a pedestrian protection overhang. (See wall sign.)
Readerboard. A sign structure on which copy, graphics, etc. can be changed manually in the field or automatically through mechanical or electrical means.
Real estate sign. A temporary sign advertising the real estate upon which the sign is located as being for rent, lease or sale.
Revolving sign. A sign in which the sign itself or any portion thereof moves in a revolving or similar manner. Such motion does not refer to methods of changing copy.
Setback. The minimum required distance from a specified property line of the developed site or premises upon which a sign is located to that part of the sign structure closest to said property line.
Sign. A structure, wall or other object, or such portion thereof, used for the display of any information or message, including, without limitation, any device, structure, fixture or placard using graphics, symbols and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods, services, activity or entertainment; provided, however, that this definition shall not include works of art or temporary holiday decorations that do not convey a commercial message. (See also "flashing light.")
Sign regulations. The provisions of this Chapter 33.01.
Subdivision identification sign. A freestanding or wall sign identifying a residential subdivision.
Temporary sign. A sign not intended for permanent use.
Townhouse. See dwelling, townhouse.
Vehicular sign. A sign on a bus, car, truck or trailer used for the purpose of advertising or identifying any establishment, product, goods or services.
Wall sign. A sign painted on, or attached to, and erected parallel to the face of an outside wall of a building, and not projecting more than eighteen (18) inches from the wall.
Window sign. A sign which is (1) physically affixed to a building window or (2) legible from any vehicular public right-of-way through a building window. For purposes of this chapter, any sign (including illuminated signs) located inside a building and otherwise legible from any vehicular public right-of-way shall be deemed not to be a "window sign" if such sign (1) is less than six (6) square feet in area, (2) is located at least ten (10) feet away from such window(s) through which it is viewed, and (3) is intended for conveying information or advertising primarily to persons inside such building (e.g., menus, "tavern signs," product posters, etc.)
(Ord. No. 4308-92)
(a)
This chapter is intended to govern the use, placement, number and physical dimensions of signs within the city. It is further the intent of these regulations to authorize the use of signs which provide easy and safe communication between people and their environment; to recognize commercial communication for all sectors of the business community; to encourage innovative use of design in signs; to promote both renovation and proper maintenance of signs; to allow for special circumstances regarding signs; to guarantee equal treatment under the law through a consistent enforcement; and to permit the transmission of commercial and noncommercial messages through the medium of signage.
For convenience, some regulations contained in this chapter refer to zoning district designations as set forth in the Zoning Ordinance for the city, although this chapter shall not be construed, nor is it intended to be, a part of the city's Zoning Ordinance.
Placement and physical dimensions of signs are regulated primarily by the length of street frontage and/or length of building frontage.
(b)
This chapter shall regulate signs which are legible from any vehicular public right-of-way. It shall not regulate official traffic or other municipal signs; signs concerning public safety or public hazards; the copy and message of permitted signs; signs not legible from a public right-of-way; window displays of merchandise; point of purchase displays; scoreboards on athletic fields; flags of any nation, government, or noncommercial organizations; gravestones; commemorative plaques; the display of street numbers; signs attached to or displayed on vehicles operated on public streets; or any display or construction not defined herein as a sign.
(c)
Any sign authorized to be displayed within the city is allowed to contain any noncommercial (including political and religious) symbols, graphics or copy in lieu of or in addition to any other permitted copy.
(d)
Within six hundred sixty (660) feet of the right-of-way of any highway within the City of Newport News classified as a part of the interstate or federal-aid primary highways, no sign shall be erected except in conformance with Title 33, Chapter 7, Sections 33.1-351 to 33.1-381, Code of Virginia, entitled, "Outdoor Advertising in Sight of Public Highways." No city sign permit and/or building permit shall be issued until such time as written evidence of state approval is presented to the appropriate city official; and provided further, that all applicable requirements of the sign regulations are met.
(e)
Regulations governing signs permitted in the Hilton Village Historic District are intended to be applied in the context of the special nature of the historic district and consistent with the authority granted to the Hilton Village Architectural Review Board in Article XXVI of the Zoning Ordinance. Signs permitted in the Historic District shall be as otherwise permitted by this chapter, subject to the following conditions:
(1)
Signs that do not require sign permits or require prior review and approval by the Hilton Village Architectural Review Board are as follows:
a.
Those permitted in section 33.01-06(b)(1).
b.
Window signs for commercial/industrial uses, subject to the following conditions:
1.
Such signs shall be displayed only on the ground floor of buildings.
2.
Such signs shall not exceed twenty-five (25) percent of each individual window opening (determined individually and not collectively); provided, however, that each such sign(s) shall not exceed six (6) square feet.
3.
Such signs shall not be illuminated in whole or in part.
4.
Such signs shall be compatible with the Hilton Village architecture and concept as established by the guidelines and standards adopted by the Hilton Village Architectural Review Board.
c.
Those having an area no greater than six (6) square feet and otherwise permitted in section 33.01-7
(2)
Signs subject to prior review and issuance of a certificate of appropriateness by the Hilton Village Architectural Review Board shall be those signs otherwise permitted by this chapter and not regulated by subsection (1) immediately above. Such signs shall be approved by the board where they are found to be compatible with the Hilton Village architecture and concept.
(3)
Placement of freestanding signs within the historic district shall be regulated by the Hilton Village Architectural Review Board in compliance with the current approved design guidelines for the Hilton Village Commercial area.
(f)
Any and all owners of premises on which a sign or the structure of a former sign is erected or displayed shall have joint and several responsibility for compliance with the provisions of this chapter. (See "owner".)
(g)
In order to determine whether sign copy is legible, the director of codes compliance or his designee shall rely upon the book entitled Street Graphics by Ewald and Mandelker, published by the Landscape Architecture Foundation, September 1977, or the most current edition of this reference.
(h)
For determining compliance with these regulations, the area of a sign is defined as the area of a rectangle, triangle, circle or combinations thereof that will enclose the sign, including background. The area of a sign shall include the spaces between all letters of a word and all words of a name, phrase or message. Supports, braces and other structural elements shall not be included unless they are designed as an integral part of the sign for the purpose of illustration, attraction or unique identification (e.g., a trademark design).
(i)
Canopy sign(s) shall be permitted subject to the following conditions:
(1)
Canopy frontage, whether the canopy is attached to a building or freestanding, shall not be included when computing building frontage for the purpose of determining permitted building sign area for a developed site.
(2)
All or any portion of permitted building sign area not used on a building sign may be used for signs which are displayed on signs either affixed to, supported by, painted on or otherwise made a part of a canopy face.
(3)
Canopy signs shall not extend above or below such canopy face nor exceed in total twenty-five (25) percent of the area of each such canopy face on which such sign(s) is (are) located.
(j)
For the purposes of construing the provisions of this chapter, the term "may" shall be interpreted as being permissive and the term "shall" shall be interpreted as being mandatory. Use of the term "may" shall specifically not be interpreted to limit or eliminate options made available to sign users in this chapter.
(k)
Signs permitted in the Regional Business District shall be those set forth in Zoning Ordinance Section 1602.B.
(Ord. No. 4308-92; Ord. No. 5125-98)
Sec. 33.01-5. - Sign permit required; fee.
(a)
Unless otherwise provided in this chapter, it shall be unlawful for any person to construct, erect, enlarge, alter or display any sign covered by Article I until a sign permit therefor has been issued by the department of codes compliance. No permit is required for the nonstructural maintenance of a sign or for a change of copy on a painted or printed sign or readerboard, provided such sign has a permit or meets the provisions of section 33.01-9. No permits shall be required for signs permitted in section 33.01-6(b)(1). Signs permitted pursuant to section 33.01-7 shall require permits as prescribed therein.
(b)
A permit fee shall be paid for the erection, alteration or repair of any sign for which a permit is required in an amount equal to two (2) percent of the current value of all service, labor, materials and equipment used in connection therewith; provided, however, the minimum fee shall be fifty dollars ($50.00) and a maximum fee shall be two hundred fifty-two dollars and fifty cents ($252.50).
(Ord. No. 4308-92; Ord. No. 5469-00, § 1)
Sec. 33.01-6. - Permitted signs; number, sign area, height and placement.
(a)
The provisions of this section govern signs permitted to be displayed within the city and also prescribe their number, sign area, height and placement. Additional permitted signs in the Regional Business District are identified in subsection 33.01-7(9) of this chapter.
(b)
Residential uses shall be permitted the following signage:
(1)
Detached single-family dwellings, duplex dwellings and townhouse dwellings: One (1) "for sale" or "for rent" sign per lot not to exceed six (6) square feet in area shall be permitted subject to the following conditions:
a.
Such sign shall not be located closer than five (5) feet from the paved portion of the adjacent public street. Maximum sign height shall be three (3) feet.
b.
Notwithstanding the provisions of subsection a. immediately above, if such sign is located not less than fifteen (15) feet from the paved portion of the adjacent public street, the height of said sign shall be no greater than six (6) feet.
(2)
Multiple-family dwelling facilities:
a.
Freestanding sign(s) shall be permitted subject to the following conditions:
1.
Three (3) freestanding signs are permitted for each premises used for a multiple-family dwelling facility with frontage on one or more public streets subject to the limitations imposed by the other provisions of this subsection (2).
2.
One (1) square foot of sign area shall be permitted per linear foot of public street frontage, provided the cumulative area for all freestanding signs for the facility shall not exceed seventy-five (75) square feet.
3.
There shall be a minimum separation between all such signs measured along the frontage of the public street in accordance with the following conditions:
i.
Every sign having an area between fifty (50) and seventy-five (75) square feet shall be separated from every adjacent freestanding sign (and structure) of lesser area on the developed site by not less than one hundred fifty (150) feet; and
ii.
Every sign less than fifty (50) square feet in area, shall be separated from every adjacent freestanding sign (and structure) of equal or lesser area on the developed site by at least one hundred twenty-five (125) feet.
4.
Front yard setback: Signs shall not be located closer than fifteen (15) feet from the paved portion of the adjacent street, provided that in all cases signs shall be set back to at least the front property line.
5.
The side yard and rear yard setbacks shall each be twenty-five (25) feet.
6.
Maximum sign height shall be fifteen (15) feet.
b.
If no freestanding signs are erected for a multiple-family dwelling facility, such facility may erect a building sign or signs, the total area of which shall not exceed one hundred (100) square feet.
(c)
Community facilities in residential districts shall be permitted the following signage:
(1)
Freestanding sign(s) shall be permitted subject to the following conditions:
a.
Three (3) freestanding signs are permitted for each developed site used for a community facility with frontage on one or more public streets subject to the limitations imposed by the other provisions of this subsection (1).
b.
One (1) square foot of sign area shall be permitted per linear foot of public street frontage, provided the cumulative area for all freestanding signs for the facility shall not exceed seventy-five (75) square feet.
c.
There shall be a minimum separation between all such signs measured along the frontage of the public street in accordance with the following conditions:
1.
Every sign having an area between fifty (50) and seventy-five (75) square feet shall be separated from every adjacent freestanding sign (and structure) of lesser area on the developed site by not less than one hundred fifty (150) feet; and
2.
Every sign less than fifty (50) square feet in area, shall be separated from every adjacent freestanding sign (and structure) of equal or lesser area on the developed site by at least one hundred twenty-five (125) feet.
d.
Front yard setback: Signs shall not be located closer than fifteen (15) feet from the paved portion of the adjacent street, provided that in all cases signs shall be set back to at least the front property line.
e.
The side yard and rear yard setbacks shall each be twenty-five (25) feet.
f.
Maximum sign height shall be fifteen (15) feet.
(2)
Building sign(s) shall be permitted subject to the following conditions:
a.
The accumulative building sign area shall not exceed one hundred (100) square feet.
b.
In addition to the sign area permitted in subsection a. immediately above, if the total sign area allowance for freestanding signs for the facility has not been used, the area difference between the permitted freestanding sign allowance and that actually used may be used for the building sign(s).
(3)
Window sign(s) shall be permitted subject to the following conditions:
a.
Window signs shall be displayed only on the ground floor of buildings.
b.
Window signs, which are in whole or in part illuminated or designed to be illuminated by an electrical service, shall be counted as a part of allotted building sign area. Sign permits shall be required for such signs.
c.
Window signs which do not exceed twenty-five (25) percent of each individual window opening (determined individually and not collectively) shall be permitted. Sign permits shall not be required for this signage except for window signs described in subsection b. immediately above.
d.
If window signage exceeds the twenty-five (25) percent limitation contained in subsection c. immediately above, whether for any one or more window openings, all of the window signage for a building (or for a given storefront, if applicable) shall meet all requirements applicable to display of building signs including the requirement to secure a sign permit.
(d)
Commercial/industrial uses shall be permitted the following signage:
(1)
Freestanding sign(s) shall be permitted subject to the following conditions:
a.
One (1) freestanding sign is permitted for each developed site with frontage on one (1) or more public streets. For developed sites with more than one hundred fifty (150) feet of public street frontage, one (1) additional freestanding sign, not to exceed three (3) additional signs, is allowed for each additional increment of public street frontage of at least one hundred fifty (150) feet. Two (2) ground signs may be substituted for each permitted freestanding sign.
b.
With the exception of those signs regulated by the Hilton Village Architectural Review Board which are in compliance with the current approved design guidelines for the Hilton Village Commercial Area, the total permitted sign area for all free-standing signs shall be computed in the following manner:
1.
For the first one hundred fifty (150) feet of public street frontage, seventy-five hundredths (0.75) square feet of sign area per linear foot of public street frontage shall be permitted, plus
2.
For that portion of public street frontage between one hundred fifty (150) and three hundred (300) feet, fifty hundredths (0.50) square feet of sign area per linear foot of such excess portion of public street frontage shall be permitted, plus
3.
For that portion of public street frontage in excess of three hundred (300) feet, twenty-five hundredths (0.25) square feet of sign area per linear foot of such excess portion of public street frontage shall be permitted.
c.
There shall be a minimum separation between all such signs measured along the frontage of the public street in accordance with the following conditions:
1.
Every sign having an area between seventy-five (75) square feet and one hundred (100) square feet shall be separated from every adjacent freestanding sign (and structure) on the developed site by not less than one hundred seventy-five (175) feet; and
2.
Every sign having an area between fifty (50) and seventy-five (75) square feet shall be separated from every adjacent freestanding sign (and structure) of equal or lesser area on the developed site by not less than one hundred fifty (150) feet; and
3.
Every sign less than fifty (50) square feet in area, shall be separated from every adjacent freestanding sign (and structure) of equal or lesser area on the developed site by at least one hundred twenty-five (125) feet.
d.
No freestanding sign shall exceed an area of one hundred (100) square feet except as provided in subsection h. below.
e.
Except as otherwise permitted in section 33.01-4.e.(2), no freestanding or ground sign shall be erected closer than twenty-five (25) feet from the side and rear boundary defined for that developed site.
f.
Front yard setback: Signs shall not be located closer than fifteen (15) feet from the paved portion of the adjacent street, provided that in all cases signs shall be set back to at least the front property line.
g.
Maximum sign height shall be thirty (30) feet.
h.
The director of codes compliance may authorize an increase to the permitted area or height of a sign upon application by the fee simple owner of the parcel on which the sign shall be erected provided that the parcel contains sufficient public street frontage for allowing multiple signs subject to the following conditions:
1.
An additional fifty (50) square feet of sign area shall be allowed for each permitted sign not erected; and
2.
An additional two (2) feet of sign height shall be allowed for each permitted sign not erected; and
3.
Such sign(s) shall be separated by a minimum of 200 feet.
(2)
With the exception of those signs regulated by the Hilton Village Architectural Review Board which are in compliance with the current approved design guidelines for the Hilton Village Commercial Area, building sign(s) shall be permitted subject to the following conditions:
a.
Building sign area on each building frontage shall be limited to one square foot of sign area per linear foot of that building frontage. A building with more than one building frontage shall not combine nor transfer the sign area permitted any such "front"; each such "front" shall be limited to one square foot of sign area per its separate linear frontage.
b.
Notwithstanding the provisions of subsection a. immediately above, sign area not to exceed thirty-two (32) square feet shall be permitted when store or building frontage is less than thirty-two (32) linear feet.
c.
Notwithstanding the provisions of subsections a. and b. immediately above, sign area permitted for freestanding signs, but not used on such signs, may be added to the permitted building sign area.
(3)
Except as otherwise permitted in section 33.01-4.(e)(1)b, window sign(s) shall be permitted subject to the following conditions:
a.
Window signs shall be displayed only on the ground floor of buildings.
b.
Window signs, which are in whole or in part illuminated or designed to be illuminated by an electrical service, shall be counted as a part of allotted building sign area. Sign permits shall be required for such signs.
c.
Window signs which do not exceed twenty-five (25) percent of each individual window opening (determined individually and not collectively) shall be permitted. Sign permits shall not be required for this signage except for window signs described in subsection b. immediately above.
d.
If window signage exceeds the twenty-five (25) percent limitation contained in subsection c. immediately above, whether for one or more window openings, all of the window signage for a building (or for a given storefront, if applicable) shall meet all requirements applicable to display of building signs including the requirement to secure a sign permit.
(e)
Community facilities in commercial/industrial districts shall be permitted the following signage:
The regulations for commercial/industrial uses shall apply to community facilities in commercial/industrial districts.
(f)
Planned development flexibility option: For purposes of providing flexibility and incentives for coordinated, well designed sign systems for large scale developments/facilities, special provisions varying the standards of the regulations set forth in this article may be approved by the Newport News City Council, after a recommendation by the Newport News Planning Commission, subject to the following:
(1)
No action shall be taken on any application for placement of a sign under this subsection until the applicant shall have paid a filing fee to the city treasurer in the amount of eight hundred dollars ($800.00).
(2)
The signage shall be for one (1) of the following:
a.
A mixed use development as defined in Chapter 45 of the Code with a mix of commercial, residential and office uses containing at least fifty (50) acres;
b.
A neotraditional development within the Neotraditional Overlay District;
c.
A hotel/conference center with a minimum of one hundred fifty (150) guest rooms and which also contain a minimum of fifty thousand (50,000) square feet of conference space;
d.
A medical center complex as defined in Chapter 45 of the Zoning Ordinance; or
e.
A museum with more than six thousand (6,000) square feet of display area.
(3)
A comprehensive sign plan that includes the following information in booklet form shall be submitted to the director of planning:
a.
Detailed designs of all proposed signs including the size, height, copy, materials, and colors of such signs;
b.
Proposed locations and number of proposed signs; and
c.
Sign illumination plans which describe how the sign will be illuminated, provided:
1.
External light sources shall be directed and shielded to limit direct illumination of any object other than the sign;
2.
The light from an illuminated sign shall not be of an intensity or brightness that will create a negative impact on surrounding residential properties;
3.
Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices; and
4.
Plans for landscaping or architectural features to be used in conjunction with such illumination plans.
(4)
The proposed signs shall meet the following criteria:
a.
All signs shall be coordinated in terms of design features;
b.
The maximum size shall be determined by city council based on the sign's design, location, proximity to other signs and any other factor appropriate under the circumstances. The maximum height of a freestanding sign shall not exceed fifteen (15) feet;
c.
Readerboards shall not exceed twenty-five (25) percent of the sign face; and
d.
The signage shall be subject to such conditions as city council may deem reasonable.
(5)
Off-premises signs may be permitted subject to any conditions imposed by city council and to the requirements set forth below:
a.
The owner requesting an off-premises sign shall complete an off-premises sign application which can be obtained from the department of planning;
b.
The application submittal shall include detailed plans identifying the location, design, dimensions and material of the proposed sign;
c.
The application shall include a legally binding written agreement signed by the owner of the parcel or property upon which the sign is to be located or the holder of the right to place the sign, as the case may be, and the sign owner consenting to and authorizing the placement and location of the sign on the premises for the length of time that the sign is in use, for its maintenance and for its removal upon cessation of the development/facility that is the subject of the sign;
d.
The approved off-premises sign to be erected shall be limited to a freestanding monument style or flag poles containing non-rigid banner signs and shall be in lieu of any freestanding sign on-premises of the development/facility seeking the off-premises sign;
e.
The off-premises sign shall be located at an intersection where vehicles turn from a major street, as defined in the Subdivision Ordinance, to reach the facilities, as defined in subsection (f)(1) above;
f.
The maximum size of the off-premises sign shall be determined by city council based on its design, location, proximity to other signs and any other factor appropriate under the circumstances. The maximum height of the off-premises sign shall be fifteen (15) feet for monument style sign and thirty (30) feet for flagpoles, containing non-rigid banner signs;
g.
The off-premises sign shall be located no closer than one hundred (100) feet to any on-premises freestanding signs permitted on the property on which the on-premises sign is located; however, an off-premises sign may be collocated on an on-premises sign with permission of the property owner; and
h.
Prior to installing an off-premises sign as permitted by this subsection, a bond in an amount deemed appropriate by the director of planning and in a form deemed appropriate by the city attorney shall be posted by the sign owner with the city and maintained during the continued existence of the off-premises sign, in order to provide for its maintenance and removal as provided in subsection c. above.
(Ord. No. 4308-92; Ord. No. 4548-93; Ord. No. 4589-94; Ord. No. 5125-98; Ord. No. 6251-06; Ord. No. 6439-07)
Sec. 33.01-7. - Other permissible signs.
The following signs shall be permitted in addition to those permitted in section 33.01-6, and a sign permit shall be required for those signs which are in excess of thirty-two (32) square feet in area:
(1)
One construction sign limited to a maximum of thirty-two (32) square feet for developed sites with not more than one hundred fifty (150) feet of public street frontage. Sign area may be increased to not more than forty-eight (48) square feet for developed sites having public street frontage more than one hundred fifty (150) feet, but less than three hundred (300) feet. Sign area may be increased to not more than sixty-four (64) square feet for developed sites having public street frontage of three hundred (300) feet or more. Such sign(s) shall not be displayed prior to issuance of the building permit and/or approval of the site plan for construction on the developed site. Such sign(s) shall be removed at the completion of development or construction.
(2)
Except as otherwise permitted, on-premises directional/informational signs each not to exceed two (2) square feet of sign area. Provided, however, that menu board informational signs shall not exceed six (6) square feet and shall not be placed in a manner that impedes pedestrian or vehicular traffic or that provides a visual obstruction for vehicular traffic. No directional/informational sign shall exceed three (3) feet in height.
(3)
Nameplates when attached to buildings and not exceeding two (2) square feet in area.
(4)
Real estate sign or signs advertising the sale or rental of the premises of the multiple-family dwelling facility upon which such sign(s) is (are) located provided that the accumulative area for all such sign(s) shall not exceed six (6) square feet.
(5)
Real estate sign or signs advertising the sale or rental of commercial/industrial premises or undeveloped premises zoned for multiple-family uses upon which such sign(s) is (are) located subject to the following conditions:
a.
One sign not exceeding thirty-two (32) square feet shall be permitted for premises having public street frontage of not more than one hundred fifty (150) feet.
b.
One sign not exceeding forty-eight (48) square feet shall be permitted for premises having public street frontage between one hundred fifty (150) feet and three hundred (300) feet.
c.
Two (2) signs not exceeding thirty-two (32) square feet each shall be permitted for premises having public frontage in excess of three hundred (300) feet. These two signs may be mounted to a common structure provided that the angle between the two (2) sign faces is not less than two hundred seventy (270) degrees.
(6)
Real estate open house signs in public rights-of-way directing the public to residential units for sale provided:
a.
Such signs shall not be permitted on rights-of-way of I-64 and I-664.
b.
Such signs shall be permitted only on the rights-of-way of Warwick Boulevard, Jefferson Avenue, Mercury Boulevard, Denbigh Boulevard between Old Courthouse Way and the York County line, Oyster Point Road between Boxley Boulevard and the York County line, Bland Boulevard, Fort Eustis Boulevard and J. Clyde Morris Boulevard at street intersections designated in the subsections below:
1.
Warwick Boulevard intersections:
49th Street.
69th to 51st Street.
71st Street.
Abbitt Lane.
Alpine Street.
Ashton Green Boulevard.
Beechmont Drive.
Boxley Boulevard.
Brandon Road.
Campbell Road.
Carleton Road.
Cedar Lane.
Center Avenue.
Colony Road.
Curtis Drive.
Curtis Tignor Road.
Deep Creek Road.
Eastwood Drive.
Edgemoor Drive.
Elmhurst Street.
Elm Avenue.
Falls Reach Parkway.
Fontaine Road.
Franklin Road.
Gatewood Road.
Glendale Road.
Harrison Road.
Hiden Boulevard.
Hilltop Drive.
Hitchens Lane.
Hopkins Street.
Hunter Road.
Hunter's Glen.
James River Drive.
Jan Mar Drive.
Jones Road.
Judy Drive.
Lee's Mill Drive.
Logan Place.
Lucas Creek Road.
Matthew Road.
Maxwell Lane.
Menchville Road.
Middlesex Road.
Milford Road.
Minton Road.
North Avenue.
Ohara Road.
Old Courthouse Way.
Pennington Avenue.
Peters Lane.
Post Road.
Raleigh Road.
Randolph Road.
Rivermont Road.
Ripley Street.
Scufflefield Road.
Shirley Road.
Shoe Lane.
Snidow Boulevard.
Stratford Road.
Sweetbriar Drive.
Tabbs Lane.
Thorncliff Drive.
Turlington Road.
Union Street.
Warwick Landing Parkway.
Wendwood Drive.
Westover Road.
Whites Lane.
Williamson Drive.
Woodhaven Road.
Young's Mill Lane.
2.
Jefferson Avenue intersections:
16th Street.
20th Street.
25th Street.
27th Street.
31st Street.
44th Street.
72nd Street.
74th Street.
79th Street.
Aberthaw Avenue.
Bellwood Road.
Briarfield Road.
Brick Kiln Boulevard.
Buchanan Drive.
Carriage Lane.
Center Avenue.
Claire Lane.
Colberts Lane.
Davis Avenue.
Dresden Drive.
Ellen Road.
Francisco Way.
Gambol Street.
Greengrove Lane.
Greenwood Road.
Groome Road.
Hampton Avenue.
Hemlock Road.
Hilton Boulevard.
Hogan Drive.
Huber Road.
Ivy Farms Road.
Lafayette Terrace.
Langley Avenue.
Lyliston Lane.
Maury Avenue.
McLawhorne Drive.
McMorrow Drive.
Morris Drive.
Muller Lane.
Newport Avenue.
North Avenue.
Peninsula Drive.
Pilot House Drive.
Randolph Road.
Richneck Road.
Robinson Drive.
St. Thomas Drive.
South Avenue.
Turnberry Boulevard.
Village Parkway.
Warwickshire Court.
Whitewater Drive.
Winston Avenue.
Woodcreek Drive.
Woodfin Road.
3.
Mercury Boulevard/River Road intersection.
4.
Denbigh Boulevard intersections between Old Courthouse Way and the York County line:
Deloice Crescent.
Millwood Drive.
Old Denbigh Boulevard.
Pocahontas Drive.
Ridgewood Parkway.
Shields Road.
Woodside Lane.
5.
Oyster Point Road intersections between Boxley Boulevard and the York County line:
Atkins Lane.
Criston Drive.
Gawain Drive.
Guy Lane.
Lochaven Drive.
Marcus Drive.
Mitchell Point Road.
Nettles Drive.
North Green Drive.
Village Green Parkway.
6.
Fort Eustis Boulevard/Woodside Lane intersection.
7.
J. Clyde Morris Boulevard intersections:
Bruton Avenue.
Forrest Drive.
Louise Drive.
Pine Grove Road.
Rugby Road.
Rumson Avenue.
Sierra Drive.
Traverse Road.
Woods Road.
8.
Copy shall be limited to "Open House" with a directional arrow, the registered trademark of the National Association of Realtors, and the "equal housing opportunity" logo.
9.
Not more than one (1) sign shall point in the same direction at an intersection.
10.
Not more than two (2) signs shall be located at an intersection.
c.
Open house signs shall be permitted in rights-of-way not listed in subsection b. immediately above subject to the following conditions:
1.
Copy shall be limited to "Open House" with a directional arrow, a maximum of one (1) square foot of sign area to identify the owner of the sign, and the "equal housing opportunity" logo.
2.
Not more than two (2) signs shall point in the same direction at an intersection.
3.
Not more than four (4) signs shall be located at an intersection.
d.
Open house signs shall not exceed three (3) square feet in area or be over three (3) feet in height.
e.
Open house signs shall be displayed in the following manner:
1.
No sign shall be placed in the median or on an area paved for vehicular or pedestrian traffic.
2.
The sign shall be located only at intersections where a turning movement is indicated.
3.
Permission shall be obtained from all adjacent property owners.
4.
The sign shall be located off the roadway so as not to endanger, impede the flow or interfere with the view of vehicular or pedestrian traffic.
5.
The sign shall be displayed only from sunrise to sundown on Saturdays, Sundays and state and federally observed holidays.
6.
The sign shall not be displayed when the house is not open for public viewing.
f.
Persons causing an open house sign to be placed on a city right-of-way shall provide the city with evidence of a five hundred thousand dollar ($500,000.00) general liability insurance policy with the city named as an additional insured before display of such sign shall be permitted.
g.
Signs displayed in violation of the provisions of this section shall be removed by the city.
(7)
Residential subdivision development signs when erected permanently as markers at the entrance to any single-family subdivision development, duplex dwelling development or planned residential development. The sign shall denote the name of the residential subdivision; but a portion of such sign, not to exceed sixteen (16) square feet per sign, may be used to indicate the days and times that models of units for sale are open and a telephone number. Information concerning models of units for sale shall be removed from such signs when models are no longer open to the public. Such signage shall also be erected in conformance with Chapter 38, Streets and Sidewalks, of this Code. For planned residential developments in excess of one hundred (100) acres, residential subdivision development signs may also include a listing of the types of recreation and/or entertainment facilities that are open to the public. The portion of such sign listing the type of facilities shall not exceed sixteen (16) square feet.
(8)
Special event signs when in the public interest and not hazardous to private property. Such signs shall be displayed prior to the special event for not more than the period indicated and shall be removed within ten (10) days following the event. Such signs shall be limited to the following events:
a.
Seventy-five (75) days—Special, political, civic, sports or cultural event such as an election, a fair or exposition, play, or concert; or other bona fide activity or meeting by a government, charitable or nonprofit organization.
b.
Seventy-five (75) days—Special decorative displays used for public demonstrations or promotion for nonpartisan civic purposes.
c.
Thirty (30) days—Special decorative displays used for purposes of announcing the grand opening or reopening of a new store, business or profession, provided that no one sign shall exceed sixty (60) square feet in area. A permit application fee of thirty-five dollars ($35.00) shall be paid for the erection of such signs.
(9)
Signs identifying model homes in a residential development with more than twenty (20) new home sites for sale, provided:
a.
The location of the model homes and the production home sites they are representing shall be indicated on an approved plan of development.
b.
The model homes shall be completed and finished, decorated and furnished, and lawn and plant materials installed.
c.
The model homes shall be open to the public and the model home sales office shall be staffed five (5) days a week. Model home signs shall be limited to the following:
1.
One building-mounted sign, not to exceed two (2) square feet in area, identifying the sales office and information center.
2.
One freestanding sign identifying the complex of model homes, the builder, and containing sales information:
i.
Such signs shall not exceed six (6) feet in height.
ii.
The sign's area shall be no larger than twelve (12) square feet. Builders with more than one model home in the complex are permitted additional sign area of four (4) square feet for each additional model home with a combined sign area not to exceed thirty-two (32) square feet.
d.
Builders with two (2) or more model homes in the complex shall be permitted one additional freestanding sign for each model home to identify the individual unit and its features. Such sign shall not exceed six (6) square feet in area and four (4) feet in height.
e.
Directional signs identifying the location of model homes in the subdivision:
1.
Such signs may be located at intersections within the subdivision to direct the public to the model home complex.
2.
Individual directional signs shall not exceed six (6) feet in height and twelve (12) square feet in area.
(10)
A commercial/industrial use may display its company name/emblem in the form of a flag subject to the following conditions:
a.
There shall be no more than one (1) such flag per developed site.
b.
The area of such flag shall be deducted from the permitted building-mounted signage for the developed site.
c.
Such flag shall be no more than twenty-five (25) square feet in area.
d.
Such flag shall not be displayed higher than thirty (30) feet above ground.
e.
Such flag shall be a piece of fabric, cloth or bunting which hangs loose from a flag staff or pole.
(Ord. No. 4308-92; Ord. No. 4322-92; Ord. No. 4497-93; Ord. No. 5754-02; Ord. No. 6367-07, § 1)
Sec. 33.01-8. - Prohibited signs.
(a)
Reserved.
(b)
Animated signs shall be prohibited, provided that one (1) sign of cylindrical shape may be erected, installed or maintained at an individual place of business located in other than residential zoning districts, subject to the following criteria:
(1)
The area of the sign as projected onto a flat plane shall be limited to a maximum of three (3) square feet.
(2)
Only the interior of the sign may move or simulate motion.
(3)
The sign shall contain no written message.
(4)
The sign may be illuminated, but shall not have flashing or rotating lights, nor lights that simulate flashing or rotating lights.
(5)
Where erected as a freestanding sign, or mounted on a structure supporting a freestanding sign, the sign shall be set back a minimum of ten (10) feet from the public right-of-way.
(6)
Such signs may be attached to the front of a building provided that the sign does not overhang the public right-of-way.
(c)
Reserved.
(d)
Flashing lights and flashing signs shall be prohibited; provided that:
(1)
Readerboards on which copy is changed automatically through electrical or mechanical means no more frequently than once every three (3) seconds shall be permitted; and
(2)
This provision shall not apply to street clocks or time/temperature displays when changes in lighting occur only to indicate the change in time and/or temperature.
(e)
Except as otherwise expressly permitted by this chapter, off-premises signs shall be prohibited, provided however:
(1)
Off-premises signs existing as of August 14, 1984 and erected pursuant to section 33.01-370 of the Code of Virginia (pertaining to outdoor displays along interstate and federal-aid highways) shall be permitted to remain.
(2)
New off-premises signs shall be permitted along Interstate 64 and Interstate 664 only and under the following conditions:
a.
Permitted only if the statutory provisions of the Code of Virginia 1950 (as amended), Title 33.01, Chapter 7, "Outdoor Advertising in Sight of Public Highways," are met.
b.
Permitted only on undeveloped premises of at least three (3) acres and having not less than three hundred (300) feet of public street frontage.
c.
Spaced no less than one thousand (1,000) feet apart.
d.
Located no closer than five hundred (500) feet to the edge of an interchange.
e.
Located no closer than seven hundred fifty (750) feet to any residential district.
f.
Maximum total sign area shall not exceed three hundred (300) square feet per undeveloped premises.
g.
The front yard setback shall be ten (10) feet.
h.
The side yard setback shall be twenty-five (25) feet.
i.
Maximum height shall be forty (40) feet.
(f)
Except as otherwise permitted in this chapter, posters or temporary signs on any public property or public right-of-way, including those attached to trees, telephone poles, public benches, streetlights, or other objects, shall be prohibited.
(g)
Temporary signs, except as exempted in section 33.01-7.(8), including without limitation, flags, banners, pennants, festoons, and any other nonpermanent sign intended to call attention to, advertise or promote sales, special events, openings or similar events, shall be prohibited on any premises beyond the exterior of any building(s).
(h)
Vehicular signs on cars or trucks which are parked or located for the primary purpose of displaying said sign shall be prohibited.
(i)
Signs projecting above the top or ridge of any roof, or above the parapet if higher, shall be prohibited.
(Ord. No. 4308-92)
Sec. 33.01-9. - Existing signs.
(a)
Any permanent sign(s) lawfully existing on the effective date of this chapter and not in conformance with the number, locational, area, dimensional, structural and/or other requirements of the sign regulations existing on the effective date of this chapter may continue to be displayed, provided:
(1)
Any damaged, destroyed or deteriorated existing sign requiring repairs valued at fifty (50) percent or more of its current replacement cost shall be removed or brought into conformance with this chapter.
(2)
Should an existing sign be altered, changed or modified to the point of requiring a building or electrical permit (other than for repairs valued at less than fifty (50) percent of its current replacement cost), such sign shall be brought into conformance with this chapter.
(3)
Such existing signs shall not be altered, modified or changed to increase its existing number, height or area or to decrease its setback. This shall not be construed to prohibit normal maintenance as required elsewhere in this Code.
(b)
The planning commission shall permit existing signs that exceed their permitted number, height or area or that do not meet setback requirements to be reduced in number, height and/or size and/or relocated without complying with the requirements of this chapter provided that:
(1)
An application for relief shall be filed with the director of planning and development and the application shall be accompanied by a fee of two hundred dollars ($200.00), which sum shall be applied to the cost of advertising and expense incidental to reviewing, publishing and processing the application.
(2)
The new sign is at least fifty (50) percent closer to compliance with each of the requirements of this chapter.
(3)
The green area requirements of the site plan ordinance are met.
(4)
It is determined by the planning commission that the proposed sign and its structure are not detrimental to traffic safety or to uses in the general area. Sign area alone shall not be a factor for consideration when determining the existence of any detrimental impact.
(5)
Public notice as required by the Code of Virginia for planning commission public hearings shall be given prior to the planning commission deliberations permitted by this section.
(Ord. No. 4308-92)
Sec. 33.01-10. - Abandoned signs.
For the purposes of this section, the structure of a former sign, or a sign, other than a sign permitted in accordance with the provisions of (i), section 33.01-8(e) and (ii), section 33.01-7(8), shall be deemed to be abandoned when for a period of ninety (90) consecutive days it does not identify or advertise a bona fide business, service, lessor, owner, product or activity located at or offered upon the premises. Such sign(s) or structure(s) of a former sign(s) shall be removed, except that such sign may remain if it is:
(1)
Conforming with all number, locational, area, dimensional and structural requirements of the current sign regulations;
(2)
Properly maintained; and
(3)
Existing on premises, the currently existing improvements of which are reasonably capable of receiving a certificate of use and occupancy.
(Ord. No. 4308-92)
All signs shall be properly maintained. Exposed surfaces shall be clean and surface coated when required to prevent deterioration. Missing or defective parts shall be replaced. The director of codes compliance or his duly authorized representative shall have the authority under Article IV to order the repair or removal of any sign which is defective, damaged or deteriorated.
(Ord. No. 4308-92)