ORD WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require;

Transcription

1 ORD AN ORDINANCE TO AMEND SECTIONS 210.2, 2210 and 2211 OF THE CITY ZONING ORDINANCE, PERTAINING TO DEFINITIONS OF SIGN TYPES, SIGN REGULATIONS IN THE CBC CENTRAL BUSINESS CORE DISTRICT AND SIGN DESIGN GUIDELINES FOR THE CBC CENTRAL BUSINESS CORE DISTRICT Sections Amended: City Zoning Ordinance Sections 210.2, 2210 and 2211 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 210.2, 2210 and 2211 of the City Zoning Ordinance, pertaining to general sign regulations, definitions of sign types, sign regulations in the CBC Central Business Core District, and Sign Design Guidelines for the CBC Central Business Core District, respectively, are hereby amended and reordained, to read as follows: ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ALL DISTRICTS B. SIGN REGULATIONS Sec Definitions. The following definitions shall apply to all regulations pertaining to signs in this Ordinance, including regulations governing signs in zoning districts listed in Section 102(a)(13): Awning sign. A sign painted or printed on, sewn or otherwise affixed to the surface of an awning. For purposes of this definition, an awning is a sheet of canvas or other material stretched on a frame affixed to and projecting from a building or structure and used to keep the sun or rain off of a storefront, window, doorway or deck.

2 Banner sign. A sign consisting of cloth displaying a message. Billboard. A sign, including the supporting sign structure, that advertises or directs the attention of the general public to an establishment, business, product or service that is located on a separate site from the billboard, but not including roadside guide signs, public art sponsorship signs or other signs lawfully located on public property. Building crown sign. A wall sign mounted at least three-fourths (¾) of the distance from ground level to the top of a building no less than thirty-two (32) feet in height. Building frontage means the exterior length of that portion of a building occupied exclusively by a single establishment. Cabinet sign or box sign. A sign that has one or more plastic, acrylic, or similar material panels that may or may not be internally illuminated. The sign panels may be either flat or shaped (pan face) and are attached to a metal frame (cabinet). Canopy sign. A sign on permanently affixed to a building canopy. For purposes of this definition, a canopy is a rigid structure projecting from a building or structure and used to keep the sun or rain off of a storefront, window, doorway or deck. Changeable copy. Informational content, such as removable lettering, that can be readily altered by manual means. Changeable copy does not include electronic displays. Channel lettering sign. A component of a type of wall sign composed consisting of letters and symbols constructed and assembled as individual pieces, whether such pieces are individually mounted or grouped together. Electronic displays sign. A component of a sign containing light emitting diodes (LEDs), fiber optics, light bulbs, plasma display screens or other illumination devices, or a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals, that are used to change the messages, intensity of light or colors displayed by such sign. The term shall not include signs on which lights or other illumination devices display only the temperature or time of day in alternating cycles of not less than five (5) seconds. 2

3 Freestanding sign. A sign supported by structures or supports that are independent of any building or other structure. Hanging sign. A sign that hangs from a soffit or other architectural feature of a building or permanent structure or from a bracket affixed to a building wall. Information board sign. A sign mounted within a display cabinet located in close proximity to the entrance to a building. Major tenant. A single establishment that occupies the space in a building with a building wall height of at least thirty-five (35) feet and with at least one (1) continuous wall containing at least eighty (80) feet of building frontage. Marquee sign. Any sign attached to or hung from a marquee. For the purpose of this article, a marquee is a covered structure projecting from and supported by the building with independent roof and drainage provisions and which is erected over a doorway or doorways. Monument sign. A freestanding sign supported primarily by internal structural framework or integrated into landscaping or other solid structural features other than support poles, the base of which is at least seventy-five (75) percent of the total width of the sign. Monument signs have the following additional characteristics: (a) The width of the base does not exceed twice the height of the total sign structure and does not extend more than one (1) foot beyond either outside edge of the face of the sign; (b) The height of the base is between eighteen (18) inches and four (4) feet; and (c) The maximum height of the sign, as measured from ground level, does not exceed eight (8) feet. Neon sign. An illuminated sign containing a glass tube or tubes filled with neon, other noble gases or phosphors, bent to form letters, symbols or other shapes. Occupancy frontage. The exterior length of that portion of a building occupied by a retail, office or other nonresidential use having at least one (1) exterior public entrance. Projecting or blade sign. A sign that projects from and is supported by a wall or 3

4 parapet of a building with the display surface of the sign in a plane perpendicular to the wall surface to which it is affixed. Sandwich board or A-frame sign. A two-sided portable sign, hinged or attached at the top of the sign panels, designed to be set out in front of the building which the sign is located or carried by a person standing between the two sign panels. Sign. Any structure, display, device or other object or thing, visible from any public street or right-of-way, any area open to use by the general public, or any navigable body of water, including, but not limited to, any word, letter, series of words or letters, painting, mural, logo, insignia, emblem, service mark or other graphic or pictorial representation, which that: (i) identifies or advertises, or directs or attracts attention to, any product, merchandise, service, business or establishment, (ii) or which suggests the identity or nature of any business or establishment, (iii) or which invites or proposes a commercial transaction, or (iv) communicates a message of a noncommercial nature. The term does not include architectural elements incorporated into the style or function of a building, numerals signifying a property address, dates of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type construction and made an integral part of the structure. Table umbrella sign. A sign that is part of the fabric, or affixed to the pole, of a table umbrella. Temporary sign. A sign constructed of cloth, canvas, vinyl, paper, plywood, fabric, or other lightweight material designed to be displayed and removed within a limited period of time and neither permanently installed in the ground nor permanently affixed to a building or structure permanently installed in the ground. Traffic direction sign. A sign, whether temporary or permanent, oriented primarily so as to be visible to vehicles entering the premises on which such sign is located. Wall sign. A sign attached to or painted on the wall of a building or structure in a plane parallel or approximately parallel to the plane of said wall. Window sign. A sign posted, painted, placed, or affixed in or on a window exposed to public view. An interior sign that faces a window exposed to public view and that is located within three (3) feet of the window shall be considered a window sign. 4

5 ARTICLE 22. CENTRAL BUSINESS CORE DISTRICT B. DEVELOPMENT REGULATIONS Sec Development standards. (d) Permitted encroachments. (2) Encroachments into or over public streets, sidewalks or other public rightsof-way property shall be permitted in accordance with Article VI of Chapter 33 of the City Code, except as otherwise provided in this Article. All encroaching structures and signs shall conform to the applicable Central Business Core District Design Guidelines. C. SIGN REGULATIONS Sec Regulations applicable to all signage. The following regulations shall apply to all signage within the Central Business Core District. All signage shall comply with the provisions of Article 2, Part B of the City Zoning Ordinance, except as otherwise expressly provided in this section. Definitions of sign types shall be as set forth in Section In the event of a conflict between the provisions of this section and any other provision of the City Zoning Ordinance, the provisions of this section shall apply. (a) Permitted signs types. The following signs types shall be permitted within the Central Business Core District: (1) Awning signs shall be limited to one (1) sign per awning and shall not exceed a maximum of two (2) square feet in area; provided, however, that an establishment with no wall signs may apply its wall signage allowance, if any, to one (1) awning, in addition to the maximum two square-foot signs permitted on the remaining awnings. In such cases, the awning and sign must conform to the Central Business Core District Design Guidelines. Awning signs shall not be internally illuminated. Awnings shall not horizontally extend more than three (3) feet over the public street, sidewalk or 5

6 other public property or from the building façade and shall have a minimum vertical clearance of eight (8) feet above ground level. Awning signs conforming to the Central Business District Design Guidelines shall not be included in determining the allowable signage of any establishment pursuant to subsection (b). (2) Banner signs other than those allowed in connection with major entertainment venues shall be affixed only to a vertical façade of the building and not on, or extending above, the roof. No banner sign shall exceed eight (8) square feet in area or be higher than fifteen (15) feet above street level directly below such sign. The longer dimension of the sign shall be no less than two times the shorter dimension. One (1) such sign shall be allowed for every twenty-five (25) linear feet of frontage of the building to which they are affixed. permitted on buildings no less than thirty-two (32) feet in height and must conform to the Central Business Core District Design Guidelines. Banner signs shall not be internally illuminated. Banners shall have a minimum vertical clearance of fifteen (15) feet above ground level, shall not horizontally extend more than five (5) feet over the public street, sidewalk or other public property or from the building façade, and shall not extend above the top of the building façade. Banners shall be securely mounted by means of mounting hardware perpendicularly to a vertical building wall. (3) [RESERVED] Building crown signs. In addition to other signage allowed by this section, buildings no less than thirty-two (32) feet in height may have a maximum of two (2) building crown signs. Buildings no less than fifty-two (52) feet in height may have a maximum of four (4) building crown signs, provided they conform to the Central Business Core District Design Guidelines. Building crown signs shall not exceed the area set forth below, nor shall more than one such sign be placed on each building façade. Such signs shall be mounted at least three-fourths (¾) of the distance from ground level to the top of the building façade, but no higher than the top of the building façade. No such sign shall horizontally extend into the public street, sidewalk or other public property or from the building façade more than the amount listed below. 6

7 Bldg. height (in feet) Maximum area per sign (in square feet) Less than or more Maximum extension from building (in feet) (4) Changeable copy shall only be allowed as part of a marquee sign, where the changeable copy portion of such signs is not greater than forty percent (40%) of the total area of the marquee sign or twenty percent (20%) of the total sign area allowance of an establishment, whichever is less. Skewed or missing lettering shall be promptly replaced. Canopy signs shall be limited to one (1) sign per canopy and shall not exceed a maximum of two (2) square feet in area; provided, however, that an establishment with no wall signs may apply its wall signage allowance, if any, to one (1) canopy, in addition to the maximum two square-foot signs permitted on the remaining canopies. In such cases, the canopy and sign must conform to the Central Business Core District Design Guidelines. No canopy sign shall exceed two (2) feet in height or one (1) foot in depth. No canopy sign shall extend outside of the width of the canopy on which it is located. Canopies shall not horizontally extend more than three (3) feet over the public street, sidewalk or other public property or from the building and shall have a minimum vertical clearance of eight (8) feet. (5) Electronic display signs, rope lighting, low-voltage strip lighting or strings of lights shall be allowed only for major entertainment venues and shall require the approval of the City Council. [RESERVED] (6) Freestanding signs shall be monument-style only and shall be allowed only by special exception for Alternative Compliance and only if the City Council determines that such signs conform to the applicable Central Business Core District Design Guidelines pursuant to Section 2205.

8 (7) Hanging signs shall be limited to one (1) sign for each building façade occupied by a ground story establishment and shall not exceed nine (9) square feet in area. Such signs shall have a maximum of two (2) faces, which shall be parallel to each other., and shall not exceed six (6) square feet per face in sign area. In addition, no business establishment shall have more than one (1) hanging sign, and no business No establishment having a hanging sign shall also have a projecting sign on the same building façade. No hanging sign shall be internally illuminated. Hanging signs shall not or horizontally project over any public sidewalk by extend more than three (3) feet over the public street, sidewalk or other public property or from the building façade and. Hanging signs shall maintain a minimum vertical clearance of eight (8) feet above ground level. Any hanging sign that projects over a public sidewalk shall conform to all applicable Central Business Core District Design Guidelines. (8) Information board signs shall be placed within a weather-resistant closed display cabinet no greater than eight (8) square feet in area, permanently mounted to the building wall façade and extending no more than six (6) inches over the public street, sidewalk or other public property or from the building façade. The maximum height of the lettering on such signs shall not exceed two (2) inches. Information board signs conforming to the Central Business Core District Design Guidelines shall not be included in determining the allowable signage of any establishment pursuant to subsection (b). (9) Major entertainment venue signs shall be permitted in accordance with the provisions of Section 218. (10) Marquee signs shall be allowed only on buildings occupied by theaters, cinemas, performing arts facilities or similar venues, and shall have a maximum area of one (1) square foot for each five (5) linear feet of building façade to which it is attached shall conform to the Central Business Core District Design Guidelines. The top of the such signs shall be at a height no greater than eighteen (18) feet above the ground immediately adjacent to the sign level, and there shall be the marquee shall have a minimum vertical clearance of nine (9) feet above ground level. In addition, such signs may contain changeable copy as 8

9 permitted by subdivision (4) subsection (b)(7). Marquee signs may encroach above over a public street, sidewalk or other public property by a maximum horizontal distance of ten (10) feet if such marquee conforms to the Central Business Core District Design Guidelines. (11) Public or private parking structures and parking garages may have one (1) sign per vehicle entrance and two (2) additional signs, all of which may be project from the building to which they are affixed by a maximum of four (4) feet. Such signs shall maintain a minimum clearance of nine (9) feet above ground level. Such signs shall be no larger than seventy-five (75) square feet in area and be internally illuminated. [RESERVED] (12) Projecting signs Projecting or blade signs shall be limited to one (1) sign for each building façade occupied by a ground story establishment. Such signs shall have a maximum of two (2) faces, which shall be parallel to each other, and no establishment having a projecting sign shall also have a hanging sign on the same building façade. Projecting signs shall not be internally illuminated and shall not exceed six (6) nine (9) square feet per face in sign area. or horizontally extend more than three (3) feet over the public street, sidewalk or other public property or from the building façade, provided, however, that an establishment with no wall sign may apply its wall signage allowance, if any, to one (1) projecting sign, if it conforms to the Central Business Core District Design Guidelines. All projecting signs shall maintain a minimum vertical clearance of eight (8) feet above ground level. No projecting sign shall be internally illuminated or, except for parking garage signs, project more than three (3) feet from the wall to which it is affixed. Such signs shall maintain a minimum clearance of nine (9) feet above ground level. No business establishment shall have more than one (1) such projecting sign, and no business establishment having a projecting sign shall also have a hanging sign. Any projecting sign that projects over a public sidewalk shall conform to all applicable Central Business Core District Design Guidelines. (13) Sandwich board, A-frame or other signs placed on the sidewalk shall be made primarily of wood, wood composite or metal and have a professional finish. Incorporated inserts must contain a fixed message or be made out of chalkboard, dry eraser board, or 9

10 similar material. Such signs shall be placed no farther than three (3) feet from directly in front of the façade of the building in which the business establishment that is the subject of associated with the sign is located, and a travel width horizontal clearance of at least eight (8) feet shall be maintained on public sidewalks. Such signs shall not be artificially illuminated or left out overnight. Only A maximum of one (1) sandwich board such sign, not to exceed six square feet per side, shall be permitted per business establishment. No merchandise or other material shall be placed on or hang from any such sign. Sidewalk signs other than sandwich board, A-frame style (not hinged at the top) are permitted if they conform to the Central Business Core District Design Guidelines. Such signs may be carried by a person on a public sidewalk so long as such sign does not obstruct or impede pedestrian passage. Sandwich board signs conforming to the Central Business District Design Guidelines shall not be included in determining the allowable signage of any establishment pursuant to subsection (b). (14) Signs located on property for sale, lease or rent shall be permitted; provided, however that no such sign shall exceed four (4) square feet in surface area. Not more than two (2) such signs shall be permitted for any property having more than one hundred (100) feet of lot line adjoining the street, and any property having less than one hundred (100) feet of such lot line shall have no more than one sign not exceeding sixteen (16) square feet in area. [RESERVED] (15) Table umbrella signs shall be limited to no more than two (2) signs on each umbrella and no more than two (2) square feet per sign. Table umbrella signs conforming to the Central Business Core District Design Guidelines shall not be included in determining the allowable signage of any establishment pursuant to subsection (b). (16) Wall signs shall not exceed sixty (60) square feet or one (1) square foot per linear foot of building frontage. Establishments located on the ground or second story shall be permitted one (1) such sign on each building façade occupied by the establishment. No wall sign shall extend above the building façade wall to which they are affixed, and no wall sign shall or horizontally extend more than twelve (12) inches over the public street, sidewalk or other public property or from the building façade wall to which they are affixed. 10

11 (17) Window signs shall not exceed, in the aggregate, ten per cent (10%) of the total area of the windows in which they are located; provided however that an establishment with no wall signs may apply its wall sign allowance to any window. In such cases, window signs must conform to the Central Business Core District Design Guidelines. Window signs shall not consist of or contain oscillating lights, rope lighting, low-voltage strip lighting, electronic displays signs, televisions, or computer monitors, or backlit or internally illuminated displays or graphics; provided, however, that holiday lights framing or placed inside windows shall be allowed for a period of thirty (30) days prior to and ten (10) days after a holiday for which the display of such lights is traditional. non-oscillating Neon or similar types of signs no larger than not to exceed the area specified above four (4) square feet in area shall be permitted if such signs conform to the Central Business Core District Design Guidelines visible from a public street or sidewalk. (18) In addition to other signage allowed by this section, commercial buildings may have a maximum of two (2) signs not exceeding the area set forth below. Such signs shall be mounted at least threefourths (¾) of the distance from ground level to the top of the building, but no higher than the roofline. Additionally, two (2) signs, not exceeding twenty (20) square feet each, may be allowed at street level. Bldg Height (in feet) Maximum area per sign (in square feet) Less than or more

12 (b) Signage allowances. Special regulations. The regulations set forth in this subsection prescribe the number of signs, total sign area allowance and other characteristics of signage within the District. (1) Unless otherwise provided, the allowances regulations set forth in this section apply to each separate business establishment. (2) In the event of a conflict between any of the following provisions and the provisions of subsection (a), the provisions of this subsection control unless stated otherwise. (1) Mixed-use buildings. Commercial business establishments located within mixed-use buildings and having direct ingress or egress from a public street may have a maximum of one (1) square foot of signage per linear foot of each building wall facing a public street and occupied by such establishment and a maximum of four (4) signs. No such sign shall exceed sixty (60) square feet in area and no single use shall have more than two (2) signs on any building façade. In addition, one (1) sign identifying the entrance to upper-floor residential dwelling units and not exceeding eight (8) square feet shall be permitted at street level at each principal entrance. (2) Other buildings. In addition to signs allowed by Section (a)(18), establishments located within buildings other than mixed-use buildings and having direct ingress or egress from a public street or sidewalk may have a maximum of one (1) square foot of signage per linear foot of each building wall occupied by such establishment and facing a public street. Such establishment may have a maximum of one (1) sign for each building façade facing a public street. (3) All signs that encroach into or over a public street, sidewalk, or other public property shall conform to the Central Business Core District Design Guidelines unless otherwise authorized by resolution of the City Council pursuant to Article VI of Chapter 33 of the City Code. (4) Except as expressly allowed, no sign shall be located above the second story of any building. 12

13 (5) Except as expressly allowed, all signs shall be located on that portion of a building wall occupied exclusively by the establishment that is associated with the sign. (6) Cabinet or box signs, either standing alone or as a component of a sign, shall not be allowed. (7) Changeable copy shall only be allowed as part of a marquee sign, where the changeable copy portion of such signs is not greater than forty percent (40%) of the total area of the marquee sign. Skewed or missing lettering shall be promptly replaced. (8) Electronic displays shall be allowed only for major entertainment venues and shall require the approval of the City Council as specified in Section 218. (9) Neon signs shall not oscillate, blink or flash and shall only be allowed in windows as specified in Section (a)(17). (10) Parking structures and parking garages, public or private, may have one (1) wall sign and one (1) projecting sign per pedestrian or vehicle entrance. The maximum sign area for such wall signs shall not exceed one foot per linear foot of the width of the entrance. The maximum area for projecting signs shall not exceed (sixty) 60 square feet and shall not horizontally extend more than six (6) feet over the public street, sidewalk or other public property or from the building façade. Projecting signs on parking structures may be internally illuminated. Wall or projecting signs at pedestrian entrances shall be located at ground floor height. In addition to wall and projecting signs, parking structures no less than thirty-two (32) feet in height shall also have no more than two (2) building crown signs. Unless otherwise specified, no signs on parking structures or garages shall exceed the dimensions specified in Section 2210(a). Additionally, where Where a commercial building is located on a zoning lot with a parking structure that is used to satisfy, in whole or in part, the vehicular parking requirements of the commercial building, such commercial building may have, in addition to other signage permitted by this section, one (1) wall sign with a maximum 13

14 (c) area equal to one (1) square foot of signage per linear foot of the building wall on which the sign is located for each building façade facing a public street, and one (1) wall sign, which shall be located on the parking structure serving the commercial building, and which may be located above the second story of the structure. with Such sign shall have a maximum an area no greater than one (1) square foot of signage per linear foot of the building wall of the parking structure on which the sign is located, not to exceed sixty (60) square feet. Multiple-family dwellings may have a total of one (1) square foot of signage per linear foot and a maximum of two (2) signs for each building façade facing a public street. (11) Temporary signs located on property for sale, lease or rent shall not exceed sixteen (16) square feet in area. Not more than one (1) such sign is permitted for each building frontage; provided, however, that leasable spaces with a building frontage one hundred (100) feet or greater in width shall be permitted a maximum of two (2) such signs. Properties with no buildings shall be subject to the regulations of the B-3 Central Business District pursuant to Section 905(c). Central Business Core District Design Guidelines; Bonus Signage. 1. Signage conforming to the Central Business Core District Design Guidelines ( Design Guidelines ) shall be subject to the following provisions: 2. Where all signage displayed by an establishment conforms to the Design Guidelines, the maximum sign area of each individual sign, and the total sign area allowance of the establishment, if any, is increased by twenty-five per cent (25%) of the area otherwise allowed by this section. Any establishment that is entitled to three or more signs may also have one additional bonus sign of an allowed sign type, other than a projecting sign, which sign shall conform to the Design Guidelines and all applicable provisions of this section; provided, however, that the total sign area of all signage shall not be further increased by reason of the bonus sign. 14

15 All signs that are allowed to encroach into or over a public street or sidewalk shall conform to the Design Guidelines unless otherwise authorized by resolution of the City Council pursuant to City Code Section The Planning Director shall determine whether or not signage conforms to the Design Guidelines and may, in making such determination, seek the advice of the Central Business District Association Design Review Committee or a designated subcommittee thereof. D. Design Guidelines Sec Central Business Core District Design Guidelines. The Central Business Core District Design Guidelines (January 2014, October 2016) ( Design Guidelines ) appended hereto are hereby incorporated by reference into this Article. Such Design Guidelines shall supersede Section V (Architectural Guidelines) and Sections VII through X (Signage Guidelines/Design Review Process) of the Central Business District Urban Guidelines (February 4, 2004), and the Special Area Design Guidelines, Urban Areas, set forth in the Reference Handbook of the Comprehensive Plan. The Planning Director shall determine whether or not a proposed design conforms to the Design Guidelines and may, in making such determination, seek the advice of the Central Business District Association Design Review Committee or a designated subcommittee thereof. Such determination shall be appealable to the Board of Zoning Appeals. Adopted by the City Council of the City of Virginia Beach on the 18 th day of October,