CITY OF VIRGINIA BEACH AMENDMENT TO ZONING · PDF fileAMENDMENT TO ZONING ORDINANCE:...

7 June 9, 2010 Public Hearing

CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE:

ELECTRONIC DISPLAY SIGNS

REQUEST: An Ordinance to amend Sections 111 and 212 of the City Zoning Ordinance, defining the term “Electronic Display Sign” and prohibiting such signs in all zoning districts. This ordinance is being expedited to City Council and will be heard at the June 22, 2010 City Council meeting, City Council Chambers, 6:00 pm. BACKGROUND

8/25/09 City Council refers amendment to the Zoning Ordinance regarding the regulation of electronic display signs.

9/09 – 11/09 Planning Commission holds public workshops and meetings 1/13/10 Planning Commission recommends a more restrictive “Alternate Ordinance” to City

Council allowing the electronic display portion of the sign to have one color with a black background and a 30 second dwell time.

2/9/10 City Council defers the ordinance to allow for a staff briefing. 2/16/10 City Council is briefed by staff. Council Member Davis and Council Member Wilson are

appointed by City Council as a subcommittee to draft a compromise ordinance. 2/19/10 First Council subcommittee meeting 2/26/10 Second Council subcommittee meeting 3/10/10 City Council indefinitely defers proposed amendments 4/13/10 City Council directs the Planning Commission to consider prohibiting electronic display

signage in Virginia Beach or to recommend amendments concerning the regulation of such signs. The City Council also directed the Planning Commission to provide for a public input process and to act by June 9th.

4/14/10 Mayor Sessoms appoints a City Council committee consisting of 10 community stakeholders.

5/4/10 5/11/10

Subcommittee meets with City Staff, including a facilitator, Councilmembers Glenn Davis and Rosemary Wilson and Planning Commissioners Jan Anderson, Jay Bernas and Dave Redmond. City Council Committee Alternative ordinance drafted.

CITY OF VIRGINIA BEACH – ELECTRONIC DISPLAY SIGNS Agenda Item 7

SUMMARY OF AMENDMENTS There are two sets of amendments attached to this report. The first set of amendments is that referred to the Planning Commission by the City Council, which, if adopted, will prohibit electronic display signs within the City of Virginia Beach. The second set of amendments was developed as a result of two meetings of the City Council Committee appointed by Mayor Sessoms. A summary of this alternative ordinance follows. Summary of ‘City Council Committee Alternative’ – For additional information regarding the content of this alternative please see the attached letter to the Planning Commission from Jack Whitney, Planning Director, dated June 2, 2010.

Section 111 – Definitions The amendments in Lines 71-77 define the term "electronic display sign." Specifically excluded from the definition are ordinary time/temperature signs that do not alternate cycles more frequently than every five seconds. The remaining amendments to the section refine the definition of the term "monument sign."

Section 217 This is a new section for the Zoning Ordinance. The proposed amendments in this section allow electronic display signs only in the following zoning districts or special situations:

• In conjunction with schools and other public uses in all zoning districts; • In public parks (with the approval of the City Council); • In conjunction with hotels in the RT-1 Resort Tourist District; and • In the B-1A though B-4C Business Districts, which encompasses all Business Districts

except the B-1 Neighborhood Business District and B-4K Historic Kempsville Area Mixed Use District; however, since all freestanding signs in the B-3A and B-4C Districts require the approval of the City Council under the current provisions of Section 905 (d) (4) of the Zoning Ordinance, electronic display signs in those two districts would require City Council approval.

The amendments also provide that electronic display signs (1) are not permitted within any Historic and Cultural District, (2) cannot be illuminated between the hours of 10:00 p.m. and 6:00 a.m. if visible from any portion of a Residential or Apartment District or any portion of PDH-1 Planned Unit Development District other than a commercial area, and (3) are allowed by conditional use permit in conjunction with assembly uses (churches) located in any Residential or Apartment zoning district. In addition, there are a number of requirements specific to electronic display signs that address the special characteristics of such signs:

• Only one electronic display sign is allowed on any zoning lot; • Cannot exceed a height of eight feet, must be monument style, and the area of the sign

face devoted to the electronic display cannot exceed 50 percent of the total area of the sign face or 32 square feet, whichever is less;


• All electronic displays shall remain static for a period of at least one hour, and change sequences must be instantaneous. Scrolling, flashing, blinking or any other type of intermittent illumination of elements of the display are not allowed;

• The electronic display portion of the sign can only display text and two colors. No pictures, logos or other graphic elements can be electronically displayed.

• The pixel pitch of the electronic display must be 19 millimeters of smaller; • All wiring to the sign must be installed underground; • Video displays or audio speakers on, or electronically connected to, the signs are not

permitted; • The signs cannot exceed a maximum illumination of five thousand (5,000) candelas per

square meter from sunrise to sunset or five hundred (500) candelas per square meter between sunset and sunrise, as measured from the sign face at maximum brightness;

• Signs must be equipped with a working dimmer control device capable of automatically reducing the illumination to the required sunset-to-sunrise level; and

• No electronic display sign can advertise or direct the attention of the general public to an establishment, business, or service that is located on a separate site from the zoning lot on which the sign is located. This provision is consistent with the City's prohibition of billboards.

• Additional landscaping is required at the base of a freestanding electronic display sign. The current code requires 75 square feet of unspecified plant material. This proposed ordinance requires a minimum of 100 square feet of landscaping to include ground cover other than grass, low evergreen shrubs and perennial and annual flowering plants.

EVALUATION In sum, the Planning Commission has two sets of amendments to the City Zoning Ordinance to consider:

1. The amendments referred by the City Council on April 13, which, if adopted, will prohibit electronic display signs; and

2. The amendments resulting from the meetings of the Committee appointed by the City Council, held on May 4 and May 11.

The Planning Commission must act on the ordinance referred by the City Council as directed in the Resolution of April 13, 2010. The Planning Commission may also act on the ordinance amendments resulting from the City Council Committee, which is attached to this report and labeled ‘City Council Committee Alternate.’ This set of amendments is similar to the version developed by the Planning Commission and recommended for approval to the City Council on January 13, 2010, but has been revised to include the two colors, increased landscaping and a one hour dwell time as discussed by the City Council Committee. Staff notes that the City currently has no regulations governing electronic display signs and that since the March 10th indefinite deferral of the LED sign ordinance by City Council, 28 new LED signs have been administratively approved with no regulation on their appearance or dwell time. The City Council Committee Alternative is an acceptable compromise that allows the electronic display technology, while placing significant controls on the appearance, dwell time and landscaping for these signs that help protect community aesthetics and public safety.


. MUNICIPAL CENTER

BUILDING 2, ROOM 115 2405 COURTHOUSE DRIVE

VIRGINIA BEACH, VA 23456-9040

PLANNING DEPARTMENT PHONE (757) 385-4621 FAX (757) 385-5667 TTY 711

June 2, 2010 Planning Commission Chair and Members of Planning Commission Subject: City Council Committee Alternative Version

Electronic Display Sign Regulations Dear Planning Commission Chair and Members of Planning Commission:

As you are aware, on March 30th, City Council deferred indefinitely the ordinance

regarding the regulation of on-site electronic display signs, also known as LED signs. On April

13th, City Council referred the matter back to the Planning Commission and directed the

Planning Commission to consider prohibiting electronic display signage in Virginia Beach or to

recommend amendments concerning the regulation of such signs. The City Council also directed

the Planning Commission to provide for a public process including, but not limited to,

participation by representatives of the Council of Garden Clubs of Virginia Beach, the Virginia

Beach Beautification Commission, the Council of Civic Organizations, the Hampton Roads

Chamber of Commerce and members of the sign industry.

Shortly after the ordinance was referred back to the Commission, Mayor Sessoms

appointed a committee of ten members representing these organizations, as well as others. The

committee thereafter met with City Staff, including a facilitator, Councilmembers Glenn Davis

and Rosemary Wilson and Planning Commissioners Jan Anderson, Jay Bernas and Dave

Redmond on two occasions, May 5 and May 11. Both meetings were open to the public and

were advertised in accordance with the requirements of the Freedom of Information Act.

June 2, 2010 Page 2 of 3

At the May 5 meeting, the Committee discussed a prohibition of on-site LED signs and,

by a vote of six to four, recommended against a prohibition of electronic display signs. No

consensus regarding the other aspects of the regulations was reached at that meeting.

At the May 11th meeting, the most difficult issues discussed concerned the number of

colors to be allowed on the LED portion of a sign, whether a full color logo would be allowed on

the LED portion of a sign, and the minimum amount of time a display must remain static (“dwell

time”). While the committee thoroughly discussed each of those issues, it was unable to arrive at

a consensus in which all, or a clear majority, of the members agreed on the appropriate provision

on any of the three. With respect to the first two issues, however, the members eventually

accepted a compromise version that would allow displays to contain two colors of text, without

logos or other graphics on the LED portion of a sign, and would allow the LED background to be

illuminated.

With respect to the issue of dwell time, no consensus or compromise could be reached.

As a result, a vote was taken in which each of the ten committee members was asked whether he

or she favored a minimum dwell time of one hour, one minute or thirty seconds. Five members

voted for one hour, four members for thirty seconds, and one member voted for one minute.

The ordinance in your agenda contains a one-hour minimum dwell time, reflecting the plurality

vote of the committee. Because there was neither a majority nor a clear consensus, the Planning

Commission may wish to pay special attention to this issue.

Other provisions, such as the maximum area of the LED portion of the sign, the type or

style of sign (freestanding monument), maximum height, zoning districts in which LED signs are

allowed, pixel pitch (the distance between the adjacent pixels, expressed in millimeters) and

June 2, 2010 Page 3 of 3

maximum illumination were agreed to by consensus. In addition, the committee recommended

that the landscaping requirements be enhanced, and those provisions were added to the

ordinance. As with any other ordinance coming before you, you are free to either recommend

approval, recommend denial, or recommend approval of a revised version of the ordinance.

Sincerely yours, William J. Whitney, Jr. Planning Director WJW:jms

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A RESOLUTION REFERRING TO THE PLANNING

COMMISSION AMENDMENTS TO THE CITY ZONING

ORDINANCE DEFINING ELECTRONIC DISPLAY SIGN

AND PROHIBITING SUCH SIGNS IN ALL ZONING

DISTRICTS

WHEREAS the public necessity convenience general welfare and good zoning

practice so require

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH

VIRGINIA

That there is hereby referred to the Planning Commission for its consideration

and recommendation proposed amendments to the City Zoning Ordinance defining the

term electronic display sign and prohibiting such signs in all zoning districts A true

copy of such proposed amendments is hereto attached The Planning Commission is

also directed to consider such other amendments concerning the prohibition or

regulation of electronic display signs as it may deem appropriate

BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA

BEACH VIRGINIA

That the Planning Commission shall provide for a public process exceeding the

requirements of law in considering the proposed amendments and to that end shall

solicit the participation of interested stakeholder groups including but not limited to the

Council of Garden Clubs of Virginia Beach the Virginia Beach Beautification

Commission the Council of Civic Organizations the Hampton Roads Chamber of

Commerce and members of the sign industry doing business in Virginia Beach aridsuch other individuals and groups as the Mayor or the City Council may designate

BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA

BEACH VIRGINIA

That the Planning Commission is hereby directed to report to the City Council its

recommendations concerning the proposed amendments or such other amendments

concerning the prohibition or regulation of electronic display signs as it may deem

appropriate by no later than June 9 2010

Adopted by the Council of the City of Virginia Beach Virginia on the

day of 20101

APPROVED AS TO LEGAL SUFFICIENCY

V1MCity AttorneysOffice

CA11491R1

March 31 2010

1 AN ORDINANCE TO AMEND SECTIONS 111 AND 212 OF

2 THE CITY ZONING ORDINANCE DEFINING THE TERM

3 ELECTRONIC DISPLAY SIGN AND PROHIBITING SUCH

4 SIGNS IN ALL ZONING DISTRICTS

56 Section Amended City Zoning Ordinance Sections 111 and

7 212

8

9 WHEREAS the public necessity convenience general welfare and good zoning10 practice so require11

12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA

13 BEACH VIRGINIA14

15 That Sections 111 and 212 of the City Zoning Ordinance are hereby amended

16 and reordained to read as follows17

18 Sec 111 Definitions

19 For the purpose of this ordinance words used in the present tense shall include

20 the future words used in the singular number include the plural and the plural the

21 singular the use of any gender shall be applicable to all genders the word shall is

22 mandatory the word may is permissive the word land includes only the area

23 described as being above mean sea level and the word person includes an individual

24 a partnership association or corporation25

26 In addition the following terms shall be defined as herein indicated

27

28 Sign electronic display A sign containing light emitting diodes LEDs fiber

29 optics light bulbs plasma display screens or other illumination devices or a series of

30 vertical or horizontal slats or cylinders that are capable of being rotated at mtervalsthat

31 are used to change the messages intensity of light or colors displayed by such sign

32 The term shall not include signs on which lights or other illumination devices display

33 only the temperature or time of day in alternating cycles of not less than five 5

34 seconds3536 COMMENT

37 The amendments define the term electronic display sign Specifically excluded from the

38 definition are ordinary timetemperature signs that do not alternate cycles more frequently than

39 every five seconds

4041

42 ARTICLE 2 GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE43 TO ALL DISTRICTS44

45

46 B SIGN REGULATIONS47

4849

50 Sec 212 Prohibited signs51

52 The following signs shall be prohibited53

54

55

56 m Electronic display signs5758

59 COMMENT

6061 The amendments prohibit electronic display signs in all zoning districts As the proposed62 definition of the term electronic display sign excludes time and temperature signs that alternate63 in cycles of no less than five seconds such signs would not be included within the prohibition64

6566 Adopted by the City Council of the City of Virginia Beach Virginia on the67 day of 2010

Approved as to Legal Sufficiency

V 1tipl

City Attorneys ffice

CA11492R1

March 31 2010

2

CITY COUNCIL COMMITTEE ALTERNATIVE 1 2

3 AN ORDINANCE TO AMEND SECTION 111 AND ADD 4 NEW SECTION 217 TO THE CITY ZONING ORDINANCE, 5 DEFINING MONUMENT SIGNS AND ELECTRONIC 6 DISPLAY SIGNS AND ESTABLISHING REQUIREMENTS 7 FOR SUCH SIGNS 8

9 Section Amended: City Zoning Ordinance Section 111 10 11 Section Added: City Zoning Ordinance Sections 217 12

WHEREAS, the City Council deems traffic safety and community appearance, 13 including the economic benefits accruing to the City as a result of its attractiveness to 14 visitors and businesses, to be important governmental interests deserving of protection; 15 and 16 17 WHEREAS, signs that are capable of changing messages by electronic means 18 (electronic display signs) are designed to attract and hold the attention of motorists and 19 other passers-by and are generally brighter and visible from greater distances than 20 conventional, non-electronic signs; and 21 22 WHEREAS, electronic display signs are capable of providing a greater amount of 23 information than conventional signs by virtue of their visibility and ability to easily 24 change the messages they display, and therefore attract the attention of consumers and 25 other persons desiring to have such information immediately available to them, such 26 that they have the potential, without strict regulation of certain of their characteristics, to 27 unreasonably distract motorists and to significantly and adversely affect the appearance 28 of the City; and 29 30 WHEREAS, the City Council finds that limiting the frequency of message 31 changes and requiring messages to remain static, rather than animated or intermittent, 32 is of paramount importance in ensuring that electronic display signs are not garish, 33 unattractive and unreasonably distracting to motorists; and 34 35 WHEREAS, the City Council finds that the regulation of electronic display signs 36 provided by this Ordinance will substantially protect and advance the interests in traffic 37 safety and community appearance of the City, its residents and its businesses by 38 limiting the type of illumination, frequency of message changes, number, size, height, 39 location, brightness, and other characteristics of such signs; and 40 41

2

WHEREAS, the City Council also finds that, in order to ensure that the public 42 benefits derived from expenditures of public funds for the improvement and 43 beautification of streets and other public structures and spaces will be protected, it is 44 necessary and in the public interest to exercise reasonable control over electronic 45 display signs in the manner set forth in this Ordinance; and 46 47 WHEREAS, it is not the purpose of the City Council in adopting this Ordinance 48 to regulate the content of the messages displayed on such signs in a manner 49 inconsistent with the protections afforded by the Constitutions of the United States and 50 Commonwealth of Virginia, but rather to do so in a manner in which the regulations set 51 forth herein (1) are content-neutral; (2) are narrowly tailored to serve the aforesaid 52 governmental interests and (3) allow ample alternative means of communication; 53 54

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 55 OF VIRGINIA BEACH, VIRGINIA: 56

57 That Section 111 of the City Zoning Ordinance is hereby amended and 58

reordained, and a new Section 217, pertaining to electronic display signs, is hereby 59 added, to read as follows: 60

61 Sec. 111. Definitions. 62

For the purpose of this ordinance, words used in the present tense shall include 63 the future; words used in the singular number include the plural and the plural the 64 singular; the use of any gender shall be applicable to all genders; the word "shall" is 65 mandatory; the word "may" is permissive; the word "land" includes only the area 66 described as being above mean sea level; and the word "person" includes an individual, 67 a partnership, association, or corporation. In addition, the following terms shall be 68 defined as herein indicated: 69 . . . . 70

Sign, electronic display. A sign containing light emitting diodes (LEDs), fiber 71 optics, light bulbs, plasma display screens or other illumination devices, or a series of 72 vertical or horizontal slats or cylinders that are capable of being rotated at intervals, that 73 are used to change the messages, intensity of light or colors displayed by such sign. 74 The term shall not include signs on which lights or other illumination devices display 75 only the temperature or time of day in alternating cycles of not less than five (5) seconds 76 or only motor vehicle fuel prices displayed continuously. 77 78 Sign, monument. A freestanding sign supported primarily by internal structural 79 framework or integrated into landscaping or other solid structural features other than 80 support poles, and the base of which is at least seventy-five (75) percent of the total 81 width of the sign. Monument signs have the following additional characteristics: 82 83

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(a) The width of the base does not exceed twice the height of the total sign 84 structure and does not extend more than one (1) foot beyond either outside edge of the 85 face of the sign; 86 87 (b) The height of the base is between eighteen (18) inches and four (4) feet; 88 and 89 90 (c) The maximum height of the sign, as measured from ground level, does not 91 exceed eight (8) feet. 92

93

COMMENT 94

The amendments to Section 111 define the term "electronic display sign." Specifically 95 excluded from the definition are ordinary time/temperature signs that do not alternate cycles more 96 frequently than every five seconds and signs continuously displaying only gasoline prices. The 97 remaining amendments to the section refine the definition of the term "monument sign." 98 99 . . . . 100 101 102 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 103 TO ALL DISTRICTS 104 105 . . . . 106 107 B. SIGN REGULATIONS 108 109 . . . . 110 111 Sec. 217. Electronic display signs. 112 113 (a) Electronic display signs shall conform to the provisions of this section, all 114 applicable general sign regulations set forth in Part B of Article 2 and all applicable sign 115 regulations of the district in which an electronic display sign is located. 116 117 (b) Electronic display signs shall be allowed: 118 119

(1) In the B-1A, B-2, B-3 and B-4 Business Districts; 120 121 (2) In conjunction with hotels in the RT-1 Resort Tourist District; 122 123 (3) In conjunction with schools or other public uses in any zoning 124

district; provided that electronic display signs in conjunction with 125

4

public parks shall be allowed only with the approval of the City 126 Council 127

128 (4) In the B-3A Pembroke Central Business Core District and the B-4C 129

Central Business Mixed Use District, with the approval of the City Council; 130 131 (5) By conditional use permit, in conjunction with religious uses located 132

in a Residential or Apartment District; and 133 134 (6) In the PDH-1 Planned Unit Development District, by modification to 135

the land use plan. 136 137 (c) No electronic display sign shall be allowed in conjunction with any use or 138 establishment unless such use or establishment is allowed to have a freestanding sign 139 under applicable district sign regulations, and no such sign shall be allowed in any 140 Historic and Cultural District. In addition, notwithstanding the provisions of subdivision 141 (10) of subsection (d), no electronic display sign within or visible from any portion of a 142 Residential or Apartment District or any portion of PDH-1 Planned Unit Development 143 District other than a commercial area shall be illuminated between the hours of 10:00 144 p.m. and 6:00 a.m. 145 146 (d) Electronic display signs shall conform to the following requirements: 147 148

(1) No more than one such sign shall be permitted on any zoning lot; 149 150 (2) No such sign shall exceed a height of eight (8) feet; 151 152 (3) The area encompassed by an electronic display shall not exceed 153

fifty per cent (50%) of the total area of the sign face or thirty-two 154 (32) square feet per face, whichever is less. The electronic display 155 panel shall have a minimum border width on all sides equivalent to 156 ten per cent (10%) of the total width of the electronic display panel. 157 Such border shall not be included in determining the area of the 158 sign; 159

160 (4) Such signs shall be monument - style, in accordance with section 161

111, provided, however, that in the B-3A Pembroke Central 162 Business Core District and B-4C Central Business Mixed Use 163 District, the City Council may allow an establishment to have one 164 wall-mounted (1) electronic display sign in lieu of a building 165 identification sign; 166

167 (5) No such sign shall advertise or direct the attention of the general 168

public to an establishment, business or service that is located on a 169 separate site from the zoning lot on which the sign is located; 170

5

171 (6) The electronic display portion of such signs may not display any 172

pictures, other graphic elements or any matter other than text with a 173 maximum of two colors; 174

175 (7) The pixel pitch of the electronic display portion of such signs shall 176

be nineteen (19) millimeters or smaller; 177 178 (8) All electronic displays shall remain static for a period of at least one 179

(1) hour, and change sequences shall be accomplished by means 180 of instantaneous re-pixelization. Scrolling, flashing, blinking or any 181 other type of intermittent illumination of elements of the display 182 shall be prohibited; 183

184 (9) Audio speakers on, or electronically connected to, such signs shall 185

not be permitted; 186 187 (10) Such signs shall not exceed a maximum illumination of five 188

thousand (5,000) candelas per square meter from sunrise to sunset 189 or five hundred (500) candelas per square meter between sunset 190 and sunrise, as measured from the sign face at maximum 191 brightness, and shall be equipped with a working dimmer control 192 device capable of automatically reducing the illumination to the 193 required sunset-to-sunrise level. Prior to the issuance of a sign 194 permit, the applicant shall provide written certification from the sign 195

manufacturer that the light intensity has been factory pre-set not to 196 exceed the maximum intensity level; 197

198 (11) The electrical service lines providing power to such signs shall be 199

underground; and 200 201 (12) Landscaping shall be provided as follows: 202 203

A. A minimum of one hundred (100) square feet of landscaped 204 area shall be provided around the base of any electronic 205 display sign, in a defined planting area containing mulch to a 206 minimum depth of three (3) inches. The landscaped area 207 required herein shall be included as a credit in the 208 calculations for parking lot landscaping required by Section 209 5A of the Site Plan Ordinance (Parking Lot Landscaping and 210 Foundation Landscaping Specifications and Standards); 211

212 B. Plant material shall include a combination of ground cover 213

other than grass, low evergreen shrubs not exceeding a 214

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height of three (3) feet at maturity, and perennial and annual 215 flowering plants. All plant materials utilized to fulfill the 216 requirement of this section shall be subject to the approval of 217 the Planning Director or his designee; 218

219 C. All landscaping shall be maintained so as not to obstruct the 220

view of any portion of either sign face or the property 221 address displayed on the sign; and 222

223 D. All landscaping shall be maintained in good condition at all 224

times, and any unhealthy, dying or dead vegetation 225 determined shall be replaced in a timely manner consistent 226 with good landscaping practices. 227

228 229

COMMENT 230 231

The amendments allow electronic display signs by right only in certain zoning districts or in 232 conjunction with certain uses, such as schools and other public uses, with the exception of public 233 parks. In other places, such as public parks and religious uses in Residential and Apartment 234 Districts, electronic display signs are allowed with City Council approval. 235 236 The amendments also provide that electronic display signs must, in addition to the 237 provisions of this section, conform to the City's general sign regulations contained in Part B of 238 Article 2 of the City Zoning Ordinance and to the applicable sign regulations of the district in 239 which the sign is located. In particular, the ordinance makes it clear that an electronic display sign 240 is permitted only if a freestanding sign is allowed by the district regulations applicable to the site. 241 242 In addition, there are a number of requirements specific to electronic display signs that 243 address the special characteristics of such signs. These requirements pertain to size, height, 244 frequency of message changes, wiring, sound, illumination and landscaping. In addition, the 245 ordinance prohibits electronic display signs from advertising or directing the attention of the 246 general public to an establishment, business or service that is located on a separate site from the 247 sign. This provision is consistent with the City's prohibition of billboards. 248 249 250 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 251 day of , 2010. 252 253

7

Approved as to Content: Approved as to Legal Sufficiency: Planning Department City Attorney's Office CA10718 R-21 May 14, 2010

BOARDS & COMMISSIONS MEMBERSHIP LISTING LED SIGNS April 13, 2010 Page 1

NAME ADDRESS

PHONE

TERM OF

APPOINTMENT

HISTORICAL DATA

BEGINNING DATE

EXPIRATION DATE

Barrow, Tim 1928 Thunderbird Drive Virginia Beach, Virginia 23454 481-6154 (h) 427-2900 (w)

No Term

April 13, 2010

Connors, Judy 3958 Whispering Oaks Place Virginia Beach, Virginia 23455-1690 464-3640

No Term

April 13, 2010

Non-Voting Member Davis, Councilman Glenn 1548 Stewards Way Virginia Beach, Virginia 23453 353-4914 (h) 648-140 (o)

No Term

April 13, 2010

Houfek, Mac (Mary) Doughtie 103 S. Dogwood Drive Virginia Beach, Virginia 23451 428-5166 (h) 581-0613 (c)

No Term

April 13, 2010


NAME ADDRESS

PHONE

TERM OF

APPOINTMENT

HISTORICAL DATA

BEGINNING DATE

EXPIRATION DATE

Melatti, Bobby 2610 W Chubb Lake Avenue Virginia Beach, Virginia 23455 463-2234 (h) 425-3111 (o)

No Term

April 13, 2010

Parker, Nancy 604 Goldsboro Avenue Virginia Beach, Virginia 23451 425-1589

No Term

April 13, 2010

Scarborough, Chandler President, Green Run Homeowner’s Association 1248 Green Garden Circle Virginia Beach, Virginia 23453 621-4919

No Term

April 13, 2010


NAME ADDRESS

PHONE

TERM OF

APPOINTMENT

HISTORICAL DATA

BEGINNING DATE

EXPIRATION DATE

Ward, Tom 201 78th Street Virginia Beach, Virginia 23451 428-8949

No Term

April 13, 2010

Non-Voting Member Wilson, Council Lady Rosemary 1304 Wren Place Virginia Beach, Virginia 23451 422-0733

No Term

April 13, 2010

Yarrington, John Talley-Anchor Signs 1044 Ruritan Blvd. Chesapeake, Virginia 23324 545-8802 23324

No Term

April 13, 2010


NAME ADDRESS

PHONE

TERM OF

APPOINTMENT

HISTORICAL DATA

BEGINNING DATE

EXPIRATION DATE

President (or designee) – Tuck Bowie/John Wilson Hampton Roads Chamber of Commerce – VB Office

No Term

April 13, 2010

President (or his designee) of VB Vision – Bob Miller

No Term

April 13, 2010

Non Voting Member City Manager’s Appointee: Convention and Visitors Bureau - Jim Ricketts

No Term

April 13, 2010

Non Voting Member School Superintendent’s Appointee: Schools Tony Arnold

No Term

April 13, 2010

ELECTRONIC DISPLAY SIGN REGULATIONS OUTSIDE VIRGINIA BEACH

Newport News, VA • Electronic Display signs are allowed in commercial and multifamily districts. • No content limitations. • Content may change every three seconds.

Hampton, VA • Allows Electronic Display signs.

Suffolk, VA • Electronic Display signs are allowed in the B-2 Business District. • Content may change once every 60 minutes • The message cannot scroll; there can be no sense of motion. • 32 SF maximum or 50% of sign face, whichever is smaller.

Charlottesville, VA • Electronic Display signs are not permitted.

Norfolk, VA

Electronic changeable copy sign. Any sign, other than an outdoor advertising sign or a public service message board, having a conspicuous and intermittent variation in illumination, message, color, or pattern powered by electricity and which meets all of the following criteria:

(a) The area of the electronic sign face is not more than fifty (50) percent of the total signage affixed to the structure where the electronic sign is located; and

(b) No part of any illumination or message on the electronic sign flashes, changes, moves, alters in degree of brightness or intensity, nor turns on or off more frequently than once every 5 seconds.

Illumination: Flashing lights prohibited. Except when expressly permitted by this chapter, no flashing, laser generated, strobe, blinking or intermittent lights shall be permitted on or as part of any sign.

Charlotte, NC • Electronic Display signs are permitted in all commercial zoning districts. • Maximum size is 25% of allowable face area. • Content can change only once a day.

Chesapeake, VA • Electronic Display signs are permitted in all commercial zoning districts. • Maximum size is 50% of allowable face area of any freestanding or wall sign.

• Content can change eight times a day.

Ocean City, MD • Electronic Display signs are permitted in all commercial zoning districts. • Maximum size is 150 SF. • No restriction on content, colors, or dwell time.

Orlando, FL • Electronic Display signs are not allowed.

Daytona Beach, FL • Electronic Display signs are not allowed.

San Antonio, TX • Electronic Display signs are permitted in all commercial zoning districts. • May not be closer than 100 feet of a residential zoning district.

Fairfax County, VA • Electronic Display signs are permitted in all commercial, industrial, and planned

community zoning districts. • Content change is limited to twice a day. • No limitation on content or colors.

Portsmouth, VA • Electronic Display signs are permitted in all commercial and industrial zoning districts. • Maximum size is limited to 125 SF per face. • Content may not scroll or blink. • No video allowed. • Content may change every 15 seconds.

Myrtle Beach, SC • Electronic Display signs are permitted in all commercial zoning districts. • Maximum size is limited to 40% of the allowable sign face. • No limitations on colors, content changes, or dwell time.

Nags Head, NC • Electronic Display signs are permitted in any district. • No animation allowed. • Content may change every 24 hours.

Sarasota, FL • Electronic Display signs are permitted in all commercial districts. • Content must remain static and may change no more than once every 24 hours.

Electronic Display Signs Approved Administratively

Business Name Location Contact SSS Car Wash 4981 Virginia Beach Boulevard Robert

499-4380 Larkspur Middle School 4696 Princess Anne Road Cardinal Signs

Stan or Jerry 486-3412

Bayside High School 4960 Haygood Road Cardinal Signs Stan or Jerry 486-3412

Scott’s Memorial United Methodist Church

409 First Colonial Road Cardinal Signs Stan or Jerry 486-3412

Hampton Inn 1011 Atlantic Avenue Cardinal Signs Stan or Jerry 486-3412

Citgo (Gas Price Only)

3996 Bonney Road Cardinal Signs Stan or Jerry 486-3412

Captain D’s 1153 South Lynnhaven Parkway Holiday Signs Jonathan (804)796-9443

Pleasant Grove Baptist Church

2153 Kempsville Road Tally Anchor Sign Co John Yarrington 545-8802

CVS Pharmacy 4500 Princess Anne Road Artlite Sign Company Ken 545-0699

The Rock Church 640 Kempsville Road AGI Sign Company Neil 427-1900

Business Name Location Contact Tidewater Auto Electric 5192 Virginia Beach Blvd Artlite Sign Company

Ken 545-0699

Gallery of Homes Realtors 1492 S. Independence Blvd Artlite Sign Company Ken 545-0699

Green Run Homes Association

• Lynnhaven Parkway & Princess Anne Road • Lynnhaven Parkway & Holland Road • Rosemont Road • Dahlia Drive & Independence Boulevard

Chandler Scarbourgh 427-2600

Birdneck Shell

1085 Virginia Beach Boulevard Rowe Signs Company Kelly Osborn (240) 508-2329

Happy Shopper 3552 Holland Road Cardinal Signs Stan or Jerry 486-3412

Pit Stop 4600 Virginia Beach Boulevard Southside Sign Productions (804) 271-5685

Japanese Auto Masters 1324 London Bridge Road Cardinal Signs Stan or Jerry 486-3412

Pit Stop/Exxon 4172 Princess Anne Road Southside Sign Productions (804) 271-5685

Pt Stop/Exxon 2101 General Booth Boulevard Southside Sign Productions (804) 271-5685

Pit Stop/Exxon 3597 Holland Road Southside Sign Productions (804) 271-5685

Pit Stop/Exxon 1601 General Booth Boulevard Southside Sign Productions (804) 271-5685

Pit Stop/Exxon 3673 Virginia Beach Boulevard Southside Sign Productions (804) 271-5685

Business Name Location Contact Landstown High School 2001 Concert Drive AAA Signs

235-3000 Lynnhaven Dive Center 1413 North Great Neck Road AAA Signs

235-3000 Independence Medical Center

762 Independence Boulevard AAA Signs 235-3000

CITY OF VIRGINIA BEACH AMENDMENT TO ZONING · PDF fileAMENDMENT TO ZONING ORDINANCE:...

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