PLN-TXT Chesapeake Sign Regulation Amendments. Frequently Asked Questions

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Bethany Howard
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1 PLN-TXT Chesapeake Sign Regulation Amendments Frequently Asked Questions Why is the City revising its Sign Ordinance? In July 2015, the United State Supreme Court issued a decision under Reed vs. Town of Gilbert, Arizona. Under the ruling in this case, local governments have a valid interest in regulating the size, placement and number of signs but may not impose varying content-based regulations. In other words, we cannot have different regulations apply to a sign based on what is written on the sign. Does this ruling apply only to Chesapeake? This ruling applies to all localities nationwide. What other localities have revised their ordinances? In South Hampton Roads, Norfolk and Virginia Beach have adopted revised ordinances to comply with the Reed decision. What was the impact of this ruling on Chesapeake s Sign Ordinance? Chesapeake s ordinance was impacted significantly by this ruling as our ordinance contained a number of signs that are regulated based on their content. For example, there were separate regulations for political signs, real estate signs, special event signs, signs for special sales, and signs for motor vehicle dealerships, which are all considered to be content-based. Staff had to develop a single set of regulations for all of these signs while also upholding the purpose and intent of the Sign Ordinance, which is: To promote public safety and convenience; to ensure clear and effective communication to the traveling public through appropriate and properly placed signage; to prevent traffic hazards and promote visibility along streets and highways; to provide for greater compatibility among signs and prevent visual interference and erosion of the City s landscape from competing signs; and to protect the visual integrity and use patterns of residential communities within the City. Who from the City developed the revised ordinance? The City Attorney s Office was the lead agency to rewrite Chesapeake s Ordinance. Staff from the Planning Department as well as the Zoning Administrator participated. More than 300 hours of staff time has been dedicated to this effort. In addition to the guidance strategies used below, staff also reviewed model ordinances developed by the Local Government Attorneys organization and other localities.

2 How did the staff approach the rewriting of the Sign Ordinance? Staff used the following guidance strategies while developing the proposed amendments: Keep the regulations the same as much as possible, with name changes from those that are content-based to those that are based on the sign s location. For example, model home signs are now called signs located in subdivisions under development. Create different size and location standards for residential versus non-residential zoning districts. See the Table of Basis Elements. For permanent signs, the regulations were largely not changed as they were, for the most part, not content-based. For temporary signs: o Use the more stringent of the various regulations in single-family and two-family residential districts as necessary to protect the residential character while also avoiding any infringement on speech that does not pose a danger. o Use the least restrictive of the various regulations for signs in non-residential districts to provide for the most flexibility. For public safety reasons, the ordinance now clearly states that signs cannot be located in public right-of-way, unless they are an official public service sign. In most cases, signs that are permitted now will continue to be permitted and signs that are prohibited now will continue to be prohibited. Will these amendments result in more or less signs in the City? The amendments have the potential to result in more temporary signs that are placed for longer periods of time, particularly in the City s commercial districts. What change in regulations are there to permanent signs? Permanent signs include freestanding, wall signs, and ground signs. For the most part, there are no changes to the regulations, other than renaming monument signs to freestanding signs and directory signs to ground signs. However, currently, freestanding signs are not permitted in single-family and two-family residential districts and under the proposed ordinance, each dwelling unit in single-family and two-family districts will be allowed 1 freestanding sign with a maximum cumulative area of 2 square feet, a maximum height of 4 feet and a setback of 6 feet from the right-of-way. Wall signs used to be allowed only for residential units with a home occupation, and now they will be allowed for all residential units. 2

3 How are temporary signs impacted? Temporary signs include yard signs, banners, or festoons that are displayed for a specific time period and are not permanently affixed to the ground or buildings. Temporary signs included special event signs, real estate signs, political signs and other signs that are content based. Due to the Reed vs. Town of Gilbert decision, one set of regulation had to be developed for all temporary signs depending on the underlying zoning district. Generally, permitted temporary signs are double the amount of sign area allowed for permanent signs. These signs may be displayed for no more than 90 days in a calendar year, with the exception of signs on properties for sale or lease, which may be displayed as long as needed while the property is for sale or lease. Will temporary signs require a zoning permit? In residential, no permit is required. However, in non-residential a permit is required to track the 90-day duration limitation. Do other localities require permits for temporary signs? Norfolk, Virginia Beach, Suffolk, Portsmouth, Newport News and Poquoson require permits for all temporary signs. Williamsburg and Hampton have special carve outs for certain temporary signs. that do not require a permit. Can the 90-day limitation for temporary signs per calendar year be cumulative or split over the course of the year? The property owner has the flexibility to split the total days into multiple times during the calendar year, and can use multiple signs, flags or banners as long as the total permitted area is not exceeded, which is double the amount of area allowed for permanent signs. What about flags? Four flags will be permitted on all lots in addition to permitted permanent and temporary signs. The setback and maximum cumulative area depends on the speed limit of the adjoining street. The provision that allowed for the unlimited use of the flag of the United States and flags of other nations, the Commonwealth of Virginia, the City of Chesapeake and other political subdivisions is deleted as flags are considered content-based. 3

4 How are off-site signs impacted? The City s previous ordinance was very specific as to when off-site signs were allowed based on the user and content. Under the Reed v. Town of Gilbert decision, these provisions are required to be removed. However, if another property owner gives permission for someone else to advertise an off-site activity using the allowable sign area for his or her property, this would be permitted as the City can no longer regulate content and only size, number and location of signs. What about outdoor advertising signs? The ordinance now calls these signs billboards rather than outdoor advertising ; however, the actual regulations are not changed. How are existing signs treated? Existing signs that were lawfully erected are grandfathered and can remain in use unless abandoned for more than 2 years. How will the ordinance be enforced? Enforcement is the same as it has been in the past. Permanent signs require a permit from the City to ensure that the sign meets regulations. Temporary signs in residential districts do not require a permit, while temporary signs in commercial do require a zoning permit to ensure that the time duration requirements are met. Signs that are erected without a permit are enforced on a complaint basis. Signs that are placed illegally in City right-of-way will be removed by City forces. What about signs attached to fences, poles, and trees? Signs are that are posted on fences, trees, or poles are called snipe signs and have been illegal since They will continue to be illegal under the new ordinance. How will the ordinance impact deed restrictions or Homeowner Association restrictions? If the deed restrictions or homeowners association standards are more stringent than City regulations, they are enforced privately by the homeowners association and not the City. 4

5 Will the amendments change regulations for electronic message boards? The regulations on how many times an electronic message board can change is amended to meet the current definition of what constitutes a flashing sign. Currently, the message cannot change more than 8 times a day. The regulations will now be that the message cannot be changed more than once every 20 seconds. Since the U.S. Supreme Court decision was made in 2015 and is nationwide, is the revised ordinance already in effect? The City has limited the enforcement of the Sign Ordinance to ensure compliance with the dictates of the Supreme Court decision. If the City can no longer enforce content, what if someone erects a sign that contains obscenities? The use of obscenities is not protected by the First Amendment would fall under public nuisance laws that are enforced by the Police; this US Supreme Court ruling does not change this. What is the timeline for adoption? The Planning Commission will hold a public hearing on February 8, 2017, where they will make a recommendation to City Council. If they take action on this date, City Council will hold a public hearing on March 21, The ordinance is written as an emergency and will go into effect immediately upon City Council approval. Where can I get more information? A website has been developed on the Sign Ordinance amendments. Please visit to ask staff specific questions, review the ordinance and updates to the Frequently Asked Questions. Go to and click on Sign Regulation Amendments under Hot Topics. 5

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