ARLINGTON COUNTY, VIRGINIA

ARLINGTON COUNTY, VIRGINIA County Board Agenda Item Meeting of vember 5, 2016 DATE: October 26, 2016 SUBJECT: ZOA-2016-09. Amendments to the Arlington County Zoning Ordinance, 13 and 18, to add provisions for signs for urban regional shopping centers, including purposes, applicability, sign area allocation and allowed sign types; updates to sign measurement descriptions; and new definitions for urban regional shopping center, urban regional shopping center façade, and projected image sign. C. M. RECOMMENDATION: Adopt the attached ordinance to amend, reenact and recodify the Arlington County Zoning Ordinance, Articles 13 and 18, as shown in Attachment A, to add provisions for signs for urban regional shopping centers, including purposes, applicability, sign area allocation and allowed sign types; updates to sign measurement descriptions; and new definitions for urban regional shopping center, urban regional shopping center façade, and projected image sign. ISSUES: This is a Zoning Ordinance amendment to add provisions for signs for urban regional shopping centers. The proposed amendments provide tailored sign regulations that address the unique characteristics of the urban regional shopping centers. Staff has reached out to the community and to the County s urban regional shopping centers in drafting the proposed regulations, and there has been general support for the proposed regulations. Comments and additional requests received are discussed in the community process section of this report (and further detailed in a comment and response matrix included as Attachment B). SUMMARY: On July 18, 2015, the County Board adopted the Arlington County Retail Plan (Retail Plan). The Retail Plan discusses the unique challenges that Arlington s aging urban regional shopping centers, Ballston Common Mall (Ballston Quarter) and Fashion Centre, face in continuing to evolve and compete in a large, regional trade area. Further, the Retail Plan recognizes the important role these centers play in the Ballston and Pentagon City neighborhoods due to their size and placement and recommends that the centers increase placemaking efforts County Manager: ##### County Attorney: ** Staff: Elizabeth Weigle, CPHD Deborah Albert, CPHD 39. PLA-7377

pulling storefronts to the street, creating multiple entry points and creating activity and attractions on the outside as well as inside. The Retail Plan recommends studying, and if warranted, amending the Zoning Ordinance to facilitate opportunities to reposition and redevelop aging urban regional shopping centers and facilitate opportunities for creativity and additional and interesting signs for businesses. Urban Regional Shopping Centers are currently subject to the same regulations as all other uses in C and M districts ( 13.7) and do not have specialized sign regulations. The proposed amendments would implement the recommendations of the Retail Plan, addressing provisions for sign type, area, placement, and characteristics. The proposed amendments would allow an urban regional shopping center, through an administratively-approved comprehensive sign plan, to use optional sign regulations that provide a larger amount of sign area and more flexibility on facades that are opened up to the exterior through windows and additional entrances. The proposed regulations are tailored to not only respond to the unique characteristics of the County s urban regional shopping centers but also to encourage their transformation. The provisions would also allow for some additional sign types for urban regional shopping centers (freestanding and temporary projected images) that are either limited or prohibited in the current sign regulations. Staff proposes these additional types of signs are warranted given the concentration of uses, the distinct form of this type of retail development, and the active role they play within the context of the neighborhoods in which they are located, that may benefit from additional business identification opportunities. All signs would be subject to the current illumination standards in Article 13. BACKGROUND: Arlington County s sign regulations were comprehensively updated on July 24, 2012. Prior to this update, many properties had their signs approved through comprehensive sign plans that required approval by the County Board. The goals of the 2012 update included allowing more flexibility in placement and types of signs allowed in order to facilitate creativity and innovation; allowing for administrative approvals for most signs; codifying consistent administrative practices not previously reflected in the Ordinance; addressing new standards and technologies not previously addressed in the Ordinance; and reducing the frequency with which the County Board reviews sign requests. Following the approval of the comprehensive update, most signs are now approved administratively. Urban regional shopping centers are currently subject to the same regulations as all uses in C and M districts ( 13.7) and do not have specialized sign regulations. On July 18, 2015, the County Board adopted the Arlington County Retail Plan (Retail Plan). The Retail Plan discusses the unique challenges that Arlington s aging urban regional shopping centers, Ballston Common Mall (Ballston Quarter) and Fashion Centre, face in continuing to evolve and compete in a large, regional trade area. Further, the Retail Plan recognizes the important role these centers play in the Ballston and Pentagon City neighborhoods due to their size and placement and recommends that the centers increase placemaking efforts pulling storefronts to the street, creating multiple entry points and creating activity and attractions on the outside as well as inside. The Retail Plan also recommends studying, and if warranted, amending the Zoning Ordinance to facilitate opportunities to reposition and redevelop urban regional shopping centers and to further opportunities for creativity and allow for additional and interesting signs for businesses. ZOA Urban Regional Shopping Center Signs - 2 - PLA-7377

DISCUSSION: As part of the implementation of the Retail Plan, staff proposes to amend the Arlington County Zoning Ordinance sign regulations to add provisions for signs for urban regional shopping centers; update sign measurement descriptions; and define urban regional shopping center, urban regional shopping center façade, and projected image sign. Goals & Analysis. Building off the recommendations of the Retail Plan, staff analyzed the characteristics of Arlington s urban regional shopping centers, both in terms of the current centers and the ways in which County policy encourages them to transform, that may warrant distinct sign regulations. In addition, staff researched and analyzed examples of regional shopping centers throughout the country in order to study precedents for the types of signs and sign techniques used on regional shopping centers, as well as the physical form of this type of development. Staff also reviewed illustrative sign proposals for the Ballston Quarter redevelopment. The following unique characteristics were identified: The centers contain a large concentration of retail, entertainment and restaurant uses, typically exceeding 500,000 square feet, and include one or more anchor stores; The centers serve a regional trade area, drawing a customer base from beyond the neighborhood and the County; The centers are multistory and have a large number of interior tenants that lack traditional street frontage and entrances; and The centers, in Arlington, have a more urban form than those typically found in a suburban setting that may take up a larger footprint and are surrounded by parking lots, but a less urban form than the more typical development in Arlington s Metro corridors. Given the above unique characteristics and the policy that encourages the repositioning and redevelopment of urban regional shopping centers so that they continue to play an important role both economically and as neighborhood activity nodes, the goals for the proposed sign regulations are as follows: 1. Support the repositioning of existing urban regional shopping centers; 2. Tailor regulations to the unique character of an urban regional shopping center with regard to the built form and concentration of retail, entertainment and restaurant uses; 3. Encourage placemaking efforts, such as pulling storefronts to the street, creating multiple entry points and creating activity and attractions on the outside as well as inside; 4. Be sensitive to the context of the adjoining neighborhood; and 5. Maintain predictable and easy to understand regulations while continuing to provide flexibility and facilitate creativity so that urban regional shopping centers may continue to evolve over time. In consideration of these goals and continued review of the regional shopping center examples and concept signs for Ballston Quarter, staff evaluated the current sign regulations for C and M districts ( 13.7) to determine where tailored regulations were warranted to reflect the unique characteristics of and goals for urban regional shopping centers. The proposed amendments were drafted based on this analysis and further refined through the public review process. ZOA Urban Regional Shopping Center Signs - 3 - PLA-7377

Proposed amendments. The proposed amendments would allow an urban regional shopping center, through an administratively-approved comprehensive sign plan, to use optional sign regulations. The proposed amendments are tailored to respond to the unique characteristics of the County s urban regional shopping centers, which are identified in the Arlington County Retail Plan and include Ballston Quarter and the Pentagon City Fashion Centre (shown below). Furthermore, the proposed amendments are designed to encourage the transformation of the County s regional shopping centers, providing a larger amount of sign area and more flexibility in placement on facades that are opened up to the exterior through windows and additional entrances. The provisions would also allow for some additional sign types (freestanding and temporary projected images) that are either limited or prohibited in the current sign regulations. Staff proposes these additional types of signs are warranted given the concentration of uses, form of this type of retail center, and the active role that the centers play within the context of the neighborhoods in which they are located, that may benefit from additional business identification opportunities. The proposed amendments are modeled on the current sign regulations for C and M districts ( 13.7) and are generally consistent with respect to continued administrative approvals, various sign types allowed (with some additions), and applicability of existing illumination requirements. Arlington s Regional Shopping Centers. Ballston Quarter (left) and Pentagon City Fashion Centre (right), as shown with Retail Street Types in the Arlington County Retail Plan, in the context of the Ballston and Pentagon City Metro Station areas, respectively. ZOA Urban Regional Shopping Center Signs - 4 - PLA-7377

The proposed amendments, which include revisions to 13 (signs) and 18 (definitions) are described below. Definitions (Article 18) The proposed amendments include three new definitions in order to implement these new provisions: Urban Regional Shopping Center the amendment defines the center, emphasizing its unique characteristics in terms of land uses and built form. The center is defined as including a minimum of 500,000 square feet of retail, entertainment, and dining uses configured in at least two stories and not bisected by a street; and an urban regional shopping center is connected by at least one interior or exterior shared pathway fronted by retail, entertainment and food establishment uses. Urban Regional Shopping Center Façade the amendment defines the exterior portion of the building associated with the urban regional shopping center and further Example of urban regional shopping center façade type A (left) and type B (right). The orange color indicates the portion of the façade associated with the urban regional shopping center in a mixed use building. delineates the façade into two types, one that meets a minimum threshold of windows (façade type A) and one that does not (façade type B). The minimum threshold of windows for façade type A is defined to have a minimum of 50 percent fenestration on the ground story and a minimum of 25 percent fenestration on the remainder of the urban regional shopping center façade. Many of the proposed regulations relate to the façade type, enabling additional sign opportunities for facades of type A that have increased fenestration and resulting transparency to activity inside the building, consistent with the goals for repositioning the centers. Projected Image Sign the amendment defines a new sign type, a temporary sign that is produced from projected rays onto a wall or other surface. The light source for a projected image sign is external to the surface on which the sign is projected. Urban Regional Shopping Center Regulations (Proposed New Subsection 13.8) The proposed new 13.8 is modeled on the current regulations for C and M districts ( 13.7), with changes where necessary to address the proposed goals and characteristics of the urban regional shopping centers. 1) Additional Purposes ( 13.8.1) This section, based on the goals discussed above, outlines the zoning rationale for the inclusion of special provisions for signs for urban regional shopping centers. ZOA Urban Regional Shopping Center Signs - 5 - PLA-7377

2) Applicability ( 13.8.2) As stated above, the new regulations would be optional. To be eligible to use the regulations, the center must meet the urban regional shopping center definition, be part of an approved site plan, and submit the request through an administrative comprehensive sign plan. Buildings or portions of buildings in a development project (e.g., a site plan) that are not part of the urban regional shopping center or the urban regional shopping center façade would still use the existing regulations for the district in which they are located. For example, a stand-alone office building that is part of the same site plan as an urban regional shopping center would have its sign area allocated according to the regulations in 13.7 (for C and M zoning districts). A building in which an urban regional shopping center is located, that also meets the criteria for additional sign area for roofline signs, would also still be eligible for up to two roofline signs as currently regulated in 13.7. 3) Aggregate Sign Area ( 13.8.3.D) The existing sign regulations permit aggregate sign area (the total sign area allowed for the project) based on the amount of linear feet of building frontage (with some additional provisions for tenants that have less than 60 feet of frontage). Due to the unique built form of the urban regional shopping centers, the concentration of tenants, and the desire to encourage the centers to better relate to the street, the proposed amendments would calculate aggregate sign area differently for urban regional shopping centers. As proposed, the maximum aggregate sign area would be the combination of: 10% percent of the sum of the areas of each façade type A (those meeting the minimum window criteria) on the urban regional shopping center; and For portions of the urban regional shopping center not defined as façade type A (those not meeting minimum window criteria), one square foot of sign area per linear foot of building frontage (with continued provisions for tenants that have less than 60 feet of frontage), as sign area is allocated for other commercial/mixed-use properties. As proposed, the regulations would allow a greater amount of sign area for those facades that have windows and better meet placemaking goals, while allowing for the rest of the urban regional shopping center to generate sign area as currently permitted by the Zoning Ordinance. By using the façade area in the calculation, the sign area allocation will take into account the multi-story retail as well as tenants without traditional frontage. ZOA Urban Regional Shopping Center Signs - 6 - PLA-7377

Example of calculations for aggregate sign area based on façade type. 4) Placement Standards ( 13.8.E) The existing sign regulations limit the maximum height of most signs to below 40 feet. The proposed amendment would allow signs to be placed up to a height of 55 feet on façade type A and maintain the 40 foot restriction for façade type B. This will accommodate signs for third story tenants. As stated above, roofline signs above 40 feet on façade type B and above 55 feet on façade type A would continue to be permitted subject to the existing 13.7 provisions. 5) Sign types ( 13.8.4-16) a) Banners, flags, incidental signs, temporary sidewalk signs, and umbrella signs are proposed to be allowed the same as in the C and M districts; b) Arcade Signs regulations are proposed to be the same as those in the C and M districts, except that there is no proposed limit on the maximum size or number (in C and M districts, the maximum number is one per public entrance under a canopy and maximum size is 1.5 square feet); c) Awning signs regulations are proposed to be the same as those in the C and M districts for properties that have a comprehensive sign plan, except that there is no proposed limit on the maximum number (in C and M districts, the maximum number is one per awning/canopy or one per eight feet if the canopy is longer than eight feet); d) Blade signs the proposed amendments would change the name of projecting signs to blade signs throughout Article 13 so as to distinguish the sign type from the proposed new projected image sign type; otherwise, the regulations are proposed to be the same as those in the C and M districts, except that there is no proposed limit on the maximum size of the sign and signs may be placed up to a height of 55 feet on façade type A (in C and M districts they are limited to a maximum of 20 square feet in size). ZOA Urban Regional Shopping Center Signs - 7 - PLA-7377

Further, the proposed amendment would clarify that blade signs may be applied to fabric or other flexible, durable material. This is allowed under the current Zoning Ordinance provisions, but it is not explicitly articulated in the regulations and has led to questions as to whether blade signs made of fabric are alternatively regulated as banners. This amendment would also be made throughout Article 13 for clarification purposes; e) Wall signs regulations are proposed to be the same as those in the C and M districts for properties that have a comprehensive sign plan, except signs may be placed up to a height of 55 feet on façade type A; f) Window signs regulations are proposed to be the same as those in the C and M districts, except that: (1) signs would be permitted on the first, second and third story up to a maximum of 55 feet (currently allowed only on the first and second story up to a height of 40 feet in C and M districts); and (2) signs would also be permitted to occupy up to 50 percent of the window area in aggregate, on the second and third stories (the current regulations which limit window signs to 80 sq. ft. or 20 percent of the window area, whichever is less, would be maintained for the ground floor). Shortly before the County Board authorized advertisement of the proposed amendments, staff received a comment regarding the proposed maximum amount of window sign area for the second and third story. The comment requested that the proposed amendments be revised to either 1) increase the percentage of window sign area permitted on the second and third stories above the proposed 50%; or 2) permit the window sign area to be aggregated between the second and third story. In order to provide additional time to fully evaluate this request, the County Board advertised the proposed amendments to include a range of options with respect to window sign coverage. Staff continues to support the proposed 50% maximum window area coverage on the second and third stories, with aggregation of window sign area only on a story by story basis. The sign regulations for urban regional shopping centers were designed to encourage greater transparency into activity areas as a means of enhancing the placemaking qualities of this type of use. The proposed regulations reward the increased transparency with additional sign area and increased flexibility in allowed sign types and placement. Allowing aggregation of window sign area between the second and third story could result in an entire floor of windows being covered with signs, contrary to the goal of increasing transparency, and further separating upper floor interior retail spaces from the street. Furthermore, window signs are not counted as part of aggregate sign area, thus they provide a property with a significant amount of sign area in addition to what is allocated as a function of its façade area. Finally, typical site plan conditions require a minimum of 50% transparency for shopfronts on the ground floor, so the 50% limitation is consistent with what is typically required for other shopfronts in the County. g) Freestanding signs currently, these signs are allowed only for a small number of autooriented uses in the C and M districts; the proposed amendment would allow them as follows: ZOA Urban Regional Shopping Center Signs - 8 - PLA-7377

i) The number of freestanding signs would be calculated based on a combination of street frontages and public entrances, allowing: one freestanding sign per each street frontage of the urban regional shopping center, one per each public vehicular entrance, and one per each public pedestrian entrance at the grade of the adjacent sidewalk (entrances to individual tenant spaces would not count for purposes of this calculation); ii) Signs could be placed anywhere on the property, subject to setback limitations from other property lines, with special consideration to abutting R- or RA-zoned properties, provided that the freestanding signs would need to be shown on an approved landscape plan. The setback standards are proposed to ensure that the signs do not adversely impact abutting properties or residential districts; iii) Signs would be limited to a maximum dimensional envelope of 2 ft. wide by 2 ft. long by 7 ft. tall, though up to two freestanding signs on the property may be up to 3 ft. wide by 3 ft. long by 14 ft. tall (see measurements section below); and iv) A maximum of two signs may have commercial messages visible from a distance of more than six feet. This will ensure that most of the signs are oriented towards pedestrians. h) Projected image sign this would be a new temporary sign type, produced from projected rays of light onto a wall or other surface (e.g., the ground) that is currently prohibited by the sign regulations. The sign would be permitted to occupy the full urban regional shopping center façade, and would be allowed to be displayed up to 90 days per year. The sign must be noncommercial. Example of projected image sign, NYC Source: www.theodysseyonline.com At the September 27, 2016, County Board meeting, the County Board authorized advertisement of the proposed amendments with several options included for the provisions regarding projected image signs. The options were considered and addressed in the proposed amendments as follows: i. Timeframe. The advertisement included a range from 90 to 120 days per year during which the projected image sign would be permitted. Staff continues to recommend that projected image signs be permitted up to 90 days per 365-dayperiod. This timeframe reflects the intended temporary nature of the signs and is consistent with the timeframe used in the Zoning Ordinance for other short term uses. ii. Movement. The advertisement provided options for movement ranging from allowing movement in all locations where the sign is permitted to allowing movement only in certain permitted locations. The initial draft of the proposed amendments that was shared in early May ZOA Urban Regional Shopping Center Signs - 9 - PLA-7377

proposed that the new sign type, projected image sign, be non-moving. Through public outreach, staff received several comments that movement should be considered, as it would be an integral part of this type of sign. Staff revised the proposed amendments to allow movement in locations or instances when the moving sign would not be oriented toward or in close proximity to vehicular traffic. In this way, movement would be encouraged to help activate the pedestrian-oriented areas of urban regional shopping centers (e.g., plazas or pathways interior to the site) without negatively impacting vehicular traffic. Upon further review, staff continues to recommend the locations for movement that were included in the request to advertise report. Under the proposed amendments, movement would be allowed when: a. The sign is located a minimum of 50 feet from the street and fronting a plaza or park; b. The sign is not directly facing a street; c. The sign is located on the ground or other floor surface; or d. The sign is fronting a street that is closed to vehicular traffic (e.g. for a special event). 6) Illumination standards ( 13.11 and 13.8.3.B) The proposed amendment would require that signs for urban regional shopping centers meet the sign illumination requirements of 13.11, which are based on standards related to the zoning district, the placement of the sign above/below 40 feet, the proximity to residential uses, and other restrictions shown on Map 13-1, which specifically regulate placement of signs above 40 feet. The illumination regulations do not permit signs placed at a height of more than 40 feet to be lighted between midnight and 8 am, and signs that are directly facing and within 200 feet of a multifamily building may not be lighted between 10 pm and 8 am. In addition, any sign, except for projected image signs, exceeding 500 square feet that is below 40 feet on façade type B or below 55 feet on façade type A cannot be separately lighted. 7) Measurements Urban Regional Shopping Center Façade Area ( 13.18.1.B) and Dimensional Envelope ( 13.18.1.E.2) The measurement section of the regulations is proposed to be amended to describe how the area of an urban regional shopping center façade is measured. The area of the urban regional shopping center façade is used to calculate the amount of sign area allocated to each façade type A in an urban regional shopping center. In addition, the measurement section is proposed to be amended to describe the maximum dimensional envelope to be used for freestanding signs. Maximum dimensional envelope ZOA Urban Regional Shopping Center Signs - 10 - PLA-7377

Other proposed changes The following are also included in the proposed amendment: Update the comprehensive sign plan section ( 13.14) to state that it is applicable to sign regulations in 13.8 and to articulate how aggregate sign area is calculated in 13.8. Update the prohibited signs section ( 13.4) to identify projected image signs as an allowed sign type for urban regional shopping centers that opt in to the special provisions. Update the special exceptions section ( 13.3.1) to update the references to include 13.8 as eligible for the same special exceptions that are available to properties in the C and M districts. Key Issues. During the public review process the following key concerns were raised. Considerations for movement and additional days of the year for the temporary projected image sign. As stated in the report, the advertisement for the proposed amendments included options for the number of days per year and the locations where movement would be allowed. The County Board recommended that these options be advertised at the September 27, 2016, meeting when they authorized advertisement. As discussed above, staff continues to recommend a proposed limitation on the duration of these signs to a total of 90 days per 365 day period, as this reflects the intended temporary nature of the signs and is consistent with the timeframe for other short term uses in the Zoning Ordinance. Further, staff continues to recommend that movement be permitted only in locations that are not oriented toward vehicular traffic. Consider allowing innovative sign elements, such as movement and new (unanticipated) technologies, for all properties. The proposed amendments were drafted to respond to the unique characteristics of the urban regional shopping centers, and therefore are only applicable to urban regional shopping centers. During the public outreach process, staff received comments that some of the existing prohibitions on sign elements may preclude the use of innovative sign elements at urban regional shopping centers. Similar comments were received during the 2012 update to the sign regulations, and at the Planning Commission s recommendation, the Ordinance includes a modification ( 13.3.1.A.2.(c)) that allows the County Board to approve innovative elements of signs, including certain prohibited characteristics (e.g. movement, smoke, flame) by special exception. While this modification has never been used, it was intended to address this exact concern and is available to all properties in C and M districts, and applicable to all signs that are included in the aggregate sign area calculation for those properties. Staff proposes that this mechanism should be used, rather than removing prohibitions generally, as it would allow the County Board, as intended, to consider the specific circumstances of a sign proposal that may warrant removing a prohibition. Consider revising regulations prohibiting signs placed above a roofline. During the review process, a property owner of an urban regional shopping center requested that the amendment include a provision to allow signs above the roofline in cases where the sign ZOA Urban Regional Shopping Center Signs - 11 - PLA-7377

is only visible from within the property. Regulations for roofline signs were explicitly excluded from the scope of this amendment as they were comprehensively addressed in the 2012 sign regulations update. Any changes to roofline sign provisions would have countywide implications. Therefore, the proposed amendment does not recommend any changes to the current regulations for roofline signs (signs above 40 or 55 feet depending on the façade type), which require that horizontally oriented roofline signs fit within a sign band that is placed within 20 feet of the building façade below the roofline. The existing sign regulations provide only limited opportunities to modify these regulations. Window sign area. As discussed on page 8 of this report, the advertisement for the proposed amendments included options for allowed window area and aggregation of sign area on the second and third stories. These options were advertised in response to comments received shortly before advertising. As discussed above, staff continues to recommend a limitation of 50% window sign area, and aggregation of sign area on a story by story basis. Future amendments. During the public review process, staff received comments requesting sign amendments for other areas of the County. Reviewing sign regulations for areas outside the urban regional shopping centers is beyond the scope of this amendment, which is specifically focused on tailored regulations that respond to the unique characteristics of urban regional shopping centers. There are, however, a number of additional amendments to the sign regulations scheduled and/or underway. Amendments to add flexibility to provisions for older comprehensive sign plans is also included on the agenda for this October 15, 2016 County Board meeting; amendments to address calculation of sign area for buildings that include second floor retail and/or retail facing public plazas are scheduled to begin later this Fall; and a second phase of sign amendments for consistency with recent case law is planned, but not yet scheduled. Community Process. A public meeting to discuss the vision for sign regulations for urban regional shopping centers was held on April 7, 2016. The meeting was lightly attended, though Countywide civic association presidents, business improvement district representatives, Planning Commissioners, and a broad list of subscribers to the County s zoning ordinance update email list were invited. Attendees discussed the vision and gave input on the sign regulations that should be considered, including sign area, sign placement and sign characteristics. The proposed amendment was also discussed at two meetings of the Zoning Committee of the Planning Commission. Staff also shared the proposed amendment at meetings of the Economic Development Commission, NAIOP/NVBIA, and the Chamber of Commerce. Key comments received at these meetings were discussed in the previous section. All comments and staff responses are provided in the matrix in Attachment B. The schedule of outreach for the proposed amendment was as follows: April 7, 2016: Public Meeting May 10, 2016: Zoning Committee May 25, 2016: Commercial Real Estate Development Group (NVBIA/NAIOP) June 2, 2016: Arlington Chamber of Commerce, Government Relations Committee June 14, 2016: Economic Development Commission ZOA Urban Regional Shopping Center Signs - 12 - PLA-7377

July 12, 2016: Zoning Committee At its October 24, 2016, meeting, the Planning Commission voted unanimously to recommend approval of the proposed Zoning Ordinance amendments. CONCLUSION: Staff recommends that the County Board adopt the attached ordinance to amend, reenact, and recodify the Arlington County Zoning Ordinance, Articles 13 and 18, as shown in Attachment A, to add provisions for signs for urban regional shopping centers, including purposes, applicability, sign area allocation and allowed sign types; updates to sign measurement descriptions; and new definitions for urban regional shopping center, urban regional shopping façade, and projected image sign. ZOA Urban Regional Shopping Center Signs - 13 - PLA-7377

ZOA-2016-09 AN ORDINANCE TO AMEND, REENACT AND RECODIFY THE ARLINGTON COUNTY ZONING ORDINANCE, ARTICLES 13 AND 18, AS SHOWN IN ATTACHMENT A, IN ORDER TO ADD PROVISIONS FOR SIGNS FOR URBAN REGIONAL SHOPPING CENTERS, INCLUDING PURPOSES, APPLICABILITY, SIGN AREA ALLOCATION AND ALLOWED SIGN TYPES; UPDATE SIGN MEASUREMENT DESCRIPTIONS; ADD NEW DEFINITIONS FOR URBAN REGIONAL SHOPPING CENTER, URBAN REGIONAL SHOPPING CENTER FAÇADE, AND PROJECTED IMAGE SIGN; AND IN ORDER TO REDUCE OR PREVENT CONGESTION IN THE STREETS; TO FACILITATE THE CREATION OF A CONVENIENT, ATTRACTIVE AND HARMONIOUS COMMUNITY; AND FOR OTHER REASONS REQUIRED BY THE PUBLIC NECESSITY, CONVENIENCE AND GENERAL WELFARE, AND GOOD ZONING PRACTICE. Be it ordained that the Arlington County Zoning Ordinance, Articles 13 and 18, is hereby amended, reenacted and recodified, as shown in Attachment A, in order to add provisions for signs for urban regional shopping centers, including purposes, applicability, sign area allocation and allowed sign types; update sign measurement descriptions; add new definitions for urban regional shopping center, urban regional shopping center façade, and projected image sign; and in order to reduce or prevent congestion in the streets; to facilitate the creation of a convenient, attractive and harmonious community; and for other reasons required by the public necessity, convenience and general welfare, and good zoning practice. * * * In the proposed amendment, text proposed to be added is shown with underline and text proposed to be removed is shown with strikethrough. Text in [brackets] denotes options included for purposes of advertising; text shown with underline and double-strikethrough is text that was advertised as an option for consideration that is not proposed to be adopted. Where paragraphs are inserted or deleted, all subsequent paragraphs and references throughout the Zoning Ordinance will be updated accordingly. ZOA Urban Regional Shopping Center Signs - 14 - PLA-7377

In the proposed amendment, text proposed to be added is shown with underline and text proposed to be removed is shown with strikethrough; Text in [brackets] denotes options included for purposes of advertising; text shown with underline and double-strikethrough is text that was advertised as an option for consideration that is not proposed to be adopted. Where paragraphs are inserted or deleted, all subsequent paragraphs and references will be updated throughout the Zoning Ordinance, accordingly (not shown); This proposed amendment will additionally change projecting signs to blade signs and add a standard that blade signs may be applied to fabric throughout Article 13. Definitions will be realphabetized as needed. Text shown in yellow boxes are explanatory commentary only and are not intended to be adopted. 1 2 3 4 5 Article 13. Signs 13.3. Modifications Special exceptions 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A. The standards in this Article 13 may be modified only as set forth in this 13.3, by approval of a comprehensive sign plan through the use permit process in 15.4, or for properties that are the subject of a special exception site plan, through the site plan approval process in 15.5. In addition to the applicable standards in 15.5, the County Board may approve modifications to standards in this Article 13 where it finds that the modification of regulations is in keeping with the character of the neighborhood and will not adversely impact the neighborhood in which the sign is located, as follows: 1. Under no circumstances shall the County Board approve: (a) A sign type or characteristic explicitly prohibited in 13.4, except as set forth in subsection (c), below; (b) Sign luminance exceeding maximum standards in 13.11.2; (c) Modification of hours of sign illumination unless expressly permitted in 13.11.3; (d) A sign type not listed as an allowed sign type for the district in which the property is located; (e) More aggregate sign area than is allowed by 13.14.2.D; or (f) Modification of sign area or placement for signs placed above a height of 40 feet as set forth in 13.7.1.E.2 or 13.7.1.G except where expressly permitted below. Page 1 of 23

24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 2. On properties subject to 13.6, 13.7, 13.8 or 13.9, Form Based Code regulations in Appendix A, Section VI.F or Appendix B, Section 611, the County Board may: (a) Reallocate sign area among sign types For signs included in aggregate sign area, the County Board may approve an increase in the maximum permitted sign area identified for the subject sign type for one sign per building, if it also finds that: (1) The aggregate sign area for the building or project does not exceed the area allocated by 13.14.2.D for properties subject to 13.6, 13.7 or 13.9, or the aggregate sign area is not exceeded for properties subject to Appendix A or B; and (2) The reallocation of sign area and/or lighting of the sign does not adversely impact abutting residential properties or residential properties across the street from the subject property. (b) Modify placement standards for signs The County Board may modify placement standards for signs, including standards for signs placed above a height of 40 feet only as set forth in 13.7.1.G.3, Appendix A, Part VI.F.3.f or Appendix B, 611.C.5, where topography or lot configuration significantly limits placement or effectiveness of signs(s) on the subject building or property, such that: (1) The location of the building, main building entrance or tenant entrance is not visible to pedestrian traffic; or (2) The surrounding street network or other transportation options limit visibility of signs placed in permitted locations; or (3) The building has frontage on a plaza or other pedestrian pathway where signs are not otherwise allowed. (c) Approve innovative elements The County Board may modify regulations for those signs included in aggregate sign area to approve innovative elements of signs that conform to the following Ordinance requirements: automatic changeable copy elements as set forth in 13.12; distance from R and RA districts; direction the sign faces; number of signs; maximum sign size and height; and total aggregate sign area. (d) Modify regulations for signs placed above a height of 40 feet Where the County Board finds that a sign is i) substantially blocked from view of properties within one mile of the sign that are zoned R, RA14-26, RA8-18, RA7-16 and RA6-15 and used for residential purposes; ii) compatible with the architectural style of the building on which it is located in scale, design and color; and iii) compatible with other signs on the building; then, subject to such conditions as the County Board may impose to ensure that the sign functions without glare or disturbance to nearby uses, which conditions may include but shall not be limited to reduced luminance levels, reduction in sign area, and reduced hours of illumination, the County Board may modify regulations in this Article 13 as follows: Page 2 of 23

66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 (1) The County Board may allow placement of a sign above a height of 40 feet where not otherwise allowed by the standards set forth in 13.7.1.G.7; and (2) Except where expressly prohibited, the County Board may modify hours of illumination set forth in 13.11.3 for a sign placed above a height of 40 feet. 3. Where the Historical Affairs and Landmarks Review Board determines that no sign can meet both the standards for approval of a Certificate of Appropriateness and be in compliance with this Article 13, then the County Board may approve a sign that does not comply with this Article 13, but meets the standards for a Certificate of Appropriateness. 13.4. Signs Prohibited in All Districts The following types of signs and sign characteristics are prohibited and shall not be permitted by variance or special exception (see 13.3): A. Any sign which is not accessory or incidental to the existing or otherwise approved lawful use of the property on which it is located; B. Any portable sign except those sidewalk signs expressly allowed under 13.7.10 and 13.8.12; C. Balloons or other devices that are not specifically permitted elsewhere in this Article 13 and that are located or designed to attract attention to goods or services; D. Signs attached to, painted on or otherwise affixed to any rock, tree or other natural feature; E. Any sign erected or painted upon a standpipe, or fire escape, except the manufacturer's or installer's ID plate, which shall not be legible from a distance of more than three feet; F. Any sign painted on or attached to a fence, except: 1. Certain freestanding signs as expressly allowed by this Article 13; 2. Signs on fences or other screening devices at construction sites, as allowed by 13.15.6; and 3. Signs that contain no commercial message and that are smaller than two square feet in R, RA-615, RA7-16, RA8-18 and RA14-26 districts and smaller than four square feet in all other districts; 4. Temporary banners as permitted by 13.9.5; G. Projected image signs, except as permitted by 13.8 Signs projected onto walls, fences or other surfaces; H. Searchlights and other projections into the sky; I. Signs for which a separate structure is mounted on a roof or parapet; Page 3 of 23

103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 J. Sign structures which do not support a sign, including otherwise permitted or nonconforming sign structures, after the sign has been removed for a period of 30 days; K. Any sign that falsely presents or implies the need or requirement of stopping or caution or the existence of danger or that is a copy or imitation of or that for any reason is likely to be confused with any sign displayed or authorized by a public authority; L. Any sign that violates any provision of any law of the Commonwealth of Virginia or the United States relating to outdoor advertising; M. Any sign that violates any provision of the Virginia Uniform Statewide Building Code; N. Any sign or device to attract attention, whether or not it has written message content, of which all or any part moves by any means, including fluttering, rotating or otherwise moving devices, or set in motion by movement of the atmosphere including, but not limited to, pennants, propellers, discs, balloons, and similar devices. This prohibition does not apply to: 1. Flags otherwise allowed under this Article 13; 2. Automatic changeable copy signs that conform with 13.12.12; 3. Projected image signs as permitted by 13.8; or 4. Banners where allowed by this Article 13, provided that such banners are firmly affixed at all corners to mitigate movement or flapping in the breeze. O. Any flashing sign or device displaying flashing or intermittent lights or lights of changing degrees of intensity; this prohibition does not apply to: 1. Devices that automatically reduce the intensity or brightness of the sign at night and that increase it during the day; or 2. Automatic changeable copy signs that conform with 13.12.2; P. Sign lighting that does not conform to the standards of 13.11; Q. Signs that produce sound, cause interference with radio, telephone, television or other communication transmissions; produce or reflect motion pictures; emit visible smoke, vapor, particles, or odor; and R. Reflective signs or signs that produce light of such brightness as to constitute a hazard or nuisance to any person, building or property other than the person, building or property to which the sign may be related, as determined by the zoning administrator. S. Any sign advertising any commercial activity, product, or service not on the lot on which the sign is placed or not in a location that is part of the same approved comprehensive sign plan or site plan. 138 Page 4 of 23

139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 13.7. Signs in C and M Districts (excluding One- and Two-Family and Townhouse Uses) General E. Additional sign area for specified uses 2. Any building that meets the following criteria may install up to a maximum of two additional wall or blade projecting signs above a height of 40 feet, with a permit, subject to the standards listed below. Such signs shall be allowed in addition to otherwise allocated aggregate sign area, but shall be separate from, and not combined with signs included in aggregate sign area, and under no circumstances shall more than two signs per building be placed above a height of 40 feet. Incidental signs 1. Defined A small, noncommerical sign. Examples include, but are not limited to, signs that provide information or directions that are necessary for the physical use of the site, such as warnings, parking rules or way-finding information. 2. General standards Maximum size (wall) Maximum size (freestanding) Maximum height (freestanding) Number allowed Permit required? Separate lighting? Automatic changeable copy? Commercial messages? Included in aggregate sign area? 4 sq. ft. 3 sq. ft. per side, may be 2-sided 4 ft. As needed Limited; see standards below Page 5 of 23

B. Other standards 1. One incidental sign per 1 st or 2 nd floor occupant may contain a commercial message. 2. Freestanding signs may be placed only on the perimeter of a parking lot and may be no less than 25 feet apart. 3. Wall or projecting blade signs of a maximum of 6.5 sq. ft., with no dimension exceeding 4 sq. ft., that meet all other standards in subsection 13.7.6.2, above, and all standards prescribed in the diagram to the left may be installed on public parking facilities. Compliance with these standards shall be determined by the zoning administrator, based on factors that include but are not limited to: location; color; size; shape and lettering, as shown in the diagram at left. Projecting Blade signs * * * 156 A. Defined Any sign that is attached in a plane approximately perpendicular to the surface of a building or other structure. B. General standards Maximum size Maximum projection Minimum vertical clearance Permit required? Separate lighting? 20 sq. ft. 42 inches 10 ft. above finished grade Automatic changeable copy?, subject to standards of 13.12 Commercial messages? Included in aggregate sign area? Maximum height to top of sign 40 feet, except a maximum of two wall or blade projecting signs per building may be placed above a height of 40 feet, subject to the standards in 13.7.1.G C. Other standards permits 1. A projecting blade sign may require a separate encroachment agreement or permit from the County, subject to established standards. 2. A blade sign may be applied to fabric or other flexible, durable material provided the sign is firmly affixed to prevent movement. D. Relationship to wall signs A sign that projects 18 inches or less from the wall is considered a wall sign; see 13.7.12. * * * Wall signs A. Defined Any sign that is affixed directly to or suspended from a building wall, marquee, mansard wall, or parapet wall of a building, with the exposed face of the sign in a plane approximately parallel to and projecting no more than 18 inches from the face of the wall. A wall sign may be either of one-piece construction or of individual connected or related letters or symbols. B. General standards Permit required? Separate lighting? Automatic changeable copy?, subject to standards of 13.12 Page 6 of 23

157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 Commercial messages? Included in aggregate sign area? Maximum height to top of sign * * * Signs for urban regional shopping centers For alternative regulations applicable to urban regional shopping centers, see 13.8. 13.8. Signs for Urban Regional Shopping Centers 40 feet, except a maximum of two wall or projecting blade signs per building may be placed above a height of 40 feet, subject to the standards in 13.7.1.G. The following signs are permitted for an urban regional shopping center. Buildings or portions of a building in a development project that are not part of or accessory to the urban regional shopping center shall not be eligible for the regulations set forth in this 13.8. Additional Purposes To promote the role of an urban regional shopping center that is a major commercial and activity node for a surrounding neighborhood, the following purposes, supplementing those set forth in 13.1 support the adoption of special provisions for signs for urban regional shopping centers: A. Facilitate the transformation of an existing urban regional shopping center to encourage transparency into buildings and improve the pedestrian environment; B. Reflect the unique character of an urban regional shopping center with regard to the built form and concentration of retail, restaurant and entertainment uses; C. Contribute to a convenient, attractive and harmonious community in a manner consistent with the vision in adopted County plans and policies; D. Maintain traffic safety and improve vehicular circulation on surrounding streets by assisting with wayfinding both within and along the periphery of the development project; E. Manage the flow and circulation of pedestrian traffic among a substantial number of commercial tenants spread out amongst a large land area and attracting customers from throughout the broader region both within and beyond the County; F. Promote economic development by providing for adequate identification of businesses in a manner that recognizes the active nature of an urban regional shopping center while remaining sensitive to the context of the adjoining neighborhood. Applicability A. Choice of Standards 1. An urban regional shopping center may choose to have its signs regulated under the sign regulations applicable to other uses in the same district as the urban regional shopping center or under the regulations set forth in this 13.8. An urban Page 7 of 23

187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 regional shopping center may use these optional regulations subject to the following: (a) The urban regional shopping center is governed by an approved site plan; (b) All signs are shown on an approved comprehensive sign plan as provided in 13.14; and (c) The intent to utilize the optional regulations of this 13.8 is declared on the comprehensive sign plan. 2. urban regional shopping center may mix and match signs allowed under this 13.8 with signs allowed for other uses in the same district, provided however: (a) Buildings or the portion of a building(s) in a development project that are not part of or accessory to the urban regional shopping center shall use the sign types and regulations and shall calculate aggregate sign area as for uses in the same district as the use. Such buildings or portions of a building(s) shall not be counted toward the urban regional shopping center aggregate sign area. (b) A building in which an urban regional shopping center is located is eligible to use the regulations for additional sign area for specified uses as provided in 13.7.1.E, subject to the limitation on total number of signs per building and subject to the following: (1) The placement standards in 13.7.1.G shall apply. Provided, however, for urban regional shopping center façade type A, the placement standards shall apply above a height of 55 feet rather than 40 feet. (2) The hours of illumination for any sign placed above a height of 40 feet shall be as set forth in 13.11.3. General A. Signs allowed The sign types listed and described in this 13.8 are allowed for urban regional shopping centers, subject to the permit requirements, standards and conditions set forth for each sign type. B. Lighting 1. Signs allowed under this 13.8 shall not be separately lighted unless the standard in the table says yes or see standards next to the separately lighted? query. The fact that a sign may be partly or wholly illuminated by a porch light or other light serving another purpose shall not be considered separately lighted. 2. Except for projected image signs, signs exceeding 500 square feet that are located below 40 feet on façade type B or below 55 feet on façade type A shall not be separately lighted. Page 8 of 23

225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 C. Changeable copy Signs allowed under this 13.8 shall not include automatic changeable copy elements unless the standard in the table says yes next to the automatic changeable copy? query. See 13.12 for standards that apply to all automatic changeable copy signs under this Article 13. D. Aggregate sign area allowed 1. The maximum aggregate sign area allowed for an urban regional shopping center is the combination of: (a) Ten percent of the sum of areas of each urban regional shopping center façade defined as façade type A; and (b) For portions of the urban regional shopping center not defined as façade type A, the larger of: (1) One square foot of sign area per linear foot of building frontage; or (2) For a building with one or more establishments with at least one exterior public entrance and less than 60 feet of frontage, 60 sq. ft. for each such establishment plus one square foot per linear foot of building frontage, excluding any frontage occupied by those establishments. E. Placement standards 1. Signs may be placed up to a maximum height of 55 feet on façade type A. 2. Signs may be placed up to a maximum height of 40 feet on façade type B. 3. signs shall be permitted on that part of the side or rear wall of a building within 100 feet of any R or RA district except, where a tenant s primary entrance is located on a side or rear wall of a building, the tenant s sign that otherwise would be allowed on the front wall of the building may be erected on the wall where the primary entrance is located. 4. sign shall extend above the height of the roofline of the building, measured from the actual roofline in the case of a flat roof or from the eaves line in the case of a hip or gable roof; except, on a building that is 24 feet or less in height, up to 20 percent of the sign area may extend up to 1.5 feet above the roofline. Page 9 of 23

256 SIGNS ALLOWED FOR URBAN REGIONAL SHOPPING CENTERS Arcade signs A. Defined A sign that is suspended underneath an awning, canopy, marquee, overhang, or other structural element of a building that forms a covered passageway for pedestrians. B. General standards Maximum size and number Minimum clearance above sidewalk Permit required? Separate lighting? Commercial messages? Automatic changeable copy? Included in aggregate sign area? As limited by the maximum aggregate sign area as allocated under an approved comprehensive sign plan 8 ft. C. Other standards Allowed only where multiple establishments share a common canopy ceiling over a sidewalk. Awning or canopy signs A. Defined Awning signs: A sign that is painted on or affixed to the surface of an awning. Canopy sign: A sign that is affixed to the flat vertical surface of or sits on top of a canopy. B. General standards Maximum size and number Permit required? Separate lighting? Commercial messages? Automatic changeable copy? Included in aggregate sign area? As limited by the maximum aggregate sign area as allocated under an approved comprehensive sign plan C. Other standards The purpose of this section is to provide regulations for signs on awnings or canopies; installation, design and dimensions of the awning or canopy are determined by applicable provisions of this zoning ordinance and/or from an approved site plan and/or other applicable County ordinance regulation or requirement. Page 10 of 23

Banners A. Defined A sign of any kind applied to fabric or other flexible, durable material. Flags as defined herein shall not be considered banners. B. General standards Maximum number 2 per pole, as approved on comprehensive sign plan Maximum size 6 sq. ft. on each side; may be 2-sided Minimum clearance above sidewalk 8 6 Permit required?, single permit may cover multiple banners Separate lighting? Commercial messages? Automatic changeable copy? Included in aggregate sign area? C. Other standards 1. Banners in this subsection 13.8.6 are allowed only for property included in an approved comprehensive sign plan and only in accordance with the provisions of the approved plan; 2. Banners in this subsection 13.8.6 are allowed only on light poles. Such poles shall be: (a) approved on or consistent with a County-approved site engineering plan for the project; (b) installed primarily for other purposes, such as site lighting; (c) located in a parking lot, along a private street or on private property along a public or private plaza or courtyard; (d) Two banners shall be allowed on a pole only if the two banners are of the same size and are mounted at the same height; and (e) Banners on poles must be attached at all corners such that they do not move or flap. D. Other permits or approvals Banners on poles under this subsection 13.8.6 will be allowed only with the express consent of the owner(s) of the underlying real property and the pole(s). Blade signs A. Defined Any sign that is attached in a plane approximately perpendicular to the surface of a building or other structure. B. General standards Maximum size As limited by the maximum aggregate sign area as allocated under an approved comprehensive sign plan Maximum projection 42 inches Minimum vertical clearance 10 ft. above finished grade Permit required? Separate lighting? Automatic changeable copy?, subject to standards of 13.12 Commercial messages? Included in aggregate sign area? Maximum height to top of sign 55 feet for façade type A and 40 feet for façade type B, except a maximum of two wall or blade signs per building may be placed above these heights, subject to the placement standards of 13.8.2(b). Page 11 of 23

C. Other standards 1. A blade sign may be applied to fabric or other flexible, durable material provided the sign is firmly affixed to prevent movement. 2. A blade sign may require a separate encroachment agreement or permit from the County, subject to established standards. D. Relationship to wall signs A sign that projects 18 inches or less from the wall is considered a wall sign; see 13.8.14. Flags A. Defined A piece of cloth or other material affixed to a pole on two corners. B. General standards Maximum number of poles 3 Maximum height of pole Maximum flags per pole 2 Maximum flag size Maximum total flag area Permit required? Separate lighting? Automatic changeable copy? Commercial messages? Included in aggregate sign area? 35 ft. 60 sq. ft. 180 sq. ft. C. Other standards Flagpoles shall be located as shown on an approved site plan. Freestanding signs A. Defined A sign that is affixed to the ground, or to a wall that is not part of a building, or to a fence; freestanding signs include but are not necessarily limited to signs mounted on monument-style foundations, on poles, or on fences or other approved accessory structures. B. General Standards Minimum height Maximum dimensional envelope (see 13.18.1.E.2) 4 ft. 2 ft. long x 2 ft. wide by 7 ft. high, except that 1 sign per street frontage, up to a maximum of 2 signs total, may be 3 ft. long by 3 ft. wide by 14 ft. high Number allowed Permit required? Minimum setback 1 per street frontage; 1 per public vehicular entrance; and 1 per public pedestrian entrance at the grade of the adjacent sidewalk, excluding entrances to individual tenant spaces 5 ft. from other property lines 200 feet from property zoned R or RA Page 12 of 23

Separate lighting? Automatic changeable copy?, subject to standards of 13.12 Commercial messages? Included in aggregate sign area? C. Other standards 1. more than two freestanding signs per regional shopping center shall have commercial messages that are legible from a distance of more than six feet. 2. Freestanding signs shall be allowed only where shown on an approved landscape plan for the development project. Incidental signs 1. Defined A small, non-commercial sign. Examples include, but are not limited to, signs that provide information or directions that are necessary for the physical use of the site, such as warnings, parking rules or way-finding information. 2. General standards Maximum size (wall) Maximum size (freestanding) Maximum height (freestanding) Number allowed Permit required? Separate lighting? Automatic changeable copy? Commercial messages? Included in aggregate sign area? 4 sq. ft. 3 sq. ft. per side, may be 2-sided 4 ft. As needed Limited; see standards below B. Other standards 1. One incidental sign per 1 st or 2 nd floor occupant may contain a commercial message. 2. Freestanding signs may be placed only on the perimeter of a parking lot and may be no less than 25 feet apart. 3. Wall or blade signs of a maximum of 6.5 sq. ft., with no dimension exceeding 4 sq. ft., that meet all other standards in subsection 13.8.10.2 above, and all standards prescribed in the diagram to the left may be installed on public parking facilities. Compliance with these standards shall be determined by the zoning administrator, based on factors that include but are not limited to: location; color; size; shape and lettering, as shown in the diagram at left. 257 Page 13 of 23

Projected image sign A. Defined A temporary sign that is produced from projected rays of light onto a wall or other surface. B. General standards Maximum size Maximum number Permit required? Separate lighting? Automatic changeable copy? Commercial messages? Maximum height Included in aggregate sign area? Limited to the size of the wall or other surface on which it is projected Unlimited 55 feet C. Other standards 1. Temporary signs allowed by this 13.8.11 shall be limited to a cumulative maximum of [90][120] days of any consecutive 365 day period for all projected image signs for the entire urban regional shopping center. On the remaining [275][245] days of the 365 day period, there shall be no projected image signs located anywhere on the urban regional shopping center. [2. Projected image signs may include animation.] [2. Projected image signs shall not move or change, except as follows: (a) The sign is located more than 50 feet from any street right-of-way line and is located on a wall or other surface that fronts a plaza or park; or (b) The sign is not directly facing a street; or (c) The sign is located on the ground or other floor surface; or (d) The sign is located on a wall or other surface that fronts a street right-of-way that is closed to vehicular traffic while the sign is moving.] 3. Any sign or element utilized for projecting the sign found by the zoning administrator to be unsafe or to present a hazard or to impair a required clear walkway, shall be removed immediately. 4. The projected image sign shall not extend beyond the façade or other surface that is part of the urban regional shopping center. 258 Sidewalk signs A. Defined A temporary, self-supporting sign made of durable material and located on the sidewalk in front of a use for which such a sign is allowed. B. General standards Maximum size Maximum height Number allowed Permit required? 7 sq. ft. per side (may be two-sided) 3.5 ft. One per public entrance directly from sidewalk into establishment Page 14 of 23

Separate lighting? Changeable copy? Commercial messages? Included in aggregate sign area? C. Other standards 1. Temporary sidewalk signs shall be permitted only for establishments (but not for home occupations); 2. more than one temporary sidewalk sign is permitted for each public entrance to an establishment. For purposes of this 13.8.12, a parking garage is an establishment and a public entrance includes a vehicular entrance; 3. If an establishment has more than one public entrance and two of the public entrances face the same street and are located within 200 feet or less of each other, then a sign shall be allowed for only one of the public entrances; 4. Such signs may be placed on the sidewalk only during hours the establishment is open; 5. Temporary sidewalk signs shall be permitted only on sidewalks where there is an existing minimum six-foot clear walkway (an unobstructed area serving as circulation space for pedestrians). In order to provide adequate clearance for pedestrians and persons with visual and mobility disabilities, such signs shall not be placed within any required clear walkway for the site, and shall be located either entirely within two feet of the building face, or within the landscape and utility zone such that there is at least one foot between the sign and the edge of the curb (on sidewalks where there is no landscaping, sidewalk signs may be placed within four feet of the edge of the curb if such placement maintains the clear walkway required in this subparagraph and maintains at least one foot between the sign and the edge of the curb); 6. Temporary sidewalk signs shall not be placed in tree pits that are not covered with hard grates; 7. Such signs shall be self-supporting, either with legs or supports that are continuous with the plane of the sign face; or with a solid base no wider than the sign width, protruding no more than 12 inches from the plane of the sign face, and separated by no more than six inches from the bottom of the sign face; and 8. Any sign found by the zoning administrator to be unsafe or to present a hazard or to impair a required clear walkway, shall be removed immediately. Temporary Signs For temporary signs allowed in these districts, see projected image signs ( 13.8.11), window signs ( 13.8.15) and temporary signs for construction and sale/leasing ( 13.15). Umbrella signs A. Defined A sign painted on or affixed to the surface of an umbrella. B. General standards Maximum size Permit required? Automatic changeable copy? Commercial messages? Up to 4 sq. ft. on any individual umbrella Included in aggregate sign area? Page 15 of 23

259 260 Wall signs A. Defined Any sign that is affixed directly to or suspended from a building wall, marquee, mansard wall, or parapet wall of a building, with the exposed face of the sign in a plane approximately parallel to and projecting no more than 18 inches from the face of the wall. A wall sign may be either of one-piece construction or of individual connected or related letters or symbols. B. General standards Maximum size and number Permit required? Separate lighting? As limited by the maximum aggregate sign area as allocated under an approved comprehensive sign plan Automatic changeable copy?, subject to standards of 13.12 Commercial messages? Included in aggregate sign area? Maximum height to top of sign 55 feet for facade type A and 40 feet for facade type B, except a maximum of two wall or blade signs per building may be placed above these heights, subject to the placement standards 13.8.2.(b) C. Other standards Up to 50 sq. ft. of wall signs placed inside of a public parking garage, two feet or more from and mounted approximately perpendicular to the façade on which the vehicular entrance to the garage is located shall not be counted as part of aggregate sign area. Window signs A. Defined Any permanent or temporary sign, including any decal, that is legible from the outside, including plazas, public streets, and parking lots, and that is placed on the outside or inside face of a window or mounted within two feet of the inside face of the window. B. General standards Maximum total area per sign Number allowed Permit required? Separate lighting? Automatic changeable copy? Commercial messages? Included in aggregate sign area? Ground story: 80 sq. ft. or 20 percent of window area, whichever is less 2 nd or 3 rd story: [50 percent] [up to 100%] of window area (see C.2 below) Unlimited C. Other standards 1. Window signs shall be allowed for establishments located on the first, second or third story of an urban regional shopping center up to a maximum height of 55 feet. 2. [Maximum total area per window sign may be aggregated per story on the second and third story.] [Maximum total area per window sign may be aggregated between the second and third story.] Page 16 of 23

261 262 263 13.10. Signs in Public Districts and on Public Property in any District Incidental signs A. Defined A small, noncommercial sign. Examples include, but are not limited to, signs that provide information or directions such as warnings, parking rules or way-finding information. B. General standards Maximum size (wall) Maximum size (freestanding) Maximum height (freestanding) Number allowed Permit required? Separate lighting? Automatic changeable copy? Commercial messages? Included in aggregate sign area? 4 sq. ft. 3 sq. ft. per side, may be 2-sided 4 ft. As needed Limited; see standards below C. Other standards 1. Freestanding signs may be placed only on the perimeter of a parking lot and may be no less than 25 feet apart. 2. Wall or projecting blade signs of a maximum of 6.5 sq. ft., with no dimension exceeding 4 sq. ft., that meet all other standards in 13.10.7.B, above, and all standards prescribed in the diagram to the right may be installed on public parking facilities. Compliance with these standards shall be determined by the zoning administrator, based on factors that include but are not limited to: location; color; size; shape and lettering, as shown in the diagram to the right. Projecting Blade signs A. Defined Any sign that is attached in a plane approximately perpendicular to the surface of a building or other structure. B. General standards Maximum size Maximum projection Minimum vertical clearance Permit required? Separate lighting? 20 sq. ft. 42 inches 10 ft. above finished grade Automatic changeable copy?, subject to standards of 13.12. Commercial messages? Included in aggregate sign area? Maximum height to top of sign 40 feet, except a maximum of two wall or blade projecting signs per building may be placed above a height of 40 feet, subject to the standards in 13.7.1.G Page 17 of 23

264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 C. Other standards permits 1. A projecting blade sign may require a separate encroachment agreement or permit from the County, subject to established standards. 2. A blade sign may be applied to fabric or other flexible, durable material provided the sign is firmly affixed to prevent movement. D. Relationship to wall signs A sign that projects 18 inches or less from the wall is considered a wall sign; see 13.10.11. 13.14. Comprehensive Sign Plans Approved After July 24, 2012 A comprehensive sign plan shall include all signs for a development project. Once approved, a comprehensive sign plan becomes the governing document for signs on a development project, and permits will be issued only for signs shown on the comprehensive sign plan. Applicability A. A comprehensive sign plan is optional and may be approved for premises subject to 13.6 or 13.7; B. A comprehensive sign plan is required for urban regional shopping centers, or portions thereof, that opt to use 13.8; C. A comprehensive sign plan approved by the County Board prior to July 24, 2012 shall remain in effect unless replaced by a new comprehensive sign plan filed by the owners and approved in accordance with the provisions of this 13.14, or unless an election is made under 13.17.3.D.2. to have signs permitted without a comprehensive sign plan; and D. The requirements of an approved comprehensive sign plan shall apply to all property, buildings, uses and establishments within the development project. Required plan elements The comprehensive sign plan shall provide the following information related to all proposed signs that require a permit and that are included in aggregate sign area: A. Location Identification of sign locations on buildings or property, including showing: 1. Setbacks from property or right-of-way lines; 2. Depth of projection; 3. Height above grade; and 4. For projecting blade signs, clearance below. B. Materials and illumination Description of the type of sign and sign materials, including: Page 18 of 23

295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 1. Construction materials; and 2. Proposed lighting, if any. C. Size 1. Itemization of sign size and/or size of any defined sign band area at identified locations; and 2. Total sign area per frontage, per sign type and overall for the project; D. Allocation of sign area 1. Except as otherwise permitted in 13.8, aaggregate sign area for all signs in a comprehensive sign plan shall be the larger of: (a) One square foot of sign per linear foot of building frontage; or (b) For a building with at least one exterior public entrance and one or more establishments with less than 60 feet of frontage, 60 sq. ft. for each such establishment plus one square foot per linear foot of building frontage excluding any frontage not occupied by those establishments. 2. Subject to size, location, and setback standards specified in 13.6, or 13.7, or 13.8 for the applicable district, the applicant for a comprehensive sign plan may allocate permitted aggregate sign area among the walls of various buildings and, to the extent allowed by 13.6 or, 13.7, or 13.8, among freestanding signs, to favor one tenant or series of tenants, provided the comprehensive sign plan identifies available sign area and sign type for each tenant. 13.18. DEFINITIONS AND INTERPRETATIONS Measurements A. Aggregate sign area See 18. B. Urban Regional Shopping Center Façade Area The area of the urban regional shopping center is the result of multiplying the height and width of the urban regional shopping center façade. The height of the façade is measured from the adjacent grade to the finished floor of the story above the urban regional shopping center façade. Where there is no story above, the height is measured to the roofline of the façade. C. Sign area, individual signs 1. General Sign area shall be the area of the rectangle if the sign is rectangular; or if the sign is not rectangular, the smallest convex polygon that contains the entire sign, excluding those architectural embellishments and supports on which no advertising material or lighting is displayed. Page 19 of 23

333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 13.18.1.C.2 was moved to 13.18.1.E.1 2. Three-dimensional The sign area of a three-dimensional or irregularly-shaped sign shall be the area of the convex polygon that will contain the entire sign when viewed in any dimension. If the size of such a polygon varies depending on the perspective of the sign viewed, the largest such polygon shall be used as the sign area. If the sign projects more than two feet from the wall, the sign area shall be two times the area measured by such polygon, to reflect the fact that the sign has a visual effect similar to a two-faced sign. 2. Outline lighting Any exposed tubing or lighting used to outline a sign shall be included in computation of sign area. 3. Signs painted on wall Where a sign is painted on a wall or other surface, the sign area shall include the entire area of the background color(s) of the sign that differentiate it from the general color of the wall or other surface. 4. Signs on awnings Where a sign appears on an awning, notwithstanding the size or color of the awning itself, the sign area shall be measured as set forth in 13.18.1.B.1, above. 5. Projecting Blade or double-faced signs For projecting blade or double-faced signs, the sign area shall be the area of one display face where the interior angle formed by the faces is 90 degrees or less. Otherwise the sign area shall include the area of all sign faces. 6. Window signs The size of a window shall be the area of glass surrounded by structural portions of the building. For window signs, the sign area shall be calculated as set forth in 13.18.1.B.1, above, as a percentage of the area of the window, where dividers (mullions) of more than five inches shall not be counted as window area. D. Sign height 1. The height of a freestanding sign shall be the difference in height between the elevation of the finished grade level beneath the sign and the elevation of the uppermost extremity of the sign or sign structure, whichever is higher. 2. The height of a sign attached to a building shall be the difference in height between the elevation of the finished grade level beneath the sign and the elevation of the uppermost extremity of the sign or sign structure, whichever is higher. E. Three-dimensional Sign Dimensions 13.18.1.E.1 is text moved from 13.18.1.C.2.; 13.18.1.E.2 is new text Page 20 of 23

371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 1. The sign area of a three-dimensional or irregularly-shaped sign shall be the area of the convex polygon that will contain the entire sign when viewed in any dimension. If the size of such a polygon varies depending on the perspective of the sign viewed, the largest such polygon shall be used as the sign area. If the sign projects more than two feet from the wall, the sign area shall be two times the area measured by such polygon, to reflect the fact that the sign has a visual effect similar to a two-faced sign. 2. The maximum dimensional envelope shall be the polyhedron created by the dimensions indicated in the maximum dimensional envelope" line for a freestanding sign in 13.8 such that the freestanding sign is fully contained within the maximum dimensional envelope. Article 18. Definitions 18.1. Word Usage The word "used" includes "designed, intended or arranged to be used" and vice versa; words used in the present tense include the future; words used in the singular number include the plural number and vice versa; the word "building" includes the word "structure"; the word "dwelling" includes the word "residence"; the word "lot" includes the word "plot"; and the word "shall" is mandatory and not directory. 18.2. General Terms Defined For the purposes of this zoning ordinance certain terms and words used herein shall be defined and interpreted as follows. Aggregate sign area. Either, (1) The total area of all signs of a sign type, for which yes is included in the included in aggregate sign area, line in 13.6, 13.7, 13.8; (2) the sum total of the area of all blade, wall and building signs allowed for retail or office tenants and buildings for properties subject to Appendix A, Section VI.F; or (3) the sum total of the area of all blade, wall and building signs for commerce, shopfront and office tenants, or townhouse, small apartment, urban mixeduse or urban residential buildings for properties subject to Appendix B, Section 611, whichever is applicable for the property on which the sign is located. Arcade sign. A sign that is suspended underneath an awning, canopy, marquee, overhang, or other structural element of a building that forms a covered passageway for pedestrians. See 13.7.2 and 13.8.4. Page 21 of 23

409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 Banner. A sign of any kind applied to fabric or other flexible, durable material. Flags as defined herein shall not be considered banners. (See 13.6.3, 13.7.4, 13.8.2, 13.8.6, 13.910.2, 13.156.2.C.1). Changeable copy sign. A sign that includes characters, letters, or illustrations that can be changed or rearranged by mechanical, electronic or manual means without altering the face or surface of the sign. A changeable copy sign that is lighted, has its light source either internal to or on the surface of the sign. Changeable copy sign, automatic. A sign that includes characters, letters, or illustrations that can be changed or rearranged by electronic or electro-mechanical means. An automatic changeable copy sign that is lighted, has its light source either internal to or on the surface of the sign. Flag. A piece of cloth or other material affixed to a pole on two corners. See 13.5.2, 13.6.4, 13.7.6, 13.8.8 and 13.10.813.9.8. Freestanding sign. A sign that is affixed to the ground, to a wall that is not part of a building, or to a fence; freestanding signs include but are not necessarily limited to signs mounted on monument-style foundations, on poles, or on fences or other approved accessory structures. See 13.5.3, 13.6.5, 13.7.7, 13.8.9 and 13.9.613.10.6. Incidental sign. A small, noncommercial sign. Examples include but are not limited to signs that provide information or directions that are necessary for the physical use of a property, such as warnings, parking rules or way-finding information. See 13.5.4, 13.6.6, 13.7.6, 13.8.10 and 13.9.1013.10.10. Linear foot of building frontage. A straight line measured from one end of the wall most nearly parallel to the public right-of-way to the other end of the same wall of the portion of the building façade facing a public street or facing a street with a public access easement. Neither articulations nor off-sets in the wall shall increase the length of the linear foot of building frontage. Projected image sign. A temporary sign that is produced from projected rays of light onto a wall or other surface. The light source for a projected image sign is external to the surface on which the sign is projected. Projecting Blade sign. A sign that is attached in a plane approximately perpendicular to the surface of a building or other structure. See 13.9.813.10.8. Page 22 of 23

446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 Sidewalk sign. A temporary, self-supporting sign made of durable material and located on the sidewalk in front of a use for which such a sign is allowed. See 13.7.10 and 13.8.12. Urban regional shopping center. A building(s) or the portion of a building that includes a minimum of 500,000 square feet of retail, entertainment and food establishment uses configured in at least two stories and that is not bisected by any street. An urban regional shopping center is connected by at least one interior or exterior shared pathway fronted by retail, entertainment and food establishment uses. Urban regional shopping center façade. An exterior vertical plane, face, or side of an urban regional shopping center building that contains a minimum of 50% retail, entertainment and food establishment uses on each story. Neither articulations nor off-sets in the wall of less than five feet shall be considered separate facades. An urban regional shopping center façade is either: (1) Façade type A: an urban regional shopping center façade(s) with a minimum of 50 percent fenestration on the ground story and a minimum of 25 percent fenestration on the remainder of the urban regional shopping center façade; or (2) Façade type B: an urban regional shopping center façade(s) that does not qualify as façade type A. Example of Façade Type A Example of Façade Type B Wall sign. Any sign that is affixed directly to or suspended from a wall, marquee, mansard wall, or parapet wall of a building, with the exposed face of the sign in a plane approximately parallel to and projecting no more than 18 inches from the face of the wall. A wall sign may be either of one-piece construction or of individual connected or related letters or symbols. See 13.6.10, 13.8.5, 13.8.14 and 13.9.11. Window sign. Any permanent or temporary sign, including any decal, that is legible from the outside, including plazas, public streets, and parking lots, and that is placed on the outside or inside face of a window or mounted within two feet of the inside face of the window. See 13.6.11, 13.7.13, 13.8.15, and 13.9.12. Page 23 of 23