1 April 14, 2010 Public Hearing

CITY OF VIRGINIA BEACH AMENDMENT TO ZONING

ORDINANCE – ELECTRONIC DISPLAY BILLBOARDS

REQUEST: An Ordinance to amend Sections 111, 215, and 216 and add a new Section 218 to the City Zoning Ordinance, defining electronic display billboards and establishing requirements for such billboards. Deferred on February 10 and March 10, 2010.

SUMMARY OF AMENDMENT On November 10, 2009, the City Council referred an ordinance pertaining to Electronic Display Billboards to the Planning Commission for review and recommendation. Current City Zoning Ordinance provisions prohibit the conversion of traditional poster-style billboards to digital billboards. At the request of Councilmember, an ordinance was drafted to allow such conversions with the approval of the City Council, subject to the limitations set forth in the ordinance and to the conditions of approval. The Planning Commission formed a subcommittee of three members to study the issue in greater depth. Two public workshops were held before the full Planning Commission on January 25th and February 22nd where all interested parties gave comments on the proposal. All public comments were considered at several subcommittee meetings and the subcommittee drafted an alternative ordinance. The alternative was revised following the February 10th public workshop and is attached for consideration by the Planning Commission. A summary matrix comparing the referred ordinance to the subcommittee’s revised ordinance is attached. A listing showing how other localities regulate electronic display billboards is also attached.

RECOMMENDATION In 1987, after much debate and public input, Virginia Beach made a major commitment to beautification and community appearance by prohibiting new billboards. Strict regulations governing existing,

CITY OF VIRGINIA BEACH - BILLBOARDS Agenda Item 1 Page 1

CITY OF VIRGINIA BEACH - BILLBOARDS Agenda Item 1 Page 2

nonconforming signs were also adopted, designed to gradually eliminate all billboards. For the past 23 years, the City has put forth considerable effort to enforce the rules. The City has successfully won 16 court cases related to the billboard regulations ranging from a direct challenge of the prohibition to willful violations involving illegal repairs. Since the adoption of these regulations, 39 billboards have been removed. The City now has a total of 30 off-site advertising signs or billboards remaining. One billboard company that owns 19 of the remaining billboards has requested a code change that will allow an existing billboard to be replaced with a new electronic display billboard. Throughout the country, the billboard industry is working to gain the right to use the electronic display technology, which enables a single billboard to be rented to multiple advertisers, significantly increasing revenue for the billboard owner. Proponents argue that electronic display billboards will look better than the existing old billboards and will be more modern and attractive. Virginia Beach’s rules do not allow these nonconforming structures to be modernized. The nonconforming billboards are allowed to remain for the rest of their useful life and are gradually eliminated as they become deteriorated and obsolete. If the code is changed to allow the conversions, the new electronic display billboards will not be subject to the nonconforming sign regulations. It is also argued by the sign industry that electronic display billboards will benefit Virginia Beach because the City can use them free of charge for emergency and public safety messages such as Amber Alerts and traffic information. The City’s own City Wide Traffic Signal System Upgrade Project, however, will be a better means of getting such vital messages out to the public. Through a federal grant program, Public Works will be erecting six “dynamic message” signs at key traffic locations. The City also has 20 portable message signs that can supplement the stationary signs to handle any emergency. Our citizens are adequately served by the City’s own message signs that are subject to the sole control and discretion of the City. Safety is another issue being debated. It is true that no single study has conclusively proven that a particular digital billboard was the sole cause of a particular traffic accident. Because of the number of variables involved and the impossibility of recreating all of them in a laboratory-type setting, that level of proof is impossible. Studies, however, indicate that the nature of digital billboards is to capture attention and that driver distraction can lead to traffic accidents. The Federal Highway Administration is currently conducting a study on driver distraction and the safety or impact of new sign technology on driver attention. This study will produce the most thorough and impartial report on the issue. After a number of delays, the final report is expected this summer. Several localities and states are postponing decision making on digital billboards until the results of this important study are presented. It is staff’s opinion that these electronic billboards will detract from the aesthetics of the City and be contradictory to the 23 years of policy aimed at the elimination of such signage. Nineteen of the remaining billboards in Virginia Beach are located within Strategic Growth Areas where the City is focusing planning efforts, capital improvements and economic development resources to create a human scale environment with safe, attractive urban design. Electronic billboards do not fit into that picture. In conclusion, the Planning Department strongly recommends that no changes to our existing billboard regulations be adopted. Virginia Beach made the decision long ago in favor of beautification and reasonable sign control and has invested significant public resources to move forward with that vision. Staff finds no compelling reason why the City should change course.

Comparison of Versions‘Referred Ordinance’ ‘Alternate #2’

Dimensional Requirements No greater than existing billboard. Council may require a lesser area.

SAME

24’ maximum height SAMELocational Requirements Not allowed within the Transit

Extension Study areaSAME

Allowed only as a replacement of an existing standard billboard

SAME

Not allowed within 400’ of an Historic and Cultural District

SAME

Not allowed within 2000’ of another digital billboard

SAME

Comparison (Continued)‘Referred Ordinance’ ‘Alternate #2’

Removal of Existing Billboards

Only allowed as a replacement of an existing billboard

All on-site billboards must be removed plus off-site billboards must be removed equal to 2 times the sign area of the proposed digital billboard

Intensity 7000 candelas maximum from sunrise to sunset

5000 candelas maximum from sunrise to sunset

500 candelas maximum from sunset to 1:00 a.m. SAME

Not illuminated from 1:00 a.m. to 5:00 a.m., except for emergency or public notices

SAME

Where visible from a Residential or Apartment District, Council may require no illumination from midnight to 5:00 a.m.

Where visible from a Residential or Apartment District – no illumination allowed from 10:00 p.m. to 6:00 a.m.

Comparison (Continued)‘Referred Ordinance’ ‘Alternate #2

Number of Digital Billboards Allowed

1 per lot – as a replacement of standard billboard, 2 faces SAME

Display Requirements Full color allowed SAMEMoving, blinking, flashing, scrolling,and pulsating are prohibited SAME

No audio speakers SAMEDwell Time

8 seconds 30 seconds

Pixel Pitch NA 19 mm or smaller

Appearance All electrical service lines must be underground

SAME

NA Monopole construction required

Support structure must be fully screened with landscaping, maintained in good condition

SAME

Comparison (Continued)

‘Referred Ordinance’ ‘Alternate #2’

Video or Audio Not allowed SAME

Public Safety Capable of displayingemergency and public safety messages

SAME

1 REQUESTED BY COUNCILMEMBER HARRY E DIEZEL

23 A RESOLUTION REFERRING TO THE PLANNING

4 COMMISSION AN ORDINANCE TO AMEND SECTIONS

5 111 215 AND 216 AND ADD A NEW SECTION 218 TO

6 THE CITY ZONING ORDINANCE DEFINING

7 ELECTRONIC DISPLAY BILLBOARDS AND

8 ESTABLISHING REQUIREMENTS FOR SUCH

9 BILLBOARDS

10 WHEREAS the public convenience general welfare and good zoning practice so

11 require1213 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

14 OF VIRGINIA BEACH VIRGINIA15

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

17 and recommendation proposed amendments to Sections 111 215 and 216 and adding18 a new Section 218 of the City Zoning Ordinance defining electronic display billboards

19 and establishin 1 requirements for such billboards

2021 A copy of such proposed amendments is attached hereto

2223 Adopted by the Council of the City of Virginia Beach Virginia on the

24 day of November 2009

APP7JE

JCity Attorney s Office

CA11318R 1

November 2 20D9

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REQUESTED BY COUNCILMEMBER HARRY E DIEZEL

1 AN ORDINANCE TO AMEND SECTIONS 111 215 AND

2 216 AND ADD A NEW SECTION 218 TO THE CITY3 ZONING ORDINANCE DEFINING ELECTRONIC DISPLAY

4 BILLBOARDS AND ESTABLISHING REQUIREMENTS FOR5 SUCH BILLBOARDS6

7 Sections Amended City Zoning Ordinance Sections 111

8 215 and 216

910 Section Added City Zoning Ordinance Section 21811

12 WHEREAS the public necessity convenience general welfare and good zoning13 practice so require14

15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA16 BEACH VIRGINIA17

18 That Sections 111 215 and 216 of the City Zoning Ordinance are hereby19 amended and reordained and a new Section 218 pertaining to electronic display20 billboards is hereby added to read as follows21

22 ARTICLE 1 GENERAL PROVISIONS

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26 Sec 111 Definitions27

28 For the purpose of this ordinance words used in the present tense shall include29 the future words used in the singular number include the plural and the plural the30 singular the use of any gender shall be applicable to all genders the word shall is

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

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

33 a partnership association or corporation3435 In addition the following terms shall be defined as herein indicated

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39 Billboards A sign as defined in this zoning code section including the40 supporting sigR structure which advertises or directs the attention of the general public41 to an establishment business or service and which is located on a separate site from

42 the establishment business or service Nhich the billboard advertises

43 Billboard electronic displav A billboard as defined in this section containinq44 liqht emittinq diodes LEOs fiber optics Iiqht bulbs plasma display screens or other45 internal illumination devices that are used to chanqe the messaqes intensity of liqht or46 colors displayed by such siqn The term shall not include billboards on which liqhts or47 other illumination devices display only the temperature or time of day in alternatinq48 cycles of not less than five 5 seconds49

50 COMMENT5152 The amendments in Lines 39 42 are intended to simplify the existing definition ofbillboard53 and do not substa ntively change that definition5455 The new language added in Lines 44 49 define the term electronic display billboard565758

59 ARTICLE 2 GI NERAL REQUIREMENTS AND PROCEDURES APPLICABLE60 TO ALL DISTRICTS6162

63 B SIGN REGULATIONS64

6566

67 Sec 215 Nonc onforming signs68

69 a Notwithstanding the provisions of section 105 f of this ordinance and70 except as provided in section 218 no nonconforming sign shall be structurally altered71 enlarged moved or replaced whether voluntarily or by reason of involuntary damage to72 or destruction of such sign unless such sign is brought into compliance with the73 provisions of thi s ordinance Except as provided in section 216 no nonconforming sign74 shall be repaired at a cost in excess of fifty 50 percent of its original cost unless such75 sign is caused to comply with the provisions of this ordinance Any nonconforming sign76 which is not maintained continuously in good repair and any nonconforming sign which77 is abandoned shall be removed For purposes of this section a sign shall be deemed to78 be abandoned if the business for which the sign was erected has not been in operation79 for a period of at least two 2 years Following the expiration of at least two 2 years80 any abandoned nonconforming sign shall be removed by the owner of the property on

81 which the sign is located after notification by the zoning administrator If following such82 two year period the zoning administrator has made a reasonable attempt to notify the83 property owner the city through its own agents or employees may enter the property84 upon which the sign is located and remove any such sign wherever the owner has85 refused to do so The cost of such removal shall be chargeable to the owner of the86 property Nothing herein shall prevent the city from applying to a court of competent

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jurisdiction for an order requiring the removal of such abandoned nonconforming sign bythe owner by means of injunction or other appropriate remedy

b Not set out

c Not set out

COMMENT

The amendment is necessary to conform the provisions of Section 215 a to the new Section

218 Subsections b and c are not set out as they do not pertain to the subject ofthis ordinance

Sec 216 Outdoor advertising structures billboards signboards and posterpanels Billboards

a Except as provided in section 218 no Ne new billboards shall be erected

within the city limits effective immediately All existing billboards shall be governed bythe provisions of section 215 of this ordinance No billboard heretofore erected shall be

located in whole or in part upon improved property

b Except as provided in section 218 no Ne billboard shall be located within

five hundred 500 feet of an interchange or intersection at grade on any highwayinterstate or city council designated expressway measured along the highwayinterstate or expressway to the nearest point of the beginning or ending of pavementwidening at the exit from or entrance to the main traveled way On all other streets no

billboard shall be located within two hundred 200 feet of any right of way of any

underpass overpass bridge or tunnel or a plaza serving such facility

c Except as provided in section 218 no Ne billboard shall be closer than fifty50 feet to any property line nor located closer than six hundred sixty 660 feet to the

right of way line of any interstate or expressway designated by city council nor closer

than twenty five 25 feet to the right of way of any other street However no billboard

shall be located within two hundred 200 feet of any established residential or

apartment zoning district No billboard shall be located upon any lot having a frontage of

less than two hundred 200 feet and an area of less than ten thousand 10 000 square

feetd The repair of lawfully nonconforming billboards visible from the main

traveled way of any interstate highway federal aid primary highway as that systemexisted on June 1 1991 or national highway system highway shall be governed by the

provisions of Virginia Code section 33 1 370 2 No building permit authorizing the repairof any such billboard shall be issued unless owner of the billboard provides to the

building codes administrator a letter from the commonwealth transportation3

132 commissioner approving the proposed repairs In the event the building codes133 administrator dl3termines that the cost of the proposed repairs exceeds fifty 50 percent134 of the replacement cost of the billboard he shall within thirty 30 days of the filing of

135 the building permit application submit an objection to the determination of the

136 commissioner together with documentation supporting such objection A copy of such

137 objection and documentation shall be provided to the billboard owner The

138 determination of the commissioner upon reconsideration shall be binding139140 COMMENT

141142 The amendments in subsections a b and c are necessary to conform the provisions of

143 Section 216 to the new Section 218 The amendments to the catchline replace outdated terminology144 and have no substantive effect

145

146147 Sec 218 Electronic displav billboards148149 Subiect to the followina provisions electronic display billboards replacina existina

150 billboards on thH same lot may be allowed by resolution adopted by the City Council

151152 a Application requirements Applications for approval of an electronic

153 display billboard shall be sianed by the applicant and property owner and filed with the

154 Plannina Director No application shall be accepted by the Plannina Director unless all

155 required items are included Applications shall include the followina items

156157 ill A site plan drawn to scale showina the location of lot lines utility

158 and other easements abuttina roadways existina structures

159 includinQ any existina sians and billboards on the lot the proposed160 location of the electronic display billboard and containinQ an inset

161 location map

162163 m A landscapinQ plan showina the type size number and location of

164 plant materials to be used

165

166 ill Buildina plans showina the heiaht dimensions structural elements

167 includina supportina elements and electrical connections for the

168 proposed billboard

169170 ill A certification siQned by an enaineer licensed to practice in Virainia

171 that the proposed billboard meets all applicable requirements of the

172 Virainia Uniform Statewide Buildina Code

173174 @ A certification from the manufacturer of the proposed electronic

175 display billboard that the liaht intensity has been pre set not to

176 exceed seven thousand 7 000 candelas per square meter and

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177 that the proposed billboard is equipped with a workinq control

178 device capable of automatically reducino the illumination as

179 required by this section

180181 6 A plan settinq forth the protocol for implementation of the

182 requirements set forth in subsection e Such protocol shall

183 address the circumstances under which the city or other authorized

184 aqency may display emerqency and other public safety messaqes

185 the frequency and duration of such messaqes and such other

186 matters as the city council may deem appropriate187188 7 Any other information deemed necessary by the Planninq Director

189 in order to fully evaluate the application and190

191 8 An application fee in the amount of four hundred dollars 400 00

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193 b Dimensional and location requirements194

195 1 No electronic display billboard shall be qreater in siqn area as

196 defined in Section 111 than the siqn area of the billboard it

197 replaces provided however that the city council may prescribe a

198 lesser sion area for any such billboard199

200 2 No electronic display billboard shall exceed a heiqht equal to that of201 the billboard it replaces or such lower heioht as the city council may

202 prescribe and in no event shall any electronic display billboard

203 exceed twenty four 24 feet in heioht as measured from the qrade204 of the public street toward which the billboard is oriented205

206 3 The city council may prescribe that an electronic display billboard

207 be located on a different portion of the lot from that of the billboard208 it replaces provided however that no portion of such billboard

209 shall be located closer to any public street than any portion of the

210 billboard it replaces211

212 4 No more than one 1 electronic display billboard structure shall be

213 allowed on any zonino lot and no structure shall contain more than

214 two 2 electronic display faces No more than one such face shall

215 be oriented in each direction and vertical stackinq of advertisinq216 faces shall be prohibited217

218 5 No electronic display billboard shall be located in or within four219 hundred 400 feet of an Historic and Cultural District thereof or

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220 within two thousand 2 000 feet of any other electronic display221 billboard222223 i n No electronic display billboard shall be located within the proiect224 study area of the Virainia Beach Transit Extension Study initiated225 by Hampton Roads Transit in May 2009226227 c Illumination and disp av requirements228229 Q No electronic display billboard shall exceed a maximum illumination230 of seven thousand 7 000 candelas per square meter from sunrise231 to sunset or five hundred 500 candelas per square meter between232 sunset and one o clock 1 00 a m as measured from the sian face233 at maximum briahtness No such billboard shall be illuminated234 either internally or externally at any time between one o clock235 1 00 a m and five o clock 5 00 a m except as may be236 necessary to display an emeraency or other public safety messaae237 pursuant to subsection e

238239 The city council may require that where the electronic display face240 is visible from a Residential or Apartment zonina district241 illumination cease between midniaht and five o clock 5 00 a m

242243 if Electronic display billboards shall be equipped with a workina244 dimmer control device capable of automatically reducina the245 illumination to required levels in accordance with subdivision c 1246247 Q No electronic display billboard shall display a messaae or symbol248 commonlv used a traffic control direction or warnina and no such249 billboard shall obstruct motorists view of anv street sian traffic250 sianal street or intersection251

252 ifi No portion of the messaae displayed by any electronic display253 billboard includina backarounds colors letterina pictures or other254 araphics shall be chanaed more frequently than once every eiaht255 8 seconds Movina blinkina flashina scrollina or pulsatina256 elements shall be prohibited The entirety of each display shall be257 chanaed simultaneously within a period of no more than two 2258 seconds259260 Q No electronic display billboard shall contain any audio speakers on

261 or electronically connected to such billboard262

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6 All electrical service lines providino service to electronic displaybillboards shall be underoround

d Landscapinq requirements

1 Landscapino sufficient to fully screen supportino structures from all

abuttino roadways at maturity and any additional landscapinorequired by the city council shall be provided by no later than the

first orowino season after approval of the application

2 All landscapino shall be maintained in oood condition at all times

and all veoetation determined by the city arborist to be diseased

dyino or dead shall be replaced in a timely manner consistent with

oood landscapino practices

e Public safety requirements Electronic display billboards shall be capableof displayino emeroency and other public safety messaoes transmitted by the city or

other authorized aoencies in accordance with the protocol approved by the city council

f Enforcement Noncompliance with any of the provisions of this section or

the conditions of approval of an electronic display billboard by the city council shall be

orounds for revocation of such approval provided however that the zonino

administrator shall provide prior written notice of such violation to the owner of the

electronic display billboard and a reasonable period specified in such notice to cure

such noncompliance prior to the institution of proceedinos to revoke approval or other

enforcement actionCOMMENT

Section 218 sets forth the requirements for applications for electronic display billboards

Such billboards are allowed only as replacements of existing billboards on the same lot and onlyby resolution of the City Council The ordinance does not allow electronic display billboards under

any other circumstances Specific requirements are as follows

Subsection a sets forth the information that is required as part ofan application for an

electronic display billboard The requirements include

1 A site plan

2 A landscaping plan

3 Building plans

4 An engineer s certification as to compliance with Building Code

requirements

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350351352353

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5 A manufacturer s certification regarding certain illumination capabilities ofthe billboard

6 A plan for the City s use of the billboard to display emergency and otherpublic safety messages

7 Other information deemed necessary by the Planning Director to fullyevaluate the application and

8 A 400 application fee

Subsection b sets forth the requirements pertaining to the location and dimensions ofelectronic display billboards They include

1 Restrictions on the size of the billboard

2 Restrictions on the height of the billboard

3 Restrictions on the location of the billboard

4 Limitations on the number of billboards on one lot and a prohibition of

subdividing lots for billboards

5 Prohibition of billboards in or within 400 feet of an Historic and CulturalDistrict or in proximity to otherelectronic display billboards and

6 Prohibition ofbillboardswithin the Light Rail Corridor Study Area

Subsectiolll c sets forth the requirements pertaining to the illumination and displays ofelectronic display billboards They include

1 Restrictions on the intensity ofillumination of billboards and a requirementthat they not be illuminated at certain times except for emergency and other

public safety messages

2 Requirements for automatic control ofillumination

3 Prohibition of messages or symbols commonly used for traffic control

purposes and of locations that obstruct motorists vision of streetsintersections etc

4 Requirements that messages be static and displayed for no less than 8seconds and the messages change within two seconds or less and

5 Prohibition ofspeakers or otheraudio equipment

Subsection d sets forth the requirements pertaining to the landscaping of electronic

display billboards They include

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1 A requirements that full screening of the supporting structures of a

billboard as well as any other landscaping required by the City Council be

provided and

2 Landscaping maintenance requirements

Subsection e requires electronic display billboards to be capable ofdisplaying emergency

and other public safety messages transmitted by the City or other authorized agencies

Subsection 1 sets forth the means of enforcement of the section and provides that the

owner of an electronic display billboard in violation of this section shall he granted a reasonable

opportunity to cure the violation prior to the institution ofenforcement proceedings

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

day of 2009

APPROVED AS TO LEGAL SUFFICIENCY

City Attorney s Office

CA 11248R 6

October 13 2009

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ALTERNATE VERSION AN ORDINANCE TO AMEND SECTIONS 111, 215 AND 1 216 AND ADD A NEW SECTION 218 TO THE CITY 2 ZONING ORDINANCE, DEFINING ELECTRONIC DISPLAY 3 BILLBOARDS AND ESTABLISHING REQUIREMENTS FOR 4 SUCH BILLBOARDS 5

6 Sections Amended: City Zoning Ordinance Sections 111, 7 215 and 216 8 9 Section Added: City Zoning Ordinance Section 218 10

11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16

17 That Sections 111, 215 and 216 of the City Zoning Ordinance are hereby 18

amended and reordained, and a new Section 218, pertaining to electronic display 19 billboards, is hereby added, to read as follows: 20

21 ARTICLE 1. GENERAL PROVISIONS 22 23 . . . . 24 25 Sec. 111. Definitions. 26 27

For the purpose of this ordinance, words used in the present tense shall include 28 the future; words used in the singular number include the plural and the plural the 29 singular; the use of any gender shall be applicable to all genders; the word "shall" is 30 mandatory; the word "may" is permissive; the word "land" includes only the area 31 described as being above mean sea level; and the word "person" includes an individual, 32 a partnership, association, or corporation. 33

34 In addition, the following terms shall be defined as herein indicated: 35 36 . . . . 37 38 Billboards. A sign, as defined in this zoning code section, including the 39 supporting sign structure, which advertises or directs the attention of the general public 40 to an establishment, business or service and which is located on a separate site from 41 the establishment, business or service which the billboard advertises. 42

2

Billboard, electronic display. A billboard, as defined in this section, containing 43 light emitting diodes (LEDs), fiber optics, light bulbs, plasma display screens or other 44 internal illumination devices that are used to change the messages, intensity of light or 45 colors displayed by such sign. The term shall not include billboards on which lights or 46 other illumination devices display only the temperature or time of day in alternating 47 cycles of not less than five (5) seconds, 48 49

COMMENT 50 51 The amendments in Lines 39-42 are intended to simplify the existing definition of billboard 52 and do not substantively change that definition. 53 54 The new language added in Lines 43-48 defines the term “electronic display billboard.” 55 56 57 58 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 59 TO ALL DISTRICTS 60 . . . . 61 62 B. SIGN REGULATIONS 63 64 . . . . 65 66 Sec. 215. Nonconforming signs. 67 68 (a) Notwithstanding the provisions of section 105(f) of this ordinance, and 69 except as provided in section 218, no nonconforming sign shall be structurally altered, 70 enlarged, moved or replaced, whether voluntarily or by reason of involuntary damage to 71 or destruction of such sign, unless such sign is brought into compliance with the 72 provisions of this ordinance. Except as provided in section 216, no nonconforming sign 73 shall be repaired at a cost in excess of fifty (50) percent of its original cost unless such 74 sign is caused to comply with the provisions of this ordinance. Any nonconforming sign 75 which is not maintained continuously in good repair, and any nonconforming sign which 76 is abandoned shall be removed. For purposes of this section, a sign shall be deemed to 77 be abandoned if the business for which the sign was erected has not been in operation 78 for a period of at least two (2) years. Following the expiration of at least two (2) years, 79 any abandoned nonconforming sign shall be removed by the owner of the property on 80 which the sign is located, after notification by the zoning administrator. If, following such 81 two-year period, the zoning administrator has made a reasonable attempt to notify the 82 property owner, the city through its own agents or employees may enter the property 83 upon which the sign is located and remove any such sign wherever the owner has 84 refused to do so. The cost of such removal shall be chargeable to the owner of the 85 property. Nothing herein shall prevent the city from applying to a court of competent 86

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jurisdiction for an order requiring the removal of such abandoned nonconforming sign by 87 the owner by means of injunction or other appropriate remedy. 88 89 (b) [Not set out] 90 91 (c) [Not set out] 92 93 . . . . 94 95

COMMENT 96 97 The amendment is necessary to conform the provisions of Section 215(a) to the new Section 98 218. Subsections (b) and (c) are not set out, as they do not pertain to the subject of this ordinance. 99 100 101 Sec. 216. Outdoor advertising structures, billboards, signboards and poster 102 panels Billboards. 103 104 (a) Except as provided in section 218, no No new billboards shall be erected 105 within the city limits, effective immediately. All existing billboards shall be governed by 106 the provisions of section 215 of this ordinance. No billboard heretofore erected shall be 107 located, in whole or in part, upon improved property. 108 109 (b) Except as provided in section 218, no No billboard shall be located within 110 five hundred (500) feet of an interchange, or intersection at grade, on any highway, 111 interstate or city council designated expressway (measured along the highway, 112 interstate or expressway to the nearest point of the beginning or ending of pavement 113 widening at the exit from or entrance to the main traveled way). On all other streets, no 114 billboard shall be located within two hundred (200) feet of any right-of-way of any 115 underpass, overpass, bridge or tunnel or a plaza serving such facility. 116 117 (c) Except as provided in section 218, no No billboard shall be closer than fifty 118 (50) feet to any property line nor located closer than six hundred sixty (660) feet to the 119 right-of-way line of any interstate or expressway designated by city council, nor closer 120 than twenty-five (25) feet to the right-of-way of any other street. However, no billboard 121 shall be located within two hundred (200) feet of any established residential or 122 apartment zoning district. No billboard shall be located upon any lot having a frontage of 123 less than two hundred (200) feet and an area of less than ten thousand (10,000) square 124 feet. 125 (d) The repair of lawfully nonconforming billboards visible from the main 126 traveled way of any interstate highway, federal-aid primary highway as that system 127 existed on June 1, 1991, or national highway system highway shall be governed by the 128 provisions of Virginia Code section 33.1-370.2. No building permit authorizing the repair 129 of any such billboard shall be issued unless owner of the billboard provides to the 130 building codes administrator a letter from the commonwealth transportation 131

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commissioner approving the proposed repairs. In the event the building codes 132 administrator determines that the cost of the proposed repairs exceeds fifty (50) percent 133 of the replacement cost of the billboard, he shall, within thirty (30) days of the filing of 134 the building permit application, submit an objection to the determination of the 135 commissioner, together with documentation supporting such objection. A copy of such 136 objection and documentation shall be provided to the billboard owner. The 137 determination of the commissioner upon reconsideration shall be binding. 138 139

COMMENT 140 141 The amendments in subsections (a), (b) and (c) are necessary to conform the provisions of 142 Section 216 to the new Section 218. The amendments to the catchline replace outdated terminology 143 and have no substantive effect. 144 145 146 Sec. 218. Electronic display billboards. 147 148 Subject to the following provisions, electronic display billboards may be allowed 149 by resolution adopted by the City Council: 150 151 (a) Application requirements. Applications for approval of an electronic 152 display billboard shall be signed by the applicant and property owner and filed with the 153 Planning Director. No application shall be accepted by the Planning Director unless all 154 required items are included. Applications shall include the following items: 155 156

(1) A site plan drawn to scale, showing the location of lot lines, utility 157 and other easements, abutting roadways, existing structures, 158 including any existing signs and billboards on the lot, the proposed 159 location of the electronic display billboard, and containing an inset 160 location map; 161

162 (2) A landscaping plan showing the type, size, number and location of 163

plant materials to be used; 164 165 (3) Building plans showing the height, dimensions, structural elements, 166

including supporting elements, and electrical connections for the 167 proposed billboard; 168

169 (4) A certification signed by an engineer licensed to practice in Virginia 170

that the proposed billboard meets all applicable requirements of the 171 Virginia Uniform Statewide Building Code; 172

173 (5) A certification from the manufacturer of the proposed electronic 174

display billboard that the light intensity has been pre-set not to 175 exceed five thousand (5,000) candelas per square meter and that 176

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the proposed billboard is equipped with a working control device 177 capable of automatically reducing the illumination as required by 178 this section; 179

180 (6) A plan setting forth the protocol for implementation of the 181

requirements set forth in subsection (e). Such protocol shall 182 address the circumstances under which the city or other authorized 183 agency may display emergency and other public safety messages, 184 the frequency and duration of such messages and such other 185 matters as the city council may deem appropriate; 186

187 (7) A designation of the billboard or billboards to be removed as a 188

condition of approval of the electronic display billboard sought to be 189 constructed; 190

191 (8) Any other information deemed necessary by the Planning Director 192

in order to fully evaluate the application; and 193 194 (9) An application fee in the amount of four hundred dollars ($400.00). 195 196

(b) Dimensional, locational, etc. requirements: 197 198

(1) No electronic display billboard shall be approved unless, as a 199 condition of such approval, all existing billboards on the same 200 zoning lot and, in addition, other billboards having a total sign area 201 of at least two (2) times that of the proposed electronic display 202 billboard, are removed. 203

204 (2) No electronic display billboard shall be greater in sign area, as 205

defined in Section 111, than an area equal to the sign area of the 206 billboard it replaces; provided, however, that the city council may 207 prescribe a lesser sign area for any such electronic display 208 billboard. 209

210 (3) No electronic display billboard shall exceed a height equal to that of 211

the billboard it replaces or such lower height as the city council may 212 prescribe, and in no event shall any electronic display billboard 213 exceed twenty-four (24) feet in height, as measured from the grade 214 of the public street toward which the billboard is oriented, 215

216 (4) The city council may prescribe that an electronic display billboard 217

be located on a different portion of the lot from that of the billboard 218 it replaces; provided, however, that no portion of such billboard 219

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shall be located closer to any public street than any portion of the 220 billboard it replaces. 221

222 (5) No more than one (1) electronic display billboard structure shall be 223

allowed on any zoning lot, and no structure shall contain more than 224 two (2) electronic display faces. No more than one such face shall 225 be oriented in each direction and vertical stacking of advertising 226 faces shall be prohibited. 227

228 (6) No electronic display billboard shall be located in or within four 229

hundred (400) feet of an Historic and Cultural District or within two 230 thousand (2,000) feet of any other electronic display billboard. 231

232 (7) No electronic display billboard shall be located within the project 233

study area of the Virginia Beach Transit Extension Study initiated 234 by Hampton Roads Transit in May 2009. 235

236 (8) Electronic display billboards shall be of monopole-type 237

construction. 238 239

(c) Illumination and display requirements: 240 241

(1) No electronic display billboard shall exceed a maximum illumination 242 of five thousand (5,000) candelas per square meter from sunrise to 243 sunset or five hundred (500) candelas per square meter between 244 sunset and one o’clock (1:00) a.m., as measured from the sign face 245 at maximum brightness. No such billboard shall be illuminated, 246 either internally or externally, at any time between one o’clock 247 (1:00) a.m. and five o’clock (5:00) a.m., except as may be 248 necessary to display an emergency or other public safety message 249 pursuant to subsection (e); provided, however, that where the 250 electronic display face is visible from a Residential or Apartment 251 zoning district, illumination shall cease between ten o’clock (10:00) 252 p.m. and six o’clock (6:00) a.m. 253

254 (2) Electronic display billboards shall be equipped with a working 255

dimmer control device capable of automatically reducing the 256 illumination to required levels in accordance with subdivision (c) (1). 257

258 (3) No electronic display billboard shall display a message or symbol 259

commonly used a traffic-control direction or warning, and no such 260 billboard shall obstruct motorists’ view of any street sign, traffic 261 signal, street or intersection. 262

263

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(4) No portion of the message displayed by any electronic display 264 billboard, including backgrounds, colors, lettering, pictures or other 265 graphics, shall be changed more frequently than once every thirty 266 (30). seconds. Moving, blinking, flashing, scrolling or pulsating 267 elements shall be prohibited. The entirety of each display shall be 268 changed simultaneously within a period of no more than two (2) 269 seconds. 270

271 (5) No electronic display billboard shall contain any audio speakers on, 272

or electronically connected to, such billboard. 273 274 (6) All electrical service lines providing service to electronic display 275

billboards shall be underground. 276 277 (7) All electronic displays shall be of a pixel pitch of .19mm or smaller. 278 279

(d) Landscaping requirements: 280 281

(1) Landscaping sufficient to fully screen supporting structures from all 282 abutting roadways at maturity, and any additional landscaping 283 required by the city council, shall be provided by no later than the 284 first growing season after approval of the application. 285

286 (2) All landscaping shall be maintained in good condition at all times, 287

and all vegetation determined by the city arborist to be diseased, 288 dying or dead shall be replaced in a timely manner consistent with 289 good landscaping practices. 290

291 (e) Public safety requirements. Electronic display billboards shall be capable 292 of displaying emergency and other public safety messages transmitted by the city or 293 other authorized agencies in accordance with the protocol approved by the city council. 294 295 (f) Enforcement. Noncompliance with any of the provisions of this section or 296 the conditions of approval of an electronic display billboard by the city council shall be 297 grounds for revocation of such approval; provided, however, that the zoning 298 administrator shall provide prior written notice of such violation to the owner of the 299 electronic display billboard and a reasonable period, specified in such notice, to cure 300 such noncompliance prior to the institution of proceedings to revoke approval or other 301 enforcement action. 302

COMMENT 303 304

Section 218 sets forth the requirements for applications for electronic display billboards. 305 Such billboards are allowed only as replacements of existing billboards on the same lot, and only 306 by resolution of the City Council. The ordinance does not allow electronic display billboards under 307 any other circumstances. Specific requirements are as follows: 308

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309 Subsection (a) sets forth the information that is required as part of an application for an 310 electronic display billboard. The requirements include: 311 312

(1) A site plan; 313 314 (2) A landscaping plan; 315 316 (3) Building plans; 317 318 (4) An engineer’s certification as to compliance with Building Code 319

requirements; 320 321 (5) A manufacturer’s certification regarding certain illumination capabilities of 322

the billboard; 323 324 (6) A plan for the City’s use of the billboard to display emergency and other 325

public safety messages; 326 327 (7) A designation of the billboards that are to be removed as a condition of 328

approval; 329 330 (8) Other information deemed necessary by the Planning Director to fully 331

evaluate the application; and 332 333 (9) A $400 application fee. 334 335

Subsection (b) sets forth the requirements pertaining to the location and dimensions of 336 electronic display billboards. They include: 337 338

(1) Restrictions on the size of the billboard; 339 340 (2) Restrictions on the height of the billboard; 341 342 (3) Restrictions on the location of the billboard; 343 344 (4) Limitations on the number of billboards on one lot and a prohibition of 345

subdividing lots for billboards; 346 347 (5) Prohibition of electronic display billboards in or within 400 feet of an 348

Historic and Cultural District or within 2,000 square feet of other electronic 349 display billboards; and 350

351 (6) Prohibition of electronic display billboards within the Virginia Beach 352

Transit Extension Study Area; and 353 354 355

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In addition, any billboards on the same lot as the proposed electronic display billboard and, 356 in addition, other billboards having a total sign area of at least two times the area of the proposed 357 electronic display billboard, must be removed as a condition of approval. 358

359 Subsection (c) sets forth the requirements pertaining to the illumination and displays of 360 electronic display billboards. They include: 361 362

(1) Restrictions on the intensity of illumination of billboards and a requirement 363 that they not be illuminated at certain times, except for emergency and other 364 public safety messages; 365

366 (2) Requirements for automatic control of illumination; 367 368 (3) Prohibition of messages or symbols commonly used for traffic-control 369

purposes and of locations that obstruct motorists’ vision of streets, 370 intersections, etc.; 371

372 (4) Requirements that messages be static and displayed for no less than 30 373

seconds and the messages change within two seconds or less; 374 375 (5) Prohibition of speakers or other audio equipment; 376 377 (6) A requirement that the pixel pitch be no greater than .19mm (smaller pixel 378

pitches provide a more detailed, higher-resolution display). 379 380

Subsection (d) sets forth the requirements pertaining to the landscaping of electronic 381 display billboards. They include: 382 383

(1) A requirement that full screening of the supporting structures of a billboard, 384 as well as any other landscaping required by the City Council, be provided; 385 and 386

387 (2) Landscaping maintenance requirements. 388 389

Subsection (e) requires electronic display billboards to be capable of displaying emergency 390 and other public safety messages transmitted by the City or other authorized agencies. 391 392 Subsection (f) sets forth the means of enforcement of the section and provides that the 393 owner of an electronic display billboard in violation of this section shall be granted a reasonable 394 opportunity to cure the violation prior to the institution of enforcement proceedings. 395 396 Adopted by the Council of the City of Virginia Beach, Virginia, on the 397 day of , 2010. 398

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APPROVED AS TO LEGAL SUFFICIENCY: _______________________________ City Attorney's Office CA-11248 R-3 March 5, 2010

DIGITAL BILLBOARD REGULATIONS – Other Localities A summary follows showing how other localities deal with electronic display billboards:

LOCAL

Williamsburg, VA – No new billboards are allowed. There is only one nonconforming billboard in Williamsburg and the regulations do not allow it to be converted to a digital format. No LED signs are allowed in Williamsburg.

Chesapeake, VA – Allows new billboards, including electronic billboards with a conditional use permit in the General Business District, Highway Service District and the Industrial Districts, subject to conditions.

Norfolk, VA – Billboards, including digital billboards, are allowed by Special Exception in the commercial and industrial districts. Old billboards can be replaced through approval of a Special Exception. Conditions apply pertaining to size, location, and orientation. They are prohibited on certain streets including Virginia Beach Boulevard from the city limit for a distance of 3000 feet into the city.

Newport News, VA – New billboards and electronic billboards are allowed except animation is prohibited and copy can change once every 3 seconds.

York County – New billboards are not allowed and digital billboard signs are not allowed in York County. They allow LED signs to display time, date and temperature only. They add that the Zoning Administrator has done a written policy that allows electronic message boards to change only once every 24 hours. There is an amendment pending that would allow a sign to change once every 15 minutes.

Suffolk, VA – No new billboards are allowed. Existing billboards cannot be converted to electronic display. New regulations for on-site electronic message boards are allowed to change no more than once every 60 minutes and are not allowed to have any sense of motion.

James City County – Billboards are not allowed and existing billboards cannot be converted to electronic display billboards. Electronic display signs are only permitted for gas pricing and can have a maximum of only 10 square feet.

Portsmouth, VA – Billboards, including the electronic display type, are allowed in the Manufacturing Districts and on unimproved lots in the C-2 Commercial District. Maximum size is 672 square feet in Manufacturing Districts and 300 square feet in the C-2 Commercial District. Billboards are restricted along certain streets and various setbacks apply. Animation is prohibited.

RESORT AND OTHER CITIES

Nags Head, N.C. – No billboards are allowed and no nonconforming billboards exist.

Ocean City, Maryland – No billboards are allowed and no nonconforming billboards exist.

Las Vegas, Nevada – Las Vegas allows digital billboards with a conditional use permit in the commercial and industrial districts. Conditions are attached to the approval as recommended by staff. Digital billboards are not allowed on certain roadways and they are not allowed within 200’ of a residential district.

Hilton Head, S.C. – Billboards are not allowed and no nonconforming billboards exist.

Jackson Hole, Wyoming – Billboards are not allowed and no nonconforming billboards exist.

Pensacola, Florida – New billboards are allowed, including digital billboards. Digital billboards are required to have self-regulating light sensors.

Annapolis, Maryland – New billboards are not allowed. They have two existing billboards and they do not allow them to be modified to digital billboards. Myrtle Beach, SC – Myrtle Beach does not allow new billboards and at this time they do not allow nonconforming billboards to be converted to digital format. They are currently doing extensive research on the impact of LED signs.

Minnetonka, Minnesota – A billboard company removed 15 of the 30 static billboards in exchange for permission to install digital bill boards. The city will permit the company to install no more than 8 LED signs at four to six locations. Minnetonka now has a moratorium on digital billboards.

San Antonio, Texas – December 2007, required the removal of up to four static billboards in exchange for permission to install one digital display billboard in their place. The number of digital signs permitted was determined by the total square footage of the static billboard faces removed. San Antonio now has a moratorium on digital billboards.

West Hollywood, CA – Billboards are allowed only within the Sunset Specific Plan. Use of LED technology as part of a creative sign may only be approved by the Planning Commission. Existing billboards can be replaced as long as the square footage does not increase.

Chicago, IL – A non-conforming billboard may be converted to one digital display where two times the amount of billboard square footage is permanently removed. Exception – if the billboard owner does not have enough square footage to do this than one digital billboard is allowed.

Minneapolis, Minnesota – has a “Limited Access Roadway Opportunity Billboard District;” only on Interstate 94; can have LED billboards. These billboards must be 2,500 feet from any other LED sign, can change no more than once every 8 seconds. Credits are needed to put up an LED billboard. Credits are earned by removing billboards from other designated areas.

Bloomington, MN – Allows digital billboards where the following are met; image can only change every 20 minutes, must be static, transition or change must be instantaneous, brightness cannot exceed a maximum of 5,000 nits during daylight hours and a maximum of 500 nits between dusk and dawn. They must have an automatic dimmer switch. Audio speakers are not allowed. No flashing, strobe or moving light, not twinkles or anything that creates the illusion of movement.

El Paso, Texas – On July 14, 2009, City Council approved ordinances banning billboards and restricting the number of digital billboards. The ordinances require 16 conventional billboards to be removed for every one digital billboard that is erected. On July 17th, the Mayor vetoed the three ordinances. An attempt to override the veto is expected.

Fort Myers, Florida – New billboards are allowed in certain areas. Digital billboards are allowed because current codes do not address them. They have non-conforming billboards in areas where they are no longer permitted. New regulations regarding digital billboards and signs are currently being drafted and they are considering requiring two billboards to be removed for every one digital billboard erected.

Biloxi, Mississippi - New billboards, both digital and standard, are allowed. Digital billboards have special regulations pertaining to level of illumination and frequency of change.

Daytona Beach, Florida – New billboards are allowed in specified areas and regulations do not address digital billboards.

San Francisco, CA – Banned digital billboards by voter referendum.

Los Angeles, CA – Moratorium on new digital billboards.

Houston, TX – Banned digital billboards.

Galveston, TX – Banned digital billboards.

Austin, TX – Banned digital billboards.

St. Petersburg, FL – Banned digital billboards.

Durham, NC – Banned digital billboards.

St. Louis, MO – Moratorium on new digital billboards.

Atlanta, GA – Banned digital billboards.

Denver, CO – Banned digital billboards.

Maine – Banned digital billboards.