§ 33.01-4. Generally.

(a)

For convenience, some regulations contained in this chapter refer to zoning district designations as set forth in the Zoning Ordinance for the city, although this chapter shall not be construed, nor is it intended to be, a part of the city's Zoning Ordinance.

Placement and physical dimensions of signs are regulated primarily by the length of street frontage and/or length of building frontage.

(b)

This chapter shall regulate signs which are legible from any vehicular public right-of-way. It shall not regulate official traffic or other municipal signs; signs concerning public safety or public hazards; the copy and message of permitted signs; signs not legible from a public right-of-way; window displays of merchandise; point of purchase displays; scoreboards on athletic fields; flags of any nation, government, or noncommercial organizations; gravestones; commemorative plaques; the display of street numbers; signs attached to or displayed on vehicles operated on public streets; or any display or construction not defined herein as a sign.

(c)

Within six hundred sixty (660) feet of the right-of-way of any highway within the City of Newport News classified as a part of the interstate or federal-aid primary highways, no sign shall be erected except in conformance with Title 33.2, Chapter 12, Code of Virginia, entitled, "Outdoor Advertising in Sight of Public Highways." No city sign permit and/or building permit shall be issued until such time as written evidence of state approval is presented to the appropriate city official; and provided further, that all applicable requirements of the sign regulations are met.

(d)

Regulations governing signs permitted in the Hilton Village Historic District are intended to be applied in the context of the special nature of the historic district and consistent with the authority granted to the Hilton Village Architectural Review Board in Article XXVI of the Zoning Ordinance. Signs permitted in the Historic District shall be as otherwise permitted by this chapter, subject to the following conditions:

(1)

Signs that do not require sign permits or require prior review and approval by the Hilton Village Architectural Review Board are as follows:

a.

Those permitted in section 33.01-06(b)(1).

b.

Window signs for commercial/industrial uses, subject to the following conditions:

1.

Such signs shall be displayed only on the ground floor of buildings.

2.

Such signs shall not exceed twenty-five (25) percent of each individual window opening (determined individually and not collectively); provided, however, that each such sign(s) shall not exceed six (6) square feet.

3.

Such signs shall not be illuminated in whole or in part.

4.

Such signs shall be compatible with the Hilton Village architecture as established by the guidelines and standards adopted by the Hilton Village Architectural Review Board.

(2)

Signs subject to prior review and issuance of a certificate of appropriateness by the Hilton Village Architectural Review Board shall be those signs otherwise permitted by this chapter and not regulated by subsection (1) immediately above. Such signs shall be approved by the board where they are found to be compatible with the Hilton Village architecture.

(3)

Placement of freestanding signs within the historic district shall be regulated by the Hilton Village Architectural Review Board in compliance with the current approved design guidelines for the Hilton Village Commercial area.

(e)

Signs permitted in the C3 Regional Business District shall be permitted as outlined in this Chapter, except sign design shall be reviewed and approved as set forth in the Zoning Ordinance Sections 45-2208 and 45-2209.

(f)

Signs permitted in the Lower Jefferson Avenue Urban Corridor Overlay District shall be permitted as outlined in this Chapter and Section 45-3161.1, Signs, of the Zoning Ordinance.

(g)

Signs permitted in the Lee Hall Corridor Overlay District shall be permitted as outlined in this Chapter and Section 45-3168, Signs, of the Zoning Ordinance.

(h)

Signs permitted in the Oyster Point Urban Core Overlay District shall be permitted as outlined in this chapter and pursuant to the Declaration of Protective Covenants and Restrictions for the Oyster Point Urban Core Parcel/Oyster Point Town Center and City Center at Oyster Point Urban Design Guidelines adopted by the Economic Development Authority of the City of Newport News.

(i)

Any and all owners of premises on which a sign or the structure of a former sign is erected or displayed shall have joint and several responsibility for compliance with the provisions of this chapter. (See "owner".)

(j)

In order to determine whether sign copy is legible, the director of codes compliance or his designee shall rely upon the most current edition of the book entitled Street Graphics and the Law by Ewald and Mandelker, published by the American Planning Association.

(k)

For determining compliance with these regulations, the area of a sign is defined as the area of a rectangle, triangle, circle or combinations thereof that will enclose the sign, including background. The area of a sign shall include the spaces between all letters of a word and all words of a name, phrase or message. Supports, braces and other structural elements shall not be included unless they are designed as an integral part of the sign for the purpose of illustration, attraction or unique identification (e.g., a trademark design). Double-faced signs shall be considered a single sign, provided that the faces are parallel or are not separated by an angle greater than fifteen (15) degrees and are part of the same structure. If one face contains a larger sign area than the other, the larger face shall be used in calculating the sign area.

(l)

Canopy sign(s) shall be permitted subject to the following conditions:

(1)

Canopy frontage, whether the canopy is attached to a building or freestanding, shall not be included when computing building frontage for the purpose of determining permitted building sign area for a developed site.

(2)

All or any portion of permitted building sign area not used on a building sign may be used for signs which are displayed on signs either affixed to, supported by, painted on or otherwise made a part of a canopy face.

(3)

Canopy signs shall not extend above or below such canopy face nor exceed in total twenty-five (25) percent of the area of each such canopy face on which such sign(s) is (are) located.

(m)

For the purposes of construing the provisions of this chapter, the term "may" shall be interpreted as being permissive and the term "shall" shall be interpreted as being mandatory. Use of the term "may" shall specifically not be interpreted to limit or eliminate options made available to sign users in this chapter.

(Ord. No. 4308-92; Ord. No. 5125-98; Ord. No. 7494-18)

(Ord. No. 4308-92; Ord. No. 5125-98; Ord. No. 7494-18)