The purpose of the Pembroke Strategic Growth Area (SGA) is to support the transition of lands in the district to a central urban core with a vertical mix of uses, connected, pedestrian-friendly streets, multi-modal transportation options, enhanced open space, sustainable and resilient buildings, and environmental and neighborhood protection.

The purpose of the Western Campus Overlay District is to enhance the economic vitality and walkable character of the Western Campus District of the Pembroke Strategic Growth Area. Overlay District standards encourage redevelopment at a scale that is conducive to pedestrian circulation and is connected and integrated as a relatively compact, low-to-mid-rise transitional area from the large footprint, zero lot line development pattern of the CBC Zoning District. The district supports a wide range of multi-family residential, commercial, civic, institutional, and office uses that complement the economic development activity of the Strategic Growth Area.

(Ord. No. 3742, 6-6-23)

The Pembroke Strategic Growth Area boundaries shall be as designated in Section 1.2 of the Comprehensive Plan.

The Western Campus Overlay District boundaries shall be as designated on the official zoning map of the city.

(Ord. No. 3742, 6-6-23)

The Western Campus Overlay District shall be an opt-in overlay. Any property within the district boundaries may choose to opt into the District in addition to, and not in lieu of, the underlying zoning district classification of such property, such that any property situated in the Western Campus Overlay District shall also lie within one or more of the underlying zoning districts enumerated in section 102(a) of this ordinance. All such property that chooses to opt into the overlay shall be subject to all the requirements of this article as well as to all other regulations applicable to it, and to the extent that any provision of this article conflicts with any other ordinance or regulation, the provision of this article shall control. All uses permitted as principal uses in the underlying zoning districts shall be permitted as principal uses within the Western Campus Overlay District. When any use or development standard is utilized within this article, all applicable provisions of this article shall be in effect.

(Ord. No. 3742, 6-6-23)

(a)

The following chart lists those uses permitted within the Western Campus Overlay District. Uses and structures shall be allowed either as principal uses, indicated by a "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" shall be prohibited. Uses specified herein or as allowed pursuant to subsection (b) shall be permitted in addition to the uses permitted within the underlying zoning district.

(b)

If a proposed use is not expressly permitted pursuant to subsection (a), but is similar to a listed use, the zoning administrator may categorize the proposed use as a use permitted by this section, either as a principal or conditional use. In determining whether a proposed use is similar to a listed use, the zoning administrator shall consider: (1) the actual or projected characteristics of the proposed use in comparison to those of the most similar listed use; and (2) the categorization of the proposed use in the Standard Land Use Coding Manual (First Edition January 1965). Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory use to the dwelling.

(c)

Unless otherwise expressly stated, accessory uses and structures are permitted in conjunction with an allowed principal use. Accessory uses and structures shall be as defined in section 111.

(Ord. No. 3742, 6-6-23)

Uses and structures in the district shall conform to the development standards listed below:

(a)

Lot standards (values expressed in feet unless otherwise indicated):

Notes:

(1)

Where a zoning lot adjoins the side or rear yard of a zoning lot in a residential or apartment district without an intervening street or alley over twenty-five (25) feet in width or a body of water over fifty (50) feet in width, the following minimum setback regulations shall apply on that portion of the zoning lot within one hundred (100) feet of the adjoining residential or apartment district. In cases where more than one (1) of the following apply, the most restrictive shall apply:

a.

For non-residential uses adjacent to a residential district, the minimum setback shall be twenty-five (25) feet. Category IV landscape screening shall be required within the yard area. No other uses or structures shall be permitted in such yards.

b.

For non-residential uses adjacent to any apartment district, the minimum setback shall be ten (10) feet. Category IV landscape screening shall be required within the yard area. No other uses or structures shall be permitted in such yards.

(2)

The build-to zone is the portion of a lot in which at least the first two (2) stories of a building façade facing a street must occupy no less than the percentage, as designated in subsection (b), of the distance between the lot lines abutting the public street faced by the building façade. The build-to requirements shall apply to all building façades facing a public street, not including alleys.

(3)

The parking setback must be met in the designated percentage of the street frontage of any portion of the lot or leased area, as the case may be, adjacent to a public street and applies to surface parking and parking structures (ground story only). Where parking is located on the ground floor on the primary building frontage, it must be screened so that vehicles are not visible. Sloped ramps cannot be located along the perimeter of the structure. Architectural or vegetative screening must be used to articulate the facade, screened from parked vehicles and shield lighting.

Surface parking on corner lots, including vehicular entrances and exits, shall be set back at least fifteen (15) feet from each point of intersection unless a greater setback is required by the conditional use permit.

(4)

Outdoor amenity space is an exterior area of an establishment that: (1) serves as an amenity for occupants of the establishment or members of the public; and (2) consists of areas such as gardens (including roof gardens), landscaping beds or other vegetated and maintained areas, courtyards, fountains, plazas, parks, cafes, or similar areas. Stormwater management facilities may be included within outdoor amenity spaces, but outdoor display areas and areas consisting solely of grass and lacking other components such as trees, landscaping or hardscape improvements shall not be included as outdoor amenity space. Outdoor amenity space shall be maintained in good condition at all times.

(b)

Building form standards (values expressed in feet unless otherwise indicated):

Key to permitted uses within a mixed-use building:

A:

Retail and service.

B:

Office.

C:

Hotel lobby/conference space/accessory uses.

D:

Restaurants.

E:

Recreational, assembly or institutional.

F:

Residential.

G:

Hotel.

H:

Commercial parking structures.

Notes:

1.

Permitted encroachments above the maximum height shall be as set forth in section 202.

2.

Where a zoning lot within any district listed in the table above adjoins the side or rear yard of a zoning lot in a residential or apartment district without an intervening street or alley over twenty-five (25) feet in width or a body of water over fifty (50) feet in width, the following maximum height regulations shall apply on that portion of the zoning lot within one hundred (100) feet of the adjoining residential or apartment district. In cases where more than one (1) of the following apply, the most restrictive shall apply:

a.

When adjacent to residential district, the maximum height shall be thirty-five (35) feet.

b.

When adjacent to A-12 or A-18 Apartment Districts, the maximum height shall be thirty-five (35) feet.

c.

When adjacent to A-24 Apartment District, the maximum height shall be forty-five (45) feet.

d.

When adjacent to A-36 Apartment District, the maximum height shall be fifty (50) feet.

3.

Measured from finished floor to finished floor.

4.

Minimum percentage of street frontage of the lot or leased area occupied by building façade.

5.

Minimum percentage of windows and doors that must cover a ground story façade facing a street, as measured between two (2) and eight (8) feet above the adjacent sidewalk. The minimum percentage of windows and doors that must cover an upper floor façade facing a street is measured from the finished floor to the finished floor above. When there is no floor above, upper story transparency is measured from the top of the finished floor to the top of the wall plate. A minimum of sixty (60) percent of a required entrance must be transparent on a mixed-use or commercial building.

6.

"Blank wall" means a portion of the exterior street-facing façade of the building that does not include a substantial material change (paint color is not considered a substantial change); windows, doors, columns, pilasters, or other articulation greater than twelve (12) inches in depth. The above requirement applies in both a vertical and horizontal direction and to both ground and upper story street-facing facades.

7.

A mixed-use building is a building containing two (2) or more separate uses, one of which consists of residential dwelling units, that are physically and functionally integrated within the same building on one zoning lot.

8.

Residential dwelling units may not occupy more than fifty (50) percent of the total floor area of the ground floor within a mixed-use building.

(c)

Outdoor display and storage. Outdoor display is the outdoor display of merchandise available for sale at an establishment.

(1)

Outdoor display of merchandise is permitted in association with any permitted commercial use in accordance with the following provisions:

a.

Outdoor displays shall be limited to an area within eight (8) feet of a building façade that contains the principal customer entrance for the building and shall not be within any area consisting of outdoor amenity space. Outdoor displays shall occupy no more than thirty (30) percent of the horizontal length of such façade, and the maximum height of any such display shall not exceed six (6) feet;

b.

Outdoor displays shall be removed and placed inside a fully enclosed building at the end of each business day; and

c.

Outdoor displays may not impair the ability of pedestrians to use the sidewalk.

(2)

Outdoor display of liquefied petroleum (LP) gas storage racks, ice storage bins or similar items, soft drink or other vending machines, or items on pallets, shall not be permitted.

(3)

Outdoor storage is the overnight storage, outside of a building, of products or materials, including, without limitation, merchandise, or material in boxes, in crates, on pallets or in shipping containers; vehicles awaiting repair; recreational vehicles and boats; shopping carts; garden or building supplies; shipping containers; lumber, pipe, steel, junk and other similar items.

a.

Outdoor storage shall be allowed only as provided in section 208 or as a condition of a conditional use permit authorizing the use at which outdoor storage occurs.

(d)

Permitted setback encroachments.

(1)

The following encroachments into the area between a building façade and public right-of-way shall be permitted:

a.

Galleries, awnings, porte cocheres, stoops, porches, and balconies;

b.

Outdoor seating and sidewalk cafes;

c.

Outdoor display areas, in accordance with subsection (c);

d.

Signs, as allowed by section 2409;

e.

Street furniture to include, but not limited to, pedestrian oriented trash receptacles not to include dumpsters water features, bicycle racks, scooter corrals, and bollards;

f.

Pedestrian lighting;

g.

Minor structures accessory to utility facilities such as hydrants, manholes, transformers, utility boxes, meters, and fire suppression equipment;

h.

Handicapped ramps to the extent necessary to perform their proper function;

i.

Building eaves, roof overhangs and light shelves, provided there is at least eight (8) feet clearance between the base of the element and the sidewalk;

j.

Cornices, belt courses, sills, buttresses, or other similar architectural features, provided there is at least eight (8) feet in clearance between the base of the element and the sidewalk;

k.

Bay windows, oriels, vestibules that are less than ten (10) feet wide may encroach up to four (4) feet, provided that such an extension is at least two (2) feet from the vertical plane of the lot line;

l.

Chimneys, flues, or green walls may encroach up to two (2) feet, provided that such encroachment is at least two (2) feet from the vertical plane of the lot line;

m.

Outdoor amenity space components, bioretention features, rain gardens, publicly accessible plazas/gardens/parks, plant material, landscaping, sidewalks, trees, tree wells, and planters;

n.

Sculptures and other public art, in accordance with the provisions of section 2207;

o.

Permitted access drives;

p.

Publicly accessible multi-use paths;

q.

Walls or fences not more than four (4) feet in height; provided, however, that walls or fences providing required screening or used to screen mechanical or similar equipment shall not exceed eight (8) feet in height;

r.

Subgrade foundations;

s.

Encroachments approved for conditional uses allowed by section 2403 if specified in the conditional use permit.

(2)

Encroachments into or over public streets, sidewalks or other public property shall be permitted in accordance with article VI of chapter 33 of the City Code, except as otherwise provided in this article. All encroaching structures and signs shall conform to the applicable Central Business Core District Design Guidelines.

(Ord. No. 3742, 6-6-23; Ord. No. 3829, 9-16-25)

(1)

Optional forms of development are design alternatives that may be used in place of the specific requirements prescribed by this article if the applicable conditions set forth in this section are met. The goal of optional forms of development are to provide design incentives for generally, such conditions include: (1) usage of a form of development or amenity that is different from the specific development standard prescribed by this article, where the different form or amenity serves the same or a closely related purpose or purposes as the prescribed development standard; and (2) substantial conformity to applicable provisions of the Central Business Core District Design Guidelines.

(2)

The requirements of this article may be satisfied by compliance with either the prescribed development standard set forth in section 2404 or the provisions of this section, as applicable. The provisions of this section are intended to encourage creativity by providing a flexible development option that will achieve the goals and objectives of this article equally well as compliance with the specific development standards set forth in section 2404.

(3)

The following provisions set forth the purposes of the development standards prescribed in section 2404 and the optional means of fulfilling those purposes using alternative design and building features:

(a)

Build-to zone. Optional form of development:

1.

The building façade shall be located no more than thirty (30) feet from the lot line faced by such building façade.

2.

Provide outdoor amenity space located adjacent to the street and encompassing substantially the entire area between the street and the building façade along at least seventy (70) percent of the street frontage of the lot or leased area.

3.

Outdoor amenity space may consist of an outdoor café, swimming pool, courtyard, fountain, park, plaza, garden or similar area, or a combination thereof. No vehicular parking shall be allowed anywhere within outdoor amenity space or between the outdoor amenity space and the building facade.

4.

The building façade shall substantially conform to the applicable Central Business Core District Design Guidelines.

5.

Where a driveway prevents the use of outdoor amenity space in a location specified by this section, such outdoor amenity space may be placed elsewhere on the lot in such location as will sufficiently activate the street frontage to the extent contemplated by this section.

(b)

Parking Setbacks. Optional form of development: Enliven the street frontage and screen the parking area by the creative use of public art, plant material and landscaping, water features, or other pedestrian amenities that provide visual interest. For structured parking, maintain continuity of the sidewalk by minimizing the number and width of curb cuts for driveways. Where alleys do not exist, concentrate curb cuts at side streets or mid-block. The optional form of development shall substantially conform to applicable Central Business Core District Design Guidelines. In no case shall parking be less than ten (10) feet from any right-of-way.

(c)

Height. Optional form of development: An increase in height not more than seventy-five (75) feet in total, not exceeding that permitted by section 202(b) or reduction in the minimum height to no less then twenty-two (22) feet is permitted for any building that substantially conforms to Chapter 3 (Buildings) of the Central Business Core District Design Guidelines.

(d)

Transparency/Blank Wall. Optional form of development: Provide outdoor amenity space, such as a courtyard, outdoor café, or water feature, adjacent to the street, or, for upper stories, balconies, and galleries. Enhance materials and architectural detail on building facades in substantial conformity with applicable Central Business Core District Design Guidelines. Outdoor amenity space shall be in reasonable proportion to the degree of difference between the prescribed transparency requirements and the actual transparency provided.

(e)

Reduced Parking. Optional Form of Development:

1.

The optional form of development shall substantially conform to applicable Central Business Core District Design Guidelines.

2.

For multi-family residential uses, the minimum parking requirement may be reduced to 1.6 spaces per dwelling unit.

3.

For nonresidential uses, the minimum required parking may be reduced in accordance with section 203(b)(11) of the City Zoning Ordinance.

(Ord. No. 3742, 6-6-23)

(a)

Notwithstanding the provisions of section 105(d), additions to or substantial alterations of any building or other structure rendered nonconforming by the adoption of this article shall be allowed if:

(1)

Not more than fifty (50) percent of the original building or structure is demolished to accomplish the addition or substantial alteration;

(2)

The exterior footprint of the building or structure, including the floor plate of upper stories, is not increased by more than fifteen (15) percent;

(3)

The height of such building or structure is not increased by more than fifteen (15) percent in any district in which there is a maximum height limitation; provided, that no structure shall be higher than otherwise allowed by section 202;

(4)

The building or structure, as added to or substantially altered, will be compatible with surrounding properties and neighborhoods;

(5)

The portions of the building or structure that are added or substantially altered substantially conform to the Central Business Core District Design Guidelines, as determined by the Planning Director; and

(6)

Any enlargement or substantial alteration of such building shall be subject to the provisions of this section.

(b)

Any nonconforming building or structure that is involuntarily damaged or destroyed may be reconstructed or restored to its prior condition and location within two (2) years of its being damaged or destroyed; provided that any enlargement or substantial alteration of such building shall be subject to the provisions of this section.

(Ord. No. 3742, 6-6-23)

(a)

For purposes of this section, the term "parking requirements" shall mean the number of off-street vehicular parking spaces required by this section.

(b)

Off-street parking requirements shall be in accordance with section 203.

(c)

Off-street loading requirements shall be in accordance with section 204.

(d)

The number of parking spaces shall not exceed one hundred ten (110) percent of the minimum parking requirements.

(e)

Landscaping screening and buffering requirements shall be in accordance with article 2 section G.

(f)

Off-street parking shall not be located between the right-of-way and the street-facing façade of the primary building.

(g)

Where shared parking arrangements are proposed, the zoning administrator shall determine the number of parking spaces that may be shared based on a shared parking feasibility study prepared by a license professional engineer or other qualified professional. The study shall:

(1)

Identify the properties and uses for the study;

(2)

Determine the number of parking spaces that would be required by applying the standard for the uses for all the properties in subparagraph (g)(1), above;

(3)

Determine the peak parking demand for the combined demand of all the uses for all the properties in subparagraph (g)(1), above, using standard parking generation rates in sources approved by the zoning administrator; and

(4)

Compare the results of subparagraphs (g)(2) and (g)(3), above. If the zoning administrator finds that the shared parking feasibility study is consistent with the guidelines promulgated pursuant to paragraph (g) above, the zoning administrator shall use the lesser of the two parking demands calculated in subparagraph (g)(4), above, as the minimum number of parking spaces to be provided for all the properties and uses in the study. If standard parking generation rates for any of these uses in the study are not available, the applicant may collect data at similar sites to establish local parking demand rates. If the shared parking feasibility study assumes use of an existing parking accumulation.

(h)

To the extent possible, pedestrian walkways shall be provided from the off-street parking to the building and right-of-way.

(i)

Off-street parking and loading areas shall be arranged and designed for convenient and safe access for pedestrians from the off-street parking spaces to the entrance to buildings on the site.

(j)

Off-street parking areas shall be arranged so no parking or maneuvering incidental to parking shall occur on a public street or sidewalk.

(k)

Bicycle parking shall meet the "Good Bicycle Parking Design" Addendum of the Virginia Beach Landscaping Guide.

(l)

Notwithstanding anything in this appendix to the contrary, required off-street parking for any use located within the district may be made available for use by the public as well as by the customers or patrons of such use.

(m)

Parking requirements for uses within the district may be satisfied by anyone, or a combination of, the following:

(1)

On-site parking;

(2)

Off-site parking facilities, as set forth in section 901 of this appendix; or

(3)

Public parking, if the planning director determines: (i) that there are at least enough public parking spaces located within the district to meet public parking demands; and (ii) that the use of such public parking spaces to satisfy the parking requirements of the proposed use, either wholly or partially, is warranted in light of the following considerations:

i)

The extent to which the proposed use advances the goals and objectives of this article; and

ii)

The extent to which the proposed use conforms to the Urban Design Plan component of the Pembroke Strategic Growth Area Plan.

(Ord. No. 3742, 6-6-23)

(a)

Intent. The intent of the sign regulations set forth in this section is to:

(1)

Encourage signage that enhances the overall aesthetics of the Pembroke Strategic Growth Area;

(2)

Ensure that the public benefits derived from past and future expenditures of public funds for the infrastructure improvements and beautification of the streets and public spaces are protected by preventing visual clutter caused by excessive or poorly placed signage;

(3)

Encourage signage that is reflective of the aesthetics and character of its location and compatible with, and integrated into, the building's architectural design and with other signs on the property;

(4)

Provide incentives for high-quality signage by increasing signage allowances for signs that conform to the Central Business Core District Design Guidelines; and

(5)

Encourage creativity by providing flexibility to utilize signage not only as a means of identifying a business establishment but as a decorative feature to enhance the appearance of a building as well.

(b)

Findings. The city council finds that:

(1)

Signs have a strong visual impact on the character and quality of a community. They are an integral part of the cityscape and, as such, can enhance or detract from the city's image and character. As a prominent part of the cityscape, they can attract or repel the viewer and affect the safety of vehicular traffic, and their suitability helps to define the way in which a community is perceived. Because the City of Virginia Beach relies on the attractiveness of the town center area to attract tourists and commerce, aesthetic considerations are directly related to economic value. Apart from economic considerations, however, there are intangible benefits for a community in which signage is orderly and attractive;

(2)

The city's current sign regulations address characteristics such as the size and number of signs, but generally do not address other characteristics, such as design, that are equally important in promoting an attractive, urban downtown area.

(3)

Design standards for signage are used in many other localities that are known for their attractiveness and appeal to residents and visitors alike, and have been well-accepted by both businesses and the public as a means of enhancing the overall appearance and prosperity of the community; and

(4)

Providing incentives for businesses to display signage that conforms to voluntary design guidelines is an appropriate means of encouraging those businesses to use well-designed, highly attractive signs that harmonize with the buildings on which they are displayed, the surrounding neighborhood, and other signage in the area.

(c)

Establishment of special sign district. The Pembroke Strategic Growth Area is hereby declared a special sign district, in which the provisions of this section apply.

(Ord. No. 3742, 6-6-23)

The following regulations shall apply to all signage within the Pembroke Strategic Growth Area. All signage shall comply with the provisions of Article 2, Part B of the City Zoning Ordinance, except as otherwise expressly provided in this section. Definitions of sign types shall be as set forth in section 210.2. In the event of a conflict between the provisions of this section and any other provision of the city zoning ordinance, the provisions of this section shall apply.

(a)

Permitted signs. The following signs shall be permitted within the Pembroke Strategic Growth Area:

(1)

Awning signs shall be limited to one (1) sign per awning and shall not exceed a maximum of two (2) square feet in area; provided, however, that an establishment with no wall signs may apply its wall signage allowance, if any, to one (1) awning, in addition to the maximum two-square-foot signs permitted on the remaining awnings. In such cases, the awning and sign must conform to the Central Business Core District Design Guidelines. Awning signs shall not be internally illuminated. Awnings shall not horizontally extend more than three (3) feet over the public street, sidewalk, or other public property or from the building façade and shall have a minimum vertical clearance of eight (8) feet above ground level.

(2)

Banner signs other than those allowed in connection with major entertainment venues shall be permitted on buildings no less than thirty-two (32) feet in height and must conform to the Central Business Core District Design Guidelines. Banner signs shall not be internally illuminated. Banners shall have a minimum vertical clearance of fifteen (15) feet above ground level, shall not horizontally extend more than five (5) feet over the public street, sidewalk, or other public property or from the building façade, and shall not extend above the top of the building façade. Banners shall be securely mounted by means of mounting hardware perpendicularly to a vertical building wall.

(3)

Building crown signs. In addition to other signage allowed by this section, buildings no less than thirty-two (32) feet in height may have a maximum of two (2) building crown signs. Buildings no less than fifty-two (52) feet in height may have a maximum of four (4) building crown signs, provided they conform to the Central Business Core District Design Guidelines. Building crown signs shall not exceed the area set forth below, nor shall more than one such sign be placed on each building façade. Such signs shall be mounted at least three-fourths (¾) of the distance from ground level to the top of the building façade, but no higher than the top of the building façade. No such sign shall horizontally extend into the public street, sidewalk, or other public property or from the building façade more than the amount listed below:

(4)

Canopy signs shall be limited to one (1) sign per canopy and shall not exceed a maximum of two (2) square feet in area; provided, however, that an establishment with no wall signs may apply its wall signage allowance, if any, to one (1) canopy, in addition to the maximum two square-foot signs permitted on the remaining canopies. In such cases, the canopy and sign must conform to the Central Business Core District Design Guidelines. No canopy sign shall exceed two (2) feet in height or one (1) foot in depth. No canopy sign shall extend outside of the width of the canopy on which it is located. Canopies shall not horizontally extend more than three (3) feet over the public street, sidewalk, or other public property or from the building and shall have a minimum vertical clearance of eight (8) feet.

(5)

Freestanding signs shall be allowed only by special exception for alternative compliance pursuant to section 2205.

(6)

Hanging signs shall be limited to one (1) sign for each building façade occupied by a ground story establishment and shall not exceed nine (9) square feet in area. Such signs shall have a maximum of two (2) faces, which shall be parallel to each other. No establishment having a hanging sign shall also have a projecting sign on the same building façade. No hanging sign shall be internally illuminated. Hanging signs shall not horizontally extend more than three (3) feet over the public street, sidewalk, or other public property or from the building façade and shall maintain a minimum vertical clearance of eight (8) feet above ground level.

(7)

Information board signs shall be placed within a weather-resistant closed display cabinet permanently mounted to the building façade and extending no more than six (6) inches over the public street, sidewalk, or other public property or from the building façade. The maximum height of the lettering on such signs shall not exceed two (2) inches.

(8)

Major entertainment venue signs shall be permitted in accordance with the provisions of section 218.

(9)

Marquee signs shall be allowed only on buildings occupied by theaters, cinemas, performing arts facilities or similar venues, and shall conform to the Central Business Core District Design Guidelines. The top of such signs shall be at a height no greater than eighteen (18) feet above ground level, and the marquee shall have a minimum vertical clearance of nine (9) feet above ground level. In addition, such signs may contain changeable copy as permitted by subsection (b)(7). Marquee signs may encroach over a public street, sidewalk, or other public property by a maximum horizontal distance of ten (10) feet.

(10)

Projecting or blade signs shall be limited to one (1) sign for each building façade occupied by a ground story establishment. Such signs shall have a maximum of two (2) faces, which shall be parallel to each other, and no establishment having a projecting sign shall also have a hanging sign on the same building façade. Projecting signs shall not be internally illuminated and shall not exceed nine (9) square feet per face in sign area or horizontally extend more than three (3) feet over the public street, sidewalk or other public property or from the building façade, provided, however, that an establishment with no wall sign may apply its wall signage allowance, if any, to one (1) projecting sign, if it conforms to the Central Business Core District Design Guidelines. All projecting signs shall maintain a minimum vertical clearance of eight (8) feet above ground level.

(11)

Sandwich board, A-frame or other signs placed on the sidewalk shall be made primarily of wood, wood composite or metal and have a professional finish. Incorporated inserts must contain a fixed message or be made of chalkboard, dry eraser board, or similar material. Such signs shall be placed directly in front of the façade of the building in which the establishment that is associated with the sign is located, and a horizontal clearance of at least eight (8) feet shall be maintained on public sidewalks. Such signs shall not be illuminated or left out overnight. A maximum of one (1) such sign, not to exceed six (6) square feet per side, shall be permitted per establishment. No merchandise or other material shall be placed on or hang from any such sign. Sidewalk signs other than sandwich board, A-frame style (not hinged at the top) are permitted if they conform to the Central Business Core District Design Guidelines.

(12)

Table umbrella signs shall be limited to no more than two (2) signs on each umbrella and no more than two (2) square feet per sign.

(13)

Wall signs shall not exceed sixty (60) square feet or one (1) square foot per linear foot of building frontage. Establishments located on the ground, or second story shall be permitted one (1) such sign on each building façade occupied by the establishment. No wall sign shall extend above the building façade or horizontally extend more than twelve (12) inches over the public street, sidewalk, or other public property or from the building façade.

(14)

Window signs shall not exceed, in the aggregate, ten (10) percent of the total area of the windows in which they are located; provided, however, that an establishment with no wall signs may apply its wall sign allowance to any window. In such cases, window signs must conform to the Central Business Core District Design Guidelines. Window signs shall not consist of or contain oscillating lights, electronic displays, televisions, or computer monitors. Neon or similar types of signs not to exceed the area specified above shall be permitted if such signs conform to the Central Business Core District Design Guidelines.

(b)

Special regulations.

(1)

Unless otherwise provided, the regulations set forth in this section apply to each separate establishment.

(2)

In the event of a conflict between any of the following provisions and the provisions of subsection (a), the provisions of this subsection control unless stated otherwise.

(3)

All signs that encroach into or over a public street, sidewalk, or other public property shall conform to the Central Business Core District Design Guidelines unless otherwise authorized by resolution of the city council pursuant to article VI of chapter 33 of the City Code.

(4)

Except as expressly allowed, no sign shall be located above the second story of any building.

(5)

Except as expressly allowed, all signs shall be located on that portion of a building wall occupied exclusively by the establishment that is associated with the sign.

(6)

Cabinet or box signs, either standing alone or as a component of a sign, shall not be allowed.

(7)

Changeable copy shall only be allowed as part of a marquee sign, where the changeable copy portion of such signs is not greater than forty (40) percent of the total area of the marquee sign. Skewed or missing lettering shall be promptly replaced.

(8)

Electronic displays shall be allowed only for major entertainment venues and shall require the approval of the city council as specified in section 218.

(9)

Neon signs shall not oscillate, blink, or flash and shall only be allowed in windows as specified in subsection (a)(17).

(10)

Parking structures and parking garages, public or private, may have one (1) wall sign and one (1) projecting sign per pedestrian or vehicle entrance. The maximum sign area for such wall signs shall not exceed one foot per linear foot of the width of the entrance. The maximum area for projecting signs shall not exceed sixty (60) square feet and shall not horizontally extend more than six (6) feet over the public street, sidewalk, or other public property or from the building façade. Projecting signs on parking structures may be internally illuminated. Wall or projecting signs at pedestrian entrances shall be located at ground floor height. In addition to wall and projecting signs, parking structures no less than thirty-two (32) feet in height shall also have no more than two (2) building crown signs. Unless otherwise specified, no signs on parking structures or garages shall exceed the dimensions specified in section 2210(a).

Where a building is located on a zoning lot with a parking structure that is used to satisfy, in whole or in part, the vehicular parking requirements of the building, such building may have, in addition to other signage permitted by this section, one (1) wall sign, which shall be located on the parking structure serving the building and which may be located above the second story of the structure. Such sign shall have an area no greater than one (1) square foot of signage per linear foot of the building wall of the parking structure on which the sign is located, not to exceed sixty (60) square feet.

(11)

Temporary signs located on property for sale, lease or rent shall not exceed sixteen (16) square feet in area. Not more than one (1) such sign is permitted for each building frontage; provided, however, that leasable spaces with a building frontage one hundred (100) feet or greater in width shall be permitted a maximum of two (2) such signs. Properties with no buildings shall be subject to the regulations of the B-3 Central Business District pursuant to section 905(c).

(Ord. No. 3742, 6-6-23)