Adams Outdoor Advertising v. City of Newport News
| Decision Date | 18 November 1988 |
| Docket Number | No. 880126,880126 |
| Citation | 236 Va. 370,373 S.E.2d 917 |
| Court | Virginia Supreme Court |
| Parties | ADAMS OUTDOOR ADVERTISING v. CITY OF NEWPORT NEWS, et al. Record |
Hunter W. Sims, Jr. (Stephen E. Noona; Kaufman & Canoles, P.C., Norfolk, on briefs), for appellant.
Leonard A. Wallin, II, Asst. City Atty. (Verbena M. Askew, City Atty., on brief), for appellees.
Present: CARRICO, C.J., COMPTON, STEPHENSON, RUSSELL and THOMAS, JJ., and GORDON and HARMAN, Retired Justices.
The dispositive issue in this appeal is whether an ordinance adopted by the City of Newport News, regulating certain billboards, Chapter 13, Article XV, §§ 13-335 through -344 of the Newport News City Code (the ordinance), unlawfully abridges freedom of speech in violation of the First Amendment to the United States Constitution 1 and Article I, § 12 of the Constitution of Virginia. 2
Adams Outdoor Advertising (Adams) instituted a declaratory judgment proceeding against the City of Newport News and Charles Alexander, Zoning Administrator (collectively, the City), seeking an adjudication that the ordinance is unconstitutional on its face and as applied. Adams also requested that the trial court enjoin enforcement of the ordinance. Adams claimed that the ordinance is unconstitutional because it abridges freedom of speech, constitutes an unlawful exercise of police power, impairs vested rights, and constitutes a taking of and damage to private property for public uses without just compensation. 3
The trial court rejected all Adams' claims, ruled that the ordinance is constitutional, denied Adams any relief, and entered judgment for the City. Adams appeals.
The ordinance in pertinent part provides as follows:
Sec. 13-335. Findings.
It is hereby determined that the number of signs in the city is excessive and unduly distracting to motorists and pedestrians, creates a traffic hazard, and in some places reduces the effectiveness of signs needed to direct the public. It is also determined that the appearance of the city is marred by the excessive number of signs. It is also determined that the number of distracting signs needs to be reduced in order to minimize the aforementioned effects, and that signs of least importance in occupying limited public views to people within the city are those which convey commercial messages other than the advertisement of any product, service, event, person, institution or business located on the premises where the sign is located, or for the sale or rental of such premises. It is also determined that the regulations contained in this Code are the minimum amount of regulation necessary to achieve its purpose.
Sec. 13-336. Definitions.
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Off-Premises Sign: A sign structure advertising an establishment, merchandise, service or entertainment, which is not sold, produced, manufactured or furnished at the property on which said sign is located.
On-Premises Sign: A sign which pertains to the use of the property on which it is located.
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Sign: Any structure, wall or other object used for the display of any message, including but not limited to any device, structure fixture or placard using graphics, symbols and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, goods or services.
....
Sec. 13-338. Exempted signs.
The following signs shall be exempted from the provisions of this article but not the building regulations as contained in this Code, when determined not to be detrimental to the health, safety, and welfare of the public:
(a) Activity signs denoting the revivals or other normal functions of bona fide religious or nonprofit organizations when such signs are:
(1) Located on the site of such organization or activity.
(2) Limited to one (1) sign of not more than thirty-two (32) square feet per lot.
(b) Bulletin boards not exceeding twelve (12) square feet for a church or other place of worship or for a public building, when located on the same premises as the building to which they refer.
(c) Construction signs shall be limited to a maximum area of thirty-two (32) square feet and removed at the completion of said development or construction.
(d) Menu boards which are either freestanding or affixed wall signs designed as an outdoor means to communicate orders for food and beverages contained within the business structure itself, which are not legible from any public right-of-way and which provide on-site information for drive-in service and not additional advertisement; provided that they do not exceed sixteen (16) square feet when located in a front yard or a side yard and twenty-four (24) square feet when located in a rear yard; provided further that there be no more than one (1) menu board per lot.
(e) Noncommercial signs necessary to denoting information pertaining to direction, safety and messages required by law such as building numbers or identification or traffic controls which shall not be measured against permitted sign area. Directional signs of two (2) square feet or less of sign area will not be included in computation of accumulative sign area. Directional signs over two (2) square feet will be computed in the accumulative sign area.
(f) Political signs located on sites which are used for campaign headquarters for political campaigns. All political signs shall be removed within ten (10) days from the date of the election. Upon written application to and approval by the zoning administrator, the period for removal may be extended, for good cause shown, for an additional ten-day period only.
(g) Professional nameplates when attached to buildings and not exceeding two (2) square feet in area.
(h) Public, institutional or religious building identification signs.
(i) Real estate signs advertising the sale or rental of the premises upon which such sign is located provided such signs are limited to an accumulative area of six (6) square feet for residential properties and for commercial and industrial properties having a frontage of less than one hundred (100) square feet; and sixteen (16) square feet for commercial and industrial properties having a frontage of one hundred (100) feet or more. Not more than two (2) such signs shall be located on any one (1) lot.
(j) Real estate open house signs in public rights-of-way located in residential zoning districts only, directing the public to residential units for sale provided:
(1) Such signs do not exceed three (3) square feet in area or be over three (3) feet in height and provided they are displayed in the following manner:
a. No sign may be placed in the median or on an area paved for vehicular or pedestrian traffic.
b. The sign is located only at intersections where a turning movement is indicated c. There may be no more than two (2) signs at any one (1) intersection.
d. Express permission has been obtained from all adjacent property owners.
e. The sign shall be located off the roadway so as not to endanger, impede the flow or interfere with the view of vehicular or pedestrian traffic and shall not be displayed when the house is not open for public viewing.
f. The sign shall only be displayed on Saturdays, Sundays and state and federally observed holidays from sunup to sundown.
g. Copy shall be limited to "Open House" with directional arrow, and a maximum of one (1) square foot to identify the owner of the sign.
(2) Signs displayed in violation of the provisions of this section shall be confiscated by the city.
(3) Persons causing open house signs to be placed on city right-of-way shall provide the city with evidence of a five hundred thousand dollars ($500,000.00) general liability insurance policy with the city named as an additional insured before display of signs may be permitted.
(k) Residential subdivision development signs when erected permanently as markers at the entrance to such residential development and denoting the name of the residential development only.
(l) Special event signs when in the public interest and not hazardous to private property. Such signs shall be displayed no more than thirty (30) days prior to the special event and removed within ten (10) days following the event. Such signs shall be limited to the following events:
(1) Special civic or cultural event such as a fair or exposition, play, concert or other bona fide activity or meeting by a government, charitable or nonprofit organization.
(2) Special decorative displays used for national holidays, public demonstrations or promotion for nonpartisan civic purposes.
(3) Special decorative displays used for purposes of announcing the grand opening or reopening of a new store, business or profession.
(m) Traffic or all other municipal signs, including but not limited to legal notices, railroad crossing signs and temporary emergency signs.
(n) Urban signs addressed by the Newport Centre Urban Design Plan:
(1) Business/office directories which are either freestanding or affixed wall signs and when used in a nonadvertising display to offer information to the pedestrian public and their size is limited to twelve (12) square feet or less.
(2) Projecting signs when located in the DBCW sector and not exceeding two (2) square feet in area.
Sec. 13-339. Prohibited signs.
The following signs shall be prohibited within the city:
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(e) Off-premises signs shall be prohibited with the exceptions set forth below:
(1) Off-premises signs existing as of the adoption of this article [August 14, 1984] and erected pursuant to section 33.1-370 of the Code of Virginia () shall be permitted to remain.
(2) New off-premises signs shall be permitted along Interstate 64 and Interstate 664 only and under these following conditions:
a. Permitted only if the statutory provisions of the Code of Virginia 1950 (as amended), title 33.1, chapter 7, "Outdoor Advertising in Sight of Public Highways," are met.
b. Permitted on...
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