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HomeMy WebLinkAbout3/7/2019 - Regular TOWN OF VINTON 311 S. POLLARD STREET VINTON, VIRGINIA 24179 PHONE: (540) 983-0605 FAX: (540) 983-0621 ANITA MCMILLAN EMAIL: amcmillan@vintonva.gov PLANNING AND ZONING DIRECTOR February 21, 2019 TO: VINTON PLANNING COMMISSION Mr. Keith Liles, Chairman Mr. David “Dave” Jones, Vice-Chairman Mr. Robert “Bob” Benninger Mr. William “Bill” Booth Mr. Robert “Bob” Patterson RE: Planning Commission Dinner and Work Session Thursday, March 7, 2019 A work session of the Planning Commission to discuss certain components of the zoning ordinance amendment will be held on Thursday, March 7, 2019, at 6:00 p.m. shortly after dinner, which will be served at 5:30 p.m. The dinner and work session will be held in the Administration Conference Room. Please see the enclosed agenda and supporting materials for the meeting. Please review all the materials prior to the meeting and be ready to discuss them at the work session. Please let me know if you are UNABLE to attend the meeting on March 7th as soon as possible by emailing me at amcmillan@vintonva.gov or calling me at (540) 983-0605. Thank you. Sincerely, Anita J. McMillan Planning and Zoning Director Enclosures c: Barry Thompson, Town Manager Nathan McClung, Principal Planner AGENDA MARCH 7, 2019 DINNER: 5:30 P.M. ADMINISTRATION CONFERENCE ROOM WORK SESSION: 6:00 P.M. COUNCIL CHAMBERS I.Call to Order—Roll Call II.Zoning Amendment Topics for Discussion: 1.Accessory Dwelling Units a.Review attached ADU Memorandum b.Review consultant’s recommendations in Vinton Zoning Revisions Framework Document 2.Signage Ordinance Revisions a.Review attached ordinance revisions draft 3.RB Setback Changes a.Review consultant’s recommendations in Vinton Zoning Revisions Framework Document b.Review attached RB Setback Memorandum 4.Lot Coverage Requirements a.Review attached Lot Coverage Memorandum b.Discuss whether or not we want to pursue lot coverage requirements c.If lot coverage requirements are implemented, consider whether accessory structures should be included in this calculation 5.Parking Requirements a.Watch YouTube video: https://www.youtube.com/watch?v=Akm7ik-H_7U b.Review consultant’s recommendations in Vinton Zoning Revisions Framework Document 6.Short-term Rentals a.Discuss description of what a short-term rental means and the impact on localities b.Keep it on the table for future meetings III.Comments of Planning Commissioners and Planning Staff IV.Adjournment Town of Vinton PLANNING COMMISSION Vinton Municipal Building 311 S. Pollard Street Vinton, VA 24179 Phone (540) 983-0605 Fax (540) 983-0621 Mr. Keith Liles, Chairman Mr. David “Dave” Jones, Vice-Chairman Mr. Robert “Bob” Benninger Mr. William “Bill” Booth Mr. Robert “Bob” Patterson 1 Memorandum To: Town of Vinton Planning Commission From: Town of Vinton Planning and Zoning Department Date: January 28, 2019 Re: Special Uses and Parking Committee Topic #1: Accessory Dwelling Units (ADUs) Accessory Dwelling Units (ADUs) are independent housing units created within single-family homes or on their lots. The names ascribed to these units come in different forms and have popularly been called mother-in-law suites, accessory apartments, garden cottages, granny flats, and over a dozen other names.1 In addition to the variability of their names, these units located on the same lot as the principal single-family dwelling may take the form of an apartment over a garage, a tiny house (on a foundation) in the rear yard, or a basement apartment. Appendix 1 includes images that give reputable examples for each of these categories. The potential benefits of ADUs includes giving elderly populations the capability to age-in-place, potential secondary income resources from homeowners, and long-term cost savings for public utilities through limiting greater suburban sprawl. This report will cover various land use regulations and development standards to research when developing a local ADU ordinance that is tailored to meet the needs specific to our community. Owner Occupancy Requirements The first regulation to investigate when developing an ordinance for an ADU is whether or not the property owner will need to reside on the premises for the entirety or only a portion of the calendar year. Potential benefits of requiring owner to occupy the property at all times is that it incentivizes greater maintenance standards and corrects behavior patterns that could be detrimental to a neighborhood. The main motive behind requirements concerning occupancy is rooted in whether or not these units should be treated as a reasonable means for someone to accumulate secondary income and potentially allow family members to reside in their home, or solely a potential investment venture. Off-Street Parking Requirements With more individuals living on a property, it is inevitable that more parking will be required to accommodate for these new tenants. Depending on which zoning districts that ADUs are allowed to exist within, parking requirements would either need to be strictly enforced or be more lax. Most localities that allow ADUs only require one (1) additional parking space, especially if the 1 https://accessorydwellings.org/what-adus-are-and-why-people-build-them/ 2 same requirement exists for the principal dwelling unit. The consultant’s recommendation to require one additional unobstructed parking space is also important in relation to public safety by allowing for a safe form of vehicular egress. It also limits congestion by reducing the number of vehicles utilizing on-street parking in a specific neighborhood. Apartment Size Requirements The two measurements related to the overall size requirements of an ADU include both minimum and maximum square footage. The overall square footage can also be restricted in the form of a percentage of the gross floor area of the principal dwelling. In 2000, the Public Policy Institute research group of AARP surveyed over 1,600 planning agencies and consultants to develop a model ordinance and standards for ADUs. In their report, they found that a common minimum size requirement for an ADU is 300 square feet; a frequent maximum on number of bedrooms is two (2); and the maximum size is in the range of 600 to 1,200 square feet, with 800 square feet occurring most often as a maximum size.2 A good knowledge of the locality’s housing stock will allow the Planning Commission to develop minimum and maximum standards that are reasonable for providing adequate living standards while preserving the character of a neighborhood. Familial Restrictions By 2035, older individuals are projected to outnumber children for the first time in U.S. history.3 Given this statistic and the rising costs of retirement communities and assisted-living facilities, the concept of aging-in-place is becoming a more popular and cost effective option for many of our nation’s elderly populations. In addition to the factor of age, there are countless reasons why families may want to reside on the same property including economic situations, cultural elements, physical and mental disabilities, etc. ADU ordinances differ when it comes to these provisions with some requiring the occupant of the ADU be a family member or caregiver and others having limited or no restrictions in this area. An important factor relating to this restriction includes the ability to rent out these dwellings which can be extremely prohibited in the case of restricting occupants to solely family members. The Town Code’s definition of “family” would also need to be reviewed if this restriction is to be placed within the Zoning Ordinance. If it is decided that familial restrictions are not necessary for these units and property owners are fully capable of renting them on their own terms, the issue of homestay operations must be reviewed which will be further expanded upon in an accompanying memorandum. 2 https://www.aarp.org/livable-communities/housing/info-2015/accessory-dwelling-units-model-ordinance.html 3 https://www.census.gov/newsroom/press-releases/2018/cb18-41-population-projections.html 3 Zoning Districts and Special Use Permits The consultant’s recommendation of allowing ADUs in the R-2 district was qualified with a number of benefits including supporting downtown businesses through new development potential, and the process of allowing additional income through rent to expand the range of housing types available in town. However, during the final UDA meeting in December 2018, various questions were raised as to why these units would not be allowed in other residential zoning districts. A minimal provision of a majority of zoning ordinances includes ADUs being allowed to exist in zoning districts designed primarily to permit single-family dwellings on individual lots. Under the zoning heading of the comparative diagram in Appendix 2, it is shown that most localities allow ADUs in multiple zoning districts that are characterized by single- family dwellings. The consultant’s recommendation also poses the questions concerning whether or not these ADUs should be allowed by-right or through the special use permitting process. For example, the City of Roanoke requires a special exception for ADUs to exist in most of their residential zoning districts which is authorized by the Board of Zoning Appeals. If these units are not allowed by-right, then the Commission will need to consider the time and resources required to accommodate for the proposal of these developments, and determine which type of special use, special exception, and/or annual permit process to be utilized. Concluding Remarks Accessory dwelling units will continue to become popularized in communities across the nation given the aging population and the financial constraints individuals and families are facing. Many factors surround the zoning and development standards necessary for ADUs which can be tweaked and tailored to meet the unique needs of a community. For example, the higher rates renter-occupied units within the Town of Vinton may require restrictions that disallow for this alternative form of leasing. However, it may also incentivize new ranges of housing types located within the town and reduce the long-term demands of public water and sewer projects by reducing suburban sprawl. The consultant’s recommendation provides a foundational model that we can utilize when crafting the final standards of these dwelling units. 4 Appendix 1 Accessory Apartment Over the Garage Detached Small House in Backyard 5 Accessory Apartment in Basement Photo Credits: Image #1 and #3: accessorydwellings.org Image #2: cityofestacada.org 6 Appendix 2 Accessory Dwelling Unit Research Comparative Diagram Locality Owner Occupancy Required Off-Street Parking Required Apartment Size Required Familial Restrictions Zoning Special Use Permit? Ability to Rent? Other Consultant Recommendation X X 500 square feet, or 25% of principal dwelling, whichever is less. No R-2 X Yes See Recommendations Blacksburg X 800 square feet maximum No RR-1, RR-2, and R-4 Yes, but not for homestay purposes Annual Permit Renewal; deed restriction requirement Christiansburg X X None Yes, family member or caregiver N/A 16’ x 18’ parking area requirement City of Roanoke 800 square feet or 80% of the gross floor area of a principal use No Districts allowing single- family residences X, except in RM- 2 and INPUD Districts Yes Same utility connections. Allowed by special exception in most districts. City of Salem X No more than 40 percent of the floor area of the principal dwelling. Not less than 300 square feet or more than 1,000 square feet of floor area. Yes Districts allowing single- family residences Same utility connections. Benchmark Reference Material Topics Include: Topic #1: Add Accessory Dwelling Units as a Special Use (subject to a Special Use Permit). Consultant Recommendation  Allow ADUs in R-2 District with strict standards specified in the ordinance.  Subject to a Special Use Permit Town of Blacksburg  Allow ADUs in RR-1, RR-2, and R-4 with strict standards specified in the ordinance.  No special use permit is required however the permit is renewed annuall y  A deed restriction is required to be recorded to establish an accessory apartment.  Accessory apartments are subject to the installation of universal design features based on the type of improvements proposed for the apartments. Town of Christiansburg  An accessory apartment shall only be considered accessory to a detached single family dwelling  Must be attached to the home or located in a garage (attached or unattached)  Can only be used by a family member or caregiver  Must provide required off-street parking for the accessory unit. City of Roanoke  An accessory apartment shall be located in a building that is accessory to, and is located on the same lot as, a single-family detached dwelling  Allowed by-right with a few regulations related to the floor area and utility setup. City of Salem  An accessory apartment shall only be considered accessory to a detached single family dwelling  Allowed by-right with similar regulations to the City of Roanoke Topic #2: Short Term Rental/ Homestay Regulations (e.g. AirBnb) Consultant Recommendation N/A Town of Blacksburg  “As of January 1, 2017, this type of rental activity is allowed in the Town of Blacksburg subject to standards adopted by Town Council. To qualify, you must (i) be the property owner and (ii) live in the home you plan to rent. There are other requirements related to the number of times you may rent your home in a year, host and guest information, and guest safety standards. Lodging taxes must be paid for this type of rental.”  Incredibly strict rules and regulations  Lodging Tax Required and Collected Town of Christiansburg  In progress of developing an ordinance  9% lodging tax collection City of Roanoke  Special Exception application process by the Board of Zoning Appeals  Homes in purely residential areas need approval from the City.  Changes made to the exterior of the building occupied by the homestay shall maintain the residential character of the building.  The homestay shall have no more than two (2) bedrooms for guests and shall accommodate no more than four (4) total guests.  Rooms shall be rented only on a daily or weekly basis. Stays shall not exceed fourteen (14) days.  The owner or leaseholder shall also occupy the dwelling unit during guest stays. City of Salem  No zoning ordinance is existence prohibiting them  Allowed but must pay an annual license tax Topic #3: Add provisions in the GB District that large retail uses (over 30,000 s.f.) would require a Special Use Permit. Consultant Recommendation  Add provisions in the GB District that large retail uses (over 30,000 s.f.) would require a Special Use Permit. Town of Blacksburg  Special Use Required  “Retail sales uses, including those uses classified more specifically by these use type classifications, located in one (1) structure in excess of fifty thousand (50,000) square feet gross floor area, whether on a single lot or contiguous lots owned or operated as associated, integrated or cooperative business enterprises.” Town of Christiansburg  No special use permit required City of Roanoke  No maximum building footprint  Maximum FAR of 5.0 City of Salem  No maximum building footprint regulations Topic #4: Add provisions in the CB District that large retail uses (over 30,000 s.f.) would require a Special Use Permit (same provision as in GB District, above). Consultant Recommendation  Add provisions in the CB District that large retail uses (over 30,000 s.f.) would require a Special Use Permit (same provision as in GB District, above). Town of Blacksburg  Retail over 50,000 not allowed in the Downtown Commercial District Town of Christiansburg  No special use permit required City of Roanoke  No maximum building footprint  Maximum FAR of 15.0 City of Salem  No maximum building footprint regulations Topic #5: Off-Street Parking Requirements Consultant Recommendation Section 5-30, that deals with Off-Street Parking should be selectively revised to modernize and update the parking standards. Outdated ways of calculating parking by number of employees or number of seats, for example, should be replaced by more universal parking requirements by square footage. These standards have been modified in the chart below. In addition, a maximum parking standard has been added for some uses. Existence of Maximum Percentage? Y/N Town of Blacksburg Y Town of Christiansburg N City of Roanoke Y City of Salem N 1 DIVISION 7. - SIGN REGULATIONS DRAFT OF REVISIONS Footnotes: --- (8) --- Editor's note— Ord. No. 887, adopted June 16, 2009, amended division 7 in its entirety to read as herein set out. Former division 7, §§ 5-41—5-56, pertained to similar subject matter, and derived from Ord. No. 754, adopted August 21, 2001; Ord. No. 789, adopted August 19, 2003; and Ord. No. 845, adopted February 20, 2007. Sec. 5-41. - Purpose, applicability and definitions. (a) Purpose. The purpose of this division is to provide comprehensive sign regulations, which will promote and carry out the following objectives of the town: (1) To regulate the type, placement, and size of signs and other graphic devices within the town; (2) To ensure equity in the distribution of the privilege of using the public environment to communicate private information; (3) To emphasize assets of community appearance and high environmental quality in promoting business, industry and economic development; (4) To promote the public health, safety, and welfare of the public by prohibiting improperly designed or located signs which could distract, confuse, mislead, obstruct vision or create traffic hazards or other hazards to the community; (5) To protect property values by improving the quality of the environment; (6) To promote the economic growth of the town by creating a community image that is conducive to attracting new business and industrial development; (7) To permit reasonable legibility and effectiveness of signs and to prevent their overconcentration, improper placement and excessive height, bulk, density, and area; and (8) To provide for the reasonable advertising of business and civic products and services, with recognition of the effects of signage on the character of the community. (b) Applicability. The regulations contained in this division shall be applicable to signs in all districts. No sign shall be erected, constructed, installed or attached except in conformity with all of the provisions set forth in this division for the particular sign in the district in which it is located. (c) Definitions. Definitions of a sign, the various types of signs and the method of measuring the area of signs. (1) Sign. A presentation of letters, numbers, figures, pictures, emblems, insignia, lines of colors, or any combination thereof which can be viewed from a public right-of-way, private road or another property, and which is displayed for the purpose of information, direction or identification or to advertise or promote a business, service, activity, interest or product, or any otherwise lawful noncommercial message that does not attract attention to a business operated for profit or to a commodity or service offered for sale. (1) A-Frame Sign. A sign consisting of two sign faces placed together at an angle of 90 degrees or less to form an "A" shape structure which tapers from a wide base to a narrow top. 2 (2) Animated Sign. Any sign having a conspicuous and intermittent variation in illumination, message or physical position of any or all of its parts. A time and/or temperature display which changes its messages not more than once every five seconds or any permitted flag or banner which is entirely dependent upon wind for movement shall not be considered an animated sign. (3) Awning. A structure made of cloth, metal, or other material affixed to a building in such a manner that the structure may be raised or retracted to a flat position against the building, but not including a canopy. (4) Awning Sign. A sign that is mounted or painted on or attached to an awning (5) Banner. A sign applied to cloth, paper, flexible plastic, nylon, canvas or similar material, and generally intended to be displayed on a temporary basis. No banner sign may be converted to a permanent sign. (6) Billboard. See “outdoor advertising sign.” (7) Building Frontage. The portion of the principal building of an establishment which faces a public street. If a principal building is arranged on the lot so that the main entrance faces a parking area, then the ZA may make a determination that the portion facing the parking area may be considered the building frontage. (8) Canopy. A structure, other than an awning, made of cloth, metal, or other material which may be totally or partially attached to a building for the purpose of providing shelter to patrons or automobiles, or as a decorative feature on a building wall. A canopy is not a completely enclosed structure and cannot be raised or retracted. (9) Canopy Sign. A sign that is painted on, printed on, or attached to a canopy. (10) Changeable copy sign. A sign, or part of a sign, that is designed so that letters or numbers attached to the sign can be changed manually, or mechanically, to display a different copy or message. (11) Electronic message board sign. A sign which is electronically controlled and which displays event and/or related advertising information for a business which is located on the same premises as the sign, on which the intensity of illumination is maintained at a constant level, and on which the message screen may not change more frequently than every five seconds. The message may scroll no more than ten words in a sequence, and must remain static for a minimum of five seconds before changing. The message shall not flash. (12) Feather sign. A lightweight sign mounted along one edge on a single, vertical, flexible pole the shape of which may resemble a sail, bow, or teardrop. (13) Flag sign. Any generally rectangular or triangular sign or part of a sign made of fabric or other pliant material attached to a flagpole only along one side and which predominately displays distinctive colors, images, shapes or designs rather than legible words, letters, numbers or other linguistic characters. (14) Flashing sign. A sign with either flashing, running, or laser-generated lights or with lights that flash, blink pulse, strobe, scroll, or create an illusion of movement or that have a conspicuous and intermittent variation in illumination, appearance, color, or pattern. 3 (15) Freestanding sign. Any affixed sign which is a monument sign or which is supported by upright poles, posts or braces at least three inches in diameter, or five inches if measured diagonally. A freestanding sign shall be considered a structure within the meaning of this appendix. (16) Gas pump sign. A sign affixed to a gasoline pump. (17) Ground sign. A freestanding sign, other than a monument or pole sign, placed upon or supported by the ground independently of any other structure. (18) Historic site sign. A sign erected and maintained by a public agency, or nonprofit historical society, that identifies the location of, and provides information about, a historic place or event. A maximum of 20 square feet in area shall be allowed per sign and shall be permitted in all districts and not more than one site sign shall be permitted on a lot, subject to approval by the zoning administrator. (19) Illuminated sign. A sign with artificial light projecting through the face or portions of the face or directly shining on the face. (20) Inflatable sign. An inflated, nonporous sign filled with air or other gas that does not move, flutter, or undulate and is mounted to a structure, cord, cable or rod or staked to the ground. (21) Interstate Highway System. The interstate system of highways as defined in 74 Stat. 415 (1960), 23 U.S.C. Sec. 103, or amendments thereto. (22) Lot frontage. The portion of a property boundary or a lot line which abuts a public right-of- way. (23) Marquee. Any fixed hood, other than a canopy or awning, supported solely by the building to which it is attached that projects from the building and extends beyond the building wall. The location of any marquee shall be restricted to the main entrance to a building. (24) Marquee sign. A sign attached to or hung from a marquee. (25) Monument sign. A freestanding sign mounted or affixed to a freestanding base or pedestal secured permanently to the ground and not attached to a building or any other structure, but not including a ground sign. (26) Nonconforming sign. A sign which was lawfully existing at the effective date of this appendix or subsequent amendment thereto, and which does not conform with the area, height, location, placement, type, number, lighting or other regulation pertaining to signs set forth in this appendix or an amendment thereto. (27) Off-premises Sign. Any sign which directs attention to a message, or business, commodity, activity, service or product not conducted, sold, or offered upon the premises where the sign is located. These signs may also be known as location signs, billboards, outdoor advertising signs, or general advertising signs. (28) Outdoor advertising sign. A sign structure providing displays or display space for general advertising and not primarily or necessarily for advertising related to the premises on which erected or to nearby premises. Such signs, commonly referred to as "billboards," are generally designed so that the copy or poster on the sign can be changed frequently and the advertising space is for lease. Outdoor advertising signs may contain light emitting diode (LED) electronic displays which comply with state and federal law. Specific regulations for outdoor advertising signs are found in Section 5.7.8, Outdoor Advertising Signs. 4 (29) Pennant. Any generally rectangular or triangular sign attached only along one side, not affixed to a flagpole, and designed to flap in the wind. (30) Permanent Sign. A sign that is intended to be permanently in place for the duration of the permit use. Examples of permanent signs may include, but are not limited to wall signs, projecting signs, freestanding or monument signs, awning and canopy signs, permanent window or door signs, and on-site directional signs. (31) Pole Sign. A freestanding sign erected and maintained on a freestanding mast or pole secured permanently to the ground and not attached to a building or any other structure, but not including a ground sign. (32) Portable Sign. Any sign designed and intended to be transported or movable, including but not limited to:  Signs with wheels or with wheels removed.  Signs with chassis or support constructed without wheels.  Signs designed to be transported by trailer, wheels or motorized vehicle.  Signs converted to or constructed as A-frame signs.  Signs attached temporarily to the ground, structures or other signs.  Signs mounted on a motor vehicle for advertising purposes parked off the public right-of-way or shore, except when the motor vehicle is being used in the normal, routine operations of the business. (33) Premises. A contiguous parcel of land with its appurtenances and buildings that functions as a unit. For the purpose of this Ordinance, an outparcel along the perimeter of a shopping center or similar multitenant use that contains a freestanding building and a parking area separate from the shopping center as indicated on an approved site plan shall be considered a premises separate from the premises of the shopping center. (34) Primary Highway System. That portion of the state highway system as designated or as may hereafter be designated by the state as part of the federal-aid primary system of highways, which designation has been approved by the Secretary of Transportation of the United States, pursuant to 70 Stat. 374(1956), 23 U.S.C. Sec. 103. (35) Projecting Sign. A sign which is attached to and projects from a wall of a building so that the face of the sign is perpendicular or nearly perpendicular to the face of such wall and projects more than 15 inches from such building. (36) Public service message board. Any sign having a conspicuous and intermittent variation in illumination, message, color, or pattern powered by electricity and which displays different copy changes on the same lamp bank or message facility and installed on land owned by the city or any other governmental entity established by the Commonwealth of Virginia. (37) Roof line. The highest point of a flat roof and mansard roof and the lowest point of a pitched roof. (38) Roof sign. A sign that is mounted or painted on the roof of a building, or that is wholly dependent upon a building for support and that projects above the highest point of a building with a flat roof, the eave line of a building with gambrel, gable or hip roof or the deck line of a building with a mansard roof. 5 (39) Sign area. That area of the sign which is or can be used for visual representation or communication. The term includes any background or surrounding material, panel, trim or ornamentation, color, and direct or self-illumination that differentiates the sign from the building, structure, backdrop surface, or object upon or against which it is placed. The area of a double-faced sign shall be construed to be the area of the largest single face of the sign, provided that the two faces are back-to-back or the interior angle formed by them does not exceed 30 degrees. A pole, post or similar structural support for a freestanding sign, including pole covers, shall be considered as part of the sign area if such pole, post, structural support or pole cover exceeds three feet in width or contains an integral part of the sign display. (40) Sign height. The distance from the highest point of a sign to the finished elevation of the road providing principal access to the site on which the sign is located as measured from the bottom of the curb or edge of pavement (see Figure 5.41 (A), Sign Height). Figure 5.41 (A): Sign Height (41) Temporary Sign. A sign constructed of cloth, canvas, vinyl, paper, plywood, fabric, or other lightweight material not well suited to provide a durable substrate or, if made of some other material, is neither permanently installed in the ground nor permanently affixed to a building or structure which is permanently installed in the ground. (42) Vending Machine Sign. Any sign fastened to or painted on a vending machine. (43) Wall Sign. A sign which is painted on or attached flat against a wall, on the outside of a window or other vertical or nearly vertical surface of a building, and which extends no more than 15 inches from the building, and the message portion of which is parallel or nearly parallel to the surface to which the sign is attached. (44) Window Sign. A sign that is applied or attached to or suspended from the exterior or interior of a window or located within the interior of a structure so that its message can be read from the exterior of the structure including but not limited to window paintings, applied graphics, and signs located inside a building but visible primarily from the outside of the building. 6 (45) Window Sign, Permanent. Any window sign designed to withstand fading, chipping or peeling over time that is not constructed of cloth, canvas, vinyl, paper, plywood, fabric, or other lightweight material. (46) Window Sign, Temporary. Any window sign that is composed of ink, paint or other applied product which is not designed to withstand fading, chipping or peeling over time or that is constructed of cloth, canvas, vinyl, paper, plywood, fabric, or other lightweight material not well suited to provide a durable substrate. (47) Yard Sign. A temporary sign placed upon or supported by the ground independently of any other structure, but not including any A-frame sign. Sec. 5-42. – General Standards A. Classification of Sign Types Table 5-42, Classification of Sign Types, describes and classifies each of the sign types defined in this section which meet more than one definition. TABLE 5-42: CLASSIFICATION OF SIGN TYPES [1] FREESTANDING SIGN TEMPORARY SIGN WALL SIGN Billboard/Outdoor advertising sign Banner Awning sign Monument sign Flag sign Canopy sign Pole sign Inflatable sign Marquee sign Ground sign Pennant Projecting Sign Public service message board (when freestanding) [2] Feather sign Public service message board (when fastened to wall) [2] Portable sign (including A- frame signs) Permanent window sign Yard Sign Temporary window sign NOTES: [1] Depending on available technology, many of the sign types identified in this table may also be definable as flashing signs or as illuminated signs [2] These signs are also classified as flashing signs and as illuminated signs. 7 B. Sign Measurements (1) Determination of Sign Face Area The area of a sign face shall be determined by computing the entire area within a single geometric form that completely encloses the sign face. This form is defined by the extreme limits of lettering, representations, emblems or other figures together with all surrounding material, color, lighting, trim or ornamentation that either form the integral part of the display or differentiate the sign from the background where it is placed. Figure 5-42 (A): Sign Area 8 (2) Number of Sign Faces for Marquee Signs and Projecting Signs Any marquee sign or projecting sign which is oriented to the building upon which it is mounted at an angle less than 45 degrees shall be deemed to have one sign face. Otherwise, it shall be deemed to have two sign faces. (3) Area of Sign with More Than One Face For all signs with more than one face, the sign area shall be computed as including 100 percent of the area of all sign faces. (4) Sign Location Signs shall be located facing the street, lot line, or building frontage from which the allotment is computed. (5) Sign Allocation Based on Building Frontage or Façade For all signs which have the allowable area allocated based on dimensions derived from the dimension of building frontage or façade area, no accessory building shall be only considered when computing the allocation. C. Traffic and Access Safety (1) Confusion with Traffic Signals No sign shall be maintained at any location which obstructs, impairs, obscures, interferes with the view of, or is confused with, any traffic control sign or devices regardless of whether or not it meets other size, location and setback requirements of this section. Nor shall any sign interfere with, mislead or confuse traffic flow. A sign's position, size, shape, color and illumination, but not its content, shall be considered when making such a determination. (2) Obstruction of Sight Distance Triangles Prohibited No sign, nor any part of a sign other than a supporting pole or brace no greater than 18 inches in width or diameter shall be located lower than nine feet from grade within the area of any sight distance triangle as defined in Section ?.?, Definitions and Rules of Measurement. No required landscaping located in the sight distance triangle shall be greater than 24 inches in height. (3) Obstruction of Access ways 9 No sign or sign structure shall obstruct free ingress to or egress from a fire escape, door, window or other required access way to or from a building or site. D. Illumination (1) Design of Light Source All lighting fixtures used to illuminate a sign shall be full-cutoff, as defined by the Illuminating Engineering Society of North America (IESNA), and shall have fully shielded or recessed luminaires with horizontal-mount flat lenses that prevent upward light scatter and protect the dark night sky. (2) Location of Light Source No receptacle or device housing a permitted light source which is attached to the sign itself shall protrude more than 15 inches from the face of the sign or building to which it is attached (no more than 60 inches for outdoor advertising signs). If ground lighting is used to illuminate a sign, the receptacle or device should not protrude more than 12 inches. (3) Level of Illumination and Mitigation of Glare (a) In no event shall the illumination of any sign resulting from any internal or external artificial light source exceed 100 lumens. (b) Information on any illumination proposed as part of a sign must be provided by the applicant on the sign permit application. (c) No light from any illuminated sign shall cause direct glare into or upon any building other than the building to which the sign is related. (d) No light from any illuminated sign shall cause direct glare onto any adjoining piece of property or any adjoining right-of-way. (e) Arrows or other directional indicators on a sign may not be illuminated. (f) Any sign containing electrical components shall conform to current UL, ETL, CSA, or ULC standards and display a label from one of these recognized testing labs; or as an alternative, shall be designed and constructed to standards that would allow one of the above-referenced labels to be affixed and thereafter inspected to insure compliance with these standards. E. Signs in Public Places Installation of any sign on public property is governed by Chapter ?.? of the Town Code. Signs installed in a public right-of-way or installed on public property for a public purpose are not governed by the regulations of this section. 10 F. Sign Maintenance The owner of a sign and the owner of the premises on which any sign is located shall be jointly and severally liable to maintain every sign, including its illumination sources, in compliance with this section and all applicable laws, in a safe and secure condition, in a neat and orderly condition, and in good, working order at all times, and to prevent the development of any rust, corrosion, rot or other deterioration in either the physical appearance or the safety of every sign. Sec. 5-43. – General Requirements A. Prohibited Signs Except where specifically permitted by the regulations of the applicable zoning district or overlay district, all of the following signs are prohibited in all zoning districts: (1) A sign not expressly permitted under the regulations of this section or other applicable provision of this Ordinance; (2) A sign that moves or gives the appearance of moving and any sign which flutters, undulates, swings, rotates, oscillates or otherwise moves by natural or artificial means, including any pennant but excluding flag signs displayed in compliance with the provisions of this section, the changing of messages on electronic message boards, and rotating barber poles not exceeding six feet in height and one foot in width; (3) A flashing signs, flashing or revolving lights, and beacons except for a public service message board or an outdoor advertising sign displayed in compliance with the provisions of this section; (4) Animated signs shall not be permitted in any district; (5) A sign which is false or misleading such that it creates a threat to vehicular, bicycle, or pedestrian safety, and which contains the words "STOP," "GO," "SLOW," "CAUTION," "DANGER," "WARNING," or similar words; (6) A portable sign, but not including an A-frame sign displayed in compliance with the provisions of this section; (7) An awning sign or canopy sign that projects vertically above or below or horizontally beyond the physical dimensions of the awning or canopy upon which it is affixed; (8) Any sign that due to its size, location, color, or illumination obscures a sign displayed by a public agency for the purpose of giving traffic or safety instructions or directions.; 11 (9) Any sign, except an official public notice, which is nailed, tacked, posted, or in any other manner attached to any utility pole, or structure supporting wire, cable, or pipe; or to public property of any description; (10) Signs advertising activities or products that are illegal under federal, state, or town law; (11) Off-premises directional and advertisement signs. Signs directing and guiding traffic to a business which is not located on the property on which the sign is located, except for those directional signs which are permitted under subsection (?.?) of this appendix, or those signs for which written authorization has been obtained from the town manager or his authorized agent.; (12) A sign located on a zoning lot where no principal use exists, except for a temporary sign located on a lot being offered for sale or lease at the time of application for the Sign Permit; (13) A sign which is structurally unsafe and hazardous (14) A feather sign; and (15) A temporary sign that is still on display after the shorter of either of the following: (a) The time for removal that was indicted in the application for the Sign permit which authorized it; and (b) Three months after the date it was first displayed. B. Sign Permit Required (1) General Rule Except as specified below, no sign shall be erected, enlarged, expanded, reconstructed, relocated or maintained on private or public property unless a Sign Certificate shall have been issued by the ZA evidencing the compliance of such sign with the provisions of this Ordinance, including the payment of any registration fee required under this section, and with all applicable provision of the Building Code. (2) Special Rule for Billboards In addition to the certificate required herein, a state permit issued by the Virginia Department of Transportation may also be required for outdoor advertising signs located within 660 feet of highways that are part of the interstate or primary highway systems. (3) Exemptions 12 Notwithstanding the general rule set forth in subsection (1), above, the following signs and sign-related activities shall be exempt from the Sign Permit requirement to the extent indicated. Except where indicated in this subsection, such signs shall also not be counted towards the maximum sign allotment allowed for the applicable use or premises. (a) Routine Maintenance Routine sign maintenance or changing of lettering or parts of signs designed to be regularly changed, including sign face changes. (b) Illegible Signs Any wall sign, window sign, or temporary sign located within five feet of a building the physical attributes of which do not provide for the differentiation of words, letters, figures, designs, symbols or logos by an observer with typical visual acuity situated in a public place, a public right-of-way, or any parking area or right-of-way open to use by the general public. (c) Uniform Signage Any sign erected in compliance with the provisions and standards of the Manual of Uniform Traffic Control Devices. (d) Pavement Markings Any sign applied directly and entirely to and flush with an asphalt, concrete, or similar paved surface. (e) Notice Signs Signs posted by or required to be posted by a governmental entity in compliance with a provision of federal, state, or local law located on a premises where an activity that necessitates the posting of such signage is or may be occurring. (f) Flag signs All flag signs shall be counted towards the maximum sign allotment allowed for the applicable use or premises. (g) Single-Family and Two-Family Residential Uses Any sign located on property with a single-family dwelling, two-family dwelling, semi-detached dwelling, or townhouse residential use and which complies with the applicable limitations of Section 5.7.7, Permitted Signs. All such signs shall 13 be counted towards the maximum sign allotment allowed for the applicable use or premises. (h) Window Signs (i) Vending Machine Signs (j) Gas Pump Signs (k) Interior signs Any signs in the interior of a building not directed so as to be seen from outside the building. (l) Decorative home flags or national, state, or other governmental flags and insignias, except when displayed in connection with commercial promotions. (m) Political campaign or election signs located outside of public right-of-way, provided such signs are not erected for more than 120 days, each sign is not to exceed 32 square feet, and are removed within 14 days after the campaign or election to which they pertain. (n) Commemorative plaques, historical markers, and signs which have special historical value or significance to the community, provided such signs are erected by a government body and do not exceed fifteen (15) square feet in sign area. (o) Legal notice, identification, informational, or directional signs erected by a government body or required to be erected by a government body. (p) Directional signs not exceeding four (4) square feet in sign area, and four (4) feet in height for freestanding directional signs. (q) Address sign not exceeding four (4) square feet in sign area (r) Murals (s) Window covers placed on the inside of a window or windows of a vacant storefront to shield the interior of the building from view. Window covers shall not be subject to the maximum window coverage requirements of Section ?.? (t) Signs displaying only the word "open" or "closed," or the hours of operation, illuminated or otherwise, provided such signs do not exceed one (1) per lot and do not exceed four (4) square feet in sign area. 14 C. Registration Fee (1) General Rule Except as specified below, a registration fee shall be paid in relation to the issuance of any permit required by the provisions of this section. (2) Exemption from Registration Fee Any sign already in existence as of ________, is exempt from the registration fee, even though a Sign Permit is still required and such signs are still counted as part of a premises' or use's total allowable sign allotment. D.Replacement and Removal Requirements (1)Replacement and Removal of Sign Faces When Not in Use In the event that a use has ceased operating on the site for a period of six months, all related sign faces shall be removed. The face of any sign that conforms to all zoning regulations that apply and that can be reused shall be replaced with a blank, white face until use of the building or premises has resumed. (2) Nonconforming Signs In the event that a legally established nonconforming sign, other than a sign that has been designated as historically significant in accordance with the applicable provisions of Section ?.?, is damaged or destroyed to an extent exceeding 50 percent of the sign's replacement cost (as determined by the ZA), such nonconforming sign shall be either removed or replaced by a sign which conforms in all respects with the standards required by this section. Any non-conforming sign, including any associated supporting structure, which has not been used for a period of two years shall be removed. The owner of the property shall be responsible for compliance with this requirement. (3) Incomplete Construction Wherever the construction or installation of a sign has been commenced but has not been completed within a reasonable time and where no building permit related to the installation remains valid and unexpired, the portions of the sign that have been constructed or installed shall be removed. (4) Damaged or neglected signs. (a)The zoning administrator shall have the authority to order the removal, without compensation, of any sign or sign structure that due to neglect or damage poses a clear danger to the health, safety, and welfare of the public. 15 (b) The town may collect the cost of such removal, obliteration or abatement from the person erecting, using, operating, posting or displaying such signs. E. Substitution of Messages A noncommercial message may be substituted, in whole or in part, for any other message displayed on any sign which conforms to this section without consideration of message content. Such substitution of message may be made without any additional approval, permitting, registration or notice. Furthermore, any on-site commercial message may be substituted, in whole or in part, for any other on-site commercial message. Sec. 5-44 – Specific Sign Construction, Installation, and Design Standards A. Freestanding Signs (1) Location The sign shall be set back no less than five feet from any existing public right-of-way. (2) Sign Faces Each sign shall be limited to no more than two sign faces B. Window Signs No more than 30 percent of the window and glass door area may be obscured by window signs such that the interior of the building cannot be readily seen from a public place, public right-of- way, or parking area. C. Certain Signs Affixed to Building Features Any flag sign affixed to a building or any sign affixed to an awning, canopy, or marquee shall be elevated as follows: (1) Awning Sign The lowest portion of the protruding building feature shall be at least seven and one- half feet above grade. (2) Canopy Sign or Marquee Sign The lowest portion of the protruding building feature shall be at least eight and one-half feet above grade. (3) Flag Signs Affixed to a Building The lowest portion of the pole shall be at least eight and one-half feet above grade. 16 D. A-Frame Signs No A-frame sign shall exceed four feet in height or six square feet per sign face. E. Changeable copy signs and electronic readerboard signs. (1) Changeable copy signs shall abut or connect with a static sign face, and the changeable copy portion of the sign shall not exceed eighty (80) percent of the overall sign of which it is a part. (2) Electronic readerboard signs shall be subject to these requirements (a) The electronic readerboard shall abut or connect with a static sign face. (b) The electronic readerboard portion of the sign shall constitute no more than forty (40) percent of the total sign area of which it is an integral part. (c) An electronic readerboard in a CB, RB, or GB District shall not exceed twenty- five (25) square feet in sign area. (d) The frequency of change of copy shall be established so that each display of copy remains static with no animation for at least six (6) seconds before changing to new copy. (e) An electronic readerboard shall be controlled so that the night-time illumination level does not exceed three-tenths (0.3) footcandles over ambient light, measured at a specified distance from the sign face. The distance of measurement shall be determined by multiplying the area of the electronic readerboard sign in square feet by one hundred (100). The square root of the resulting product is the distance in feet from which the measurement shall be taken. Electronic readerboard signs shall be equipped with a sensor that determines the ambient illumination and be programmed to dim according to ambient light conditions to comply with the requirements of this section. F. Historic Signs (a) Intent. Identify the architectural, cultural, and historic significance to the town and encourage their preservation, enhancement, and maintenance. (b) Designation. A sign may be designated historically significant if it was installed prior to January 1, 1960, and meets at least three or more of the following criteria: (1) The sign exemplifies, symbolizes, or manifests elements of the cultural, social, economic, political or historic heritage of the town; (2) The sign identifies with a person or persons or groups who significantly contributed to the history and development of the town, regional, state or national culture and history; 17 (3)The sign exemplifies one of the best remaining architectural type in a community; or contains outstanding or exemplary elements of attention to architectural design, detail, materials, or craftsmanship of a particular historic period. (4)The sign is in a unique location or singular physical characteristic(s) represents an established and familiar visual feature of the neighborhood, community or the town; (5)The sign has been in existence for more than 40 years and it possesses integrity of location, design, setting, materials, workmanship, feeling and association; (6)The sign has been continually displayed for more than 40 years, with the exception of routine maintenance, repair or restoration; (c)Designation of historic sign(s) shall be subject to approval by the zoning administrator. (d)A zoning permit will be required for a historic sign and any historic sign displayed shall comply with all applicable provisions of the IBC and all amendments thereto. (e)A historic sign shall be restored to its original condition. (f)A historic sign shall only be allowed in the following zoning districts: CB, GB, RB, M-1, and M-2 and shall be exempted from being included in the maximum permitted sign area and the maximum number of signs allowed in the designated districts. Sec. 5-45 – Permitted Signs A. General Rule All signs that are permissible in conjunction with the use on the premises and in accordance with the zoning district and character district in which the sign is to be located are indicated in Table 5-45 (A), Permanent Signage, and Table 5-45(B), Temporary Signage. 18 TABLE 5-45(A): PERMANENT SIGNAGE ZONING DISTRICT LAND USE WALL SIGNS FREESTANDING SIGNS ACCESSORY BUILDING/ STRUCTURE SIGNS GROUND SIGNS OTHER LIMITATIONS SIGNS PERMITTED IN RESIDENTIAL DISTRICTS R-LD, R-1, R-2, R-3, Residential Uses in R- B,PD, and MUD Districts Single-Family, Two- Family, Semi- Detached Dwelling and individual Townhouse units Maximum area (per sign face): 2 sq. ft. Maximum area (per sign face): 2 sq. ft. Not Permitted Not Permitted Maximum height: 4 ft. Maximum number: 1 per dwelling unit Maximum number: 1 per dwelling unit Minimum distance from property line: 6 ft. Multi-Family, Townhouse developments, and Uses not otherwise noted Maximum area (per sign face): 8 sq. ft. Maximum area (total of all signs): 32 sq. ft. Maximum area (per sign face): 32 sq. ft. Not Permitted Maximum area (per sign face): 9 sq. ft. Maximum number: 1 per 50 ft. of building frontage Maximum number: <100 ft. lot frontage: 0 ≥100 ft. lot frontage: 1 Maximum height: 2.5 ft. Maximum area (per sign face): 8 sq. ft. Minimum distance from right-of- way line: 5 ft. Maximum number: Located at a vehicular entrance to the site: 1 per entrance; located elsewhere on the lot: no maximum SIGNS PERMITTED IN RESIDENTIAL-BUSINESS DISTRICTS R-B, Commercial Uses in R-B, PD, and MUD Districts Any Use Maximum area (total of all signs): 32 sq. ft. Maximum area (per sign face): 32 sq. ft. Not Permitted Maximum area (per sign face): 9 sq. ft. No more than 4 permanent signs shall be provided on a lot. The aggregate area of all permanent signs shall not exceed 76 square feet. Maximum height: 10 ft. Maximum number: 1 Maximum height: 2.5 ft. Minimum distance from right-of- way line: 10 ft. Maximum number: Located at a vehicular entrance to the site: 1 per entrance; located elsewhere on the lot: no maximum 19 TABLE 5-45(A): PERMANENT SIGNAGE ZONING DISTRICT LAND USE WALL SIGNS FREESTANDING SIGNS ACCESSORY BUILDING/ STRUCTURE SIGNS GROUND SIGNS OTHER LIMITATIONS SIGNS PERMITTED IN COMMERICAL DISTRICTS GB Any Use Maximum area (total of all signs facing a public street): <32 ft. building frontage: 32 sq. ft. >32 ft. building frontage: 1 sq. ft. per linear ft. of building frontage Maximum area (per sign face): <100 ft. lot frontage: 0 sq. ft. 100—200 ft. lot frontage: 32 sq. ft. >200 ft. lot frontage: 75 sq. ft. Maximum area (total of all signs): 0.5 sq. ft. per linear ft. of frontage Maximum area (per sign face): 9 sq. ft. Maximum height: 12 ft. or 16 ft. if set back 20 ft. from public right- of-way Maximum height: 2.5 ft. Maximum number: <100 ft. lot frontage: 0 100—200 ft. lot frontage: 1 >200 ft. lot frontage: 1 plus 1 for each additional 200 ft. lot frontage Maximum number: Located at a vehicular entrance to the site: 1 per entrance Located elsewhere on the lot: No maximum Minimum distance from right-of- way line: 5 ft. Shopping centers with >40,000 sq. ft. of building area may have 1 additional sign located at the entrance to the center with a maximum area of 50 sq. ft. and a maximum height of 12 ft. or 16 ft. if set back 20 ft. from the public right-of-way SIGNS PERMITTED IN INDUSTRIAL DISTRICTS M-1, M-2 Any Use Maximum area (total of all signs facing a public street): <32 ft. building frontage: 32 sq. ft. >32 ft. building frontage: 1 sq. ft. per linear foot of frontage Maximum area (per sign face): <100 ft. lot frontage: 0 sq. ft. 100-200 ft. lot frontage: 32 sq. ft. >200 ft. lot frontage: 75 sq. ft. Maximum area (total of all signs): 0.5 sq. ft. per linear ft. of frontage Maximum area (per sign face): 9 sq. ft. Billboards are not allowed in M-1 Districts Maximum height: 12 ft. Maximum height: 2.5 ft. 20 TABLE 5-45(A): PERMANENT SIGNAGE ZONING DISTRICT LAND USE WALL SIGNS FREESTANDING SIGNS ACCESSORY BUILDING/ STRUCTURE SIGNS GROUND SIGNS OTHER LIMITATIONS Maximum number: <100 ft. lot frontage: 0 100-400 ft. lot frontage: 1 >400 ft. lot frontage: 1 plus 1 for each additional 400 ft. lot frontage Maximum number: Located at a vehicular entrance to the site: 1 per entrance Located elsewhere on the lot: No maximum Minimum distance from right-of- way line: 5ft. SIGNS PERMITTED IN DISTRICTS IN DOWNTOWN DISTRICTS CB Any Use Maximum area (per building frontage): Maximum area: 20 sq. ft. Not Permitted Not Permitted Total of all signs shall not exceed 50 sq. ft. Facing the public street on which the principal access is located: 1.5 sq. ft. per liner ft. of building frontage. Facing the public street not containing the principal access: 1 sq. ft. per linear ft. of building frontage. Maximum height: 12 ft. Maximum area (total of all signs): 50 sq. ft. Maximum number: 1 SIGNS PERMITTED IN PUBLIC/ OPEN SPACE DISTRICTS PO Any Use Maximum area (per sign face): <20ft. above grade: 1.5 sq. ft. per linear foot of lot frontage ≥20 ft. above grade: 100 sq. ft. or 2% of façade, up to 300 sq. ft. Maximum area (per sign face): 48 sq. ft. Maximum area (total of all signs): 0.5 sq. ft. per linear ft. of frontage Maximum area (per sign face): 9 sq. ft. Maximum height: 12 ft. or 16 ft. if set back 20 ft. from public right- of-way Maximum height: 2.5 ft. Maximum number: <20ft. above grade: No maximum ≥20 ft. above grade: 1 plus 1 for each additional 200 ft. of façade length Maximum number : located at principal entrance to the use: 1 per entrance, may be lighted Maximum number: Located at a vehicular entrance to the site: 1 per entrance Located elsewhere on the lot: No maximum Minimum distance from right-of- way line: 5 ft. 21 TABLE 5-45(B): TEMPORARY SIGNAGE ZONING DISTRICT LAND USE YARD SIGNS BANNERS FLAG SIGNS A-FRAME SIGNS DUATION LIMITATIONS OTHER LIMITATIONS SIGNS PERMITTED IN RESIDENTIAL DISTRICTS R-LD, R-1, R-2, R-3, Residential Uses in R-B,PD, and MUD Districts Single-Family, Two-Family, Semi- Detached Dwelling and individual Townhouse units Maximum area (per sign face): 24 sq. ft. (total of all signs) 12 sq. ft. (any one sign) Maximum area (per banner): 8 sq. ft. Maximum area (total of all flags): 24 sq. ft. Not Permitted 3 months Minimum height (wall mounted): 8 ft. Maximum number: No limit Maximum number: 1 per dwelling unit Maximum height (ground): Equal to distance from nearest property line Maximum number: No limit Multi-Family, Townhouse developments, and Uses not otherwise noted Maximum area: 48 sq. ft. Maximum area (per banner): 32 sq. ft. Maximum area (total of all signs): 24 sq. ft. Maximum Number: 1 per zoning lot Yard and Banner signs: 6 times per year per sign, limited to 20 days each A-frame signs shall be located within 10 feet of a pedestrian entrance Minimum height (wall mounted): 8 ft. Maximum number: No limit Maximum number: 1 per street frontage Maximum height (ground): Equal to distance from nearest property line A-Frame signs: must be removed while business is closed and during severe weather events Maximum number: No limit SIGNS PERMITTED IN RESIDENTIAL-BUSINESS DISTRICTS R-B, Commercial Uses in R-B, PD, and MUD Districts Any Use Maximum area (total of all signs): 60 sq. ft. Maximum area (per banner): 16 sq. ft. Maximum area (per flag): 24 sq. ft. Maximum Number: 1 per business Yard and Banner signs: 6 times per year per sign, limited to 20 days each Banner signs shall be located within 20 ft. of pedestrian entrance 22 TABLE 5-45(B): TEMPORARY SIGNAGE ZONING DISTRICT LAND USE YARD SIGNS BANNERS FLAG SIGNS A-FRAME SIGNS DUATION LIMITATIONS OTHER LIMITATIONS Maximum number: 1 per street frontage Maximum number: 1 Minimum distance from right- of-way line: 10 ft. Minimum height (wall mounted): 8 ft. A-Frame signs: must be removed while business is closed and during severe weather events Maximum height (ground): Equal to distance from nearest property line Maximum number: 2 SIGNS PERMITTED IN COMMERICAL DISTRICTS GB Any Use Maximum area (per sign) 60 sq. ft. Maximum area (per banner): 24 sq. ft. Maximum area (total of all signs): 0.5 sq. ft. per linear ft. of frontage Maximum Number: 1 per business Yard and Banner signs: 6 times per year per sign, limited to 20 days each 50% of banner signs shall be located within 20 ft. of a pedestrian entrance; A-frame signs shall be located within 10 feet of a pedestrian entrance Maximum number: 1 per 50 ft. of lot frontage Maximum number: 1 per 50 ft. of lot frontage A-Frame signs: must be removed while business is closed and during severe weather events SIGNS PERMITTED IN INDUSTRIAL DISTRICTS M-1, M-2 Any Use Maximum area (per sign) 60 sq. ft. Maximum area (per banner): 24 sq. ft. Maximum area (per flag): 24 sq. ft. Maximum Number: 1 per business Yard and Banner signs: 6 times per year per sign, limited to 20 days each A-frame signs shall be located within 10 feet of a pedestrian entrance Minimum height (wall mounted): 8 ft. Maximum number: 1 per street frontage Maximum Number: 1 per business Maximum height (ground): Equal to distance from nearest property line A-Frame signs: must be removed while business is closed and during severe weather events Maximum number: 2 23 TABLE 5-45(B): TEMPORARY SIGNAGE ZONING DISTRICT LAND USE YARD SIGNS BANNERS FLAG SIGNS A-FRAME SIGNS DUATION LIMITATIONS OTHER LIMITATIONS SIGNS PERMITTED IN DISTRICTS IN DOWNTOWN DISTRICTS CB Any Use Maximum area (total of all signs): 24 sq. ft. Maximum area (per banner): 16 sq. ft. Maximum area (per flag):24 sq. ft. Maximum number: 1 per business Yard and Banner signs: 6 times per year per sign, limited to 20 days each A-frame signs shall be located within 10 feet of a pedestrian entrance Minimum height (wall mounted): 8 ft. Maximum number: 2 per zoning lot Maximum number: 1 per zoning lot Maximum height (ground): Equal to distance from near property line A-Frame signs: must be removed while business is closed and during severe weather events SIGNS PERMITTED IN PUBLIC/ OPEN SPACE DISTRICTS PO Any Use Maximum area (per sign): 60 sq. ft. Maximum area (per banner): 400 sq. ft. Maximum area (per flag): 24 sq. ft. Maximum number: 1 per business Yard and Banner signs: 6 times per year per sign, limited to 20 days each Banner signs ≤32 square feet: 6 times per year per sign, limited to 20 days each Banner signs≥32 square feet: 3 months A-frame signs shall be located within 10 feet of a pedestrian entrance Minimum height (wall mounted): 8 ft. Maximum number: 3 per zoning lot Maximum number: 2 per zoning lot Maximum height (ground): Equal to distance from nearest property line A-Frame signs: must be removed while business is closed and during severe weather events Maximum number: 2 24 B. Special Rules for Certain Uses and Districts (1) Billboards Any outdoor advertising sign that complies with the provisions of Section 5-46, Outdoor Advertising Signs. (2) Real Estate Sales On real property with a single-family detached, single-family semi-detached, two-family or townhouse use which is being offered for sale or lease at the time of application for a sign permit, one yard sign limited to a maximum height of four feet and a maximum area of eight square feet. (3) Inflatable Signs On a premises located in the GB, M-1, and M-2 zoning districts, one inflatable sign mounted to either the roof of a building or the ground, limited to one per business, and displayed no more than four times per year and for no longer than seven consecutive days. (4) Commercial Drive-Thrus On a premises where a commercial drive-through use is located, two freestanding signs for each drive-through lane and which are illegible from all public rights-of-way, limited to a maximum height of 10 feet and a maximum area of 32 square feet per sign face. C. All Other Signs Prohibited (1) No Sign Certificate shall be issued unless the proposed sign is permissible under either the general rule or special rule set forth in this section, above, and complies with all other applicable requirements of this Ordinance. Sec. 5-46 - Outdoor Advertising Signs (A) Location and Height (1) Outdoor Advertising signs may only be authorized to be located in the M-2 district. (2) No billboard sign or sign structure shall exceed a height of 35 feet, nor shall any billboard sign be installed on the roof of any structure; (B) Sign Area and Faces (1) No billboard sign shall exceed 450 square feet in area per sign face; 25 (2) There shall be no more than one billboard sign attached to or painted on a sign structure, except that two billboard signs may be attached back-to-back on a single structure, in which case such arrangement shall be considered double-faced sign for purposes of calculating permitted area; (C) Separation Requirements (1) No outdoor advertising sign shall be less than 500 feet from any other outdoor advertising sign located on the same side of the same street. (2) At street intersections, no outdoor advertising sign shall be located less than 500 feet from any other outdoor advertising sign as measured along consecutive or intersecting street right-of-way lines. (3)No billboard sign shall be located within 20 feet of any street line or other property line. (4) No outdoor advertising signs shall be setback less than 20 feet from any public right- of-way. (5) No outdoor advertising sign shall be located within 200 feet of any right-of-way of any underpass, overpass, bridge or tunnel or any plaza serving such facility. (6) No outdoor advertising sign shall be located less than 300 feet from a residential zoning district boundary fronting on both sides of the same street right-of-way. 1 Memorandum To: Town of Vinton Planning Commission From: Town of Vinton Planning and Zoning Department Date: February 19, 2019 Re: Reduction of Front Yard Setbacks in R-B Residential Districts Section 4-26 of the Zoning Ordinance currently has the front yard setback requirement in the R- B residential-business district at 25 feet. The consultants at EPR, PC recommend that we reduce the front yard setbacks from 25 feet to 15 feet with justified reasons attached. First, in these districts, we are witnessing a number of older homes converting to commercial uses with non- conforming front setbacks smaller than 25 feet. Second, the reduction would allow for greater walkability in the future as the Town implements various measures to promote pedestrian friendly amenities, sidewalks, and corridors. The 15 feet setback was chosen because it allows for development to be closer to the sidewalks while still providing adequate separation from traffic on the arterial roadways. To analyze the way these changes would impact the rates of non-conformity among properties in R-B districts, Town staff measured the current setbacks of every property within an R-B district using the Roanoke County GIS system. Based on the count of 157 properties zoned R-B analyzed in this study, the average front yard setback was found to be 30 feet. Chart 1 shows the frequency of properties within each category divided up based on their front yard setback distances (in feet) using the current zoning regulations. Graph 1 shows that currently 49% of all the properties zoned R-B are not in compliance with the 25 feet setback requirements. Chart 2 and Graph 2 show the frequency and percentage changes in compliance that would take place if the setback requirements were reduced to 15 feet. The data reveals this change would allow for 83% of the total properties zoned R-B to become compliant with the new zoning regulations. The change would allow for a 32% increase in compliant R-B properties and reduce legal non-conforming R-B properties to account for a mere 17% of the total. Overall, implementing this recommendation allows for more properties to become compliant with the zoning code and foster a pedestrian friendly environment for current and future developments in R-B districts. 2 Appendix 27 50 44 19 8 9 0 10 20 30 40 50 60 0-15 15-25 25-35 35-45 45-55 55+ Fr e q u e n c y Front Yard Setback Distance (ft.) Chart 1. Current R-B Front Yard Setback Distances 51% 49% Graph 1. Current Percentage of Compliance In Compliance Legal Non-Conforming 3 27 50 44 19 8 9 0 10 20 30 40 50 60 0-15 15-25 25-35 35-45 45-55 55+ Fr e q u e n c y Front Yard Setback Distance (ft.) Chart 2. Proposed R-B Front Yard Setback Distances 83% 17% Graph 2. Potential Percentage of Compliance In Compliance Legal Non-Conforming 1 Memorandum To: Town of Vinton Planning Commission From: Town of Vinton Planning and Zoning Department Date: February 19, 2019 Re: Lot Coverage Requirements Expanded in Multiple Districts The consultants from EPR, PC recommended that the Town remove lot coverage requirements from the specific R-3 regulations and replace it with a special section under Article V Supplemental Regulations that address lot coverage more comprehensively in multiple districts. Currently, R-3 is currently the only district with lot coverage requirements, which is set at a 35% maximum coverage total. Lot coverage requirements provide numerous positive outcomes including aesthetical improvements to the community and the promotion of sustainability by allowing for infiltration of rain water and provision of more open space. To analyze the existing status quo of lot coverage percentages in the Town, staff analyzed 2,688 properties to develop a sizeable sample for this study. For this study, the total square footage of the principal building footprint and the estimated square footage of the lot were utilized to find the approximate lot coverage percentage. The average lot coverage percentage across these selected properties was 16%. Overall, around 79% of all the properties analyzed were found to have a lot coverage percent at or below 20%. Important factors to keep in mind when analyzing this data includes the way these properties are found in numerous zoning districts which may account for extremely high or low levels of lot coverage percentages. Also, only the principal structure footprints were included, so accessory structures that are prevalent across residential properties in the Town were not accounted for. The way some localities account for lot coverage totals in light of their storm water regulations includes using aerial analyses through GIS software. This method is incredibly costly and requires numerous staff positions to upkeep and administer. Using the zoning ordinances of similar localities in the Commonwealth and finding “industry averages” will allow for the Town to proactively plan for future development while ensuring that increasing rates of nonconformities are kept at a minimum. Overall, this recommended zoning regulation is important to storm water management, sustainable practices, and the preservation of property values as lot coverage percentages typically dictate the way factors in each one of these categories are accounted for and managed. 2 Appendix 878 1243 349 126 43 24 5 4 7 9 0 200 400 600 800 1000 1200 1400 0-10%10-20%20-30%30-40%40-50%50-60%60-70%70-80%80-90%90%+ Fr e q u e n c y Percentage of Lot Covered by Principal Structure(s) Lot Coverage Percentages, Townwide Please print in the LEGALS section of the Classifieds for the Vinton Messenger on: February 28, 2019. Please send affidavit of publication to: Anita McMillan Planning and Zoning 311 S. Pollard Street Vinton, VA 24179 540-983-0605 amcmillan@vintonva.gov __________________________________________________________________________ PUBLIC NOTICE The Planning Commission of Town of Vinton, Virginia, hereby gives notice of a dinner work session to be held on Thursday, March 7, 2019, at 5:30 p.m., or shortly thereafter. The purpose of the work session is to discuss certain components of the zoning ordinance amendment. The dinner work session will be held in the Administration Conference Room of the Vinton Municipal Building, 311 South Pollard Street, Vinton, Virginia. Further information concerning this notice may be obtained by calling (540) 983-0605. NOTICE OF INTENT TO COMPLY WITH DISABILITIES ACT. efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend the meetings. Please call (540) 983- 0605 at least 48 hours prior to the meeting so that proper arrangements may be made. 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