HomeMy WebLinkAbout7/15/2021 - 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
July 13, 2021
TO: VINTON PLANNING COMMISSION
Mr. Keith Liles, Chair
Mr. David “Dave” Jones, Vice-Chair
Mr. Robert “Bob” Benninger
Mr. Andrew “Ty” Braxton
Ms. Sarah Reid
RE: Work Session
Thursday, July 15, 2021 at 5:30 p.m.
A work session of the Planning Commission will be held on Thursday, July 15, with dinner at
5:30 p.m., and the work session to begin at 6 p.m. or shortly thereafter.
The meeting will be held in person in the Town Council Chambers of the Vinton Municipal Building.
Please see the enclosed agenda and supporting materials for the meeting.
Please let me know if you are UNABLE to attend the work session on July 15 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: Richard “Pete” Peters, Town Manager
Nathan McClung, Assistant Planning and Zoning Director
WORK SESSION AGENDA
JULY 15, 2021
DINNER: 5:30 P.M./WORK SESSION: 6 P.M. OR SHORTLY THEREAFTER
VINTON MUNICIPAL BUILDING COUNCIL CHAMBERS
I. Call to Order—Roll Call
II. Overview of Upcoming Community Meeting on Ordinance Revisions (August)
1. Activity #1: Maximum temporary signage demonstration
2. Activity #2: Eight (8)-line measurement exercise
3. Activity #3: Square footage of various ADU layouts
4. Activity #4: ADU examples and voting on various regulations/requirements
5. Activity #5: Maximum parking and new requirement scenarios
6. Activity #6: RB and CB Districts dimensional changes
7. Activity #7: Homestay regulations
8. Activity #8: Landscaping ordinance scenario print-outs
9. Activity #9: Parking lot design activity
10. Activity #10: Potential stormwater impact demonstration
III. Outdoor Refreshment Areas (ORAs) in the Town of Vinton
1. Overview of new State Code provisions
2. Potential locations in the Town and drafted code language
IV. Miscellaneous Ordinance Topics Discussion
1. Proposed flag regulations
2. Proposed window coverage requirements for signs
V. Comments of Planning Commissioners and Planning Staff
VI. 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. David “Dave” Jones, Vice-Chairman
Mr. Robert “Bob” Benninger
Mr. Andrew "Ty" Braxton
Ms. Sarah Reid
ARTICLE III. – OUTDOOR REFRESHMENT AREAS (ORAs)
Sec. 6-29. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Outdoor refreshment area means an area within a locality covering an area of up to one-half
square mile that features a combination of dining, entertainment, office, residential, or hotel
establishments located in a physically integrated outdoor setting that is or can be made pedestrian
friendly.
TNC partner means a person authorized by a transportation network company to use a TNC
partner vehicle to provide prearranged rides on an intrastate basis in the Commonwealth.
TNC partner vehicle means a personal vehicle authorized by a transportation network
company and used by a TNC partner to provide prearranged rides on an intrastate basis in the
Commonwealth.
Sec. 6-30. – Designation of outdoor refreshment areas (ORAs).
(a) The Town may designate up to three (3) outdoor refreshment areas within its jurisdictional
boundaries.
(b) The Town will post appropriate signage that demarcates for the public the boundaries of
the outdoor refreshment area.
Sec. 6-31. – General regulations.
(a) Only alcoholic beverages purchased from permanent retail on-premises licensees located
within the designated outdoor refreshment area may be consumed within the outdoor
refreshment area, including sidewalks and the premises of businesses not licensed to sell
alcoholic beverages at retail, upon approval of such business. Additionally,
(1) Such alcoholic beverages shall only be contained in paper, plastic, or similar disposable
containers with a maximum capacity of no more than 16 fluid ounces that clearly display
the name or logo of the retail on-premises licensee from which the alcoholic beverage
was purchased.
(b) Alcoholic beverages may only be consumed within an outdoor refreshment area during the
hours of _______ p.m. and ________p.m.
(c) The consumption of alcoholic beverages is prohibited on the exterior premises of any (i)
church, synagogue, mosque, or other place of religious worship or (ii) public, private, or
parochial school or an institution of higher education located within the outdoor refreshment
area.
Sec. 6-32. – Public Safety Plan Adoption.
A public safety plan will be established for each outdoor refreshment area within the Town
prior to the adoption of this ordinance in order to promote to public safety, health, morals, public
convenience, and general prosperity. Such plan shall:
(a) Detail local strategies for managing pedestrian and motor vehicle traffic within the outdoor
refreshment area;
(b) Identify and designate at least one TNC partner vehicle pickup area within or near each
outdoor refreshment area to help facilitate efficient and safe travel to and from the outdoor
refreshment area;
(c) Incorporate local law-enforcement agencies to provide for the safety and welfare of
individuals and businesses located within the outdoor refreshment area; and
(d) Incorporate local law-enforcement agencies to provide for the safety and welfare of
individuals and businesses located within the outdoor refreshment area; and
State Law reference— Authority of town to create outdoor refreshment areas, Code of Virginia,
§ 15.2-926.5.
ARTICLE V. - SUPPLEMENTARY REGULATIONS
58
(b) Standards in the GB, CB, and MUD Districts. Seating areas outside of enclosed buildings and
intended for service to or consumption of food or beverages by patrons may be provided, but not
within any public right-of-way, and provided that:
(1) No deck, patio, terrace or other outside area for the service or accommodation of patrons
shall be situated within 100 feet of any property in any residential or R-B district;
(2) Covered trash containers shall be provided in service areas, and fences, walls or
vegetative screening shall be provided around service areas, except at entrances and
exits, to prevent refuse from blowing onto adjacent properties or streets;
(3) No music or public address system shall be operated in a manner that sound produced is
audible beyond the boundaries of the premises.
Sec. 5-12. – Flags and Flagpoles.
(a) On a lot developed with a single-family dwelling or two-family dwelling, the height of a flagpole is
limited to 25 feet. On a lot developed with a principal use other than a single-family dwelling or
two-family dwelling, the height of a flagpole is limited to 60 feet.
(b) Flagpoles, whether freestanding or attached to another structure, may be located no closer than
five feet from any front lot line or street line and are subject to the side and rear setback
regulations for accessory structures in Sec. _._.
(c) A maximum of three (3) flags are permitted per lot.
(d) The Town Council may approve an increase in flagpole height in accordance with special use
permit process.
Sec. 5-13. – Homestays.
(a) Applicability. The supplemental regulations set out in this section shall apply to any homestay
establishments permitted by this appendix, by right or by special exception.
(b) Registration and other requirements.
(1) No host occupant shall operate a homestay or advertise a residential property for homestay
use without first registering and obtaining a permit for homestay with the town.
(2) The host occupant shall register with the finance department to collect and remit the town's
transient lodging tax and other applicable fees and taxes as set forth in chapter 86, taxation.
(3) The registration shall be valid from January 1st (or from whatever date the registration first
occurs) through December 31st of the calendar year, and shall be renewed annually.
(c) Use regulations.
(1) The dwelling shall be the primary residence of the host occupant. Provided the host
occupant meets the definition of primary residence, there shall be no limitation on the
number of rental days in a calendar year.
(2) Rooms shall be rented only on a daily or weekly basis. Stays shall not exceed fourteen
(14) days. The minimum contract rental period for the guest party shall be 24 hours.
(3) The maximum number of adult guests in a homestay unit is limited to six (6). There shall
never be more occupants than permitted by the Virginia Uniform Statewide Building Code.
(4) The principal guest of a homestay unit shall be at least eighteen (18) years of age.
(5) No outdoor signs in conjunction with the homestay shall be displayed on the property.
(6) No recreational vehicles, buses, watercraft, personal utility trailers, or recreational
equipment trailers shall be parked on the adjoining street or on the property in conjunction
with the homestay use.
ARTICLE VI. – DEVELOPMENT STANDARDS
89
DIVISION 7. - SIGN REGULATIONS
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.
(9) These regulations are not intended to and do not restrict, limit or control the content of any sign
message.
(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) 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 that are connected at the top and separated at the base.
(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 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 Zoning Administrator may make a determination that the portion facing the
parking area may be considered the building frontage.
ARTICLE VI. – DEVELOPMENT STANDARDS
90
(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) Directional sign, on-premises. An on-premises sign designed to guide pedestrian or vehicular
traffic on the site by using words such as "Entrance," "Exit," "Parking," "One-Way," or other
similar directional language and which sign may contain the name of the establishment or its
commercial logo in addition to the directional language.
(12) 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.
(13) Feather sign. A lightweight temporary sign mounted along one edge on a single, vertical,
flexible pole the shape of which may resemble a sail, bow, or teardrop.
(14) Flag. Any generally rectangular or triangular single piece of fabric or other pliant material,
regardless of content, attached to a flagpole only along one straight side.
(15) 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.
(16) 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.
(17) Fuel pump sign. A sign affixed to the top of a fuel dispenser.
(18) Ground sign. A freestanding sign, other than a pole sign, placed upon or supported by the
ground independently of any other structure.
(19) 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.
(20) Illuminated sign. A sign with artificial light projecting through the face or portions of the face or
directly shining on the face.
(21) 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.
(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.
(26) Noncommercial speech signs. A temporary sign associated with a residential use that
expresses noncommercial speech such as public community events, religious, political, social,
ARTICLE VI. – DEVELOPMENT STANDARDS
91
or other philosophical messages, which is attached to a structure or placed upon or supported
by the ground independently of any other structure.
(27) 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.
(28) 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.
(29) 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 5-54.
(30) Pennant. Any generally rectangular or triangular sign attached only along one side, not affixed
to a flagpole, and designed to flap in the wind.
(31) 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, and on-site directional signs.
(32) 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.
(33) Portable Sign. Any sign designed and intended to be transported or movable. Such signs are
not attached to a building or anchored within the ground and are capable of being moved easily
from one location to another on its own chassis or by other means. Portable signs may not be
illuminated or include audio equipment. No portable sign may be converted to a permanent
sign. Examples of common features include, but not limited to:
a. Signs with wheels or with wheels removed.
b. Signs with chassis or support constructed without wheels.
c. Signs designed to be transported by trailer, wheels or motorized vehicle.
d. Signs mounted on a motor vehicle for advertising purposes parked off the public right-
of-way, except when the motor vehicle is being used in the normal, routine operations
of the business.
(34) 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.
(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 Town
or any other governmental entity established by the Commonwealth of Virginia.
ARTICLE VI. – DEVELOPMENT STANDARDS
92
(37) 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.
(38) Sign. A presentation of letters, numbers, figures, pictures, emblems, insignia, lines of colors,
or any combination thereof which can be viewed from a public place, a public right-of-way, any
parking area or right-of-way open to use by the general public, 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.
For non-residential developments, this definition is not intended to include private streets or
other privately maintained access ways that do not directly connect to a public street and which
are not visible in the spaces described above.
(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. 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) Sign structure. Any portion of a sign, including the area devoted to message or display, and all
poles, posts, supports, uprights, bracing, framework, border, background and structural trim.
(42) 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. Temporary signs are designed to be
ARTICLE VI. – DEVELOPMENT STANDARDS
93
easily moved and are not illuminated. Examples include, but are not limited to, A-frame signs,
banners, posters, window signs, yard signs, or other moveable signs.
(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 A sign painted directly on the outside
wall of a building, or attached to and erected parallel to the face of a building and supported
throughout its length by such wall of the 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 and Glass Door Sign. A sign that is applied or attached directly to the interior or exterior
of a window or door, or that is suspended from or located within one foot of a window or door,
so that it is visible from any street, sidewalk, or public or private outdoor common space. This
term shall not include merchandise located in a window.
(45) 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. - Standards.
(a) Any sign displayed in the Town of Vinton, shall comply with:
(1) All provisions of this Article;
(2) All applicable provisions of the Uniform Statewide Building Code and all amendments thereto;
and
(3) All state and federal regulations pertaining to the display of signage.
(b) If any two or more sections of the above referenced regulations are in conflict, the provision that
provides the most restrictive standard shall apply.
Sec. 5-43. – General Provisions.
Sec. 5-43.1. – Signs in all districts
(a) All signs shall conform to applicable provisions of the International Building Code (IBC) and all
amendments thereto.
(b) Pennants, streamers, balloons, or other air or gas-filled devices (including inflatable signs) shall be
permitted only for promotion of a new business within the RB, CB, GB, M-1, or M-2 districts, and shall
be removed within 14 days after the opening of such business.
(c) No sign shall be permitted to be nailed or otherwise affixed to any existing sign structure or light pole
unless it is to become an integral part of such existing sign structure.
(d) No sign shall be located, arranged or designed so that it interferes with traffic by any of the following
means: glare; blocking of reasonable sight lines for streets, sidewalks or driveways; confusion with a
traffic control device by reason of its color, location, shape, or other characteristic; or any other means.
If sign is to be placed on a corner lot, it shall be located outside of the visibility triangle, as described
in article V, section 5-11, visibility at intersections, of this appendix.
(e) Except as specifically permitted in the CB district, no portion of any sign or its supporting structure
shall extend beyond the property lines of the lot on which it is located or extend into or project over the
right-of-way of a public street or alley.
(f) No wall sign or other sign shall be attached to or obstruct any window, door, stairway or other opening
intended for ingress or egress or for needed ventilation and light.
(g) No person except a public officer or employee in performance of a public duty shall paste, paint, print,
nail, tack, erect, place or fasten any sign, pennant, banner or notice of any kind within, facing or visible
to any public street or public open space, except as provided for in this appendix.
ARTICLE VI. – DEVELOPMENT STANDARDS
94
(h) A zoning permit shall be required for each sign or for any changes or additions to existing signs.
(i) Window or glass door signs. The total window and glass door sign display area at a given
establishment shall not cover more than 25 percent of the total window and glass door area on the
lot.
(Ord. No. 887, 6-16-2009)
Sec. 5-43.2. - Exempted signs, displays and devices.
Notwithstanding the general rules 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) On-premises Directional signs not exceeding four (4) square feet in sign area, and four (4) feet in
height for freestanding directional signs. Directional signs shall be located at least three (3) feet from
a street line or other property line, with no more than one (1) sign per one-way curb cut and two (2)
directional signs per two-way curb cut.
(b) Signs not exceeding two square feet in area and bearing only property numbers, post box numbers or
names of occupant of premises;
(c) Legal notices; identification, informational or directional signs erected or required by governing bodies;
(d) Integral decorative or architectural features of a building, except for letters, trademarks, logos or
moving parts or moving lights;
(e) Public service signs that do not to exceed 32 square feet in area.
(f) Memorial signs and historical markers pertaining to the site on which they are located, when erected
and maintained by a public agency or not-for-profit organization;
(g) Signs not exceeding four square feet in area providing directions to a public use, provided such signs
contain no advertising matter and are erected and maintained by a public agency or not-for-profit
organization;
(h) Signs placed by a public utility showing the location of underground facilities;
(i) Nonilluminated signs, not more than four square feet in area, displayed on private property for the
direction or convenience of the public and containing no advertising matter, including signs that identify
restrooms, location of public telephones, freight entrances, no trespassing and similar signs;
(j) Signs on the inside of establishments, except those specified in subsections 5-43.2(d), (f), and (g).
(k) Street address signs, not exceeding four square feet in area;
(l) Clocks that display time and temperature through the use of mechanical means or the controlled
display of lights, provided these devices do not display any other message and do not change more
than every five seconds;
(m) Signs displayed on a truck, bus, or other vehicle while in use in the normal conduct of business. This
section shall not be interpreted to permit the parking for display purposes a vehicle to which a sign is
attached or the use of such a vehicle as a portable sign.
(n) All signs placed within public right-of-way, including the Virginia Department of Transportation's
Integrated Directional Signage Program, shall fall under the authority of the town manager or his
authorized agent.
(o) Routine sign maintenance or changing of lettering or parts of signs designed to be regularly changed,
including sign face changes.
ARTICLE VI. – DEVELOPMENT STANDARDS
95
(1) 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.
(p) Uniform Signage, including any sign erected in compliance with the provisions and standards of the
Manual of Uniform Traffic Control Devices (MUTCD).
(q) Wall graphics of an artistic nature and that do not conform to the definition of "sign."
(r) 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 and glass door
coverage requirements of Sec. 5-43.1 of this Article.
(s) 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.
(t) Bulletin boards on which notices of public interest are temporarily posted shall be a maximum 32
square feet in area and mounted on a wall. Bulletin boards shall be excluded only for public uses or
permitted civic uses.
(u) Flags, subject to the regulations in Article V, Sec. 5-12.
Sec. 5-43.3. – 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:
(a) 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.
(b) 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.
(c) Any sign located within a public right-of-way, except for signs displayed by a duly constituted
governmental authority, or those signs for which written authorization has been obtained from the town
manager or his authorized agent.
(d) Flashing or revolving lights, or beacons intended to direct attention to a location, building or service,
or any similar device otherwise displayed that imitates by its design or use, emergency service vehicles
or equipment.
(e) 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.
(f) Animated signs shall not be permitted in any district.
(g) 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, inflatable
signs, or feather flags but excluding flags displayed in compliance with the provisions of Section _._,
the changing of messages on electronic message boards, and rotating barber poles not exceeding six
feet in height and one foot in width.
(h) Signs advertising activities or products that are illegal under federal, state, or town law.
(i) 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 5-43.2(g) of this appendix, or those signs for which written
authorization has been obtained from the town manager or his authorized agent.
ARTICLE VI. – DEVELOPMENT STANDARDS
96
(j) A portable sign, but not including an A-frame sign displayed in compliance with the provisions of this
Article.
(k) 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.
(l) 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.
(m) Commercial signs held or carried to attract attention.
(n) Persons, or Signs placed on mannequins, costumed characters, or similar objects, except in the
interior of a building or a window display.
(o) A sign which is structurally unsafe and hazardous.
Sec. 5-44. – Temporary Signs.
The following temporary signs are allowed but cannot be illuminated, and, unless otherwise stated, do
not require a sign permit:
(a) Temporary signs are permitted provided they meet the standards of this section. The area of any
temporary sign maintained per this section shall not count for the allowable permanent sign area for
any lot or structure.
(1) Unless otherwise noted, all temporary signs shall be located closer than 5 feet from any
street line or other property line.
(b) Signs posted by or under the direction of any public or court officer in the performance of official
duties, or by trustees under deeds of trust, deeds of assignment or other similar instruments. These
signs must be removed no later than 10 days after the last day of the period for which they are
displayed.
(c) Signs that are displayed on a lot or property that is actively marketed for sale, rent or lease, as
follows:
(1) A single building-mounted or freestanding sign is allowed, except that 2 signs are
permitted on a corner lot when each sign faces a different street frontage. Such sign(s)
must be removed within 7 days of the settlement, rental or lease of the property.
(2) Sign(s) located on a property developed with, or planned for development of, a single
family detached or attached dwelling unit, cannot exceed 6 square feet in area and a
height of 6 feet.
(3) Sign(s) located on a property developed with, or planned for development of, a multiple
family dwelling unit cannot exceed 12 square feet in area and a height of 8 feet.
(4) Sign(s) located on a property developed with, or planned for development of, any
nonresidential use, cannot exceed 32 square feet in area and a height of 8 feet.
(d) Signs during active construction or alterations to residential, commercial, and industrial buildings
are permitted, as follows:
(1) For a new residential, commercial or industrial development, one sign per development,
not to exceed 60 square feet in area and a height of 10 feet. For lots containing multiple
road frontages, one additional sign per street frontage is allowed, limited to 32 square
feet in area and a height of 8 feet. All signs must be removed within 14 days following
completion of the construction of the development, as determined by the Zoning
Administrator, and no sign may be displayed for more than 2 years from the date of the
issuance of the first building permit for the development. If construction has not been
completed within this timeframe and building permits are active for the development, a
sign permit is required to allow the continued display of any sign.
ARTICLE VI. – DEVELOPMENT STANDARDS
97
(2) For an individual single family dwelling unit undergoing construction, improvement or
renovation, one sign, not to exceed 4 square feet in area or a height of 4 feet is allowed.
No sign can be displayed before commencement of the improvement or renovation work,
and the sign must be removed within 7 days after the improvement or renovation is
completed with all necessary inspections approved, or within 6 months, whichever is
less.
(e) Noncommercial speech signs on any lot developed with a residential use cannot exceed 12 square
feet in total area and a height of 4 feet.
(1) Noncommercial speech signs do not promote commercial products or services.
(2) Noncommercial speech signs that do not comply with the requirements of this section shall
be subject to the permit requirements, sign area, setback and other provisions of this
chapter. All noncommercial speech signs shall comply with general sign regulations per
Sec. 5-??.
(f) For non-residential uses, temporary signs are permitted as follows:
(1) For non-residential uses located on a lot with frontage on a public right-of-way, building-
mounted and freestanding temporary signs are allowed, not to exceed twenty-four (24)
square feet in total sign area per lot. If freestanding, no more than 2 such signs are
allowed per lot with a maximum height of 4 feet.
(g) For non-residential uses where permitted, window and glass door signs are permitted as follows:
(1) The total sign display area at a given establishment does not cover more than 25 percent
of the total window and glass door area on the lot.
(2) Window and glass door signs are not included in the total permanent sign area
calculation.
(h) For non-residential uses, a single A-frame sign not to exceed 16 square feet in area and a height of
4 feet, is allowed. The sign must also conform to the following regulations:
(1) Signs shall be located within 25 feet of a building or designated site entrance that
provides access to the use, and cannot impede pedestrian or vehicular traffic.
(2) Such signs shall not project over any portion of a street nor shall they obstruct the
sidewalk to less than four feet in width.
(3) All such signs shall be of durable construction, and when displayed shall be anchored in
a manner approved by the zoning administrator.
(4) Such signs shall only be displayed during business hours.
(5) One (1) sandwich board sign is permitted for each business and for shopping centers are
not to exceed a total of 12 sandwich board signs.
(i) Each temporary sign shall be maintained in good, safe condition, securely affixed to a building or the
ground.
Sec. 5-45. – Zoning permits required for signs.
(a) No sign, unless specifically exempted by the provisions of this division, shall be erected or installed
unless a zoning permit for such sign has been issued by the zoning administrator after determination
that such sign conforms to all applicable provisions of this appendix.
(b) No sign containing electrical components shall be erected or installed unless an electrical permit for
such sign has been issued by the zoning administrator after determination that such sign conforms to
all applicable provisions of this appendix.
(c) Other permits may be required, as applicable.