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HomeMy WebLinkAbout6/16/2009 - Regular T Bradley E. Grose, Mayor a Vinton Municipal wilding Robert R.Altice, Councilman 311 South Pollard Street Carolyn D. Fidler, Councilwoman z Vinton,VA 24179 William"Wes"Nance, Councilman (540)983-0607 William E. Obenchain, Jr.,Vice Mayor . 14 Vinton Town Council Regular Meeting Tuesday, Jute 16, 2009 AGENDA Consideration of 6:00 P.M.-VINEVENT AT VINTON MUNICIPAL BUILDING -RECEPTION A, 7:00 P.M. --Roll Call and Establishment of a Quorum B. INVOCATION C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. CONSENT AGENDA 1; Approval of Minutes for Regular Meeting on June 2, 2009 2; Resolution Reappointing Janet Scheid to Roanoke Valley Greenway Committee ACTION: ADOPT RESOLUTION NO. 1828 Resolution Reappointing Fred Swisher and James Childress to Transportation Safety Commission ACTION: ADOPT RESOLUTION NO. 1829 E. AWARDS, RECOGNITIONS, PRESENTATIONS 1,. Police Officers of the Month- Detective Sergeant, Valerie Cummings Detective James M. Testerman Detective Monica McCullough Police Sergeant, Steven Doyle . Letter from FBI Commending Detective Craig Frye and Master Police Officer David Cooper F. CITIZENS' COMMENTS AND PETITIONS G. PUBLIC NEARING 1: Ordinance No. 887--Amendments to the Town of Vinton Zoning Ordinance,Article V; Division 7; Sign Regulations and Article X Definitions a, Staff Report b. Public Comment c. Council Discussion d. Council Action H. TOWN ATTORNEY 1, Repeat Vinton Town Code Section 62-81, Carrying loaded firearms in public places— Ordinance No. 888 I. TOWN MANAGER 1. VML Insurance Program J. MAYOR K. COUNCIL L. ADJOURNMENT NEXT TOWN COUNCIL MEETING: JuneJ6, 2009 at 3:30 p.m. —Public Safety Meeting July 7, 2009— Regular Meeting NOTICE OF INTENT TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT. Reasonable efforts will be made to provide assistance or special arrangements to qualified individuals with disabilities in order to participate in or attend Town Council meetings, Please call (540) 983-0607 at least 48 hours prior to the meeting date so that proper arrangements may be made. WORK SESSION I New World Software for CAD and Records Management— Presentation by Vinton Police Department 2. BobCOP Presentation--Vinton Police Department 2 MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, JUNE 2, 2009 IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. MEMBERS PRESENT: Bradley E. Grose, Mayor Robert R. Altice Carolyn D. Fidler William W. Nance William E. Obenchain, Jr. STAFF PRESENT: Chris Lawrence, Town Manager Elizabeth Dillon, Town Attorney Darleen Bailey, Town Clerk Consuella B. Caudill, Asst. Town Manager Barry Thompson, Finance Director/Treasurer Anita McMillan, Planning Director Beth Austin, Human Resources Manager Mike Kennedy, Public Works Director Herbert Cooley, Police Chief Gloria Morgan, Administrative Clerk Valerie Cummings, Police Sergeant Mark Vaught, Police Lieutenant Bill Sankbeil, Master Police Officer Agenda A. 7:00 P.M. — Roll Call and Establishment of a Quorum B. INVOCATION —Judith Joness -Associate Pastor at First Church of God C. PLEDGE OF ALLEGIANCE TO THE U. S. FLAG D. CONSENT AGENDA 1. Approval of Minutes for Regular Meeting of May 19, 2009 2, Resolution Reappointing Brad Grose to the Roanoke Valley Alleghany Regional Commission ACTION: ADOPT RESOLUTION NO. 1825 1 Resolution Transferring Police Grant Funds for the Local Law Enforcement Block Grant to Provide Police Officers with Micro-Cassette Recorders ACTION: ADOPT RESOLUTION NO, 1826 E. AWARDS, RECOGNITIONS, PRESENTATIONS 1 Virginia General Assembly Joint Resolution No. 466 Honoring First Responders on April 16, 2007 at Virginia Tech F; CITIZENS' COMMENTS AND PETITIONS G. PUBLIC HEARING 1. Ordinance No. 885—Proposed Water Rate Increase of 10% Ordinance No. 886— Proposed Wastewater Rate Increase of 10% a. Staff Report b. Public Comment C. Council Discussion d. Council Action H OLD BUSINESS 1. Ordinance No. 882 Raising Meals Tax from 5% to 6% 2, Ordinance No, 883 Implementing $.30 per pack Cigarette Tax 3. Ordinance No. 884—Adopting Budget for FY 2009-2010 1. TOWN ATTORNEY J. TOWN MANAGER 1. Vinton Business Center 2. Skate Park Ramps— Resolution No. 1827 K. MAYOR L. COUNCIL M. ADJOURNMENT WORK SESSION 1, Downtown Revitalization Status Mayor Grose called the regular meeting to order at 7:00 p.m. Roll call, invocation Following roll call, Associate Pastor Judith Joness from the First and Pledge of Alle- Church of God, gave the invocation and Council Member Wes Nance giance to U.S. Flag. led the Pledge of Allegiance to the U.S. Flag. Mr, Altice moved to approve the consent agenda, The motion was Approved Consent seconded by Mr. Nance and passed with all in favor, Agenda The Mayor reported that Chief Cooley had received correspondence from State Delegate, Dave Nutter, expressing appreciation to the Vinton Police Department and all of the first responders at Virginia Tech on April 16, 2007. He also forwarded a copy of the House Joint Resolution 466 honoring all those who responded to the tragic event. The Town Manager advised that the public hearings on proposed Held public hearing Resolution No. 885 authorizing a 10% rate increase on water service and adopted ordi- and Resolution No. 886, authorizing a 10% rate increase on nancees approving a wastewater service would be held together but would be voted on 10% increase in water separately. and sewer service rates, Mayor Grose opened the public hearing at 7:05 p.m. and Mr. Lawrence gave the staff report. He noted that the Town has sold less water this year than in the past and revenues from system development fees have dropped which has resulted in substantially less Utility Fund revenues coming in. Mr. Lawrence pointed out that another cause for lower Utility Fund revenues was because the 2 Town's weer and sewer rags are not structured to bring in adequate- revenues-to make needed upgrades, to cover the debt service, or for future investments that may be needed. He noted that this year's budget gap for the Utility Fund is $500,000 that will be bridged by cutting funding including capital funding and by raising water and sewer rates by 10% beginning on January 1, 2010. Mr. Lawrence advised that the proposed rate increase would generate approximately $120,000 and would be the first step in planned rate increases over a five-year period. The Town Manager reported that even with these measures, it will also be necessary to dip into the surplus funds in order to balance the proposed budget. The Town Manager pointed out three different customer types and how the rate increase would affect each: for those customers who are on the low side, they would pay $1.00 to $2,00 more per month; for those at the mid point„ the increase would be about $2.00 to $3.00 per month„ for those customers on the high end, the increase would be in the $6.00 range per month. He went on to say that because the Town bills bi-monthly, the customers' water and sewer bills would reflect double those amounts. Mr. Lawrence advised that the rate increase had been advertised as required but the Town has not received any feedback from the public. There was no response to the Mayers call for public comments. Mr; Lawrence explained that the 10% increase would begin starting January 1 but would not be billed until March. Mr. Thompson added that the first business billing would be in February. Mr. Obenchain pointed out that the Public Works Director had been telling Council for years that the water and sewer lines were old and many were in need of being replaced. Mr. Kennedy advised that approximately' 5,000,0 0 over the next 25 years would be needed to make necessary improvements in the water and sewer systems.. Mr t benchain,stressed that the Town is going to have to begin making preparations for those improvements. Mr, Mabe asked how Vinton's rates compared to the County's rates. Ms. Fidler replied that the Town tries not to make comparisons with other localities because the Town bases its rate on what it costs to provide citizens with water and sewer service. Mr. Altice noted that the County does not provide water and sewer services to their customers, the Western Virginia Water Authority provides those services to Roanoke County and to Roanoke City. Mr. Lawrence advised Mr. Mabe that the Town's rates are lower than the Western Virginia Water Authority's rates for water and sewer. Mr. lance stated that no one wants to have to raise the rates but when the Town has to delay improvements to the system because there are no 3 funds to pay for them and the Town has to pull from the surplus fund account to balance the budget, it is inevitable that rags will have to increase: He went on to say that if revitalization in the downtown area is going to happen, the infrastructure has to be thereto allow for the improvements that need to occur. Ms. Fidler commented that if the Town does not make the needed improvements to the systems, the state will eventually mandate it. Mayor Grose stressed that it would be irresponsible for the Town to not make the improvements that insure the Town's utility customers get the service they pay for. The Mayor closed the public hearing at :20 pm. Mr, Obenchaln moved to adapt proposed Ordinance No. 88 approving a 10% increase in the Town's water service rate_ The motion was seconded by Mr. Nance and approved unanimously on a roll call vote. Ms. Fidler moved to adopt proposed Ordinance No. 886 approving a 10% increase in the Town's waste water service rate. The motion was seconded by Mr. Obenhain and passed with a unanimous roll call vote; Mayor Grose asked the Town Attorney whether Council could Chid not adopt Ord- discuss the two ordinances that would authorize a meals tax increase inance No. 882 en- and implement a cigarette tax, at the same time and Ms. Dillon acting meals tax in- responded that they could be discussed at the same time as long as crease. Adopted Ordi Council acts separately on the two ordinances. nance No. 883 im- plementing cigarette The Mayor noted that this year, the budget process had been the tax. most difficult since he had been on Town Council. He complimented and 'thanked staff: for their efforts to get the budget balanced and assembled and for the personal sacrifices they made to do it. Mayor Grose stated that when he leaves Council Chambers tonight after adopting a budget, he would fully support it and felt convinced that Council was heading in the right direction. He stated his preference that the Town not increase the % meals tax because of the past and current efforts to attract restaurants to the Town. With regard to the cigarette tax; the Mayor pointed out that the amount of revenue from the cigarette tax was an unknown as Council has been given very high numbers for the volume of cigarettes sold in the Town, much higher than is generated by the tax in other similar localities. He recommended either a $0.20 or$0.25 tax per pack. He 4 went on to say that he would support $0.30 tax if necessary. Mr. Altice commented that Council needs to approve both taxes in order to balance the budget and that it would probably have to be cut again by the middle of the budget year. Ms. Fidler stated that she would support a $0.30 per pack tax on cigarettes but preferred not to raise the meals tax. She added that she would support Council's decision on the two taxes. Mr. Nance stated that he liked to think of himself as a low tax, small government type of person and did not want to have to vote for either tax increase but knew Council needs to increase revenues in some ways He further stated that Council needs to balance the budget in the most palatable and reasonable way. He noted that he was aware that the increased taxes can hurt businesses but did not want to see that happen and expressed doubts that the cigarette sales numbers given to Council are accurate. He also advised that he did not support the meals tax increase and would like to set the cigarette at $0.1 to $0.20 per pack. Mr. Obenchain recommended that the cigarette tax be set at $0.20 per pack but expressed reservations about raising the meals tax. Mayor Grose asked if the budget could be balanced if the meals tax is not increased and the cigarette tax of $0.20 per pack is implemented. The Town Manager replied that if the projection for the sales are somewhat close to $2.5 million or evert if they are in the $1.5 million range, it appears on paper that the budget would balance. He went on to say that there was no way to confirm the sales numbers or their accuracy. He added that staff will pay very close attention to the numbers on a monthly basis and will report back to Council on a quarterly basis. He further added that if the numbers are lower than what has been projected, Council will have two choices: decide how to raise revenues or to cut expenses. He pointed out that any further cutting of costs would impact services and employees. Mr. Altice noted that there would be administrative casts to implement the cigarette tax as well. He also made the point that if either the proposed meals tax is not raised, or the amount of the proposed cigarette tax is reduced from $0.30 per packs the budget will not be balanced. Mr. Thompson asked about the options if staff finds the cigarette tax cannot be implemented by August 1st and Ms. Dillon replied that if 5 that happens, Council could delay the effective date. Mr. Obenchain asked if it would be possible to increase the meals tax at a later date if they find it necessary to do so and also asked hew long would it take for the revenue would begin to come in. The Town Attorney responded that a public hearing would have to be advertised and held but the tax can, be increased at any time. Mr. Thompson estimated that he could implement the tax very quickly as the businesses had advised him that the process is automated and they would only have to adjust their cash registers; probably within 30 days after the ordinance is passed. Mr. Nance commented that if necessary; revenue could be pulled from the surplus fund account. In response to a question from the Mayer on how to proceed with the meals tax since it was apparent that the majority of Council does not want to increase it, Mr. Lawrence explained that Council could just not take action on the ordinance or they could take action to deny the ordinance, either way would be effective. The motion died for lack of action. Mr. Obenchain asked if it would be possible to add another amendment that would allow the tax to increase to $0.30 if the revenues from the sale of cigarettes are not what has been projected. Ms. Dillon replied that it could be added to the ordinance but it would make the ordinance more cumbersome. Mr. Obenchain and Mr. Dance both stated that they want to be assured that the revenues from the tax would be monitored so that if the revenues are lower than projected in January, they would have the option to increase the cigarette tax rate. Mr. Thompson assured Council that he would keep them updated on the cigarette tax and the amount of revenue it is generating. Mr. Obenchain recommended that Council be given monthly report for at least the first six months. Ms. Fidler moved to adopt the amended Ordinance No. 883, implementing a cigarette tax of$0.20 per pack with the effective date of August 1; 2009. Mr. Nance seconded the motion that passed with the following -1 voter Mr. Altice No Ms. Fidler Yes Mr, Nance Yes Mr, Obenchain Yes Mayor Grose Yes Before the Mayer called for a motion to adopt the proposed budget Adopted Ordinance for FY 2009/2010, Mr. Lawrence advised that it was necessary to No. 884 approving FY 6 clarify in the record that the budget would be amended to reflect that 2009/2010 budget the meals tax would not be increased as proposed and that the amount of cigarette tax revenue would increase to $258,000 which would cover the proposed 1% meals tax revenue (meals tax revenue would be reduced by $140,000 and cigarette tax revenue would be increased by $140„000). Ms. Fidler moved to adopt proposed Ordinance No. 884 approving the FY 2009/2010 budget. The motion passed on the following 4-1 vote; Mr.Altice No Ms. Fidler Yes Mr. lance Yes Mr. Obenchain Yes Mayor Grose Yes In response to a question from the Mayor can what he needs to do Discussed F 7I re- with regards to the fact that emails he has received on his laptop quirements have filled up his mailbox. Ms, Dillon explained that the Library of Virginia has set up regulations for retaining public records for certain periods of time and errmails are considered public records in the same way that all other records are, Mr. Lawrence advised that staff would be glad to show Council hove to archive their emails. She explained what could be trashed and chat needs to be kept. Ms,- Caudill clove a report on the Vinton Business Center. She Report on sign for advised that she had been working with Roanoke County staff who Vinton Business had come up with renderings of signs for the Business Center. The Center Assistant Town Manager advised that Town's share of funding to pay for a sign at the Vinton Business Center had been cut from the current budget's CIP during the mid-year budget cuts. (Roanoke County would responsible for one-half of the cost of the sign.) She noted that in recent conversations with Roanoke County and from information in the Corridor Study, it had been pointed out that a sign is needed to give identification and prominence to the Business Center. She reported that Town staff agreed that the Business Center does need a sign and requested that funding from some of the line items in the current budget that had not been spent, be transferred to the VBC capital account line item. Ms. Caudill advised that $15,000 had been transferred to cover the cost of the Town' share of the sign. She pointed out that the original cost estimate for the sign that was done two years ago was $12,500 but had increased since then. 7 Nis. Caudill reported that two renderings of four signs done by Roanoke County staff were selected for Council to review: She asked them to lot her know which sign they preferred She asked them to also let her know if they do not approve of either sign. Ms. Caudill added that County staff continues to work on other ideas for the sign, Mr. Nance asked about directional and informational signage and a uniform way of doing it as a signature for the Town and Ms. Caudill replied that the P.D. , is working on renderings for wayfinding signs for the Town. She added that wayfinding signage would be different from the Vinton Business Center sign. Ms. Fidler recommended using rock similar to what was used in the Parkway Bridge so that it would be tied into the Blue Ridge Parkway. Mr. Lawrence stated that even though he is authorized by Council to transfer amounts up to $5,000 from any one line item, he just wanted Council to be aware of how the money was put back into the budget and to be assured that Council agreed with this. Ms. Caudill reported that Mr. Nance and staff members has been Adopted Resolution working with the Skateboard Advisory Committee regarding No. 1827 authorizing alternatives for the skate park. She advised that Mr. Brendan Mogan, the conveyance of g a member of the committee, had been working behind the scene to skate ramps to Re- make connections and to get the Committee's 501 8C in place so newanation they could take ownership of the ramps. She stated that Mr. Hogan was able to work with "Renewanation", a Roanoke based nonprofit organization, who is interested in doing some type of skate park facility on grange Avenue. Ms. Caudill stated that staff consulted with the Town Attorney regarding the process for donating the Town's skate ramps to this non-profit organization. She noted that copy of the agreement to transfer ownership of the g amps was in their meeting package. The Assistant Town Manager assured Council that when Renewanation takes over possession of the skate ramps, the Town would give up all ownership and responsibility for them. Mayor Grose commented that he feels this would be a good resolution to the situation: He thanked Mr. Dance, staff and the committee that worked on this issue. Mr. Nance commended Nis. Caudill who put in much time and effort into finding a place where the ramps can be used as they were Intended. Mr. Obenchain asked for assurance that this organization can legally take ownership of the ramps according to state law. Ms. Dillon replied that the State Cody: allows the Town to donate personal 8 property, real property or monies to a charitable institution that's within or without the Town's limits if the institution provides services to the Town's residences. She noted that the Town would not be able to give them to an organization that is controlled by a church. She stated that they have represented in the agreement that they are such a charitable organization and intend to provide the ramps for use by children to use in the same way the Town was providing them. Mr. Nance moved to adopt proposed Resolution No. 1827 authorizing the Town Manager and/or the Mayor to convey and donate 9 skate ramps to Renewanation pursuant to the 'terms and conditions contained in the agreement. The motion was seconded by Mr. benchain and passed unanimously on a roll call vote. Mayor Grose extended his condolences to Mr. Pat Patterson on the Comments from the passing of his sister. He thanked staff for all their efforts in putting Mayor and Council the budget together and for the sacrifices they made. He commented that they are very professional and are dedicated to the Town of Vinton. He also commented that officials in other localities are aware of the Town's duality staff and the excellent work they do, He mentioned the Downtown Devitalization meetings that have recently begun. He stated that these meetings have the possibility of leading to a grant that will allow the Town to proceed with planning projects for revitalizing the downtown area. He noted that this is a critical time for Vinton because of the challenges it is facing. He urged citizens and staff alike to stay engaged and to remain positive as we approach the downtown revitalization. Ms. Fidler commented on a couple of meetings at the Warr Memorial and that she had received many comments from attendees who were very impressed with the War Memorial and want to use the facility for future meetings. She stated that she hopes that those people in Town who had not supported the War Memorial improvement project„ will come to see the building and find out what it is doing for the Town, Mr. Nance reiterated the Mayor's remarks and apologized for not being able to attend the Downtown Revitalization Meetings as he was out of Town. Lieutenant Mary Vaught introduced the Town the Cladetown Neighborhood Watch Croup who had met for the first time on the previous evening: Harriet Childress, a citizen from the Cladetown area, thanked the Town employees who helped save the Craig 9 Avenge Center, The Mayer invited everyone present to attend the next Town Council Meeting on June 16th. He adjourned the regular meeting at 8:35 p.m. APPROVED Bradley E. Grose,Mayor XrTEST Darleen R. Bailey, Town Clerk 10 RESOLUTION NO. 1828 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, .TUNE 16, 2009, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING LOCATED AT 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. WHEREAS, according to the By-laws of the Roanoke Valley Greenway Commission, three members from each of the participating political subdivisions are appointed by the governing bodies to serve terms of three years; and, WHEREAS, the three-year term of Janet Scheid on the Greenway Commission will expire on June 30, 2009; and, WHEREAS, Janet Scheid., who resides at 1453 Wolf Creek Drive, was contacted and has agreed to serve another terin on the Roanoke Valley Greenway Commission subject to re-appointment by Town Council. NOW,THEREFORE, BE IT RESOLVED, that the Vinton Sown Council does hereby appoint .Janet Scheid to serve a three-year term on the Roanoke Valley Greenway Commission that will run from July 1, 2009 through June 30, 2011 This resolution adopted by motion made by Councilmember-, and seconded b) Councilinember with the following votes recorded: AYES: NAYS: ADOPTED: Bradley E. Grose, Mayor. ATTEST: Darleen R. Bailey, Town Clerk RESOLUTION NO. 1829 AT A REGULAR MEETING OF VINTON TOWN COUNCIL HELD ON TUESDAY, ,TUNE 16, 2009, AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING,311 SOUTH POLLARD STREFI',VINTON,VIRGINIA. WHEREAS, the three-year terms of Fred L. Swisher and James W. Childress,11, on the Vinton Highway Safety Commission, expired on February 4, 2009; and, WHEREAS, according to the Highway Safety Commission's By-laws, members are appointed for three-year terms by the Town Council and may be appointed to succeed themselves in office; and, WHEREAS, Mr. Swisher and Mr. Childress have been contacted and are willing to continue serving on this Commission, subject to reappointment by Town Council. NOW, THEREFORE, BE IT RESOLVED, that the Vinton Town Council does hereby reappoint Mr. Swisher and Mr. Childress to new three-year terms on the Vinton Highway Safety Commission that will run from February 5, 2009 through February 4,2011 This Resolution adopted on motion made by Council Member and seconded by Council Member with the following votes recorded: AYES: NAYS: ADOPTED: Bradley E. Grose,Mayor ATTEST: Darleen R. Bailey, Town Clerk 0 , Vinton Police Department lot ' t 311 SOUTH POLLARD STREET VI ITO , VIRGINIA,24179 HERBERT G.COOLEY CHIEF of POLICE PHONE (540)983-0617 U" FAX (540)983-0624 " 1884 June 11, 2009 To Valerie L. Cummings, Detective Sergeant James M. Testerman, Detective Monica L. McCullough, Detective Steven M. Doyle, Patrol Sergeant From: Herbert C. Cooley, Chief of Police Re: Officer of the Month Congratulations! You have been nominated and selected as co-officers of the month for the month of May 2009 for the following: Can May 15, 2009 theStop-in Gus dicks Blvd. was robbed at gun point. I watched with pride as each of you worked tirelessly over the next two weeks to solve this case. You worked night and day, following every least, locating and interviewing witnesses, there developing, locating and interviewing suspects. The end result was that two men were arrested for the crime, both giving full confessions. This type of crime is rare in Minton, and it was gratifying to see you work together like seasoned veterans to solve it quickly, I appreciate your teamwork approach, your dedication to your job, and your dogged determination to bring these criminals to justice. Thank you and keep up the good work! Herbert G. Cooley, Chief of Police CC Mayer and Members of Council Chris Lawrence, Town Manager Beth Austin, HR Director Benjamin L. Cook, Lieutenant Marcus A. Vaught, Lieutenant Board U.S.-Department of justice Federal Bureau of Investigation In Reply,Please Refer to P.O. Box 1562 File rev_ Roanoke, Virginia: 24007 (540) 344-55 1 May 28, 2009 Chief Herb Cooley Vinton Police Department 311 S Polla.rd Street Vinton; Virginia 24179 Dear Chief Cooley: Recently, the Roanoke office of the Federal Bureau of investigation, Richmond Division, was asked to provide assistance on a local attempted kidnaping matter.. We were more than happy to provide any assistance we possibly could to help resolve this matter, As we began looking into this case, it became clear that two officers from your department provided invaluable service which _led directly to its successful resolution. The actions and input of Master Police officer David J. Cooper and Detective Craig R. Frye were indeed excellent. You should be very proud of the exemplary work of these two mega. They serve as a fine tribute to the hard work, dedication and. professionalism of all the men, and women of the Vinton Police Department that we in the FBI have come to enjoy over the gears. Please pass along my personal heartfelt congratulations to Master officer Cooper and Detective Frye. We look forward to continuing to work with these fine gentlemen as well. as everyone in your wonderful. department. Sincerely yours, Kevin L. Foust Supervisory ,Senior Resident Agent ACTION NO: Ord, 887 ITEM NO: G.-I TO: TOWN MANAGER'S OFFICE FROM; Karla D. Turman, Associate Planner DATE: June 11, 2009 SUB,IECT: Proposed Amendment to the Town of Vinton Zoning Ordinance, Sign Regulations and Definitions ISSUE/PURPOSE-. The Planning Commission held a work session on Thursday,March 12,2009,to reconsider the proposed amendments to the Town of Vinton Zoning Ordinance,Article V,Division 7. Sign Regulations. During the work session the Commission reviewed and discussed the proposed amendments to the sign ordinance as presented by Staff, including the changes that were requested by Town Council during a work session on Tuesday, February 17, 2009, Please see attached proposed amendments that will be considered by the Town Council during their public hearing to be held on June 16,2009. Also attached is a copy of the section of the draft minutes from the Planning Commission's March 12 work session. ACTION REQUESTED: Town Council needs to make a final decision on the proposed amendments as recommended by the Planning Commission after comments are received during its public hearing, June 16, 2009. Ordinance No.—is attached for Town Council's consideration. PC RECOMMENDATIONS: The Planning Commission held a public hearing on January 29, 2009, and at the request of Town Council, reconsidered the proposed amendments during a work session on February 17, 2009, and recommended that the proposed amendments to the sign ordinance and definitions be approved by Town Council. CITIZEN COMMENTS- The Planning Commission work session and public hearing on January 29. 2009 were advertised. The Planning Commission work session on February 17, 2009, was advertised, The Planning Commission public hearing was also advertised pursuant to the provisions ol'Section 15,2-2204of the 1950 Code of Virginia, as amended. DATE ACTION NEEDED: Julie 16, 2009 Attachments: Ordinance No. Article V' Division 7. Sign Regulations, Revision Article X. Definitions, Revision LEGAL NOTICE OF PUBLIC HEA. R. ING1 TO Wl-IOM IT MAY CONCERN: Pursuant to the provisions of Section 15.2-2204 of the 1950 Code of Virginia,as amended,the Town Council of the Town of Vinton, Virginia, hereby gives notice of a public hearing to be held on Tuesday,June 16,2009,at 7:00 p.m.; in the Council Chambers of the Vinton Municipal Building, 311 South Pollard Street, Vinton, Virginia, The purpose of the public hearing is to receive comments concerning: The proposed amendments to the Town of Vinton Zoning Ordinance,Article V, Division 7, Sign Regulations and Article X, Definitions. Further information concerning this issue maybe obtained in the Planning Department located at3ll South Pollard Street,Vinton,Virginia 24179, (540) 983-0601. Interested persons may be heard at the above public hearing. Given Linder my hand this 14'h day of May 2009. Christopher l,awrence Town Manager NOTICE OF INTENT TO COMPLY WITH DISABILITIES ACT. Reasonable 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)983-0607 at least 48 hours prior to the meeting so that proper arrangements may be made. ORDINANCE NO. 887 AT A PUBLIC HEARING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JUNE 16, 2009, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING,311 SOUTH POLLARD STREET,VINTON, VIRGINIA. AN ORDINANCE to amend the Vinton Zoning Ordinance No.634 dated December 19, 1995,Appendix B of the Vinton Town Code,ARTICLE V SUPPLEMENTARY-REGUL4 TIONS, DIVISION 7. SIGN REGULATIONS, Section 5-41 through Section 5-56, and ARTICLE X, DEFINITIONS, Section 10-2. THEREFORE,BE ITC RDAINED by the Council of the Town ofVinton,Virginia that the Vinton Town Council does hereby adopt by reference the "ARTICLE V. SUPPLEMENTARY M-iGULATIONS, DIVISION 7. SIGN REGULATIONS, Section 5-41 through Section 5-56,"and **ARTICLE X,DEFINITIONS,Section 10-2,"as recommended by the Town Planning Commission with such change(s) as be incorporated by motion of the Town Council This ordinance adopted on motion made by and seconded by with the following votes recorded: AYES NAYS APPROVED: Bradley E. Grose, Mayor Town of Vinton Attest: Darleen R. Bailey, Town Clerk TOWN OF VINTON, APPENDIX B, ZONING* DIVISION 7. SIGN REGULATIONS See. '541. Purpose, applicability and derinitions. (a) Purl)ose. The purpose of this division is to provide comprehensive sign regulations, which will promote and carryout 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; () 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 traific hazards or other hazards to the community; and (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 over concentration, improper placement and excessive height, bulk, density, and area; (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) .41�plicability. 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 1`6rth 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) Sigyn 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. (2) Sign, animated Any sign having a conspicuous and intermittent variation in illumination, message or physical position of any or all of its pails. 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) Sign, 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. (4) Sign, billboard. A sign used as an outdoor display for the purpose of advertising or promoting a business, service, activity or product which is not located, offered for sale or otherwise related to use of the premises on which such sign is situated. A "billboard sign" may also be referred to as an "off-premises sign," (5) Sign, electronic message board, 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 oil which the message screen may not change more frequently than every five seconds. The message may scroll no more than 10 words in a sequence, and must-remain-static for a minimum of five seconds before changing. The message shall not flash. (6) Sign,fteestanding. 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, (7) Sign;,fzielptttnl)acce,v.vory, A sign attached to a gasoline pump or to the island in which the gasoline pump is located, which identifies acceptable methods of payment or other important information related to the use the pumps and sale of fuel. These signs may not contain any advertising matter for the gas station or its products, (8) Sign,fitelptonp topper. A sign located on the top of gasoline pumps, which may display the price per gallon of gasoline or advertisements for products sold on the premises. (9) Sign, historic site. A sign erected and maintained by a public agency, or non-profit 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. (10) Sign, movable merchandise. A sign which is not attached to a building or anchored within the ground and is capable of being moved easily from one location to another on its own chassis or by other means, which bears advertising matter for products which are sold on the premises. No movable merchandise sign may be converted to a permanent sign unless a new zoning permit is issued pursuant to Section 5-56 of this appendix. (11) Sign, noncom brming. 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: (1 } Sign >ff- reinises, 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. (13) Sin permanent 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 sighs, awning and canopy signs,permanent window or door signs, and on-site directional signs. (14) Sign;pot-table, A sign consisting,of a fixed message or a changeable message panel, and which sign is not attached to a building or anchored within the ground and is 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. (15) Sign,projecting. 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, (16) Sign,public service. A sign advertising a fair, carnival, festival, or similar event when conducted by or for the benefit of any civic, religious,educational, or charitable cause; provided that the sign shall be displayed no longer than twenty-one (2`1) days per calendar year: (17) Sign, temporwy campaign or election. A sign announcing or advertising apolitical campaign, candidacy for public office, a matter to be vetted on at public election, or similar activity of`a temporary nature. (1 ) Sign; wall, 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 13 inches from the building, and the message portion of which is parallel or nearly parallel to the surface to'which the sign is attached. (I ) Sign window and door. 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(1) foot of a window or door; so that it is visible front any street, sideway, or public or private outdoor common space: This term shall not include merchandise located in a window. The window sign area shall be the total area of"the imaginary rectangles contiguous to and surrounding each worts, picture, logo, logotype, symbol,banding, or graphic. (20) Sign area. The area of the smallest individual rectangle, triangle or circle or combination of not more than two contiguous rectangles; triangles or circles which will encompass all elements of the sign which form an integral part ofthe display, including background, borders and structural trim, 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. (21) 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. (Ord. No. 754, 8-21-0 1) See. 5-42. Exempted signs, displays and devices. The following signs, displays and devices shall be exempted from the regulations contained in this dig iS1011. (a) Signs not exceeding one square foot in area and bearing only property numbers,post box numbers or names of occupant of premises; (b) Flags and insignia of a governmental unit except when displayed in connection with commercial promotions, and decorative flags or banners containing no advertising, commercial logo or message and not displayed as part of a commercial promotion or in connection with any presentation otherwise considered a sign; (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. (1) 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) Non-illuminated 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 rest rooms, location of public telephones, freight entrances, no trespassing and similar signs, (1) 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; (k) Signs on the inside of establishments, except those specified in sections 5-43.2(d), (f), and (g). Signs located closer than twelve(12) inches from any window or door, whose main purpose is to draw attention to a message, or business, commodity, activity, service or product conducted, sold, or offered upon the premises, shall not be exempted. (I) Signs displayed on major holidays; (m)Street address signs; not exceeding four square feet in area; (n) 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; (o) 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.: (p) all suns placed within public right-of-way, including the Virginia Department of'1"ransportation' Integrated Directional Signage Program,shall fall under the authority of the Town Manager or his authorized agent. (Ord. No. 754, 8-21-01)` Sec. 5-43. General previsions. 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, sandwich-board type suns and balloons or other=air or gas-filled devices shall be permitted only for promotion of a new business within the RB, CB, GB, M-1, or -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 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, Vh' ibility at intersectionv, 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. (1) 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. (h) Withinthe CB, GB, M-1, and M-2 districts, and at shopping centers, the zoning administrator may issue permits for movable -frame or "sandwich board" signs to be placed on private property unless permitted on the town sidewalks or right-of-way in locations approved by the zoning administrator: Such suns shall not project over any portion of a street nor shall they obstruct the sidewalk to less> than four feet in width. Within the GB, M-1 and M-2 districts, such signs shall not be greater than six feet in height or two and one.-half feet in width. Within the CB district, such signs shall not be greater than four feet in height or two and one-half feet in width. All such signs shall be of'durable construction, and when displayed shall be anchored in a manner approved by the zoning administrator_Such signs shall only be displayed during business`hours. Within the CB, CAB, M_1 and _2 districts, one sandwich board sign is permitted for each business and for shopping centers are not to exceed a total of 12 sandwich board signs. (i) For gasoline service-stations, self-service gasoline stations or convenience stores located within the C.13 district, GB district, M-1 and M-2 districts, and at shopping centers, the zoning administrator may issue a permit for the following signs: (1) Movable merchandise.sign. Such sign shall not project over any portion of a street nor shall it obstruct the sidewalk to less than four feet in width. Such sign shall not be greater than six feat in height or two and one-half feet in width, shall be of durable construction, and shall be anchored in a manner approved by the zoning administrator. Within the CB, GB, M-1 and M_2 districts, one movable merchandise sign is permitted for each gasoline station or convenience store. For gasoline stations located within shopping centers,the movable merchandise sign shall be counted towards the total of 12 sandwich board signs which are allowed for the shopping center. Such signs shall not be required to be taken in after business hours. (2) l`uel pump acces.sor)t sign. Not more than two such signs shall be permitted to be displayed per each gasoline island, with the maximum of one sign being displayed on the end of each gasoline island that is visible from the public right-of-way. Each sign shall not exceed six_square:feet in area. Each sign shall count towards the maximum number of signs allowable in each district. (3) Fuel utnp:trppei-sign, One such sign, not exceeding two square feet in area, shall be permitted for each gasoline pump;station, Sign shall be permanently anchored to the top of the gasoline pump in a manner approved by the zoning administrator. Such sign shall not be counted towards the maximum number of signs allowable in each district,provided that the sign is not visible from the public right-of-way. (j) A zoning permit shall be required for each sign or for any changes or additions to existing signs. (Ord. No. 754, 8-21-01) See, i-43.2. Prohibited signs. (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) Any sign that simulates an official traffic sign or signal, and which contains the words "STOP," 11GO," "SLOW," "CAUTION," "DANGER," "WARNING," or similar words. (f) Animated signs shall not be permitted in any district. (g) Any sign or portion thereof that rotates, or otherwise moves through the use of electrical or wind power, with the exception of the following: (1) The changing of messages on electronic message boards; (2) Rotating barber poles not exceeding six (6) feet in height and one(1) foot in width. (h) Signs advertising activities or products that are illegal under federal, state, or town law. (i) qff-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 Section 5-42 (g) of this appendix, or those signs for which written authorization has been obtained from the Town Manager or his authorized agent. (Ord. No, 754, 8-21-0 1) See. 5-43.3. Illuminated signs. (a) Signs may be illuminated either through the use of backlighting or direct lighting provided the following standards are met: (1) Information on any illumination proposed as part of a sign must be provided by the applicant on the sign permit application, (2) 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. (3) No light from any illuminated sign shall cause direct glare onto any adjoining piece of property or any adjoining right-of-way. (4) Arrows or other directional indicators on a sign may not be illuminated. (b) 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. (Ord, No. 754, 8-21-01; Ord. No. 789, 8-19-03) Sec. 5-4 .4. Damaged or neglected signs. (a) The zoning administrator shall have the authority to order the removal, without compensation, of am sign or sign structure that due to neglect or damage poses a clear danger to the health, safety, and welfare of the public, (b) The town may collect the cost of such removal, obliteration or abatement from the person erecting, using, operating, posting or displaying such signs. (Ord, No. 754, 8-21-01) S 1 ce. 5-43.5. 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; (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; ( ) The sign has been in existence for more than forty(40)years and it possesses integrity of location, design, setting, materials,workmanship, feeling and association, ( ) The sign has been continually displayed for more than forty(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. (t:) A historic sign shall be restored to its original condition. (1) A historic sign shall only be allowed in the following zoning districts: CB, C13, 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. (t rd, '\Io, 825, 10-4-05) :gee. 5-43.6. Obsolete Signs. (a) Signs which have been abandoned or have become obsolete due to closing of a business, change in the nature of the business establishment, or for any other reason rendering the sign non-applicable to the property upon which it is displayed, shall be painted out of otherwise removed by the owner of' the building or premises upon which it is situated within 30 days from the elate of the action that caused the sign to be abandoned or obsolete. (b) Upon failure to comply within the time specified, the zoning administrator is hereby authorized to order painting out or removal of such sign within 30 days of written notification, and any incidental expenses thereto shall be paid by the owner of the building;,structure or lot on which such sign is located. See. : -44. Portable signs. Iortable signs shall be permitted in designated districts subject to the following limitations. (a) Purl)os . A portable sign shall be used only for the purpose of identifying or directing attention to the business, product, commodity or service conducted, sold or offered on the same lot where it its located. (b) .Size, location and lighli t . Portable signs shall not exceed 32 square feet in area. No portable sign shall be located within five feet of any street right-of-way, tither property line or any driveway. No portable sign shall be illuminated. (c) Number cif:signs, Not more than one portable sign shall be permitted on a lot, except additional portable signs shall be permitted within a shopping center when spaced not less than 200 feet apart and when not more than one such sign is erected for a particular business. (d) Duration anci frequenccv. No portable sign shall remain on a lot for a period exceeding-20 21 days at a time, nor shall portable signs be placed on a lot more frequently than six times in a calendar year. (e) Permits required, A zoning permit shall be required for each portable sign. (Ord. No. 754, 8-21-01) See. 5-45. Banner signs. Banner signs shall be permitted as temporary signs in designated districts subject to the following hinitations. (a) Purl)ose, A banner sign shall be used only for the purpose of identifying or directing attention to the business, product, commodity or service conducted, sold or offered on the same lot where such sign is located. (b) Area and manber. (1) The total area of all banner signs located on a lot at a time shall not exceed: Linear feet of Maximum square building frontage on feet of banner sign the lot area 0--75 30 76-125 --60 _126 or greater 100 (2) Akfaxinnan number of banner signs. Not more than one (1) banner sign shall be permitted on a lot, except that: a. On a building having frontage on more than one street, the maximum permitted area of banner signs shall apply to each frontage, provided that banner signs shall not be attached to more than two building frontages at a given time, nor shall more than one banner sign be attached to any building frontage. In no case shall a banner sign exceed 100 square feet of sign area. b. Where more than one main building is located on a lot, or where more than one business occupies a building, no more than two banner signs may be displayed at one time, per 100 linear feet of lot frontage. In no case shall more than one banner sign be displayed for each business. For lots with a combined width of 33 feet or less along their principal street frontage, the combined surface area of all banner signs for the lot shall not exceed 30 square feet. (c) Duration andftequency. (1) No banner sign shall be displayed for a period exceeding 21 days,nor shall banner signs be displayed on a lot more frequently than six times in a calendar year. (2) Where more than one business is located on a lot, no banner sign shall be displayed on each: business more frequently than six times per year, nor shall any banner sign be displayed for a period exceeding 21 days. (d) Attachment, Banner signs shall be securely fastened in a manner to eliminate excessive movement and billowing and shall be capable of withstanding such minimum wind pressure as determined by the zoning administrator. A banner sign shall be removed immediately if it is not securely fastened or becomes torn or damaged, as determined by the zoning administrator; Banner signs shall be erected a minimum of seven feet above grade, except where mounted flush against the face of a building. (e) Perinit„s required, A zoning permit shall be required for each banner sign. (Ord. No, 754, 8-21-01) Sec. -46. Signs permitted in all districts. The following signs shall be permitted in all districts, and the area of such signs shall not be included in c,dcuiating the maximum permitted area of signs on any lot. (a) Terayoorary sale or lease signs. One or more temporary signs not exceeding an aggregate area of six< square feet pertaining to the sale, rental or lease of the premises on which they are located shall be permitted in the residential coning districts, provided such signs shall not be illuminated. One or more temporary signs not exceeding an aggregate area.of 18 square feet pertaining to the sale, rental or lease of the premises on which they are located shall be permitted in commercial or industrial zoning districts. Any such sign shall be located at least five feet from any public right-of- ay and shall be removed within 14 days alter the property has been sold, rented or leased. Zoning permits for such signs shall not be required. (b) T(,wi orar);construction signs. Not more than three temporary signs not exceeding an aggregate area of qo square feet identifying the use to be made of a-building under construction on the property or identifying a contractor, architect, lending institution or other party involved with such construction shall be permitted, provided such signs shall not be illuminated and shall be removed upon completion or abandonment of construction. Any such sign shall be located at bast five feet from any public-right-way: Zoning permits for such signs shall not be required; (c) On—premises directional signs. Signs directing and guiding traffic on private property, and bearing no advertising natter, when such signs do not exceed eight square feet in area:, If freestanding, such signs shall not exceed four feet in height or be located within three feet of street line or other property line. Zoning permits shall be required for such signs only if they are freestanding,;contain advertising matter and visible from adjacent properties or streets. (d) Signs identi&ing public uses. The following signs shall be permitted for any public awned property to identify schools, parks,playgrounds, community centers and other public uses, subject to approval by the zoning administrator. (1) Identification signs not exceeding in the aggregate 32 square feet in area. Such signs shall be attached flat against a main building or may include one freestanding; (2) Not more than two bulletin or notice boards with an aggregate area not exceeding 32 square feet, (3) Not more than two temporary signs or banner signs in connection with special events taking; place on the premises,provided such signs shall not exceed an aggregate area of 32 square feet or remain on display for more than the duration of the event, plus one week prior to the event. (4) A pole, past or similar structural support for a freestanding sign, including pole covers,with presentation of letters, numbers, figures,pictures, emblems,insignia, lines or colors, or any combination thereof, and which is displayed for the purpose of information; direction or identification or advertise or promote activity, interest or product, or any lawful noncommercial message, should not be considered as part of the sign area: (OrcL No. 754, 8-21-01) Sec. 5-47. Sign regulations in residential districts.; In addition to the regulations generally applicable to signs in all districts, the signs shall be permitted and the 161lowing regulations shall apply in the R-L D, R-1, R-2 and R-3 residential districts; (a) Identification sign. One identification sign not exceeding two square feet in area containing only the name of the premises and/or the occupant, or announcing a-home occupation on the premises shall be permitted on each lot. (b) Ten7por=aty signs. In addition to permitted real estate and construction signs, one temporary civic or public event announcement sign not exceeding four square feet in area shall be permitted on a lot. (c) Signs idenlz&i g residential neighborhoods. A"maximum of 32 square feet in area identifying the name of a residential neighborhood shall be permitted at each principal entrance to the neighborhood: No residential neighborhood shall be allowed more than two signs. Identification signs may include freestanding signs. (d) Subdivision development signs, One subdivision development sign shall be permitted advertising the stile, rental, lease, or trade of more than four lets or dwellings in the subdivision, provided such sign shall be located along a street within or at the entrance to the subdivision and shall not exceed 32 square feet in area, No such sign shall be displayed for longer than one year. (e) Signs identtfyi g no -prgfit organizations, The following signs shall be permitted for religious facilities and any nonprofit organizations: (1) Identification signs not exceeding in the aggregate 32 square feet in area. Such signs shall be: attached flat against a main building or may include one freestanding sign. (2) Not more than two bulletin or notice boards with an aggregate area not exceeding 32 square feet. (3) Not more than two temporary signs or banner signs in connection with special events taking place on the premises, provided such signs shall not exceed an aggregate area of 32 square feet or remain on display for more than the duration of the event, plus one week prior to the event. (f) Signs klenli&ing certain uses. Signs not exceeding aggregate 20 square feet in area shall be permitted identif yin g a townhouse development, multi-family use, nursing home, rooming or boarding house,tourist home or child or adult day care center. Such signs shall be attached flat against a main building or may include one freestanding sign, (g) Pr rest anding signs. The following restrictions shall apply to all freestanding signs permitted by the provisions of this section: (1) No freestanding sign shall exceed a height of eight leet. (2) No freestanding sign shall be located within ten feet of any street line or other property line. (Ord. No. 754, 8-21-01) See. 5-4& Sign regulations in the R-B district, In addition to the regulations generally applicable to signs in all districts, the following signs shall be permittcd and the following regulations shall apply in the R-B residential-business district. (a) Signs permitted in residential districts. Any sign permitted in residential districts as set 1"orth in section 5-47 of this ordinance shall be permitted. In any case where the provisions of this section are less restrictive or permit a sign of greater area, height or dimension than permitted in a residential district, the provisions of this section shall govern, (b) Wall signs. Signs may be painted on or attached flat against a wall of a main building,provided that such signs shall not extend more than six inches beyond the surface of the building wall and shall not be attached to any roof. The total area of all wall signs shall not exceed 32 square feet. (c) Window anct door signs. Signs shall not exceed twenty-five(25)percent of the window or door area to which they are applied or attached, from which they are suspended, or through which they are displayed. No window or door sign shall be placed on the inside or outside of a window or door which will obstruct the view of the cashier and the counter area from the outside, (d) ],°-eeslundingsigns. One freestanding sign shall be permitted on each lot, provided such sign shall not exceed 32 square feet in area or ten feet in height, No freestanding sign shall be located within ten leet of any street line or other property line. (e) Prqjecling signs, One sign, attached to and projecting from the face of the main building shall be permitted for the main building frontage. Signs, including poles or other support structures, shall not project greater than three feet from the face of the building, shall not be closer than two feet from any curb line, shall not exceed 12 square feet in area, and shall provide a minimum under clearance of seven feet, Any such sign shall not extend;above the height of the wall to which it is attached, Signs that extend less than six inches from the surface of the building shall be considered wall signs. (1) Ifortable signs and banner signs. Portable signs and banner signs shall be permitted subject to regulations set forth in this division, ( ) Maximum number gf'signs. Not more than four permanent:signs shall be provided on a lot. (h) Maxinrtrrar permitted sign area. The aggregate area of all permanent signs located on a lot shall not exceed 76 square feet. (Ord,`No. 754, -21- 1) See. 5-49. Sign regulations in GB and M-1 districts. In addition to the regulations generally applicable to suns in all districts, the following signs shall be permitted and the following regulations shall apply in GB general business and M-1 limited industrial districts. (a) }Maximum permitted sign area. For lots with a combined width of33 feet or less along their principal street frontage, the combined surface area of all signs for the lot shall not exceed 50 square feet. for all other lots the aggregate area of all permanent signs located on a lot shall not exceed one and one- half square feet for each linear foot of lot frontage along the street, nor in any case 500 square feet, provided that; (1) In the case of a lot having frontage on more than one street, permitted sign,area shall apply along each street frontage; (2) In the case of shopping center, the maximum area of signs attached to any portion of building devoted to a particular tenant shall not exceed one and one-half square feet for each linear foot of` building frontage devoted to such tenant,nor in any case 500 square feet, In addition thereto; each shopping center shall be permitted freestanding signs subject to the restrictions set forth in paragraph [subsection] tf of this section. (b) !ll1a. irnzim number gfsigns. Not more than five permanent signs shall be provided on a lot except shopping center as defined in article X of this appendix; (1) In the case of a lot having frontage on more than one street, and the main building having multiple tenants, not more than six permanent signs shall be allowed on the lot. a. In no such case shall more than four permanent signs be displayed on a single lot frontage. (c) Wall signs. Signs may be painted on or attached flat against a wall of a main building, provided such signs shall not extend more than six inches beyond the surface of the building wall and shall not be attached to any roof. A Window and door signs. Signs shall not exceed twenty-five (25)percent of the window or door area to which they are applied or attached, from which they are suspended, or through which they are displayed. No window or door sign shall be placed on the inside or outside of a window or door which will obstruct the view of the cashier and the counter area from the outside. (e) Prqjecting signs. One sign attached to and projecting from the face of the main building shall be permitted for the main building frontage, provided that: (1) Signs, including poles or other support structures, shall not project greater than four feet from the face of the building, shall not be closer than two feet from any curb line, and shall not exceed 3)2 square feet in area, (2) Projecting signs with less than 15 feet clearance above the sidewalk shall not extend into or occupy more than two-thirds the width of the sidewalk measured from the building. In no case will a projecting sign be allowed to have an under clearance of less than seven feet; (3) Any such sign shall not extend above the height of the wall to which it is attached; (4) Projecting signs that extend less than six inches from the surface of the building shall be considered wall signs. (1) Awning and canol)y signs. Lettering, symbols and combinations thereof, constituting a sign, may be painted on or affixed to an awning or canopy attached to a main building, when such sign does not extend beyond the extremities of the awning or canopy. (1) One awning or canopy containing a sign shall be permitted to be attached to each building frontage, provided that no projecting sign shall be attached to the same building frontage; (2) Not more than one sign shall be attached to each face of an awning or canopy and no such sign shall exceed 50 square feet, (3) Awnings and canopies with less than 15 feet clearance above the sidewalk shall not extend into or occupy more than two-thirds the width of the sidewalk measured from the building. In no case will an awning or canopy be allowed to have an under clearance of less than seven feet; (4) Stanchions or columns that support awnings and canopies shall be located not less than two feet in from the curb line; (5) Any awning or canopy which is not securely fastened or becomes torn or damaged as determined by the zoning administrator, shall constitute a violation of this article and shall be removed or repaired upon written order by the zoning administrator, (g) Ereestanding sign,s, One freestanding sign shall be permitted along each street frontage of 100 feet or more in length, provided that: (1) No freestanding sign shall exceed 100 square feet in area or 25 feet in height-, (2) No freestanding sign shall be located within 50 feet of any lot in a residential district, or within five feet of any street right-of-way line, other property line or driveway intersecting a street; (33) Where more than one freestanding sign is permitted on a lot as a result of the lot having multiple street frontages, the distance between freestanding signs on the same lot shall be not less than 100 feet; (4) In the case of a shopping center, one freestanding sign not exceeding 200 square feet in area or 35 feet in height shall be permitted when no other freestanding signs are located on the shopping center site or anv adjacent out-parcel or pad site. (h) Portable signs and banner signs, Portable signs and banner signs shall be permitted subject to the regulations set forth in this division. (Ord, No, 754, 8-21-01) Sce. 5-:50. Sign regulations in the CB district. In addition to the regulations generally applicable to signs in all districts,the following signs shall be permitted and the following regulations shall apply in the CB central business district. (a) Maximum permitted sign area. For lots with a combined width of 33 feet or less along their principal street frontage, the combined surface area of all signs for the lot shall not exceed 50 square feet. For all other lots the aggregate area of all permanent signs located on a lot shall not exceed one and half square feet for each linear foot of building frontage along the street, nor in any case 50 square feet, provided that: (1) In the case of a building having frontage on more than one street,permitted sign area shall apply along each street frontage; (2) Where more than one main building is located on a lot, the aggregate area of all signs attached to each building shall not exceed one and half square feet for each linear foot of building frontage along the street, nor in any case 50 square feet; (b) Nall signs. Signs may be painted on or attached flat against a wall or other vertical surface of a building, provided that such signs shall not extend more than six inches beyond the surface of the building wall. Signs attached to the lower plane of a mansard or gambrel roof of a main building shall be permitted as wall signs, provided they are attached flat to the roof surface or parallel to the building wall above which they are located, and shall in no case extend beyond the extremities of the roof surface to which they are attached. (c) Window or door signs. Signs shall not exceed twenty-five (25)percent of the window or door area to which they are applied or attached, from which they are suspended, or through which they are displayed, No window or door sign shall be placed on the inside or outside of a window or door which will obstruct the view of the cashier and the counter area from the outside. (d) 1rojecting:signs. One sign attached to and projecting from the face of the main building shall be permitted for the main building frontage, provided that: (1) Sign, including poles or other support structures, shall not project greater than five feet from the face of the building, shall not extend above the height of the wall to which it is attached, shall not be closer than two feet from any curb line, and shall not exceed 12 square feet in area; (2) Projecting signs with less than 15 feet clearance above the sidewalk shall not extend into or occupy more than two-thirds the width of sidewalk:measured from the building, In no case will a projecting sign:be allowed to provide an under clearance of less than seven feet; (3) Projecting signs conforming to the provisions of this section shall be permitted to extend over the sidewalk portion of a right-of-way of a public street when authorized by the town council and when such signs do not extend closer than two feet from the face of the curb ( ) Projecting;signs that extend less than six inches from the surface of the building shall be considered wall signs: (e) Ai,ning anti canopy signs. Fettering,, symbols and combinations thereof constituting a sign may be painted on or affixed to an awning or canopy attached to a main building when such sign does not extend beyond the extremities of the awning or canopy, and provided that:l (1) One awning, or canopy containing a sign shall be permitted to be attached to each building frontage, provided that no projecting sign shall be attached to the same building:frontage; (2) Not more than one sign shall be attached to each face of an awning or canopy, and no such sign shall exceed 12 square feet in area, (3) Awnings and canopies with less than 15 feet clearance above the sidewalk shall not extend into or occupy more than two-thirds the width of the sidewalk measured from the building. In no case will an awning or canopy be allowed to provide an under clearance of less than seven feet; (4) Stanchions or columns that support awnings and canopies shall be located not less than two l ct in from the curb line; (5) Awnings or canopies containing signs conforming with the provisions of this section shall be permitted to extend over the sidewalk portion ofa:right-of-way of public street when authorized by the town council; (6) Any awning or canopy which is not securely fastened or becomes tore or damaged, as determined by the zoning administrator, shall constitute a violation of this article and shall be removed or repaired upon written order by the zoning administrator, (1) F'ree.stctnding signs, Not more than one freestanding sign shall be permitted along each frontage of a lot provided that: (1) Freestanding signs shall not exceed 20 square feet in area; (2) Freestanding signs shall not exceed a height of 12 feet; (3) Where more than one freestanding sign is permitted on a lot as a result of the lot having multiple street frontages, the distance between freestanding signs on the same lot shall be not less than 100 feet. (g) Portable signs and banner signs. Portable signs and banner signs shall be permitted subject to the regulations set forth in this division. (Orel. No, 754, 8-21-01) See. 5-5L Sign regulations in the M-2 district. In addition to the regulations generally applicable to signs in all districts,the following signs shall be permitted and the following regulations shall apply in the M-2 general industrial district, (a) Signs permitted in GB and M-1 districts. Any sign permitted in GB and M-I districts as set forth in section 5-49 of this appendix shall be permitted. (b) Billboard signs. Billboard signs shall be permitted, provided that: (1) No billboard sign shall exceed 378 square feet in area. (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; (3) 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. (4) No billboard sign shall be located within 500 feet of another billboard sign. (5) No billboard sign shall be located within 15 feet of any street line or other property, line, or within 200 feet of any residential or R-13 district. (Ord, No, 754, 8-21-01) See, 5-52. Sign regulations in the planned development district. In addition to the regulations generally applicable to signs in all districts, the following signs shall be pci'mittod in the planned development district, (a) Signspermitted in residential districts, Any sign permitted in residential districts as set forth in section 5-47 of this appendix shall be permitted, (b) Signs permitted in the CB district. Any sign permitted in the CB district as set forth in section 5-50 of this appendix shall be permitted for commercial uses, (Ord. No, 754, 8-21-01) See. 5-53. Sign regulations in the public/open space district. In addition to the regulations generally applicable to signs in all districts,the following signs shall be permitted and the following regulations shall apply in the public/open space district. (a) Iden0cation signs. Not more than two identification signs with a total area of not more than 32 square feet shall be permitted. (b) Teny)orarysigns, Not more than two temporary signs or banner signs with a total area of not more than 32 square feet shall be permitted in connection with special events,provided that such signs shall be displayed no longer than the duration of the event plus one week before it begins. (c) Location qfsigns. No sign shall be erected within ten feet of any residential property line or within 15 feet of any street line. Signs advertising the sale or rental of the premises may be erected up to the street line. (d) Height. No sign shall exceed a height of eight feet. (Ord, No, 754, 8-21-01) Sec. 55-54. Signs identifying nonconforming uses. One sign identifying a nonconforming use located in a residential district shall be permitted, provided that such sign shall be attached flat against the building occupied by the use and shall not exceed eight square feet in area. Signs identifying nonconforming uses located in districts other than residential districts shall conibri-n to the sign regulations applicable in the district in which the use is located. (Ord. No. 754, 8-21-01) Sec, -5-55. Nonconforming signs. A nonconforming sign shall be permitted to remain subject to the restrictions and limitations set forth in this section. (a) Maintenance and alteration, A nonconforming sign may be maintained and repaired, provided that Such sign shall not be moved, replaced, structurally altered, or modified as to size, shape or height except in conformity with the provisions of this article. Lighting or illumination shall not be added to a nonconforming sign. The face of a nonconforming sign or the copy thereon may be changed when all other provisions of this paragraph are met. (b) Restoration or removal of damaged signs. Any nonconforming sign damaged to the extent that it represents a public hazard as determined by the building official or zoning administrator, or any nonconforming sign damaged by fire, explosion, act of God or the public enemy to an extent exceeding 50 percent of its replacement cost, shall be removed or made to conform to the provisions of this ordinance. In the case of damage of50 percent or less of the replacement cost of a nonconforming sign damaged by fire, explosion, act of God or the public enemy, such sign may be restored as before the damage, if such restoration is completed within six months of the damage. (c) Obsolete signs. Any sign that no longer identifies a use or activity conducted or product sold on the premise, shall be painted out or otherwise removed or made to comply with this ordinance by the owner, agent, or person having the beneficial use of the building, structure or lot upon which Such sign is located within 30 days of such cessation. Upon failure to comply within the time specified, the zoning administrator is hereby authorized to order painting out or removal of such sign within-3)0 days of written notification, and any incidental expenses thereto shall be paid by the owner of the building, structure or lot on which such sign is located. (d) igns nonconforming due to lighting or animation, Any sign that is nonconforming due to lighting or animation shall be eliminated or made to conform to the regulations pertaining to lighting and animation within 90 days from the effective date of this provision. (c) Aloncon1brining portable or temporary signs. Any nonconforming portable sign or nonconforming temporary sign shall be eliminated or made to conform with the regulations set forth in this ordinance within 90 days from the effective date of this provision. (Ord. No. 754, 8-21-01) Sec. 5-56. 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, (d) Applications for zoning permits, as well as other applicable permits, for signs shall be submitted and considered in accordance with the provisions of article VII of this ordinance, Failure to obtain a the required permits shall constitute a violation of this appendix. (e) No zoning pert-nit shall be required for signs placed within public right-of-way. However, written authorization must be obtained from the Town Manager prior to any sign being placed within a right-of-way. (Ord, No. 754, 8-21-0 1, Ord No. 845, 2-20-07) ARTICLE X. DEFINITIONS Sec. 10-1. Applicability of article. For the purposes of this appendix, and unless specifically prescribed to the contrary elsewhere in this appendix,certain words and terms shall be interpreted as set forth in this article. Words and terms not defined here or elsewhere in this appendix shall be interpreted in accordance with such normal dictionary meaning or customary usage as is appropriate to the context. Sec, 10-2. Words and terms defined. (a) General rules, The following general rules of interpretation shall apply throughout this appendix as they are appropriate to the C0111QX1: 1) The word"person" includes a firm,association,organization,partnership,trust, company or corporation,as well as an individual, (2) The present tense includes the future tense,the singular number includes the plural,and the plural number includes the singular, (3) The word"shall" is mandatory,and the word"may" is permissive. (4) The words "used"or"occupied" include the words"intended, designed or arranged to be used or occupied," (5) The words "building"or"structure" include any part thereof,and the word "building" includes the word "Structure," (6) The terms "main" and "principal" are synonymous, (7) The word"lot" includes the words "plot"or"parcel." (8) The word "land" includes the words"water" and"marsh," (9) All references to public officials, agencies and bodies are those of the Town of Vinton, Virginia,unless indicated otherwise. (b) Certain words ancllerin.v dcfinecl, The following words and terms shall be interpreted as having such meaning as described hk:rcin. unless a specific meaning to the contrary is it elsewhere in this appendix: I (1) 11ccessorj,building or structure, A building or structure separate from the main building on a lot and used for purposes customarily incidental and clearly subordinate to the principal use of the lot on which it is located. Where such building or structure is attached by walls or roof to a main building, it shall be considered to be a part of the main building, (2) Accessoi),use, A use of land or a use of a building or structure for put-poses customarily incidental and clearly subordinate to the principal use of the lot on which it is located, (3) :Ithdt da'v care center, A facility which provides supplementary care and protection during a part of the day only to four or more aged. infirm or disabled adults who reside elsewhere,except a facility or portion of a facility licensed by the state board of health or department of mental health,mental retardation and substance abuse services. (4) Adult dqy care home, A single-family dwelling in which is operated a facility which provides supplementary care and protection during a part of the day only to less than four aged, infirm or disabled adults who reside elsewhere,except a facility or portion of facility licensed by the state board of health or department of mental health,mental retardation and substance abuse services, (5) 4gricultural use;. Tilling of the soil,general farming,truck gardening, horticulture,cultivation of field crops,orchards, groves and nurseries for growing trees and other plants,and including incidental processing,storing and selling of products raised or produced on the premises,together with structures and activities necessary to support such uses.A garden accessory to a dwelling use shall not be considered agricultural use, (6) 9flev, A public way affording or intended to afford secondary means of vehicular access to abutting properties and situated along the side or rear of such properties, (7) Aniusenient center, A building,portion of a building or area outside of a building,where four or more video game machines,pinball machines,pool or billiard,tables or other similar player-operated amusement devices or any combination of four or more such devices are maintained for use by the public, (8) Assisted carefiic°iliq� An establishment that provides shelter and other services,which may include meals,housekeeping and personal care assistance,;for elderly residents who are typically functionally impaired and socially isolated, but otherwise in good health and able to maintain a semi-independent lifestyle,not requiring the more intensive core of nursing home. (9) .4trto and truck sates and service establishment Any establishment or the display and sales of new or used automobiles or trucks, including rental, servicing;major and minor mechanical repair,body repair and painting,when conducted as accessory uses. (1 t)),=42i o service cc-titer. An establishment for the servicing and minor repair of motor vehicles within enclosed service bays or stalls,and which may include the sale, installation and repair of tires,batteries,shocks,exhaust systems and similar minor automobile parts and accessories "Auto service center"shall not include an establishment engaging in auto or truck general repair or involving the installation or removal of engines, transmissions or other major body or mechanical parts,or body repair or painting or storage of wrecked vehicles. (1 1).nit tcrrnobile grcav�eyarcl. Any area outside of a completely enclosed building used for the storage,keeping or parking of two or more motor vehicles of any kind,incapable of being operated and not economically practical to make operative. (1 w}0etl and breua fast establishment. Facilities within an owner-occupied single-family dwelling operated by the owner of such dwelling for the housing of persons on a transient basis for not more than seven consecutive nights,containing not more than four lodging units for overnight guests,and where no meals other than breakfast are served to guests, (13)13oarclinghozise or roomingliouse, A building in which lodging is provided to more than two but not more than 14 persons for compensation on a weekly or longer basis, and which contains a dwelling unit occupied by the owner or operator. (14) Buildirx ;Any structure having a roof supported by columns or walls and intended for the shelter,housing or enclosure of persons;animals,chattels or activities of any kind, (l 7) 13aril lirr cifficical: The official designated to enforce the provisions of the Virginia Uniform Statewide Building Code within the jurisdiction of the town. (1 G) C"hill clay#core center. A facility complying with applicable state:licensing requirements and operated for the purpose of providing`care, protection and guidance to a group of more than five children separated from their parents or guardians daring a portion of the day,not including children of a family residing on the premises. {17)C hnic°, A facility providing medical,dental, optical,surgical or psychiatric services to persons exclusively on an outpatient basis,and involving no overnight stay of patients, The term "clinic"includes the term"office"when used in conjunction with such services. (Commercial Vehicle—see 1 uck or Commercial Vehicle) /8)Commission. The planning commission of the town, (19)Completely enclosed building: A building enclosed on all sides and having no outside openings other than ordinary doors,windows and means of ventilation. (20)Conveniencestore, Any retail establishment offering for sale a relatively limited selection of prepackaged or dcli-style food products,tobacco products,household items,and other related goods,not including gasoline or fuel sales, Characterized by a rapid turnover of customers and high traffic generation. (2 1) Counseling services, A use providing counseling,guidance,recuperative,or similar services for persons requiring rehabilitation assistance as a result of mental illness,alcoholism,detention, or similar conditions for only part of a 24- hour day. (2-1) Duncehalt An establishment where more than ten percent of the total floor area is designated or used as a dance floor or an establishment where an admission fee is directly collected or some other form of compensation is obtained for dancing, other than an establishment operated exclusively as a studio for the purpose of dance instruction. (23) lac velopinew site, All of the land developed or intended to be developed for townhouse dwellings and related accessory ZI uses,structures and facilities,when such land is contiguous, except for internal streets,and under single ownership or control for purposes of planning and initial development,A development shall include the individual lots on which townhouse dwellings are or will be located,as well as all open spaces,parking areas,driveways, recreational facilities, community areas and other areas owned or to be owned in common by owners of individual lots within the development, (24) Drive-zip facility or drive-up windo-w Any window or other facility where service is rendered to or business is transacted directly with customers who are located within motor vehicles. (25)1,welling, inulfifalnily. A building which contains three or more dwelling,units, regardless of the form of ownership of such units. (26)Divelling, single- fivnjl)= A building which contains only one dwelling unit and which is completely separated from any other main building, (27)Dwelling, tivo- ftuni4y A building which contains two dwelling units. (28)Dwelling unn, A room or group of rooms within a ng building and constituting a separate and independent housekeeping -- unit occupied or intended for Occupancy by one family and containing cooking,sleeping and sanitary facilities,The term "dwelling unit"shall not include a manufactured home,recreational vehicle or room or group of rooms within a hotel, motel, tourist home, boarding house,rooming house, fraternity or sorority house,or similar lodging facility, (29)I)we//imZ use, Any principal use containing dwelling units or lodging units which are not generally available for occupancy for periods of less than one week,as distinguished from units located within hotels,motels,tourist homes and similar facilities intended for transient occupancy,The term "dwelling use" shall also include a bed and breakfast establishment, group home,assisted care facility or nursing home. (30) Fami4j,, One or more persons related by blood,marriage or adoption, including foster children,or not more than five unrelated persons living together as a single housekeeping unit and occupying a single dwelling unit,except as otherwise provided herein. Domestic servants or employees residing on the premises shall be considered as part of a farnily. The term "family"shall not be construed to include a fraternity,sorority,club or a group of persons occupying a hotel,motel, tourist home,boarding house or institution of any kind,but shall include the occupants of a group home as defined in this article, (3 1) Famdj,daj,,home, A single-family dwelling in which a facility as defined in Code of Virginia, §63,1-195 is operated for I the purpose of providing care for not more than five children separated from their parents or guardians during a portion of the day,exclusive of the provider's own children and any children who reside in the home. (3?)Fariner`s marker, Any area of land,buildings or structures,open or enclosed, used for the display and retail or wholesale sale of agricultural or horticultural products,but not including livestock. -3- (33)1-,lea market, An occasional or periodic market conducted in an open area or in buildings or structures;where groups of individual sellers offer a variety of goods for sale to the public and where there are ordinarily no longterm leases of selling space between sellers and operators. (34)I-lood. Ageneral and temporary inundation of normally dry land areas.(See article IV, floodplain districts, for additional definitions pertaining to flood and floodplains.) (35)Floor area. The sum of the horizontal areas of all usable floors of building as measured from the exterior faces of exterior walls and including all intervening walls,partitions,hallways,corridors, lobbies and stairways. In calculating the floor area of an attached building or the floor area of use occupying a portion of a building„measurement shall be made to the centerlines of common or shared walls. Floor area shall not include uncnclosed porches,balconies,carports; parking garages,or any basement or attic areas which are not improved and available for use and occupancy, (36)f'orestrV. The use of land for raising and harvesting timber,pulp wood and other wood products for commercial purposes, including accessory operation of temporary sawmills and similar equipment for harvesting timber on the shine or contiguous property: (37)Frontt ge, That portion of a lot abutting a street and being situated between the lot lines intersecting the street;also referred to as"street frontage'"car"'lot frontage," (38)(3orrlen center. A business primarily engaged in retail or wholesale sale of trees,shrubs, flowers,plants,seeds; fertilizer, pesticides, and other lawn or garden products,supplies or accessories. (39)Gasoline service station or sel(ser°vice gasoline station. Any establishment involving the dispensing of motor fuels and related products at retail and having pumps,underground storage tanks and other facilities for such activity,and which may include the retail sale or installation ofminur automobile parts and accessories and the inspection, servicing or mimor repair of motor vehicles in enclosed service bays or stalls, Such use does not include an establishment engaging in auto or truck general repair or involving the installation or removal of engines;transmissions or other major body or mechanical parts,or body repair or painting or storage of wrecked vehicles. Such establishment may also;provide the services of a convenience store. (40) Greenhouse, A structure providing enclosure and protection for the raising of plants which are offered for sale at retail on the premises, (41)Cir°oup home, A residential facility in which not more than eight mentally ill,mentally retarded,or other developmentally disabled persons reside, with one or more resident counselors or other staff persons. For the purposes of this definition, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Code of Virginia, §54.1.3401.The term "group home"shall include any other residential facility for which the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services is the licensing authority under state law and shall for purposes of"this appendix be considered residential occupancy by a single family, (42) ffirlfi w'v house. inn establishment providing accommodations,rehabilitation, counseling, and supervision to persons suffering from alcohol or drug addiction,to persons re-entering society after being released fi-om a correctional facility or other institution,or to persons suffering from similar disorders. (43) freight. The vertical distance measured from the average of the lowest and highest elevations of the finished grades immediately adjacent to a building or structure to the highest point of a flat roof,mansard roof or parapet,or to the midpoint of gable, hip or shed roof,or to the highest point of any structure having no roof; (44) Home occupation: An occupation,profession,enterprise or similar activity conducted within a dwelling unit which the residence of the practitioner. In order to qualify as a horns;occupation,an activity as described herein must be clearly secondary to the principal dwelling use of the premises and must meet all of the following criteria,which are intended to distinguish such activity from other business uses and to ensure compatibility with nearby residential uses: a. No person other than a member of the family residing on the premises is employed on the premises in the conduct of the activity; -4- b. The home occupation is limited to the main building only and does not occupy more than 25 percent of the floor area of the main building or more than 500 square feet,whichever is less: c; Where are no signs,other than specifically permitted by article V of this appendix,and no displays or alterations to the exterior of the building that would distinguish it as being devoted to any non-dwelling use: & There is no group instruction or assembly,no housing of persons for compensation;no repair of vehicles and no product offered for sale on the premises. e: Hie type,volume and hours of traffic generated by the home occupation are not inconsistent with characteristics of traffic generated by other dwellings in the neighborhood. f: ;There is no equipment,process or activity conducted that generates any noise,vibration,odor, fumes; dare or electrical interference detectable to the normal senses beyond the premises. (45)hospital A facility, licensed by the state, in which the primary function is the provision of diagnosis,treatment and medical and nursing services,surgical or nonsurgical,for sick or injured persons,and which provides inpatient beds;and including ancillary facilities for outpatient and emergency care,training,research;administration and employee,patient and visitor services,but not including a facility exclusively or primarily for the care and treatment of psychiatric patients or persons suffering from substance abuse. (46)Hotel or�motet A building or group of buildings on the same lot containing lodging units for transient guests principally{ on a daily basis,for which housekeeping services are provided, and in which each lodging unit has a separate entrance through a cot-ninon lobby,corridor or directly from the outside.The term "hotel or motel"is intended to apply to inns; lodges and similar facilities except when such conform to the definition of tourist home as set forth in this article: (47)Ir olmrable vehicle. Any motor vehicle on which valid license plates or a valid inspection decal is not displayed,or any motor vehicle which is wrecked;_partially or totally dismantled or disassembled,such that it cannot be lawfully operated on a public street. (48)Jtrn4arcl An outdoor area used for the depositing,keeping, storing,buying or selling of discarded materials no longer usable in their present form, including but not necessarily limited to. Scrap metals,building materials; machinery; household appliances,plumbing supplies, furnishings, fixtures,or motor vehicles or parts thereof.The term Junkyard" includes an automobile graveyard as defined herein,but shall not include a garbage dump,tire dump, landfill as defined tinder the solid waste management regulations promulgated by the Virginia Waste Management Board,or any similar use; (19)Boar&ng kennel: A place or establishment other than a pound or animal shelter where companion animals not owned by the proprietor are sheltered, fed;and watered, for a period not exceeding 3)0 consecutive days,in exchange for a fee. (50)Livestock. Animals,other than dogs,cats and other household pets,which are kept or raised for use,profit or enjoyment; including cattle,horses,sheep,goats,swine, fowl,rabbits and similar animals as defined in chapter 10 of the town Code. (5I)Lodging unit, A room or group of rooms within a building, constituting living quarters for one or more persons,and not containing cooking facilities. A room or group of rooms within a hotel,motel or tourist home constituting living quarters for transient,guests shall be considered a lodging unit even though it may contain partial or complete kitchen facilities. (52)Lot, A parcel of land occupied or intended for occupancy by buildings or uses permitted by the provisions of this appendix together with such area,yards and other open spaces as are required by this appendix: "Lot" includes the terms "tract," "parcel"and "property"and may consist of single lot of record,a combination of contiguous lots of record,or-a unit of land described by metes and bounds; (53)Lot, corner, A lot abutting upon two or more streets at their intersection,or a lot bounded entirely by streets: (5.1)Lot cOveroge. That portion of'a lot, which when'viewed from directly above,would be covered by any building,or structure: -5- (55)Lot, interior. A lot,other than a comer lot or through lot,which has frontage on only one street. (56)Lot line, Any boundary of a lot, including a boundary which constitutes a street line, 07)Lot(Y'recorcl A lot which is part of a subdivision recorded in the office of the clerk of the circuit court,or a lot or parcel which is described by metes and bounds and is similarly recorded. (58)Lot, through, A lot other than a cot-tier lot having frontage along more than one street, 1� (59)Lot wid1h, The minimum horizontal distance bekveen the side lines of a lot measured between the points-where the minimurn required front yard line intersects the side lines of the lot.On a comer lot or through lot on which more than one front yard is required,the lot width shall be measured adjacent to the frontage with the least dimension. (60)Nfain btnldnng, A building in which is conducted the principal or main use of the property on which the building is located. (6 1)Mant!loctured home, Any structure complying with the Federal Manufactured Housing Construction and Safety Standards,which is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode,or is 320 or more square feet when erected on a site; is built on a permanent chassis; is designed to be used for dwelling purposes by one family,with or without a permanent foundation, when connected to the required utilities;and which includes the plumbing,beating,air conditioning,and electrical systems to be utilized in the structure.The term "manufactured home" includes the term "mobile home," (62)Afanufctcnired home park, A lot or parcel on which are located,or which is arranged or equipped for the accommodation of,two or more manufactured homes with spaces for such available for rent or lease for periods of not less than one year, and including Such open spaces and other facilities as may be provided for the use of or service to residents of manufactured homes located on such lot or parcel, (03)A tinily arehouse, A building or group of buildings intended to provide rental storage space within individual cubicles or compartments enclosed by walls and ceilings,each of which has a separate entrance for loading and unloading of stored goods,and frorn ,which no sale of goods or services is conducted. (64)Noncoqfbrniing building, A building or structure having one or more nonconforming features. (65)Noncoqforming.leature, A feature of a use,as distinguished from the use itself or a feature of a building,which feature was lawfully existing at the effective date of this appendix or subsequent arnendment thereto,and does not conform with the requirements established by this appendix or an amendment thereto. Features of uses or buildings shall be construed to include density, lot area, lot dimensions,yards, open spaces,height,bulk,number of occupants,screening,, landscaping, lighting,and off-street parking requirements, A building having any such nonconforming feature may be refereed to as a nonconforming building, (66)Noncoq/brining use, A principal or accessory use of land or of a building or structure,which use was lawfully existing at (lie effective date of this appendix or subsequent amendment thereto and is not a permitted use tinder the provisions of this appendix or an amendment thereto. (67)Not- r-profil, An organization,association or activity which is not operated for purposes of a profit,and which 'fi earning) Z� has obtained nontaxable status lrom the United States Internal Revenue Service, (68)Nursing hoine. Any facility or any identifiable component of a facility in which the primary function is the provision,on a continuing basis,of nursing services and health-related services for the treatment and inpatient care of two or more persons and which is licensed by the commonwealth as a nursing home. (69)Q/�fice. Ali establishment primarily engaged in providing professional,financial,administrative, management,clerical or other set-vices not involving the manufacture,assembly or repair of goods, or the storage or direct transfer of goods to the customer on the premises, except as may be incidental to a service provided on the premises. -6- (70}(),11street parking space. An area for the parking of one motor vehicle located rather than within a public street or public alley right-of-way and having such dimensions and access asset forth fir article V of this appendix. (71) Outdoor storages The keeping of goods;materials,products or merchandise outside of completely enclosed building on the same lot for more than 24 hours. (72)Outpatient mental health center. Establishments with medical staff providing outpatient services related to the diagnosis and treatment of mental health disorders,These establishments may provide counseling and/or refer patients to more extensive treatment programs, if necessary, (7 )0ulpatient substance abuse center, Establishments with medical staff providing outpatient services related to the diagnosis and treatment of alcohol,drug,or other substance abuse,These establishments may provide counseling and/or refer patients to more extensive treatment programs, if necessary. Included in this use type are outpatient alcohol treatment centers,outpatient detoxification centers,outpatient drug and substance abuse centers. (74)Owner, The word "owner,"applied to a building or land,shall include any part owner,joint owner,tenant in common, tenant in partnership,joust tenant or tenant by the entirety of the whole or a part of such building or land. (75)Par-king area, A parcel of land or a portion thereof used for the parking of motor vehicles,including off-street parking spaces as defined herein,as well as the access aisles and maneuvering space directly serving such Gaff-street parking splices. (76)Parking garage A structure or portion of a structure generally available to the public and used for the parking of transient motor vehicles either for compensation,whether by prior rental or lease agreement or on an hourly or daily basis. (77)Parking lot. A parcel of land or portion thereof used for the parking of motor vehicles as a commercial enterprise for which compensation is charged,whether by prior rental or lease agreement or on an hourly or daily basis. (78)Personal scrvice business An establishment or place of business providing a service directly to persons or involving the repair,alteration,,maintenance,cleaning or customizing of personal property worn by or carried on a person,and including,health spas, fitness centers,shoe repair shops,tailor and dressmaking shops,travel agencies,clothing rental stares,watch and jewelry repair shops,photographic studios,studios for music,dance or martial arts instruction,hobby and craft instruction,and similar uses, (79) Principal street f onlca�_xe.That frontage of a corner lot in a business district,which is situated along the street which carries the greater volume of pedestrian and vehicle traffic and generally functions as the primary orientation of businesses on properties contiguous to the lot, (80)Pr•incipal use, The main use of lot,building or structure as distinguished from an accessory use, (S 1) PrroperW Any land which is identified by an official tax map number,any buildings or structures on the land,and including[tic area in the public right-of-way which is between the property line of the land and the curb or edge of pavement. (82) Public sewer or public wcatc r,}vslenr, A sewer or water system owned and operated by the town,or by such other unit of" government,or authority or individual as may be authorized by the laws of the commonwealth;when such facility is. approved by the council of the town: (83)Public utility, rnq/or, A public utility facility serving all or a major portion of community or region and which typically involves building or structure including,but not limited to, a wastewater treatment plant, water purification plant, generating plant,transmission Ime,substation,railroad line or appurtenance,a building housing;electrical switching equipment,transfer station,administration building,utility storage or maintenance}tart/or similar use; (5-1)Public ratility, rrrinor, A right-of-way,easement,facility or appurtenance necessary for provision and maintenance Of a public utility or public transportation to serve adjacent and nearby development,including but not limited to a street -7- distribution line, pole,pipe,_ineter,transformer,relay or boaster facility, stormwater detention basin,well,well house Pump station,water storage facility or similar device: (45)Recr•ecrtional vehicle, A vehicle;built on a single chassis intended to be towed or self-propelled or attached to the chassis of another vehicle,and designed or used for recreational,travel or spotting purposes or for temporary living quarters conjunction with such purposes. "Recreational vehicle"shall include,but shall not be limited to,travel trailers,pickup campers,camping trailers,motor homes;and converted trucks and buses, (86)Re, i(lent ul district, An R-ID, R-1, R-2 or R-3 district established by this appendix. (87)l etail store or shop, A building wherein the principal activity is the sale of merchandise at retail to tfte general public, and where such merchandise is typically sold in small:quantities and broken lots,and not in bulk. For purpose of illustration, "retail stores and shops" shall include:Drugstores,newsstands; food stores and super-markets,candy shops dry goods,notions and clothing stores;boutiques and gift shops,hardware,home furnishings and household appliance and electronics stores;antique shops; furniture stores; florist shops;opticians;shoe stores,jewelry stores; auto accessory stores,and music stores.Convenience stores and establishments forthe sale in bulk of coal,wood, fuel, building materials and lumber;and establishments for the sale of vehicles,farm implements,boats, trailers,recreational vehicles, machinery and similaritems shall not be considered retail stores and shops. The term"retail stores and shops"does not include any use;involving the dispensing of motor fuels or any other use involving retail activity specifically listed as ai permitted use in any district,unless such use is clearly included among the uses illustrated in this definition. (8 )Rootninghouse, See Boardinghouse or room inghouse, (89) Sirtellite clish antenno, An accessory structure that allows tine direct reception of communication of other signals trills orbiting satellites or other sources,and which includes an antenna or dish antenna,a low noise amplifier and coaxial cable. (90)Setback, The distance a building;structure,feature or'activity'is separate from a lot line. Depending oil the context,the term "setback"may refer to a front yard,side yard or rear yard. (91)Shopping center, A group of three or more retail stores or shops or other business establishments on a site of two acres or more planned,developed,owned and managed as a unit and related in its location,size and types of establishments to the: trade area which it is intended to serve,and which is provided with off-street parking on the premises, (92)Srigii. 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; (93))Sj)ecial en7cejoti n. An activity or feature specified in this ordinance as permitted in a particular district or under specified circumstances by approval of the board of zoning appeals pursuant to the provisions of article IX of this appendix. (94) Soecial use, A use specified in this:appendix as permitted in a particular district only upon approval of special use permit by the town council in accordance with the provisions of article Vif of this appendix. (95) Sj)ortc complex. An indoor-facility,with or without seating for spectators,and providing accommodations for a of individual; organized or franchised sports, including but notlimited to basketball, ice hockey,wrestling, soccer,tennis, volleyball, racquetball or handball. Such facility may also provide other regular organized or franchised events,health and fitness club facilities,swimming pool,snack bar;restaurant,;retail sales of related sports,health or fitness items,and outer support facilities, (96) .Stable,private. The keeping,breeding or raising of horses or ponies exclusively for the personal use and enjoyment of the owner or occupant of the premises on which such facility is located.A facility otherwise meeting the definition of private stable may include the boarding of horses or ponies for persons other than the owner or occupant of the premises; provided other requirements applicable in the district in which the property is located are met. (97)Street: The right-of-way within which lies a public or private thoroughfare which affords or is intended for the purpose of affording the principal means of vehicular access to abutting property. (98)Street line. The right-of-way line of a street or the boundary line of a private street or access casement. (99) Structural alteration. Any change in the supporting members of a structure, including foundations,heath)-walls, bearing partitions,columns,beams or girders,or any change in the supporting members of the roof of a structure or in the means of egress of a structure. (100) Structure, Anything which is constructed or erected with a fixed location on the ground,or attached to something having ,',a fixed location on the ground including,but not limited to,buildings, walls, fences,signs,manufactured homes and swimming pools, (101) Tourist home. A building containing not more than ten lodging units,with or without board,where lodging units are available for occupancy by transient guests on a daily basis, in which access to each lodging unit is provided from within the building,and which contains a dwelling unit which constitutes the residence of the owner or manager of the facility. (102) Townhouse, A building which contains one dwelling unit located on an individual lot of record and which is attached by means of party walls in;a series of three or more buildings,each of which contains one dwelling unit and is Z� located on a separate lot of record.A building meeting the terms of this definition may also be referred to as a single- family attached dwelling, (103) Dwck or commercial vehicle. Any vehicle that exceeds an empty weight of 5,000 pounds or is equipped with or designed to have more than two rear wheels,and is designed or regularly used for carrying freight,merchandise,or more than ten passengers, including buses. Empty weight shall be that which is identified as such for vehicle title or registration purposes by the Virginia Department of Motor Vehicles.These provisions shall not apply to pickup body type pe trucks. (104) Warehouse. A building used primarily for the storage of goods and materials. (105) Warehousing and distribution, Uses including storage, warehousing and dispatching of goods within enclosed I structures or outdoors.Typical uses include wholesale distributors, storage warehouses; [and]moving/storage Firms. 1 (106) Yard An open space on a lot, unoccupied and unobstructed by any structure or portion of a structure fors the ground upward,except as otherwise provided in article V of this appendix.(For projections and encroachments in yards and for yards on corner lots and through lots,see article V of this appendix.) a. Yard,fiwnt. A yard extending the full width of a lot and being adjacent and parallel to the street frontage of the lot, b. Yard, rear, A yard adjacent and parallel to the rear lot line of a lot and extending the full width of the lot. c. Yard, side. A yard adjacent and parallel to the side lot line of a lot and extending from the required front yard to the required rear yard. On irregular shaped lots,any yard adjacent to a lot line to which the yard definitions of this article do not clearly apply shall be considered a side yard. (107) Zoning administrator, The person designated by the town council to administer and enforce the provisions of this appendix. (Ord, No�653, 10-2, 8-6-1996;Ord.No.680, § 10-2,9-16-1997;Ord.No.702,2-2-1999;Ord. No, 789, 8-19-03;Ord.No.793' 11- 4-03- Ord, No, 845,2-20-07) ACTION NO.: Ordinance No. 888 ITEM NO. H.-1 TO Town Council FROM: Elizabeth K. Dillon, Town Attorney DATE: June 16, 2009 SUBJECT Repeal of weapons ordinance ISSUE/PURPOSE: Pursuant to Virginia Code § 15. -915, as ofJuly 1, 2009, a citizen can sue a locality for having an znlaw iil weapons ordinance and recover attorneys' fees. This statute prohibits localities from,regulating weapons in most public places. For this reason, Vinton Town Code § 62- 1 (below) is invalid and should be repealed. Sec. 62-81. Carrying loaded firearms in public places. (a) It shall be unlawful and a class I misdemeanor for any person to carry any loaded firearm in any public place, except on legally open hunting grounds and at authorized target shooting ranges. Upon a conviction of a violation of this section, any such firearm,together with the ammunition intended for use therewith, may, in the discretion of the court trying the case, be 1torfcted to the town by order duly entered, and may be seized by an officer as forfeited; and such as may be needed for police officers and conservation of the peace shall be devoted to that purpose. The remainder shall be destroyed by the officer having them in charge. (b) This section shall not apply to any person excepted from the provisions of Code of Virginias ;; 18.2- 08. ACTION REQUESTED: Adopt the attached ordinance repealing Town Code § 6 -81. .JUSTIFICATION/ SUMMARY: See Issue/Purpose I)A`f`E ACTION NEEDED: June 16,2009 TOWN MANAGER'S COMMENTS: ORDINANCE NO,888 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON TUESDAY, JUNE 16, 2009, AT 7:00 P.M., IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. AN ORDINANCE to repeal section 62-81, Carrying loaded firearms in public places, of Article V, Weapons, of Chapter 62, Offenses and Miscellaneous Provisions, of the Vinton Town Code. BE IT ORDAINED by the Town Council of the Town of Vinton that section 62-8 1, Carrying loaded firearms in public places, of Article V, Weapons, of Chapter 62, Offenses and Miscellaneous Provisions, of the Vinton Town Code be and it is hereby repealed, This ordinance shall be in full force and effect upon passage. This Ordinance adopted on rnotion made by Council Member and seconded by Council Member with the following votes recorded: A Y I I'S: NAYS: APPROVED: Bradley E. Grose, Mayor ATTEIST: Darleen R. Bailey. Town Clerk Iurance E�2-1 vro g mrai° 5 June S, 2009 Mr.Christopher Lawrence, Town Manager Town of Vinton 311 South Pollard St, Vinton,VA 24179 Re Removal from Watch Status-VMGSIA Dear Mr.Lawrence It is with great Measure I write to inform you that we are removing the Town of Vinton from our VMGSIA Watch Member Program. The Town has demonstrated through program implementation and involvement in risk management programs that it is committed to reducing claims and implementing sound risk management practices. Currently,your Risk Management Guideline(RMS)Assessment score indicates .00%completion of applicable elements. Your five-year loss ratio from 2008- 2007 is 51. 7%with a current fund year loss ratio (2008 - 2098) of 5;69%, We are confident that the changes made as a result of your risk management efforts will allow you to maintain this favorable loss ratio tread, We are certain you are committed to do so. The Town has taken advantage of four training workshops; Pall Regional Workshop, Building an Effective Safety Committee, Public Works Liability; and the Annual Meeting. Additionally two modules have been requested to assist with program development during the current fund year; Meet Safety and Sewer Backup Prevention. As a Tier [if member, please continue to attend at least two workshops annually. There are several tither training opportunities available to you annually through our regional workshops, Online University„ Resource Library video/DVDs,<and Webimars, Be sure to check our website regularly for opportunities in these areas. Beth Austin's effort towards the overall administration of your risk management program has been instrumental in leading the effort to achieving this goal. We ask that you continue to work with your safety consultant, Pete Strickler, and the rest of the risk management team at VML to address any risk management or safety concerns you have; We look forward to your continued success with VML Insurance Programs:- Sincerely, P. Steven Craig Managing Director Cc: Ms, Beth Austin, HR/Risk Management Manager Underwriting Safety file P. , BOX 323 - GLEN ALLE , VIRGINIA 230 - 04-273-0038 ¢ TOLL FREE oo-96 -6800 ° FAx 04-273'0