018-08Action:
BOARD OF SUPERVISORS: September 24, 2008 ❑ APPROVED ❑ DENIED
RESOLUTION
Chapter 165, Zoning, Article XVII, IA Interstate Area Overlay District
Removal of General Merchandise and Apparel Stores from Qualifying
Uses
WHEREAS, the Frederick County Planning Department has been directed to prepare
modifications to Chapter 165, Zoning, Article XVII, IA Interstate Area Overlay District
pertaining to the removal of general merchandise, apparel stores and automotive dealers
from qualifying uses in the IA Interstate Area Overlay Zoning District.
WHEREAS, The Development Review and Regulations Subcommittee (DRRS)
recommended approval of this amendment on June 26, 2008; and
WHEREAS, the Planning Commission discussed the draft ordinance on August 20,
2008; and recommended that a public hearing be held;
WHEREAS, the Frederick County Board of Supervisors finds that in the public
necessity, convenience, general welfare, and good zoning practice, directs the Frederick
County Planning Commission hold a public hearing regarding amendments to Chapter
165, Zoning, Article XVII, IA Interstate Area Overlay District pertaining to the removal
of general merchandise, apparel stores and automotive dealers from qualifying uses in the
IA Interstate Area Overlay Zoning District.
NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of
Supervisors that the Frederick County Planning Commission shall hold a public hearing
to consider revisions to Chapter 165, Zoning, Article XVII, IA Interstate Area
Overlay District pertaining to the removal of general merchandise, apparel stores
and automotive dealers from qualifying uses in the IA Interstate Area Overlay
Zoning District.
Passed this 24th day of September, 2008 by the following recorded vote:
This resolution was approved by the following recorded vote:
Richard C. Shickle, Chairman
Aye
Gary A. Lofton
Aye
Bill M. Ewing
Aye
Charles S. DeHaven, Jr
Aye
Aye
Aye
Gary W. Dove
Gene E. Fisher
Philip A. Lemieux
Aye
A COPY A
— �.
County Administrator
BOS Res.: 018 -08
COUNTY of FREDERICK
Department of Planning and Development
MEMORANDUM 540/665 -5651
FAX: 540/665 -6395
To: Frederick County Board of Supervisors
From: Candice E. Perkins, AICP, Senior Planner
Subject: Board of Supervisors Discussion — Interstate Overlay Signs
Date: September 15, 2008
Per Article XVII of the Frederick County Zoning Ordinance ( §165 - 127 -131), property owners are
permitted to erect larger signs along highways if they are within the Interstate Overlay (IA) District.
Interstate overlay signs range in maximum size from 300sf to 500sf depending on the number of
users, and the maximum sign height is determined by the interchange where the sign is located. The
intent and purpose of interstate overlay signs is to inform the traveling public as to the location of
hotels, gasoline stations and restaurants. Currently, the IA Overlay also allows for general
merchandise, apparel stores and automotive dealers (SIC 53, 55 and 56) to be located on the signs as
well. Uses such as merchandise and apparel stores are classified as a destination business, and with
these types of uses customers have already planned in advance to visit the business and, therefore, an
interstate overlay sign would not be necessary. Businesses such as restaurants, hotels and gasoline
stations would be classified as drive -by businesses which are businesses that customers frequent
more on impulse or while driving by and, therefore, a sign to attract customers from the interstate
would be more appropriate.
Staff is proposing an ordinance revision to the Interstate Overlay District regulations to remove
general merchandise, apparel stores and automotive dealers from the qualifying uses. The item was
presented to the Development Review and Regulations Subcommittee (DRRS) at their meeting on
June 26, 2008 and the DRRS endorsed the text amendment as presented. The Planning Commission
discussed this item at their August 20, 2008 Planning Commission meeting and were supportive of
the proposed amendment.
The attached document shows the existing. Ordinance with proposed deletions shown in blackline.
This item is presented for discussion. Staff is seeking comments and direction from the Board of
Supervisors on this Zoning Ordinance text amendment; attached is a resolution directing the item to
public hearing should the Board deem it appropriate.
Attachments: 1. Existing Ordinance with proposed deletions shown in blackline.
CEP/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
ATTACH ENT 1
ARTICLE XVII
IA Interstate Area Overlay District
[Added 5 -10 -1995; amended 8 -13 -19971
§ 165 -127. Intent.
The IA Interstate Area Overlay District is intended to provide commercial businesses
within an identified area the ability to utilize business signs that are in excess of the limits
specified in § 165 -30 of this chapter. This flexibility is provided to inform the traveling public of
business service opportunities at specific interstate interchange areas. The standards within
this article are designed to allow for additional visibility for commercial businesses while
minimizing negative impacts to view sheds, the traveling public and residential properties that
are adjacent to or within the proximity of the overlay district. Established boundaries are based
on reasonable sight distances and policies set forth in the Comprehensive Plan and are
intended to designate each interstate interchange area and provide guidance for considering
the addition of subsequent properties.
§ 165 -128. District boundaries.
Properties that are included within the Interstate Area Overlay District shall be
delineated on the Official Zoning Map for Frederick County. This map shall be maintained and
updated by the Frederick County Department of Planning and Development.
§ 165 -129. Establishment of district.
A. The Frederick County Board of Supervisors may apply the Interstate Area Overlay District to
properties within the proximity of interstate interchange areas upon concluding that:
(1) The property is in conformance with the idealized interchange development
pattern recommendation of the Frederick County Comprehensive Plan.
(2) The placement of a sign meeting the requirements of this section will not have
an adverse impact on adjoining properties whose primary use is residential.
(3) The property has met the requirements of Article II of this chapter, as well as the
requirements of § 15.2 -2286 of the Code of Virginia 1950, as amended.
[Amended 11 -12 -2003]
B. The Interstate Area Overlay District shall be in addition to and shall overlay all other
zoning districts where it is applied so that any parcel of land within the Interstate Area
Overlay District shall also be within one or more zoning districts as specified within this
chapter. The effect shall be the creation of regulations and requirements of both the
underlying zoning district(s) and the Interstate Area Overlay District.
ATTACHMENT 1
§ 165 -130. Qualifying criteria.
A. On property that is delineated on the Official Zoning Map as being part of the
Interstate Area Overlay District, the following uses shall be authorized to erect a
commercial business sign that complies with the requirements of § 165 -131 of this article.
Such commercial business signs complying with the requirements of § 165 -131 of this
article shall hereinafter be referred to as interstate overlay signs.
Standard Industrial
Classification
Qualifying Uses
(SIC)
- t a � �-m �a gasoline service stations X5541
Eating and drinking establishments 58
Hotel and lodging establishments 70
B Qualifying uses specified under § 165 -130A that are authorized on property through the
issuance of a conditional use permit in the RA Rural Areas District may be entitled to
erect an interstate overlay sign that is of a greater height and size than is permitted in
the underlying zoning district, provided that the property has met the requirements of
Article III of this chapter, the business sign complies with the requirements of § 165 -131
of this article and the qualifying use is located on property that is delineated on the
Official Zoning Map as being part of the Interstate Area Overlay District.
§ 165 -131. District regulations.
A. Permitted signs. Permitted signs shall be as follows:
(1) Interstate overlay signs.
(2) Signs permitted in the underlying zoning district(s).
B. Prohibited signs. Prohibited signs shall be as follows:
(1) Off - premise business signs.
(2) Signs prohibited in the underlying zoning district(s).
C. Number of freestanding commercial business signs. On any parcel within the Interstate
Area Overlay District, one interstate overlay sign that complies with the requirements
set forth in this article may be erected.
D. Setback requirements.
(1) All portions of an interstate overlay sign shall bed set back a minimum of 10 feet
from any lot line or property boundary line and shall meet all other applicable
setback requirements.
(2) When any interstate overlay sign exceeds the height requirement of the
underlying zoning district(s) and is located on property that adjoins or is across a
right -of -way from property that is in the RP Residential Performance District, the
HE Higher Education District or any property which has a residence as its primary
ATTACHMENT 1
A
F.
G.
I:I
use, the setback shall be the normal setback plus one foot for every foot over the
maximum height of the underlying zoning district(s).
(3) The Planning Commission may waive any portion of the setback described in §
165- 131D(2) if it can be demonstrated that the setback requirement cannot be
met due to the irregular size or shape of the parcel.
Spacing requirements. The spacing requirements between an interstate overlay sign
and signs in the underlying zoning district(s) shall comply with the requirements in §
165 -30F of this chapter and shall meet all other applicable spacing requirements.
Maximum size.
(1) No interstate overlay sign shall exceed a total of 300 square feet in area.
(2) When more than one qualifying use is located on a single parcel within the
Interstate Area Overlay District, a single support structure may be erected which
contains one or more signs, the total combined square footage of which shall not
exceed 500 square feet in area.
Illumination. Neither the direct nor reflected light from any illuminated interstate
overlay sign shall create an increase in the ambient footcandle at the property line,
create glare into or upon other structures or create glare onto a public thoroughfare so
as to create a traffic hazard for operators of motor vehicles.
Maintenance and permits.
(1) All signs that are erected in the Interstate Area Overlay District shall meet the
maintenance and permit requirements as specified in § 16 5 - 301 and goi
§165-30K and § 165 -30L of this chapter.
(2) If required, appropriate easements shall be secured by a property owner that
desires to erect an interstate overlay sign prior to the issuance of a sign permit in
order to ensure that required maintenance can be performed.
Permitted heights.
(1) All interstate overlay signs shall be located a minimum of 25 feet in height above
the base of the sign support structure.
(2) The maximum height for interstate overlay signs shall be determined by the
nearest interstate exit number and shall be based on an elevation above mean
sea level as set below:
Maximum Business
Sign Height
Exit Number
(feet above mean sea level)
302
(Middletown and Rt. 11 South)
760
307
(Stephens City and Rt. 277)
800
310
(Kernstown and Rt. 37)
805
313
(Rt. 50/17 and Rt. 522)
805
315
(Rt. 7 and Berryville Avenue)
750
317
(Rt. 11 North and Rt. 37)
815
321
(Clearbrook and Rt. 11 North)
700
323
(Whitehall and Rt. 11 North)
710