DRRC 01-27-11 Meeting AgendaMEMORANDUM
COUNT' of FREDERICK
Department of Planning and Development
To: Development Review and Regulations Committee
From: Candice E. Perkins, AICP, Senior Planner ' V
Subject: January Meeting and Agenda
Date: January 14, 2011
540/665-5651
FAX: 540/665-6395
The Frederick County Development Review and Regulations Committee (DRRC) will be meeting on
Thursday, January 27, 2011 at 7:00 p.m. in the first floor conference room (Purple room of the
County Administration Building, 107 North Kent Street, Winchester, Virginia. The DRRC will
discuss the following agenda items:
AGENDA
1) Election of DRRC Chairman and Vice -Chairman. As stipulated in the DRRC Operating
Procedures, a chairman and vice-chairman will be elected during the first meeting of each
year.
2) Schools in the 112-M1 Zoning Districts. Discussion on revisions to the Frederick County
Zoning Ordinance to allow schools as a conditional use in the B2 (Business General), B3
(Industrial Transition) and Ml (Light Industrial) Zoning Districts.
3) Minor Revisions to Chapters 165 and 144 for the Rural Areas Requirements.
4) Sign Ordinance Revisions. Discussion on revisions to the Frederick County Zoning
Ordinance to modify the provisions for temporary signs, electronic message signs, building
mounted signs, freestanding signs and banner signs.
Please contact this office if you will not be able to attend the meeting. Thank you.
Access to this building is limited during the evening hours. Therefore, it will be necessary to enter
the building through the rear door of the, four-story wing. I would encourage committee members
and interested citizens to park in the County parking lot located behind the new addition or in the
joint Judicial Center parking lot and follow the sidewalk to the back door of the four-story wing.
CEP/bad
Attachments
107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000
Item #2: Schools in the B2 -M1 Zoning Districts
Staff has received a request to revise the Zoning Ordinance to allow schools as a use in the B2, B3
and M1 Zoning Districts. Currently schools (K-12 and colleges) are only permitted in the RA, RP,
R4, R5 and the MHA Districts. In these specified zoning districts, the use is only listed as
"schools", but the SIC Manual has a classification for schools (SIC 82 -Educational Services). SIC
82 allows for everything from K-12 schools, colleges, libraries, professional schools, technical
schools, and vocational schools. It should be noted that the B3, M1 and M2 Zoning Districts allow
for SIC 824 — Vocational Schools as a permitted use and the B2 District allows for libraries.
Staff has prepared a draft amendment to the Zoning Ordinance to include schools only as a
conditional use in the specified Zoning Districts (SIC 821, 822, 829). By including schools as a
conditional use, the Board of Supervisors would have ultimate control as to whether a location is
appropriate or inappropriate for a school use.
Staff is seeking a recommendation from the DRRC on this proposed ordinance amendment. This
recommendation will be forwarded to the Planning Commission and Board of Supervisors.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2
ARTICLE VI
BUSINESS AND INDUSTRIAL ZONING DISTRICTS
Part 603 — B2 General Business District
§ 165-603.03. Conditional Uses.
Uses permitted with a conditional use permit shall be as follows:
Conditional Uses
Educational Services
Part 604— B3 Industrial Transition District
§ 165-604.03. Conditional Uses.
Uses permitted with a conditional use permit shall be as follows:
Conditional Uses
Educational Services
Part 606 — M1 Light Industrial District
§ 165-606.03. Conditional Uses.
Uses permitted with a conditional use permit shall be as follows:
Conditional Uses
Educational Services
ATTACHMENT 1
DRRC Discussed 1/27/2011
Standard Industrial
Classification (SIC)
821, 822, 829
Standard Industrial
Classification (SIC)
821, 822, 829
Standard Industrial
Classification (SIC)
821, 822, 829
2A
Item #3: Minor Revisions to Chapter 165 and 144
for the Rural Areas Requirements
Staff has been informed that there are some minor revisions necessary to Chapter 165 -Zoning and
Chapter 144-Subdvision of Land to correct ordinance sections that should have been changed when
the rural areas changes were adopted in December of 2009.
The first proposed change is to § 165-401.07 Setback requirements. This change is necessary to
clarify that setback requirements apply to all lots in the RA Zoning District (conforming or non-
conforming in lot size).
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Part 401— RA Rural Areas District
§ 165-401.07 Setback requirements.
The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District.
A.
five aere lots and family &A _: On lots, Setbacks fFern traditieRal five aeFe lots and fap+4y
division lots_ setbacks for all lots other than rural preservation lots shall be as set out below.
The second proposed change is to eliminate a reference to 40% preservation tracts in the Subdivision
Ordinance.
Chapter 144 -Subdivision of Land
ARTICLE VI
Plan Requirements
§ 144.34. Certification required.
All subdivision design plans and final plats shall be prepared by a registered engineer or certified surveyor
duly licensed by the State of Virginia, who shall practice within the limits of his license.
§ 144-35. Preliminary sketches.
The following items shall be shown on the preliminary sketch unless waived by the Subdivision
Administrator:
H. Location of common open space or 40 60 % of parcel to remain intact and all environmental
features, including prime agricultural or locally significant soils as defined by Chapter 165, Zoning.
Staff is seeking a recommendation from the DRRC on this proposed ordinance amendment. This
recommendation will be forwarded to the Planning Commission and Board of Supervisors.
Iters #4: Sign Ordinance Revisions.
Staff has prepared a draft revision to the signage requirements currently in the Zoning Ordinance.
The DRRC may recall that the main over haul to the sign was approved in 2007. Since the adoption
of the sign ordinance in 2007, staff has been keeping track of issues that have become apparent with
the ordinance as currently written. In response to those issues, staff has prepared draft revisions to
address the problems. The main revisions are as follows:
Electronic Message Signs. Prior to 2007, these signs were not permitted. The new sign
ordinance allowed these signs with a provision that the message could not change but every
two minutes. Staff has experienced constant problems with these signs because once erected
(and the timing verified) the operators change the timing and staff has had to constantly go
out and resolve the timing issues (only to have it change once again). A revision is proposed
to have electronic message signs only permitted with a Conditional Use Permit. There is an
exception proposed for signs that solely display gasoline prices.
2. Building Mounted Signage. Building mounted signage is restricted to 20% of the building
wall — not to exceed 200sf. In 2007, a provision was added for buildings that have more than
eight users (each user would be permitted a maximum of 25sf). This calculation method has
always been problematic and staff is proposing to change the requirement to 1.5sf of building
mounted signage per each linear foot of building frontage, not to exceed 200sf in area per
user/tenant.
3. Freestanding Signage. Proposed revision to make the freestanding sign area consistent with
the freestanding sign height requirement (reflective of the roadway upon which the site's
entrance is located). Proposed revision to include a freestanding sign size for parcels in the
RA.
4. Sign Exemptions. Revisions to the sign exemptions. Certain signs are still exempt;
however, others are proposed to require a Zoning Permit.
5. Temporary Signs. Provisions to require certain types of signs get a Zoning Permit and time
limitations for the display of temporary signs.
6. Banner Signs. Prior to the 2007 sign ordinance, banner signs were considered portable signs
and were not permitted. The change to the sign ordinance allowed banner signs to be
displayed no more than thirty days. This ordinance amendment has resulted in permanent
placement of some banner signs (property owners will take them down for a few days and
then put them back up — thus circumventing the ordinance). Staff is proposing a revision to
require all banner signs to get Zoning Permits and to place time limitations (maximum
display time for the banner, maximum number of banners allowed at one time, and allowed
mounting of banner signs).
rd
7. Definitions. Revised definitions are also proposed
If the DRRC is supportive of this ordinance amendment, staff will forward it to the Planning
Commission and Board of Supervisors for their consideration.
Attachments: 1. Proposed changes to §165-206.06 — Signs, § 165-101.02 — Definitions.
ATTACHMENT 1
Draft Changes to the Frederick County Sign Ordinance
DRRC Discussion 1/27/11
Existing Ordinance
Additions and delet en
§ 165-201.06 Signs.
This section is established to regulate the erection, number, area, height, location, type and
maintenance of signs to promote the health, safety and general welfare of the public and the orderly
development of the County by protecting property values, and providing adequate signage for
businesses and motorists; protecting and enhancing the image, appearance and economic vitality of the
County, and supporting the Frederick County Comprehensive Policy Plan. Any type of sign not currently
listed in §§ 165-201.06 and 165-101.02 of the Frederick County Zoning Ordinance shall be prohibited.
A. Signs prohibited in all districts. The following types of signs shall be prohibited in all zoning districts:
(1) Animated or Flashing Signs.
(2) Signs painted directly onto the exterior of buildings.
(3) Inflatable Signs.
(4) Roof Signs.
(5) Portable Signs.
B. Signs allowed in all districts. The following types of signs shall be allowed in all zoning districts
unless otherwise prohibited or restricted in this chapter:
(1) Signs indicating the names or addresses of the occupants of residences.
(2) Signs or bulletin boards associated with public institutions..
(3) Commemorative plaques and historical markers.
(4) Signs identifying civic, social, or other nonprofit organizations.
(5) Private road signs.
(6) Signs erected or required by a governmental agency.
(7) Temporary yard sale signs.
(8) Temporary real estate signs, in accordance with section L.
(9) Temporary window signs.
(10) Temporary construction signs, in accordance with section M.
(11) Temporary campaign signs.
(12) Flag signs.
(13) Informational signs.
(14) Directional signs.
(15) Temporary Banner signs, in accordance with section N. Net to be displayed f rneFe than 30
day-s--
C,
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C. Signs allowed in certain districts. The following types of signs are allowed only if they are specifically
listed under the list of allowed uses for the zoning districts in which they are located:
(1) Business Signs.
(2) Cottage occupation signs.
(3) Freestanding building entrance signs.
ATTACHMENT 1
Draft Changes to the Frederick County Sign Ordinance
DRRC Discussion 1/27/11
(4) Residential subdivision identification signs.
(5) Multi -tenant complex signs.
(6) Interstate overlay district signs.
twe (2) miRwtes, and shall net be animated by SC=Fel'*Rg, flashing or other shmilar nen s
displays. lR RO r-PrAn ShAl Rn gleetFenie Message Sign aceupy meFe than 50 pereent of the a
of a permitted sign size
D. Signs Requiring Conditional Use Permits. The following sign types shall only be permitted with the
approval of a Conditional Use Permit:
(1) Off -premises signs. In all zoning districts only multi -tenant complex signs, business signs,
directional signs, and residential subdivision signs shall be allowed off -premises. No other type
of off -premises signs shall be allowed. Off -premises signs shall be freestanding monument
signs. Such signs shall be allowed only if a conditional use permit for that sign has been granted.
Conditions which may be placed on off -premises signs may include, but need not be limited to,
the following:
(a) Appropriate separation shall be provided between the off -premises sign and surrounding
residences and other uses. The Board of Supervisors may require that such signs not be
visible from surrounding residences.
(b) Off -premises signs shall be limited to a size, scale and height that does not detract from
surrounding properties and uses, and in no case shall exceed the size and height regulations
set forth in § 165-201.06 for freestanding signs.
(c) Off -premises signs shall be properly separated from each other to avoid clutter along road
corridors, and in no case shall be less than the regulations set forth in § 165-201.06F.
(2) Electronic Message Signs. Electronic message sians shall be allowed only if a conditional use
permit has been granted. Conditions which shall be placed on electronic message sings signs
will include, but need not be limited to, the following:
(a) Electronic messy a signs shall be limited a fixed text message and/or graphic. Text shall
not scroll or crawl across -the screen, and there shall be no flashing revolving, animation
or other similar nonstatic displays.
(b) Electronic message text or graphics on such signs shall be displayed for a minimum of two
(2) minutes.
(c) Exceptions. Electronic message signs utilized for the sole purpose of displaying the prices
of gasoline shall be exempt from the Conditional Use Permit Requirement.
E. Setbacks. All freestanding signs shall be set back at least 10 feet from lot lines or property boundary
lines. Signs that are attached to buildings shall meet the required setbacks for that building. In
general, freestanding building entrance signs shall not be located in front yard setback areas.
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ATTACHMENT 1
Draft Changes to the Frederick County Sign Ordinance
DRRC Discussion 1/27/11
However, freestanding building entrance signs may be located in front yard setback areas as long as
they are no more than five feet from the entrance to the building or use designated.
Minimum spacing between freestanding signs. The minimum distance separating freestanding signs
shall be 100 feet. The Zoning Administrator may allow two signs to be separated by less than 100
feet in order to allow the signs to share an appropriate location. In such cases, the two signs shall
be separated from other signs by a distance of 100 feet plus the distance by which the separation
between the two signs was reduced from the required100 feet.
G. Height. The following restrictions shall apply to the height of signs:
(1) Wall -mounted signs shall not exceed the maximum height requirement for the zoning district in
which they are located. General office buildings and hotel or motel buildings allowed to exceed
the general height requirements for the underlying zoning district as per § 165-201.036(6)
(Height limitations, exceptions) shall be allowed wall -mounted signs with a maximum height
not to exceed the maximum height requirement of § 165-201.036(6).
(2) Freestanding building entrance signs shall not exceed 5 feet in height.
(3) Freestanding directional signs shall not exceed 5 feet in height.
(4) Freestanding informational signs shall not exceed 5 feet in height.
(5) Freestanding residential subdivision entrance signs shall not exceed 8 feet in height.
(6) All other freestanding signs located in the RA (Rural Areas) Zoning District shall not exceed 10
feet in height.
(7) All other freestanding signs located in zoning districts other than the RA (Rural Areas) Zoning
District shall be permitted to establish a maximum sign height reflective of the roadway which
the site's entrance is located on, as such:
(a) Signs along Arterial Roads shall not exceed 25 feet in height
(b) Signs along Collector Roads shall not exceed 15 feet in height
(c) Signs along all other roads shall not exceed 12 feet in height
(8) Sign height shall be measured from the grade level of the adjacent street to which the land upon
the sign is located.
(9) In developments utilizing a multi -tenant complex sign, on-site freestanding business signs shall
not exceed 12 feet in height.
H. Size. The following restrictions shall apply to the size of signs:
(1) Wall -mounted business signs `hall be r^ r'
..fitted +„ 20 f the area f the n +
which the sign is attached, PFOvided that thp- tAetal arpA Af thp ymll mounted business sign does
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ATTACHMENT 1
Draft Changes to the Frederick County Sign Ordinance
DRRC Discussion 1/27/11
net exceed 200 square feet. in situations where theFe aFe mere than 8 individual building use4�s,
p;;Fh -,pr rhall ROt have a sign larger than 25 square « Signage shall be allowed on the
basis of one and one-half (1 1/2) square feet of building mounted sign area for each linear foot
of building frontage not to exceed two hundred (200) square feet in area per user/tenant
(2) Cottage occupation signs shall not exceed four square feet in area.
(3) Freestanding building entrance sign shall not exceed 4 square feet in area.
(4) Subdivision entrance signs shall not exceed 32 square feet in area.
(5) Directional signs shall not exceed 5 square feet in area.
(6) Informational signs shall not exceed 10 square feet in area.
(7) All freestanding business signs located in zoning districts other than the RA (Rural Areas) Zoning
District shall be permitted to establish a maximum sign area reflective of the adjacent roadways'
n -roadway which the site's entrance is located on as such:
(a) Signs along Arterial Roads shall not exceed 150 square feet
(b) Signs along Collector Roads shall not exceed 100 square feet
(c) Signs along other roads shall not exceed 50 square feet
(8) In developments utilizing a multi -tenant complex sign, on-site freestanding business signs shall
not exceed 50 square feet.
(9) Freestanding signs located in the RA (Rural Areas) Zoning District shall not exceed 50 square
feet.
I. Type. All freestanding business signs shall be monument signs.
J. Number.
(1) Freestanding business signs, excluding multi -tenant complex signs, in the M1 and M2 Districts
shall be limited to one per property.
(2) Freestanding multi -tenant complex signs in the M1 and M2 Districts shall be limited to one per
business park.
(3) Freestanding business signs, excluding multi -tenant complex signs, shall be limited to one per
property in all other districts where allowed.
(4) Freestanding multi -tenant complex signs shall be limited to one per 1,200 linear feet of road
frontage per development in all other districts where allowed.
(5) Cottage occupation signs shall be limited to one per business.
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ATTACHMENT 1
Draft Changes to the Frederick County Sign Ordinance
DRRC Discussion 1/27/11
K. Maintenance. All signs shall be maintained in a state of good repair. Signs that are damaged,
structurally unsound or poorly maintained shall be repaired or removed within 30 days.
(1) If an off -premises sign advertises a business or activity that is no longer being operated or
conducted or if a directional sign refers to a location where the advertised activities no longer
exist, that sign shall be considered to be abandoned and shall be removed by the owner within
30 days.
(2) If the message portion of a sign is removed, the supporting structural components shall be
removed or the message portion replaced within 30 days.
L. Sign Permits.
(1) Before a sign may be constructed, reconstructed or altered, a sign permit shall be obtained from
the Frederick County Building Official.
(2) The following signs shall be exempt from obtaining sign permits a Zoning Sign Permit, provided
they comply with ordinance regulations:
(a) Signs indicating the names or addresses of the occupants of residences.
(b) Signs or bulletin boards associated with public institutions.
(c) Commemorative plaques and historical markers.
(d) Signs identifying civic, social, or other nonprofit organizations.
(e) Private road signs.
(f) Signs erected or required by a governmental agency.
(h) Temporary yard sale signs.
(i) Temporary real estate signs (forsale or lease), subject to the following:
i. For sale or lease signs shall be exempt provided that they meet the following
requirements:
a. For sale or lease signs shall be no larger than sixteen (16) square feet for
residential uses,
b. For sale or lease signs shall be no larger than thirty-two (32) square feet for
nonresidential uses;
c. Signs shall be set back from all property lines one (1) foot for each foot in
height of the sign, and there shall be no more than two (2) signs on any lot
(j) Temporary window signs.
(lo Ternperap� senstFUGtio^ ;ig„T
(1) Temporary campaign signs.
(m) Direstienal signs
(n) lnfermsigns-.
(o) Flag signs.
(3) All other temporary signs two square feet or larger in size shall require a Zoning Sign Permit
M. Temporary Signs requiring Zoning Sign Permits.
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ATTACHMENT 1
Draft Changes to the Frederick County Sign Ordinance
DRRC Discussion 1/27/11
Temporary signs .shall only he permitted when the proposed sign meets the definition
of "temporary sign" in the Zoning Ordinance.
2. A temporary zoning sign permit application must be submitted to and approved by the
Planning Department.
3. Permitted time period for temporary signs requiring a zoning permit shall be as
-follows:
a. Temporary commercial construction signs can only be approved for the same
period of time permitted for the construction activity'
b. "Now hiring" "now opening" and "grand opening" event signs can be permitted
for a maximum of sixty (60) days (no renewals permitted)
C. "Coming soon" or "future home or signs can be permitted for one (1) year, and
may be renewed thereafter for successive periods of one (1) year each
Regardless of such period of approval the permit for a temporary sign shall
automatically expire fifteen (15) days after a permit for any permanent sign for
the same project is approved;
d. Signs dealing with construction projects including builders developers
engineers, finance companies associated consultants may be approved for one
(1) year, and may be renewed thereafter for successive periods of one (1) year
each during the time occurring Regardless of such period of approval the
permit for a temporary sign shall automatically expire fifteen (15) days after a
permit for a permanent sign for the same project is approved
N. Requirements for Temporary Banner Signs.
1. Temporary banner signs are permitted subject to the following provisions•
a. Banner purpose. Banners shall advertise special promotions community events
or new business, and shall not solely advertise a business name and/or logo
b. Approval required. A temporary banner sign permit application must be
submitted to and approved by the Zoning Administrator at least five days prior
to the installation of any banner. Such application shall indicate the size area
and proposed location and manner of fastening of the banner. Once the banner
has been approved, a designated identification number shall be assianed to the
banner. The applicant shall print this number and the required date of removal
in one and one half inch numbers on the lower right hand corner on the banner.
Any banner installed without prior approval of the Zoning Administrator shall
be remove immediately upon notification by the Zoning Administrator and no
other banners shall be displayed upon the property by the same business or
organization for 90 days.
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ATTACHMENT 1
Draft Changes to the Frederick County Sign Ordinance
DRRC Discussion 1/27/11
C. Number of banners permitted. A maximum of one banner per business may be
displayed at a time.
d. Display time permitted. A permitted banner may only be displayed a maximum
of thirty (30) consecutive days during a calendar year on the same property,
Permitted banner signs advertising special promotions may be displayed an
individual maximum of 30 consecutive days per banner, and a cumulative
maximum of 60 days during a calendar year on the same property,
e. Location requirements.
L Banner signs shall be located on the same property as the sponsoring business
or organization.
ii. Banners maybe building mounted or freestanding.
W. Banners shall not be attached to trees, shrubs or fences and cannot be located
with any road right-of-way.
ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
Part 101– General Provisions
§ 165-101.02. Definitions & word usage.
SIGN –Any object, device, display or structure or part thereof, situated outdoors or indoors, which is
used to advertise, identify, display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any means, including words, letters,
figures, design, symbols, fixtures, colors, illumination or projected images.
H. SIGN, ELECTRONIC MESSAGE — A sign with a fixed or changing message and/or display composed
of a series of lights that may be changed through electronic means. LED (light emitted diodes) is a
type of electronic message sign. Such electronic sign messages or graphics shall be displayed for a
minimum of two minutes, and shall not be animated by scrolling, flashing or other similar
nonstatic displays (i.e. characterized by a lack of movement animation or progression) In no
case shall an electronic message sign occupy more than 50% of the area of a permitted sign size.
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ATTACHMENT 1
Draft Changes to the Frederick County Sign Ordinance
DRRC Discussion 1/27/11
S. SIGN, PORTABLE — A sign designed or intended to be moved easily that is not permanently
embedded in the ground or affixed to a building or other structure; any sign that is mounted on
any vehicle, trailer, or chassis, A -frame;, and is easily carried and moved to another location.
V. SIGN, TEMPORARY - A sign intended to display either commercial or non commercial messages of
a transitory, non permanent, or temporary nature, and which may include, as a permitted sign
pursuant to this chapter, a sign that is portable. Temporary signs may call attention to
construction proiects on the premises; real estate or building space for sale or lease on the
premises; grand opening, coming soon, now hiring, now open, or related temporary commercial
activities upon the premises; or political or campaign signs which advertise a candidate
legislation or other issue relating to an election or voting event, or to community or civic events
projects, or meetings. Other temporary signs not specifically authorized by § 165-201.068 are
prohibited.
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