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063-23 (OrdAmendmentChapter165Zoning(Signs) ORDINANCE 7 Action: PLANNING COMMISSION April 19, 2023 BOARD OF SUPERVISORS May 10, 2023 ORDINANCE REGARDING CHAPTER 165, ZONING ORDINANCE CHAPTER 165 - ZONING ARTICLE I General Provisions, Amendments, and Conditional Use Permits Part 101 —General Provisions §165-101.02 Definitions & word usage. ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 201 --Supplementary Use Regulations §165-201.06 Signs. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 - RA Rural Areas District §165-401.02. Permitted uses. Part 402 —RP Residential Performance District §165-402.02. Permitted uses. Part 403 —MH1 Mobile Home Community District §165-403.02. Permitted uses. ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 504— MS Medical Support District §165-504.08. Sign Regulations. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 602 - B I Neighborhood Business District, §165-602.02. Allowed uses. Part 603-- B2 General Business District Res# 063-23 §165-603.02. Allowed uses. Part 604—B3 Industrial Transition District §165-604.02. Allowed uses. Part 606 - M1 Light Industrial District §165-606.02. Allowed uses. Part 607 - M2 Industrial General District §165-607.02. Allowed uses. Part 608—EM Extractive Manufacturing District §165-608.02. Permitted uses. Part 609—HE Higher Education District §165-609.02. Permitted uses. WHEREAS,a proposal to amend Chapter 165—Zoning Ordinance to modify signs regulations,to ensure a content-neutral regulatory approach, was considered; and WHEREAS, the proposed amendment maintains many of the sign standards (size, height, number, location) currently permitted, reorganizes the section, and includes new sign definitions; and WHEREAS,the proposed amendment adds a new"Multi-Tenant Frontage Signs"sign type,increases the allowance for electronic signs and permits electronic signs in the RA(Rural Areas)Zoning District, codifies the maximum sign area for allowed uses the RA Zoning District; and WHEREAS, the Frederick County Planning Commission held a public bearing on the ordinance amendment on April 19,2023,and was unable to reach a majority vote on a recommendation regarding the ordinance amendment; and WHEREAS,the Board of Supervisors held a public hearing on this ordinance amendment on May 10, 2023 and; WHEREAS,the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare and in good zoning practice; and NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165—Zoning Ordinance is amended to implement various changes to regarding the regulation of signs,as shown in the attached, and ensure content neutral regulations, is hereby adopted. Passed this 10th day of May 2023 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye Robert W. Wells Aye Blaine P. Dunn Absent Josh E. Ludwig Aye Judith McCann-Slaughter Aye Heather H. Loekridge Aye A COPT' ATTEST aM- Michael L. Bollhfer Frederick County Administrator Res# 063-23 •r COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Fax: 5401665-6395 MEMORANDUM TO: Board of Supervisors FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment— Signs—Public Hearing DATE: April 24, 2023 Proposal & Background: This proposed amendment to the sign ordinance was initiated by staff at the direction of the County Attorney. This proposal would modify the signs ordinance to be compliant with the Reed vs.Town of Gilbert ruling (SCOTUS). Specifically, the changes proposed ensure a content-neutral approach to sign regulations and protection of 1$t Amendment rights to free speech. Many of the sign standards (size, height, number, location) currently included in the ordinance remain unchanged, however, the section is reorganized, new sign definitions are proposed, and other sections of the ordinance were amended where signs are referenced. Signs permitted are also removed from the various zoning district sections of the Zoning Ordinance for consistency. Staff would note the following specific changes to the sign ordinance standards for certain sign categories beyond those general changes for content-neutral sign regulations described above: Multi-Tenant Frontage Signs Addition of a new sign type clarifying how much wall area may be allocated for signage for buildings with more than one tenant (for example strip retail centers). The proposed change to building mounted signs permits signage proportional to the linear frontage for individual tenants. Electronic Sims Change to the allowance for the electronic display portion of signs up to 100%of the sign area and reduce the frequency at which the sign display may change to 15-seconds. Electronic signs are also nowproposed to be permitted in the RA (Rural Areas)Zoning District.The proposed change to electronic sign regulations incorporates consensus from the Board of Supervisors discussion to consider a greater allowance for electronic signs. Signs in RA Rural Areas Zoning District Addition of a maximum sign area of 50 square feet (SF) for allowed uses (such as farm markets and churches) in RA District. The proposed change to RA District signs codifies sign allowances already granted by the Zoning Administrator and/or allowed with approved conditional use permits (CUP). The sign size permitted would be capped at 50 SF regardless of the adjoining roadway classification. OA-Sign Ordinance April 24,2023 Page 2 Current Zoning Ordinance Standards: This section(§165-201.06) 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 Plan. Multi-Tenant Frontage Signs Presently, building mounted signs are permitted up to 20% of the wall area, not to exceed 200 square feet in sign area. In situations where there are more than eight(8)individual building users, each user shall not have a sign larger than 25 square feet. Electronic Signs Presently, electronic signs are permitted up to 50% of the permitted sign area to display special events, banners, and other non-static information. The business/organization name typically occupies the non-electronic portion of the sign area.The speed at which the electronic display area changes is presently 2-minutes; animation and flashing are also prohibited as to not distract motorists. Electronic signs are presently prohibited in the RA Zoning District. Signs in the RA(Rural Areas)Zoning District Presently, there is not a codified sign area allowance for the allowed uses in the RA Zoning District. The Zoning Administrator has allowed up to 50 SF for certain by-right uses (such as churches). Conditional use permits (CUPs) in the RA District for cottage occupations have permitted a maximum sign area of 25 square feet(SF); CUPs for other uses(such as special event facilities) have permitted a maximum sign area of 50 SF. Meeting Summary& Requested Action: The Development Review & Regulations Committee (DRRC) discussed this item on January 26, 2023, and were supportive of the proposed changes.The Planning Commission discussed this item on February 15, 2023, and send forward the item with no comments. The Board of Supervisors discussed this item on March 8, 2023.. Supervisor Graber requested staff to modify the proposed ordinance amendment to increase the allowance for electronic signs to 100% of the sign area and reduce the frequency at which the sign display may change from two (2) minutes to 15-seconds. The Board of Supervisors, through consensus, sent the item forward, with the changes proposed by Supervisor Graber, to a public hearing. The Planning Commission held a public hearing on April 19, 2023, and no members of the public spoke on the proposed ordinance amendment. The primary discussion among the Planning Commission was the appropriateness of the request to increase the electronic display area for freestanding signs. The Planning Commission was split on the proposed change to allow freestanding signs to have electronic display areas up to 100% of the sign area permitted. Staff noted that the existing electronic display allowance, up to 50% of the sign area, was already less restrictive than other localities, many of which restrict the use of electronic displays on signs to only gas prices,time,and temperature. Concerns for increasing the electronic display area included OA— Sign Ordinance April 24,2023 Page 3 light pollution in the rural areas and creating more distractions for motorists. There was consensus that reducing the frequency at which the sign display may change to 15-seconds was appropriate and should be adopted by the Board. The other proposed changes to the multitenant frontage signs and signs in the RA Zoning District received support. Ultimately following two (2) tie votes, the Planning Commission did not provide a recommendation on the sign ordinance amendment (Commissioners Markert &Molden absent). The attached document shows the existing ordinance with the proposed changes as drafted by Staff and the County Attorney and those additional changes requested by the Board of Supervisors.Staff are seeking a decision from the Board of Supervisors on this proposed ordinance amendment for sign regulations. MTK/pd Attachments; 1. Revised ordinance-Sign Ordinance 2. Revised ordinance-Sign References in Other Sections 3. Current Standard 4. Resolution ALL NEW DUE TO NUMEROUS CHANGES Proposed Changes–Sign Ordinance Revised March 31,2023 ARTICLE I GENERAL PROVISIONS,AMEDNMENTS,AND CONDITIONAL USE PERMITS Part 101–General Provisions §165-101.02 Definitions&word usage A. SIGN-Any object,device,display,structure,fixture,painting,emblem, or visual or part thereof,that is designed to use words,designs, figures,graphics,colors,illumination or projected images,fixtures, symbols,numbers,or letters for the purpose of communicating a message. B. SIGN AREA—The sign area will be measured as the area of a sign face with the smallest square, circle,rectangle,triangle or combination thereof that encompasses the extreme limits of the words, designs,figures, graphics,colors,illumination or projected images,fixtures,symbols,numbers,or letters or any part or combination thereof together with any materials or colors forming an integral part of the background of the sign face or used to differentiate the sign from the backdrop or structure against which it is placed. In the case of a double-faced sign where the interior angle formed by the faces is 45°or less or where the sign face is parallel,only one display face will be used in calculating the area. Measuring Sign Area 9 nI sN E 2u + I os r as• A. CHANNEL L£TfERS B. FLEX FACE/BOARD C. SIGN,ANIMATED—Any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation. D. SIGN,COTTAGE OCCUPATION—Any additional signage permitted on a parcel as a result of the County approving a conditional use permit for a cottage occupation on the parcel. E. SIGN,ELECTRONIC —Any sign with a fixed or changing graphics composed of a series of lights or light-emitting devices that may be changed through electric or electronic means. F. SIGN,FLAG—Any piece of cloth or bunting,with distinctive colors,patterns,or symbolic devices, that may constitute, among other things,a governmental or organizational symbol,or that may be decorative. G. F. SIGN, FLASHING—Any sign directly or indirectly illuminated that exhibits changing natural or artificial light or color effects by any means whatsoever. H. SIGN,ILLUMINATED—Any sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign. 1. SIGN,INCIDENTAL WINDOW- Any sign displayed in a window. ALL NEW DUE TO NUMEROUS CHANGES Proposed Changes–Sign Ordinance Revised March 31,2023 J. SIGN,INFLATABLE—Any sign that is an air-inflated object,which may be of various shapes, made of flexible fabric,resting on the ground or structure, and equipped with a portable blower motor that provides a constant flow of air into the device. K. J. SIGN,INTERSTATE OVERLAY—Any on-premises business sign located within the Interstate Area Overlay District meeting all requirements of Article VII,Part 704 of this chapter. L. SIGN,MONUMENT—Any freestanding sign placed directly on the ground by means other than a support pole or brace in which the message portion is either on top of, or affixed to,the support structure. The width of the support structure for the monument sign must be a minimum of 50%of the width of the sign face area. Examples of Monument Signs BUSINESS PARK/TRADE NAME GROUND OR LOST PROFILE NIONUNMN T OR BLADE PILON M. SIGN,ON-PREMISE MULTI-TENANT COMPLEX—Any sign relating to more than one business,profession,produce, service,event, or other commercial or non-commercial activity sold, offered,or conducted on the same parcel of land where the sign is located. N. SIGN,OFF-PREMISES— Any sign relating to a business,profession,product,service,event,or other commercial or non-commercial activity not sold,offered,or conducted on the same parcel of land where the sign is located. O. SIGN, ON-PREMISES—Any sign relating to a business,profession,product,service,event, or other commercial or non-commercial activity sold,offered,or conducted on the same parcel of land where the sign is located. P. SIGN,RESIDENTIAL SUBDIVISION IDENTIFICATION—Any sign which denotes the name of a residential subdivision,condominium,or apartment complex. Q. SIGN,ROOF—Any sign that is mounted on the roof of a building or a sign that projects above the top wall or edge of a building with a flat roof,the eave line of a building with a gambrel,gable, or hip roof,or the deck line of a building with a mansard roof. R. SIGN, SNIPE–Any sign tacked,nailed,posted,pasted,glued,or otherwise attached to trees,poles, stakes,fences,public benches, streetlights, or other objects, or placed on any public property or in the public right-of-way or on any private property without the permission of the property owner. S. SIGN,TEMPORARY. Any sign designed or intended to be moved easily that is not permanently attached to the ground or affixed to a building or other structure.May also include banner signs. T. SIGN,WALL-MOUNTED—Any sign fastened to the wall of a building or structure in such a manner that the wall becomes the supporting structure for the sign. ALL NEW ®UE TO NUMEROUS CHANGES Proposed Changes—Sign Ordinance Revised March 31,2023 ARTICLE II SUPPLEMENTARY USE REGULATIONS,PARKING,BUFFERS,AND REGULATIONS FOR SPECIFIC USES Part 201 —Supplementary Use Regulations §165-201.06 Signs Signs perform an important function in identifying and promoting properties, businesses, services, residences, events, and other matters of interest to the public. The intent of this Section is to regulate all signs within the] County to ensure that they are appropriate for their respective uses, in keeping with the appearance of the affected property and surrounding environment, and protective of the public health, safety,and general welfare by: • Setting standards and providing uniform,scientifically based controls that permit reasonable use of signs and preserve the character of Frederick County. • Prohibiting the erection of signs in such numbers, sizes, designs, illumination, and locations may create a hazard to pedestrians and motorists. • Avoiding excessive conflicts from large or multiple signs,so that permitted signs provide adequate identification and direction while minimizing clutter,unsightliness,and confusion. • Establishing a process for the review and approval of sign pen-nit applications. Any sign erected, altered, or maintained after the effective date of this Ordinance must conform to the following regulations. 1. Signs Prohibited and Pennitted. A. Signs and characteristics prohibited in all districts. The following signs are unlawful and prohibited in all zoning districts: (1) Signs that violate state or federal law, for example unofficial traffic control devices as prohibited under§ 46.2-831 of the Virginia Code, (2) Signs with characteristics that create a safety hazard or are contrary to the general welfare. (3) Certain sign types. Signs that are: a. Animated or flashing signs. b. Signs painted directly onto the exterior of buildings. c. Inflatable signs. d. Roof sign. e. Snipe Signs B. Signs allowed in all districts. The following signs are allowed without a sign pen-nit and will not be included in the determination of the type,number,or area of permanent signs allowed within a zoning district,provided such signs comply with the regulations in this section,if any. (1) Address signs. (2) Government/regulatory signs. (3) Official traffic signs and private road/drive signs. (4) Signs erected or required by a governmental agency. (5) Temporary signs. ALL NEW DUE TO NUMEROUS CHANGES Proposed Changes—Sign Ordinance Revised March 31,2023 (6) Flag signs. (7) Directional signs. (8) Holiday and seasonal decorations. (9) Security and warning signs. (10)Legal notices,such as posted service or notice of unfitness for habitation. 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) Monument signs. (2) Multi-tenant Complex signs. (3) Wall-Mounted signs. (4) Window signs. (5) Off-Premise signs. (6) Electronic signs. (7) Signs approved with a Conditional Use Permit, such as cottage occupation signs. 2.General Regulations of all signs. A. Sign Location.All freestanding signs must be set back at least 10 feet from lot lines or property boundary lines. Signs that are attached to buildings must meet the required setbacks for that building. B. Sign Spacing.The minimum distance separating signs is 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 must 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 required 100 feet. C. Sign Illumination. (1) Signs may be illuminated, unless otherwise specified herein, subject to and consistent with the following standards: a. Light sources to illuminate signs are neither to be visible from any street right-of-way,nor cause glare hazardous or distracting to pedestrian,vehicle drivers,or adjacent properties. b. Flashing,revolving, scrolling or intermittent light visible from any property line or street is prohibited. c. For electronic signs,when operating,displays must be static for a minimum of 15 seconds, and must not be animated by scrolling,flashing or other similar nonstatic displays. d. Each sign must have a light sensing device that will automatically adjust the brightness of the display as the natural ambient light conditions change to comply with the limits set here within. (2) Types of Illumination: Where pennitted,illumination may be: a. External: Externally illuminated signs, where permitted, are subject to the following regulations: i. The source of the light must be concealed by translucent covers. ii. External illumination must be by a steady, stationary light source, shielded and directed solely at the sign.The light source must be static in color. b. Internal: Internally illuminated signs, where permitted, are subject to the following regulations: ALL NEW DUE TO NUMEROUS CHANGES Proposed Changes—Sign Ordinance Revised March 31,2023 i. Internal illumination,including neon lighting,must be static in intensity and color. D. Maintenance.All signs must be maintained in a state of good repair. Signs that are damaged,structurally unsound or poorly maintained must be repaired or removed within 30 days. (1) If an off-premises sign advertises a specific business,product, service, event, or activity that is no longer being operated or conducted or if a sign refers to a location where the advertised activities no longer exist,that sign will be considered to be abandoned and must be removed within 30 days. E. Sign permits. (1) Before a sign may be constructed,reconstructed or altered,a sign permit must be obtained from the Frederick County Building Official. (1) An application for a sign permit must include: a) A description of the sign indicating the number, size, shape,dimensions,and colors of the sign. b) A schematic drawing of the site showing the proposed location of the sign in relation to nearby buildings and streets. c) The number of signs on the site. 3. Regulations by Sign Type A. Temporary Signs. Temporary signs, as defined in this section,located on private property,are exempt from standard sign permit requirements.Temporary signs that comply with the requirements in this sub-section will not be included in the determination of the type,number,or area of signs allowed on a property. a) Size.Temporary signs may not exceed five(5)feet in height and 50 square feet(SF). b) Location.Temporary signs should comply with required setbacks as stipulated above and should not be placed in the public rights-of-way. c) Permission. The party posting the temporary sign is solely responsible for obtaining permission of the property owner before posting their temporary sign. d) Duration and Removal i. Temporary signs maybe displayed up to 30 consecutive days,two(2)times per year. ii. Illumination. Illumination of any temporary sign is prohibited. B. Monument Signs a) Number. One(1)monument sign is permitted for all properties. b) Height. Other than the RA(Rural Areas) zoning district,all monument signs located in other zoning districts will be permitted to establish a maximum sign height reflective of the roadway which the site's entrance is located on, as such: i. Sign height will be measured from the grade level of the adjacent street to which the land upon the sign is located. ii. Signs along arterial roads must not exceed 25 feet in height. ALL NEW DUE TO NUMEROUS CHANGES Proposed Changes—Sign Ordinance Revised March 31,2023 iii. Signs along collector roads must not exceed 15 feet in height. iv. Signs along all other roads must not exceed 12 feet in height. v. In developments utilizing a multi-tenant complex sign,all other signs should not exceed 12 feet in height. c) Size. Other than the RA(Rural Areas) zoning district, all monument signs located in zoning districts will be permitted to establish a maximum sign area reflective of the adjacent roadways' classification,as such: i. Signs along arterial roadways must not exceed 150 square feet. ii. Signs along collector roadways must not exceed 100 square feet. iii. Signs along other roads must not exceed 50 square feet. iv. In development utilizing a multi-tenant complex sign,on-site monument signs must not exceed 50 square feet. d) Illumination.All monument sign illumination must comply with requirements outlined in §165-201.06(2)(C),sign illumination. C. Multi-tenant Complex Signs a) Number:The following regulations apply to the number multi-tenant complex signs pennitted in certain district: i. One(1) per 1,200 linear feet of road frontage per development in all districts where allowed. ii. The M1 and M2 Zoning Districts will be limited to one(1)per property. b) Height.Multi-tenant complex signs shall not exceed the following maximum sign heights,based on the roadway on which the site's entrance is located: i. Signs along arterial roads must not exceed 25 feet in height. ii. Signs along collector roads must not exceed 15 feet in height. iii. Signs along all other roads must not exceed 12 feet in height. c) Size. Multi-tenant complex signs located in zoning districts other than the RA(Rural Areas) zoning district shall not exceed the following maximum sign area,based on the adjacent roadways classification which the site's entrance is located, as such: i. Signs along arterial roadways must not exceed 150 square feet. ii. Signs along collector roadways must not exceed 100 square feet. iii. Signs along other roads must not exceed 50 square feet. d) Illumination. All multi-tenant sign illumination must comply with requirements outlined in §165-201.06(2)(C),sign illumination. D. Wall-Mounted Signs a) Height. Wall-mounted signs must 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§ 165-201.03B(6) (Height limitations,exceptions) are allowed wall-mounted signs with a maximum height not to exceed the maximum height requirement of§ 165-201.03B(6). b) Size. Wall-mounted business signs shall be permitted one and one-half(1 1l2)square feet of sign area for each linear foot of building frontage or twenty-five(25) square feet,whichever is greater,provided that the total area of any one wall-mounted ALL NEW DUE TO NUMEROUS CHANGES Proposed Changes—Sign Ordinance Revised March 31,2023 business sign or signs does not exceed 200 square feet. In situations for where there is more than one building users, such as in the diagram below,each user shall be permitted a sign area proportionate to their frontage using the above calculation. Tenant a3 TQrtant P4 Tenantfl 1 Frontage Tenaett 92 Frontage Frolizage Frontage NUA 11 c) Location. Wall-mounted signs may be located on any wall face. d) Illumination. All sign illumination must comply with requirements outlined in §165- 201,06(2)(C),sign illunination. E. Electronic Signs a) dumber. A monument sign may include an electronic sign as a component of the sign,provided that,if a property is allowed more than one sign,no more than one of its signs may include an electronic sign. b) Height.Electronic signs must comply with the height requirements for monument signs. c) Size. Electronic signs must comply with the size requirements for monument signs. d) Location. Electronic signs must comply with the location requirements for monument signs. c) Illumination. All sign illumination must comply with requirements outlined in §165- 201.06(2)(C),sign illumination. F. Off-Premise Signs. In all zoning districts only monument signs, and multi-tenant complex signs will be allowed off-premises.No other type of off-premises signs is allowed. Such signs will 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 not be limited to,the following: a) Appropriate separation must 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 must be limited to a size,scale and height that does not detract from surrounding properties and uses,and in no case may exceed the size and height regulations set forth in § 165-201.06 for signs. c) Off-premises signs must be properly separated from each other to avoid clutter along road corridors, and in no case may be less than the regulations set forth in § 165- 201.06(2)B. G. All other signs.All other sign types (i.e., signs permitted in all districts)not specified above must not exceed five(5) feet in height and four(4)square feet in sign area and must be pole mounted. ALL NEW DUE TO NUMEROUS CHANGES Proposed Changes—Sign Ordinance Revised March 31,2023 4. Specific Sign Regulations by Zoning District Table 1: Sign Types Permitted by Zoning District Sign Type RA District RP,R4&R5 Business& Districts Industrial Districts Temporary Signs* X X X Monument Signs X X X Multi-tenant Complex Signs X Wall-Mounted Signs X X X Electronic Message Signs X X X Off-Premise Si ns** X X X *Temporary Signs do not require a sign permit, and may be displayed up to 30 consecutive days,two (2) tunes per year. "Off-Premise Signs require a Conditional Use Permit. A. RA(Rural Areas) District. For parcels in the RA district with an allowed by-right use(excluding residences) or an approved conditional use permit(CUP)the maximum size and number of signs that the owner or owners of the property may erect and maintain at the entrances to the property are subject to the following requirements: a) Signs in the RA district may be pole-mounted,hanging or monument style signs. b) Number. One(1)sign is permitted per parcel. c) Height. Signs in the RA district must not exceed 4 feet in height. d) Size. Signs in the RA district must not exceed 50 square feet in sign area. e) Illumination.All sign illumination must comply with requirements outlined in §165-201.06(2)(C),sign illumination. B. RA(Rural Areas),RP (Residential Performance), MH1 (Mobile Home Community District), R4 (Residential Planned Community) &R5 (Residential Recreational Community)Districts. (1) Other than subdivision identification signs permitted at the development entrance,the only other signs permitted are as provided in subsection 3(G) above. For residential developments the maximum size and number of signs that the owner or owners of the residential development may erect and maintain at the entrances to the development are subject to the following requirements: a) Subdivision identification signs must be monument style signs. b) Number. One(1)subdivision identification sign per entrance. c) Height. Subdivision identification signs must not exceed eight(8)feet in height. d) Size. Subdivision identification signs must not exceed 32 square feet in sign area. e) Illumination.All sign illumination must comply with requirements outlined in §165- 201.06(2)(C),sign illumination. ALL NEW DUE TO NUMEROUS CHANGES Proposed Changes—Sign Ordinance Revised March 31,2023 (2) In areas with an approved conditional use permit for cottage occupations,for each lot or parcel containing a residence,one(1)sign,in addition to any other sign pennitted for the lot or parcel,not to exceed five(5)feet in height nor four(4) square feet in area, such as a cottage occupation sign, is allowed. Signs may be pole-mounted,hanging or monument style signs. Illumination of such signs is prohibited. (3) For parcels in the RP,MH1,R4 and R5 districts with an allowed by-right use(excluding residences)or an approved conditional use pen-nit(CUP) the maximum size and number of signs that the owner or owners of the property may erect and maintain at the entrances to the property are subject to the following requirements: a) Signs in the RP,MH 1, R4 and R5 districts must be monument style signs. b) Number. One(1) sign is permitted per parcel. c) Height. Signs in the RP,MH1,R4 and R5 districts must not exceed 4 feet in height. d) Size. Signs in RP,MH 1, R4 and R5 districts must not exceed 25 square feet in sign area. e) Illumination. All sign illumination must comply with requirements outlined in§165- 201.06(2)(C),sign illumination. Proposed Changes-Signs(references in other ZO sections) Drafted March 9,2023 Chapter 165 -Zoning Ordinance Article IV Agricultural and Residential Districts Part 401 RA Rural Areas District §165-401.02 Permitted Uses V. Signs-allowed in §165 -201.06B Part 402 RP Residential Performance District §165-402.02 Permitted Uses (13) Residential subdivision sigiis (14) Signs allewed in §165 201.06B Part 403 MH1 Mobile Home Community District §165-403.02 Permitted uses L.Busifiess signs asseeia ed with sehools, >publie parks, pjaygFeunds and-iFeeize-Ati-A44-Riuses, fir-es stations aeampanies and fesette a M. Residential subdiA,4siaa identifieati N Signs allowed i §165 201.06(B) Article V Planned Development Districts Part 504 MS Medical Support District 165 504.08 Sign RegWafiens A. PeEmitted signage. 4) Biasiness signs-. 2) Signs allowed in § 165 201.06B I ��]II . 44 B.All bidsiness signs shall be manument st�4e signs that are a maxinium E)f!2 feet in height. B signs shall nat n eya 1-0-0 n feer in afea. Tl_, n f.-.,� r„ § 1 65 7111 0614(1 l f this i,.,. ter E-� ��v`�1 £�Ai3��esigns shall c.vnzzvxxrrco�z�a Lvrvgrx�a�—czzrscm�rcr. Proposed Changes-Signs(references in other ZO sections) Drafted March 9,2023 E. —Dir-eetiefial sigfts Hiad ati site infi3fffl ati anal signs shall be set baek a ffliniHiiam E)f fvve feet fTeffl a!! adequate sight distanee. Dir-eetieiial sigiis shall not e,-Eeeed 50 Settlafe 4et in area,and infb�atieaal sigfis shall not eieeed 20 sEtuafe feet in area. Difeetional sigiis and infbrmational signs shall be e�xempt ffaiffi Article VI Business and Industrial Zoning Districts Part 602 B1 Neighborhood Business District §165-602.02 Allowed uses Bu Multi tenant eample*'V-+S - Part 603 B2 General Business District §165-603.02 Allowed uses Signs allowed iii §165 241,064 Multi tenant eempleK signs Part 604 B3 Industrial Transition District §165-604.02 Allowed uses Signs all-wed in §165 2-04-.Qf44 Part 606 M1 Light Industrial District §165-606.02 Allowed uses signs a4lawed in §4 65-241-.064 it.eestai diiig buildifig efttr e Proposed Changes—Signs(references in other ZO sections) Drafted March 9,2023 Part 607 M2 Industrial General District §165-607.02 Allowed uses BusiBess Signs all in §165 241,064 13 Part 608 EM Extractive Manufacturing District §165-608.02 Permitted uses L. Signs allowed in §16 5 20 1 06A Part 609 HE Higher Education District §165-606.02 Permitted uses R Rn sine R Signs allowed in §166201.066 F. 11114122, 10:35 AM Frederick County,VA Signs. (11) Temporary campaign signs. (12) Flag signs. (13) Informational signs. (14) Directional signs. (15) Temporary banner signs: not to be displayed for more than 30 days. 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. (4) Residential subdivision identification signs. (5) Multi-tenant complex signs. (6) Interstate overlay district signs. (7) Electronic message signs. Such electronic sign messages shall be displayed for a minimum of two minutes, and shall not be animated by scrolling, flashing or other similar nonstatic displays. In no case shall an electronic message sign occupy more than 50% of the area of a permitted sign size. D. 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 not be limited to, the following: [Amended 11-10-2010] (1) 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. (2) 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. (3) 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. 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. 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. F. 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 required 100 feet. G. Height. The following restrictions shall apply to the height of signs: https://ecode360.com/print/FRI364?guid=8708018 214 11114122, 10:35 AM Frederick County,VA 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 § 165-201.03B(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 five feet in height. (3) Freestanding directional signs shall not exceed five feet in height. (4) Freestanding informational signs shall not exceed five feet in height. (5) Freestanding residential subdivision entrance signs shall not exceed eight 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 shall be permitted to encompass 20% of the area of the wall to which the sign is attached, provided that the total area of the wall-mounted business sign does not exceed 200 square feet. In situations where there are more than eight individual building users, each user shall not have a sign larger than 25 square feet. (2) Cottage occupation signs shall not exceed four square feet in area. (3) Freestanding building entrance sign shall not exceed four square feet in area. (4) Subdivision entrance signs shall not exceed 32 square feet in area. (5) Directional signs shall not exceed five 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' classification, 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, I. Type. All freestanding business signs shall be monument signs. https:/Iecode3BO.r-om/print/FR1364?guid=8708018 314 11114122. 10:35 AM Frederick County,VA 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. 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, 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. (g) Temporary yard sale signs. (h) Temporary real estate signs. (i) Temporary window signs. 0) Temporary construction signs. (k) Temporary campaign signs. (I) Directional signs. (m) Informational signs. (n) Flag signs. https://ecode360.com/print/FR1364?guid=8708018 4.14