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040-24 (OrdAmendmentChapter165Zoning(Signs) .f ` ORDINANCE ■ y1� PLANNING COMMISSION: January 3, 2024 Recommended Approval BOARD OF SUPERVISORS: Januar 24, 2024 Adopted AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES PART 201 — SUPPLEMENTARY USE REGULATIONS §165-201.06(B)(1)(e) SIGNS ALLOWED IN CERTAIN DISTRICTS ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES PART 201 —SUPPLEMENTARY USE REGULATIONS §165-201.06(B)(4)(a)[3] HEIGHT WHEREAS, an ordinance to amend Chapter 165, Zoning, to remove reference to signs allowed in certain districts was considered; and WHEREAS,the proposed changes intend to modify the Zoning Ordinance to increase the allowed sign height in the RA (Rural Areas) Zoning District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Ordinance change on January 3, 2023 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on January 24, 2024, during their regular meeting; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Ordinance Amendment to be in the best interest of the public health, safety,welfare,and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to remove ARTICLE 1I — Supplementary Use Regulations;Parking;Buffers;and Regulations for Specific Uses,Part 201, §165- 201.06(B)(1)(c) and modify ARTICLE II — Supplementaiy Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 201, §165-201.06(B)(4)(a)[3]. RES#040-24 Passed this 24 day of January 2024 by the following recorded vote: Josh Ludwig, Chainnan Aye John Jewell Aye Heather H. Lockridge Aye Robert W. Wells Aye Blaine P. Dunn Aye Robert Liero Aye Judith McCann-Slaughter Aye A COPY ATTEST Michael L. Bollh fer Frederick Coun Administrator RES#040-24 •r COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Fax: 540/665-6395 MEMORANDUM TO: Board of Supervisors FROM: Amy Feltner,Planner SUBJECT: Ordinance Amendment—Signs—Public Hearing DATE: January 8, 2023 Proposal: This proposed amendment to the sign ordinance was initiated by staff. §165-201.06(B)(1)(c). The proposal is to remove this section. The sign ordinance amendments in May 2023 created a new table that conveniently lists the type of signs permitted in each zoning district. (§165-201.06(B)(4)). §165-201.06(B)(1)(c) refers to "signs allowed in certain districts." Since the listed signs were removed with the adoption of the sign ordinance amendments in 2023,this section is no longer necessary. 165-201.06(B)(4)(a)f 31 The proposal is to increase the permitted height of signs in the RA (Rural Area) to a maximum height of 81. Current ordinance allows for a maximum of 50 square feet in area with a maximum of 4' in height. (§165- 201.06(B)(4)(a)). Staff felt that doubling the number was a more appropriate allowance. Meeting Summary& Requested Action: The Development Review& Regulations Committee (DRRC) discussed this item on September 28,2023, and endorsed the proposed changes. The Planning Commission discussed this item on November 1,2023, and sent the item forward with no comments. The Board of Supervisors discussed this item on December 13,2023,and sent the item forward to a public hearing. The Planning Commission recommended approval on January 3,2024,at a public hearing. Staff is seeking action from the Board of Supervisors on the proposed ordinance amendment. ALF/pd Attachments: 1. Revised ordinance 2. Resolution § 165-201.06 Signs. [Amended 6-9-1993; 9-12-2001; 12-14-2005; 2-13-2008; 11-10-2010; 5-10-2023] A. 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: (1) Setting standards and providing uniform, scientifically based controls that permit reasonable use of signs and preserve the character of Frederick County. (2) Prohibiting the erection of signs in such numbers, sizes, designs, illumination, and locations as may create a hazard to pedestrians and motorists. (3) Avoiding excessive conflicts from large or multiple signs, so that permitted signs provide adequate identification and direction while minimizing clutter, unsightliness, and confusion. (4) Establishing a process for the review and approval of sign permit applications. B. Any sign erected, altered, or maintained after the effective date of this section must conform to the following regulations: (1) Signs prohibited and permitted. (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 permit 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. [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. (e) Signs allowed in eet4ain dist+iets. The fellowing�ypes of signs are allowed eiily if t4ey are speeifiea4), [3] Wall w. me � [5] Off pr-emises 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 pedestrians,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 permitted, 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: [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. [2] 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 subsection will not be included in the determination of the type, number, or area of signs allowed on a property. [1] Size. Temporary signs may not exceed five feet in height and 50 square feet(SF). [2] Location. Temporary signs should comply with required setbacks as stipulated above and should not be placed in the public rights-of-way. [3] Permission. The party posting the temporary sign is solely responsible for obtaining permission of the property owner before posting their temporary sign. [4] Duration and removal. [a] Temporary signs may be displayed up to 30 consecutive days, two times per year. [b] Illumination. Illumination of any temporary sign is prohibited. (b) Monument signs. [1] Number. One monument sign is permitted for all properties. [2] 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: [a] Sign height will be measured from the grade level of the adjacent street to which the land upon the sign is located. [b] Signs along arterial roads must not exceed 25 feet in height. [c] Signs along collector roads must not exceed 15 feet in height. [d] Signs along all other roads must not exceed 12 feet in height. [e] In developments utilizing a multi-tenant complex sign, all other signs should not exceed 12 feet in height. [3] 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: [a] Signs along arterial roadways must not exceed 150 square feet. [b] Signs along collector roadways must not exceed 100 square feet. [c] Signs along other roads must not exceed 50 square feet. [d] In development utilizing a multi-tenant complex sign, on-site monument signs must not exceed 50 square feet. [4] Illumination. All monument sign illumination must comply with requirements outlined in § 165- 201.06B(2)(c), Sign illumination. (c) Multi-tenant complex signs. [1] Number. The following regulations apply to the number of multi-tenant complex signs permitted in certain districts: [a] One per 1,200 linear feet of road frontage per development in all districts where allowed. [b] The M1 and M2 Zoning Districts will be limited to one per property. [2] 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: [a] Signs along arterial roads must not exceed 25 feet in height. [b] Signs along collector roads must not exceed 15 feet in height. [c] Signs along all other roads must not exceed 12 feet in height. [3] 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 roadway's classification on which the site's entrance is located, as such: [a] Signs along arterial roadways must not exceed 150 square feet. [b] Signs along collector roadways must not exceed 100 square feet. [c] Signs along other roads must not exceed 50 square feet. [4] Illumination. All multi-tenant sign illumination must comply with requirements outlined in § 165- 201.06B(2)(c), Sign illumination. (d) Wall-mounted signs. [1] 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). [2] Size. Wall-mounted business signs shall be permitted 1 1/2 square feet of sign area for each linear foot of building frontage or 25 square feet,whichever is greater,provided that the total area of any one wall- mounted business sign or signs does not exceed 200 square feet. In situations where there is more than one building user, such as in the diagram below, each user shall be permitted a sign area proportionate to their frontage using the above calculation. [Image] Tenant$3 Tenanta4 Tenant 91 Frontage Tenu►t#2 Frontage Frontage Frontage VO AWA 01 ash d _ ��_.�.. K_.Z;}�� • i r [3] Location. Wall-mounted signs may be located on any wall face. [4] Illumination. All sign illumination must comply with requirements outlined in § 165-201.06B(2)(c), Sign illumination. (e) Electronic signs. [1] Number. 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. [2] Height. Electronic signs must comply with the height requirements for monument signs. [3] Size. Electronic signs must comply with the size requirements for monument signs. [4] Location. Electronic signs must comply with the location requirements for monument signs. [5] Illumination. All sign illumination must comply with requirements outlined in § 165-201.06B(2)(c), Sign illumination. (f) Off-premises signs. In all zoning districts only monument signs and multi-tenant complex signs will be allowed off-premises. No other type of off-premises sign 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: [1] 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. [2] 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. [3] 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 § 165-201.06B(2)(b). (g) All other signs. All other sign types (i.e., signs permitted in all districts)not specified above must not exceed five feet in height and four square feet in sign area and must be pole mounted. (4) Specific sign regulations by zoning district. Table 1: Sign Types Permitted by Zoning District Business RP,R4 and RA and R5 Industrial Sign Type District Districts Districts Temporary X X X signs* Monument X X X signs Multi-tenant X complex signs Wall-mounted X X X signs Electronic X X X message signs Off-premises X X X signs** NOTES: * Temporary signs do not require a sign permit, and may be displayed up to 30 consecutive days, two times per year. Table 1: Sign Types Permitted by Zoning District Business RP,R4 and RA and R5 Industrial Sign Type District Districts Districts Off-premises 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: [1] Signs in the RA District may be pole-mounted, hanging or monument style signs. [2] Number. One sign is permitted per parcel. [3] Height. Signs in the RA District must not exceed€etw- ht feet in height. [4] Size. Signs in the RA District must not exceed 50 square feet in sign area. [5] Illumination. All sign illumination must comply with requirements outlined in § 165-201.06B(2)(c), Sign illumination. (b) RA (Rural Areas), RP (Residential Performance), MHI (Mobile Home Community District), R4 (Residential Planned Community) and 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 B(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 subdivision identification sign per entrance. [c] Height. Subdivision identification signs must not exceed eight 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 § 165-201.06B(2)(c), Sign illumination. [2] In areas with an approved conditional use permit for cottage occupations, for each lot or parcel containing a residence, one sign, in addition to any other sign permitted for the lot or parcel, not to exceed five feet in height nor four 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, MH I, R4 and R5 Districts 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 RP, MH1,R4 and R5 Districts must be monument style signs. [b] Number. One sign is permitted per parcel. [c] Height. Signs in the RP, MH1, R4 and R5 Districts must not exceed four feet in height. [d] Size. Signs in RP, MH1, R4 and R5 Districts must not exceed 25 square feet in sign area. [e] Illumination. All sign illumination must comply with requirements outlined in § 165-201.06B(2)(c), Sign illumination.