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Home My WebLink About03-07 ApplicationMAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER(S): 85- A -148E ADJOINING PROPERTY ZONING USE: North: B2 (General Business) East: B2 (General Business) South: B2 (General Business) West: B2 (General Business) APPEAL APPLICATION #03 -07 ROMA RESTAURANT Staff Report for the Board of Zoning Appeals Prepared: March 7, 2007 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Board of Zoning Appeals to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. BOARD OF ZONING APPEALS HEARING DATE: March 20, 2007 Pending LOCATION: The subject property is located on the south side of Fairfax Pike (Route 277), approximately 500 feet east of Interstate 81, Exit 307. PROPERTY ZONING USE: Zoning: B2 (General Business) District Land Use: Commercial Land Use: Commercial Land Use: Commercial Land Use: Commercial Land Use: Commercial APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165- 30A(l), animated or flashing signs. REASON FOR APPEAL: Applicant is appealing the decision of the Zoning Administrator as to the use of LED (Light Emitting Diode) signage in Frederick County. Appeal Application #03 -07, Roma Restaurant March 7, 2007 Page 2 STAFF COMMENTS: The applicant is appealing the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance with regards to LED (Light Emitting Diode) signs and EMB (Electronic Message Board). The Frederick County Zoning Ordinance does not define this type of sign; Section 165 -4 of the Frederick County Zoning Ordinance authorizes the Zoning Administrator to make interpretations and applications of the zoning ordinance. Historically, Frederick County has not allowed this type of signage. Furthermore, Section 165 -30 A (1) of the Frederick County Zoning Ordinance does not allow animated or flashing signs within Frederick County. Article XXII Definitions, Section 165 -156 of the Frederick County Zoning Ordinance, defines animated and flashing signs as: ANIMATED SIGN 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. FLASHING SIGN Any sign directly or indirectly illuminated that exhibits changing natural or artificial light or color effects by any means whatsoever. This proposed sign falls under the definition of a flashing sign and is not permitted. Any change in definitions or types of signage allowed by the Frederick County Zoning Ordinance is a legislative action and not within the scope of the Board of Zoning Appeals. STAFF CONCLUSIONS FOR THE MARCH 20, 2007 MEETING: Staff is requesting to affirm the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165- 30A(1) and Section 165 -156, that LED and EMB signage is flashing and is not a permitted sign in Frederick County. 165 -156 ZONING 165 -156 SELF SERVICE STORAGE FACILITY A structure containing separate storage spaces of varying sizes leased or rented as individual leases for the purpose of storing personal property and household goods. SEMITRAILER Every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle. [Added 6 -9 -1993] SERVICE STATION Any premises primarily used for supplying gasoline, oil, tires, accessories and services for automobiles at retail directly to the motorist or consumer. Repair uses are accessory to the other retail services provided. SETBACK The required distance between a building or structure and a lot line. SETBACK, FRONT YARD The required distance between a street right -of -way line and the front line of a building or structure. SETBACK, REAR YARD —The required distance between a building or structure and the rear lot line of the lot containing the building or structure. SETBACK, SIDE YARD The required distance between a building or structure and the side lot line of the lot containing the building or structure. SEWAGE TREATMENT FACILITY Any device or system used in the storage, treatment, disposal or reclamation of sewage and industrial wastes generated by more than two uses or dwellings. SHOPPING CENTER Any development in the B1 Neighborhood Business or B2 Business General Zoning District containing two or more uses within a single approved master development plan or site plan. 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. 16707 6 10 2003 165 -156 FREDERICK COUNTY CODE 165 -156 A. SIGN, BUSINESS A sign which directs attention to a business or profession conducted or to a commodity or service sold, offered or manufactured or to a service or entertainment offered. B. SIGN, COTTAGE OCCUPATION An on- premises sign advertising an approved cottage occupation. C. SIGN, DIRECTIONAL An off premise sign containing directional messages concerning the distance or direction to particular locations. [Amended 9 -12 -2001] D. SIGN, BUILDING ENTRANCE A sign designating the location to the outside entrance to a particular use. E. SIGN, OFF- PREMISES A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered on a parcel of land other than the one on which the sign is located. F. SIGN, ON- PREMISES A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered on the parcel of land on which the sign is located. G. SIGN, TEMPORARY or PORTABLE A movable sign not affixed to the ground or intended to be moved or intended for temporary use. H. 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. [Added 9-12-2001] I. SIGN, FLASHING Any sign directly or indirectly illuminated that exhibits changing natural or artificial light or color effects by any means whatsoever. [Added 9 -12 -2001] J. SIGN, ILLUMINATED A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign. [Added 9-12-2001] K. SIGN, INFLATABLE Any display capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise a product or event. [Added 9-12-2001] 16708 6 -10 -2003 165 -156 ZONING 165 -156 L. SIGN, INTERSTATE OVERLAY— An on- premise business sign located within the Interstate Area Overlay District meeting all requirements of Article XVI of this chapter. [Added 9 -12 -2001] M. SIGN, MONUMENT— A business sign or subdivision entrance 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. [Added 9-12-2001] N. SIGN, ON -SITE INFORMATIONAL— A sign commonly associated with, and not limited to, information and directions necessary for the convenience of visitors coming on the property, including signs marking entrances and exits, parking areas, circulation direction, rest rooms, and pick -up and delivery areas. [Added 9-12-2001] 0. SIGN, ROOF A 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. [Added 9-12-2001] P. SIGN, PORTABLE A sign that is not permanent, not affixed to a building, structure, or the ground, and is intended to be moved or intended for temporary use. [Added 9 -12 -2001] Q. SIGN, WALL- MOUNTED A sign fastened to the wall of a building or structure in such a manner that the wall becomes the supporting structure for the sign. [Added 9 -12 -2001] SIGNIFICANT EXTERIOR ALTERATION Any change in the exterior appearance of a structure, excluding minor changes, such as painting, minor repairs and installation of easily removed equipment, such as air conditioning and /or storm doors or windows. SINKHOLE Any depression in the surface of the ground which provides a means through which surface water can enter directly into subsurface aquifers. SITE PLAN A specific and detailed plan of development meeting the requirements of this chapter. STEEP SLOPES Land areas where the slope exceeds 50 [Amended 8 -9 -2000; 4 -23 -2003] 16709 6 -10 -2003 CS ti c STIMPSON 85 A 146 12.67 ac. STIMPSON 85 3 2 2.97 ac. kip 2 o 29 i STIMPSON 85 3 1 2.97 ac. o O osc.' LAYTON 85B 21 9 0 ac. Frederick County, Location in the County Map Features APP0307_RomaRestaurant C. Lakes /Ponds Streams Streets gib Primary Secondary +fir Terciary Location in $urrouncling Area 0 25 50 Peet Case Planner: Mark Appeal Reques App 03 07 Application Roma Restauran Parcel ID: 85 -A- 148E Frederick County, Location in the County Map Features APP0307_RomaReslaurant D Lakes/Ponds Streams Streets Primary Secondary ti Tertiary Appeal Reques App 03 07 Application Roma Restauran Parcel ID: 85- A•148E Zoning esn Bt (Business, Neighborhood Distn B2 (Business, General District) B3 (Business, Industrial Transition EM 'Extractive Manufacturing Dish HE (Higher Education District) MI (Industrial, Light District) M2 (Industrial, General District) MH1 (Mobile Home Community Di. MS (Medical Support District) R4 (Residential, Planned Commur R5 (Residential Recreational Comp RAZ (Rural Area Zone) RP (Residential Performance Distr Location in Surrounding Area o 25 50 tot) eel Case Planner: Mark 'P #03 -07 Landuse SCULLY 85 A 148F 1 ac. Frederick County, V Location in the Count/ Map Features APP0307 RomaRestaurant ar lakes)Ponds w Streams Streets Primary Secondary Terciary 0 25 50 1U eel Case Planner: Mark Appeal Reques App 03 07 Application Roma Restaurant Parcel ID: 85- A -148E Long Range Land Use Rural Community Center Residential Business 6 Industrial 21 Institutional Recreation Historic Mixed -Use rD Planned Unit Development Location in Surrounding Area STIMPSON 85 5 146 12.67 ac. LAYTON 8513'0'14 Frederick County, V Location in the Gounty Map Features APP0307_RomaRestaurant LakeslPonds Streams Streets Primary Secondary Terciary 0 25 50 100 ee Case Planner: Mark Appeal Request App #03 -07 Application Roma Restaurant Parcel ID: 85- A -148E Location in Surrounding Area CERTIFIED MAIL January 3, 2007 Bryan Coleman, P.L.C. Attn: Michael L. Bryan 9 Court Square, 2 Floor Winchester, VA 22601 Dear Mr. Bryan: RE: Zoning Determination of Proposed Signage (Roma Restaurant) Property Identification Number (PIN): 85- A -148E Zoning District: B -2 (Business General) This letter is in response to your correspondence dated December 22, 2006, to the Zoning Administrator requesting a zoning determination on signage on the above referenced property. In your correspondence, you referenced the proposed sign for the Roma Restaurant will be of an LED (Light Emitting Diode) type. Section 165 -30 of the Frederick County Zoning Ordinance does not specify this type of sign, but prohibits the use of animated and flashing signs in Frederick County. This type of sign has the ability to be used as an animated or flashing sign; furthermore, Section 165-4 of the Frederick County Ordinance allows the Zoning Administrator to make interpretations of the applications ofthf Zoning Ordinance. Frederick County has traditionally not allowed the use of these types of signs.I You may have the right to appeal this zoning determination within thirty (3 0) days of the date of this letter in accordance with Section 15.2 2311 of the Code of Virginia. This decision shall be final and unappealable if it is not appealed within thirty (30) days. Should you choose to appeal, the appeal must be filed with the Zoning Administrator and the Board of Zoning Appeals (BZA) in accordance with Article XXI, Section 165- 155A(1) of the Frederick County Zoning Ordinance. This provision requires the submission of an application form, written statement setting forth the decision being 107 North (Cent Street, Suite 202 Winchester, Virginia 22601 5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FA 540/665-6395 Page 2 Bryan Coleman, P.L.C. Re: Zoning Determination of Proposed Signage (Roma Restaurant) January 3, 2007 appealed, date of decision, the grounds for the appeal, how the appellant is an any other information you may want to submit and a $300.00 filing fee ($250.00 filing fee and $50.00 refundable sign deposit), Once the appeal application is accepted, it will be scheduled fdr public hearing and decision before the BZA. Contact me regarding any questions you may have at (540) 665 -5651. Sincerely, eran Zoning Administrator cc: Scully, LTD 603 A South Loudoun St. Winchester, VA 22601 MRC /d1w Submittal .Deadline-€ For the meeting of`? FFI€E USE 0N MUST BE TYPED OR FILLED OUT IN INK PLEASE PRINT 1. The applicant is the owner other X (Check one) 2. APPLICANT: NAME: Greenway Engineering ADDRESS 151 Windy Hill Lane Winchester, VA 22601 TELEPHONE: (540) 662 -4185 APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA OCCUPANT: (if different) NAME: Scully, LTD ADDRESS 603A South Loudoun St Winchester, VA 22601 TELEPHONE: (540) 667 -4220 3. The property is located at (give exact directions and include State Route numbers): The property is located on the south side of Fairfax Pike (Route 277): approximately 500 feet east of Interstate 81 Exit 307.. 4. Magisterial District: Opequon 5 14 -Digit Property Identification No.: 85- ((A)) -148E 6. The existing zoning of the property is: B -2, Business General District 7. The existing use of the property is: Commercial (Roma Restaurant) 8. Adjoining Property: USE ZONING North Commercial BI B2 East Commercial B2 South Commercial B2 West Commercial B1 B2 9. Describe the decision being appealed. (Attach a copy of the written decision.) The Applicant is appealing a zoning determination made by the Frederick County Zoning Administrator, in which the use of LED (Light Emitting Diode) technology for the message portion of the Roma Casual Italian Greek Dining business sign is being interpreted as an animated or flashing sign and is therefore not permitted for this project. (Please refer to attached Zoning Determination Letter signed by Mark R. Cheran, Zoning Administrator, dated January 3, 2007.) 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) The Applicant's basis for appeal of the zoning determination is as follows: This business sign is designed to allow for the 2' x 8' message board portion of the Roma Casual Italian Greek Dining sign to be modified through LED (Light Emitting Diode) technology at a reasonable time interval of no less than 5 minutes, which will ensure that there is not the appearance of either and animated or flashing sign to the traveling public. This LED portion of the business sign does not promote actual motion or the illusion of motion, nor is there a repetitive cycle for constant changes in the sign message; therefore, this business sign does not fall under the category of animated or flashing signs as defined by the Frederick County Zoning Ordinance. The Applicant does not believe that the use of LED technology to display information associated with the Roma Restaurant operations constitutes either an animated or flashing sign. Additionally, the Applicant believes that the use of LED technology is safer and more convenient for the business and creates a sign that is more aesthetically appealing than the use of box lettering that typically falls off of business signs. 11. Additional comments, if any: The Board of Zoning Appeals has determined in the cases of CVS and Valley Farm Credit that the use of LED technology for the message portion of a business sign does not constitute an animated or flashing sign provided that the change of messages does not occur in a quick repetitive cycle. The January 3, 2007 Zoning Determination Letter states that this type of sign has the ability to be used as an animated or flashing sign which appears to be the basis for this interpretation. The Applicant agrees to establishing time constraints for this sign similar to those that were placed on the CVS and Valley Farm Credit message portion of their signs. Establishing a limitation for the change of messaging in a reasonable interval of 5 minutes will ensure that the use of LED technology does not have the ability to create an animated or flashing sign at this location. Harry F. Stimpson, III Address 152 Fairfax Pike Stephens City, VA 22655 Property ID# 85- ((3)) -1; 85- ((3)) -2 74B- ((7)) -2 -B Scully, LTD Address 603A South Loudoun Street Winchester, VA 22602 Property ID# 85 -((A)) -148; 85- ((A)) -148E 85- ((A)) -148F Shree Nathaji Corporation Address 167 Town Run Lane Stephens City, VA 22655 Property ID# 85- ((A)) -148C R C G T, INC. Address 631 E Lake Sue Ave Winter Park, FL 32789 Property ID# 85- ((A)) -148D McDonalds Corp c/o L N S Inc Address 500 Pegasus Court Winchester, VA 22602 Property ID# 85 -((A)) -149 Frank Weaver Welch, Jr. Address 121 Fairfax Pike Stephens City, VA 22655 Property ID# 85- ((A)) -149C Address Property ID# Address Property ID# Address Property ID# 12. The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the appeal is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application: (Please list complete 14 -digit property identification number.) NAME AGREEMENT APPEAL# 63 0 7 I (we), the undersigned, do hereby respectfully petition the Frederick County Board of Zoning Appeals (BZA) to overrule the administrative interpretation of the County Zoning Ordinance as described herein. I agree to comply with any conditions required by the BZA. I authorize the members of the BZA and Frederick County officials to go upon the property for site inspection purposes. I hereby certify that all of the statements and information contained herein are, to the best of my knowledge, true. TT SIGNATURE OF APPLICANT W SIGNATURE OF OWNER DATE (if other than applicant) BZA PUBLIC HEARING OF Rev. 197 OFFICE USE ONLY- APPEAL OVERRULLED APPEAL SUSTAINED ACTION: DATE 2. SIGNED: BZA CHAI MAN DATE: 3 I,-)0 J cY1 sR d Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540- 665 -6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540 665 -5651 Facsimile 540- 665 -6395 Know All Men By These Presents: That 1 (We) (Name) Thomas G. Scully (Phone) (540) 667 -4220 (Address) 603A South Loudoun Street Winchester. VA 22601 the owner(s) of all those tracts or parcels of land "Property") conveyed to me (us). by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Deed Book 931 on Page 227. and is described as Parcel: 85 Lot: 148E Block: A Section: Subdivision: do hereby make. constitute and appoint: (Name) Greenway Eneineerine (Phone) (540) 662 -4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name. place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property. including: Rezoning (Including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan X Board of Zoning Appeals Zoning Determination Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed. or until it is otherwise rescinded or modified. In witness the eof. I'(.we f ve hp'eto se� y (our) hand and seal this �Z day of �dontzt�'00 Signature(s) 0 \s t State of Virginia, City/ f'a-To wit: CDori l2 1.,f- 4&i50, a Notary Public in and for the jurisdiction aforesaid. certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has ackpgwledged the same before me in the jurisdiction aforesaid this 2-M day ofl 200 7 a 71.12,ea o My Commission Expires: �2 ht2Yiz{ Z�. X28 Notary Public J