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09-06 Valley Farm Credit - Back Creek - Backfile
BOARD OF ZONING APPEALS Variance Request Tracking Sheet Date: �12- 7�O6 File opened Z� p Reference Manual updated/number assigned 1 �O Z�L o D-base updated t (31 C &&W location map requested from GIS Two sets of labels requested from Data Processing File given to Renee' to update Application Action Summary MEETING DATE: j VFINAL ACTIONZ��Ir r I Lj CLOSE OUT FILE: / e Approval (or denial) letter mailed to applicant/copy made for file File stamped "approved", „denied" or "withdrawn„ 5 Reference Manual updated D-base updated (4 File given to Renee' for final update to Application Action Summary � � a U\Bev\Common\Tracking sheets\BZA Trackingbn Revised 05/25/01 DATE s s NO. L O 0 V' RECEIVED FROM ADDRESS FOR PEWA.. AMT. OF ACCOUNT AMT. PAID - aO4 BALANCE I DUE DOLLARS S BY 4 COUNTY of FREDERICK w Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: May 24, 2006 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below had a deposit for one sign for an Appeal #09-06. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Valley Farm Credit 125 Prosperity Dr. Winchester, VA 22602 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 ►j CS, ii- Olt, e f J\� aid T A X RECEIPT arc �N ,4pDERIC K COUNTY Coll, ref WILLIAM ORNDOFF , JR 6.0. BOX 225 / WINCHESIER VA 22604-0225 Ticket #:00005360001 Date : 4/27/2006 Register: CAL/CA Trans. #: 11500 Dept # 1095 Acct# Previous / SIGN DEPOSITS PLANNING Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 is Interest $ .00 `r !r. j Amunt Paid $ 50.00 1 *Balance Due $ .00 Cash 67.00 Pd by DEPT OF PLANNING & DEVELOPMENT Check 5049.50 # VARIOUS BALANCE DUE INCLUDES PENALTY/TIES' THRU THE MONTH 4/2006 �i` NO. t► V V m RECEIVED FROM `/!DATE V QV, '%_. '} t t O co cc O of DOLLARS �..s 1 `FOR3 (A o •+ AMT. OF ACCOUNT I CASK ": AMT_PAIO CHECK- }CJ ._ j.{ � c t 1 ., 7i, ,fir »., BAOUECE I ORDER I BY) a� v e a a i 0 COUNT ` Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 May 17, 2006 Mr. Robert Carpenter Valley Farm Credit, FLCA 125 Prosperity Drive Winchester, VA 22602 RE: APPEAL #09-06, VALLEY FARM CREDIT, FLCA Dear Mr. Carpenter: This letter is to confirm that the above -referenced appeal application was approved by the Board of Zoning Appeals at their meeting on May 16, 2006. Your application appealed the decision of the Zoning Administrator as to the use of LED (Light Emitting Diode) signage in Frederick County, on property which fronts Route 11, south of the interchange of Route 37 and Interstate 81, within the Kernstown Business Park, bearing Property Identification Number 75-A-2G, in the Back Creek Magisterial District. The Board of Zoning Appeals voted to allow the above referenced signage with the condition that the EMD can change no more than every two (2) minutes and that animation will not be permitted. If you have any questions regarding this action, please feel free to call this office. Sincerely, Mark R. Cheran Zoning and Subdivision Administrator MRC/bad cc: Jane Anderson, Real Estate John Trenary, Inspections 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 Pp I �, Qcc�=i Qn jp; A tp (haoqt book- ojc\ rl U� no -::U-- oy) Y- vo(i - PGL,X-\-\ I (D (;z- (0�10 co APPEAL APPLICATION #09-06 VALLEY FARM CREDIT a ®� Staff Report for the Board of Zoning Appeals w Prepared: May 1, 2006 `IM 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: May 16, 2006 - Pending LOCATION: Fronting Route 11, south of the interchange of Route 37 and Interstate 81, within the Kernstown Business Park MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER(S): 75-A-2G PROPERTY ZONING & USE: Zoning: Land Use: ADJOINING PROPERTY ZONING & USE: North: Zone B2 (General Business) East: Zone B2 (General Business) South: Zone B2 (General Business) West: Zone B2 (General Business) B2 (General Business) District Commercial Land Use: Vacant Land Use: Commercial Land Use: Vacant Land Use: Commercial APPEAL: To appeal the decision of the Zoning Administrator in the administration of the Frederick County Zoning Ordinance, Section 165-30A(1), 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. 0 0 Appeal Application #09-06, Valley Farm Credit Mayl, 2006 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. Any change to the Frederick County Zoning Ordinance is a legislative action and not within the scope of the BZA Board. Furthermore, Section 165-30 A(1) of the Frederick County Zoning Ordinance does not allow animated or flashing signs within Frederick County. Section 165-156 of the Frederick County Zoning Ordinance defines animated and flashing signs. (See attachments). STAFF CONCLUSIONS FOR THE MAY 16, 2006 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 not permitted in Frederick County. Map Ferturea ,[aPo ti uuv ® Bt (Business, NeighharhooE Dlstrkt) MS (MeEical S,ppd d Com.H) AP P # 09 - 06 B2 (B°aiRI neaa, General Diatricq � (ResHential, thn.E CPWnmunity D'M4kt) N °^' B] (Bcainesa, Ihd-t al Tranaglnn Diatncq R5 (Rerkentiel Recrealbnal C —hity D—) .... goeacm rumr . Valley Farm Credit EM(ErtncirveMan-t.,mgDiite ) Q RA(RurelAreaaDiatnct) wee HE (Nigher EBuca — District) Q RP(Reakentlel Pert-- Dlahict) i M2 (1-0rial, llgM D Dhi,t) (7 5 - A - 2 G ) O evza h uu. Q M2 (InCuatnal, Geiwral Olatricp o 50 too L1;0 ^� MHt (M-1,, Home community District) Feel "'""` Landuse Catagories APP # 09 - 06 Rural Community Center Recreation Residential Historic Valley Farm Credit Business MixedUse (75 - A - 2G ) Industrial � Planned Unit Development o so roe zoo I"► ® Institutional t eei HGp Features N Mew. Bt (Business, Neighborhood District) MS (Medea) Suppod Dist-) APP # 09 - 06 81 (Business, General DisMcg R<(Reaidential, Plannatl Community Dutrkt) °'" ` N � • B3 (Business, Ind-HM Trans— Distract) R5 (Reaidentisl Recreational Communty District) �9..e� N+C°�°�• EM(Extractive M anufact.-g D,Mte) Q RA(Rural Areas District) Valley Farm Credit . I HE(Hlgher Education District) O RP(Reskential Pedormance Distract) (Industrial,lightD-kt) ( 75 — A — 2G ) O ^ uw O Ml (IndustMl. Dermral Diat"d) MH1 (Mobile Home Community District) Feet § 165-29 FREDERICK COUNTY CODE § 165-30 (2) In such cases, the Zoning Administrator may require a traffic access plan which describes existing traffic, conditions and design on the streets abutting the site and the methods proposed to ensure that the intent of this section has been met. C. Internal circulation. A complete system of internal traffic circulation shall be provided to serve all uses in any shopping center, industrial park or any development included in a single master development plan, site plan or subdivision plat approved by Frederick County. In such developments, internal access shall be provided in a fashion so that all uses can be mutually accessed without entering onto arterial or primary highways. In such cases, a pattern of internal circulation shall be designed to ensure that conflicts are avoided between moving vehicles, parking areas, pedestrian areas, loading areas and the various uses provided. D. Pedestrian access. Safe pedestrian walkways shall be provided to all uses on land included in a master plan or site plan approved by Frederick County. Sidewalks shall be provided in conformance with adopted corridor or walkway plans or approved master development plans. The Planning Commission may require additional sidewalks or walkways on master plans or site plans to promote a general system of pedestrian access in residential neighborhoods or business corridors. E. Fire lanes. Fire lanes shall be required as set forth in Chapter 90, Fire Prevention. [Added 12-9-19921 § 165-30. Signs. Signs shall be allowed or prohibited according to the following requirements in order to promote safety, to protect property values, to create an atmosphere conducive to orderly. economic growth and to meet the intentions of this chapter: A. Signs prohibited in all districts. The following types of signs shall be prohibited in all zoning districts: (1) Animated or,flashingsigns. (2) Signs painted directly onto the exterior of buildings. 16546 12-15-99 § 165-29 FREDERICK COUNTY CODE § 165-30 (2) In such cases, the Zoning Administrator may require a "traffic access plan which describes existing traffic, conditions and design on the streets abutting,the site and the methods proposed to ensure that the intent of this section has been met. C. Internal circulation. A complete system of internal traffic circulation shall be provided to serve all uses in any shopping center, industrial park or any development included in a single master development plan, site plan or subdivision plat approved by Frederick County. In such developments, internal access shall be provided in a fashion so that all uses can be mutually accessed without entering onto arterial or primary highways. In such cases, a pattern of internal circulation shall be designed to ensure that conflicts are avoided between moving vehicles, parking areas, pedestrian areas, loading areas and the various uses provided. D. Pedestrian access. Safe pedestrian walkways shall be provided to all uses on land included in a master plan or site plan approved by Frederick County. Sidewalks shall be provided in conformance with adopted corridor or walkway plans or approved master development plans. The Planning Commission may require additional sidewalks or walkways on master plans or site plans to promote a general system �. of pedestrian access in residential neighborhoods or business corridors. E. Fire lanes. Fire lanes shall be required as set forth in Chapter 90, Fire Prevention. [Added 12-9-19921 § 165-30. Signs. Signs shall be allowed or prohibited according to the following requirements in order to promote safety, to protect property values, to create an atmosphere conducive to orderly economic growth and to meet the intentions of this chapter: 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. 16 546 12 - 15 - 99 r� COUNTY of FREDERICK Department of Planning and Development 540/665-5651 92.4,2006 FAX: 5401665-6395 Robert N. Carpenter, President/CEO Valley Farm Credit 125 Prosperity Drive Winchester, VA 22602 RE: Zoning Determination of Proposed Signage (Valley Farm Credit) Property Identification Number (PIN): 75-A-10 Zoning District: B-2 (Business General) Dear Mr. Carpenter: This letter is in response to your correspondence dated April 17, 2006, to the Zoning Administrator requesting a zoning determination on signage on the above -referenced property. In the correspondence, you referenced the proposed sign for Valley Farm Credit will be of an LED (Light Emitting Diode) sign, with a changing message 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 of the Zoning Ordinance. Frederick County has traditionally not allowed the use of these types of signs. You may have the right to appeal this zoning determination within thirty (30) 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 appealed, date of decision, the grounds for the appeal, how the appellant is an aggrieved party, 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 for public hearing and decision before the BZA. Contact me regarding any questions you may have at (540) 665-5651. Sincerely, -'Mark R. Che-ran Zoning Administrator MRC/bad 107 North Kent Street, Suite 202. - Winchester, Virginia 22601-5000 APPLICATION FOR APPEAL IN THE COUNTY OF FREDERICK, VIRGINIA -OFFICE USE ONLY - Appeal Application # —� _ Submittal Deadline Submittal Date '7 a 4 For the meeting of Fee Paid yes initials: MUST BE TYPED OR FILLED OUT IN INK - PLEASE PRINT 1. The applicant is the owner other 2. APPLICANT: NAME: Pox, CreA_(k . FLC,4 ADDRESS . (Check one) OCCUPANT: (if different) NAME: ADDRESS: TELEPHONE: �GZ- 34/73 TELEPHONE: 3. The property is located at (give exact directions and include State Route numbers): 6-✓l u S . 1C�u� I l Sock fi D� `r r�►e 1 n><Q.rc. any e D� Ao V_ 3'7 Tie pnwwt -Li is loca4eA W4A1'h +ke, ktryks 4v) e, /&tr. 4. Magisterial District: lack, C,t-ee.k.. 5. Property Identification No.: 'r5 - A - 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 Property Identification Number.) NAME No t-�c�acQ ,n-E �ra �s C^re. i,,.. L_ Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # I I { 6. The existing zoning of the property is: (- z 7. The existing use of the property is: (0�,C, e.es -Cn,r s vie cc Ge,,,\e^-0-J 8. Adjoining Property: USE ZONING North ar-o,,,,,,-L- _ Z East c, +o„�,rs! ivy-`1�I�r _ Z South West 9. Describe the decision being appealed. (Attach a copy of the written decision.) 4- iM o d k CH a. e�C i st , �� S tq- C..e-rey'21 - 4-6 I � l t�.rv�w�a.-�ac�- Pa-,ne.� � a.,n � c�y\ C a-r 1��-�'af-e, cam. � � � ►tile s s aG e. 10. Describe the basis of the appeal, indicating your reason(s) for disagreeing with the decision. (This may be provided on separate sheet.) 11. Additional comments, if any: AGREEMENT APPEAL # 0 jf6__� 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. SIGNATURE OF APPLICANT U"' a-&� CAA'c� I �_'-'�AATE `% 124- I o� Imo- , SIGNATURE OF OWNER (if other than applicant) -OFFICE USE ONLY - DATE BZA PUBLIC HEARING OF 6 b . ACTION: - DA E- V APPEAL OVERRULED APPEAL SUSTAINED SIGN j' v� B ZA CH RMAN DATE: '5� It(, /0% File: OAIand Use Applications\Application Fonns\APPEAL Revised: 01/14/03 40 March 31, 2006 TO: County of Frederick Inspections Departme FROM: Robert N. Carpenter President/CEO RE: Request for Sign Modification EAC611 A P.O. Box 2700, Winchester, VA 22604 Administrative Office 125 Prosperity Drive, Winchester, VA 22602 phone 540-662-3473 / toll -free 800-999-5341 fax 540-869-6663 / www.valleyfc.com An application is submitted to modify an existing sign at 125 Prosperity Drive, location in the Kernstown Business Park. The new sign will be of similar dimensions as the existing sign, however, it is our intent to illuminate the sign and we are requesting a variance to permit an electronic message board. Please refer to Exhibit 1 which is a rendition of the current sign erected in 2001. Exhibit 2 is the engineered base for the sign which has been in place since 2001. Exhibit 3 is the proposed sketch of the new sign which will be placed on the existing base. We are advised by the sign contractor (A Sign Place) that the new sign will adapt to the base we have installed. Size and wind sheer conditions are expected to be the same as the current sign since the new sign square footage will not exceed that of the existing sign. The proposed sign will be constructed with the following criteria: 1 - 144" high x 96" wide x 18"' deep illuminated sign. Faces are white acrylic divided by H-bar retainers. Pole Mounted wl skirt of 18" x 90". LED OPTION for second panel from top of sign... A split double face 7 x 64 matrix of red LED's supplied as two separate cabinets. 13" high x 5' 6" long x 6" deep per face Character Size: 6" Lines of Text: 2 Rural Americas Customer -Owned Partner 4F 4F Message Capability: Time and Temperature, Short Messages with programmable time settings. Controller: Windows Controller Power: 120 volts, 3 amps per face Warranty: 5 year Computer Requirements: the programming computer must be a non - networked computer running Windows 98/ME/NT/2000 or XP. The purpose of the sign modification is to provide better visibility for our company and tenants. The illuminated sign will assist the public in locating our offices and tenants during darkness. Several of our tenants have regular office hours into the evening and winter months pose a significant problem for them in attracting the public to our site. The LED screen is intended as a method to issue messages periodically through the day. We anticipate messages may be changed a few times each day. It is important that we be able to communicate.to the public and also to promote our tenants. We are aware there are several LED message boards within the city of Winchester and we are aware of three in the county — the Sports Plex, the Red Cross and the Capon Valley Bank. It is important to a business such as ours, that we can post messages about our rates, our services and to offer similar services to our tenants. Other businesses that have these message centers have a distinct competitive advantage over our business if we are not able to offer similar current information. The LED message center will be placed in a location (second panel from the top) that will not interfere with passing motorists. The sign will not be directly in their line of vision. We expect the messages to last for much more than the five seconds addressed in the code and would likely only change them a few times a day. It is important, however, that we have the ability to change messages to promote our business and our tenants. Exhibit 4, a section from the County Code, seems to outline the necessary criteria of an electronic message board. It is our intent to comply with the spirit of this regulation. We respectfully request approval of the modification as proposed. y F i g n c T n r. TFI 5.doo 1 177 3 3 IM AVAM .. VrMMkF 540 662-1177 961, I 24" 1 36' L I 2 I4' l T 24• 1 Us' 11 44 - +VALLEY FARM CREDIT FARM BUREAU • MONEY CONCEPTS HAYES & ASSOCIATES REAL ESTATE P. 73 0 PLEASE CHECK ALL SPELLING, GENERAL LAYOUT, COLORS, DIMENSIONS Q LCTTEA STYLES FOR ACCURACY. CBATO�IER 'D� �3 �� ��—i'F �' Bp�wlNeo, coMents►a a vas"m vomw otter Tmp Pan wry M+ VALLEY BwnB. W-. SCALE / APPIIOYEB By! _.... Ummcs orswftas lurrwwu7.n PATE - U5/ZO/01 15: Z9 r'Ak 154U"W571)3 YAINTYK L1 W'16 VALLEY FARM CREDIT 125 PROSPERITY DRIVE WINCH ESTER, VA 22602 PROJECT: PROPOSED SIGN 6. 10' 6" (6)#5 "L"-TYPE _ _ _ _ CONC. FOOTING RE -BARS 9' 16"x16" CONC. (Typ.) 16" BRICK VENEER 16 PEDESTAL (Typ. I� 12 t I2L -- I 12 #3 STIRRUPS ® B" O.C.L (Typ.) PROPOSED SIGN (BY OTHERS) (6)#5 "L"-TYPE RE -BARS ---N (Ty P-) #3 STIRRUPS- \ 8" O_C_ (Ty P ) 3'- 4" FINISH GRADE 6" v i ' TS6"x6%3/16" =16"... 16 - TUBULAR STEEL " I COLUMN (Typ.) 14"x14%1 " CMU A BASE PLATE Typ- J (4) 3/4"0 _ _ _ ._ — �. _ _ ANCHOR BOLTS 4' 2'-fi" (Typ.) HEIGHT OF COLUMNS - TO BE DETERMINED BY SIGN CONTRACTOR ....................�R.—._._y_.... ....... ... ................ . ....................... n.......a.............................. ...................... ............... --...— ..... _............... J i.................. .................._......... ................ . 2 4" 1. BN mou. an 1000m Sr Q .3 -. 10'-0"x3'-6"x16" CONCRETE FOOTING with 3" #5 RE -BARS ® B" O.C., E.W. 10' PROPOSED SIGN: FOUNDATION DETAIL PAINTER—LEWIS, P.L.C. Consulting Engineers 302 S. BRADDOCK STREET, SUITE 200 WINCHESTER, VA 22601 (540) 662-5792 1 /2" CAP PL. WELDED TO COLUMN (Typ.) TS6"x6"x3/16" TUBULAR STEEL COLUMN (Typ.) (4) 3/4"0 ANCHOR BOLTS (Typ.) 14"04"x 1 " BASE PLATE 16%16" CONC. PEDESTAL (TYP. 3.. 3" 3" DATE: . 05-25-01 SCALE: 1 /2"=1 ' —O" PLATE: Sign-1 P—L. PLC Prcjact No.: 9903008 ••►• Copptry Home FF Mortgage Home Finance Division of Valley Farm Credit NEW Century REALTY (t)4u) bb /—+UU00 Anthem. ®r.' Vj, AU T H O R I Z E D AG E N T LED 18" x 5 1/2' w/ 6" char. or other tenant —16 44-w- S lri &uy-A 'F4 6 114 arm. 'Vallea1 3 1 110,14" April 24, 2006 0 # R&4m&* A Board of Zoning Appeals County of Frederick 107 North Kent Street Winchester, VA 22601 Members of the Board of Zoning Appeals: P.O. Box 2700, Winchester, VA 22604 Administrative Office 125 Prosperity Drive, Winchester, VA 22602 phone 540-662-3473 / toll -free 800-999-5341 fax 540-869-6663 / www.valleyfc.com Recently a request was submitted to the Zoning Administrator for a modification to an existing sign on the property of Valley Farm Credit at 125 Prosperity Drive. The request was to permit the use of a LED (Light Emitting Diode) sign in conjunction with our plan to upgrade our sign to an illuminated sign for better visibility. The request to incorporate the LED sign was denied by the Zoning Administrator based on a County Ordinance that does not allow animated or flashing signs. I respectfully request the BZA to hear our case and to rule in favor of permitting us the use of an appropriate LED sign. As background, Valley Farm Credit is completing an expansion of our facility at 125 Prosperity Drive from a 16,000 square foot office structure to a 26,000 square foot office complex that will house several divisions of Valley Farm Credit and three prominent tenants. The request to improve our current signage to illuminated signs is to provide better visibility after dusk when some of our tenants are still utilizing the building and for general promotion of our organization and our tenants. Photo representations of our existing structures are contained in Attachment A-1. The matter of the LED has become an issue of providing current information for the general public about our services and those of our tenants. The use of LED's has increased in recent years with several commercial businesses operating similar signage in the City of Winchester. Current signs also exist in the County at two prominent locations. It is imperative the BZA understand the difference between our application and those signs that exist in other situations. First and foremost, it is the intent of Valley Farm Credit to utilize this sign in a prudent and appropriate manner. Our goal is to allow static messages to be posted with changes occurring every few minutes. We do not envision using flashing symbols, scrolling or animation. A few local signs use animated sequences to change the message as is the case with the Best Western sign Rural America's Customer -Owned Partner (pictured in Attachment A — 2) and the Sports Plex sign along I — 81. Other signs such as the CVS Pharmacy and the American Red Cross (pictured in A — 2) use static messages that change over a period of time, but without the use of flashing symbols or animation. It is the latter example that our organization wishes to use as its model for communicating information to the public. A second consideration is the placement of the LED. It is intended the LED will be placed near the top of the sign (in the second row position from the top as depicted in the original application). This is an important issue because this position (more like the CVS sign) places the message well above the normal line of sight of passing motorists. Our belief is this will minimize the risk to drivers that the County Ordinance considers as a potential harmful effect from LEDs. Lastly, the matter of business competition will become more evident as the City of Winchester allows further signage to be adopted. The very recent addition of the Best Western sign indicates more businesses will have this mode of communication with the public. It is conceivable that our competition (local banks and mortgage companies) will also soon be using these signs within the city. The public does not recognize the county/city boundary in its determination of where it conducts its business. If the County continues to deny reasonable requests for electronic signage, then a distinct competitive disadvantage is cast upon any business established in the County. It is our intent to construct a sign that is in good taste and does not interfere with the spirit of the intentions of the County to protect the driving public. It is also our intent to remain a good corporate citizen of the County, but it is important that we have some of the same opportunities afforded to other local businesses in the city. I once again respectfully request the BZA to reconsider the decision of the Zoning Administrator and permit our application to proceed in full. Sincerely, Robert N. Carpenter President/CEO 1 VALLEY FAPM CREDIT NewCentury REALTY Cautry Home M(N�W FARM BUREAU Com Hoak' 8"6- 0 rik WINCHESTER FREDERICK COUNTY CHAPTER :A e e r, es .,EE-JACKSO MOTOR IN WINCHESTER A. FREDERICK COUNTY 4 CHAPTER ... ... . .... ... 0: 2 w s REQUESTING AGENT: EFT. OF GEOGRAPHIC INFO A'TIOlq FREDERICK COUNTY, VIRGRUA RMA GIS, NAPPING, GRAPHICS WORKREQUEST DATE RECEIVED:�� 0� ,• r a N: • • r •N1. r AV7Cf� Department, Agency, or Company:_ Mailing andlor Billing Address: Telephone: E-mail Address: ESTRvIATED COST OF PROTECT: FAX: DESCRIPTION OF REQUEST: (rite additional information anback of ��L e4uD _b DIGITAL: SIZES: COLOR PAPER: FAX: E-MAIL: BLACK/WIIT F,: - NUMBER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS - DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: 1\4ETHOD OF PAYIENT: HOURS REQUII�ED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Wimchester, VA 22601, (54D)665-5651) frm.-t!''ui :%rtif� if! .�iifI;J,l,fr i/r,j-ujo b"roil aj REGULATION OF ELECTRONIC MESSAGE DISPLAY SIGNS Overview We are all very fortunate to live in a society that places a premium value on freedoms, and limits governmental intrusion upon those freedoms. Freedom of speech is one of those essential freedoms, and one that is embodied within the Constitution that molds the rule of law governing this great nation. Many reputable organizations, like the U.S. Small Business Administration and the International Sign Association caution against sign regulations that interfere with the freedom of exercising commercial speech. The following information has been assembled by a coalition of manufacturers of electronic message display signs. We recognize the uncertainty surrounding the legality of certain sign regulations. We also respect the desire by communities to regulate signs, including electronic message display signs, and the need for responsible sign codes. Without engaging in debate over the legality of regulations affecting electronic message displays, the following materials are intended to develop a more sophisticated understanding of the current state of the technology, and to promote regulations that reflect the broad variations in the use of electronic message displays. The History of Changeable Message Signs In the day when signs were primarily painted, changing messages on a sign merely required painting over the existing message. More recently, signs with removable lettering made it possible to manually change the lettering on a sign to display a new message. Electrical changeable message signs followed the invention of the light bulb, and included light bulbs arranged in a pattern where, by lighting some light bulbs and not the others, letters and numerals could be spelled out. With the advent of solid-state circuitry in the early 1970s, electronic changeable message signs became possible. The first of these products were time and temperature displays and simple text message displays using incandescent lamps. These lamps were very inefficient. They used a great deal of power and had short life expectancies. During the energy crunch of the 1980s, it became necessary to find ways to reduce the power consumption of these displays. This need initially spawned a reflective technology. This technology typically consisted of a light -reflective material applied to a mechanical device, sometimes referred to as "flip disk" displays. Electrical impulses were applied to a grid of disks with reflective material on one side of the disk, and a contrasting finish on the other side. The electrical impulses would position each disk within the grid to either reveal or conceal the reflective portion of the device as required, to produce an image or spell out a message. These technologies were energy efficient, but due to the mechanical nature of the product, failures were an issue. Shortly after the introduction of the reflective products, new incandescent lamps emerged. The new "wedge base" Xenon gas -filled lamps featured many positive qualities. Compared to the larger incandescent lamps that had been used for several years, the wedge base lamps were very bright, required less power to operate and had much longer lifetimes. These smaller lamps allowed electronic display manufacturers to build displays that featured tighter resolutions, allowing users to create more ornate graphic images. Next in the evolution of the changeable message sign was the LED. LED (light emitting diode) technology had been used for changeable message displays since the mid 1970s. Originally, LEDs were available in three colors: red, green and amber, but were typically used for indoor systems because the light intensity was insufficient for outdoor applications and the durability of the diodes suffered in the changing temperatures and weather conditions. As technology improved, manufacturers were able to produce displays that had the intensity and long life required for outdoor use, but were limited in the viewing angle from which they could be effectively seen. Recently, breakthroughs in this field have made available high intensity LEDs in red, green, blue and amber. These LEDs have made it possible to produce displays bright enough for outdoor use with viewing angles that are equal to, or better than, other technologies currently available. They are energy -efficient, can be programmed and operated remotely, and require little maintenance. In addition, the computer software has evolved such that a broad range of visual effects can be used to display messages and images. The spacing of the LEDs can be manipulated to achieve near -television resolution. Earlier "flip disk" and incandescent technologies have become nearly obsolete as a result. Types of Changeable Message Signs Changeable message signs can be placed into two basic categories: manually - changed and electronically -changed. The most common form of manually - changed sign involves a background surface with horizontal channels. Letters and numerals are printed on individual plastic cards that are manually fitted into the channels on the sign face. A broad range of letter styles and colors are available. The manually -changed sign is relatively inexpensive and is somewhat versatile. Some discoloration has been experienced in the background surface materials 2 with exposure to weather and the sun. Changing the message on such a sign is accomplished by having an employee or technician remove the existing plastic letter cards and replacing them with cards displaying the new message. Occasionally, such signs have been the subjects of vandals who steal the letters or, as a prank, re -arrange them to spell out undesirable messages. Over time, as letters are replaced with lettering styles that deviate in color or type style from the original set, such signs have had a tendency to take on a mix -and -match appearance. Electronic changeable message signs are generally of two types: light emitting and light reflective. Current light emitting display technologies include LED and incandescent lamp. Light reflective displays typically consist of either a reflective material affixed to a mechanical device (like a "flip disk") or a substance commonly referred to as electronic ink. Many of the above mentioned technologies have the capabilities to display monochromatic (single color) or multiple color images. Monochrome changeable message signs are typically used to display text messages. Multiple color displays are more common in applications where color logos or video is displayed. Operational Capabilities of Electronic Signs Electronic signs have evolved to the point of being capable of a broad range of operational capabilities. They are controlled via electronic communication. Text and graphic information is created on a computer using a software program. This software is typically a proprietary component that is supplied by the display manufacturer. These software programs determine the capabilities of the displays. The software is then loaded onto a computer that operates the sign. The computer may be installed within the sign itself, operated remotely from a nearby building, or even more remotely by a computer located miles away and connected to the sign with a telephone line modem or other remote communication technology. Since most of the software programs are proprietary, one can assume that each software program is slightly different. However, the capabilities that the programs offer are all very similar. Changeable message sign manufacturers provide software that allows the end user to be as creative or as reserved as they like. The sign can be used to display static messages only, static messages changed by a computer -generated transition from one message to the next, moving text, animated graphics and, in some applications, television -quality video. Text messages or graphic images can simply appear and disappear from the display or they can be displayed using creative entry and exit effects and transitions. 3 Example: Oftentimes a display operator will choose to have a text message scroll onto the display and then "wipe -off" as if the frame has been turned like the page of a book. If a display has the capabilities to display graphics, logos or even video, it is common for the display operator to add motion to these images. Example: A display operator at a school may wish to create an animation where their school's mascot charges across a football field and runs over the competing school's mascot. Video -capable displays can operate much like a television. These displays can show live video, recorded video, graphics, logos, animations and text. All display capabilities are securely in the hands of the display operators. They are ultimately responsible for what type of, and how, information is displayed on their changeable message sign. Traffic Safety Considerations Electronic message displays (EMDs) are capable of a broad variation of operations, from fully -static to fully -animated. In exterior sign use, they are often placed where they are visible to oncoming traffic. Concerns are often raised as communities change their sign codes to expressly permit such signage about the traffic safety .implications for signage with moving messages. These concerns are largely unfounded. EMDs have been in operation for many years. As is typical with many technological advances, the regulatory environment has been slow to respond to advances in the technology itself. In 1978, after many years of the use of electronic signs, Congress first passed legislation dealing with the use of illuminated variable message signs along the interstate and federal aid primary highway system. The Surface Transportation Assistance Act permitted electronic message display signs, subject to state law, provided each message remained fixed on the display surface but "which may be changed at reasonable intervals by electronic process or remote control," and did not include "any flashing, intermittent or moving light or lights." 23 U.S.C. § 131. In 1980, and in response to safety concerns over EMDs along highways, the Federal Highway Administration published a report titled "Safety and Environmental Design Considerations in the Use of Commercial Electronic Variable- 4 Message Signs." This report was an exhaustive analysis of the safety implications of EMDs used along highways. The report highlights the inconclusive nature of safety studies that had occurred to that time, some concluding that roadside signs posed a traffic distraction, and others concluding that roadside signs do not cause traffic accidents. In view of the inevitable use of the technology in signage, the report made some sensible observations about traffic safety considerations for such signs: Longitudinal location. The report recommended that spacing standards be adopted to avoid overloading the driver's information processing capability. Unlike the standard for sign regulations in 1980, most communities today have spacing standards already integrated into their sign codes. 2. Lateral location. Often referred to as "setback," the report initially recommended the common sense requirement that such signs be placed where the risk of colliding into the sign is eliminated. This was a legitimate concern, as such signs were being contemplated for use by highway departments themselves in the right-of-way. Private use of roadside signs is generally limited to locations outside the right-of-way, so this should not be a significant concern. The next issue addressed by the report was visibility. The report advocated the minimum setback feasible, stating that "standards for lateral location should reduce the time that drivers' attention is diverted from road and traffic conditions. Generally this suggests that signs should be located and angled so as to reduce the need for a driver to turn his head to read them as he approaches and passes them." This can best be handled by permitting such signs to be located at the property line, with no setback, and angled for view by oncoming traffic. 3. Operations: Duration of message on -time. The report states that the duration of the message on -time should be related to the length of the message, or in the case of messages displayed sequentially, the message element. For instance, based on state highway agency experience, "comprehension of a message displayed on a panel of three lines having a maximum of 20 characters per line is best when the on -time is 15 seconds. In contrast, the customary practice of signing which merely displays time and temperature is to have shorter on -times of 3 to 4 seconds." Since this 1980 report, state highway agencies have adopted, for use on their own signs, informal standards of considerably shorter "on" time duration, with no apparent adverse effects on traffic safety. Federal legislation affecting billboard use of electronic signs 5 requires only that messages be changed at "reasonable intervals."' Moreover, the U.S. Small Business Administration, in a report on its website reviewing safety information compiled since the 1980 report, has concluded that there is no adverse safety impact from the use of EMD signs. See http://www.sba.gov/starting/signage/safelegal.html. The most recent study was performed in 2003 by Tantala Consulting Engineers, available through the U.S. Sign Council at http://www.ussc.org/publications.html, also concluding based on field studies that EMD signs do not adversely affect traffic safety. Many small businesses using one -line EMD displays are only capable of displaying a few characters at one time on the display, changing frequently, which takes virtually no time for a driver to absorb in short glances. These signs have likewise not proven to be a safety concern, despite many years of use. 4. Operations: Total information cycle. EMD signs can be used to display stand-alone messages, or messages that are broken into segments displayed sequentially to form a complete message. As to the sequential messages, the report recommended a minimum on -time for each message "calculated such that a motorist traveling the affected road at the 85'h percentile speed would be able to read not more than one complete nor two partial messages in the time required to approach and pass the sign." 5. Operations: Duration of message change interval and off -time. The report defines the message change interval as the portion of the complete information cycle commencing when message "one" falls below the threshold of legibility and ending when message "two" in a sequence first reaches the threshold of legibility. This is relevant when operations such as "fade off -fade on" are used, when the first message dissolves into the second message, or when the two messages move horizontally (traveling) or vertically (scrolling) to replace the first message with the second. Off -time, on the other hand, is a message change operation that involves the straightforward turning off of the first message, with a period of blank screen, before the second message is instantly turned on. ' The appropriate interval of message change may be affected by a variety of factors, and one standard does not fit all situations. Imagine, for instance, a bridge that serves two roadways, one with a speed limit of 30 mph and the other a highway with a speed limit of 60 mph. In a situation where the bridge is socked in by fog, an electronic sign on the approach to the bridge may be used to convey the message, "Fog ahead ... on bridge... reduce speed ... to 15 mph." The driver on each roadway needs to see all the segments to the full message. The rate of changing each segment of the message needs to be different for each roadway. If the change rate were based only on the 60 mph speed, the sign on the slower roadway may appear too active. If the change rate were based only on the 30 mph speed, the result could be fatal to drivers on the highway. 0 The report takes an extremely conservative approach as to message change interval, advising against the use of operations other than nearly instantaneous message changes. If such operations are permitted, the report suggests "that the figure commonly used as a measure of average glance duration, 0.3 second, be used here as a maximum permissible message change time limit." The report further advocates minimizing off -time between messages, where static message changes are used, stating that "[a]s this interval of off -time is lengthened, the difficulty of maintaining the continuity of attention and comprehension is increased." The conservative nature of the authors' position is reflected both in the report, and in over twenty years of practice since the report was issued. The report cites studies indicating that, in some situations, the use of electronic operations had a beneficial effect on traffic safety, by creating a more visually -stimulating environment along an otherwise mind - numbing segment of highway, helping to re -focus and sharpen the driver's attention to his or her surroundings. In over twenty years of experience, with numerous electronic signs nationwide utilizing the various operational capabilities for message change, there has been no significant degradation to highway safety reported. Many electronic signs used by highway departments now use a mode of transition between messages or message segments, such as traveling or scrolling. Drivers are apparently capable of attaching primacy to the visual information most critical to the driving task, with sign messages taking a secondary role. The report further expresses its limited focus upon interstate and federal aid primary highways. Noting the stimulating visual environment created by full -animation signage in places like Times Square, Las Vegas and Toronto's Eaton Centre, the authors of the report agreed that such signs added vitality and dimension to the urban core, but discouraged the use of animation alongside the highway. The report did not deal with the use of such signs, or their operational characteristics, on roadways between the extremes of the interstate highway and the urban core. In addition, animation has now been used on highway -oriented signs in many locations for years, with no reported adverse effect of traffic safety. In sum, the report acknowledged the appropriateness of full -animation electronic signs within the urban core, but recommended that full -animation not be used along interstate and primary highways. It took a conservative position on operations of such signs along highways, advocating static message change sequences only, with no more than 0.3 seconds of message 7 change interval or "off -time" between messages. The message changes on sequential segmented messages should be displayed such that a motorist can see and read the entire chain of message segments in a single pass. Messages should be permitted to change at "reasonable intervals." Such signs should have adequate spacing between signs, but be set back from the right- of-way as little as feasible. Since 1980, no new information has become available supporting a traffic safety concern about EMDs. They have been installed in highway locations, along city streets and in urban core settings, using all forms of operations: static, sequential messaging and full animation. Despite such widespread use, and the presence of environmental organizations generally adverse to sign displays, no credible studies have established a correlation between EMDs and a degradation in traffic safety. An article in the Journal of Public Policy and Marketing in Spring, 1997, arrived at the same conclusion. Professor Taylor, of Villanova University, analyzing this lack of data to support such a correlation, concluded that "there appears to be no reason to believe that changeable message signs represent a safety hazard." From a safety standpoint, and based on the studies and practical experience that has been accumulated since the widespread use of EMDs, some conclusions can be reached: • In an urban core setting, where a sense of visual vitality and excitement is desirable, full -animation EMDs have been shown to be viable without degrading traffic safety. • In an urban setting, such as along arterial streets, EMDs have been used with static messages changed by use of transitions such as traveling, scrolling, fading and dissolving, without any apparent impact on traffic safety. Quite likely, this can be attributed to the primacy of the navigation task, and the secondary nature of roadside signage. • Along interstate and other limited access highways, the only significant traffic safety analysis recommends the use of static messages only, and the federal government permits message changes at "reasonable intervals." Many highway departments change messages on their own signs every 1-2 seconds. The report further recommends that sequential messages be timed to ensure that the entire sequence of messages be displayed in the time it takes a' car to travel from initial legibility to beyond the sign. In practice, and in the 20+ years since publication of this report, the operational characteristics of such signs have been expanded to include ." fading, dissolving, scrolling and traveling, without any apparent adverse effect on traffic safety. Regulation of Electronic Signs The history of the regulation of electronic signs has been largely marked by polar extremes in regulation. A number of zoning and sign codes have treated such signs as any other sign, with no special regulations. Others have attempted to prohibit their use in the entirety, largely out of concerns for traffic safety, and in some cases in the stated interest of aesthetics. For the reasons stated above, the traffic safety concerns have been largely unfounded. In decades of use and intense scrutiny, no definitive relationship between electronic signs and traffic accidents has been established. In fact, some studies have suggested that animated electronic signs may help keep the driver whose mind has begun to wander re -focused on the visual environment in and around the roadway. No studies support the notion that an electronic sign with a static display has a visual impact, from either a traffic safety or aesthetic impact, different from that of any other illuminated sign. Despite this, the fear of negative impact from potentially distracting signs has in the past motivated some communities to attempt to prohibit electronic signs altogether. Two common approaches have been to prohibit sign "animation" and the "intermittent illumination" of electronic signs. Both approaches have had their limitations. Electronic signs that are computer -controlled often have the capability to be displayed with a multitude of operational characteristics, many of which fall within the typical definition of "animation." However, static display techniques are quite commonplace with electronic signs, and the cost of using electronics in relatively typical sign applications has become more affordable. The programming of an electronic sign to utilize static displays only is simple and straightforward, yet probably overkill in the legal and practical sense. Nonetheless, out of fear that the programming may be changed to animation after a sign is permitted and operational, some local regulators have attempted to take the position that LED and other electronic signs are prohibited altogether. This position is unsound. There is no legal basis to deny a static -display electronic sign, as it is legally indistinguishable from any other illuminated sign. We don't prohibit car usage merely because the cars are designed so that they can exceed the speed limit; we issue a ticket to the driver if they do exceed the speed limit. Likewise, if a sign owner actually violates the zoning or sign code, the remedy is to cite them for the violation, not to presume that they will do so and refuse to issue Al permits at the outset. Moreover, most communities permit changing messages on signs displaying time and temperature, with no restrictions on timing. To apply a different standard to signs displaying commercial or noncommercial messages would be to regulate on the basis of the content of the sign, in violation of the First Amendment to the U.S. Constitution. The code technique of prohibiting "intermittent illumination" has its own limitations as it relates to electronic signs. The term "intermittent" suggests that the sign is illuminated at some times, and not illuminated at others. This is no basis to distinguish between an electronic sign and any other illuminated sign. Virtually all illuminated signs go through a cycle of illumination and non -illumination, as the sign is turned off during the day when illumination is not needed, or during the evening after business hours. If this were the standard, most sign owners would be guilty of a code violation on a daily basis. Other terminology may be used in sign codes, but the fact is that a regulation must be tailored to the evil it is designed to prevent. Community attitudes toward viewing digital images have changed nationwide, with personal computer use and exposure to electronic signs becoming widespread. People are simply accustomed to the exposure to such displays, more so than in years past. In some communities, there remains a concern about the potential that such signs may appear distracting, from a safety or aesthetic standpoint. Yet, static displays do not have this character, and even EMDs with moving text have not proven to have any negative impact. The real focus should be on the operations used for the change in message, and frame effects that accompany the message display. Many of these transition operations and frame effects are quite subtle, or otherwise acceptable from a community standpoint. It is now possible to define these operations, in the code itself, with sufficient specificity to be able to enforce the differences between what is acceptable and what is not. The critical regulatory factors in the display of electronic changeable message signs are: 1) Duration of message display, 2) Message transition, and 3) Frame effects. With the exception of those locations where full animation is acceptable, the safety studies indicate that messages should be permitted to change at "reasonable intervals." Government users of signs have utilized 1-2 seconds on their own signs as a reasonable interval for message changes, and other communities permit very short display times or continuous scrolling on business signs without adverse effect. As a policy matter, some communities have elected to adopt longer duration periods, although to do so limits the potential benefits of using an electronic sign, particularly where messages are broken down into segments displayed sequentially on the sign. The message transitions and frame effects are probably the greater focus, from a sign code standpoint. It is during the message transition or frame effect that the eye is most likely drawn to the sign. What is acceptable is a matter of community H attitude. Flashing is a frame effect that is prohibited in many communities, but other more subtle transitions can be accepted. It is relatively easy to define four basic levels of operational modes for message transitions that can be incorporated into a sign code: Level 1 Static Display Only (messages changed with no transition) Level 2 Static Display with "Fade" or "Dissolve" transitions, or similar subtle transitions and frame effects that do not have the appearance of moving text or images Level Static Display with 'Travel" or "Scrolling" transitions, or similar transitions and frame effects that have text or animated images that appear to move or change in size, or be revealed sequentially rather than all at once Level 4 Full Animation, Flashing and Video There are, in fact, other operations recognized within the industry. However, in practice they can be equated in visual impact with "fade," "dissolve," "travel" or "scrolling," based on their visual effect, or otherwise be considered full animation. Different transition operations may be acceptable in different locations. For example, communities like Las Vegas accept full animation as a community standard, whereas others accept full animation only in urban core locations where a sense of visual vitality and excitement is desirable. Some communities may desire not to have an area with such visual stimuli, and elect to prohibit animation everywhere. However, in such a community, fade or scrolling may be acceptable forms of message transitions for static displays. In the most conservative communities, static displays with no observable transition between messages may be the only acceptable course. The next decision point for a community seeking to regulate electronic signs is procedural. Some signs may be acceptable always, while the community may determine that others are acceptable only in certain given circumstances. Alternatives to be considered for a sign code are as follows: • Permit electronic signs "as a matter of right" • Permit electronic signs with certain transitions "as a matter of right" • Permit electronic signs, subject to a review procedure Permit electronic signs, with certain transitions, subject to a review procedure A hybrid of the above For instance, one community may find it acceptable to permit electronic signs, with full animation, as a matter of right. Other than a straightforward sign permit, no other review is required. In another community, the sign code structure may permit: 1) Static displays with no transitions as a matter of right, 2) static displays using fade or dissolve transitions as a matter of right in certain commercial zoning districts, 3) static displays using travel and scrolling transitions and animations in certain commercial districts, subject to approval of a special use permit, where the approving board can consider compatibility with surrounding land uses and attach conditions on the rate of message changes, and 4) Fully-animated/video displays in the downtown commercial district only, subject to approval of a special use permit. The level of procedure involved should be tailored to the acceptance level of the community, and the resources available should public review be desired. In the following section, we have provided model code language that can be used, for reference, to incorporate into a community's sign code. The model language suggests code scenarios based on each of the four levels of display transitions. It also provides alternative language, for some scenarios, to either incorporate a special review procedure or not. Of course, the model language must be tailored to a particular community's sign code. Variation may be necessary, where, for instance, the special review procedure would be by the local planning commission, city council or design review board. With ease, the model code language can be modified to meet local conditions. © 2004 Electronic Display Manufacturers Association 12 Model Sign Code Provisions for Electronic Signs Level 1-Static Display (Message Changed with no Transition) Definitions ELECTRONIC MESSAGE DISPLAY — A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. Electronic Message Displays maybe permitted [with the approval of a use permit] [in the zoning districts] subject to the following requirements: a. Operational Limitations. Such displays shall contain static messages only, and shall not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign, including the movement or appearance of movement of any illumination or the flashing, scintillating or varying of light intensity. b. Minimum Display Time. Each message on the sign must be displayed for a minimum of (insert reasonable interval]_seconds. c. Message Change Sequence. [Alternative 1: The change of messages must be accomplished immediately.] [Alternative 2: A minimum of 0.3 seconds of time with no message displayed shall be provided between each message displayed on the sign.] 13 Model Electronic Sign Code Provisions Level 2-Static Display (Fade/Dissolve Transitions) Definitions ELECTRONIC MESSAGE DISPLAY — A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. DISSOLVE — a mode of message transition on an Electronic Message Display accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message. FADE — a mode of message transition on an Electronic Message Display accomplished by varying the light intensity, where the first message gradually reduces intensity to the point 'of not being legible and the subsequent message gradually increases intensity to the point of legibility. FRAME — a complete, static display screen on an Electronic Message Display. FRAME EFFECT — a visual effect on an Electronic Message Display applied to a single frame to attract the attention of viewers. TRANSITION — a visual effect used on an Electronic Message Display to change from one message to another. Electronic Message Displays may be permitted [with the approval of a use permit] [in the zoning districts] subject to the following requirements: a. Operational Limitations. Such displays shall contain static messages only, changed only through dissolve or fade transitions, or with the use of other subtle transitions and frame effects that do not have the appearance of moving text or images, but which may otherwise not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign, including the movement of any illumination or the flashing, scintillating or varying of light intensity. b. Minimum Display Time. Each message on the sign must be displayed for a minimum of (insert reasonable intervalLseconds. 14 Model Electronic Sign Code Provisions Level 3-Static Display (Travel/Scroll Transitions and Animations) Definitions ELECTRONIC MESSAGE DISPLAY — A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. DISSOLVE — a mode of message transition on an Electronic Message Display accomplished by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message. FADE — a mode of message transition on an Electronic Message Display accomplished by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility. FRAME — a complete, static display screen on an Electronic Message Display. FRAME EFFECT — a visual effect on an Electronic Message Display applied to a single frame to attract the attention of viewers. SCROLL — a mode of message transition on an Electronic Message Display where the message appears to move vertically across the display surface. TRANSITION — a visual effect used on an Electronic Message Display to change from one message to another. TRAVEL — a mode of message transition on an Electronic Message Display where the message appears to move horizontally across the display surface. Electronic Message permit] [in the requirements: Displays may be permitted [with the approval of a use zoning districts] subject to the following a. Operational Limitations. Such displays shall be limited to static displays, messages that appear or disappear from the display through dissolve, fade, travel or scroll modes, or similar transitions and frame effects that have text, animated graphics or images that appear to move or change in size, or be revealed sequentially rather than all at once. b. Minimum Display Time. Each message on the sign must be displayed for a minimum of (insert reasonable intervalLseconds. 15 Model Electronic Sign Code Provisions Level 4-Video/Animation Definitions ELECTRONIC MESSAGE DISPLAY — A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means, including animated graphics and video. Electronic Message Displays may be permitted [with the approval of a use permit] [in the zoning districts] 16 Copyright D EDMA 2004 C I COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 May 2, 2006 NOTIFICATION OF PUBLIC HEARING TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: APPEAL APPLICATION #09-06 OF VALLEY FARM CREDIT On behalf of the Frederick County Board of Zoning Appeals, you are hereby notified of a public hearing being held on Tuesday, May 16, 2006, at 3:25 p.m., in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This is a public hearing to consider the following application: Appeal Application #09-06 of Valley Farm Credit, to appeal the decision of the Zoning Administrator in the administration of the Zoning Ordinance pertaining to Section 165-30A(l), animated or flashing signs. The subject property fronts Route 11, south of the interchange of Route 37 and Interstate 81, within the Kernstown Business Park, and is identified with Property Identification Number 75-A-10 in the Back Creek Magisterial District. Any interested parties may attend this hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, - ,;0/ - - z-- -z- Mark R. Cheran Zoning and Subdivision Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 ALd 4 -This is to certify thAa attached correspondence was to the following on S4 from the Department of Planning and Development, Frederick County, Virginia: -- - 75 -A- - 10-i ORANGE PARTNERS, LLC Valley Farm Credit !125 Prosperity Dr. CHESS 22602 !Winchester, VA 22602 d tM� 75 - A- - 2-E � WALLACE, JOHN A JR TRUSTEE - - 538 GENTLEWOOD SO PURCELLVILLE, VA 20132.3398 75 - A- - 21 REPTIDE, LLC 4951 NEW CENTRE DR WILMINGTON, NC 28403.1662 75 - A- - 2-J. BEAN PROPERTIES, LLC PO BOX 3265 WINCHESTER, VA 22604.2465 75 -A- - 11-C MILLER AUTO SALES, INC & DEALERSHIP MGMT CO, LLC 3951 VALLEY PIKE WINCHESTER, VA 22602.2465 75 - A- - 2- JASBO, INC PO BOX 480 STEPHENS CITY, VA 22655 Mark K Cheran Zoning & Subdivision Administrator _---_.-_-- - - - Frederick County Planning Dept. STATE OF VTRGMA COUNTY OF FREDEF 1, ,. a Notary Public in and for the State and County aforesaid, do l6treby certify that MaA R. Cheran, Zoning & Subdivision Administrator, for the Dep e of Planning and Development, whose name is signed to the foregoing, dated ��16t 6 , has personally appeared before me and acknowledged the same in my County aforesaid. Given under my hand this day of �B My commission expires on 01$06 I BARBARA-DATA PROCESSING y� Its IROOM:BEV - Planning Dept. Please print � sets of labels by -io �-� /,,/ THANKS! 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 Property Identification Number.) NAME No r-t 0_C e.,N{ Pf4 p b L-YV\.Q-Vrs CL-re, G �-C-e.c42Ck bu -VWS recta <-J-. Address Property ID # Address Property ID # 7 5 " 4 -, ZL Address Property ID # ;7 =,4 Z j Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # I M�Vj-*' �O:BARBARA-DATA PROCESSING P� y FAe FROM: BEV - Planning Dept. Please print �_ sets of labels by ✓ — � �� THANKS! 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 Prone Identification Number.) NAME Np Md�-ac Q k+ Pra p 6,re- c "ec z.� b -1 W s t . Address Property ID # 7,5—T/4 Address Property ID # 75 -,4 2Z Address Property ID # 75--fI 2 Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # I= Z APR 27M Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE NITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Bernie Mark Susan Eric Mike Kevin John COMMENTS: Received by Clerical Staff (Date & Time):