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HomeMy WebLinkAboutZTA201000005 Legacy Document 2012-06-28COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, North Wing Charlottesville, Virginia 22902 -4596 Phone (434) 296 -5832 Fax (434) 972 -4176 MEMORANDUM TO: File FROM: Ron Higgins DATE: September 23, 2011 RE: ZTA- 2010 -00005 Signs The Albemarle County Planning Commission, at its meeting on September 13, 2011, by a vote of 4:0, recommended approval of the above -noted Zoning text Amendment to the Board of Supervisors. The Board is scheduled to hold a public hearing on this item at its November 2, 2011 meeting. An updated staff report will be provided in the near future. ZTA- 2010 -00005 Signs — Recommendations Attachment A of Staff Report Draft: 08/29/11 1 ORDINANCE NO. 11 -18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, AND ARTICLE 111, DISTRICT REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article II, Basic Regulations, and Article III, District Regulations, are hereby amended and reordained as follows: By Amending: Sec. 4.15.1 Purpose and intent Sec. 4.15.2 Definitions Sec. 4.15.4 Signs authorized by sign permit Sec. 4.15.6 Signs exempt from the sign permit requirement Sec. 4.15.7 Prohibited signs and sign characteristics Sec. 4.15.8 Regulations applicable in the MHD, RA, VR, R -1 and R -2 zoning districts Sec. 4.15.9 Regulations applicable in the R -4 and R -6 zoning districts Sec. 4.15.11 Regulations applicable in the PUD, DCD and NMD zoning districts Sec. 4.15.12 Regulations applicable in the C -1 and CO zoning districts Sec. 4.15.13 Regulations applicable in the HC, PD -SC and PD -MC zoning districts Sec. 4.15.14 Regulations applicable in the HI, LI and PD -IP zoning districts Sec. 4.15.15 Regulations applicable in the entrance corridor overlay district Sec. 30.6.4 Certificates of appropriateness Sec. 30.6.5 Development exempt from requirement to obtain certificate of appropriateness By Adding: Sec. 4.15.4A Signs authorized by temporary sign permit Chapter 18. Zoning Article 11. Basic Regulations Sec. 4.15.1 Purpose and intent The purpose and intent of this section 4.15 include, but are not limited to, the following: a. The board of supervisors finds that signs are a separate and distinct use of the property upon which they are located and affect the uses and users of adjacent streets, sidewalks and other areas open to the public; that signs are an important means of communication for businesses, organizations, individuals and government; and that the unregulated erection and display of signs constitute a public nuisance detrimental to the health, safety, convenience and general welfare of the public. Therefore, the purpose of this section 4.15 is to establish reasonable regulations pertaining to the time, place and manner in which outdoor signs and window signs may be erected and maintained in order to: 1. Promote the general health, safety and welfare, including the creation of an attractive and harmonious environment; 2. Protect the public investment in the creation, maintenance, safety and appearance of its streets, highways and other areas open to the public; Draft: 08/29/112 3. Improve pedestrian and vehicular safety by avoiding saturation and confusion in the field of vision that could otherwise result if such signs were not regulated as provided herein; and 4. Protect and enhance the county's attractiveness to tourists and other visitors as sources of economic development. b. The board of supervisors finds that the regulations in this section 4.15 advance the significant governmental interests identified herein and are the minimum amount of regulation necessary to achieve them. c. Signs are classified and regulated in this section 4.15 by their purpose (e.g., bonus tenant panel), physical type (e.g., freestanding sign), location (e.g., off -site sign) and characteristics (e.g., illuminated sign). By classifying and regulating signs by their purpose, the board of supervisors does not intend to regulate their content and, more specifically, any particular viewpoint, but rather intends to create a reasonable classification by which to regulate the time, place and manner of signs. cd. The regulations in this section 4.15 shall apply to all outdoor signs and window signs. Each sign subject to this section 4.15 shall comply with all regulations applicable to that sign. d. Signs are classified and regulated in this section 4.15 by their purpose (e.g., anchor sign), physical type (e.g., freestanding sign), location (e.g., off -site sign) and characteristics (e.g., illuminated sign). Each sign subject to this section 4.15 shall comply with all regulations applicable to that sign. (12- 10 -80; 7 -8 -92, § 4.15.01; Ord. 01- 18(3), 5 -9 -01) State law reference — Va. Code § 15.2 -2280. Sec. 4.15.2 Definitions The following definitions shall apply in the interpretation and implementation of this section 4.15: (2) Anchor sign. The term "anchor sign" means a sign that identifies any specific business within a shopping center. (8.1) Bonus tenantpanel: The term "bonus tenant panel" means an additional sign permitted for individual tenants in shopping centers or planned developments when added to the freestanding sign for the shopping center or planned development. (14.1) Cornice line. The term "cornice line" means the location of a cornice along the top of a wall; or, for a wall that has no cornice, the corresponding horizontal line along the top of a wall where a cornice would traditionally be located. In all cases, the "cornice line" applies to the main walls of a building and does not apply to features that extend above the top of the main walls of a building. Draft: 08/29/113 (16) Electric message sign. The term "electric message sign" means a sign on which the copy can be changed or altered by electric, electro- mechanical or electronic means. (35) Off -site sign. The term "off -site sign" means: (i) within a zoning district other than a planned development, a sign that is not located on the same lot with the use to which it pertains, but does not include a sign located in a public right -of -way; or (ii) within a planned development zoning district, a sign that is not located within the area depicted on the application plan approved for the planned development, but does not include a sign located in a public right -of -way. (12- 10 -80; 7 -8 -92, § 4.15.03; Ord. 01- 18(3), 5 -9 -01; Ord. 05- 18(4), 3- 16 -05; Ord. 10- 18(1), 1- 13 -10; Ord. 10- 18(3), 5 -5 -10; Ord. 10- 18(5), 5- 12 -10) State law reference — Va. Code § 15.2 -2280. Sec. 4.15.4 Signs authorized by sign permit Except as provided in sections 4.15.6 (exempt signs) and 4.15.24 (nonconforming signs) Except for temporary signs subject to the permitting requirements of section 4.15.4A, signs exempt from this section under section 4.15.6 or nonconforming signs subject to section 4.15.24, a sign permit shall be required for each sign erected on the same lot with the principal use to which it pertains, prior to its erection, alteration, replacement or relocation, as provided herein: a. Application. An application for a sign permit shall be submitted to the department of building code and zoning services community development, together with payment of the fee required for the application pursuant to section 35.0 35.1 of this chapter. A complete application shall consist of the following: 1. A fully completed application form, provided to the applicant by the zoning administrator; 2. A schematic legibly drawn to scale and sufficiently detailed showing the location and dimen -sions of the sign; and 3. Any plans, specifications and details pertaining to, among other things, the sign materials, the methods of illumination, methods of support, components, and the condition and age of the sign, as determined by the zoning administrator to be necessary for the review of the application. b. Application review and permit issuance. A sign permit application shall be reviewed and acted upon by the zoning administrator only as provided herein: 1. Timing of application. An application for a sign permit may be filed at any time, and if a special use permit for the sign is required under section 4.15.5 or a certificate of appropriateness for the sign is required under section 4.15.15 and section 30.6 of this chapter, the application may be filed with or any time after the application for the special use permit or certificate of appropriateness is filed. 12. Action on application. Within thirty (30) days of the receipt of a complete sign permit application, or within seven (7) days of the receipt of a complete sign application for a temporary sign, the zoning administrator shall review the application and either: (i) approve the Draft: 08/29/114 application; (ii) deny the application; or (iii) refer the application to the applicant for more information as may be required by subsection 4.15.4(Aa)(3); (iv) refer the application to the board of zoning appeals because the applicant must obtain a special use permit pursuant to section 4.15.5; and/or (v) refer the application to the architectural review board because the proposed sign will be located within the entrance corridor overlay district and a certificate of appropriateness is required. An application shall be denied only if the proposed sign is a prohibited sign, or does not comply with the regulations set forth in this section 4.15 or, a required special use permit or certificate of appropriateness for the sign was not granted. If the application is denied, the reasons shall be specified in writing. 23. Failure to timely act. If the zoning administrator fails to take one of the actions described herein within thirty (30) days of receipt of a complete sign permit application, or within seven (7) days of the receipt of a complete sign application for a temporary sign, the permit shall be deemed approved as received. c. Administration, generally. Except for permits issued for temporary signs, which are subject to the regulations in subsection (D), the following regulations shall apply to the administration of sign permits: 1. A sign permit shall become null and void if the use to which the sign permit pertains is not commenced within six (6) months after the date the sign permit, special use permit or certificate of appropriateness is issued, whichever is later or, if the sign contains exclusively noncommercial copy, the sign is not erected within six (6) months after the date the sign permit is issued. Upon written request by the permittee and upon good cause shown, the zoning administrator may grant an extension of the six (6) -month period. 2. The zoning administrator shall revoke a sign permit if the sign does not comply with any applicable regulation of this section 4.15. d. Administration, permits for temporary signs. The following regulations shall apply to the administration of sign permits issued for temporary signs: 1. A temporary sign that is a portable sign shall be stabilized so as not to pose a danger to public safety. Prior to the sign being erected, the zoning administrator shall approve the method of stabilization. 2. No more than four (4) permits for temporary signs shall be issued by the zoning administrator to the same establishment in any calendar year. 3. Each permit for a temporary sign shall be valid for a period not to exceed fifteen (15) consecutive days after the erection of the sign. (12- 10 -80; 7 -8 -92, §§ 4.15.09, 4.15.09.1, 4.15.09.2, 4.15.09.3; Ord. 01- 18(3), 5 -9 -01) State law reference — Va. Code §§ 15.2 -2280, 15.2 -2286. Sec. 4.15.4A Signs authorized by temporary sign permit A permit shall be required for each temporary sign (hereinafter, a "temporary sign permit "), prior to its erection, alteration, replacement or relocation, as provided herein: Draft: 08/29/115 a. Application. An application for a temporary sign permit shall be submitted to the department of community development, together with payment of the fee required for the application pursuant to section 35.1 of this chapter, and comply with the application requirements of subsection 4.15.4(a). b. Application review and permit issuance. A temporary sign permit application shall be reviewed and acted upon by the zoning administrator only as provided herein: 1. Action on application. Within seven (7) days after receipt of a complete application, the zoning administrator shall either: (i) approve the application; (ii) deny the application; or (iii) refer the application to the applicant for more information as may be required by section 4.15.4(a)(3). An application shall be denied only if the proposed temporary sign is a prohibited sign or does not comply with the regulations set forth in this section 4.15. If the application is denied, the reasons shall be specified in writing. 2. Failure to timely act. If the zoning administrator fails to take one of the actions described herein within seven (7) days of the receipt of a complete sign application for a temporary sign, the permit shall be deemed approved as received. c. Administration. The following regulations shall apply to the administration of sign permits: 1. Number ofpermits. No more than six (6) temporary sign permits shall be issued by the zoning administrator to the same establishment in any calendar year. 2. Period of validity. Each temporary sign permit shall be valid for a period not to exceed fifteen (15) consecutive days after the erection of the sign, provided that a temporary sign permit issued while a permanent sign is being made may be valid for longer than fifteen (15) days until the permanent sign is erected. 3. Aggregate duration for temporary signs in calendar year. Temporary signs shall not be erected at an establishment for more than sixty (60) days, in the aggregate, in a calendar year. 4. Portable signs; stabilization. A temporary sign that is a portable sign shall be stabilized so as not to pose a danger to public safety. Prior to the sign being erected, the zoning administrator shall approve the method of stabilization. d. Exemptions. A temporary sign permit is not required for a sign exempt from the sign permit requirement under section 4.15.6 or nonconforming signs subject to section 4.15.24. See. 4.15.6 Signs exempt from the sign permit requirement The following signs are exempt from the sign permit requirement set forth in to obtain a sign permit under section 4.15.4 and a temporary sign permit under section 4.15.4A, provided that they comply with the regulations set forth below and all other applicable regulations of this section 4.15:. A sign exempt from the requirements to obtain permits under sections 4.15.4 and 4.15.4A is not exempt from the requirement to obtain a special use permit under section 4.15.5 if required. (7) Home occupation class B or major home occupation sign. A home occupation class B or major home occupation sign that does not exceed four (4) square feet in sign area. Draft: 08/29/116 (18) Window sign. A permanent window sign, provided that it does not exceed twenty -five percent (25 %) of the total area of the window or door on which it is located, and the aggregate area of all window signs on each window or door does not exceed twenty -five percent (25 %) fifty percent (50 %) of the total area of the window and or door; and further provided that if a permanent window sign will be on a structure within the entrance corridor overlay district and the window sign is visible from an entrance corridor overlay street, that the aggregate area of all window signs shall not exceed nine (9) square feet per business and that a certificate of appropriateness for the window sign is obtained as provided in section 4.15.15. (Amended 3- 16 -05) (12- 10 -80; 7 -8 -92, § 4.15.04; Ord. 01-18(3),5-9-01; Ord. 05-18(4),3-16-05; Ord. 10-18(4),5-5-10) State law reference — Va. Code § 15.2 -2280. Sec. 4.15.7 Prohibited signs and sign characteristics Notwithstanding any other provision of this section 4.15, the following signs and sign characteristics are prohibited in all zoning districts: b. Signs with characteristics that create a safety hazard or are contrary to the general welfare. Signs whose construction, design, location or other physical characteristic create a safety hazard or are contrary to the general welfare, as follows: 7. Sign that obstructs vision. A sign that obstructs free or clear vision, or otherwise causes a safety hazard for vehicular, bicycle, or pedestrian traffic due to its location, shape, illumination or color; and window signs whose aggregate area on a window or door exceed twenty -five percent (25 %) fifty percent (50 %) of the total area of the window or door. (Amended 3- 16 -05) (12- 10 -80; 7 -8 -92, § 4.15.06; Ord. 01- 18(3), 5 -9 -01; Ord. 05-18(4),3-16-05) State law reference — Va. Code § 15.2 -2280. Sec. 4.15.8 Regulations applicable in the MHD, RA, VR, R -1 and R -2 zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Monticello Historic District (MHD), Rural Areas (RA), Village Residential (VR) and Residential (R -1 and R -2) zoning districts: Sign Type Number of Signs Allowed Sign Area Sign Height Sign (Maximum) (Maximum) Setback (Minimum) Directory 1 or more per establishment, 24 square feet, 6 feet 10 5 feet as authorized by zoning aggregated administrator Freestanding 1 per street frontage, or 2 per 24 square feet, 10 feet 10 5 feet entrance, per lot with 100 or more aggregated; if more feet of continuous street frontage, than 1 sign, no single plus 1 per lot if the lot is greater sign shall exceed 12 than Draft: 08/29/117 4 acres and has more than 1 approved entrance on square feet its frontage Subdivision 2 per entrance per 24 square feet, 6 feet 5 feet subdivision aggregated, per entrance Temporary 1 per street 24 square feet 10 feet, if freestanding 10 5 feet frontage per sign; 20 feet, if wall sign, establishment but not to exceed the top of the fascia or mansard Wall As calculated 40 square feet, 20 feet Same as that pursuant to aggregated in the RA applicable to section 4.15.20 zoning district; 20 square structure feet, aggregated, in other zoning districts (12- 10 -80; 7 -8 -92, § 4.15.12.1; Ord. 01- 18(3), 5 -9 -01; Ord. 05- 18(5), 6 -8 -05) State law reference — Va. Code § 15.2 -2280. Sec. 4.15.9 Regulations applicable in the R -4 and R -6 zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Residential (R -4 and R -6) zoning districts: Sign Type Number of Signs Allowed Sign Area Sign Height Sign Setback (Maximum) (Maximum) (Minimum) Directory 1 or more per establishment, 24 square feet, 6 feet 10 5 feet as authorized by zoning aggregated administrator Freestanding 1 per street frontage, or 2 per 24 square feet, 10 feet 10 5 feet entrance, per lot with 100 or aggregated; if more feet of continuous street more than 1 sign, frontage plus 1 per lot if the no single sign shall lot is greater than 4 acres and exceed 12 square has more than 1 approved feet entrance on its frontage Projecting 1 per street frontage 24 square feet 20 feet, but not to Not exceed the top of applicable the fascia or mansard Subdivision 2 per entrance per 24 square feet, 6 feet 5 feet subdivision aggregated, per entrance Temporary 1 per street 24 square feet 10 feet, if 10 5 feet frontage per establishment freestanding sign; 20 feet, if wall sign, but not to exceed the top of the fascia or mansard Wall As calculated pursuant to 20 square feet, 20 feet Same as that section 4.15.20 aggregated applicable to structure (12- 10 -80; 7 -8 -92, § 4.15.12.2; Ord. 01- 18(3), 5 -9 -01) State law reference — Va. Code § 15.2 -2280. Sec. 4.15.11 Regulations applicable in the PUD, DCD and NMD zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Planned Unit Development (PUD), Downtown Crozet (DCD) and Neighborhood Model (NMD) zoning districts: Sign Type Number of Signs Allowed Sign Area Sign Height Sign (Maximum) (Maximum) Setback Directory 1 or more per establishment, 24 square feet, 6 feet as authorized by zoning aggregated administrator 1 per street frontage, or 2 per 24 32 square feet, 12 feet entrance, per lot Draft: 08/29/118 5 feet (Minimum) 5 feet Freestanding with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage Projecting 1 per street frontage Subdivision Temporary Wall 2 per entrance per subdivision 1 per street frontage per establishment As calculated pursuant to section 4.15.20 24 square feet 24 square feet, aggregated, per entrance 24 square feet 1 square foot 1.5 square feet per 1 linear foot of establishment structure frontage, not to exceed 32 square feet if residential wall sign, or 100 square feet if nonresidential wall sign aggregated, plus bonus tenant panels as provided in section 4.15.16(b); if more than 1 sign, no single sign shall exceed 12 square feet 30 feet, but not to exceed the top of the fascia or mansard 6 feet 12 feet, if freestanding sign; 20 feet, if residential wall sign; or 30 feet if nonresidential wall sign, but not to exceed the top of the fascia or mansard cornice line 20 feet, if residential Not applicable 5 feet 5 feet Same as that wall sign; or 30 feet if applicable to nonresidential wall structure sign Not to exceed the cornice line Within the DCD, oOne (1) sandwich board sign is permitted for each establishment, subject to the following: (1) the sign shall not exceed four (4) feet in height, two (2) feet in width or eight (8) square feet of area per sign face; (2) if the sign is placed on a sidewalk or any other public pedestrian right -of -way, it shall be placed in a location that provides a contiguous and unobstructed pedestrian passageway at least three (3) feet wide; (3) the sign shall not be located in any required off - street parking space, driveway, access easement, alley or fire lane; (4) the sign shall not be illuminated; (5) the sign shall be removed during non - business hours; and (6) if the sign is located on county -owned right -of -way, prior to placement of the sign the owner shall agree to indemnify and hold harmless the county against any claim or liability arising from the placement of the sign, and the agreement shall be in a form and have a substance approved by the county attorney. Sandwich board signs shall be exempt from review and approval under section 30.6 subject to the requirements of section 4.15.16(i). (12- 10 -80; 7 -8 -92, § 4.15.12.4; Ord. 01- 18(3), 5 -9 -01; Ord. 03- 18(2), 3- 19 -03; Ord 10- 18(1), 1- 13 -10) State law reference — Va. Code § 15.2 -2280. Sec. 4.15.12 Regulations applicable in the C -1, and CO and HC zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Commercial (C -1), and Commercial Office (CO) and Highway Commercial (HC) zoning districts: Sign Type Number of Signs Allowed Sign Area Sign Height Sign (Maximum) (Maximum) Setback (Minimum) Directory 1 or more per establishment, 24 square feet, 6 feet 5 feet as authorized by zoning aggregated administrator Freestanding 1 per street frontage, or 2 per 32 square feet, 12 feet 5 feet entrance, per lot with 100 or aggregated, plus bonus more feet of continuous street tenant panels as provided frontage plus 1 per lot if the in section 4.15.16(b); if lot is greater than 4 acres and more than 1 sign at an has more than 1 approved entrance, no single sign entrance on its frontage shall exceed 16 square feet Projecting* 1 per street frontage 32 square feet 30 feet, but Not not to exceed applicable the top of the Draft: 08/29/119 fascia or mansard Temporary 1 per street 32 square feet 12 feet, if freestanding 5 feet frontage per sign; 30 feet if wall sign, establishment but not to exceed the top of the fascia or mansard cornice line Wall* As calculated 1 square foot 1.5 square 30 feet Not to exceed the Same as that pursuant to feet per 1 linear foot of cornice line applicable to section 4.15.20 establishment structure structure frontage, not to exceed 100 square feet *Each establishment may have both a projecting sign and a wall sign, provided that the aggregate sign area of the two signs shall not exceed thirty -two (32) square feet. If the establishment has both such signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projecting sign (which may not exceed thirty -two (32) square feet). (12- 10 -80; 7 -8 -92, § 4.15.12.5; Ord. 01- 18(3), 5 -9 -01) State law reference — Va. Code § 15.2 -2280. Sec. 4.15.13 Regulations applicable in the HC, PD -SC and PD -MC zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Highway Commercial (HC), Planned Development- Shopping Center (PD -SC) and Planned Development -Mixed Commercial (PD -MC) zoning districts: Sign Type Number of Signs Sign Area Sign Height Sign Setback Allowed (Maximum) (Maximum) (Minimum) Directory 1 or more per 24 square feet, 6 feet 5 feet establishment, aggregated as authorized by zoning administrator Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved entrance on its frontage 32 square feet, aggregated, plus bonus tenant panels as provided in section 4.15.16(b); if more than 1 sign at an entrance, no single sign shall exceed 16 square 12 16 feet 5 feet feet Projecting* 1 per street frontage 32 square feet 30 feet, but not to Not Allowed exceed the top of applicable establishment, the fascia or as authorized by zoning administrator mansard 1 per street frontage, or 2 Temporary 1 per street 32 square feet 12 feet, if 5 feet frontage per establishment continuous street frontage freestanding sign; plus 1 per lot if the lot is greater than 4 acres and 30 feet if wall has more than 1 approved sign, but not to exceed the top of the fascia or mansard cornice line Wall* As calculated pursuant to 1.5 square feet per 1 30 feet Not to Same as that section 4.15.20 linear foot of exceed the cornice applicable to establishment structure line structure frontage, not to exceed 200 square feet *Each establishment may have both a projecting sign and a wall sign, provided that the aggregate sign area of the two signs shall not exceed thirty-two (32) square feet. If the establishment has both such signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projecting sign (which may not exceed thirty-two (32) square feet. One (1) sandwich board sign is permitted for each establishment, subject to the requirements of section 4.15.16(i). Draft: 08/29/11 10 (12- 10 -80; 7 -8 -92, § 4.15.12.6; Ord. 01- 18(3), 5 -9 -01) State law reference — Va. Code § 15.2 -2280. Sec. 4.15.14 Regulations applicable in the HI, LI and PD -IP zoning districts The following regulations pertaining to the number of signs permitted per lot or establishment, the sign area, sign height, and setback requirements shall apply to each sign for which a sign permit is required within the Heavy Industry (HI), Light Industry (LI) and Planned Development - Industrial Park (PD -IP) zoning districts. Sign Type Number of Signs Allowed Directory 1 or more per establishment, as authorized by zoning administrator Freestanding 1 per street frontage, or 2 per entrance, per lot with 100 or more feet of continuous street frontage plus 1 per lot if the lot is greater than 4 acres and has more than 1 approved Sign Area (Maximum) 24 square feet, aggregated 32 square feet, aggregate, plus bonus tenant panels as provided in section 4.15.16(b); if more than 1 sign at an entrance, no single sign Sign Height (Maximum) 6 feet 12 feet Sign Setback (Minimum) 5 feet 5 feet Projecting Temporary Wall entrance on its frontage 1 per street frontage shall exceed 16 square feet 32 square feet 1 per street 32 square feet frontage per establishment As calculated pursuant to section 4.15.20 1.5 square feet per 1 linear foot of establishment structure frontage, not to exceed 200 square feet 30 feet, but not to 5 feet exceed the top of the fascia or mansard 12 feet, if 5 feet freestanding sign; 30 feet if wall sign, but not to exceed the top of the fascia or mansard cornice line 30 feet Not to Same as that exceed the cornice applicable to line structure *Each establishment may have both a projecting sign and a wall sign, provided that the aggregate sign area of the two signs shall not exceed thirty-two (32) square feet. If the establishment has both such signs, the allowed sign area of the wall sign shall be reduced by the sign area of the projecting sign (which may not exceed thirty-two (32) square feet). Within the PD -IP zoning district, one (1) sandwich board sign is permitted for each establishment, subject to the requirements of section 4.15.16(i). (12- 10 -80; 7 -8 -92, § 4.15.12.7; Ord. 01- 18(3), 5 -9 -01) State law reference — Va. Code § 15.2 -2280. Sec. 4.15.15 Regulations applicable in the entrance corridor overlay district In addition to all other regulations set forth in this section 4.15, the following regulations shall apply within the entrance corridor overlay zoning district: a. Certificate of appropriateness required. Prior to the erection of a sign that would be visible from an entrance corridor street, including a sign erected on or visible through a window on a structure, the owner or lessee of the lot on which the sign will be located shall obtain a certificate of appropriateness for that sign unless the sign is exempt under section 30.6.5(d). Draft: 08/29/11 11 b. Authority and procedure for acting upon application for certificate of appropriateness. The authority and procedure for acting upon an application for a certificate of appropriateness for a sign shall be as set forth in section 30.6. c. Opaque backgrounds. All internally illuminated box -style and cabinet -style signs shall have an opaque background. (12- 10 -80; 7 -8 -92, § 4.15.12.8; Ord. 01- 18(3), 5 -9 -01; Ord. 10- 18(5), 5- 12 -10) State law reference — Va. Code §§ 15.2 -2280, 15.2 -2286. Sec. 4.15.16 Regulations applicable to certain sign types In addition to all other regulations set forth in this section 4.15, the following regulations apply to the sign types identified herein: b. Anchor signs Bonus tenant panels. In each shopping center exceeding one hundred thousand (100,000) fifty thousand (50,000) square feet in gross floor area: (i) one (1) freestanding anchor sign bonus tenant panel shall be permitted for each one hundred thousand (100,000) fifty thousand (50,000) square feet in gross floor area, not to exceed four (4) anchor signs bonus tenant panels at the shopping center; and (ii) each anchor sign no bonus tenant panel shall not exceed six (6) eight (8) square feet in sign area. i. Wall signs. In order to be eligible to have a wall sign, the establishment shall have an exterior wall. Sandwich board signs. Sandwich board signs shall be subject to the following: (1) the sign shall not exceed four (4) feet in height, two (2) feet in width or eight (8) square feet of area per sign face; (2) if the sign is placed on a sidewalk or any other public pedestrian right -of -way, it shall be placed in a location that provides a contiguous and unobstructed pedestrian passageway at least three (3) feet wide; (3) the sign shall not be located in any required off - street parking space, driveway, access easement, alley or fire lane; (4) the sign shall not be illuminated; (5) the sign shall be removed during non - business hours; and (6) if the sign is located on county -owned right -of -way, prior to placement of the sign, the owner shall agree to indemnify and hold harmless the county against any claim or liability arising from the placement of the sign, and the agreement shall be in a form and have a substance approved by the county attorney. j. Signs using rare gas illumination. Signs using exposed rare gas illumination, and signs within the entrance corridor overlay district visible from an entrance corridor overlay street that use rare gas illumination covered by a transparent material, shall not have a brightness that exceeds thirty (30) milliamps. Brightness shall be determined by the zoning administrator, who shall consider information provided by the sign manufacturer, the rated size of the sign's transformer, and any other relevant information deemed appropriate. (Added 3- 16 -05) k. Wall signs. In order to be eligible to have a wall sign, the establishment shall have an exterior wall. (12- 10 -80; 7 -8 -92, § 4.15.12; Ord. 01- 18(3), 5 -9 -01; Ord. 05-18(4),3-16-05) State law reference — Va. Code § 15.2 -2280. Draft: 08/29/11 12 Article III. District Regulations Sec. 30.6.4 Certificates of appropriateness The architectural review board is authorized to issue certificates of appropriateness for any structure, and associated improvements, or any portion thereof, that are visible from the EC street to which the parcel is contiguous, as follows: b. Types of certificates of appropriateness. The architectural review board is authorized to issue the following types of certificates of appropriateness: 1. Specific developments. For specific developments associated with one or more building permits or a single site plan. 2. Signs in a new multi - business complex or shopping center. For all of the signs in a new multi- business complex or shopping center, where the architectural review board first conducts a comprehensive sign review. Once a certificate of appropriateness for signs in a new multi- business complex or shopping center is issued, the director of planning is authorized to determine whether a particular sign satisfies the conditions of the certificate of appropriateness. 3. County -wide certificates of appropriateness. County -wide certificates of appropriateness may be issued for classes of structures, sites, improvements, or architectural elements, subject to the applicable design criteria and procedures, as follows: a. Categories of structures, sites, improvements, or architectural elements eligible for county -wide certificates of appropriateness. The following categories of structures, sites, improvements, or architectural elements shall be eligible for county -wide certificates of appropriateness: 1. Structures located seven hundred fifty (750) feet or more from an EC street that are not more than five (5) stories tall. 2. Structures that are proposed to be located behind another structure that fronts an EC street as viewed from the EC street, where the rear structure is no more than twice the height of the front structure. 3. Personal wireless service facilities. 4. Wall signs proposed for structures having a single occupant Signs. 5. Safety fencing and screening fencing. 6. New or replacement rooftop- mounted or ground- mounted equipment. 7. Additions to structures or improvements for which a certificate of appropriateness was issued, where the design of the addition to the structure or improvement is consistent with the architectural design approved with the certificate of appropriateness. 8. New structure or site lighting or changes to existing structure or site lighting. Draft: 08/29/11 13 9. Minor amendments to site plans and architectural plans. 10. Building permits for which the proposed change occupies fifty (50) percent or less of the altered elevation of an existing structure. 11. Permits classified in sections 5 -202, 5 -203, 5 -204 and 5- 208(A) not otherwise exempt under section 30.6.5(k). (§ 30.6.4, 10 -3 -90; § 30.6.4.1, 10 -3 -90; 5- 18 -94; § 30.6.4.2, 10 -3 -90; § 3 0.6.5 (formerly § 30.6.3.2, 7 -8 -92; Ord. 01- 18(3), 5- 9 -01); § 30.6.4, Ord. 10- 18(5), 5- 12 -10) Sec. 30.6.5 Development exempt from requirement to obtain certificate of appropriateness The following development is exempt from the requirements of section 30.6: d. Agricultural product signs, political signs, public signs, sandwich board signs, temporary signs, and sandwich board signs window signs and signs exempt from the sign permit requirement under section 4.15.6. (§ 30.6.6, 10 -3 -90; § 30.6.6.1, 10 -3 -90; § 30.6.6.2, 10 -3 -90, 6- 14 -00; § 30.6.6.3, 5- 18 -94; § 30.6.5; Ord. 10-18(5),5-12-10) (Formerly SIGNS, Now see 30.6.4, 5- 12 -10) 1, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as recorded below, at a regular meeting held on Clerk, Board of County Supervisors Aye Nay Mr. Boyd Mr. Dorrier Ms. Mallek Mr. Rooker Mr. Snow _ Mr. Thomas