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HomeMy WebLinkAboutZTA201200010 PresentationCriteria 2: within ' /4miof turning decision Proposed Directional Sign Location Criteria Parcel A Primary Access Road Criteria 1: within 1/2 mi of entrance Criteria 3: other location with BZA approval Current Zoning Regulations Relating to Off -Site Signs 4.15 SIGNS 4.15 SIGNS (New sections adopted 7 -8 -92 and 5 -9 -01; old sections repealed at the same time.) 4.15.1 PURPOSE AND INTENT The purpose and intent of this section 4.15 include, but are not limited to, the following: a. The board of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; 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. d. 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. (12- 10 -80; 7 -8 -92, § 4.15.01; Ord. 01- 18(3), 5 -9 -01; Ord. 12- 18(2), 3- 14 -12) 4.15.2 DEFINITIONS The following definitions shall apply in the interpretation and implementation of this section 4.15: (47) Sign. The term "sign" means any object, device or structure, or any part thereof including the sign face and the sign structure, visible from beyond the boundaries of the lot on which it is located, which exists primarily to advertise, identify, display, or direct or Current Zoning Regulations Relating to Off -Site Signs attract attention to a structure, object, person, institution, organization, business, product, service, event, issue or location by any means, including letters, figures, designs, devices, pictures, projected images, symbols, fixtures, colors, logos, emblems, or insignias or any part or combination thereof. (Amended 3- 16 -05) (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. (Added 3- 14 -12) 4.15.5 SIGNS AUTHORIZED BY SPECIAL USE PERMIT Except as provided in subsection (d), electric message signs, off -site signs, and signs in public rights -of -way may be authorized only by special use permit, as provided herein: a. Circumstances under which signs may be authorized. The signs may be authorized only under the following circumstances: 1. Off -site signs. Off -site signs may be authorized by special use permit within any zoning district. 2. Electric message signs. Electric message signs may be authorized by special use permit within any commercial or industrial zoning district, or any commercially designated areas of a planned unit development. 3. Signs in public rights -of -way. Signs in public rights -of -way; provided: (1) the subdivision or planned development to which the sign pertains abuts the public right -of -way; (2) the sign is either a subdivision sign or a sign identifying a planned development authorized by sections 19, 20, 25, 25A, and 29; (3) the freestanding sign regulations, other than setback regulations, applicable to the lot with the use to which the sign pertains shall apply; and (4) if the sign is located within an entrance corridor overlay district, a certificate of appropriateness is issued by the architectural review board. b. Authority. The authority to issue a special use permit for off -site signs and electric message signs is hereby granted to the board of zoning appeals. c. Procedure and administration. The application procedure, the findings and conditions to be applied by the board of zoning appeals when considering an application for a special use permit, and the authority to revoke such a permit, shall be as provided in section 31.6 of this chapter. In addition to the foregoing: 1. For an off -site sign, the board of zoning appeals shall also find that the issuance of a special use permit is necessary because an on -site sign would be ineffective to communicate its message off -site because of topography or vegetation. 2 Current Zoning Regulations Relating to Off -Site Signs 2. For an electric message sign, the board of zoning appeals shall also find that the sign complies with all applicable state laws for such signs. 3. A permit number for each special use permit issued for an off -site sign shall be affixed to the sign in a conspicuous place. d. Exception; certain off -site signs. A special use permit shall not be required for off -site directional, political, subdivision or temporary signs, and off -site agricultural product signs, except for those advertising a farmers' market in any zoning district other than the Rural Areas, Monticello Historic District, and the Village Residential zoning districts, provided that their number does not exceed two (2) and they do not exceed an aggregate of thirty -two (32) square feet in sign area, and further provided that any agricultural product sign advertising a farmers' market in the Rural Areas, Monticello Historic District, or the Village Residential zoning districts is posted within that particular zoning district. (12- 10 -80; 7 -8 -92, § 4.15.05; Ord. 01- 18(3), 5 -9 -01; Ord. 10- 18(4), 5 -5 -10) 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:... g. Off -site signs. An off -site sign shall count toward the signage allowed on the lot on which the sign is located. 3 Criteria 2: within ' /4miof turning decision Proposed Directional Sign Location Criteria Parcel A Primary Access Road Criteria 1: within 1/2 mi of entrance Criteria 3: other location with BZA approval TABLE 1 The Standard Relationship Between Vehicle Speed and Legibility Distance In Feet and Meters Vehicle Speed MRLD 55 mph (88 kph) 81' /sec (25 m /sec) 440'(134 m) 50 mph (90 kph) 73' /sec (22.25 m /sec) 400'(122 m) 45 mph (72 kph) 66' /sec (20 m /sec) 360'(110 m) 40 mph (64 kph) 59' /sec (18 m /sec) 320'(98 in) 35 mph (56 kph) 51' /sec (15.5 m /sec) 280'(85 m) 30 mph (48 kph) 44' /sec (13.4 m /sec) 240'(73 m) 25 mph (40 kph) 37' /sec (11.3 m /sec) 200'(61 m) Source: Schwab, Richard N.;' also, Garvey, P.M., et al, 1996.$ is the "cone of vision," which is variously reported to be limited to 18 to 24 degrees. Location within a range of 20 degrees from the motorist (the half -angle being 10 degrees) is recommended for on- premise signage, and outside of that visual cone, a sign's conspicuity is dramatically diminished. Once the sign is noticed with peripheral vision, the motorist will have to make accurate eye movements to look directly at the sign with central vision for legibility and readability. At night, the cone of vision is greatly reduced, often to only the area illuminated by the vehicle's headlights. Unless a sign otherwise optimally visible is either internally illuminated or lighted by exterior flood lamps, it is essentially invisible at night. Even signs containing retroreflective materials cannot be seen unless they can be illuminated by vehicle headlights. Forthis to occur, a sign must be located near the right shoulder of the roadway. Legibility Legibility occurs when a sign's letters, symbols and graphics are capable of being deciphered sufficiently that it's meaning may then be understood. How easily a sign can be read by oncoming drivers of 20/40 visual acuity is first dependent on the sign's legibility, which in turn is dependent upon such characteristics as letter size, font, spacing of letters and words; extent of negative space (blank area of sign), whether the sign contains a dark legend on a light background or a light legend on a dark background, the color combinations between legend and background, and (in the case of obliquely oriented signs) foreshortening effects, among other factors. Before judging the legibility of a sign, it is essential to first determine the distance from the sign at whichh it must be legible. This, of course, is because the intended viewer of the sign's message will not be standing in a sign shop or at a permit hearing looking at a drawing. They will be seated behind the windshield of a moving vehicle, focusing their attention on the driving task in an environment full of items vying for their attention. Moreover, they must be able to notice and read the sign in sufficient time to make a decision to stop at the business and then safely stop at the business. The key, therefore, is the speed at which they are traveling and the duration of time they will need to read and react to the sign. In most research minimum sight distance is referenced as the MRLD, or the Minimum Required Legibility Distance at which a sign should be detectable and readable. The distance will vary according to the speed of approaching vehicles, the sign's placement in relation to the roadway, its conspicuity and readability, and the complexity of the message. For simplicity's sake, Table 1 offers the minimum distance at which a sign must be legible to the average driver of 20/40 visual acuity (the minimum required for a driver's license). It assumes the sign being viewed is within 5 to 10 feet of the edge of the right -of -way, that it is of optimal height, that it is optimally conspicuous and readable, and that it is not subject to any environmental degradation, distractions or visual obstructions. The next step is to determine how large the letters must be at that distance to be legible to the average driver of 20/40 visual acuity. Forbes and Holmes developed a Legibility Index (LI)l to describe the relative legibility of different letter sizes used on highway signs. They found that for every 90 feet of distance, lettering needed one inch in height to be read by a person with 20/23 visual acuity. Although the Forbes- Holmes standard was used for many years, the needs of drivers with lower visual acuity have been taken into consideration by the Federal Highway Administration, and the standard has been reduced to one inch of letter height for every 35 feet of distance. For a person of 20/40 visual acuity, however, one inch of letter height is needed for every 28.6 feet of distance. Because the previous MRLD studies had been conducted primarily on test tracks where no driving tasks were involved, in 2001 a study by Chrysler, et all" was undertaken that included driving tasks. The test group, which included