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Home My WebLink AboutZTA201200010 OrdinanceDraft: 11/07/13 ORDINANCE NO. 14 -18( ) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC 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, is hereby amended and reordained as follows: By Amending: Sec. 4.15.2 Definitions Sec. 4.15.5 Signs authorized by special use permit By Adding: Sec. 4.15.5A Signs authorized by special use permit; off -site signs Chapter 18. Zoning Article IL Basic Regulations See. 4.15.2 Definitions The following definitions shall apply in the interpretation and implementation of this section 4.15: (1) Access road. The term "access road" means a public or private street that is not a through street or provides frontage to fewer than ten (10) parcels. (11) Advertising vehicle. The term "advertising vehicle" means a motor vehicle, trailer or semi trailer (collectively, "vehicle ") having a permanent or temporary sign affixed, painted on or placed upon it, including a sign that alters the vehicle's manufacturer's profile; provided that a temporary sign affixed to an employee's private vehicle during his or her working hours is not an advertising vehicle. (Amended 3- 16-05) (1.4-2) Agricultural product sign. The term "agricultural product sign" means a sign or signs identifying the produce, crops, animals or poultry raised or quartered on the property, or identifying farm sales, a farm stand, a farmers' market or a farm winery. (Added 3- 16 -05; Amended 5 -5 -10) 9.11 Bundle sign. The term "bundle sign" means a freestanding off -site sign that identifies two or more establishments or sites that are not part of a planned development district and share a common entrance or access road. (14.2) Directional sign. The term "directional sign" means a freestanding off -site sign that directs vehicular or pedestrian traffic, or both, to an establishment or site and displays the establishment or site name . distance, an arrow providing direction. or any combination of the foregoing. (35) Off -site sign. The term "off -site sign" means: (i) within a �g district other than a planned development district, 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 zeptiffg district, a Draft: 11/07/13 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) (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; Ord. 11- 18(1), 1- 12 -11; Ord. 12- 18(2), 3- 14 -12) State law reference - Va. Code § 15.2 -2280. Sec. 4.15.5 Signs authorized by special use permit; electric message signs Except a :a °a „� section ,a` °Electric message signs, off site signs, signs a rights of wa� may be authorized only by special use permit, as provided herein: a. Authority. The board of zoning appeals is authorized to issue special use Dermits for electric message s b. Procedure and administration. The application procedure. the factors to be considered, the conditions imposed, and the authority to revoke such a permit, shall be as provided in section 33 of this chapter. ac. Preunistanees under whieh signs may, be autherked. The signs may be authefized only under- the following eir-eumstanees: Eligibility for special use hermit. In order to be eligible for a special use permit any proposed electric message sign shall be located within an industrial or commercial district or a commercial section of a planned development district, and the proposed sign shall comply with all applicable state laws for such signs. i, r mr- ....- off - site - sign, the b.•'a ^f zoning - appeals shall also r"5()B6:+wraSB peftnit is neeessafy beeattse an on site sign would be ineff-eefive to eommuniea4e its message off— site beeattse of topography or- vegetafion-. Draft: 11/07/13 (12- 10 -80; 7 -8 -92, § 4.15.05; Ord. 01- 18(3), 5 -9 -01; Ord. 10- 18(4), 5 -5 -10; Ord. 12- 18(7), 12 -5 -12, effective 4 -1- 13) State law reference — Va. Code §§ 15.2 -2280, 15.2 -2286. Sec. 4.15.5A Sims authorized by special use permit; off -site signs Except as provided in subsection (e), off -site signs may be authorized by special use permit, as provided herein: a. Authority. The board of zoning appeals is authorized to issue special use permits for bundle si ns directional signs, and signs in public rights -of -way. b. Procedure and administration. The application procedure, the factors to be considered. the conditions imposed, and the authority to revoke such a permit, shall be as provided in section 33 of this chapter. C. Eligibility for special use permit for off -site signs. In order to be eligible for a special use permit. any_ proposed bundle sign, directional sign or sign in the public right -of -way shall satisfy the following: 1. Bundle signs. For bundle signs: (i) the site to which the bundle sign pertains must be located within a residential district authorizing a density of less than six (6) dwelling units per acre: and (ii) share a common entrance or access road with one (1) or more other establishments. 2. Directional signs. For directional signs, the owner shall demonstrate to the satisfaction of the zoning administrator that it has exhausted all possible locations and sign types for an on -site sign and no on -site sign face would be visible within one hundred (100) feet of the site entrance. 3. Signs in public rights -of -way. For signs in the public rights -of -wav: (i) the subdivision or planned development to which the sign in the public right-of-way pertains abuts the public right- of-wav in which the sign will be located: (ii) the sign shall be either a subdivision sign or a sign identifying a planned development authorized by sections 19, 20, 25, 25A, and 29: (iii) the regulations applicable to freestanding signs for the subdivision or planned development to which the sign pertains, except for setback regulations, shall apply unless the Virginia Department of Transportation imposes more restrictive standards: and (iv) the Virginia Department of Transportation states in writing that it will permit the sign to be located in the public right-of- way. d. Authorized sign location. In addition to the eligibility requirements of subsection (c), an off -site sign authorized by special use permit shall be located as follows: 1. Bundle signs. A bundle sign shall be located on a parcel having frontage on a common entrance or an access road serving all establishments or sites identified on the sign and that is within an industrial or commercial district, a residential district authorizing a density of more than four (4) dwelling units an acre, or a planned development district. W. 001110. WNW , - (12- 10 -80; 7 -8 -92, § 4.15.05; Ord. 01- 18(3), 5 -9 -01; Ord. 10- 18(4), 5 -5 -10; Ord. 12- 18(7), 12 -5 -12, effective 4 -1- 13) State law reference — Va. Code §§ 15.2 -2280, 15.2 -2286. Sec. 4.15.5A Sims authorized by special use permit; off -site signs Except as provided in subsection (e), off -site signs may be authorized by special use permit, as provided herein: a. Authority. The board of zoning appeals is authorized to issue special use permits for bundle si ns directional signs, and signs in public rights -of -way. b. Procedure and administration. The application procedure, the factors to be considered. the conditions imposed, and the authority to revoke such a permit, shall be as provided in section 33 of this chapter. C. Eligibility for special use permit for off -site signs. In order to be eligible for a special use permit. any_ proposed bundle sign, directional sign or sign in the public right -of -way shall satisfy the following: 1. Bundle signs. For bundle signs: (i) the site to which the bundle sign pertains must be located within a residential district authorizing a density of less than six (6) dwelling units per acre: and (ii) share a common entrance or access road with one (1) or more other establishments. 2. Directional signs. For directional signs, the owner shall demonstrate to the satisfaction of the zoning administrator that it has exhausted all possible locations and sign types for an on -site sign and no on -site sign face would be visible within one hundred (100) feet of the site entrance. 3. Signs in public rights -of -way. For signs in the public rights -of -wav: (i) the subdivision or planned development to which the sign in the public right-of-way pertains abuts the public right- of-wav in which the sign will be located: (ii) the sign shall be either a subdivision sign or a sign identifying a planned development authorized by sections 19, 20, 25, 25A, and 29: (iii) the regulations applicable to freestanding signs for the subdivision or planned development to which the sign pertains, except for setback regulations, shall apply unless the Virginia Department of Transportation imposes more restrictive standards: and (iv) the Virginia Department of Transportation states in writing that it will permit the sign to be located in the public right-of- way. d. Authorized sign location. In addition to the eligibility requirements of subsection (c), an off -site sign authorized by special use permit shall be located as follows: 1. Bundle signs. A bundle sign shall be located on a parcel having frontage on a common entrance or an access road serving all establishments or sites identified on the sign and that is within an industrial or commercial district, a residential district authorizing a density of more than four (4) dwelling units an acre, or a planned development district. Draft: 11/07/13 2. Directional signs. A directional sign shall be located onlv in compliance with one of the following: (i) within one -half (1/2) mile from the site entrance along a street providing direct access to the site entrance: (ii) if the owner demonstrates to the satisfaction of the board of zoning appeals that it is unable to obtain permission from an owner within one -half (1/2) mile from the site entrance as provided in subsection (d)(2)(i), then within one - quarter (1/4) mile from the turning decision onto a street providing direct access to the site entrance: or (iii) if the owner demonstrates to the satisfaction of the board of zoning appeals that it is unable to obtain permissions as provided under subsections (d)(2)(i) and (d)(2)(ii), then another location authorized by the board of zoning appeals. 3. Signs in public rights -of -way. A sign in the public right -of -way shall be located only where the Virginia Department of Transportation authorizes it to be located. e. Exceptions: certain off -site signs. A special use permit shall not be required for the following off -site suns: 1. Agricultural product signs. Off -site agricultural product signs. except for those advertising a farmers' market in any district other than the Rural Areas, Monticello Historic District, and the Village Residential districts, provided that their number does not exceed two (2) for any farmers' market and they do not exceed an aregate 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 districts is posted within that particular district. 2. Bundle signs in certain districts. Off -site bundle signs for establishments located in anv industrial or commercial district, any residential district authorizing a density of six (6) dwelling units per acre or more, provided that the sign is located as provided in subsection (dl. 3. Directional signs pertaining to emergency medical service facilities and public uses. Off -site directional signs pertaining to twenty -four (24) hour emergency medical service facilities or any public use, in any district. 4. Political signs. Off -site political signs, in any district. 5. Subdivision signs. Off -site subdivision signs, in any district, except for subdivision signs in public rights -of -way. 6. Temporary signs. Off -site temporary signs, in any district. (12- 10 -80; 7 -8 -92, § 4.15.05; Ord. 01- 18(3), 5 -9 -01; Ord. 10- 18(4), 5 -5 -10; Ord. 12- 18(7), 12 -5 -12, effective 4 -1- 13) State law reference — Va. Code §§ 15.2 -2280, 15.2 -2286. Draft: 11/07/13 I, 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 Ave Nay Mr. Boyd Ms. Dittmar Ms. Mallek Ms. McKeel Ms. Palmer Mr. Sheffield Clerk, Board of County Supervisors