HomeMy WebLinkAboutZTA201500012 Staff Report 2015-11-04 (2)Draft: 09/17/15
ORDINANCE NO. 15 -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. 4.15.4A Signs authorized by temporary sign permit
Sec. 4.15.12 Regulations applicable in the C -1, CO and HC zoning districts
Sec. 4.15.13 Regulations applicable in the PD -SC and PD -MC zoning districts
Sec. 4.15.14 Regulations applicable in the HI, LI and PD -IP zoning districts
Chapter 18. Zoning
Article II. Basic Regulations
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:
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, 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:
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 after receipt of a complete sign application for a temporary
sign, the permit shall be deemed approved as received.
Administration. The following regulations shall apply to the administration of temporary sign
permits:
Number ofpermits. No more than six (6) temporary sign permits shall be issued by the
zoning administrator to the same establishment, or lot not containing an establishment, in
any calendar year, provided that a temporary sign erected to replace a permanent sign as
provided in subsection (c)(2)(b) shall not count toward this limit.
2. Period of validity. Each temporary sign permit shall be valid for the following periods:
Draft: 09/17/15
(a) Generally. Except as provided in subsection (c)(2)(b), 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.
(b) Within limits of MOT construction project during construction; where existing
permanent sign removed. For the period between the date the sign is erected,
which shall be on or after the date the Virginia Department of Transportation
( "VDOT ") issues a notice to proceed for a VDOT construction project, until the
date of project construction completion as evidenced by the date that VDOT
issues a form C -5 or makes an equivalent written determination, or until a
permanent sign to replace the removed permanent sign is installed at the
establishment or on the lot, whichever occurs first, provided that: (1) the
temporary sign is erected to replace a permanent sign on a lot abutting a primary
arterial or other public street within the project limits of the construction project
that includes the primary arterial; and (2) the permanent sign was required by
VDOT to be removed in conjunction with the construction project.
cl Within limits of MOT construction nroiect during construction. For the Deriod
between the date the sign is erected, which shall be on or after the date the
Vir in =Department of Transportation ( "VDOT ") issues a notice to proceed for a
VDOT construction nroiect, until the date of project construction completion as
evidenced by the date that VDOT issues a form C -5 or makes an equivalent
written determination, provided that: (1) not more than one (1) sign authorized by
this subsection per lot may be erected: (2) the lot has an existing primary use or a
structure for a pending primary use is under construction: (3) the lot abuts a
primary arterial or other public street within the project limits of the construction
project that includes the primary arterial: (4) the lot is within a zoning district
subject to sections 4.15.12.4.15.13. or 4.15.14: (5) on lots having three (31 or
fewer establishments, the sign area of the sign shall not exceed thirty -two (321
square feet: and (6) on lots having four (4) or more establishments, the sign area
of the sign shall not exceed forty -eight (48) square feet
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, provided that this limit shall not apply to a temporary sign °r -eete to r-eplaee
pefma-neat sign as provided i authorized by subsections (c)(2)(b) and (cl(21(cl.
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.
(Ord. 12- 18(2), 3- 14 -12)
State law reference — Va. Code § 15.2 -2280.
2
Draft: 09/17/15
Sec. 4.15.12 Regulations applicable in the C -1, 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), Commercial Office (CO) and Highway Commercial (HC) zoning districts:
*Each establishment may have both a projecting sign and a wall sign. 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).
* *Temporary signs within the limits of Virginia Department of Transportation construction
projects may have a sign area of up to forty -eight (48) square feet as provided in section
4.15.4A(c)(2)(c).
(12- 10 -80; 7 -8 -92, § 4.15.12.5; Ord. 01-18(3),5-9-01; Ord. 12-18(2),3-14-12; Ord. 12- 18(5), 9- 12 -12)
State law reference — Va. Code § 15.2 -2280.
Sec. 4.15.13 Regulations applicable in the 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 Planned Development- Shopping Center (PD -SC) and Planned Development -Mixed
Commercial (PD -MC) zoning districts:
Sign Type
Number of Signs Allowed
Sign Area
Sign Height
Sign Setback
Sign Type
Number of Signs Allowed
24 square feet, aggregated
6 feet
5 feet
1 per street frontage, or 2 per entrance, per lot
(Maximum)
(Maximum)
(Minimum)
Directory
1 or more per establishment,
24 square feet, aggregated
6 feet
5 feet
Freestanding
as authorized by zoning administrator
provided in section
16 feet
5 feet
1 per street frontage, or 2 per entrance,
32 square feet, aggregated, plus
per lot with 100 or more feet of
bonus tenant panels as provided in
Freestanding
continuous street frontage plus 1 per
section 4.1 if more than 1
12 feet
5 feet
lot if the lot is greater than 4 acres and
sign at an entrance, ce, no single sign
has more than 1 approved entrance on
shall exceed 16 square feet
its frontage
30 feet, but not to
Projecting*
1 per street frontage
32 square feet
exceed the top of the
Not applicable
fascia or mansard
12 feet, if freestanding
Temporary **
1 per street
32 square feet
sign; 30 feet if wall
5 feet
frontage per establishment
sign, but not to exceed
the cornice line
In the C -1 and CO zoning districts,
1.5 square feet per 1 linear foot of
establishment structure frontage,
Same as that
Wall *
As calculated pursuant to section
not to exceed 100 square feet; in
Not to exceed the
applicable to
4.15.20
the HC zoning district, 1.5 square
cornice line
structure
feet per 1 linear foot of
establishment structure frontage,
not to exceed 200 square feet
*Each establishment may have both a projecting sign and a wall sign. 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).
* *Temporary signs within the limits of Virginia Department of Transportation construction
projects may have a sign area of up to forty -eight (48) square feet as provided in section
4.15.4A(c)(2)(c).
(12- 10 -80; 7 -8 -92, § 4.15.12.5; Ord. 01-18(3),5-9-01; Ord. 12-18(2),3-14-12; Ord. 12- 18(5), 9- 12 -12)
State law reference — Va. Code § 15.2 -2280.
Sec. 4.15.13 Regulations applicable in the 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 Planned Development- Shopping Center (PD -SC) and Planned Development -Mixed
Commercial (PD -MC) zoning districts:
Sign Type
Number of Signs Allowed
Sign Area
(Maximum)
Sign Height
(Maximum)
Sign Setback
(Minimum)
Directory
1 or more per establishment,
as authorized by zoning administrator
24 square feet, aggregated
6 feet
5 feet
1 per street frontage, or 2 per entrance, per lot
32 square feet, aggregated,
with 100 or more feet of continuous street
plus bonus tenant panels as
Freestanding
frontage plus 1 per lot if the lot is greater than
provided in section
16 feet
5 feet
4 acres and has more than 1 approved entrance
4.15.16(b); if more than 1
on its frontage
sign at an entrance, no
Draft: 09/17/15
*Each establishment may have both a projecting sign and a wall sign. 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).
* *Temporary signs within the limits of Virginia Department of Transportation construction
projects may have a sign area of up to forty -eight (48) square feet as provided in section
4.15.4A(c)(2)(c).
One (1) sandwich board sign is permitted for each establishment, subject to the requirements of
section 4.15.16(1).
(12- 10 -80; 7 -8 -92, § 4.15.12.6; Ord. 01- 18(3), 5 -9 -01; Ord. 12- 18(2), 3- 14 -12)
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...:
single sign shall exceed 16
Sign Height
Sign Setback
Sign Type
Number of Signs Allowed
square feet
(Maximum)
30 feet, but not to
(Minimum)
Projecting*
1 per street frontage
32 square feet
exceed the top of the
Not applicable
as authorized by zoning administrator
fascia or mansard
1 per street frontage, or 2 per entrance, per
32 square feet, aggregate, plus
12 feet, if freestanding
Temporary **
1 per street
32 square feet
sign; 30 feet if wall
5 feet
Freestanding
frontage per establishment
section 4.15.16(b); if more than 1
sign, but not to exceed
5 feet
greater than 4 acres and has more than 1
sign at an entrance, no single sign
the cornice line
approved entrance on its frontage
1.5 square feet per 1 linear
Same as that
wajj*
As calculated pursuant to section 4.15.20
foot of establishment
Not to exceed the
applicable to
Projecting*
1 per street frontage
structure frontage, not to
cornice line
structure
exceed 200 square feet
fascia or mansard
*Each establishment may have both a projecting sign and a wall sign. 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).
* *Temporary signs within the limits of Virginia Department of Transportation construction
projects may have a sign area of up to forty -eight (48) square feet as provided in section
4.15.4A(c)(2)(c).
One (1) sandwich board sign is permitted for each establishment, subject to the requirements of
section 4.15.16(1).
(12- 10 -80; 7 -8 -92, § 4.15.12.6; Ord. 01- 18(3), 5 -9 -01; Ord. 12- 18(2), 3- 14 -12)
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...:
*Each establishment may have both a projecting sign and a wall sign. 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).
4
Sign Area
Sign Height
Sign Setback
Sign Type
Number of Signs Allowed
(Maximum)
(Maximum)
(Minimum)
Directory
1 or more per establishment,
24 square feet, aggregated
6 feet
5 feet
as authorized by zoning administrator
1 per street frontage, or 2 per entrance, per
32 square feet, aggregate, plus
lot with 100 or more feet of continuous
bonus tenant panels as provided in
Freestanding
street frontage plus 1 per lot if the lot is
section 4.15.16(b); if more than 1
16 feet
5 feet
greater than 4 acres and has more than 1
sign at an entrance, no single sign
approved entrance on its frontage
shall exceed 16 square feet
30 feet, but not to
Projecting*
1 per street frontage
32 square feet
exceed the top of the
5 feet
fascia or mansard
12 feet, if
1 per street
freestanding sign; 30
**
Temporary=
frontage per establishment
32 square feet
feet if wall sign, but
5 feet
not to exceed the
cornice line
1.5 square feet per 1 linear foot of
Not to exceed the
o
Same as that
wajj*
As calculated pursuant to section 4.15.20
establishment structure frontage,
cornice line
applicable to
not to exceed 200 square feet
structure
*Each establishment may have both a projecting sign and a wall sign. 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).
4
Draft: 09/17/15
"Temporary signs within the limits of Virginia Department of Transportation construction
projects may have a sign area of up to forty -eight (48) square feet as provided in section
4.15.4A(c)(2)(c).
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(1).
(12- 10 -80; 7 -8 -92, § 4.15.12.7; Ord. 01-18(3),5-9-01; Ord. 12-18(2),3-14-12)
State law reference — Va. Code § 15.2 -2280.
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
Aye Nay
Mr. Boyd
Ms. Dittmar
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Sheffield
Clerk, Board of County Supervisors