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HomeMy WebLinkAbout3/14/2018 - Planning Commission - Agenda -RegularPlanning Commission Meeting AGENDA Wednesday, March 14, 2018, 7:00 P M Council Chambers, City Hall. 114 North Broad Street, Salem 1.C all to Order 2.C onsent Agenda A.Minutes C onsider approval of the minutes from the January 10, 2018, work session and regular meeting. 3.New Business A.Special Exception P ermit Hold public hearing to consider the request of W. G. Crotts, property owner, for the issuance of a Special Exception Permit to allow an automobile repair business on the property located at 414 8th Street, (Tax Map # 185 - 7 - 3). B.Amendment to the City Code Hold public hearing to consider amending Chapter 106, Article II District Regulations, Section 106-200.2(A)2, Section 106-202.2(A)2, Section 106-204.2(A)2, Section 106-208.2(A)2, (A)3, and B(3), Section 106-213.2(B)2, Section 106-210.2(A)4, Section 106-210.3(B)1 and (E), Section 106- 214.2(A)3 and (B)3, Section 106-216.2(A)3, Section 106-218.2(A)3, (A)5, and (B)3, Section 106- 220.2(A)3, (A)5, and (B)3; Article III Use and Design Standards, Section 106-304.15(A) and Section 106-308; Article IV Development Standards, Section 106-402.25 and Section 106-406.27; and Article VI Definitions and Use Types, Section 106-600 of the C O D E O F T HE C IT Y O F SALEM, VIRG INIA. T hese changes relate to single family dwelling use and design standards, administrative services, Downtown Business District setback requirements, corner lots, drive- through facilities, office use types (use and design standards), and requirements for exterior storage, refuse disposal, etc. C .Amendment to the City Code Hold public hearing to consider amending Chapter 66, Article I In General, Sections 66-5(A) and (B); and Article IV Permitted Signs by Use and District, Sections 66-103(B) and 66-105(A) of the C O D E O F T HE C IT Y O F SALEM, VIRGINIA pertaining to signs. 4.Adjournment Work session will begin at 6 pm, in City Council C hambers. Planni ng Commission Meeting M INUTES Wednesday, January 10, 2018, 7:00 P M C ouncil Chambers, City Hall. 114 North Broad Street, Salem 1.C all to Order A regular meeting of the Planning C ommission of the C ity of Salem, Virginia, was called to order at 7:00 p.m., there being present the following members to wit: Vicki G . Daulton (absent), Denise P. King, Reid A. Garst II, N . J ackson Beamer, Neil L. C onner; with Denise P. King, C hair Pro-Tem presiding; together with J ames E. Taliaferro, Assistant C ity Manager and Executive Secretary; Benjamin W. Tripp, C ity Planner; Mary Ellen Wines, Zoning Administrator; and William C. Maxwell, A ssistant C ity Attorney. J ackson Beamer motioned to appoint Denise P. King as C hair Pro-Tem. Neil C onner seconded the motion. Ayes: C onner, Beamer, Garst, King, A bsent: Daulton 2.C onsent Agenda A.Minutes C onsider approval of the minutes from the November 15, 2017, work session and regular meeting. A pproved as written 3.New Business A.Special E xception P ermit Hold public hearing to consider the request of J ennifer Wiseman, lessee, and Roanoke Investments LLC, property owner, for the issuance of a Special Exception Permit to allow a beauty salon and day spa on the property located at 1200 Electric Road (Tax Map # 230-2-1). T he Executive Secretary reported that notice of such hearing had been published in the D ecember 28, 2017, and J anuary 4, 2018, issues of the Salem Times Register and adjacent property owners were notified by letter mailed December 22, 2017. Staff noted the following regarding the Special Exception Permit request: the subject property consists of a single parcel of approximately 0.4 acres, located at the southeast corner of Electric Road and C ampbell Street, north of the intersection of Electric Road and Indiana Street. T he property is occupied by a two-story office building. T his request is to allow a beauty salon and day spa as a tenant in the office building. A beauty salon and day spa is considered a personal service and requires a special exception permit in RB zoning. C hair Pro-Tem King opened the public hearing and asked if there was anyone present who would like to speak regarding this matter. J ennifer Wiseman of 1630 Braeburn Drive, Salem, lessee, appeared before the C ommission to explain the request. She noted that the business is currently located at the Braeburn Drive address, and the parking at this facility is no longer adequate for their business. In adddition, the owners of the building are trying to sell the property, and they believe it would be best to move to a location that is more suitable for their needs. She further discussed the types of services they provide in the salon and day spa. C ommissioner Beamer asked how many employees will there be at the new location. Ms. Wiseman noted that they are on a booth rental basis, and there will be four who will have a booth. She does not have employees. Eventually she would like to have a receptionist, but she does not know when she will be able to do this. C hair Pro-Tem asked what hours the business would be open. Ms. Wiseman noted that they work different hours, but basically the business would be open from 8 am until 8 pm. C ommissioner Garst asked how many customers would she expect to be there at one time. Ms. Wiseman noted that there would only be four. She further noted that they are not a walk-in salon. T hey are an appointment-only salon. C hair Pro-Tem King asked if there was anyone else to speak regarding this request. T here was no response, and the public hearing was closed. Reid G arst motioned to recommend to the Council of the C ity of Salem that the request of J ennifer Wiseman, lessee, and Roanoke Investments LLC, property owner, for the issuance of a Special Exception Permit to allow a beauty salon and day spa on the property located at 1200 Electric Road (Tax Map # 230-2-1) be approved. Neil C onner seconded the motion. Ayes: Beamer, C onner, Garst, King A bsent: Daulton 4.Adjournment T he meeting was adjourned at 7:06 p.m. CITY OF SALEM ITEM 3A PLANNING COMMISSION STAFF REPORT Prepared by: Meeting Date: City Administrative Staff March 14, 2018 Report prepared: March 5, 2018 RE: Consider the request of W. G. Crotts, property owner, for the issuance of a Special Exception Permit to allow Automobile Repair Services, Major on the property located at 414 8th Street, (Tax Map # 185 - 7 - 3). SITE CHARACTERISTICS: Zoning: HBD Highway Business District Land Use Plan Designation: Commercial Existing Use: Restaurant (Catering) and Vacant Proposed Use: Restaurant (Catering) and Automobile Repair Services, Major BACKGROUND INFORMATION: The subject property consists of a single parcel of approximately 0.2 acres, located at the southwest corner of 8th Street and Delaware Street, east of College Avenue . The property is occupied by a two-story building currently housing a catering business. This request is to allow Automobile Repair Services, Major in a new building on the same parcel. If granted, this new building would be constructed to the east of the existing one and would allow the expansion of business operations from 404 8 th Street, their current location. ISSUES: None. ALTERNATIVES: 1) Recommend approval of the Special Exception Permit to City Council as submitted. 2) Recommend approval of the request with conditions not yet received . 3) Recommend denial of the request. AG - Agriculture District BCD - Business Commerce District CBD - Community Business District CUD - College/University District DBD - Downtown Business District HBD - Highway Business District HBD/HM - Highway Business/Heavy Manufacturing District HBD/LM - Highway Business/Light Manufacturing District HM - Heavy Manufacturing District LM - Light Manufacturing District LM/HM - Light Manufacturing/Heavy Manufacturing District MHP - Manufactured Home Park District PUD - Planned Unit District RB - Residential Business District RMF - Residential Multi-Family District RMF/RB - Residential Multi-Family/Residential Business District RSF - Residential Single Family District RSF/HBD - Residential Single/Highway Business District RSF/LM - Residential Single Family/Light Manufacturing RSF/RB - Residential Single Family/Residential Business District RSF/RMF - Residential Single Family/Residential Multi-Family District RSF/TBD - Residential Single Family/Transitional Business District TBD - Transitional Business District EXISTING ZONING FUTURE LAND USE F l o r i d a S t r e e t S o u t h C o l l e g e A v e n u e 7 t h S t r e e t T e n n e s s e e S t r e e t D e l a w a r e S t r e e t 8 t h S t r e e t 9 t h S t r e e t F l o r i d a S t r e e t D e l a w a r e S t r e e t T e n n e s s e e S t r e e t 9 t h S t r e e t S o u t h C o l l e g e A v e n u e E a s t , P B 1 2 , P G 4 S m i t h , P B 9 , P G 9 5 B o y d , P B 1 0 , P G 1 C r o t t s , P B 1 0 , P G 2 0 H i g h b e r g e r , P B 1 1 , P G 2 9 P r i l l a m a n & C r o t t s , P B 1 2 , P G 8 7 P i l l e , P B 9 , P G 1 9 G a r d n e r , P B 9 , P G 9 S n a v e l y , P B 7 , P G 8 4 N u n n a l l y S u b d . , P B 4 , P G 8 S .I . C o m p a n y , P B 1 , P G 2 2 1 /2 (R C ) S .I . C o m p a n y , P B 1 , P G 2 2 1 /2 (R C )S .I . C o m p a n y , P B 1 , P G 2 2 1 /2 (R C ) S .I . C o m p a n y , P B 1 , P G 2 2 1 /2 (R C ) S . I . 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0 . 0 0 7 5 . 0 0 1 0 0 . 0 0 1 5 0 .0 0 1 5 0 .0 0 1 5 0 .0 0 1 5 0 .0 0 1 5 0 .0 0 1 5 0 .0 0 1 5 0 .0 0 1 5 0 .0 0 1 5 0 .0 0 1 5 0 .0 0 1 0 0 . 0 0 5 0 . 0 0 5 0 . 0 0 5 0 . 0 0 5 0 . 0 0 5 0 . 0 0 1 5 0 .0 0 1 5 0 .0 0 1 5 0 .0 0 1 5 0 .0 0 78 11 7 8 9 1 1 2 3 5 6 2 10 2 1 0 2 1 1 0 0 6 4 1 1 4 1 5 4 2 3 9 1 7 9 2 3 - 9 3 3 3 1 5 -3 1 99 2 8 9 1 8 - 9 2 0 - 9 2 2 9 0 4 A & B 9 0 6 - 9 0 8 9 0 2 8 1 7 8 2 1 8 2 3 8 2 5 1 0 3 1 9 1 3 3 1 9 5 0 3 3 1 5 5 0 7 -5 0 9 4 0 4 4 1 4 1 0 1 7 1 0 2 2 - 1 0 2 4 - 1 0 2 6 3 0 0 1 0 0 9 1 0 2 3 3 1 1 9 1 0 - 9 1 2 9 1 4 - 9 1 6 9 0 5 9 0 7 1 0 1 8 1 0 1 6 - 1 0 2 0 - 1 0 2 4 1 0 1 2 1 0 0 9 1 0 1 5 1 0 2 3 1 0 3 1 5 0 2 1 0 0 0 1 0 0 6 1 0 1 2 1 0 1 6 1 0 2 0 1 0 1 7 - 1 0 1 9 - 1 0 2 1 1 0 1 3 1 0 0 9 1 0 0 1 9 0 6 9 1 0 - 9 1 2 - 9 1 4 - 9 1 6 9 1 8 - 9 2 0 9 2 2 9 2 9 9 2 5 9 2 1 9 1 7 9 1 3 9 0 5 4 0 1 4 1 3 9 0 1 9 0 9 9 1 5 9 2 3 9 2 2 9 1 6 9 1 4 9 1 0 9 0 4 9 0 0 5 0 1 5 1 5 - 5 1 7 9 1 2 - 9 1 4 9 1 8 9 2 6 6 1 4 - 6 1 8 8 2 0 8 2 2 - 8 2 4 8 2 6 8 3 0 4 2 3 1 1 0 2 1 1 1 9 1 1 1 3 1 1 0 9 1 1 0 5 1 1 0 3 4 3 2 4 1 4 1 1 0 4 1 1 0 8 1 1 1 4 1 1 2 3 - 1 1 2 7 1 1 1 3 1 1 0 9 5 1 4 1 1 0 8 1 1 1 2 1 1 1 6 1 1 2 0 6 0 0 4 1 9 0.172 Ac.0.172 Ac. 0.430 Ac. 0.172 Ac. 0.430 Ac. 0.172 Ac. 0.301 Ac. 1.377 Ac.(c)0.138 Ac. 0.206 Ac. 0.215 Ac. 0.258 Ac. 0.172 Ac.0.172 Ac. 0 120 24060 Feet±1 inch = 125 feet MARCH 2018 PLANNING COMMISSION414 8th Street CITY OF SALEM Community Development DepartmentP.O. Box 869Salem, Virginia 24153-0869Phone: (540) 375-3032 Tax Parcel 185-7-3 Buildings Parcels City Limits Commercial Downtown Economic Development Area Industrial Institutional Mixed Use Public Parks and Recreational Residential Transitional Tax Parcel 185-7-3 Buildings Parcels City Limits CITY OF SALEM ITEM 3B PLANNING COMMISSION STAFF REPORT Prepared by: Meeting Date: City Administrative Staff March 14, 2018 Report prepared: March 5, 2018 RE: Hold public hearing to consider amending Chapter 106, Article II District Regulations, Section 106-200.2(A)2, Section 106-202.2(A)2, Section 106-204.2(A)2, Section 106-208.2(A)2, (A)3, and B(3), Section 106-213.2(B)2, Section 106-210.2(A)4, Section 106-210.3(B)1 and (E), Section 106-214.2(A)3 and (B)3, Section 106-216.2(A)3, Section 106-218.2(A)3, (A)5, and (B)3, Section 106-220.2(A)3, (A)5, and (B)3; Article III Use and Design Standards, Section 106 -304.15(A) and Section 106-308; Article IV Development Standards, Section 106 -402.25 and Section 106-406.27; and Article VI Definitions and Use Types, Section 106 -600 of the CODE OF T HE CIT Y OF SALEM, VIRGINIA. BACKGROUND INFORMATION: These changes relate to single family dwelling use and design standards, administrative services, Downtown Business District setback requirements, corner lots, drive-through facilities, office use types (use and design standards), automotive repair services major use and design standards, requirements for exterior storage, and refuse disposal, and modular housing and permanent foundation definitions. Chapter 106 – ZONING ARTICLE II. – DISTRICT REGULATIONS Sec. 106-200. – AG – Agriculture district. Sec. 106-200.2. - Permitted uses. (A) The following uses are permitted by right in the AG Agricultural District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in article III, use and design standards. 2. Residential Use Types Home Occupation * Manufactured Home, Emergency * Residential Human Care Facility Single Family Dwelling, Detached * Sec. 106-202. – RSF – Residential single family district. Sec. 106-202.2. - Permitted uses. (A) The following uses are permitted by right in the RSF Residential Single Family District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in article III, use and design standards. 2. Residential Use Types Home Occupation * Manufactured Home, Emergency * Residential Human Care Facility Single Family Dwelling, Detached * Temporary Family Health Care Structure * Sec. 106-204. – RMF – Residential multi-family district. Sec. 106-204.2. - Permitted uses. (A) The following uses are permitted by right in the RMF Residential Multi-Family District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article III, Use and Design Standards 2. Residential Use Types Accessory Apartment * Home Occupation * Manufactured Home, Emergency * Multi-Family Dwelling * Residential Human Care Facility Single Family Dwelling, Detached * Townhouse * Sec. 106-208. – RB – Residential business district. Sec. 106-208.2. - Permitted uses. (A) The following uses are permitted by right in the RB Residential Business District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article III, Use and Design Standards. 2. Residential Use Types Accessory Apartment * Home Occupation * Manufactured Home, Emergency * Residential Human Care Facility Single Family Dwelling, Detached * Townhouse * 3. Civic Use Types Administrative Services Cultural Services Public Parks and Recreation Areas Religious Assembly (B) The following uses are permitted by special exception in the RB Residential District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article III, Use and Design Standards. 3. Civic Use Types Administrative Services Educational Facilities—Primary/Secondary Sec. 106-210. - DBD—Downtown business district. Sec. 106-210.2. - Permitted uses. (A) The following uses are permitted by right in the DBD Downtown Business District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in article III, use and design standards. 4. Office Use Types Financial Institutions* General Offices* Laboratories* Medical Offices/Clinics* Sec. 106-210.3. - Site development regulations. The following are general development standards for the DBD Downtown Business District. For additional, modified or more stringent standards see article III, use and design standards. (B) Minimum and Maximum Setback Requirements. 1. Principal Structure: Front Yard: Maximum of Zzero; exception: Maximum of 20 feet if for outdoor patio-style dining. Front yard shall only be used for patio-style outdoor dining. No front yard shall be used for any parking area or otherwise designed or devoted to any vehicle use. Side Yard: No Minimum. Rear Yard: No Minimum. Corner Lots: The setback of the side street shall have a maximum of zero; exception: Maximum of 20 feet if for outdoor patio-style dining. (E) Other Requirements. Drive-through facilities in which a person, who remains in a motor vehicle, conducts business or exchanges through a window or exterior opening in a structure are prohibited. Sec. 106-213. – CBD – Community business district. Sec. 106-213.2. – Permitted uses. (B) The following uses are permitted by special exception in the CBD Community Business District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in article III, use and design standards. 2. Residential Use Types Family Day Care Home * Residential Human Care Facility Single Family Dwelling, Attached Single Family Dwelling, Detached * Townhouse * Sec. 106-214. – HBD – Highway business district. Sec. 106-214.2. - Permitted uses. (A) The following uses are permitted by right in the HBD Highway Business District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in article III, use and design standards. 3. Civic Use Types Administrative Services Assisted Care Residence Clubs Cultural Services Guidance Services Life Care Facility Nursing Home Park and Ride Facility Post Office Public Assembly Public Maintenance and Service Facilities Public Parks and Recreation Areas Religious Assembly Safety Services (B) The following uses are permitted by special exception in the HBD Highway Business District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in article III, use and design standards. 3. Civic Use Types Administrative Services Cemetery * Correction Facilities Crises Center Educational Facilities, Primary/Secondary Halfway House Sec. 106-216. – BCD – Business commerce district. Sec. 106-216.2. - Permitted uses. (A) The following uses are permitted by right in the BCD Business Commerce District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in article III, use and design standards. 3. Civic Use Types Administrative Services Cultural Services Guidance Services Post Office Public Parks and Recreation Areas Safety Services Sec. 106-218. – LM – Light manufacturing district. Sec. 106-218.2. - Permitted uses. (A) The following uses are permitted by right in the LM Light Manufacturing District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in article III, use and design standards. 3. Civic Use Types Administrative Services Public Maintenance and Service Facilities Public Parks and Recreation Areas Safety Services 5. Commercial Use Types Agricultural Services Automotive Repair Services, Major * Business Support Services Day Care Center * Equipment Sales and Rental Laundry Manufactured Home Sales * Personal Storage * Truck Stop (B) The following uses are permitted by special exception in the LM Light Manufacturing District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in article III, use and design standards. 3. Civic Use Types (None) Administrative Services Sec. 106-220. – HM – Heavy manufacturing district. Sec. 106-220.2. - Permitted uses. (A) The following uses are permitted by right in the HM Heavy Manufacturing District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in article III, use and design standards. 3. Civic Use Types Administrative Services Public Maintenance and Service Facilities Public Parks and Recreation Areas Safety Services 5. Commercial Use Types Automotive Repair Services, Major * Business Support Services Day Care Center * Equipment Sales and Rental Laundry Manufactured Home Sales * Personal Storage * Transportation Terminal Truck Stop (B) The following uses are permitted by special exception in the HM Heavy Manufacturing District, subject to all other applicable requirements contained in this chapter. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in article III, use and design standards. 3. Civic Use Types (None) Administrative Services ARTICLE III. – USE AND DESIGN STANDARDS Sec. 106-304. – Residential uses. Sec. 106-304.15. - Single family dwelling, detached. (A) Single family dwellings shall contain a minimum of 600 square feet. (B) Standards in DBD and TBD Districts: 1. Single family dwellings shall be allowed only in the same structure as an office or commercial use type. 2. The office or commercial use type must occupy at least 50 percent of the gross floor area of the structure. 3. Single family dwellings on the first floor shall be permitted provided that no such units shall have frontage on Main Street, Broad Street, Market Street, Academy Street, Union Street, or College Avenue. Sec. 106-308. - Office uses. Standards in the DBD District for Office Use Types: 1. Office Use Types shall be permitted only on floors above the ground floor and in the same structure as a commercial use type for parcels fronting (a)Main Street between Thompson Memorial Drive and Academy Street; (b)College Avenue between Clay Street and Thompson Memorial Drive; and (c)North Market Street. 2. Commercial Use Types must occupy at least the first floor of the structure, and should be configured to be pedestrian friendly. ARTICLE IV. – DEVELOPMENT STANDARDS Sec. 106-402. – Buffer yards, screening and landscaping. Sec. 106-406. – Miscellaneous provisions. Sec. 106-402.25 406.27. - Additional requirements for exterior storage, refuse disposal, etc. (A) Any exterior area used for storage, service, maintenance, repair, processing, manufacturing, fabrication, salvage, refuse disposal, or other similar use that is visible from a public street right-of-way, shall be screened with a buffer yard, screening and plantings meeting Type A standards listed in this section 106-402, and shall be provided in a manner which screens the use from view. Any area so used shall also be similarly screened from view of adjoining residences and business. ARTICLE VI. – DEFINITIONS AND USE TYPES Sec. 106-600. - Definitions. (C) The words and terms listed below shall have the following meanings: Modular home. A dwelling unit constructed on-site in accordance with the Virginia One and Two Family Dwelling Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. A dwelling unit manufactured off-site and transported to the building site for final assembly on a permanent foundation. Such units shall be comprised of a combination of one or more sections or modules, as more fully defined in Title 36 of the 1950 Code of Virginia, as amended, and incorporated herein by reference, including the necessary electrical, plumbing, heating, ventilating and other service systems. Such units may also be known as industrialized buildings. Permanent foundation. For the purposes of a modular home, a permanent foundation shall consist of a continuous solid or fully grouted masonry or concrete footing that shall fully support the exterior walls. A crawlspace, slab on grade, and basement foundations shall be considered permanent foundations. Pier and ground anchor support systems shall not be considered a permanent foundation. CITY OF SALEM ITEM 3C PLANNING COMMISSION STAFF REPORT Prepared by: Meeting Date: City Administrative Staff March 14, 2018 Report prepared: March 5, 2018 RE: Hold public hearing to consider amending Chapter 66, Article I In General, Sections 66-5(A) and (B); and Article IV Permitted Signs by Use and District, Sections 66-103(B) and 66-105(A) of the CODE OF THE CITY OF SALEM, VIRGINIA BACKGROUND INFORMATION: These changes include updates to various sections of the Sign Ordinance relating to enforcement, nonconforming signs, corner lot street frontage calculations and calculations for multi-tenant buildings Page 1 Chapter 66 Chapter 66 Chapter 66 Chapter 66 ---- SIGNSSIGNSSIGNSSIGNS ARTICLE I. ARTICLE I. ARTICLE I. ARTICLE I. ---- IN GENERALIN GENERALIN GENERALIN GENERAL Sec. 66Sec. 66Sec. 66Sec. 66----5555. . . . ---- Unsafe signs and signs, maintained in violation of chapter. Unsafe signs and signs, maintained in violation of chapter. Unsafe signs and signs, maintained in violation of chapter. Unsafe signs and signs, maintained in violation of chapter. A. Unsafe signs and signs in violation of this chapter. If the City Manager or his designee shall find that any sign regulated under this chapter is unsafe or insecure, or is a hazard to the public, or has been constructed or erected or is being maintained in violation of the provisions of this chapter, he shall give written notice to the permittee, lessee, operator or owner thereof. If the permittee, lessee, operator or owner fails to remove or alter the sign so as to comply with the standards set forth in this chapter within fifteen days after such notice, such sign may be removed or altered by the City Manager or his designee at the expense of the permittee, lessee, operator or owner of the property upon which it is located, so as to comply with such standards. The City Manager or his designee shall refuse to issue any other or further permit to any permittee, lessee, operator or owner who refuses to pay costs so assessed. The City Manager or his designee may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice. Portable and temporary signs maintained in violation of the provisions of this chapter shall be governed by section 66-105. Any sign which constitutes a nuisance may be abated by the City under the requirements of Sections 15.2-900, 15.2-906, and/or 15.2-1115 of the Code of Virginia. B.B.B.B. Signs in violation of this chapterSigns in violation of this chapterSigns in violation of this chapterSigns in violation of this chapter ---- Penalty and enforcement.Penalty and enforcement.Penalty and enforcement.Penalty and enforcement. a.a.a.a. Any violation of the requirements of this Chapter shall be unlawful and any person Any violation of the requirements of this Chapter shall be unlawful and any person Any violation of the requirements of this Chapter shall be unlawful and any person Any violation of the requirements of this Chapter shall be unlawful and any person convicted of such violation shall be guilty of a misdemeanor punishable by a fine of not convicted of such violation shall be guilty of a misdemeanor punishable by a fine of not convicted of such violation shall be guilty of a misdemeanor punishable by a fine of not convicted of such violation shall be guilty of a misdemeanor punishable by a fine of not less than ten dollars ($10) nor more than one thousand dollars ($1,000)less than ten dollars ($10) nor more than one thousand dollars ($1,000)less than ten dollars ($10) nor more than one thousand dollars ($1,000)less than ten dollars ($10) nor more than one thousand dollars ($1,000).... b.b.b.b. In lieu of In lieu of In lieu of In lieu of criminal prosecution for violationcriminal prosecution for violationcriminal prosecution for violationcriminal prosecution for violationssss of any provision of this chapter, the city may of any provision of this chapter, the city may of any provision of this chapter, the city may of any provision of this chapter, the city may impose a civil penalty against any person who violates any provision of this chapter as impose a civil penalty against any person who violates any provision of this chapter as impose a civil penalty against any person who violates any provision of this chapter as impose a civil penalty against any person who violates any provision of this chapter as follows:follows:follows:follows: i.i.i.i. For the first offense, violators shall receive a For the first offense, violators shall receive a For the first offense, violators shall receive a For the first offense, violators shall receive a writtenwrittenwrittenwritten warning by warning by warning by warning by the Citythe Citythe Citythe City Manager Manager Manager Manager or his designeeor his designeeor his designeeor his designee. . . . ii.ii.ii.ii. For the second offense, For the second offense, For the second offense, For the second offense, the the the the violatorviolatorviolatorviolatorssss shall be fined $50.00, by written notice. shall be fined $50.00, by written notice. shall be fined $50.00, by written notice. shall be fined $50.00, by written notice. iii.iii.iii.iii. For the third and each subsequent offense, violators shall be fined $100.00 per For the third and each subsequent offense, violators shall be fined $100.00 per For the third and each subsequent offense, violators shall be fined $100.00 per For the third and each subsequent offense, violators shall be fined $100.00 per sign per daysign per daysign per daysign per day the violation remainsthe violation remainsthe violation remainsthe violation remains, the fine to be imposed by , the fine to be imposed by , the fine to be imposed by , the fine to be imposed by written noticewritten noticewritten noticewritten notice and and and and the sign may be removed by the City Manager or his designee. the sign may be removed by the City Manager or his designee. the sign may be removed by the City Manager or his designee. the sign may be removed by the City Manager or his designee. iv.iv.iv.iv. FinesFinesFinesFines shall be chargeable to the owner of the sign or premises and may be collected as taxes and levies are collected. v.v.v.v. Should the City have cause to remove the sign all costsShould the City have cause to remove the sign all costsShould the City have cause to remove the sign all costsShould the City have cause to remove the sign all costs incurred shall be incurred shall be incurred shall be incurred shall be chargeable to the owner of the sign or premises and may be collected as taxes and chargeable to the owner of the sign or premises and may be collected as taxes and chargeable to the owner of the sign or premises and may be collected as taxes and chargeable to the owner of the sign or premises and may be collected as taxes and levies are collected.levies are collected.levies are collected.levies are collected. vi. Every cost authorized by this section with which the owner of the premises shall have been assessed shall constitute a lien against the property from which the sign was removed, the lien to continue until actual payment of such cost shall have been made. Sec. 66Sec. 66Sec. 66Sec. 66----7 Nonconforming7 Nonconforming7 Nonconforming7 Nonconforming SignsSignsSignsSigns B. All permanent signs and sign structures shall be brought into conformance with the sign regulations when and if the following occurs: 1. The sign is removed, relocated, or significantly altered. Significant alterations include changes in the Page 2 height, size or dimension of the sign. Changes to the sign copy or the replacement of a sign face on a nonconforming sign shall not be considered a significant alteration. Moving a window sign to Moving a window sign to Moving a window sign to Moving a window sign to another location within or to another window shall be considered a relocated sign.another location within or to another window shall be considered a relocated sign.another location within or to another window shall be considered a relocated sign.another location within or to another window shall be considered a relocated sign. ARTICLE IV. ARTICLE IV. ARTICLE IV. ARTICLE IV. ---- PERMITTED SIGNS BY USE AND DISTRICTPERMITTED SIGNS BY USE AND DISTRICTPERMITTED SIGNS BY USE AND DISTRICTPERMITTED SIGNS BY USE AND DISTRICT Sec. 66Sec. 66Sec. 66Sec. 66----103103103103. . . . ---- TTTTotalotalotalotal AAAAllowablellowablellowablellowable SSSSignageignageignageignage forforforfor AAAAllllllll SSSSignsignsignsigns A. Districts: The following table depicts the total allowable area of signs per district. The districts are as follows: B. For purposes of this section, “principal street frontageprincipal street frontageprincipal street frontageprincipal street frontage” shall be based upon the street toward which the building faces. Where a building faces more than one street or does not clearly face any street, principal street frontage shall be that frontage along the street which provides major access to the business or the frontage to which the main entrance faces. For corner lots, For corner lots, For corner lots, For corner lots, half the distance of the curve, measured from half the distance of the curve, measured from half the distance of the curve, measured from half the distance of the curve, measured from the point of curvature to the midpoint, shall be added to each frontage.the point of curvature to the midpoint, shall be added to each frontage.the point of curvature to the midpoint, shall be added to each frontage.the point of curvature to the midpoint, shall be added to each frontage. Sec. 66Sec. 66Sec. 66Sec. 66----105105105105. . . . –––– Permitted Signs.Permitted Signs.Permitted Signs.Permitted Signs. A. Permitted Signs by Type.Permitted Signs by Type.Permitted Signs by Type.Permitted Signs by Type. Wall Sign, GasWall Sign, GasWall Sign, GasWall Sign, Gas StaStaStaStation Canopy Sign, Mansard Sign,tion Canopy Sign, Mansard Sign,tion Canopy Sign, Mansard Sign,tion Canopy Sign, Mansard Sign, Skeleton SignSkeleton SignSkeleton SignSkeleton Sign, Channel Letter Sign, Channel Letter Sign, Channel Letter Sign, Channel Letter Sign:::: No wall sign, skeleton sign or mansard sign shall cover wholly or partially any opening nor project beyond the ends of the structure to which it is attached. No wall sign or skeleton sign shall project above the wall to which it is attached. No mansard sign or skeleton sign shall project above the ridge line of the immediate mansard roof plane to which it is attached. No wall sign, skeleton sign or mansard sign shall extend more than 18 inches beyond the building line and shall not be attached to a structure at a height of less than nine feet above the sidewalk or ground. AG RSF, COL RMF, RB, PUD MHP TBD, DBD**** CUD, CBD, HBD, BCD, LM, HM Maximum 24 Square Feet Religious, Charitable, Institutional, recreational, and other public/semipublic uses up to 24 Square Feet One per business. Maximum of 6 Square Feet per frontage. Religious, Charitable, Institutional, recreational, and other public/semipublic uses up to 24 Square Feet Maximum 15 Square Feet For commercial or industrial uses one sign allowed. Additional frontage may have additional signage. If frontage is less than 75' sign shall not exceed 24 square feet. Frontage 75 to less than 150 feet sign shall not exceed 100 square feet. Frontage 150 feet or greater sign shall not exceed 150 square feet. Sign may contain more than one sign not to exceed the maximum allowable size. *See Sec. 106*See Sec. 106*See Sec. 106*See Sec. 106----105 (C) 105 (C) 105 (C) 105 (C) Additional StandardsAdditional StandardsAdditional StandardsAdditional Standards For commercial or industrial uses one sign allowed. Additional frontage may have additional signage. If frontage is less than 75' sign shall not exceed 24 square feet. Frontage 75 to less than 150 feet sign shall not exceed 100 square feet. Frontage 150 feet or greater sign shall not exceed 150 square feet. Sign may contain more than one sign not to exceed the maximum allowable size. FOR MULTIFOR MULTIFOR MULTIFOR MULTI----UNIT UNIT UNIT UNIT BUILDINGS: Wall BUILDINGS: Wall BUILDINGS: Wall BUILDINGS: Wall Signs shall be based Signs shall be based Signs shall be based Signs shall be based on unit frontage at a 1 on unit frontage at a 1 on unit frontage at a 1 on unit frontage at a 1 square foot per 1 square foot per 1 square foot per 1 square foot per 1 linear foot ratiolinear foot ratiolinear foot ratiolinear foot ratio