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HomeMy WebLinkAbout2021-23Ordinance 2021-23 Ordinance Approving a Zoning Amendment Adding Temporary Sign Requirements WHEREAS, a determination was made that a study of requirements for temporary signs within the Town of Pulaski were necessary to further the best interests of the community and to bring the Town's zoning regulations and ordinances into conformity with currently accepted zoning practices, statutory laws and court rulings from the state and national governments; and, WHEREAS, following a review of the zoning amendment, the Planning Commission conducted a duly noticed public hearing on August 9, 2021, and issued Planning Commission Resolution 2021-04ZA, attached hereto and expressly made part of this ordinance as if set forth herein, finding that the public necessity, convenience, general welfare and good zoning practices permitted adding temporary sign requirements to the Zoning Ordinance; and, WHEREAS the Town Council conducted a duly noticed public hearing on September 7, 2021 wherein the comments of the public were heard and the recommendation of the Planning Commission, as stated in Planning Commission Resolution 2021-04ZA, was considered; NOW THEREFORE BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session this 7th day of September 2021, that Section 5.4 of the Zoning Ordinance shall be amended by adding Section 5.4.10-2 as shown in Attachment A -Ordinance 2021-22. This ordinance is effective upon adoption and is hereby adopted this 7th day of September 2021 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: Lane R. Penn Brooks R. Dawson Gregory C. East ATTEST: David N. Quesenberry Clerk of Council -Aye James A. Radcliffe -Aye -Aye G. Tyler Clontz -Aye -Aye Michael P. Reis -Aye THE TOWN OF PULASKI, VIRGINIA BY: 4V W. Shannon Collins Mayor 0& RESOLUTION 2021-04ZA PULASKI TOWN OF PULASKI PLANNING COMMISSION 2 Zoning Amendment WHEREAS the Town of Pulaski Planning Commission, acting upon a request by the Town of Pulaski Town Council to study a staff proposed amendment to Section 5.4 Signs of the Zoning Ordinance, adding Section 5.4.10-2, Temporary Signage Requirements, has found following a duly advertised public hearing that the public necessity, convenience, general welfare, and good zoning practices does not permit) the zoning amendment request. THEREFORE, LET IT BE RESOLVED that the Town of Pulaski Planning Commission (ecommer9d / de" that the Pulaski Town Council approve the zoning amendment to Section 5.4.10-2, Temporary Signage Requirements to Section 5.4, Signs of the Zoning Ordinance. Dated this 9' Day of August 2021. Janet Jonas, Vice -Chairperson Town of Pulaski Planning Commission The above resolution was adopted on motion by Luke Seigfried seconded by Terry Hale at a meeting of the Planning Commission following a duly advertised public hearing on the above request on August 9, 2021. Upon a roll call vote on the foregoing resolution, the Planning Commission members present throughout all deliberations on the foregoing and voting or abstaining, stood as indicated opposite their names as follows: MEMBERS AYES NAYS ABSTAIN ABSENT Tracy Belcher x Christopher Conner x Terry Hale, Sr. x Luke Seigfried x Janet Jonas, Vice -Chair x Kevin Meyer, Chairman x Janet Jo s, Vice -Chairperson 4ta4dvDe I, Secretary Sec 5.4.10-2: Temporary Sign Requirements Zoning Land Use A -Frame/ Portable Signs Banner Signs Feather Signs Flag Signs Inflatable Signs Pennants Yard Signs Temporary Other limitations/Requirements Districts Sandwich (on wheels or Development Sign Signs temporary stand) Single Family Not permitted Not permitted i'Maximum area i. Maximum I. Maximum area I. Maximum area I. Maximum area I. Maximum area i. Maximum Sign I. A permit may be granted for banners, feather, and Two (per banner sign): area (per (per Flag sign): 8 (per inflatable (per Pennant (per yard sign): 8 sq. area: 32 sq. ft. Inflatable, flag, pennants and inflatable signs for no Family 8 sq. ft. feather sign):8 sq. ft. sign):8 sq. ft. sign):8 sq. ft. ft. with a combined ii. Maximum more than 14 calendar days in any three-month period Dwellings ii. Maximum sq. ft. ii. Maximum ii. Maximum ii. Maximum total of 18 sq. ft. number: l per ii. A number. l per ii. Maximum number: l per number: 1 per number:1 per ii. Maximum subdivision. permit for a yard sign shall not exceed the duration of dwelling unit. number: 1 per dwelling unit. dwelling unit. dwelling unit. number: 3 per ill. Maximum Height: sixty (60) calendar days. M. ill. Maximum dwelling unit. ill. Maximum ill. Maximum ill. Maximum dwelling unit. 8feet . The Temporary Subdivision Development Sign shall be Height: 8 feet. ill. Maximum Height:8 feet. Height:8 feet. Height:8 feet. iii. Maximum Height: iv. Setback:5 feet removed by subdivider when eighty (80) percent of the iv. Setback: 5 feet Height: 8 feet. iv. Setback: 5 feet iv. Setback: 5 feet iv. Setback: 5 feet 8 feet . from property line lots in said subdivision are sold and shall not be from property line iv. Setback: 5 from property from property line from property iv. Setback: 5 feet for properties not illuminated. for properties not feet from line for for properties not line for properties from property line adjacent to iv. No Temporary Development sign shall be located adjacent to property line properties not adjacent to not adjacent to for properties not intersection. 10 ft closer than fifteen (15) feet from any other such sign. intersection. 10 ft for properties adjacent to intersection. 10 ft intersection. 10 ft adjacent to (or adequate setback (or adequate not adjacent to intersection. 30 ft (or adequate (or adequate intersection. 10 ft (or for sight distance) setback for sight Intersection. (or adequate setback for sight setback for sight adequate setback for for properties distance) for 30 ft (or setback for sight distance) for distance) for sight distance) for adjacent to properties adequate distance)for properties properties properties adjacent intersections. adjacent to setback for properties adjacent to adjacent to to intersections. intersections. sight distance) adjacent to intersections. intersections. for properties Intersections. adjacent to Intersections. RR, R-1, R- 2, R-3, R-4, RMH-1, i. Maximum area L Maximum I. Maximum area I. Maximum area I. Maximum area i. Maximum area i. Maximum Sign I. A permit may be granted for banners, feather, MHP and (Per banner area (per (Per Flag sign): 24 (per inflatable (Per Pennant (Per yard sign): 24 area: 32 s9� ft. inflatable, flag, pennants and inflatable signs for no RO sign):24 sq. ft. feather sign): sq. ft. sign): 24 sq. ft. sign): 24 sq. ft. sq. ft. with a ii. Maximum more than 14 calendar days in any three-month ii. Maximum 24 sq. ft. ii. Maximum ii. Maximum ii. Maximum combined total of 72 number: l per lot. period. number: l Per ii. Maximum number: 1 per number: 1 per number: 1 per sq. ft. ill. Maximum Height: ii. A permit for a yard sign shall not exceed the multifamily number:1 per multifamily multifamily multifamily ii. Maximum 8feet. duration of sixty (60) calendar days. development or multifamily development or development or development or number:3 per iv. Setback:5 feet III. The Temporary Subdivision Development Sign shall OR 1 per 100 feet development OR 1 per 100 feet OR 1 per 100 feet OR 1 per 100 feet multifamily from property line be removed by subdivider when eighty (80) percent of of frontage. or OR 1 per of frontage. of frontage. of frontage. development. for properties not the lots in said subdivision are sold and shall not be ill. Maximum 100 feet of ill. Maximum ill. Maximum ill. Maximum ill. Maximum Height: adjacent to illuminated. Height: 10 feet. frontage. Height: 10 feet. Height: 10 feet. Height: 10 feet. 10 feet. intersection. 30 ft iv. No Temporary Development sign shall be located iv. Setback:5 feet Iii. Maximum iv. Setback:5 feet iv. Setback:5 feet iv. Setback:5 feet iv. Setback:5 feet (or adequate setback closer than fifteen (15) feet from any other such sign. from property line Height: 10 feet. from property from property line from property from property line for sight distance) Multifamily Not permitted Not permitted for properties not iv. Setback: 5 line for properties for properties not line for properties for properties not for properties adjacent to feet from not adjacent to adjacent to not adjacent to adjacent to adjacent to intersection. 10 ft property line intersection. 10 ft intersection. 10 ft intersection. 10 ft intersection. 10 ft (or intersections. (or adequate for properties (or adequate (or adequate (or adequate adequate setback for setback for sight not adjacent to setback for sight setback for sight setback for sight sight distance) for distance)for Intersection. distance)for distance)for distance)for properties adjacent properties loft (or properties properties properties to intersections. adjacent to adequate adjacent to adjacent to adjacent to Intersections. setback for intersections. intersections. Intersections. sight distance) for properties adjacent to intersections. M N 1 r N Q N d V C M L O 1 a C d E a Zoning Districts land Use A-Frame/ Sandwich Portable Signs (on wheels or temporary stand) Banner Sign Feather5ign Flag Sign Inflatable Sign Pennants Yard Signs Temporary Development Sign Other Limitations/Requirements I. Maximum I. Maximum I. Maximum Sign I. Maximum I. Maximum Sign 1. Maximum Sign I. Maximum Sign I. Maximum Sign I. Maximum Sign I. A-Frame and Sandwich signs shall be removed at Sign area: 24 Sign area: 24 area (per banner): Sign area (per area (per flag area (per area (per pennant area (per yard sign): area: 32 sq. ft. the close of each business day and in the event of an square feet square feet. 24 square feet. feather sign): sign): 24 square Inflatable sign): 24 sign): 24 square 24 square ft. with ii. Maximum emergency or impending natural disaster. Ii. Maximum ii. Maximum ii. Maximum 24 square feet. feet. square feet. feet. combined total of 72 number: 1 per lot. ii. Portable signs shall only be allowed for a maximum number: 1 per number: l per number. 1 per use ii. Maximum ii. Maximum ii. Maximum ii. Maximum square feet. iii. Maximum Height: of thirty (30) days. business or use. lot OR 1 per 100 feet number:I per number:1 per number: l per use number: l per ii. Maximum 8feet. iii. Portable signs shall not be placed in parking spaces, iii.Maximum iii.Maximum of frontage. use OR 1 per use OR 1 per 100 OR 1 per 100 feet use OR 1 per 100 number: 3 per lot. iv. Setback: 5 feet vehicular accessway and sidewalks. Height: 4 feet. Height: 10 feet. iii. Maximum 100 feet of feet of frontage. of frontage. feet of frontage. iii. Maximum Height: from front property iv. A permit may be granted for banners, feather, Iv. Setback:5 ft. iv. Setback:5 Height: 30 feet. frontage. iii. Maximum ill. Maximum III. Maximum 30 feet. line for properties Inflatable, flag, pennants, yard and Inflatable signs for from property feet from Iv. Setback: 5 feet Iii. Maximum Height: 30 feet. Height: 10 feet. Height: 30 feet. iv. Setback: 5 feet not adjacent to no more than 14 calendar days in any three-month line for property line for from property line Height: 10 feet. iv. Setback:5 feet iv. Setback:5 feet iv. Setback:5 feet from property line Intersection. 10 ft period. RR, R-1, R- properties not properties not for properties not iv. Setback: 5 from property from property line from property for properties not (or adequate setback v. Setbacks and height of temporary sign may be 2, R-3, R-4, Non- adjacent to adjacent to adjacent to feet from line for properties for properties not line for adjacent to for sight distance) required to be less than maximum allowable to take RMH-1, Residential intersection. 10 intersection. 10 intersection. 10 ft property line not adjacent to adjacent to properties not intersection. 10 ft (or for properties into consideration adjacent utilities lines and poles. MHP and Uses ft(oradequate ft (or adequate (or adequate for properties intersection. loft intersection. loft adjacent to adequate setback for adjacent to vi. No Portable/Yard/Temporary Development sign RO setback for sight setback for sight setback for sight not adjacent to (or adequate (or adequate intersection. 10 ft sight distance) for intersections. shall be located closer than fifteen (15) feet from any distance)for distance)for distance)for intersection. setback for sight setback for sight (or adequate properties adjacent other such sign. properties properties properties loft (or distance)for distance)for _ setback for sight to intersections. adjacent to adjacent to adjacent to adequate properties properties distance)for intersections. intersections. intersections. setback for adjacent to adjacent to properties sight distance) Intersections. Intersections. adjacent to for properties intersections. adjacent to intersections. Bl, B2 and Any Uses I. Maximum Sign I. Maximum i.Maximum area i.Maximum I. Maximum Sign I. Maximum Sign I. Maximum Sign I. Maximum Sign I. Maximum Sign I. A-Frame and Sandwich signs shall be removed at B3 area: 32 square Sign area: 32 (per banner): 32 Sign area(per area (per flag area (per area (per pennant area (per yard sign): area: 32 sq. ft. the dose of each business day and in the event of an feet. square feet. sq. ft. feather sign): sign): 24 square inflatable sign): 24 sign): 24 square 50 square ft. with ii. Maximum emergency or impending natural disaster. Ii. Maximum ii.Maximum ii.Maximum 32 square feet. feet. square feet. feet. combined total of number: i per lot. ii. Portable signs shall only be allowed for a maximum number. l per number: l per number: l per 100 ii. Maximum ii. Maximum ii. Maximum ii. Maximum 100 square feet. iii. Maximum Height: of thirty (30) days. business or use. lot. feet of street number: 1 per number: 1 per number: l per use number: l per ii. Maximum 15 or 20 ft. iii. Portable signs shall not be placed In parking spaces, Iii. Setback: 5 or iii.Maximum frontage. use OR 1 per use OR 1 per 100 OR 1 per 100 feet use OR 1 per 100 number: 3 per lot. iv. Setback: 5 or 10 vehicular accessway and sidewalks. 30 feet from Height: 15 or 20 Iii. Maximum 100 feet of feet of frontage. of frontage. feet of frontage. Iii. Maximum Height: feet from front iv. A permit may be granted for banners, feather, property line or ft. Height: 15 or 20 frontage. iii. Maximum iii. Maximum iii. Maximum 15 or 20 ft. property line and 10 Inflatable, flag, pennants and inflatable signs for no public right-of- iv. Setback: 5 or ft. ill. Maximum Height: 15 or 20 Height: 15 or 20 Height: 15 or 20 iv. Setback: 5 or 30 feet from side more than thirty (30) calendar days In any three- way. 30 ft. from front iv. Setback: S ft. Height: l5 or ft. ft. ft. ft. from front property line. month period or in case of special event for duration property line from front 20 ft, iv. Setback: 5 or iv. Setback: 5 or iv. Setback: 5 or property line and 10 of the event. and 10 feet property line and iv. Setback: 5 10 ft. from front 10 ft. from front 10 ft. from front feet from side v. Temporary Signs for a new business may be allowed from side 10 feet from side or 10 ft. from property line and property line and property line and property line. for a period not to exceed 90 days till the permanent property line. property line. front property 10 feet from side 10 feet from side 10 feet from side sign Is up. line and 10 property line. property line. property line. vi. Setbacks and height of temporary sign may be feet from side required to be less than maximum allowable to take property line. Into consideration adjacent utilities lines and poles. vi. No Portable/Yard/Temporary Development sign shall be located closer than fifteen (15) feet from any other such sign. Zoning Districts Land Use A -Frame/ Sandwich Portable Signs Banner Feather Sign Flag Sign Inflatable Sign Pennants yard Signs Temporary Development Sign Other Limitations/Requirements 11 and 12 Any Uses I. Maximum Sign I. Maximum I. Maximum area I. Maximum i. Maximum Sign i. Maximum Sign i. Maximum Sign I. Maximum Sign I. Maximum Sign I. A -Frame and Sandwich signs shall be removed at area: 32 square Sign area: 32 (per banner): 32 Sign area(per area (perflag area (per area (per pennant area (per yard sign): area: 32 sq. ft. the close of each business day and in the event of an feet. square feet. sq. ft. feather sign): sign): 24 square inflatable sign): 24 sign): 24 square 50 square ft. with Ii. Maximum emergency or impending natural disaster. ii. ii. Maximum ii. Maximum H. Maximum 32 square feet. feet. square feet. feet. combined total of number:1 per lot. Portable signs shall only be allowed for a maximum of number: l per number: 1 per number. 1 per 100 H. Maximum ii. Maximum I. Maximum ii. Maximum 100 square feet. Iii. Maximum Height: thirty (30) days. business or use. lot. feet of street number: 1 per number: 1 per number:1 per use number: 1 per ii. Maximum 15 ft. Iii. Portable signs shall not be placed in parking spaces, iii.Maximum iii.Maximum frontage. iii. use OR 1 per use OR 1 per 100 OR 1 per 100 feet use OR 1 per 100 number: 3 per lot iv. Setback:5 feet vehicular accessway and sidewalks. Height: 4 feet. Height: 15 or 20 Maximum Height: 100 feet of feet of frontage, of frontage. feet of frontage. Iii. Maximum Height: from property line iv. A permit may be granted for banners, feather, iv. Setback:5 ft. 15 or 20 ft. frontage. iii. Maximum ill. Maximum iii. Maximum 15 ft. for properties not inflatable, flag, pennants, yard and inflatable signs for feet from iv. Setback: 5 iv. Setback: 5 feet iii. Maximum Height: 15 ft. Height: l5 ft. Height: 15 ft. iv. Setback: feet from adjacent to no more than thirty (30) calendar days In any three - property line for feet from from property line Height: 1S or iv. Setback: 5 feet iv. Setback: 5feet iv. Setback: 5 feet property line for Intersection. 10 ft month period or in use of special event for duration properties not property line for for properties not 20 ft. from property from property line from property properties not (or adequate setback of the event. adjacent to properties not adjacent to iv. Setback: 5 line for properties for properties not line for properties adjacent to for sight distance) v. Temporary Signs for a new business may be allowed intersection. 10 adjacent to Intersection. 10 ft feet from not adjacent to adjacent to not adjacent to intersection. 10 ft (or for properties for a period not to exceed 90 days till the permanent ft (or adequate intersection. 10 (or adequate property line intersection. 10 ft intersection. 10 ft intersection. 10 ft adequate setback for adjacent to sign is up. setback for sight ft (or adequate setback for sight for properties (or adequate (or adequate (or adequate sight distance) for intersections vi. Setbacks and height oftemporary sign may be distance)for setback for sight distance)for not adjacent to setback for sight setback for sight setback for sight properties adjacent required to be less than maximum allowable to take properties distance)for properties intersection. distance)for distance)for distance)for to intersections Into consideration adjacent utilities lines and poles. adjacent to properties adjacent to 10ft(or properties properties properties vii. No Portable/Yard/remporary Development sign intersections adjacent to Intersections adequate adjacent to adjacent to adjacent to shall be located closer than fifteen (15) feet from any intersections setback for intersections Intersections intersections other such sign. sight distance) for properties adjacent to intersections. Dropsite Any Uses I. Maximum Sign I. Maximum i. Maximum area I. Maximum I. Maximum Sign I. Maximum Sign I. Maximum Sign I. Maximum Sign I. Maximum Sign I. A -Frame and Sandwich signs shall be removed at area: 32 square Sign area: 32 (per banner): 32 Sign area: 32 area: 24 square area (per area (per pennant area (per yard sign): area: 32 sq. ft. the close of each business day and in the event of an feet. square feet. square feet. square feet. feet. Inflatable sign): 24 sign): 24 square 50 square ft. with ii. Maximum emergency or impending natural disaster. ii. Maximum ii. Maximum ii. Maximum ii. Maximum ii. Maximum square feet. feet. combined total of number:1 per lot. ii. Portable signs shall only be allowed for a maximum number: 1 per number: l per number: l per 100 number:1 per number:1 per ii. Maximum ii. Maximum SOD square feet. iii. Maximum Height: of thirty (30) days. business or use. lot. feet of street use OR 1 per use OR 1 per 100 number: 1 peruse number:1 per ii. Maximum 15 ft. iii. Portable signs shall not be placed in parking spaces, iii.Maximum iii.Maximum frontage. 100 feet of feet of frontage. OR 1 per 100 feet use OR 1 per 100 number: 3 per lot. iv. Setback: 5 feet vehicular accessway and sidewalks. Height: 4 feet. Height: 15 ft. Iii. Maximum frontage, iii. Maximum of frontage. feet of frontage. iii. Maximum Height: from property line Iv. A permit may be granted for banners, feather, Iv. Setback: 5 iv. Setback:5 Height: 15 ft. iii. Maximum Height: 15 ft. iii. Maximum Iii. Maximum 15 ft. for properties not Inflatable, flag, pennants, yard and Inflatable signs for feet from feet from iv. Setback: 5 feet Height: 15 ft. iv. Setback: 5 feet Height: 15 ft. Height: 15 ft. iv. Setback: 5 feet adjacent to no more than thirty (30) calendar days in any three - property line for property line for from property line iv. Setback: 5 from property iv. Setback: 5 feet iv. Setback: 5 feet from property line intersection. 10 ft month period or in use of special event for duration properties not properties not for properties not feet from line for properties from property line from property for properties not (or adequate setback of the event. adjacent to adjacent to adjacent to property line not adjacent to for properties not line for properties adjacent to for sight distance) v. Temporary Signs for a new business may be allowed intersection. 10 intersection. 30 intersection. 10 ft for properties intersection. 30 ft adjacent to not adjacent to intersection. 10 ft (or for properties for a period not to exceed 90 days till the permanent ft (or adequate ft (or adequate (or adequate not adjacent to (or adequate intersection. 30 ft intersection. 10 ft adequate setback for adjacent to sign is up. setback for sight setback for sight setback for sight intersection. setback for sight (or adequate (or adequate sight distance) for intersections vi. Setbacks and height of temporary sign may be distance)for distance)for distance)for 10ft(or distance)for setback for sight setback for sight properties adjacent required to be less than maximum allowable to take properties properties properties adequate properties distance)for distance)for to intersections. Into consideration adjacent utilities lines and poles. adjacent to adjacent to adjacent to setback for adjacent to properties properties vii. No Portable/Yard/Temporary Development sign intersections. intersections, intersections. sight distance) intersections. adjacent to adjacent to shall be located closer than fifteen (15) feet from any for properties intersections intersections other such sign. adjacent to intersections.