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Home My WebLink AboutAgenda - Economic Development Committee - 10/10/2023 South Burlington Economic Development Committee Room #301 at 180 Market St South Burlington, VT 05403 AGENDA Participation Options In Person: Room #301 – 3rd Floor – 180 Market St Assistive Listening Service Devices Available upon request Electronically: https://meet.goto.com/SouthBurlingtonVT/economicdevelopmentcommittee10-10-2023 You can also dial in using your phone. Access Code: 434-824-909 United States: (224) 501-3412 Tuesday October 10, 2023 5:00 PM 1. Call meeting to order, review emergency procedures, agenda review and approval 2. Presentation and questions on proposed amendment to the South Burlington Sign Ordinance. 3. Welcome Guests: Mads Almassalkhi, Director of Control and Optimization of Renewable Energy (CORE) Systems Lab at the University of Vermont Evan Langfeldt, CEO of O’Brien Brothers 4. Discussion with guests regarding the electric grid and the challenges associated with incorporating alternative sources of electricity. 5. ***Approve minutes from the August 8, 2023 meeting of the Committee. 6. Staff Report by Jessie Baker, City Manager 7. Public Comment 8. Member reports on projects. 9. Committee work plan and action steps. 10. Adjourn (approx. 7:00 pm) ***Attachments included South Burlington Economic Development Committee Room #301 at 180 Market St South Burlington, VT 05403 MINUTES of the Committee meeting on September 12, 2023, in Room 301 of City Hall, 180 Market Street, South Burlington, in person and remotely. Members present: Tom Bailey, Ken Linge, Michael Biama, John Burton and Mike Scanlan attended in person. Members absent: Sriram Srinivasan and Charlie Johnson Others in attendance: Ilona Blanchard, City Development Director and Tim Barritt, City Counselor, attended in person. Frank Cioffi, President of Greater Burlington Development Corporation (GBIC) was in attendance as a guest. Tom Bailey called the meeting to order at 5:32 PM and proceeded to address the items on the agenda. 1. Welcome, agenda review and approval: The agenda was adjusted so that Items 4 and 5 were moved up ahead of the rest of the items. 2. (formerly Item 4) Welcome of Guest: Frank Cioffi introduced himself followed by introductions of all the members of the Committee along with Tim Barritt and Ilona Blanchard. 3. (formerly Item 5) Discussion with Guest: Interacting with the Committee members, Frank’s comments are summarized as follows: The GBIC has long served and continues to create and foster business growth in the county and northwestern Vermont region. • GBIC recruits and fosters good businesses and business growth that provide good jobs. Dollar importer and service exporter. • GBIC supports business growth by incentivizing infrastructure development, creating business parks and encouraging employment support. However, the region is running out of developable business and manufacturing parks that are supported by needed infrastructure. • GBIC sustains itself with some municipal contributions and through Cynosure, Inc., a non-profit development company. • GBIC was important in developing and adoption of TIFF legislation and program and in the creation of the Vermont Center For Emerging Technologies, an every level support network for knowledge based businesses. Employers and employees currently face obstacles that restrain business growth. • Employers struggle to recruit and retain qualified employees because they are often unable to find housing in the region or suitable childcare. As an example, Frank described the trials of two of his employees in attempting to find housing: His 23 year old staffer looked six months before finding a studio apartment for $1600/mo. while a 72 year old finally found a one bedroom in Colchester for $2000/mo. Said Frank: “Housing is essential!” • Uncertainty in the development and permitting process and lack of commercially developable land are constraints. Creating certainty in the process is a vital. South Burlington should address a strategic economic development plan by thoroughly understanding the current economy, business environment and development constraints. • South Burlington should ask itself: Who are your employers? And, who do you want to be? • For an economic development plan the City should start by taking inventory of its infrastructure (water and sewer, transportation) and assets (for example, the airport) as well as current employers and businesses, and how to interact with the region. 4. (formerly Item 2) Public Comments on items not on the agenda: There were no public comments. 5. (former Item 3) Approval of minutes of August 8, 2023 meeting: The minutes were approved unanimously after some additions suggested by Mike Scanlan. 6. (former Item 7) Staff Report by Ilona Blanchard, Community Development Director: Ilona called attention to the Planning Commission public hearing on 9/26 and the Energy Festival activities scheduled for 9/30 for which volunteers are needed. She also reminded the members that the City Council will be discussing ARPA funding at the 9/18 meeting. 7. Member Reports: Tom and John reported that they are working on child care programs. Mike Scanlan described his work so far with the GMT board. 8. Committee Work Plan: Tom indicated that there would be guests at the October meeting to discuss electronic grids and microgrids, and asked if this format of having guests worked well for the committee. Mike Biama expressed concern that guests in meetings left little time for committee work on its goals. Tom responded that he hoped work could be done in small groups outside the meetings and presented when progress had been made. It was suggested that meeting times could expand to two hours, and it was agreed that, beginning with the October meeting, the meetings shall be from 5:00 to 7:00 PM. There followed a discussion about the strategic economic development plan on the committee’s work plan and it appeared that two or three members were making plans for an informal discussion later in the month. 9. Adjournment: The meeting adjourned at 7:10 PM. Proposed Sign Ordinance Amendments Changes to be reviewed by City Council prior to adoption ‘Housekeeping’ changes •Adding definitions for new terms, removing definitions for terms no longer used in the ordinance •Removing redundant language •Removing conflicting language •Replace & update language pertaining to legal authority, fee structure, and specific dates Major Change #1: Eliminate Master Sign Permit •Presently, all properties (multi- tenant or single-tenant) in the City Center Sign District must establish an MSP prior to getting permit approval, and must update the MSP if new tenants or new branding necessitates new signage •MSP process is tedious and an unnecessary use of DRB capacity •Ordinance already contains standards for signage in the City Center Sign District, our proposal is to allow the Code Officer to determine whether the proposed signage meets those standards, instead of DRB •Elimination of MSP will allow subject signage to be reviewed without pre-existing restrictions Major Change #2: Prohibit free-standing signs in City Center in favor of perpendicular signs •Free-standing signs are basically billboards, designed to market to motorists. City Center is being built for pedestrians and the signage should reflect that. •Free-standing sign example: •Perpendicular signs are installed on the building, at a 90o angle to the wall, and are typically smaller than a free-standing sign •Perpendicular signs as seen on Church Street: Major Change #2, continued: •New language will read as follows: •After [date TBD], new Free-Standing Sign structures in the City Center Sign District shall only be permitted within sixteen (16) feet of the edge of the Dorset Street, Kennedy Drive, Patchen Road, San Remo Drive, White Street, and Williston Road rights-of-way. Any existing Free-Standing Sign structure lawfully in existence on or before [date TBD] in the City Center Sign District, may be normally maintained, repaired, or replaced in the same location. Any replacement of Signs within the Sign structure shall be in accordance with the standards of the District . Major Change #3: Increase Wall Sign Allowance •Current standards for single- tenant buildings limit tenant to 100 square feet of wall signage across a maximum of two (2) signs •Proposal is to keep the square footage the same, but increase number of wall signs to three (3) •Will be beneficial for corner lots with off-street parking: Major Change #4: Temporary Signage •The ordinance currently prohibits the daily display of A-frame signs on a property, limiting it to just one week per month (e.g., ‘Sale this Week!’) or the same day of the week every week (e.g., ‘Taco Tuesday’) •Proposal would allow businesses to permit one permanent 2’ x 3’ A-frame for display in proximity to business entrance during business hours •Update will allow businesses to better advertise to pedestrians and enhance P&Z’s ability to crack down on unpermitted temporary signage Other Changes •Exempt ‘Open’ flags from permitting requirements •Exempt signs identifying EV chargers from permitting requirements •Broaden the language prohibiting inflatable signs to include all inflatable contraptions, not just those which resemble a person or creature Any Questions? Proposed Sign Ordinance amendments – 3/17/2023 – Marty Gillies The following memo gives an overview of the substantive proposed changes to the Sign Ordinance, and a brief description of the intent of these changes. Location of Edit Goal of Edit Details of Edit Article 2 – Definitions clarity - Add definitions for ‘Bulletin Board’, ‘Chalkboard’, ‘Inflatable/wind sign’, ‘perpendicular sign’, ‘sidewalk sign’ - Remove definitions for ‘projecting sign’, ‘wayfinding sign’ This amendment necessitated by later amendments pertaining to these terms. Article 5 – City Center Sign Dist. Enhance standards - Add text defining admin review process & authority for Code Officer to review (akin to 7.C & 7.F.1 from old MSP article) This amendment necessitated by elimination of MSP in Article 7. Article 6 – Applications Eliminate MSP requirements - Delete first bullet requiring MSP submittal This amendment necessitated by elimination of MSP in Article 7. Article 7 – Master Signage Designation Eliminate MSP requirements - Delete entirety of Article 7 - Add/retain text explaining what happens to existing MSPs - Add (if necessary) text clarifying that signs in the City Center are still subject to the design standards in Article 5, but those applications can now be reviewed administratively The Master Signage Designation (and the associated Master Signage Permits) are redundant to the City Center Sign District requirements detailed in Article 5. In the interest of reducing the Development Review Board workload and streamlining the permitting process, this amendment eliminates the requirement to create/amend a Master Sign Permit before installing signage in City Center. Article 8 – Free- Standing Signs Enhance standards - Add text prohibiting the location of a free-standing sign in a designated Civic Space or Site Amenity - Remove G.3, an allowance for promotional sign insets - Add standards limiting the placement of free-standing signs in the City Center Sign District Free-standing signs are generally designed to be digestible for people in vehicles – they are too large and too obstructive to fit well in an environment designed for pedestrians. This amendment would prohibit free- standing signs in pedestrian-oriented areas such as City Center & required open spaces. Article 9 – Wall Signs Enhance standards & clarity - Remove reference to design review approval process - Remove reference to MSP process - Add text expanding the definition of Wall Sign - Increase the number of allowable wall signs for single-tenant buildings from 2 to 3 Several single-tenant buildings, especially those on corners with two street-facing facades and a parking lot, have expressed a desire to increase the number of signs permitted in order to effectively advertise on both facades and include signage directed towards shoppers entering from the parking lot. This amendment would not increase the total allowable signage area but would allow business owners in single- tenant buildings to divide this area across three signs instead of two. Article 10 – Incidental & Directional Signs Clarity - Delete entirety of Article 10 (redundant to Article 11) Article 12 – Signs in Res. Areas Clarity - Remove standards specific to certain uses that conflict with general standards already existing in Article 12 Article 13 – Landscape Signs Clarity - Remove references to DRB This amendment will allow all landscape signage to be reviewed by the Code Officer, thereby reducing the Development Review Board workload. Article 15 – Perp. Signs Enhance standards - Entirely replace existing language with updated language, allowing all City Center businesses with a first-floor entryway one perpendicular sign This amendment will eliminate the current language, which only allows perpendicular signs where it can be demonstrated that a free-standing sign is untenable. It will instead allow perpendicular signs to be installed on any business in City Center with a first-floor entryway. This amendment intends to offer businesses in City Center an alternative to free-standing signs. Article 17 – Misc. Signs Clarity - Add standard prohibiting wind/inflatable signs - Move standard allowing ‘open’ flags to Article 22 (exemptions) This amendment will remove ‘open flags’ from ordinance regulation entirely by exempting them from review. It will also prohibit all inflatable/wind signs, not just those which bear a resemblance to a person or creature. Article 18 – Temporary Signs Enhance standards - Entirely replace existing language with updated language, allowing all businesses the option to permit one 2’ x 3’ sidewalk sign, which can be displayed evert day during hours of operation, in addition to a banner subject to the current temporary sign permit timelines The current temporary sign permitting process will remain, allowing business & organizations the ability to permit a banner or A-frame to be displayed on their property for one or two weeks at a time to advertise events or sales. This amendment will allow businesses/organizations to permit one sidewalk sign, no larger than 2’ x 3’, to be displayed every day during hours of operation within reasonable proximity of their business entrance. The goal of this amendment is to provide business owners a reasonable, legal avenue to advertise to passing vehicle/foot traffic. This amendment will also serve to clearly describe the permissible height, style, and placement of sidewalk signs in order to allow for stricter enforcement on unpermitted signs in the right-of-way. Article 20 – Lighting Enhance standards - Remove standards that function as exceptions/loopholes, except for signs that existed prior to the adoption of the new Ordinance This amendment will enhance existing standards by removing various provisions allowing for the Code Officer to override regulations on lighting. Article 21 – Gas Station Signs Clarity - Remove standard regulating which products can be displayed for sale outdoors This amendment will remove language regulating outdoor storage from this Article, since outdoor storage is regulated elsewhere in the LDRs. Article 22 – Exemptions Enhance standards - Add standards exempting various sign types from regulation - Remove references to wayfinding signs This amendment will newly exempt the following signs from the permitting process: signs announcing city- organized or city-affiliated events; signs affixed to EV fueling stations; ‘open’ flags; and the replacement of tenant signs within a previously approved multi-tenant free-standing sign. Article 23 – Non- Conforming Signs Clarity - Change date at which non-conforming signage will start to be enforced upon Article 24 – Unsafe Signs Clarity - Removal of all references to “unlawful” signs and the associated enforcement procedure Article 29 - Enforcement Clarity - Entirely replace existing language and fee structure/amounts with updated language and fee structure/amounts Article 33 – Severability Clarity - Entirely replace existing language with updated language including guidance from City Attorneys Sign Ordinance Adopted *********** Effective ********* DRAFT 202319-211-315 SIGN ORDINANCE 2 City of South Burlington Ordinance DRAFT 2019-11-15 Table of Contents 1. Authority and Purpose ...................................................................................................................... 4 2. Definitions ......................................................................................................................................... 4 3. Permit Required .............................................................................................................................. 10 4. Permit Fees ..................................................................................................................................... 10 5. Dorset Street/City Center Sign District. .......................................................................................... 10 6. Application for Sign Permit ......................................................................................................... 1211 7. Master Signage Permits .............................................................................................................. 1312 8. Free-Standing Signs ..................................................................................................................... 1514 9. Wall Signs .................................................................................................................................... 2526 10. Directory and Entryway Signs ..................................................................................................... 2829 11. Incidental and Directional Signs .................................................................................................. 2930 12. Signs in Residential Areas............................................................................................................ 3031 13. Landscape Feature Signs ............................................................................................................. 3132 14. Airport Signage ............................................................................................................................ 3233 15. Perpendicular Signs ..................................................................................................................... 3233 16. Real Estate and Construction Project Signs ................................................................................ 3335 17. Miscellaneous Types of Signs ...................................................................................................... 3435 18. Temporary Signs .......................................................................................................................... 3536 19. General Sign Requirements ........................................................................................................ 3738 20. Lighting ............................................................................................................................................ 39 21. Regulations for Establishments Selling Gasoline ........................................................................ 3940 22. Exemptions .................................................................................................................................. 4041 23. Non-Conforming Signs .................................................................................................................... 43 24. Unsafe Signs ............................................................................................................................... 4344 25. Removal of Certain Signs ............................................................................................................ 4344 26. Revocation of Permits ..................................................................................................................... 44 27. Renewal of Permits ......................................................................................................................... 44 28. Appeals ........................................................................................................................................ 4445 29. Enforcement ............................................................................................................................... 4445 32. Conformity with State Law.......................................................................................................... 4647 APPENDIX A ............................................................................................................................................ 4849 1. Authority and Purpose ...................................................................................................................... 3 2. Definitions ......................................................................................................................................... 3 SIGN ORDINANCE 3 City of South Burlington Ordinance DRAFT 2019-11-15 3. Permit Required ................................................................................................................................ 8 4. Permit Fees ....................................................................................................................................... 8 5. Dorset Street/City Center Sign District. ............................................................................................ 9 6. Application for Sign Permit ............................................................................................................. 10 7. Master Signage Permits .................................................................................................................. 11 8. Free-Standing Signs ......................................................................................................................... 13 9. Wall Signs ........................................................................................................................................ 22 10. Directory and Entryway Signs ......................................................................................................... 26 11. Incidental and Directional Signs ...................................................................................................... 26 12. Signs in Residential Areas................................................................................................................ 28 13. Landscape Feature Signs ................................................................................................................. 28 14. Airport Signage ................................................................................................................................ 29 15. Perpendicular Signs ......................................................................................................................... 29 16. Real Estate and Construction Project Signs .................................................................................... 30 17. Miscellaneous Types of Signs .......................................................................................................... 31 18. Temporary Signs .............................................................................................................................. 32 19. General Sign Requirements ............................................................................................................ 33 20. Lighting ............................................................................................................................................ 35 21. Regulations for Establishments Selling Gasoline ............................................................................ 36 22. Exemptions ...................................................................................................................................... 36 23. Non-Conforming Signs .................................................................................................................... 38 24. Unsafe Signs ................................................................................................................................... 39 25. Removal of Certain Signs ................................................................................................................ 39 26. Revocation of Permits ..................................................................................................................... 39 27. Renewal of Permits ......................................................................................................................... 40 28. Appeals ............................................................................................................................................ 40 29. Enforcement ................................................................................................................................... 40 32. Conformity with State Law.............................................................................................................. 41 APPENDIX A ................................................................................................................................................ 42 South Burlington Sign Ordinance Adopted: June 3, 2002 SIGN ORDINANCE 4 City of South Burlington Ordinance DRAFT 2019-11-15 Amended: April 8, 2003 March 8, 2005 November 22, 2005 June 21, 2006 May 6, 2008 June 1, 2009 July 20, 2009 MAY 3, 2010 AN ORDINANCE TO REGULATE SIGNS IN THE CITY OF SOUTH BURLINGTON The Council of the City of South Burlington hereby ordains: SECTION 1. Short Title This ordinance shall hereafter be known and cited as the "South Burlington Sign Ordinance". SECTION 21. Purpose and Authority and Purpose This ordinance is enacted by the City Council under the authority it is granted to regulate signSigns set forth in 24 V.S.A. Section 2291 and Section 104 of the South Burlington City Charter. The purpose of this Ordinance is to promote the public welfare and safety by regulating existing and proposed signSigns. It is intended hereby to reduce signSign distractions and obstructions that may contribute to traffic accidents, to reduce hazards that may be caused by signSigns in disrepair or of faulty construction, and to curb deterioration of natural beauty, open space and community environment. It is intended that in commercial areas now in existence and in proposed commercial and industrial areas all signSigns within one complex be coordinated with the architecture and surroundings in such a manner that the overall appearance is harmonious in color, form and proportion. It is further intended that the display of signSigns will be appropriate to the land, building or use to which they are appurtenant and be adequate, but not excessive, for the intended purpose of identification. This ordinance is enacted by the City Council under the authority it is granted to regulate signs set forth in 24 V.S.A. Section 2291 and Section 104 of the South Burlington City Charter. This ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. SECTION 32. Definitions This ordinance is enacted by the City Council under the authority it is granted to regulate signs set forth in 24 VSA § 2291 and Charter § 13-104. This ordinance shall constitute a civil ordinance within the meaning of 24 VSA Chapter 59. SIGN ORDINANCE 5 City of South Burlington Ordinance DRAFT 2019-11-15 The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) "A-Frame" or "Sandwich Board" as used in this Ordinance shall be iInterchangeable terms that mean a moveable signSign not secured or attached to the ground or surface upon which it is located, but supported by its own frame and most often forming the cross-sectional shape of an “A”. (b) "Action Sign" as used in this Ordinance shall mean tThe intentional movement of a signSign body or any segment thereof, such as, rotating, revolving, moving up or down or any other type of action involving a change of position of the signSign body or segment thereof, whether caused by mechanical or any other means. (c) "Animated SignSign" as used in this Ordinance shall mean aAny lighted signSign on an intermittent or flashing circuit or the movement of any light used in connection with any signSign, such as but not limited to blinking, traveling, flaring or changing degree of intensity. (d) "Area of Sign" as used in this Ordinance shall mean: (A) (1) fFor cut-outCut-Out Letters, the basis for the areaArea of the signSign shall be computed by taking one-half the area enclosed within the smallest regular geometric figure or figures needed to completely encompass all letters, including vertical and horizontal spacings between letters (see Illustration 10.1). In no case shall the basis for the areaArea of the signSign exceed one hundred (100) square feet. Illustration 3-1 Area of a Wall Sign with Cut-Out Letters Calculating the Area of a Wall Sign with Cut-Out Letters JIM’S STEAKS h w Area = h x w PAT’S T E A K S C H ESE w(1) h(1) Area = sum (w x h) For cut-out letter signs, area is calculated by adding up the area of the smallest regular geometric features needed to completely enclose the sign. In the example on the right, the sign area would be the sum of the four rectangles that would be drawn to enclose all of the letters on the sign. SIGN ORDINANCE 6 City of South Burlington Ordinance DRAFT 2019-11-15 (B) (2) fFor signSigns other than cut-outCut-Out letters, the areaArea of the signSign shall exclude the supporting structure and shall be computed by taking the total area within the outer edge of the signSign. (C) (3) sSigns having two (2) parallel and attached faces shall be considered as one signSign, and the area shall be computed for one side only. In the case of an "A-frameA-Frame" or "sandwich boardSandwich Board" signSign, the area shall be calculated for one side of the "A-frameA-Frame" or "sandwich boardSandwich Board" only. (D) (4) fFor signSigns having more than two (2) sides, the relevant signSign area shall be the sum of all areas on which information and/or graphics are displayed. (f) "Backlighted Letter" as used in this Ordinance shall mean aAn illuminated reverse channel letter with an open or translucent back so that light from the letter is directed against the surface behind the letter, producing a halo lighting effect around the letter. (g) "Banners and Pennants" as used in this Ordinance shall mean aAny advertising device affixed to poles, wires or ropes, such as Banners, Pennants, streamers, wind operated propellers, string lighting or other similar advertising media, but not to include properly displayed governmental flags. (h) "Billboard Sign" as used in this Ordinance shall mean aAny structure attached or detached from any building and bearing a signSign which is not appurtenant to any business conducted on the property where the signSign is located. Bulletin Board shall mean aAny surface to which announcements for events, meetings, items for sale, or similar items are temporarily affixed. Chalkboard shall mean a A smooth hard surface for writing on with chalk. (i) "Code Officer" as used in this Ordinance shall mean tThe individual in City Government designed by the City Council to administer and enforce this Ordinance. The Code Officer may delegate his authority hereunder to such assistants as may be authorized by the City Council. (j) "Construction or Project Signs" as used in this Ordinance shall mean aAny signSign or advertising device erected on a project site prior to or during a new construction project, substantial renovation project or exterior painting project (k) "Cut-Out" or "Cut-Out Letters" shall mean lLetters, numbers, emblems and symbols which are detached or separately molded from the material from which they were made. (l) "Depth" as used in this Ordinance shall mean tThe longest horizontal dimension of a signSign and/or support structure, measured parallel to the ground and perpendicular to the face of the signSign. In the case of signSigns with multiple faces, the signSign depthDepth shall be the longest of the horizontal dimensions measured for each signSign face. (m) "Directional Sign" as used in this Ordinance shall mean aA signSign designed to direct and inform the public as to the location of exits, entrances, service areas, loading and unloading areas, and designated parking spaces or areas, or similar wording of an informational nature. (n) "Directory Sign" as used in this Ordinance shall mean Aa signSign that identifies the names and locations of tenants in a multi-tenant building or in a development made up of a group of buildings, and may include identification of incidental services or facilities in the same building or development. (o) "Erect" as used in this Ordinance shall mean tTo building, construct, attach, hang, place, suspend or affix, and shall also include the painting of Wall signSigns. SIGN ORDINANCE 7 City of South Burlington Ordinance DRAFT 2019-11-15 (p) "Florescent Colors" as used in this Ordinance shall mean Ccolors that reflect not only their own color, but also convert the shorter wave lengths into radiant energy causing them to appear 3 to 4 times as bright as ordinary color. These colors do not reflect light toward its source in the intense manner that Reflectorized materials do, but rather in an amount similar to a white painted surface. (q) "Free-Standing Sign" as used in this Ordinance shall mean a A signSign detached from any building. Vending machines located outside of a building with images of products for sale that are clearly visible from the public right-of-way shall be considered free-standing signFree-Standing Signs and shall be subject to all provisions of this Ordinance. (r) "Gross Façade Area" as used in this Ordinance shall mean tThe gross surface area of all exterior Walls of a building exposed to public view. (s) "Incidental signIncidental Sign" as used in this Ordinance shall mean aA signSign, generally informational, that has a purpose secondary to the Lot on which it is located, such as "no parking," "loading only," "telephone," or other similar directives. Additional signSigns that may be considered incidental include but are not limited to "ice," "bottle return," "vacancy/no vacancy," or "service." Traffic warning signSigns such as "Stop" or "Right Turn Only" shall not be considered incidental. Inflatable or wind signSign shall include all Any objects inflated or otherwise supported or moving by air, wind, or other gasses, used to advertise goods or services or direct attention to the property on which it is located, regardless of whether text or graphics are included on the sign. (t) "Interpretive Signage" as used in this Ordinance shall mean aA signSign providing information that interprets a natural, historical or cultural resource, event or site. Such signSigns shall be located only on sites directly related to the information contained in the signSign. (u) "Landscape Feature Sign" as used in this Ordinance shall mean a A free-standing solid Wall or solid earthen berm, made of soil or other natural materialsNatural Materials as defined in this Ordinance, and not attached to any building, that has been approved by the South Burlington Development Review Board or Administrative Officer in accordance with the provisions of the South Burlington Land Development Regulations, as amended. Fences shall not be considered landscape features for purposes of this ordinance, irrespective of the material of which the fence is made. (v) "Logo" as used in this Ordinance shall mean a A design that represents goods, identity or service. (w) "Lot" as used in this Ordinance shall mean a A parcel of land owned by a lot ownerLot Owner, the boundaries of which are: 1) established by a deed or deeds recorded in the land records of the City of South Burlington, and the records of any public road right-of-way; or 2) shown on a plat approved by the South Burlington Planning Commission or Development Review Board pursuant to subdivision regulations, provided such approval has not expired. When a lot owner owns a lot which fails to meet minimum lot size requirements under the South Burlington Land Development Regulations and such lot is contiguous to another lot owned by the same lot owner, such contiguous lots shall constitute a single lot, except that: 1) contiguous lots which as of June 7, 1947 were devoted to separate and unrelated uses shall constitute separate lots so long as such lots continue to be devoted to separate and unrelated uses; or 2) contiguous lots which are devoted to uses approved as separate uses under the South Burlington Land Development Regulations shall constitute separate lots provided such uses are conducted in compliance with the terms and conditions of the approvals granted; or 3) contiguous lots which are shown on a plat approved by the South Burlington Planning Commission or Development Review Board pursuant to subdivision regulations shall constitute separate lots provided such approval has not expired. Commented [PC1]: Delete? Commented [MG2R1]: Could be a good idea! SIGN ORDINANCE 8 City of South Burlington Ordinance DRAFT 2019-11-15 (x) "Lot ownerLot Owner" as used in this Ordinance shall mean tThe record owner of fee title to a Lot. (y) "Luminescent" as used in this Ordinance shall mean A any light, produced by the action of electricity in an enclosed gas, such as neon, argon or fluorine. (z) "Luminous Material" as used in this Ordinance shall mean aA material that stores light and glows in the dark. The glow can be described as a weak soft light. (aa) "Marquees, canopies or awningsMarquees, Canopies or Awnings" as used in this Ordinance shall mean b Building mounted fabric and frame constructions or free-standing fabric (or other similar material) and frame that is attached to a building and used for seasonal and/or advertising purposes that do or do not contain graphics or signSign information for a particular establishment. (e) "Marquee, Awning, canopyCanopy or marquee Awning signSign" as used in this Ordinance shall mean lLogos and lettering on awningAwnings, cCanopies or marqueeMarquees, and graphics associated with such Logos and lettering. Such signSigns shall be considered Wall signSigns, incidental signIncidental Signs or directional signDirectional Signs for purposes of this Ordinance, based on the information conveyed, and shall be counted towards the maximum number and area of signArea of Signs permitted for a building or property in accordance with the standards for the applicable type of signSign. The areaArea of the signSigns shall be calculated using the provisions for cut-outCut-Out Letters in (c)(2) as defined under “Area of a Sign”above. (bb) "Mural" as used in this Ordinance shall mean a A purely decorative treatment on the exterior Wall of a building that does not have the overt intent or effect of advertising a product or service for sale or an agency, organization or business. (cc) "Name Plate Sign" as used in this Ordinance shall mean any signSign not more than one (1) square foot in area used to identify the owner or owners of a private residence. (dd) "Natural Materials" as used in this Ordinance shall mean iI Indigenous materials such as plants, shrubs, trees, wood that is stained or painted a neutral brown or grey color, unpainted stone, decorative textured masonry or concrete, and unpainted brick. "Natural Materials" shall not include glass or smooth (un- textured) poured concrete for purposes of this Ordinance. (ee) "Off-Premise Signage" as used in this Ordinance shall mean a Any signSign that is not displayed on the same premises where the goods, entity or services advertised are located. (ff) "Parapet Wall" as used in this Ordinance shall mean a A low Wall along the edge of a roof, and being a portion of the Wall which extends above the line of the roof, with the exterior to the extension forming a continuous plane with the Wall below. Perpendicular Sign as used in this Ordinance shall mean a Sign attached to, or hanging from a structure attached to the wall of a building or structure with the exposed face of the Sign in a plane perpendicular or roughly perpendicular to the face of said Wall. A perpendicular Sign shall not be considered a Wall Sign for the purposes of this Ordinance. (gg) "Person" as used in this Ordinance shall mean and include aAny personPerson, individual, firm, partnership, association, corporation, company or incorporated or unincorporated organization or group of any kind. (hh) "Plate Line" as used in this Ordinance shall mean tThe point at which any part of the roof structure first touches, or bears upon, an external Wall. (ii) "Point-of-Purchase Sign" as used in this Ordinance shall mean tThe signage that advertises a product at its point of sale, or "point of purchase" location. SIGN ORDINANCE 9 City of South Burlington Ordinance DRAFT 2019-11-15 (jj) "Principal Public faFaçade" of a building, as used in this Ordinance fFor purposes of calculating maximum total Wall signSign area, shall mean the main building façade facing a public street or another façade that functions as a Principal faFaçade with an actively used public entryway, subject to the approval and discretion of the as determined by the Code Officer. There shall be no more than one Principal Public faFaçade per building. (kk) "Projecting Sign" or "perpendicular sign" as used in this Ordinance means any sign attached to a building or other structure and extending in whole or in part more than nine (9) inches beyond the building line, or more than fifteen (15) inches in the case of raceway sign. (II) "Raceway Sign" as used in this Ordinance shall mean a A signSign comprised of channel or other cut- outCut-Out figures or letters mounted to an electrical enclosure, with the enclosure being smaller than the height of the attached letters. (mm) "Reader Board" shall mean a A signSign to which letters are not permanently secured or affixed and/or which is wheeled or otherwise readily moveable. The term "reader boardReader Board" shall not include "A-fFrame" or "sSandwich bBoard" signSigns. (nn) "Reflectorized" as used in this Ordinance shall mean aAny material that reflects light back toward its source in an intensity many times greater than would be reflected by a white painted surface. Reflectorized materials may include but are not limited to reflective sheeting, glass beads and glass or plastic reflectors. (oo) "Residential District" as used in this ordinance shall include tThe following zoning districts as defined in the South Burlington Land Development Regulations as presently in force or hereafter adopted and amended from time to time: Residential 1, Residential 2, Residential 4, Residential 7, Queen City Park, Lakeshore Neighborhood, and all Southeast Quadrant Sub-districts. (pp) "Roof Sign" as used in this Ordinance shall mean aAny signSign erected in any way upon a building or structure which extends above the roof line of the building or structure. Sidewalk sign. A temporary, moveable sign to be placed on a sidewalk, walkway, plaza, or outdoor sale or seating space. Sidewalk signs are intended to be read by pedestrians and not designed to be read by passing motorists. (qq) "Sign" as used in this Ordinance shall mean and include every signSign, billboard, bulletin- boardBoard, free-standing signSignFree-Standing Sign, wall sign, window sign, roof signRoof Sign, illuminated sign and projecting sign, and shall include aAny letter, word, number, model, muralMural decoration, banner, flag, pennant, clock, thermometer, insignia, light or combination of lights, used or placed as an announcement or declaration to identify, advertise or promote the interest of any personPerson when the same is placed in view of the general public from outside the structure on which the signSign is placed or any signSign type identified in this Ordinance. (rr) "Temporary Sign" as used in this Ordinance shall mean aAny signSign for a limited period of time for advertising or informational purposes supplementary to or in place of existing permanent signSigns. (ss) "Traveled wWay" as used in this Ordinance shall mean tThe paved or otherwise surfaced area of a public street or road intended for use by vehicular traffic, including aprons, shoulders, and curbing, but not including a sidewalk or recreation path. (tt) "Wall Sign" as used in this Ordinance shall mean aA signSign attached to, painted on, and/or erected against the Wall of a building or structure with the exposed face of the signSign in a plane parallel or roughly parallel to the face of said Wall (including any interior Wall) whether attached to Windows or otherwise, which is placed in view of the general public from outside the building or structure. SIGN ORDINANCE 10 City of South Burlington Ordinance DRAFT 2019-11-15 (uu) "Wall" as used in this Ordinance shall mean tThe surface area of any major plan unit of any side or face of a building. (vv) "Wayfinding" as used in this Ordinance shall mean sSigns with maps or other graphics used to convey location and directions to travelers, and not used for any advertising purpose. (ww) "Window" as used in this Ordinance shall mean tThe total area of transparent panes within a single supporting sash structure, excluding muntins. Panes divided by muntins shall not be considered individual Windows; the total area of all panes and muntins within a single supporting sash structure shall constitute the total area of the Window. Transparent panes inside a door frame shall be considered "Windows" for purposes of this Ordinance, subject to the judgment and discretion of the Code Officer. (xx) "Window Sign" as used in this Ordinance shall mean a A signSign attached to, painted on, or erected against the interior or exterior of a Window with the exposed face of the signSign in a plane parallel or roughly parallel to the face of said Window located so as to be readable primarily from the exterior of the Window. Products for display shall not constitute a Window signSign. (yy) When the words "maintain a sign" or words of similar effect are used herein, the same refers to allowing the signSign to continue in existence and shall not be taken to refer to keeping the signSign in good order. SECTION 43. Permits Required It shall be unlawful for any personPerson to Erect, alter or relocate within the City of South Burlington, any signSign, as defined in this Ordinance, without first obtaining a signSign permit from the Code Officer, in accordance with all the provisions of this Ordinance. Any signSign not expressly permitted by the provisions of this Ordinance is expressly prohibited. SECTION 54. Permit Fees Every applicant, before being granted a permit hereunder, shall pay to the City Treasurer such permit fee or fees in accordance with the schedule of fees adopted by resolution of the City Council, and as amended from time to time. SECTION 65. Dorset Street/City Center Sign District. (A) Purpose. There is hereby designated and created the Dorset Street/City Center Sign District, the boundaries of which are shown on a plan map entitled, " Dorset Street/City Center Sign District", dated July 22, 1998, which plan map is incorporated into and made a part of this Ordinance as Appendixces A and B. This special signSign district is designated to reflect the long term goal of the City to develop Dorset Street and the City Center area as an attractive mixed-use, well-designed, integrated focal point for the City. The area is to be a mixed use, pedestrian-oriented downtown primarily residential, office, retail and municipal core for South Burlington. This special signSign district is also intended to promote the intended pedestrian orientation for the future of the district as well as to ensure pedestrian and traffic safety, to encourage the effectiveness and clarity of signSign communication, and to maintain and enhance the aesthetic quality within the district. (B) Application Materials: For any Lot in the City Center Sign District on which the owner proposes to Erect one or more Signs requiring a permit, the owner shall submit a Permanent Sign Permit application containing the following information: SIGN ORDINANCE 11 City of South Burlington Ordinance DRAFT 2019-11-15 (1) An accurate plot plan of the Lot, at such scale as the Code Officer may reasonably require; (2) Location of buildings, parking Lots, driveways and landscaped areas on such Lot; (3) The location, size, date of installation, and status of all non-complying Signs on the property, if applicable. (4) The design parameters for the City Center Sign District, in accordance with (B) below, including overall parameters and the design and location of any proposed individual Signs. (5) The location and specifications of all proposed light fixtures and lighting elements, including cut sheets if applicable. (1)(6) A proposed general design for any Incidental and Directional Signs on the property, other than those with designs prescribed by law. (B)(C) Standards for Design Review. The parameters for the erection, alteration or relocation of any signSign, except for tTemporary, Window and exempt signSigns, located within the Dorset Street/City Center Sign District, as depicted on the above referenced planmap, shall require design approval by the Code Officer or South Burlington Design Review Committee and Development Review Board. Such design approval shall be required prior to issuance of a signSign permit by the Code Officer. In reviewing an application for design approval, the Design Review Committee and Code Officer or Development Review Board shall consider the following: (1) Consistent Design: the design of a signSign shall consider and be compatible and harmonious with the design of buildings on the property and nearby. The design of all signSigns on a property shall promote consistency in terms of color, graphic style, lighting, location, material and proportions. (2) Promote City Center Goals: signSigns shall be designed and located in a manner which reinforces and respects the overall stated goals of the signSign district and City Center chapter of the Comprehensive Plan, including a high aesthetic quality and pedestrian orientation. (3) Color and Texture: the color and texture of a sign shall be compatible and harmonious with buildings on the property and nearby. The use of a maximum of three (3) predominant colors is encouraged to provide consistent foreground, text and background color schemes. (3) Materials Used: signSigns shall be designed and constructed of high-quality materials complimentary to the materials used in the buildings to which the signSigns are related (4) Multi-Tenant Buildings. Wall signSigns attached to multi-tenant buildings shall contain a consistent mounting (for example, cut out letters, lettering on raceway, etc.) and shall have consistent lighting where lighting is proposed. Multi-tenant buildings shall display no more than two styles of Wall Signs at any one time. Where permitted, Free-Standing Signs associated with multi-tenant buildings shall use signs of the same size and color design (C) Directory Signs. In the Dorset Street/City Center Sign District, the City of South Burlington will establish a uniform Directory Sign System to be constructed and maintained by the City in the public right of way at designated locations and designed to serve businesses, offices and entities which share a curb cut, building or group of buildings. All businesses, offices, services, agencies and entities which share an entry or property are entitled to participate in this system for a fee as established and adopted by the City Council and included as part of the Schedule for Permit Fees. The fee will cover the initial cost of sign panel fabrication for the individual entity, as well as an appropriate percentage of the maintenance and management costs for the directory sign. Any business or entity participating in this directory sign system is allowed to do so without losing any of its total permissible sign area. Signs on this directory, therefore, will be in addition to the allowable sign area for the participating business or entity. Commented [PC3]: Do we want every sign to go to the DRB? Commented [MG4R3]: No! none to DRB, but power to kick it there if need be SIGN ORDINANCE 12 City of South Burlington Ordinance DRAFT 2019-11-15 (D) Entry Signs. In the Dorset Street/City Center Sign District, entry signs which contain the words "enter" or "exit" and or related/similar wording are permitted as ground mounted or post-mounted signs and are not to exceed three (3) square feet. Included on these signs may be a reference to a business or office or building only where that business is not directly served by a curb-cut at the property itself and shares a curb-cut with another or multiple businesses or entities, and when this circumstance occurs the total area of one side may not exceed four (4) square feet. Such entry signs shall be allowed in addition to permitted free-standing and directional signs for the property. It is also desirable to coordinate lettering and design of these signs with the overall signage for the property it serves. (E)(D) Establishments Selling Gasoline. Establishments selling gasoline located within the Dorset Street/City Center Sign District shall be subject to all provisions of Section 221 of this Ordinance, and also shall be subject to the design review standards of this Section 65. SECTION 76. Application for Sign Permit (A) Except as otherwise provided, all applications for the Dorset Street/City Center Sign District shall follow the procedure for Master Signage Permits set forth in Section 87 of this Ordinance. (B)(A) Applications for all other signSign permits shall be made upon forms provided by the Code Officer, and shall have attached thereto the following information and such other information pertaining to the proposed signSign as the Code Officer may reasonably require. (1) Name, address and telephone number of applicant and property owner. (2) Location of building, structure, or lot to which, or upon which, the signSign is to be attached. (3) Position of the signSign in relation to nearby buildings or structures. (4) Plans (drawn to scale) and specifications including size and color of the signSign and its various parts, the style of letter, material of which signSign is to be constructed, and the method of attachment to the buildings or in the ground. (5) A color sketch of the signSign and building as they would appear in relation to each other. (6) Statement as to method of illumination and intensity of the signSign. (7) If required by the Code Officer, a copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and Ordinances of the City. (8) Name, address and telephone number of personPerson erecting the signSign. (9) Written consent of the owner of the building, structure, and land to which or on which the signSign is to be erected. (C)(B) Except as provided in sub-section (d) below, within ten thirty (1030) working days after receipt of all of the foregoing information, together with the permit fee specified in Section 54 hereof, the Code Officer shall review the application for compliance with this Ordinance and shall render a decision to approve or disapprove the application. In rendering a decision, the Code Officer shall determine whether the application complies with the requirements of this Ordinance, is compatible with surrounding architecture and uses, and does not create an adverse effect on the scenic or aesthetic quality of the area. In making his determination the Code Officer shall review each application in light of the purposes of this Ordinance and applicable design standards. . When the Code Officer deems it necessary, an architect may be retained to assist in the review of individual applications, at the applicant's sole cost and expense. SIGN ORDINANCE 13 City of South Burlington Ordinance DRAFT 2019-11-15 (D)(C) If the Code Officer determines that the application for the signSign does not comply with all provisions of this Ordinance, the Code Officer shall, within the period noted above, notify the applicant in writing of the decision to disapprove the application, which notice shall include a statement of reasons for disapproval, and shall refund the permit fee in full. Such statement shall include a description of the manner in which the application can be brought into conformance with these regulations. If an application is approved, a permit shall be issued and forwarded to the applicant within the time period noted above. SECTION 87. Master Signage PermitsDesignation (F) At such time as a new or amended permit is sought after the effective date of this Ordinance, all properties in the Dorset Street/City Center Sign District seeking a signSign permit or permits and all multi-tenant buildings or multi-building complexes located wholly or partially within the R7-NC district shall submit a complete, new application for a Master Signage Permit Designation to the Design Review CommitteeDevelopment Review Board, irrespective of the status of past approvals. The new Permit Designation shall not invalidate the provisions of any existing approval, exemption or agreement with respect to signage; rather, it is instead intended to clarify the approved parameters for signage subject to a Master Signage PermitDesignation. Upon approval of a new Master Signage PermitDesignation, permittees shall use the review and amendment procedures set forth in this Section. (G) In the Dorset Street/City Center Sign District, no permit shall be issued for an individual signSign requiring a permit unless and until a Master Signage Permit Designation for the Lot on which the signSign(s) will be erected has been approved as conforming with the provisions of this Ordinance. In the case of a planned unit development (PUD), a Master Signage Permit Designation shall be required for the entire PUD. An owner of a multi-tenant building or multi-building commercial property located anywhere outside the Dorset Street/City Center Sign District, and a sponsor of a project involving Interpretive Signage or Wayfinding, also may apply for a Master Signage Permit Designation as provided herein. (H) For any Lot on which the owner proposes to Erect one or more signSigns requiring a permit, the owner shall submit an application for a new or amended Master Signage Permit Designation containing the following information: (2) An accurate plot plan of the Lot, at such scale as the Code Officer may reasonably require; (3) Location of buildings, parking Lots, driveways and landscaped areas on such Lot; (4) Computation of the maximum area, number and height of signSigns, by signSign type (i.e., free- standing, Wall, etc.) allowed on the property under this Ordinance, and computation of the area and height of each signSign proposed for the property; (5) The location, size, date of installation, and status of all non-complying signSigns on the property, if applicable. (6) The design parameters for the Master Signage PermitDesignation, in accordance with (Dd) below, including overall parameters and the design and location of any proposed individual signSigns. (7) The location and specifications of all proposed light fixtures and lighting elements, including cut sheets if applicable. (8) A proposed general design for any Incidental and directional signDirectional Signs on the property, other than those with designs prescribed by law. (I) Design. Commented [PC5]: Notes: 1.Cathy: if we get it right, should be required citywide 2.Paul – consistency of mounting, lighting, sizing, and location on a building 3.Cathy – not good = clutter & visual distraction. 4.Cathy – sign band 5.Cathy – how to simplify and keep the aesthetic. Commented [MG6R5]: I think the MSP process is tedious and superflous and should go away Commented [PC7]: This is an impossible task; tenants come and go and wall signage is based on tenants. SIGN ORDINANCE 14 City of South Burlington Ordinance DRAFT 2019-11-15 (1) The initial application for a Master Signage Permit Designation shall establish a consistent set of parameters for the shapes, materials, foreground and background color schemes, typefaces, sizes, installations and signSign types to be utilized for a property and shall include color illustrations thereof. (2) Applicants are strongly encouraged to specify parameters that will lead over time to creating a strong consistency of shape, foreground and background color scheme, typeface, size, and installation in order to ensure that all signage on a property is in accordance with the goals of the Dorset Street/City Center Sign District. (3) All Master Signage Permit Designation applications shall specify how one or more of these graphic elements will be used to relate all of the signSigns to each other visually. (4) Applicants may request a review and approval of a range of potential sizes for individual signSigns, so that an application for an individual signSign of approved materials, color and design that is within an approved size range will require only approval of the Code Officer. (J) Other Provisions of Master Signage PermitsDesignations. (1) The property owner of record shall be the principal permittee for a Master Signage PermitDesignation. (2) The Master Signage Permit Designation may contain such other restrictions as the owners of the Lots may reasonably determine. These provisions, upon granting of a signSign permit to the applicant, become incorporated into the permit and are applicable for the duration of the permit. (K) Review and Approvals. (1) The Design Review CommitteeDevelopment Review Board shall review the initial application for a Master Signage Permit, or for an amendment of a Master Signage PermitDesignation. Such application must be made and signed by the property owner. Upon a recommendation for approval by the Design Review Committee, the Development Review Board shall review and act upon the application for an initial Master Signage Permit or amendment thereof. (2) Subsequent applications for individual signSign permits pursuant to a Master Signage Permit DEsignation may be made by tenants, with a property owner signature required for applications. Such applications made pursuant to a valid Master Signage Permit shall not require review by the Design Review Committee. The Code Officer shall review each application for its consistency with the approved design and dimensional parameters in the Master Signage PermitDesignation, and for consistency with the applicable dimensional and administrative standards in this Ordinance. Copies of the Code Officer's permit or denial shall be sent to the property owner and to the applicant, and shall become part of the Master Signage Permit. (L) Amendment. Amendment of a Master Signage PermitDesignation, as opposed to approval of signSigns by the DRC and Code Officer subject to an existing, effective Master Signage Permit, shall require approval by the Design Review Committee and Development Review Board in the same manner as for a new Master Signage PermitDesignation. (M) Existing Non-Conforming Signs on Properties Subject to Master Signage PermitsDesignation (1) The non-conforming status of other signSigns on the same property or subject to the same Master Signage Permit Designation shall not prevent individual tenants from making applications for individual signSign permits in accordance with a valid Master Signage PermitDesignation. (2) Alteration of Non-Conforming Signs. Where there is any change to a non-conforming signSign, a permit must be obtained from the Design Review Committee and Code Officer. To gain approval the signSign must be brought into full compliance with the provisions of the Master Signage Permit Designation for the Commented [PC8]: Review for what we want. Commented [PC9]: Review. Mounting, lighting format, and placement of wall signs? Commented [PC10]: This should be a plan, not a future possibility. Commented [PC11]: This is odd. Commented [MG12]: Edi this re: process: Review by AO who shall have the authority to refer to DRB Commented [PC13]: This is a distinction without a difference. Commented [PC14]: This is confusing. SIGN ORDINANCE 15 City of South Burlington Ordinance DRAFT 2019-11-15 property on which it is located and all other applicable provisions of this Ordinance. Routine maintenance of non-complying signSigns may be done provided there is no change at all to the color, shape, size, lighting, materials, or any other design or physical feature of the signSign. (N)(E) Binding Effect. An approved Master Signage DesignationPermit shall be binding upon and run with the land. No signSign shall be erected, placed, painted or maintained except in conformance with such Permit, and such Permit may be enforced in the same way as any provision of this Ordinance. In case of any conflict between the provisions of such Permit and any other provisions of this Ordinance, the Ordinance shall control. SECTION 98. Free-Standing Signs Free-standing signFree-Standing Signs are permitted only in accordance with the following provisions:. (A) All free-standing signFree-Standing Signs and the premises surrounding same shall be maintained by the owner thereof in a clean, sanitary and inoffensive condition, and free and clear of all obnoxious substances, rubbish and weeds. Free-standing signFree-Standing Signs shall be so designed as to be self-supporting without the need for guy wires, cables, chains, lines, or other similar ancillary supports. (B) Number of Signs Per Lot. The maximum number of free-standing signFree-Standing Signs on a Lot shall be as follows: (1) Except as provided in Section 232(e) hereof and below, there shall not be more than one free-standing signFree-Standing Sign for each separate Lot, regardless of how many businesses or commercial entities are located on such Lot. (2) Lots on which the Development Review Board has granted approval for the development of the property with two (2) or more separate entrances to a public road shall be entitled to additional free-standing signFree-Standing Signs where: (a) each entrance is separated from each other entrance by a distance in excess of greater than three hundred (300) feet, as measured from center line to center line between the two entrances; and (b) the number of proposed free-standing signFree-Standing Signs for the property does not exceed the number of public road entrances that meet the standards set forth above; and (c) the proposed free-standing signFree-Standing Signs are located within twenty-five (25) feet of the approved entrances. (C) Lots on which a community garden is operated and maintained as an accessory use to a principal permitted use may have one (1) additional free-standing sign of no more than twenty-four (24) square feet, so long as such sign clearly advertises the community garden project and does not constitute an additional sign for the principal permitted use. Such sign may be displayed from May 1 through November 30 and shall require a sign permit. (D) Sign Location. No part of a free-standing signFree-Standing Sign shall be placed in such manner as to visually obstruct traffic. (1) No part of a free-standing signFree-Standing Sign which is forty (40) square feet or less in size shall be placed closer than five (5) feet tofrom any property line, subject to the following: (a) Public sidewalk or recreation path exists in public right-of-way: (i) Where the outer edge of the public right-of-way is less than five (5) feet from the outer edge of the public sidewalk or recreation path, no part of a free-standing signFree-Standing Sign shall be SIGN ORDINANCE 16 City of South Burlington Ordinance DRAFT 2019-11-15 placed closer than five (5) feet from the outer edge of the public sidewalk or recreation path. In no case shall a free-standing signFree-Standing Sign be placed closer than one (1) foot from the public right-of-way. (see illustration 9-1) (ii) Where the outer edge of the public right-of-way is five (5) feet or more from the outer edge of the public sidewalk or recreation path, no part of a free-standing signFree-Standing Sign shall be placed closer than one (1) foot from the right-of-way. (see illustration 9-2) (b) No public sidewalk or recreation path exists in public right-of-way: (i) Where the outer edge of the public right-of-way is less than eleven (11) feet from the outer edge of the Traveled Way, no part of a freestanding signSign shall be placed closer than five (5) feet from the right-of-way. (see illustration 9-3) (ii) Where the outer edge of the public right-of-way is eleven (11) feet or more, but less than fifteen (15) feet from the outer edge of the traveled way, no part of a free-standing signFree-Standing Sign shall be placed closer than sixteen (16) feet from the outer edge of the Traveled Way. (see illustration 9-4) (iii) Where the outer edge of the public right-of-way is fifteen (15) feet or more from the outer edge of the Traveled Way, no part of a free-standing signFree-Standing Sign shall be placed closer than one (1) foot from the right-of-way. (see illustration 9-5) (2) No part of a free-standing signFree-Standing Sign which is larger than forty (40) square feet in size shall be placed closer than twenty (20) feet to any property line. (2)(3) No free-standing sign shall be located within an area demarked as a designated Open SpaceCivic Space or Site Amenity on a plan approved under the Land Development Regulations, except as provided for in Section 8(C) [Community Gardens]. (E) Area of a Free-standing SignFree-Standing Sign. (1) The areaArea of a free-standing signFree-Standing Sign shall be the total area within the outer edge of the signSign, excluding the supporting structure, provided the total area of the supporting structure is within the limits set forth in subsection (eF) below. Any area of a support structure that exceeds the limits set forth in subsection (fFe) below shall be counted as signSign area (Illustrations 9-6 and 9-7). (2) A free-standing signFree-Standing Sign which is located on a lot of less than 40,000 square feet shall not exceed thirty-two (32) square feet in signSign area. (3) Except as provided in this subsection, a free-standing signFree-Standing Sign which is located on a Lot of 40,000 square feet or more shall not exceed forty (40) square feet in signSign area. A freestanding signSign on a Lot of 40,000 square feet or more may be eligible for additional signSign area in accordance with the following provisions. (a) A Lot which contains two hundred (200) or more feet of contiguous frontage on one public street and which contains 10,000 or more square feet of building area shall be eligible for additional signSign area above the forty (40) square foot maximum established in (3) above. The amount of additional signSign area shall be based on Lot frontage and/or building size as indicated in Table 9.1. In no case shall the maximum size of a free-standing signFree-Standing Sign area exceed eighty (80) square feet. (b) Approval of a signSign under this section shall be subject to the requirement that the Lot on which the signSign is located together with the building(s) thereon shall continue to meet the standards on which approval was granted. At the time of any alteration of Lot frontage or building size, the Code Officer shall SIGN ORDINANCE 17 City of South Burlington Ordinance DRAFT 2019-11-15 re-determine the allowable signSign area under regulations then in effect, and, if such regulations require a signSign with reduced signSign area, shall direct the property owner to install a signSign meeting such reduced signSign area requirement within three (3) months of such determination. (4) The maximum height of a free-standing signFree-Standing Sign shall be fifteen (15) feet, measured from the average finished grade at the base of the signSign to the highest portion of any part of the signSign structure. (5) For Lots which contain lawfully more than one (1) free-standing signFree-Standing Sign as provided in subsection (b) above and which qualify for a free-standing signFree-Standing Sign larger than forty (40) square feet as provided in (3) above, no more than one (1) free-standing signFree-Standing Sign on the Lot may exceed forty (40) square feet in size. (6) No signSign and/or support structure dimension shall exceed the other by more than five (5) times. In the Dorset Street/City Center Sign District, no dimension shall exceed the other by more than four (4) times. (7) In all districts, the depthDepth of the signSign and support structure shall not be visually disproportionate to the other dimensions of the signSign. (8) Area calculations shall exclude planters, provided such planters are no more than three (3) feet tall, no more than two (2) times the width of the signSign, have no advertising or logoLogos attached, and are used for plants and landscaping. Any area of a planter that exceeds three (3) feet in height or two (2) times the width of the signSign, and any planter that has advertising or logoLogos attached, shall be counted as signSign area. (F) Free-standing SignFree-Standing Sign Support Structures. The area of a signSign support structure shall not be included in calculating the areaArea of a free-standing signFree-Standing Sign, subject to the following limitations and provisions: (1) Support structures shall not incorporate or include any attachments, lettering, logoLogos, or graphics. Any support structure that includes attachments, lettering, logoLogos, or graphics, shall be counted as part of signSign area. (2) No support structure and no part of any support structure shall be internally illuminated. (3) For a free-standing signFree-Standing Sign with two (2) or more independent post supports, outside the width of the signSign area, supports of up to one (1) foot wide each shall be exempt from calculation of the area of the support structure. If the signSign and the support structure are less than six (6) feet in height at the highest point from the average finished grade, two supports up to two (2) feet wide each shall be exempt from calculation of the area of the support structure. (4) Notwithstanding the provisions of (23) above, for a free-standing signFree-Standing Sign and/or support structure with a combined height of up to ten (10) feet at the highest point from the average finished grade, the total area of the support structure may not exceed one hundred fifty percent (150%) of the areaArea of the signSign. If the support structure of such a signSign extends more than one (1) foot past the edge of the signSign, the total area of the support structure shall not exceed one hundred percent (100%) of the areaArea of the signSign (Illustration 9-8). (5) Notwithstanding the provisions of (23) above, for a free-standing signFree-Standing Sign and/or support structure with a combined height of more than ten (10) feet at the highest point from the average finished grade, the total area of the support structure shall not exceed one hundred percent (100%) of the areaArea of the signSign, and shall not extend more than one (1) foot horizontally in each direction beyond the horizontal edges of the signSign (Illustration 9-8). SIGN ORDINANCE 18 City of South Burlington Ordinance DRAFT 2019-11-15 SIGN ORDINANCE 19 City of South Burlington Ordinance DRAFT 2019-11-15 SIGN ORDINANCE 20 City of South Burlington Ordinance DRAFT 2019-11-15 (G) Additional Standards. All free-standing signFree-Standing Signs must meet the following additional standards: (1) All free-standing signFree-Standing Signs are to be designed and constructed of suitable materials and erected and located in a manner which reinforces and respects the overall stated goals of this Ordinance. (2) All free-standing signFree-Standing Signs shall have a base condition that is landscaped in an aesthetically pleasing or appropriate manner with hardy plant materials and/or elements that will remain attractive throughout the year, or finished in such a manner, whether in groundcover, lawn or hard surfaces so as to be appropriate and maintained for the entire year in an attractive manner. Such landscaping may be planted in the ground at the base, or may be in planters, provided the planters are fixed to the ground or signSign. Table 9.1 Free-Standing Signs - Additional Sign Area Criterion Additional Sign Area (In Square Feet) Frontage: 250' - < 300' 5 300' - < 350' 10 350' - < 400' 15 400' - < 450' 20 450' - < 500' 25 500' - < 550' 30 550' - < 600' 35 600' and more 40 Building Size (square feet): 25,000 - < 50,000 10 50,000 - < 75,000 20 75,000 - <100,000 30 100,000 and more 40 * Example - A 43,000 square foot building on a Lot with 325 feet of frontage would be entitled to a 60 square foot free-standing signFree-Standing Sign (40 square foot signSign area allowance + 10 square foot frontage allowance + 10 square foot building size allowance = 60 square feet). * Example - A 76,000 square foot building on a Lot with 210 feet of frontage would be entitled to a 70 square foot free-standing signFree-Standing Sign (40 square foot signSign area allowance + 0 square foot frontage allowance + 30 square foot building size allowance = 70 square feet). (3) Signs or emblems indicating membership in national or regional organizations, including credit card signs, or informing the public that gifts, trading stamps, or similar promotional items are available on the premises, shall not be separately fastened to the outer edge or support structure of the principal sign. Such features shall be displayed against the principal sign face. SIGN ORDINANCE 21 City of South Burlington Ordinance DRAFT 2019-11-15 (4)(3) Street names and numbers may be affixed to a free-standing signFree-Standing Sign or its support structure and shall be exempt from area calculations so long as the letters do not exceed three (3) inches in height and numbers do not exceed six (6) inches in height. Illustration 9-6 Area of a Free-Standing Sign SIGN ORDINANCE 22 City of South Burlington Ordinance DRAFT 2019-11-15 Illustration 9-7 Area of a Free-Standing Sign SIGN ORDINANCE 23 City of South Burlington Ordinance DRAFT 2019-11-15 Illustration 9-8 Base and Sign Area Ratios SIGN ORDINANCE 24 City of South Burlington Ordinance DRAFT 2019-11-15 (5)(4) Free-standing signFree-Standing Signs may not have changeable message areas unless required by the nature of the business or other approved land use itself, such as theaters, churches and other housesplaces of worship, public and independent educational facilities accredited by the State of Vermont for elementary, secondary and higher education, motels and hotels, conference facilities, and establishments deriving a majority of their income as venues for the performing arts, and subject to the discretion and approval of the Code Officer. Any such changeable message area may not exceed eighty percent (80%) of the allowable sign area, and the dimensions and location thereof must be specified when an application for a signSign permit is made. (H) Dorset Street/City Center Sign District. Free-standing signFree-Standing Signs along Dorset Street are to be located in a signSign corridor that begins adjacent to the road Right of Way and runs sixteen (16) feet from the edge of the Right of Way toward the building face. In those instances where dimensions do not provide for a two (2) foot setback from the Right of Way before a signSign support post can be located, it is permitted to Erect a centered single pole mounted signSign of which the road side edge of the signSign is directly outside the R.O.W. line. Free-standing signFree-Standing Signs in the Dorset Street/City Center District may not exceed thirty-two (32) square feet in overall dimensions and may be no higher than twelve (12) feet, measured from the average finished grade at the base of the signSign to the highest point of any part of the signSign structure. (1) (1) After September 1, 2015******, new Free-Standing Sign structures in the City Center Sign District shall only be permitted within sixteen (16) feet of the edge of the Dorset Street, Kennedy Drive, Patchen Road, San Remo Drive, White Street, and Williston Road rights-of-way. Any existing Free-Standing Sign structure lawfully in existence on or before September 1, 2015 in the City Center Sign District, may be normally maintained, repaired, or replaced in the same location. Any replacement of Signs within the Sign structure shall be in accordance with the standards of the District. (2) After ******, no Free-Standing Signs shall be permitted in the City Center Sign District except where explicitly provided for in Article 8.H.1 above. (I) Additional free-standing signFree-Standing Signs for permitted drive-through establishments. Lots with an automobile service use or a permitted drive-through facility, including car washes, banks, and drive-through retail and restaurant establishments, may have one (1) Free-Standing menu board signSign in addition to one (1) free-standing signFree-Standing Sign permitted in accordance with this Section. A menu board signSign shall not exceed forty-eight (48) square feet in overall size, including cladding and support structure, and shall not exceed six (6) feet in height at any point. The text and graphics on the menu board shall not be legible from a public roadway. Landscaping or other suitable screening shall be used to screen the menu board generally from nearby public roadways, paths and sidewalks. (J) Multi-tenant buildings and multi-building complexes in the R7-NC zoning district. Notwithstanding provisions to the contrary elsewhere in this ordinance, a multi-tenant building or multi-building structure under common management and ownership which is located wholly or partially within the R7-NC zoning district, and which has more than one approved curb cut onto a public roadway, may have one (1) free-standing signFree- Standing Sign of up to forty (40) square feet and one (1) additional free-standing signFree-Standing Sign per additional approved curb cut onto a public roadway, with any such additional signSigns not exceeding twenty (20) square feet in area and twelve (12) feet in height. The signSign areaArea of the free-standing signFree-Standing Signs may be designed and used in whole or in part as a directory for the tenants or services contained within the building or complex. (1) Commented [MG15]: For clarity - do we want to push all free- standing signs towards the road or away from it? I'm imagining walking down Williston road in ten years with signs all pressed up against the sidewalk... Commented [MG16]: Make another subsection prohibiting free-standing signs on Market/Garden/etc streets - internal city center area Commented [MG17]: Should these standards be duplicated or referenced in Article 5 (City Center)? SIGN ORDINANCE 25 City of South Burlington Ordinance DRAFT 2019-11-15 SECTION 109. Wall Signs Wall signSigns shall be permitted only in accordance with the following provisions: (A) Number of Wall signSigns. The allowable number and areaArea of Wall signSigns shall be as set forth in Table 10-1 below. (B) Single-tenant buildings and single-building properties. Area of Wall signSigns. (1) Except as otherwise provided in this Ordinance, the total areaArea of all Wall signSigns shall not exceed five percent (5%) of the area of the Principal publicPublic faFaçade of the building or one hundred (100) square feet, whichever is smaller. (2) In no case shall any individual Wall signSign exceed fifteen percent (15%) of the area of the façade to which it is attached. (C) In the Dorset Street/City Center Sign District, Wall signSigns may not project above the roof or parapet of a building nor below the top of any first floor doorway unless permitted through the design review approval process.. (D) It shall be unlawful for any personPerson to Erect, alter, maintain or relocate any Wall signSign that covers, wholly or partially, any Wall opening or to Erect, alter, maintain or relocate any Wall signSign that projects beyond the ends or top of the Wall to which it is attached. A Wall opening is any opening exclusively provided for a Window, door or removable panel. (E) Multi-tenant buildings and multi-building properties (1) Lots on which there is located commercial development consisting of two (2) or more distinct and separate businesses ("multi-tenant buildings" or "multi-building properties") shall be entitled to additional Wall signSigns whose allowable area and number shall be in accordance with the formula set forth in Table 10-1. (2) In a multi-tenant building, there shall be a maximum of two (2) Wall signSigns per individual tenant. The maximum area of an individual Wall signSign shall be five percent (5%) of the individual tenant's storefront area, calculated as shown in Illustration 10-1, or one hundred (100) square feet, whichever is smaller. (3) Owners of multi-tenant buildings and multi-building properties located outside of the Dorset Street/City Center Sign District shall have the option to obtain a Master Signage Permit Designation from the Development Review Board, in accordance with Section 87 of this Ordinance. Once a Master Signage Permit Designation is obtained, all changes to signage for that property shall be reviewed in accordance with the provisions of Section 8 7of this Ordinance. Multi-tenant buildings for which there is a valid Master Signage Permit Designation may increase the maximum allowable area of all Wall signSigns and individual tenant signSigns as provided in Table 10-1. A property owner choosing this option may shall be responsible for allocatinge the allowable area of Wall signSigns among individual tenants in a manner which variesous from the maximum per tenant. Any such allocation shall be submitted as part of a Master Signage Permit application. (F) Areas of Walls within which paint, lighting or other treatments are used to highlight or enclose an area of Wall on which cutout letters or other signSigns are installed shall be deemed to be part of the Wall signSign for all intents and purposes of this Ordinance, and shall be subject to all applicable provisions of this Ordinance. (F)(G) Areas of Walls or facades that are translucent and lit in a manner that reinforces the brand of one or more tenants shall be deemed to be a Wall Sign for all intents and purposes of this Ordinance, and shall be subject to all applicable provisions of this Ordinance. Commented [PC18]: Per what? Building or tenant? Commented [MG19R18]: This section is specifically in regards to single-tenant buildings, so I don't think it matters? Commented [PC20]: Is there a process for this? Commented [PC21]: Why is it individual for multi-tenant and total for single-tenant? Commented [MG22R21]: It is 100 square feet for any tenant, anywhere - in a single-tenant building the total area allowed is the same as the per-tenant area allowed Commented [PC23]: Allow option. 5%/100 sf per tenant storefront plus up to 2 signs of 100 s.f. total for the building itself Single mounting system and lighting OR 5% of total of building with any individual sign not exceeding 100 s.f., to be allocated across all tenants & users Commented [PC24]: Does this cover the dealerships? SIGN ORDINANCE 26 City of South Burlington Ordinance DRAFT 2019-11-15 (H) A Wall signSign shall not project from the Wall in excess of nine (9) inches, except for raceway signRaceway Signs. A raceway signRaceway Sign may project up to fifteen (15) inches from the Wall to which it is attached (G) Any wall or other element of a building that is transluscent and lit in a manner that reinforces the brand of one or more tenants shall be deemed a sign. (H) A lot containing two structures devoted to separate and unrelated uses in existence prior to February 6, 1995 shall be subject to the following provisions: (1) If the Lot does not contain a free standing signSign, each structure shall be entitled to Wall signSigns in accordance with subsections (a) and (b) above. (2) If the Lot contains a free standing signSign which identifies the uses located in both structures, each structure shall be entitled to two Wall signSigns as authorized by subsections (a) and (c) above. Table 109-1 Area of Wall Signs Type of building, signage and permit Basis for total area of all Wall signSigns Maximum area of an individual wall signMaximum percent of a building that can contain an individual signSign Additional regulations for multi-tenant buildings and multi-building lots Single-tenant building with Free-Standing and/or landscape feature signLandscape Feature Sign(s) 5% of Principal Public faFaçade or 100 SF, whichever is smaller 15% of façade to which it is attached or 100 SF, whichever is smaller Up to 2 3 three (3) Wall signSigns per individual building Single-tenant building, NO Free-Standing or landscape feature signLandscape Feature Sign(s) 10% of Principal Public faFaçade 15% of façade to which it is attached or 100 SF, whichever is smaller Up to 23 Wall signSigns per individual building Multi-tenant building or multi-building lot, no master signage permit, with Free-Standing signSign or landscape feature signLandscape Feature Sign(s) No set limit; max. area determined by sum of allowable individual Wall signSigns for each tenant 15% of façade to which signSign is attached, 5% of individual tenant storefront area, or 100 SF, ● Up to 2 Wall signSigns per tenant ● Signs may be attached to one or two building facçades ● See calculation of storefront area, Illustration 10-1 Commented [PC25]: Does this make sense to add, and should we move it to definition of sign? Commented [MG26R25]: Good question - maybe move to definitions if we do in fact want to keep this edit Commented [PC27]: Propose to eliminate. There’s been plenty of time for people to get their free-standing signs. See below under granfathering. Commented [PC28]: Remove connection between freestanding and wall signs. Allow perpendicular where no free- standing. SIGN ORDINANCE 27 City of South Burlington Ordinance DRAFT 2019-11-15 whichever is smaller Multi-tenant building or multi-building lot, no master signage permit, NO Free-Standing or landscape feature signLandscape Feature Sign(s) Total area per building based on individual tenant signage 15% of façade to which signSign is attached, 5% of individual tenant storefront area, or 100 SF, whichever is smaller ● Up to 2 signSigns per tenant ● Signs may be attached to one or two building facçades ● See calculation of storefront area, Illustration 10-1 Multi-tenant building or multi-building lot with a master signage permit in any district, including Dorset Street/City Center Sign District, with Free-Standing or landscape feature signLandscape Feature Sign(s) 10% of Principal Public faFaçade of each building 15% of façade to which it is attached or 100 SF, whichever is smaller ● Up to 2 signSigns per tenant; ● Signs may be attached to as many façades as have an actively used public entrance ● Property owner must may divide up signage area among tenants Multi-tenant building or multi-building lot with a master signage permit in any district, including Dorset Street/City Center Sign District, NO Free-Standing or landscape feature signLandscape Feature Sign(s) 15% of Principal Public faFaçade of each building 15% of façade to which it is attached or 100 SF, whichever is smaller ● Up to 2 3 signSigns per tenant ● Signs may be attached to as many facçades as have an actively used public entrance ● Property owner must divide up signage area among tenants Illustration 10-1: Example of the Calculation of Storefront Area. Commented [PC29]: Remove link between free-standing and wall signs. Commented [PC30]: Remove link between free-standing and wall signs. SIGN ORDINANCE 28 City of South Burlington Ordinance DRAFT 2019-11-15 (1) Areas not perpendicular to the ground are NOT included in the storefront area. (2) Projecting areas perpendicular to the ground ARE included in the storefront area. (3) Storefront area (shaded) = [(1/2)(w) x (h)] + [(w1) x (h1)] (3) (4) If the Lot contains a free standing signSign that only identifies the use or uses located in one structure, the structure containing the use or uses identified on the free standing signSign shall be entitled to free standing signSigns as authorized by subparagraphsubsections (a) and (c) above, and the structure containing uses not identified on the free standing signSign shall be entitled to no more than three (3) Wall signSigns with a total area not exceeding ten percent (10%) of the area of the Principal Public faFaçade of the structure. No Wall signSign shall exceed five percent (5%) of the total allowable signSign area and no more than one (1) Wall signSign shall be placed on any one (1) façade of the structure. SECTION 110. Directory and Entryway Signs (A) Directory and Entryway Signs Allowed. In instances where it is desirable to list multiple stores or offices within one complex, or to identify a publicly-used entrance to a shopping center under single management, one (1) additional directory sign of no more than eight (8) square feet in total area may be attached to a Wall or to the face of a Free-Standing signFree-Standing, within the perimeter of the sign, in a suitable location to allow visitors, once within the property, to receive direction to a particular location. Projecting overhang areas are included within the calculation of storefront area; signage may be attached to these areas (1) (2)(2) hh w w1 h1 Commented [PC31]: How is the different from a free-standing sign? Are there any properties using this? Is this additional sign area like the Blue Mall, B&N, and the one on Shelburne Road? Can we delete? Commented [MG32R31]: Agreed; this seems like a confusing sub-category of free-standing signs. Also confusing to distinguish this from a directional sign. SIGN ORDINANCE 29 City of South Burlington Ordinance DRAFT 2019-11-15 (A) One (1) entryway sign identifying the a shopping center may be affixed to the Wall at each publicly-used entrance. These directory and entryway signs are not to compete with any advertising or informational signs designed to be visible from the Traveled Way. (B) In multi-tenant buildings or multi-building structures under common management and ownership located wholly or partially within the R7-NC zoning district, and with more than one approved curb cut onto a public roadway, one (1) entryway signSign may be affixed to the Wall at each entrance identifying the offices or businesses accessible through the entry, or identifying the entryway as "staff only," restricted, or such other directional guidance as is necessary for the appropriate function of the complex. Such signSigns shall not exceed three (3) square feet in size. In addition, one (1) Free-Standing directory signSign of up to fifteen (15) square feet OR one (1) Wall directory signDirectory Sign of up to twenty (20) square feet may be erected at each active publicly-used entryway. For any such Wall signSigns, the provisions of Section 11subsection (cC) below shall apply. (C) Directory and Entryway Signs Attached to Walls. The area of a directory or entryway signSign affixed to a Wall shall be included in the calculation of the total allowable area of Wall signSigns for the building or property to which it is affixed, but shall not count against the total number of Wall signSigns allowed for the building to which it is affixed. (D) Directory Signs Attached to Free-Standing Signs. Directory signs attached to the face of a free-standing sign within the perimeter of the sign area shall not be counted as additional sign area. SECTION 121. Incidental and Directional Signs (A) Incidental Signs. (1) Incidental signIncidental Signs may use a typestyle and/or color consistent with the signage of the business or tenant to which they are related, but shall not otherwise advertise or draw attention to the business or tenant. (2) The use of logoLogos or trademarks on incidental signIncidental Signs shall be prohibited. (3) Incidental signIncidental Signs shall not exceed four (4) square feet each. (4) Incidental signIncidental Signs attached to the facçades of buildings are limited to one (1) signSign per service bay or entry door indicating entry, exit, or other similar service or identification. Such incidental signIncidental Signs shall not count towards the maximum total number of Wall signSigns allowable for the building to which they are attached, but shall count towards the maximum total area of Wall signSigns allowable for the building to which they are attached. (5) The number, placement and size of incidental signIncidental Signs shall not be, in the determination of the Code Officer, excessive. Such a determination shall include a consideration of factors such as, but not limited to, the nature of the business or operation involved, the volume of traffic to be directed, and the configuration of the buildings and improvements on the site. (B) Directional Signs. (1) Directional signDirectional Signs shall generally be exempt from the provisions of this Ordinance, in accordance with Section 232. (2) Directional signDirectional Signs may include the name or logoLogo of the business to which they are related. Applicants are encouraged to use a logoLogo, typestyle and/or color consistent with the signage of the business or tenant to which they are related. Commented [PC33]: Think about this. SIGN ORDINANCE 30 City of South Burlington Ordinance DRAFT 2019-11-15 (3) Directional signDirectional Signs shall not be considered additional Wall or free-standing signFree- Standing Signs. (4) Directional signDirectional Signs shall be sufficient to direct traffic safely, and shall not, in the determination of the Code Officer, be excessive. Such a determination shall include a consideration of factors such as, but not limited to, the nature of the business or operation involved, the volume of traffic to be directed, and the configuration of the buildings and improvements on the site. (5) Lettering on a directional signDirectional Sign shall not exceed six (6) inches in height. (6) Number and size of directional signDirectional Signs: (a) For properties of less than ten (10) acres in size, the number, and placement and size of directional signDirectional Signs shall not exceed one (1) per curb cut or driveway entrance to a property or a maximum of three (3), whichever is less. No such directional signDirectional Sign shall exceed three (3) square feet in area. No such directional signDirectional Sign shall have its upper-most point more than be more than five (5) feet in heightabove the post-construction grade. (b) For properties ten (10) acres or more in size, the number of directional signDirectional Signs shall not exceed one (1) per two (2) acres of property area, to a maximum of eight (8) directional signDirectional Signs. Not more than one (1) directional signDirectional Sign shall be placed within twenty-five (25) feet of each curb-cut or driveway entrance. No directional signDirectional Sign shall exceed ten (10) square feet in size, and no more than half (rounded up) of the maximum allowable number of directional signDirectional Signs shall exceed three (3) square feet in size. No directional signDirectional Sign less than or equal to three (3) square feet in size shall be more than five (5) feet in height, and no directional signDirectional Sign larger than three (3) square feet in size shall be more than ten (10) feet in height. (7) No directional signDirectional Sign shall be placed closer than five (5) feet from a property line. No directional signDirectional Sign that is greater than three (3) square feet in size shall be located closer than fifty (50) feet from a property line. SECTION 132. Signs in Residential Areas (A) Non-residential uses in residential zoning districts. There shall be no signSigns in a residential districtResidential District (as so classified under the South Burlington Land Development Regulations as presently in force or hereafter adopted and amended from time to time), except that one (1) signSign may be erected and maintained for a Lot on which a valid non-residential use exists under South Burlington Land Development Regulations, provided that the signSign does not exceed twenty (20) square feet, or thirty (30) square feet when located on a Lot having frontage on Airport Drive, or forty (40) square feet when located on a Lot of at least two (2) acres having frontage on Dorset Street or Hinesburg Road within the Southeast Quadrant Zoning District. (B) Multi-tenant or multi-building complexes located partially within the R7-NC zoning district. For purposes of this Ordinance only and notwithstanding Section subsection 13(aA) above, multi-tenant buildings or multi- building structures under common management and ownership which are located wholly or partially within the R7-NC zoning district, and which have more than one approved curb cut onto a public roadway, shall be considered to be in a non-residential zoning district irrespective of the zoning of the portion of the property lying outside the R7-NC zoning district. (C) Educational facilities in the Residential 4 and SEQ zoning districts. Notwithstanding Section subsection 13(aA) above, a public or private educational facility accredited by the State of Vermont to provide elementary or secondary education may erect and maintain one (1) freestanding signSign of with a signSign area of up to thirty- SIGN ORDINANCE 31 City of South Burlington Ordinance DRAFT 2019-11-15 two (32) square feet, which may include a changeable message area consistent with the provisions of Section 98(g)(5) above. (D) Home Occupations. Notwithstanding any provision herein to the contrary, a signSign identifying a home occupation as defined by the South Burlington Land Development Regulations as presently in force or amended from time to time in a residential districtResidential District shall not exceed two (2) square feet. (E) Bed and Breakfast Establishments. Notwithstanding any provision herein to the contrary, a sign identifying a bed and breakfast as defined by the South Burlington Land Development Regulations as presently in force or amended from time to time in a residential district shall not exceed four (4) square feet when located on a Lot fronting on a street or road having a maximum posted speed limit of 25 miles per hour or less, or eight (8) square feet when located on a Lot fronting on a street or road where the maximum posted speed limit is in excess of 25 miles per hour. (F)(E) Signs Identifying Residential Complexes. Notwithstanding any provisions herein to the contrary, one (1) identification signSign not exceeding twenty (20) square feet for purposes of identifying a single residential complex is permitted in a residential districtResidential District. (G) Signs Identifying Dental or Medical Clinics. Notwithstanding any provisions herein to the contrary, one (1) identification signSign not exceeding twenty (20) square feet for purposes of identifying a dental or medical clinic is permitted in a residential districtResidential District. SECTION 143. Landscape Feature Signs (A) In all districts in the City, a landscape feature signLandscape Feature Sign may be utilized in place of a free standing signSign on any Lot eligible for a free-standing signFree-Standing Sign. On Lots eligible for multiple free- standing signFree-Standing Signs, multiple landscape feature signLandscape Feature Signs may be allowed in accordance with the regulations for multiple free standing signSigns. (B) A landscape feature to which a signSign is proposed to be attached must be approved by the South Burlington Development Review Board (DRB) Code Officer as part of its issuance of a permit for the Lot on which the signSign is proposed. Upon approval by the DRB of athe landscape feature, the Code Officer may issue a signSign permit for the use of the Landscape Feature as a signSign in accordance with the dimensional and administrative requirements of this Ordinance. (C) Location. No signSign may be attached to a landscape feature that is closer than five (5) feet to any property line at any point. No signSign larger than 40 square feet may be attached to a landscape feature that is closer than 20 feet to any property line at any point. (D) A landscape feature signLandscape Feature Sign shall consist of either individual cut-outCut-Out Letters and/or a cut-outCut-Out logoLogo, or an inset signSign, either of which shall be permanently attached to or set into an approved landscape feature. (E) The individual cut-outCut-Out Letters and/or logoLogo, or the inset signSign, shall not project above the top of the landscape feature at any point. (F) The total area of the cut-outCut-Out Letters and/or logoLogo, or the inset signSign, may not exceed the maximum area of a free-standing signFree-Standing Sign (excluding any support structure) that would be allowable for the same Lot. (G) No landscape feature to which a signSign is attached may exceed six (6) feet in height from finished grade at any point, or four (4) feet in average height, from the finished grade at the base of the landscape feature. Commented [PC34]: This standard seems to conflict with A above and be content-based. Commented [MG35R34]: Agreed, happy to take out with this round of edits if you concur Commented [PC36]: This seems to be redundant to A above. Commented [MG37R36]: Agreed, happy to take out with this round of edits if you concur Commented [MG38]: Still wanting to make this change as part of this round of edits? SIGN ORDINANCE 32 City of South Burlington Ordinance DRAFT 2019-11-15 The Development Review Board may allow up to aA maximum of seven (7) feet in height from finished grade and up to a maximum of five (5) feet in average height from the finished grade around the base of the landscape feature may be allowed, upon a finding that the sign as proposed: (1) Will not appear unduly bulky or massive from any public street, sidewalk, public land or traveled way, (2) Will not present a hazard to traffic or pedestrian safety; and (3) Will be in keeping with the scale and character of other landscaping on the same and adjacent lots. (H) A border area without any attached or inset signage must be maintained for a minimum of six (6) inches in all directions from the outside edge of the cut-outCut-Out Letters and/or logoLogo or the inset placard signSign. The border area shall be at least sixty percent (60%) of the total area of the landscape feature. (I) The visual impact of maintenance panels should be minimized. (J) Backlighted Letters and/or cut out logoLogos shall be permitted, provided the installation is consistent with Section ____ of this Ordinance. Shielded exterior spotlighting shall be permitted, with the beam spread not to exceed the area of the cut out letters and/or logoLogo or inset signSign. SECTION 154. Airport Signage (A) Airfield and Air National Guard Signage. Except as provided in (3) below, all signage on the airfield of Burlington International Airport or property owned by the Vermont Air National Guard that is installed pursuant to Federal Aviation Administration (FAA) or United States Department of Defense (DOD) requirements, as applicable, shall be exempt from the provisions of this Ordinance. (B) Other Necessary Signage. Except as provided in (3) below, all other signage on Burlington International Airport and Vermont Air National Guard property necessary to safe and efficient operation of the Airport or National Guard premises shall be determined by the Airport or Vermont Air National Guard pursuant to FAA or DOD recommended standards, as applicable, and shall be exempt from the provisions of this Ordinance. (C) Signs on Airport Property within 20' of Road Rights-of-Way. Signs on Burlington International Airport property to be located within twenty feet (20') of the edge of the right-of-way of a public road adjacent to the Airport shall be subject to the provisions of this Ordinance and shall require a signSign permit. SECTION 165. Perpendicular Signs Perpendicular signs will be permitted subject to the following conditions: (a) Where property dimensions create circumstances that do not allow for a free standing sign, a perpendicular building mounted sign or signs may be permitted. (b) Any perpendicular sign to be installed must be determined to be properly mounted on the building from which it is hung in a safe and appropriate fashion relative to the architecture of the building. (c) A perpendicular sign may not extend above the top of the building wall or parapet to which it is attached. (d) A perpendicular sign may extend no more than three (3) feet from the outside edge of the wall to which it is attached, and may have a vertical dimension of no more than ten (10) feet The maximum area of the sign face of a perpendicular sign shall be thirty (30) square feet. (e) All signs of this type must be designed properly so as to be structurally correct and safe for pedestrians, traffic and other activities which occur in the vicinity. Commented [MG39]: The code officer - but write this in the passive voice Commented [JB40]: Fill in the blank. SIGN ORDINANCE 33 City of South Burlington Ordinance DRAFT 2019-11-15 (f) Perpendicular signs are subject to the approval of the Code Officer who may seek the review of an architect, sign and/or engineering expert consultant to assist in his or her determination. All associated costs for this consultant review are to be borne by the applicant. Perpendicular signSigns are permitted within the Dorset Street/City Center District subject to the following conditions: (A) A propertytenant shall be permitted either to install perpendicular Signs pursuant to this section OR Free- Standing Signs pursuant to Section 8, but in no case shall both be permitted. (B) Any perpendicular Sign to be installed must be determined to be structurally sound and safe for pedestrians, traffic and other activities. (1) The permittee shall execute an agreement to defend, indemnify and hold harmless the City of South Burlington, its officers, trustees, agents, and employees, from all claims for bodily injury or property damage arising from or out of the presence of the perpendicular Sign within the City right-of-way. (C) A perpendicular Sign may not extend above the top of the building Wall or parapet to which it is attached. (D) A perpendicular Sign may extend no more than three (3) feet from the outside edge of the Wall to which it is attached. Any Sign proposed to extend more than three (3) feet shall be permitted only upon review and approval by the Development Review Board under the criteria of Section 5 of this Ordinance. (E) A perpendicular Sign shall have its lowest point no less than eight (8) feet above the ground level. (F) Area of a perpendicular Sign: (1) No Perpendicular Sign shall exceed twenty-one (21) square feet in area. (2) Signs having two (2) parallel and attached faces shall be considered as one Sign, and the area shall be computed for one side only. (G) A perpendicular Sign shall not be internally illuminated. (H) There shall be a maximum of one (1) perpendicular Sign per first-floor tenant with a direct entryway, which shall be located on the tenant’s storefront. (I) Perpendicular Signs are subject to the approval of the Code Officer who may seek the review of an architect, Sign and/or engineering expert consultant to assist in his or hera determination of compliance with this section. All associated costs for this consultant review are to be borne by the applicant. SECTION 176. Real Estate and Construction Project Signs (A) Real estate signSigns. Signs advertising to the public that the property on which the same signSign is displayed is available for sale, rent or lease shall not require a signSign permit, but shall not be illuminated and shall be subject to the limitations in this Section. (1) In non-residential zoning districts, each Lot shall be entitled to one (1) such freestanding signSign not to exceed sixteen (16) square feet if located within twenty (20) feet of the edge of the right-of-way, or thirty- two (32) square feet if located more than twenty (20) feet from the edge of the right-of-way. (2) In residential zoning districts, each Lot shall be entitled to one (1) such free standing signSign not to exceed six (6) square feet. Commented [MG41]: What about outside this area? SIGN ORDINANCE 34 City of South Burlington Ordinance DRAFT 2019-11-15 (B) Construction Project signSigns. SignSigns advertising that new construction, or an expansion, renovation or addition project (including painting, roofing, and siding) is taking place on the property on which the signSign is displayed are subject to the provisions of this Section. (1) In non-residential zoning districts and in residential zoning districts where a multi-lot development involving ten (10) or more Lots is taking place, Construction Project signSigns shall be limited to one (1) signSign per property or multi-lot development, not exceeding thirty-two (32) square feet in area and eight (8) feet in height and not illuminated. Such signSigns shall require a signSign permit. (2) Except as provided above, in residential zoning districts up to two (2) Construction Project signSigns may be displayed simultaneously on a Lot. A single Construction Project signSign shall not exceed six (6) square feet, or three (3) square feet each if two (2) such signSigns are displayed on a single Lot. Such signSigns shall not require a signSign permit. (3) Construction Project signSigns in all districts shall remain only until completion of the project. Such signSigns remaining on a Lot after the project is completed shall be in violation of this Ordinance. (4) Additional signSigns required to meet safety regulations for construction projects shall be exempt from the provisions of this Ordinance, and shall not require a signSign permit. (5) Except as specifically provided for residential zoning districts in (2) above, multiple Construction Project signSigns shall not be permitted and shall be subject to removal by the City. (C) Display of construction project and real estate signSigns on the same Lot. In all zoning districts, on Lots of 80,000 square feet or less, there shall be no more than two (2) real estate and/or Construction Project signSigns displayed simultaneously. On Lots in non-residential zoning districts exceeding 80,000 square feet, no more than three (3) real estate and/or construction Project signSigns may be displayed simultaneously. SECTION 187. Miscellaneous Types of Signs (A) Roof Signs - It shall be unlawful for any personPerson to Erect, alter, relocate or maintain a roof signRoof Sign as defined in this Ordinance. Provided, however, that a signSign may be erected on a parapet wallParapet Wall if such parapet is an integral part of and architecturally consistent with the entire building and is not erected principally to receive and enhance the visibility of the signSign. Any such signSign shall not extend above said parapet wallParapet Wall. (B) Banners and Pennants - It shall be unlawful for any personPerson to Erect, relocate, alter or maintain bBanners or pPennants as defined in this Ordinance, except as permitted as a Temporary Sign. However, properly displayed governmental flags shall be permitted, but not in excess of three different flags per lot. In addition, a business may display one flag, not exceeding six (6) square feet on which is depicted its name, emblem or logoLogo, except in the Dorset Street/City Center Sign District where such is prohibited. (C) Projecting Signs - It shall be unlawful for any personPerson to Erect, alter, relocate or maintain any projecting PsignSign as defined in this Ordinance, except as specifically allowed in Section 1095. (C) Inflatable or Wind Signs - It shall be unlawful for any Person to Erect, alter, relocate or maintain any iInflatable or Wind Sign as defined in this Ordinance. (D) Billboard Signs - It shall be unlawful for any personPerson to Erect, alter, maintain or relocate any bBillboard sSign as defined in this Ordinance, except as specifically allowed. Commented [PC42]: Move to exceptions. Can we delete the business name part and replace with an “open” flag? Commented [MG43R42]: Good idea, do we want to make this change in this round of edits? Commented [PC44]: This seems odd to have in here. Commented [MG45R44]: Definitely weird, especially if we are giving perp. signs the green light? SIGN ORDINANCE 35 City of South Burlington Ordinance DRAFT 2019-11-15 (E) Animated Signs; Action Signs - It shall be unlawful for any personPerson to Erect, maintain, alter or relocate any Animated Sign or Action Sign except as specifically exempted within Section 232. (F) Limited Access Facility - No signSign may be erected if it is so located as to be primarily readable from a limited access facility as defined in Title 19 of the Vermont Statutes Annotated. (G) Temporary and Paper Signs - Except as otherwise expressly provided in Section 198 herein, signSigns of paper, cardboard or similar material or signSigns which are temporary or non-permanent are hereby prohibited. (H) Window Signs - Window signSigns including those which are temporary or permanent in nature are permitted provided the total signSign area does not exceed twenty-five percent (25%) of the total Window area to which the signSign(s) is attached or otherwise located so as to be readable primarily from the exterior of the Window. (1) Where a Window or Windows constitute fifty percent (50%) or more of the area of an individual building façade, the Code Officer shall have the authority to treat signSigns affixed to or otherwise located so as to be readable primarily from the exterior of the Window or Windows as Wall signSigns in keeping with Section 109 of this Ordinance. (2) A signSign or signSigns painted on, or affixed to, or otherwise located so as to be readable primarily from the exterior of the inside or outside of Windows shall be counted against the areaArea of Wall signSigns allowed for the building if the combined area of such a Window signSign or signSigns exceeds twenty-five percent (25%) of the Window occupied. (I) Raceway Signs - Raceway sSigns, including cans, the metal structure and/or the box frame, must be made so that the raceway enclosure blends with the exterior Wall of the building to which it is attached. Raceway sSigns are subject to the provisions of Section 109 of this Ordinance (Wall signSigns). SECTION 198. Temporary Signs Definition: (1) Sidewalk Sign. A business establishment or other entity with a direct exterior entrance a space shall be permitted to display one (1) Sidewalk Sign, subject to the following conditions: (a) Such sign shall require an annual permit issued by the Code Officer, which shall be valid from the date of issuance through December 31 of the calendar year during which it is issued; (b) Such sign may only be displayed during the hours of business of the entity being advertised; (c) Sign messages may be altered throughout the course of the permit, but shall not be an Animated Sign and shall not be a Reader Board or other sign with interchangeable plastic lettering; Such sign shall be no larger than four (4) feet in height and shall contain no more than twelve (12) square feet in area are permitted. (d) Such signs shall be located within twenty (20) feet of a public operable entryway to the business being advertised. Such sign may be located in the public right of way with written approval from the Department of Public Works. (e) A Sidewalk sign shall not impede pedestrian or bicycle traffic. No sign may be placed in such a way as to reduce the continuous unobstructed width of a sidewalk or walkway to less than four (4) feet or obstruct an entrance way or emergency exit. Such sign shall not obscure visibility for motorists, and shall not impede snow clearance or other maintenance work. Commented [PC46]: Update with Cathy’s language Commented [MG47]: grammar Commented [MG48]: Confirm that this is standard size Commented [MG49]: Delete? SIGN ORDINANCE 36 City of South Burlington Ordinance DRAFT 2019-11-15 (f) Signage may not be permanently affixed in any way, including chained or fastened to trees, signs, benches, street lights, utility poles, et. al. (g) Maximum Size. A Sidewalk Sign shall not exceed 12 square feet in area and shall not exceed 24” in width or 36” in height. This does not include the size of the base or frame, which shall not be larger than is necessary to hold the sign face in place. Signs shall not consume more than 36” in depth- whether by length or spread of base legs. Signage may be double faced. (h) Materials. Signage shall be constructed of weather resistant materials. Cardboard, paper, and particle board are not permitted. Stenciled or spray-painted signs are not permitted. Signage shall be sturdy, meant to withstand light winds, but also portable and readily movable. (i) Lighting. Signage may not include any lighting or electronic components. (j) No materials such as flags, streamers, or balloons may be attached to sidewalk signs. (2) Temporary Banner or A-Frame Sign. Unless prohibited elsewhere in this Ordinance, an individual Lot, as defined with the City’s Land Development Regulations, or in the case of a Planned Unit Development approved by the Development Review Board, alleach Lots contained within the Planned Unit Development shall be allowed one concurrent (1) temporary sign in accordance with the following conditions: (a) Such sign shall require a Temporary Sign Permit issued by the Code Officer, which shall be valid for the dates specified on the approved permit. (b) Temporary Signs shall be maintained for a maximum of fourteen (14) consecutive days once in every two (2) calendar month period, or seven (7) days once each calendar month. (c) Any such application shall be signSigned by the property owner. (d) No Reader Boards or similar such changeable wheeled Signs are allowed. (e) Temporary A-Frame Signs up to eight (8) feet in height and containing no more than thirty-two (32) square feet in area, and Banners up to thirty-two (32) square feet in area which are affixed for the purpose of advertising the opening of a new retail establishment or a special sales event on the Lot where the Signs are located, are permitted., provided that such signs are located at least five feet from City right- of-way. (a) Temporary Signs shall be maintained for a maximum of fourteen (14) consecutive days once in every two (2) calendar month period, or seven (7) days once each calendar month. Temporary Signs shall be maintained for a maximum of five (5) days in a calendar month provided the Signs are displayed on the same day of the week for the entire month. (f) Applicants for a Ttemporary Sign may choose either (d) or (e) above, but shall not change their permitted dates or messages within the duration of the permit. (a)(g) Establishments located on parcels of two (2) acres or more with a principal permitted business as a hotel and conference center shall be exempt from the limitations in Subsection(A)(2) (d)-(f) above; however, no individual temporary Sign may be maintained for a period in excess of fourteen (14) consecutive days every two (2) calendar month period, or seven (7) days once each calendar month. Commented [MG50]: Redundant? Commented [MG51]: I like these updated temp. sign regs but it does not address event signage, yard signs, or ROW signs. For example, we put up advertising signs for illuminate vermont on intersections and in medians but there is no mechanism to approve that in these regs Commented [MG52]: Think about inclusion? Commented [MG53]: Delete? SIGN ORDINANCE 37 City of South Burlington Ordinance DRAFT 2019-11-15 Temporary Signs in excess of those permitted in subsection(A)(2) (d)-(f)above shall be limited to Signs advertising specific temporary or limited-duration functions taking place on the property, and shall not be permitted for general advertising of the principal hotel or conference center function. Unless prohibited elsewhere in this Ordinance, a business establishment or other entity shall be allowed one (1) temporary signSign in accordance with the following conditions: (2) No "Reader Boards" or similar such changeable wheeled signSigns are allowed. (3) Temporary "A-F frame" or "SsandwichSandwich bBoard" signSigns up to eight (8) feet in height and containing no more than thirty-two (32) square feet in area, and banners up to thirty-two (32) square feet in area which are permanently affixed for the purpose of advertising the opening of a new retail establishment or a special sales event on the Lot where the signSigns are located, are permitted. (4) Temporary signSigns shall be maintained for a maximum of fourteen (14) consecutive days once in every two (2) calendar month period, or seven (7) days once each calendar month. (5) Temporary signSigns shall be maintained for a maximum of five (5) days in a calendar month provided the signSigns are displayed on the same day of the week for the entire month. (6) Applicants for a Temporary signSign may choose either (c) or (d) above, but shall not change their permit within the duration of the permit. (7) Establishments located on parcels of two (2) acres or more with a principal permitted business as a hotel and conference center shall be exempt from the limitations in Sections 198(c-e) above; however, no individual Temporary signSign may be maintained for a period in excess of fourteen (14) consecutive days every two (2) calendar month period, or seven (7) days once each calendar month. Temporary signSigns in excess of those permitted in Sections 19(c-e) above shall be limited to signSigns advertising specific temporary or limited-duration functions taking place on the property, and shall not be permitted for general advertising of the principal hotel or conference center function. (8) Notwithstanding Section 198(b) above, Temporary signSigns for non-residential uses in residential zoning districts shall be limited to a maximum of six (6) square feet in area, with the exception of Temporary signSigns for places of worship in any zoning district and valid non-residential uses on Lots of at least two (2) acres with frontage on Dorset Street or Hinesburg Road within the Southeast Quadrant Zoning District. SECTION 2019. General Sign Requirements The following requirements shall apply to all signSigns: (A) No Signs within Public Road Rights-of-Way -– Except as specifically provided for in this Ordinance, 5Nno permanent or Temporary signSign, including but not limited to signSigns for real estate sales, product or service advertisement, and political advertisements, other than those required for governmental purposes, shall be located within a public road right-of-way. (B) Maintenance - All signSigns and other advertising structures, together with all their supports, braces, guys and anchors, shall be of substantial and sturdy construction, shall be kept in good repair, and shall be painted or cleaned as often as necessary to maintain a clean, neat, safe and orderly appearance. (C) Wind Pressure and Dead Load Requirements - Any signSign or advertising structure as defined in this Ordinance shall be designed and constructed to withstand wind pressures and receive dead loads as required by recognized engineering and construction practices in the City of South Burlington. SIGN ORDINANCE 38 City of South Burlington Ordinance DRAFT 2019-11-15 (D) Obstruction to Doors, Windows or Fire Escapes - No signSign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, Window or fire escape. No signSign shall be attached to a stand pipe or fire escape. (E) Signs Not to Constitute Traffic Hazards - In order to secure and maintain reasonable traffic safety, it shall be unlawful for any personPerson to Erect or maintain any signSign containing reflective materials or any animated signAnimated Sign or action signAction Sign as defined in this Ordinance. No signSign shall be erected or maintained in such a manner as to obstruction free and clear vision or so as to distract the attention of the driver of any vehicle by reason of the position, shape or color thereof. Pursuant to the foregoing, no signSign shall be erected or maintained in such a manner as to be likely to interfere with, obstruct the view of, or be confused with, any authorized traffic signSign, signal or device. Accordingly, no signSign or other advertising structure shall make use of the words "Stop", "Go", "Look", "Slow", "Danger", or any other similar phrase, symbol, or character, or apply any color in such a manner as to interfere with, mislead, or confuse traffic. (F) Projecting Images - No personPerson or establishment shall project light, Logos or images into any area visible from a public sidewalk or right-of-way. (G) Design Standards for All Signs - Signs shall be designed and constructed in such manner and of such materials as to be consistent with the following design standards unless the applicant can establish to the satisfaction of the Code Officer, that any standards which are not met are inapplicable, unnecessary, or would create an extraordinary and unreasonable hardship: (1) No signSign shall be located on a tree, or painted or drawn upon a rock, lawn, or the ground, excluding permitted landscape feature signLandscape Feature Signs as provided herein. (2) All signSigns, and the standards and posts supporting them, shall be of substantial and sturdy construction. Break-away standards and posts are permitted if of substantial and study construction. (3) Signs shall not dominate the Lot on which they stand or the building to which they are attached, but shall be compatible with same. (4) Signs shall contain a minimum amount of lettering which shall be clearly visible to the public without being distracting to motorists. (H) No signSign may be erected if it is so located as to be primarily readable from a limited access facility as defined in Title 19, V.S.A. (I) No display of pornographic or lewd signSigns shall be permitted. (J) No signSign shall be affixed to a handrail or fence. (K) No signSign shall be attached to a water supply tank, and no signSign shall be painted on a water supply tank except for governmental or operational identifications or notices, which are to be as minimal in size as practicable. (L) No signSign shall be attached to a utility cabinet other than identification or required operational signSigns installed by the owner of the cabinet. No advertising signSigns shall be installed on any cabinet. (M) Off-premise signageOff-Premise Signage shall not be permitted. (N) The use of parked or stationary motor vehicles to display Temporary signSigns, such as but not limited to stickers, Banners, drapes, and placards, for advertising purposes, shall be prohibited. For purposes of this sub- section such Temporary signSigns shall include but not be limited to those signSigns that would not remain affixed to the vehicle when the vehicle is moving, or that would constitute a hazard to safe operation of the vehicle, and other similar cases as determined by the Code Officer. Commented [PC54]: Unenforceable Commented [MG55R54]: delete Commented [PC56]: Content-based and unenforceable Commented [MG57R56]: delete SIGN ORDINANCE 39 City of South Burlington Ordinance DRAFT 2019-11-15 SECTION 210. Lighting (A) Except as provided elsewhere in this Ordinance, indirect or interior lighting may be used to illuminate any signSign provided that the source of light shall concentrate the illumination upon the area of the signSign so as toand prevent glare upon the street or adjacent property. Except in the Dorset Street/City Center Sign District, fixtures should not be placed any nearer than five (5) feet to the property line. (B) It shall be unlawful for any personPerson to Erect, alter, maintain or relocate any signSign employing the use of luminescentLuminescent lights as defined in this Ordinance, except where such luminescentLuminescent elements are shielded from direct view by a separate translucent material. (C) No signSign of any kind shall be left illuminated after ten o'clock P.M. (10:00 PM) in any residential zoning district, and no signSign of any kind shall be left illuminated after midnight in any nonresidential zoning district unless the premises are open for business after midnight, in which case, no signSign of any kind shall be left illuminated after the premises are closed for business. Notwithstanding the above, a Wall signSign may be left illuminated, if the Code Officer determines that it is necessary for the protection of the property from theft or vandalism, and such determination is made a part of the permit. (D) String lighting shall not be allowed except for a non-permanent, seasonal or charitable business with permit by Code Officer. (E) In the Dorset Street/City Center Sign District, iInternally illuminated signSigns shall utilize opaque backgrounds and translucent letters, Logos and/or graphics, so as to insure that the lettering, Logos and/or graphics are illuminated rather than the background. Internally illuminated signs which were permitted and installed prior to ***** and do not comply with this standard are permitted to continue until such time as that sign is proposed to be altered or replaced through a Permanent Sign permit. Translucent backgrounds utilizing dark colors may be used with white, clear or other light translucent letters, Logos and/or graphics, provided the Design Review Committee determines that the effect will be consistent with the intent of this provision. (F) The illumination of flags must conform to the provisions of the South Burlington Land Development Regulations regarding nighttime illumination of governmental flags. No other upward illumination of flags is permitted. (G) The use of integrated neon, LED and fiber optic lighting to illuminate signSigns shall be permitted provided the light source is covered with a clear, translucent or opaque material so that the light source is diffused and no glare is reflected. Exposed neon lighting shall not be permitted. (H) Except as provided in (g) above, fixtures shall not include bare bulbs, and fixtures shall not make bare bulbs or other direct light sources visible to personPersons viewing a signSign. SECTION 221. Regulations for Establishments Selling Gasoline (A) Wall signSigns. For establishments selling gasoline, Wall signSigns may be attached to the principal building and, if applicable, to a structural canopy. There shall be no more than two (2) Wall signSigns on a principal building with the total area of all Wall signSigns on the principal building not to exceed fifteen percent (15%) of the Gross faFaçade area of the principal building. (B) Structural Canopies. There shall be no more than four (4) advertising and/or brand identification signSigns attached to each structural canopy on each Lot, with no more than one (1) such signSign attached to each face of a structural canopy and no individual signSign to exceed fifteen (15) square feet. Internal illumination of structural canopies shall be permitted and shall not constitute a signSign. Commented [PC58]: This seems like a huge loophole. Make sure this isn’t grandfathered. Commented [MG59R58]: Huge loophole! agreed Commented [MG60R58]: delete Commented [PC61]: Lets make this city-wide. And also grandfather until the sign face is changed out. Commented [MG62R61]: Takes effect once the sign is altered or replaced, and not before - "any sign istalled after *date* must be…" Commented [PC63]: Seems like a loophole. Must be opaque unless it doesn’t have to be? Commented [MG64R63]: Agreed again! Commented [MG65R63]: delete Commented [PC66]: We’re never going to see Neon again. Commented [MG67R66]: Why eliminate this sentence? Commented [MG68R66]: delete Commented [PC69]: Should we clarify here that the branding cannot extend along the whole length of the canopy? Also, max height? Commented [MG70R69]: Not for now - shelve SIGN ORDINANCE 40 City of South Burlington Ordinance DRAFT 2019-11-15 (C) Signs necessary to operations. There shall be no limit on the total number of signSigns necessary for the operation of the establishment attached to a structural canopy and gasoline pumps, including such signSigns as "restrooms," "self service," or "air," provided no individual signSign exceeds six (6) square feet. The foregoing not- withstanding, however, any such signSign including the name and/or logoLogo of the business to which it is attached, other than names or Logos integral to a gasoline pump, shall count as a Wall or structural canopy signSign and shall be subject to the applicable provisions of this Section and Ordinance. (D) Free-standing signFree-Standing Signs. For establishments selling gasoline, there shall be no more than one free-standing signFree-Standing Sign per Lot. If a price signSign is included as part of the free-standing signFree-Standing Sign, such establishments may add up to twelve (12) square feet to the free-standing signFree- Standing Sign allowance otherwise applicable to the Lot. Such price signSigns must be an integral part of the one (1) allowed free-standing signFree-Standing Sign. The permitted area of the base or support structure of the free- standing signFree-Standing Sign shall be based on the maximum area of the free-standing signFree-Standing Sign applicable to the Lot, excluding the additional twelve (12) square foot allowance for signSigns that include a price signSign. (E) The total square footage of all signSigns on the Lot, including point-of-purchase signPoint-of-Purchase Signs on gasoline pumps but excluding signSigns identified in subsection (cC) above, shall not exceed one hundred (100) square feet. (F) The outdoor display of products for sale shall be prohibited, with the exception of vehicle tires, ice and/or propane. (G)(F) Temporary signSigns outside the principal building shall be permitted as per Section 198 of this Ordinance. SECTION 232. Exemptions The provisions and regulations of this Ordinance shall not apply to official business directional signDirectional Signs and signSign plazas as defined in and erected pursuant to Chapter 21 of Title 10, Vermont Statutes Annotated. The provisions and regulations of this Ordinance shall also not apply to the following signSigns, provided however, said signSigns shall be subject to the provisions of Sections 2019, 210 and 254. (A) Memorial signSigns or tablets, names of buildings and date of erection when cut into any stone or masonry surface or when constructed of bronze or other incombustible materials and not exceeding six (6) square feet in total area. (B) One (1) residential "Name Place Sign" as defined in this Ordinance; (C) Traffic signSigns and legal notices; (D) Signs or billboards approved by the Code Officer that advertise the City of South Burlington, or any of its departments, or provide a community directory to the recreational and commercial facilities offered in the City; or advise the public of the location of facilities operated by the City or any of its departments; or that advertise the South Burlington School District. In no case, however, shall Animated Signs be approved except in accordance with the standards of Section 232(K), “Free-Standing Signs for post-secondary institutions” (E) Signs announcing events hosted by organizations affiliated with the City and formally approved by the City Manager in furtherance of city goals. (E)(F) Directional Signs, consistent with the provisions of Section 112 above; provided however, that the Code Officer may order the removal of Directional Signs upon finding by him that some are unnecessary, not within the definition set out in Section 32, or are otherwise contrary to the provisions of this Ordinance; Commented [PC71]: Is this really a sign issue? Commented [MG72R71]: Could be under outdoor storage, maybe? Commented [MG73R71]: Delete Commented [MG74]: This feels pretty major - I like it, but wonder if it would be better to regulate these and give them stickers? Otherwise, how is DPW to know which yard signs are exempt & approved and which are just rogue Commented [MG75]: New section for affiliate signs within city ROW? Establish and update - in accordance with city managers office - a process for approval SIGN ORDINANCE 41 City of South Burlington Ordinance DRAFT 2019-11-15 (F)(G) Bona fide Christmas and holiday decorations displayed during the period from November 15 through January 5; (G)(H) "Warning", "Danger", "No Trespassing", or similar signSigns, in size and quantity as reasonably required to accomplish their intended purpose; (H)(I) Signs for charitable or political purposes displayed on a Wall or Window. (I)(J) Signs attached to electronic scoreboards, provided the following are met: (1) The scoreboard upon which the signSign is attached is located on City owned or leased land, (2) The signSign advertises a business or organization that made a monetary contribution towards the scoreboard in question, (3) The signSign includes the words "This scoreboard donated by" or similar words to that effect, (4) The maximum size of the signSign shall not exceed twenty-one (21) square feet, (5) The area of the signSign shall not exceed twenty-four percent (24%) of the area of the scoreboard and signSign combined, (6) The maximum height of the signSign shall be ten (10) feet, measured from the average finished grade at the base of the scoreboard to the highest point of any part of the signSign, (7) The signSign shall not be illuminated. (8) The signSign shall be covered by an attractive, fitted panel so that it is not visible during the months of November through March, and (9) The signSign shall require written approval from the City Manager, or his/her designee, prior to its erection or alteration. (K) Multi-tenant buildings and multi-building complexes that display individual tenant signs within an approved free-standing sign. A multi-tenant building or multi-building structure under common management and ownership that has an approved free-standing used to display signs bearing the names of the tenant uses within the building or complex may remove and/or replace the tenant signs within the approved free-standing sign without obtaining a Permanent Sign permit, subject to the following conditions: (1) The individual tenant sign proposed to be installed must have the same sign dimensions, use the same background color, use the same font color, and use the same font size as the individual tenant sign that is proposed to be removed. (J)(L) Properly displayed governmental flags shall be permitted, but not in excess of three different flags per lot. (K)(M) One- or two-sided free-standing signFree-Standing Signs for post secondary educational institutions which are used to provide information regarding on-campus activities that are open to the public. Such signSigns must be approved by the City Manager or the manager's designee, may not exceed fifty (50) square feet per side, must be at least fifteen (15) feet from the pavement of any public road, must not be located within any public right-of- way, and may not exceed ten (10) feet in height. Such signSigns may include an electronic message board Animated Sign not exceeding ten (10) square feet on each side of the signSign, which may only be used between the hours of 7:00 A.M. and midnight. Information may be displayed on the message board on an intermittent basis, provided each display is at least five (5) minutes in duration. Each institution shall be limited to one (1) signSign. Commented [MG76]: The Alex Judge Rule, Draft 1 - thoughts? Commented [MG77R76]: Move to exemptions and include directory wall signs SIGN ORDINANCE 42 City of South Burlington Ordinance DRAFT 2019-11-15 (L)(N) Signs reasonably necessary for the operation and use of the Green Mountain Transit Chittenden County Transportation Authority, its successors, and other public transit services. (M)(O) Purely decorative muralMurals, as defined in this Ordinance, that in the judgment of the Code Officer do not have the intent or visual effect of increasing the areaArea of a signSign. (N)(P) All Wall and free-standing signFree-Standing Signs, including those attached to Windows and doors, that are necessary to ensure compliance with the Americans with Disabilities Act, provided such signSigns do not interfere with public safety. (O)(Q) Sculptures that do not involve a representation of or reference to a business, service or good shall not be construed to be signSigns and shall be exempt from the provisions of this Ordinance. Sculptures may be subject to the provisions of the South Burlington Land Development Regulations, as amended. (P)(R) Vermont and Federal government markers of historical sites or places of interest and Vermont state tourism signSigns, provided such signSigns do not interfere with public safety. (Q)(S) One (1) help wanted signSign of no more than four (4) square may be attached to permitted free-standing signFree-Standing Sign. (R)(T) Barber poles, in accordance with Vermont statutes. (S) Wayfinding and interpretive signageInterpretive Signage. Sponsors of activities requiring bona fide interpretive signageInterpretive Signage or Wayfinding signSigns, such as but not limited to signage for a natural area, natural resource demonstration project, educational initiative, or projects with a focus on historic, natural or cultural resources, may apply for a Master Signage Permit pursuant to Section 87 of this Ordinance. The Design Review Committee shall have the authority to determine the appropriate number, sizes, locations, designs and contents of such Wayfinding or interpretive signSigns, but in no case shall the size of any single Wayfinding or interpretive signSign exceed twenty (20) square feet. The Design Review Committee shall have the authority to require supplemental plans or graphics, to require additional review by the Design Review Committee or Code Officer for changes or amendments to a Master Signage Permit, and to issuance of individual signSign permits for certain signSigns approved within a Master Signage Permit. (T)(U) Signs designated as "historic" by the Vermont Division for Historic Preservation (or its successor) or the National Register of Historic Places. Alternations to such signSigns shall only be permitted if the entire signSign becomes compliant with these regulations or if the proposed alterations are approved as remaining "historic" by the above-named bodies. (U)(V) Informational signSigns affixed to the principal face of a propane gas cage containing safety information, the manufacturer's name, the manufacturer's logoLogo, and/or emergency contact information. Lettering, numbering, or Logos shall not exceed three (3) inches in height. (V)(W) One (1) restaurant menu not exceeding two (2) square feet in size per restaurant, affixed to a Wall that adjacent to a door that leads directly into such restaurant. No lettering or numbers shall exceed one (1) inch in height. No such menus shall be internally illuminated. Any other lighting shall be downcast directly onto the menu. (X) Up to two (2) Signs affixed to an electric vehicle fueling station not exceeding fifty (50) square inches per Sign. (Y) One flag, up to twelve (12) square feet in size, indicating that a business is “Open” per business with a direct exterior entryn entry door directly into the business of up to twelve (12) square feet in size. Such flags shall contain no logos, lettering, or color palate that reinforces the brand of the business. In no instance shall a flag interfere with the travelling public. Commented [PC78]: Eliminated wayfinding from the ordinance altogether. SIGN ORDINANCE 43 City of South Burlington Ordinance DRAFT 2019-11-15 SECTION 243. Non-Conforming Signs (A) On or before ******JUNE 3, 2009, all non-conforming signSigns shall have been removed, lawfully replaced, or otherwise altered so as to comply with all applicable provisions of the South Burlington Sign Ordinance in effect as of that date. (B) A "conforming signSign" shall become a non-conforming signSign on the effective date of an amendment of this ordinance that establishes a standard or requirement with which the signSign does not conform. A conforming signSign shall be: (1) Any signSign in existence on ******June 3, 2009, that on such date was in full compliance with all requirements of this ordinance as it was then constituted; or (2) Any signSign first constructed after ******June 3, 2009, in strict compliance with a permit issued under this ordinance; or (3) Any signSign altered or relocated after June 3, 2009******, in strict compliance with a permit issued under this ordinance. (C) Within five (5) years of the date a signSign becomes non-conforming, it shall be removed or, following issuance of a permit, be altered or relocated to comply with this ordinance. (D) Exceptions. (1) Any approved landscape feature to which a Sign was attached as of the adoption of this Ordinance may continue indefinitely and may be normally maintained and repaired. (2) As of September 1, 2015******. , Aany approved Sign or Sign structure within the existing Dorset Street/City Center Design District may continue indefinitely and may be normally maintained and repaired. A replacement of a Sign shall only be permitted in accordance with this Ordinance. Upon approval of a Master Signage Permit for a property, all future replacements of Signs shall be in conformance with the provisions of the Master Signage Permit. SECTION 254. Unsafe and Unlawful Signs If the Code Officer shall find that any signSign is unsafe or insecure, or is a menace to the public, or has been constructed, erected or is being maintained in violation of the provisions of this Ordinance, the Code Officerhe shall immediately give written notice to the owner thereof and shall have said written notice served by certified mail with return receipt requested. If the owner failsed to remove or alter the structure, so as to comply with the standards herein set forth, at the discretion of the Code Officer after receipt of such notices, said signSign or structure may be removed by the Code Officer at the expense of the owner of the signSign and owner of the property upon which it is located, such expense of removal to be the joint and several liability of all such owners. The Code Officer may cause any signSign which is an immediate peril to personPerson or property, to be removed summarily and without notice. SECTION 265. Removal of Certain Signs Any signSign now or hereafter existing which no longer identifies a bona fide use conducted, or a property sold, on the Lot on which it is located, or which is not maintained in a safe and appropriate condition, shall be taken down and removed by the owner, agent or personPerson having the beneficial use of the building or structure Commented [PC79]: Review! Commented [MG80]: Change date? Commented [MG81R80]: After everything else - come back to this Commented [MG82]: Have legal review Commented [MG83]: ungender SIGN ORDINANCE 44 City of South Burlington Ordinance DRAFT 2019-11-15 upon which such signSign may be found on the Lot on which it is located within ten (10) days after written notification from the Code Officer, and upon failure to comply with such notice within the time specified in such order, the Code Officer is hereby authorized to cause removal of such signSign, and any expense incident thereto shall be paid by the owner of the building, structure or Lot to which such signSign is attached or is located. SECTION 276. Revocation of Permits The Code Officer is hereby authorized and empowered to revoke any permit issued by him upon failure of the permittee to comply with any provisions of this Ordinance. SECTION 287. Renewal of Permits Upon the expiration of any permits under this Ordinance, the signSign for which the permit was issued shall be removed immediately unless the holder thereof applies for a renewal permit upon payment of the fee set out at Section 54 hereof and upon the filing of a renewal application on forms furnished by the Code Officer. Such forms shall include such questions as are reasonably required to enable the Code Officer to decide whether the renewal permit should be issued. The Code Officer shall act within the number of days, and in the manner set out at Section 76. Provided, further, that no permit shall be issued to any applicant if the signSign or signSign owner is not in compliance with the provisions of this Ordinance, as then amended, except as provided for Master Signage Permits in Section 87. SECTION 298. Appeals Any personPerson aggrieved by any action of the Code Officer or Design Review Committee may appeal such action, or refusal to act, to the South Burlington Development Review Board. Such appeal shall be lodged with the City Clerk within fifteen (15) days of the Code Officer's or Design Review Committee's action or refusal to act, and shall be accompanied by an appeal fee in accordance with the schedule provided under Section 54 of this Ordinance. The fee for such appeal shall be the same as for appeals of actions of the Administrative Officer to the Development Review Board pursuant to the South Burlington Land Development Regulations. The hearing shall be held at the time and place set by the Chairman of the Development Review Board but no sooner than seven (7) days, nor later than twenty (20) days, after public notice of such hearing has appeared in a newspaper having general circulation in the City. The Development Review Board may make such order or take such action, including the issuance of a permit or the revocation of same as is consistent with this Ordinance. Provided, however, in deciding such appeals, the Development Review Board may not grant variances, exemption, extra-ordinary relief or otherwise alter, amend, enlarge or modify the provisions of the Ordinance, it being the intent of this section to merely provide for appeals from the decisions of the Code Officer or Design Review Committee, and not to provide for variances or exceptions hereto. The Development Review Board may adopt rules governing the conduct of such hearings, and if such rules are adopted it shall cause a copy thereof to be furnished to each applicant at the time that the appeal is taken. SECTION 3029. Enforcement and Penalties Any personPerson who violates a provision of this civil ordinance shall be subject to a civil penalty of up to $500 $800 per day for each day that such violation continues. The AdministrativeCode Officer or Assistant Administrative Officer of the City of South Burlington shall be authorized to act as the Iissuing Mmunicipal Oofficials to issue and pursue before the Judicial Bureau a municipal complaint. The Code Administrative Officer Commented [MG84]: Have legal review fee amounts SIGN ORDINANCE 45 City of South Burlington Ordinance DRAFT 2019-11-15 or Assistant Administrative Officer shall issue a written warning for a violation of this Ordinance before issuing a municipal complaint for a first offense of this Ordinance in any calendar year. 30. Civil Penalty; Waiver Fee (A) An issuing municipal official is authorized to recover civil penalties in the following amounts for each violation: First offense $160 Second offense $320 Third offense $480 Fourth offense $640 Fifth and subsequent offenses $800 (B) An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amounts, for any personPerson who declines to contest a municipal complaint and pays the waiver fee: First offense $100 Second offense $250 Third offense $400 Fourth offense $550 Fifth and subsequent offenses $700 (A) Waiver Fee An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any personPerson who declines to contest a municipal complaint and pay the waiver fee: First offense - $25 $50 Second offense - $50 $75 Third offense - $75 $100 Fourth offense - $100 $125 Fifth offense - $125 $150 Sixth offense - $150 $175 Seventh offense - $175 $200 Eight offense - $200 $250 Ninth offense - $275 $350 SIGN ORDINANCE 46 City of South Burlington Ordinance DRAFT 2019-11-15 Tenth offense - $350 $450 Each subsequent offense $550 Offenses shall be counted on a calendar year basis. (B) Civil Penalties. An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: First offense - $50 $100 Second offense - $100 $150 Third offense - $150 $200 Fourth offense - $200 $250 Fifth offense - $250 $300 Sixth offense - $300 $350 Seventh offense - $350 $400 Eight offense - $400 $500 Ninth offense - $450 $600 Tenth offense - $500 $700 Each subsequent offense - $800 Offenses shall be counted on a calendar year basis. 31. Other Relief Other Relief. In addition to the enforcement procedures available before the Judicial Bureau, the City Manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, to request revocation of a license by the City Council or to pursue any other remedy authorized by law. State law reference—Judicial bureau, 4 V.S.A. § 1102 et seq.; complaint signed by the issuing municipal official for civil ordinance violation, 24 V.S.A. § 1977. SECTION 312. Conformity with State Law Anything herein to the contrary notwithstanding, this Ordinance shall in no way be construed to permit the erection or maintenance of any signSign contrary to the laws of Vermont, now in existence or hereafter enacted. SECTION 323. Severability If any portion of this Ordinance is held to be invalid by a court of competent jurisdiction, such finding shall not invalidate any other part of this Ordinance. Any part or provision of this Ordinance shall be considered severable and, if any provision of this Ordinance or the application thereto to any personPerson or circumstance is held invalid, such invalidity shall not effect other provisions or applications of the Ordinance which can be given effect without the invalid provisions of application, and to this end the provisions of this Ordinance are declared severable. Commented [MG85]: Have legal review SIGN ORDINANCE 47 City of South Burlington Ordinance DRAFT 2019-11-15 SECTION 33. Repeal of Zoning Provisions Adoption of this Ordinance shall be deemed to repeal such portions of the South Burlington Zoning Ordinance adopted June 25, 1973 and any amendments thereto, which are inconsistent with the provisions of this Ordinance. SECTION 34. Effect. This Ordinance shall take effect from the date of its passage. Adopted at South Burlington, Vermont this _____ day of _______ 2015, and to be effective upon adoption. SOUTH BURLINGTON CITY COUNCIL _________________________________ ______________________________ Pat Nowak, Chair Meaghan Emery __________________________________ ______________________________ Chris Shaw, Vice Chair Thomas Chittenden __________________________________ Helen Riehle, Clerk Received and recorded this ______ day of ________, 2015. ______________________________ Donna Kinville, City Clerk SIGN ORDINANCE 48 City of South Burlington Ordinance DRAFT 2019-11-15 APPENDIX A SIGN ORDINANCE 49 City of South Burlington Ordinance DRAFT 2019-11-15 Commented [MG86]: Should market street be added to this? Or the section of hinesburg east of market? SIGN ORDINANCE 50 City of South Burlington Ordinance DRAFT 2019-11-15 APPENDIX B Dorset Street/City Center Sign District Description of District Boundaries The westerly boundary of the District follows the Interstate Highway Right of Way from Williston Road to Kennedy Drive in the south. Kennedy Drive forms the southern boundary of the District and Williston Road forms the northerly boundary. At Kennedy Drive, the District boundary follows the School Department Boundary in a northeasterly direction along the stream bed and then northerly parallel to Woodcrest Drive and 100 feet back from the roadway R.O.W. The boundary follows the School Department Boundary in a westerly direction for a total of 1336 feet. The boundary then heads in a northerly direction, and parallel to Barrett Street for 1130 feet at which point it turns easterly and follows the Barrett Street alignment and coinciding with the property lines which are between 110 and 120 feet from the Barrett Street R.O.W. and coinciding with the property line delineating lands owned by the City of South Burlington. The District boundary follows this property line as it heads in an irregular fashion to the northwest to its intersection with the property line of lands owned by South Burlington Realty. At this point the line then heads in an easterly direction for 1245 feet to the Hinesburg Road R.O.W. The District then follows Hinesburg Road northerly for 181 feet at which point the boundary then follows the property for the South Burlington Realty parcel as it abuts the Central School Property. The District Boundary then heads north along the Central School Property for 84 feet and west 200 feet to the end of Mary Street. The District Boundary then proceeds westerly coinciding with the north property line of the properties located at 2 and 6 Market Street. The District Boundary then heads northerly to Williston Road along the eastern property lines of properties located at 8 and 100 Dorset Street and 1055 Williston Road. Commented [PC87]: Proposed to be removed as it will be outdated. 10/9 Role of Council Role of Committee"This is the vision for our community""This is how our resident committees can inform policy and help implement policy."Strategy DescriptionContinue working on lot line development at 575/577Continue advising Council on allocation of ARPA fundsWork on implementation of recommendations if approvedAdvise community on economic sustainability of the City through the development data resources in the CityProvide feedback to the PC on issues related to economic developmentExplore how microtransit options may reduce traffic and support the business community Continue to work with green businesses to assess their impact and needsStart the process of conducting an Economic Development Strategic Plan including finding fundingComprehensive Plan UpdateContinued participation in discussions around the Comprehensive PlanContinue to provide feedback to PC and Umall developers on redevelopment optionsExplore how business community has envisioned realizing the community Climate Action Plan goalsExplore CAP implications on South Burlington electrical grid Green & Clean: Emphasizing sustainability for long‐term viability of a clean and green South BurlingtonCore Municipal Services and AdministrationCity Center and Tax Increment Financing DistrictClimate Action PlanCity of South BurlingtonFY24 Policy Priorities & StrategiesEconomic Development CommitteeAffordable and Community Strong: Creating a robust sense of place and opportunity for our residents and visitors.Opportunity Oriented: Being a supportive and engaged member of the larger regional and statewide community.Walkable: Bicycle and pedestrian friendly with safe transportation infrastructure.