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HomeMy WebLinkAboutAgenda - Planning Commission - 11/27/2018 South Burlington Planning Commission 575 Dorset Street South Burlington, VT 05403 (802) 846-4106 www.sburl.com Meeting Tuesday, November 27, 2018 7:00 pm South Burlington Municipal Offices, 575 Dorset Street AGENDA: 1. Directions on emergency evacuation procedures from conference room (7:00 pm) 2. Agenda: Additions, deletions or changes in order of agenda items (7:01 pm) 3. Open to the public for items not related to the agenda (7:02 pm) 4. Planning Commissioner announcements and staff report (7:10 pm) 5. Recap of November 13 City Council meeting / adoption of Interim Zoning Bylaw (7:15 pm) a. Nomination of Commissioner to serve on Transfer of Development Rights Committee b. Nomination of Commissioner to serve on Open Space Committee 6. Scheduling action concerning initial consideration of requests for amendments to the Land Development Regulations discussed on October 9, 2018: (7:35 pm) [Work Plan #4] 7. Commission Work Session: Planned Unit Developments (7:45 pm) [Work Plan #9] a. Which elements to complete, which to phase for post IZ period b. Introduction to application spreadsheet and review elements 8. Commission consideration of update to FY 2019 Work Plan (8:40 pm) 9. Consider Resolution for Electric Vehicle Charging Station Grant (8:55 pm) 10. Meeting minutes: October 23, 2018 (9:05 pm) 11. Other business (9:10 pm) a. Public Hearing by Burlington Planning Commission on draft amendments to Burlington Comprehensive Development Ordinance, November 27, 2018, 7:00 pm, Burlington City Hall b. Public Hearing by Burlington Planning Commission on draft planBTV Burlington Comprehensive Plan, December 5, 2018, 7:00 pm, Burlington City Hall c. Public Hearing by Winooski Planning Commission on Draft Winooski Master Plan, December 13, 2018 6:30 pm Winooski City Hall 12. Adjourn Respectfully submitted, Paul Conner, AICP Director of Planning & Zoning South Burlington Planning Commission Meeting Participation Guidelines 1. The Planning Commission Chair presents these guidelines for the public attending Planning Commission meetings to insure that everyone has a chance to speak and that meetings proceed smoothly. 2. Initial discussion on an agenda item will generally be conducted by the Commission. As this is our opportunity to engage with the subject, we would like to hear from all commissioners first. After the Commission has discussed an item, the Chair will ask for public comment. Please raise your hand to be recognized to speak and the Chair will try to call on each participant in sequence. 3. Once recognized by the Chair, please identify yourself to the Commission. 4. If the Commission suggests time limits, please respect them. Time limits will be used when they can aid in making sure everyone is heard and sufficient time is available for Commission to conduct business items. 5. Side conversations between audience members should be kept to an absolute minimum. The hallway outside the Community Room is available should people wish to chat more fully. 6. Please address the Chair. Please do not address other audience members or staff or presenters and please do not interrupt others when they are speaking. 7. Make every effort not to repeat the points made by others. 8. The Chair will make reasonable efforts to allow everyone who is interested in participating to speak once before speakers address the Commission for a second time. 9. The Planning Commission desires to be as open and informal as possible within the construct that the Planning Commission meeting is an opportunity for commissioners to discuss, debate and decide upon policy matters. Regular Planning Commission meetings are not “town meetings”. A warned public hearing is a fuller opportunity to explore an issue, provide input and sway public opinion on the matter. 10. Comments may be submitted before, during or after the meeting to the Planning and Zoning Department. All written comments will be circulation to the Planning Commission and kept as part of the City Planner's official records of meetings. Comments must include your first and last name and a contact (e-mail, phone, address) to be included in the record. Published by ClerkBase ©2019 by Clerkbase. No Claim to Original Government Works. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com TO: South Burlington Planning Commission FROM: Paul Conner, Director of Planning & Zoning SUBJECT: PC Staff Memo DATE: November 27, 2018 Planning Commission meeting 1. Directions on emergency evacuation procedures from conference room (7:00 pm) 2. Agenda: Additions, deletions or changes in order of agenda items (7:01 pm) 3. Open to the public for items not related to the agenda (7:02 pm) 4. Planning Commissioner announcements and staff report (7:10 pm) 5. Recap of November 13 City Council meeting / adoption of Interim Zoning Bylaw (7:15 pm) a. Nomination of Commissioner to serve on Transfer of Development Rights Committee b. Nomination of Commissioner to serve on Open Space Committee Jessica, Bernie and staff will provide and overview of the Council’s meeting from November 13th and of the Interim Zoning Bylaw and projects. Enclosed with the PC’s packet is a letter from City Manager Kevin Dorn to Committee chairs & staff liaisons providing guidance from the Council on the various projects & committee work. NOTE: Jessica reached out to the City Council to recommend / request that a Planning Commissioner also be invited to serve on the Open Space Committee. The Council at their meeting of November 19th considered the request and agreed to add a Planning Commissioner. No later than December 14th (and preferably sooner) the Commission is asked to nominate a member to serve on the TDR Committee and the Open Space Committee. 6. Scheduling action concerning initial consideration of requests for amendments to the Land Development Regulations discussed on October 9, 2018: (7:35 pm) [Work Plan #4] At the Commission’s October 9th meeting, two requests for zoning amendments were presented to the Commission. The Commission indicated that it would take up the Scenic View request when it addresses scenic views and that it would further examine the parking placement request in the next few meetings before pursuing it further. Based on the Council’s recent adoption of an Interim Zoning Bylaw and statement of project priorities, staff has advised the applicants that the Commission may not take these two items up for the foreseeable future, but that the Commission would formalize their decision at this meeting. 7. Commission Work Session: Planned Unit Developments (7:45 pm) a. Which elements to complete which to phase for post Interim Zoning period b. Introduction to application spreadsheet and review elements Please see the closed memo and materials from staff. 8. Commission consideration of update to FY 2019 Work Plan (8:40 pm) Commissioners are invited to review and determine priorities for the remaining ~7 months of this year’s work plan. Staff’s recommendation would be to first and foremost prioritize the the PUD project and related elements (see prior agenda item), followed by work related to the other Interim Zoning projects, followed thereafter by determining where to address inclusionary zoning which our understanding is that the Council expressed would be a second priority behind the Interim Zoning work. A copy of the work plan was provided for your October 23rd meeting. In addition, a copy can be found on the City’s Planning Commission website here: http://www.southburlingtonvt.gov/government/city_committees_boards/planning_commission .php 9. Consider resolution to approve Electric Vehicle Charging Station Grant (8:55 pm) See enclosed draft resolution. The City Council has already provided its approval. 10. Meeting minutes: October 23, 2018 (9:05 pm) 11. Other business (9:10 pm) a. Public Hearing by Burlington Planning Commission on draft amendments to Burlington Comprehensive Development Ordinance, November 27, 2018, 7:00 pm, Burlington City Hall b. Public Hearing by Burlington Planning Commission on draft planBTV Burlington Comprehensive Plan, December 5, 2018, 7:00 pm, Burlington City Hall c. Public Hearing by Winooski Planning Commission on Draft Winooski Master Plan, December 13, 2018 6:30 pm Winooski City Hall November 16, 2018 MEMO FROM: Kevin Dorn, City Manager TO: Jessica Louisos, Chair, Planning Commission Paul Conner, Director of Planning and Zoning David Crawford, Chair, Natural Resources Committee Ashley Parker, Project Manager Jennifer Kochman, Chair, Recreation and Parks Committee Holly Rees, Director of Recreation and Parks Department Dana Farr, Chair, Bike and Pedestrian Committee Ashley Parker, Project Manager Barbara Sirvis, Chair, Dog Park Committee Maggie Leugers, Committee Staff John Wilking, Chair, Economic Development Committee Kevin Dorn, City Manager, Committee Staff John Simson, Chair, Affordable Housing Committee Kevin Dorn, City Manager, Committee Staff CC: City Council Tom Hubbard, Deputy City Manager Amanda Lafferty, Deputy City Attorney The South Burlington City Council enacted Interim Zoning Bylaws at a Special Meeting on Monday, November 13 following a public hearing on the matter. The vote was 4 – 1. The Bylaw was modified slightly and is being rewritten. A copy of the updated and approved Bylaw will be forwarded to you when it is completed. This action by the Council responds to concerns raised by residents relating to the pace and scale of development generally in the southeast quadrant of the City. The Bylaws are in affect upon passage and are designed to give the Council, with the support of identified committees (see below), time to evaluate various development and open space questions free of concerns about development in the covered area occurring while the studies are ongoing. The Council has established a goal of completing the anticipated work under the Interim Bylaws within nine months, although there is a provision allowing for three-month extensions up to a statutory limitation of two years. Generally speaking, areas north of I-89 and I-189, and areas within approximately ¼ mile of Shelburne Road are exempt from the Bylaws. A map presented to the Council portraying the draft affected areas was amended by the Council. We anticipate that an updated map will be available within the next few days. Accompanying the adoption of the Interim Bylaws, the Council adopted a work plan addressing four specific study topics and assigning those topics to Committees, newly created committees or consultants. Attached is a copy of that workplan and the following are the topic areas where the Council will need your assistance; 1. Completion of Planned Unit Development regulations assigned to the Planning Commission. The Planning Commission is already engaged in this project and the Council requests that the Planning Commission make the completion of this project its highest, ongoing responsibility. 2. Identification and prioritization of existing open spaces, forest blocks and working landscapes. This project is to be undertaken by a newly-formed committee comprised of two members of the Natural Resources Committee, one member of the Recreation and Parks Committee, one member of the Bicycle and Pedestrian Committee, one member of the Dog Park Committee and one City Councilor, to be appointed by the Council. THE COUNCIL ASKS EACH OF THESE SOURCE COMMITTEES TO NOMINATE MEMBER(S) TO SERVE ON THE STUDY COMMITTEE AS SOON AS POSSIBLE. THE COUNCIL WILL CONSIDER THE RECOMMENDATIONS AND MAKE THE APPOINTMENTS. 3. Analyze the City’s system of Transferable Development Rights (TDRs) and make recommendations to the Planning Commission and then the Council regarding proposed changes. The Committee will be comprised of one member of the Planning Commission, one member of the Affordable Housing Committee, one member of the Economic Development Committee, one City Councilor, and one member of the public, to be appointed by the Council. THE COUNCIL ASKS EACH OF THESE SOURCE COMMITTEES TO NOMINATE A MEMBER TO SERVE ON THE STUDY COMMITTEE AS SOON AS POSSIBLE. THE COUNCIL WILL CONSIDER THE RECOMMENDATIONS AND MAKE THE APPOINTMENTS. THE COUNCIL WILL ADVERTISE FOR THE PUBLIC MEMBER TO THE COMMITTEE. 4. Cost benefit analysis of hypothetical development v. no development. The Council will hire consulting services to complete this analysis. Committees are asked to nominate members to serve on these two new committees (#2 and #3 above) as soon as possible but no later than Friday, December 14. If you have any questions, please email me or your staff liaison. Please forward your nominations to me to be presented to the Council which hopes to make appointments at their meeting on December 17. Thank you for your assistance in this important matter. 575 Dorset Street South Burlington, VT 05403 tel 802.846.4106 fax 802.846.4101 www.sburl.com MEMORANDUM TO: South Burlington Planning Commission FROM: Cathyann LaRose, AICP, City Planner SUBJECT: PUD Project Elements DATE: November 27, 2018 Planning Commission meeting As previously discussed, the ‘PUD Phase 2 Project’ is far more robust than the name implies. While the project will create clear expectations for the way planned unit developments function and create place, PUDs must be acknowledged not to exist in a vacuum. The project, when complete, will produce several new components, multiple adjustments to current development approaches, and extensive updates throughout the Land Development Regulations. In order to be efficient and expedient in time, and to deliver a meaningful set of regulations, staff has given consideration to all of the possible elements, and have outlined below a set of suggestions for which are critical before adoption, and which elements may be part of a second phase of changes to the Land Development Regulations. Critical to adoption: a. Planned Unit Development standards b. Subdivision standards c. Master plan standards except for City Center FBC area d. Site Plan standards e. Open space standards f. Creating graphic illustrations- including photographs, charts, and graphs- for some of these elements to make new regulations user-friendly and intelligible g. Building typology standards h. Consolidated and well-planned street standards i. Natural Resources Standards (could be partially in and partially delayed) j. Coordination of development with the stated goals of the 2016 Comprehensive Plan k. Re-evaluation of the underlying zoning districts- (partially in and partially delayed) l. Streamlining the application process and creating project scorecards such that measures of review are clear and objective m. Revisions to parking standards n. Miscellaneous cleanups of conflicting or duplicated standards within the LDRs. 2 Post IZ or second phase of LDR amendments: a. Master Plan Standards City Center FBC b. Part 2 of Natural Resource Standards c. Part 2 of Zoning District alignment d. Miscellaneous cleanups of conflicting or duplicated standards within the LDRs To be determined based on work of Interim Zoning Committees: a. Possible outcomes from Open Space project b. Possible outcomes from TDR amendments We’ll speak in detail of each one at the meeting on the 27th, but staff is confident that this division of tasks will allow for a timely completion of the most crucial aspects of this project, and capture most new development in a way that meets the stated goals of the City. R – 2018 - A RESOLUTION FOR THE ELECTRICAL VEHICLE SUPPLY EQUIPMENT GRANT PROGRAM WHEREAS, the City of South Burlington is committed to energy conservation, energy efficiency, and the use of renewable energy resources among the City's residents, businesses, and municipal assets; and WHEREAS, the State of Vermont FY 2019 Budget Act allowed for the establishment of the 2018 Electric Vehicle Supply Equipment (EVSE) Grant Program to install electric vehicle chargers at public locations including for the use of the public; and WHEREAS, the South Burlington Energy Committee has worked with the City staff to develop an application for grant funding to install electric vehicle chargers in the Community Center at 180 Market Street (Public Library, Senior Center, and City Hall) parking lot; and WHEREAS, the South Burlington Energy Committee voted to support said application at their October 29, 2018 meeting; and WHEREAS, the City of South Burlington is applying for funding the installation of electric vehicle chargers at 180 Market Street through the 2018 Electric Vehicle Supply Equipment (EVSE) Grant Program and under such program may receive an award of funds; and WHEREAS, the Department of Housing and Community Development may offer a Grant Agreement to this Municipality to secure said funding; and WHEREAS, if a grant is awarded, the City would be required to provide local matching funds. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends that the City Council authorize the City Manager to submit an application to the 2018 Electric Vehicle Supply Equipment (EVSE) Grant Program and execute such agreements and documents as may be necessary to secure any awarded grant funds under this application; and FURTHERMORE, BE IT RESOLVED that Planning Commission recommends that the South Burlington City Council agree to the requirements and obligations of this grant program including the commitment to provide matching funds in the amount of 10% of the total project cost. APPROVED this _____ day of ______________ , 2018. SOUTH BURLINGTON PLANNING COMMISSION __________________________________ ________________________________ Jessica Louisos, Chair Bernie Gagnon, Vice Chair __________________________________ ________________________________ Monica Ostby, Clerk Ted Riehle __________________________________ ________________________________ Art Klugo Duncan Macdonald __________________________________ Michael Mittag DRAFT SOUTH BURLINGTON PLANNING COMMISSION MEETING MINUTES 23 OCTOBER 2018 1 The South Burlington Planning Commission held a regular meeting on Tuesday, 23 October 2018, at 7:00 p.m., in the Conference Room, City Hall, 575 Dorset Street. MEMBERS PRESENT: B. Gagnon, Acting Chair; J. Louisos, Chair (via phone); A. Klugo, T. Riehle, M. Ostby, M. Mittag ALSO PRESENT: P. Conner, Director of Planning and Zoning; C. LaRose, City Planner; S. Dopp, A. Chalnick, R. Greco, other members of the public 1. Directions on emergency evacuation procedures from conference room: Mr. Gagnon provided directions on emergency evacuation procedures. 2. Agenda: Additions, deletions or changes in order of agenda items: Item #7 was deleted from the Agenda as staff had not had the chance to inform the applicants of this item. 3. Open to the public for items not related to the Agenda: No issues were raised. 4. Planning Commissioner announcements and staff report: Ms. Ostby noted she had toured the Winooski Valley Park District area off Van Sicklen Road that is a “created wetland” resulting from mitigation on the part of the Airport. Ms. Louisos noted that at the City Council meeting a member of the public misrepresented the Commission’s discussion on interim zoning the previous week. Ms. Louisos stressed that all Commissioner’s opinions are appreciated, and members do not question each other’s motives but believe everyone is free to say what they feel is best for the city. The Commission has a non-judgmental atmosphere. The speaker at the Council meeting accused a Commission member of “bullying.” Ms. Louisos said that didn’t happen, and she wanted to be sure that all members feel comfortable in speaking. Mr. Conner: On Election Day, Vince Bolduc, a St. Michael’s professor, will be having his class perform a survey of various topics. There are significant community items on the November ballot, and there are currently presentations about those items being held in the community. Tomorrow Mr. Conner with attend the South Burlington Land Trust’s monthly meeting. 2 5. Recap of City Council Discussion of growth and development in South Burlington and consideration of Interim Bylaws and related studies: Mr. Conner reviewed the City Council discussion. He noted that the Council then approved a resolution and directed the City Attorney to prepare a draft Interim Bylaw with a public hearing to be held on 13 November. The studies involved are largely those voted on by the Planning Commission at its last meeting plus the completion of the PUD study. Interim zoning would take effect when published in The Other Paper and would cover all construction of new dwellings outside of the Transit Overlay District plus Meadowlands and the Belter industrial parks and the Airport. The time-frame is different from what the Planning Commission proposed, 9 months instead of 6, with the ability to renew at 3-month intervals. Mr. Conner noted that these periods can be shortened by Council action. Ms. Ostby felt the Council should submit a map with all documents so people know what property is involved. She also hoped that in all communication it is made clear that this is not city-wide and is intended to be as brief as possible. Referring to comments made at the last City Council meeting, Mr. Klugo stated that his company is a commercial builder. He also noted that there the Commission is diverse and includes members with different perspectives who all come together for the public good. 6. Commission consideration of update to FY2019 Work Plan: Mr. Gagnon noted that some items that were of “lower priority” are now bubbling up higher, and some things will have to be bumped. Mr. Klugo questioned what other critical items the Commission should attempt to finish. Mr. Conner recommended Item #20 [projects that arise throughout the year]. He noted the Commission will have to complete with such things as street names, required public hearings, and other things for which they have a legal responsibility. Mr. Klugo asked about possible special meetings. Mr. Conner said they can try. Mr. Riehle said there should be flexibility if something very urgent occurs. Mr. Klugo suggested this is especially true of things where they might lose funding. Mr. Conner added things that are related to a contract. He inquired about the annual meeting with the DRB. Ms. LaRose suggested reviewing this around the New Year to see where things stand. The Commission will have to decide whether to ask people to come back in April or June with requests. Ms. Louisos supported dealing with #20 and with things related to grants and contracts. She hoped members would allow flexibility for her and for staff to make those decisions do the city doesn’t miss out on opportunities for studies and/or funding. 7. (formerly #8) Discuss recommendations to City Council regarding proposed Interim Bylaw studies to be undertaken: a. Completion of Planned Unit Development regulations b. Prioritization of open land 3 c. Analysis of transfer of development rights (TDR) program d. Economics/cost-benefit of land use assessment Regarding the PUD regulations, Mr. Conner said staff assumed the Commission would like to be the lead on that, and staff would prioritize this for the Commission’s work. It will be a significant item, and there won’t always be a recommendation. Ms. LaRose noted that to date the Commission has worked with committees on various points. She asked if the Commission anticipates one big meeting with everyone and then return to smaller working groups. Mr. Mittag felt there are several months work left on this and that the Commission should focus on open land, then TDRs which is what the public wants. Mr. Klugo said if the PUD studies aren’t done, properties that are to be developed will be developed without the new standards. Ms. Ostby agreed that PUDs should be pushed back. Mr. Klugo stressed the danger in “going through this linearly.” Mr. Gagnon agreed and noted that the PUD things aren’t just related to land that will be saved. There may be lands the city doesn’t want to purchase or land in the Transit Overlay District that isn’t covered by interim zoning. He felt the studies should run parallel. Ms. Louisos agreed and felt they are all #1 priorities but questioned how to do this. She felt the bulk of the PUD work should be done by the Commission. Ms. Ostby said much of the TDR issue is outside the Commission’s expertise legally and they will need help with what they can and can’t do. Mr. Mittag suggested having a lead Commission person for each of the items. Mr. Conner said the PUD study will be a featured Planning Commission agenda item through the coldest part of the winter. Mr. Klugo asked how many of the open items are in the consultant’s contract. Mr. Conner said the consultant is pretty far along but they will want guidance on some items. Mr. Klugo said for each item they will have to identify the goals to be accomplished. He suggested having flip charts and a process to work through this. Ms. Ostby suggested having 2 members focus on one project. With regard to open land, Mr. Conner suggested a process to take place with a new separate working group of people who have been through an interview with the Council (e.g., Natural Resources, Bike/Ped, Economic Development, Recreation/Parks Committees, etc.) plus one or 2 Commission members who could bring information back to the Commission. Mr. Conner suggested that TDRs require a 2-phase process: 1. Understanding what is possible 2. Deciding what action to take 4 The first part requires a small project team (Commission, Council, consultant, etc.). Questions to be considered are: 1. Is the objective to create a stronger demand for TDRs? 2. Is there to be a shift from the current receiving areas? 3. Does this work outside the Southeast Quadrant (SEQ)? Regarding the economics issue, Mr. Conner noted staff has initiated conversation with Regional Planning as to what could be the scope. Mr. Klugo felt this can’t be done in a narrow scope. Ms. LaRose agreed that just to look at tax dollars doesn’t work. Mr. Gagnon suggested that members think about this for a few weeks and come back to the next meeting with ideas. Ms. Ostby noted there are areas in the work plan that seem to fit into the interim zoning study areas, such as open land, scenic views, river corridor studies. Ms. Greco noted that the concern of the public is with open space and there are dozens of studies regarding the economic benefits of conserving open land. She cited a study done in September, 2018 in Vermont which showed a 9-1 return from conservation. Mr. Chalnick agreed, and said the goal is to preserve open space, and that is what the Council’s resolution is. Noah said the land should be conserved for future development. There doesn’t have to be a rush now. Another member of the public cited the need for space for recreational activities. Mr. Mittag said he would like to cull the PUD list so it is more focused. Mr. Gagnon said he generally agreed and suggested members come back with what they would like to cull. He also asked them to rank the all of typologies in order of priority. Mr. Conner noted the Council talked about the inefficiencies of some of the small developments which fall under the Act 250 threshold. He cautioned against dismissing some of the more compact types of development. Regarding open lands, members were OK with staff recommendations regarding working groups. Mr. Klugo said he would defer to working groups to make recommendations on the lands to be conserved. Ms. Dopp noted that the Natural Resources Committee did a checklist a few years ago. 5 Mr. Conner asked whether the Commission wanted to assess where there should be active recreation areas considered as the Council charge did not include this. Mr. Klugo said that committees should be asked for their top 3 needs/recommendations. Commissioners agreed that this should be examined. Mr. Conner noted that the purpose of interim zoning is to allow tools to come into place. Mr. Klugo said what is being said is that the existing tools aren’t working. Mr. LaRose said they may not be the right tools for conservation. Mr. Klugo cited the Open Space Fund. Ms. LaRose noted that interim zoning requires a “regulatory tool.” If you don’t have that, you haven’t met the goal. Mr. Klugo cited the need to understand the framework the Commission needs to operate under. He added that if the city and property owner can’t agree on the value of the land, what tool is there to prevent an owner from building on the land. Mr. Riehle felt that is a legal issue for the City Attorney. Mr. Conner said staff’s recommendation is that for this to be successful, in some manner there have to be tools that come out of it. He added that staff may have this information. Mr. Klugo said it would be fruitless for the Commission to discuss this without the knowledge that staff has. Regarding TDRs, Mr. Mittag felt the ordinance needs to be completely rewritten. He supported having a working group deal with policy on this. Mr. Klugo said he wants a sustainable TDR policy that works for South Burlington. Mr. Klugo then moved to have Mr. Gagnon and Ms. Louisos summarize the Commission’s recommendations and submit them to the City Council. Mr. Riehle seconded. Motion passed 6-0. It was agreed that members would see the recommendations before they are submitted to the Council for individual comments. 8. Status Report on PUD’s: Mr. Conner said the first things to be discussed are: 1. What is “in” and “out”? 2. How is density to be measured? Ms. LaRose said the next discussion will focus on what is critical. 9. Consideration of approval of street names in Cider Mill II: Mr. Mittag moved to accept staff’s recommendation with a spelling correction. Ms. Ostby seconded. Motion passed 5-1, with Mr. Riehle voting against. 10. Minutes of 9 October 2018: Members agreed to defer consideration of the minutes. 6 11. Other Business: Mr. Mittag asked if there is a way to get agendas before late on Friday? Mr. Conner said staff will discuss this. He noted the current system works well because the Planning Commission and DRB alternate. Ms. LaRose stressed that staff is always willing to meet individually with members. a. Upcoming Meetings: Members agreed not to meet on 13 November so they can attend the City Council’s public hearing on Interim Zoning. The next Commission meeting will be on 27 November. b. 2019 Shelburne Comprehensive Plan Update, public hearing on 15 November, 7 p.m. Mr. Conner said no action is needed on this item. As there was no further business to come before the Commission, the meeting was adjourned by common consent at 10:00 p.m. ___________________________________ Clerk The programs and services of the City of Burlington are accessible to people with disabilities. For accessibility information call 865-7188 (for TTY users 865-7142). Department of Planning and Zoning 149 Church Street, City Hall Burlington, VT 05401 www.burlingtonvt.gov/pz Phone: (802) 865-7188 Fax: (802) 865-7195 David White, FAICP, Director Meagan Tuttle, AICP, Comprehensive Planner Jay Appleton, Senior GIS/IT Programmer/Analyst Scott Gustin, AICP, Principal Planner Mary O’Neil, AICP, Principal Planner Ryan Morrison, Assistant Planner Shaleigh Draper, Zoning Clerk Layne Darfler, Planning Technician TO: South Burlington Planning Director Colchester Planning Director Winooski Planning & Zoning Manager Chittenden County Regional Planning Director VT Department of Housing and Community Development FROM: Meagan Tuttle, AICP, Comprehensive Planner, City of Burlington DATE: November 1, 2018 RE: Burlington Comprehensive Development Ordinance Amendments Enclosed, please find proposed amendments to the City of Burlington Comprehensive Development Ordinance:  ZA-19-05: Density Calculations  ZA-19-06: Article 7 Signs The Planning Commission will hold a public hearing on the proposed amendments on Tuesday, November 27, 2018 at 6:45 pm in Conference Room 12, City Hall, 149 Church Street, Burlington. Please ensure this communication is forwarded to the chairs of your respective Planning Commissions. Submit any communications for the Planning Commission’s consideration at the hearing to me by close of business on November 26, 2018. Thank you. CC: Andy Montroll, Burlington Planning Commission Chair Kimberly Sturtevant, Assistant City Attorney David White, FAICP, Planning Director Scott Gustin, AICP, Principal Planner Burlington Planning Commission 149 Church Street Burlington, VT 05401 Telephone: (802) 865-7188 (802) 865-7195 (FAX) (802) 865-7144 (TTY) www.burlingtonvt.gov/pz Andy Montroll, Chair Bruce Baker, Vice Chair Yves Bradley Alex Friend Emily Lee Harris Roen Jennifer Wallace-Brodeur PUBLIC HEARING NOTICE Burlington Comprehensive Development Ordinance ZA-19-05 Density Calculations ZA-19-06 Article 7 Signs Pursuant to 24 V.S.A. §4441 and §4444, notice is hereby given of a public hearing by the Burlington Planning Commission to hear comments on the following proposed amendments to the City of Burlington’s Comprehensive Development Ordinance (CDO). The public hearing will take place on Tuesday, November 27, 2018 beginning at 6:45pm in Conference Room 12, City Hall, 149 Church Street, Burlington, VT. Pursuant to the requirements of 24 V.S.A. §4444(b): Statement of purpose: This amendment is proposed to the Burlington CDO as follows:  ZA-19-05: The purpose of this proposed amendment to provide additional detail regarding the method for calculating permitted density on a lot, to incorporate language into this calculation that is consistent with Article 13 Definitions, and to update the methodology for calculating non- residential density.  ZA-19-06: The purpose of this proposed amendment is a comprehensive update to the city’s sign regulations in an effort to create a more prescriptive and objective series of sign types by which to regulate the dimensions, number, size, location, lighting, and general design of each type and thereby assure content neutrality. Geographic areas affected: the proposed amendments are applicable to the following areas in the City of Burlington:  ZA-19-05: The amendment applies to all areas of the city.  ZA-19-06: The amendment applies to all areas of the city. List of section headings affected:  ZA-19-05: The proposed amendment modifies Sec. 5.2.7 (a) Dwelling Units per Acre.  ZA-19-06: The proposed amendment modifies all sections of Article 7: Signs. The full text of the Burlington Comprehensive Development Ordinance and the proposed amendment is available for review at the Department of Planning and Zoning, City Hall, 149 Church Street, Burlington Monday through Friday 8:00 a.m. to 4:30 p.m. or on the department’s website at www.burlingtonvt.gov/pz. Department of Planning and Zoning 149 Church Street Burlington, VT 05401 Telephone: (802) 865-7188 (802) 865-7195 (FAX) (802) 865-7142 (TTY) www.burlingtonvt.gov//PZ Burlington Planning Commission Report Municipal Bylaw Amendment ZA-19-05 Density Calculations This report is submitted in accordance with the provisions of 24 V.S.A. §4441(c). Explanation of the proposed bylaw, amendment, or repeal and statement of purpose: The purpose of this proposed amendment is to provide additional detail regarding the method for calculating permitted residential density on a lot, to incorporate language into this calculation that is consistent with Article 13 Definitions, and to update the methodology for calculating non-residential density. Conformity with and furtherance of the goals and policies contained in the municipal development plan, including the availability of safe and affordable housing: The portion of this proposed amendment regarding the method for calculating residential density does not have an impact on the allowable density of residential lots, and therefore has no impact on the goals and policies regarding safe and affordable housing. The portion of the proposed amendment regarding the method for calculating non-residential density furthers the plan’s policies regarding the availability of safe and affordable housing, specifically by removing language which considers hallways, stairwells and other supporting areas of residential buildings towards the residential density limit. This calculation effectively limits the permissible number of dwelling units for multi-family residences. Eliminating this provision is consistent with the plan’s housing action to “support the creation of new rental and owner-occupied housing units on every parcel of land zoned for residential development at the number of units allowed by zoning”. Compatibility with the proposed future land uses and densities of the municipal development plan: The proposed amendment corrects the methodology outlined in the Comprehensive Development Ordinance such that lots may be developed, and the densities more accurately calculated, at the densities permitted within various zoning districts. Implementation of specific proposals for planned community facilities: The proposed amendment has no impact on planned community facilities. Department of Planning and Zoning 149 Church Street Burlington, VT 05401 Telephone:(802) 865-7188 (802) 865-7195 (FAX) (802) 865-7142 (TTY) David White, FAICP, Director Meagan Tuttle, AICP, Comprehensive Planner Jay Appleton, GIS Manager Scott Gustin, AICP, CFM, Principal Planner Mary O’Neil, AICP, Principal Planner Ryan Morrison, Associate Planner Layne Darfler, Planning Technician Shaleigh Draper, Zoning Clerk TO: Planning Commission FROM: Scott Gustin DATE: October 16, 2018 RE: Density Calculations Reassigned as ZA-19-05 Amendment ZA-18-04 Density Calculations expired on October 10, 2018. Before its expiration, City Council’s Ordinance Committee reviewed and approved the amendment as it was referred to them by the Planning Commission. Further, the motion indicated the following actions: “(1) approve the ordinance amendment as proposed and refer to the Planning Commission to have a public hearing on a new and identical proposed amendment and (2) recommend that if such a proposed new and identical amendment is recommended by the Planning Commission to suspend the rules and have a first and second reading and public hearing at City Council with a recommendation of adoption.” As such, proposed ZA-18-04 is expired. A new and identical ZA-19-05 is proposed, which includes the following changes. Deleted language is crossed out and new language is underlined in red. Sec. 5.2.7 Density and Intensity of Development Calculations (a) Dwelling Units per Acre: In accordance with the district-specific provisions of Article 4, the calculation of development intensity density shall be measured as follows in such cases where the intensity of development density is measured on a dwelling unit per acre basis: 1. Density Calculation: The total number of dwelling units provided on a development site lot or lots, or portion of the site lot(s) where split by a zoning district boundary, shall be divided by the gross net site area of the lot(s) expressed in acres calculated to the nearest fractional tenth (i.e. to a single decimal point). The net area of the lot(s) shall account for buildable area where applicable (see Sec. 5.2.4). In calculating the number of residential dwelling units permitted, fractional units of less than five-tenths (0.5) shall be rounded down to the nearest whole number and fractional units of five- tenths (0.5) or greater shall be rounded up to the nearest whole number. Any rounding of fractional units shall be limited to a single final calculation for any development. 2. Density Equivalent, Nonresidential Uses: For purposes of density calculations, each one thousand, five hundred (1,500) square feet of nonresidential gross floor area not contained within a dwelling unit or within common hallways, stairwells and elevator shafts serving said dwelling units shall be counted as one dwelling unit. (b) Floor Area Ratio: As written. Department of Planning and Zoning 149 Church Street Burlington, VT 05401 Telephone: (802) 865-7188 (802) 865-7195 (FAX) (802) 865-7142 (TTY) www.burlingtonvt.gov//PZ Burlington Planning Commission Report Municipal Bylaw Amendment ZA-19-06 Article 7 Sign Ordinance This report is submitted in accordance with the provisions of 24 V.S.A. §4441(c). Explanation of the proposed bylaw, amendment, or repeal and statement of purpose: The purpose of this proposed amendment is a comprehensive update to the city’s sign regulations in an effort to create a more prescriptive and objective series of sign types by which to regulate the dimensions, number, size, location, lighting, and general design of each type, and thereby assure content neutrality. Conformity with and furtherance of the goals and policies contained in the municipal development plan, including the availability of safe and affordable housing: The proposed amendment has no impact on the goals and policies in the Municipal Development Plan regarding the availability of safe and affordable housing. Compatibility with the proposed future land uses and densities of the municipal development plan: The proposed amendment has no impact on the proposed future land uses and densities of the Municipal Development Plan. Implementation of specific proposals for planned community facilities: The proposed amendment has no impact on planned community facilities. ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 1 Burlington Comprehensive Development Ordinance PROPOSED: ZA-19-06 Article 7 Signs As warned for Public Hearing – November 7, 2018 Changes shown (underline to be added, strike out to be deleted) are proposed changes to the Burlington Comprehensive Development Ordinance. Purpose: This amendment is a comprehensive revision of the city’s sign regulations in an effort to create a more prescriptive and objective series of sign types by which to regulate the dimensions, number, size, location, lighting, and general design of each type and thereby assure content-neutrality. ARTICLE 7: SIGNS Introduction: This Article of the Burlington Comprehensive Development Ordinance addresses the type, size, location, and design of all types of Signs throughout the city. In the regulation of Signs, it is important to understand that the City is considering only the physical aspects of the Sign, not content. Signs can be considered and permitted individually, or as part of a “Sign Master Plan” that treats all Signs within a development or complex as a group to encourage creativity. Table of Contents – to be revised later PART 1: GENERAL PROVISIONS Sec. 7.1.1 Authority and Intent These regulations are enacted under the provisions of 24 V.S.A. Section 4411 with the intent to ensure that all signSigns and advertising features arethat: (a) Effectively maintain a safe and orderly pedestrian and vehicular environment by being legible and not distracting to motorists, cyclists, and pedestrians; (b) Reduce potentially hazardous conflicts between Signs and traffic control devices; (c) ComplimentCompatible with their surroundings, and protect and promote neighborhood and community character; (d) Effectively optimize communication that support the community’s sustained economic development, and reduce visual clutter within or directed upon the public realm; and, Formatted: Tab stops: 0", List tab + Not at 0.75" ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 2 (a)(e) Are Aan enhancement to the city's visual built environment, and are harmonious in size, design, color, material, and lighting with the building to which it relates, without removing, obscuring or detracting from the community’s character, history, and architecture.; Sec. 7.1.2 Permit Required All signSigns, regardless of size, shall require the issuance of a zoning permit subject to the standards of this Article before public erection and display unless otherwise specifically exempt by this Article. All Signs must be maintained in a condition or state of equivalent quality to which it was approved or required by the City. Sec. 7.1.3 Exemptions Repainting, refacing, repair, or change of lettering, logo, or colors using the same materials within an existing permitted Sign frame shall be exempt from the requirements of this Article and allowed without the requirement to obtain a new zoning permit. The following types of signSigns are permitted in all parts of the city, and shall also be exempt from the requirements of this Article and the necessity to obtain a permit: (a) Political Signs: Signs advertising political parties and/or candidates provided: 1. The size of such signs does not exceed thirty two (32) square feet; 2. Such signs are not erected earlier than forty five (45) days prior to the election to which they pertain; and, 3. All such signs are removed within three (3) days after the date of the election. (a) Highway and Official SignSigns. Subject to approval by the city engineer, signSigns within the public right-of-way or along a public thoroughfare designed and placed in conformance with the Manual on Uniform Traffic Control Devices (MUTCD) published by the US Dept. of Transportation, and other public information, traffic control, identification, special event, directional, public notice, and other such Signs erected by or at the direction of a government agency, court, or public utility in the performance of their public duty. other official public signs or notices placed on a temporary basis for use by emergency services or public utilities. (b) Street Address Identification Signs. As required pursuant to Chapter 27 Sec. 101 of the Burlington Code of Ordinances, nNumerals that identify the street address of the property so that it can be easily identified from thea public streetthoroughfare by patrons, guests, and emergency responders provided such numerals are a minimum of 3-inches and maximum of 10-inches in height, and the area of any suchthe signnumerals does not exceed two (2) square feet. In cases where the building is not located within view of the public street, the Formatted: Tab stops: 0.38", List tab + Not at 0.75" Formatted: Tab stops: 0.13", List tab + Not at 0.5" Formatted: Tab stops: 0.38", List tab + Not at 0.75" + 1" Formatted: Tab stops: 0.13", List tab + Not at 0.5" Formatted: Font: Italic ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 3 numerals shall be located on a mailbox or other suitable device such that it is visible from a public thoroughfare. (c) Directional Signs: Non-illuminated signs displayed on private property strictly for the direction, safety or convenience of the public, including such signs which identify the location of restrooms, telephone booths, parking area entrances or exits, freight entrances or the like, provided the area of any such sign shall not exceed two (2) square feet. (d) Real Estate Sale/Rental Sign. One temporary non-illuminated sign advertising the sale or rental of the premises or indicating that such premises have been sold or rented, provided the area of any such sign shall not exceed six (6) square feet and shall be removed within three (3) days after the rental agreement has been executed or title has been transferred. (c) Flags: 1. Flags or emblems of religious, educational, or governmental organizations, not to exceed 15 square feet with no single dimension greater than five feet provided they not exceed three flags per 50 feet of frontage, and are flown from supports of the buildings or grounds being occupied by the organization or an individual. In all Rresidential and RCO zones:, up to two (2) flags andwhich may or may not be attached to one (1) freestanding pole per lot. In all other zones, one (1) flag per 25 feet of a lot’s road frontage, up to a maximum of six (6) flags and six (6) poles. In all zones, eEach flag may be up to 1515 square feet in area with no single dimension exceeding 55- feet. The height of theAny freestanding flag pole shall not exceed the height limit for the zone per the district-specific dimensional requirements of Article 4. Flag pole shall meet the maximum height and minimum setback requirements setbacks shall be per the district-specific dimensional requirements of Article 4. (e)2. In all other Zoning or Form districts: 1 flag per 25 feet of a lot’s road frontage, up to a maximum of 6 flags which may or may not be attached to up to 6 freestanding poles are permitted. Each flag may be up to 24 square feet in area with no single dimension exceeding 6-feet. The height of any freestanding flag pole shall not exceed the highest point of the Principal building on the lot or 50-feet whichever is lower, and shall meet the minimum setback requirements per the district-specific dimensional requirements of Article 4 or 14 or 10-feet whichever is more restrictive. (f) Contractor Sign. A single non-illuminated sign, not exceeding thirty-two (32) square feet in area, maintained on the premises while a building is actually under construction. (d) Property Management, Information, and Directional Restriction SignSigns. Non- illuminated signSigns two (2) square feet or less in size controlling access to a property and/or oriented to and intended primarily for use internal to the property. Examples may includesuch as those announcing no trespassing or solicitation; warning of hidden dangers; the private nature of a road, or driveway, or premises; Formatted: Tab stops: 0.13", List tab + Not at 0.5" Formatted: Indent: Left: 0.5", Tab stops: 0.75", List tab + Not at 1" Formatted: Tab stops: 0.13", List tab + Not at 0.5" ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 4 directional and parking; and, or regulating fishing or hunting on the premises, provided the area of any such sign shall not exceed two (2) square feet. (e) Signs Inside Buildings. Any Sign which is located completely within an enclosed building and 12-inches or more behind a window or door provided they do not obscure more than 40% of the total window area between 4 and 7 feet above the adjacent sidewalk and otherwise preclude an unobstructed view into the establishment from the sidewalk. (f) Vending Machines and Gas Pumps: Signs incorporated into vending machines or fuel pumps. (g) Signs Within an Athletic Field or Complex: Any Signs facing inward to the field of play and associated spectators such as those affixed to a wall, window, fence, or scoreboard. (g) (h) Historic Marker: A non-illuminated Wall Sign two (2) square feet or less in size commemorating the historic significance of a building or site.Holiday Decorations: Holiday decorations displayed for and during recognized federal, state, or religious holidays to the extent they do not interfere with traffic safety or in any way becomes a public safety hazard. (h) Home Occupation Signs. One non-illuminated sign for a permitted home occupation not to exceed two (2) square feet. Temporary Signs. All temporary signs are subject to the following provisions i-iv: Must not be located within any public street right-of-way unless permitted by the Department of Public Works. Must only be located on the property owned by the person whose sign it is and must not be placed on any utility pole, street light, or similar object unless permitted by the Department of Public Works. Must not be illuminated. Must be removed within 14 days after the election, sale, rental, lease, or conclusion of event which is the basis for the sign unless otherwise expressly allowed under individual temporary sign types. Types of allowed temporary signs: One sign of up to two (2) square feet may be placed on a property at any time for up to 30 consecutive days. Up to [?] signs with an aggregate area of [?] may be placed on a property for a period of 30 days prior to an election involving candidates for a federal, state, or local office that represents the district in which the property is located or involves an issue on the ballot of an election within the district where the property is located per issue and per candidate. Formatted: Font: 12 pt, Underline Formatted: Font: 12 pt Formatted: Underline Formatted: Font: 12 pt Formatted: Underline Formatted: No underline Formatted: Tab stops: 0.13", List tab + Not at 0.5" Formatted: No underline ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 5 One sign of up to six (6) square feet may be placed on a property being offered for sale. Such sign may remain for a period of 15 days following the date on which a contract of sale has been executed by a person purchasing the property. (i) One sign of up to six (6) square feet may be placed on a property on a day when the property owner is opening the property to the public; provided, however, such a sign may not be used for more than 2 days in a year in all residential and RCO zones and may not be used for more than 14 days in a year in all other zones. Temporary Signs: Temporary Signs are permitted subject to the standards found in Sec. 7.1.5 Temporary Signs below. (j) Murals: Non-commercial artistic expression in the form of a unique hand-produced work of visual art which is tiled, painted directly upon, or otherwise affixed or placed directly onto an exterior wall of a building or structure provided that the Mural: 1. does not contain any advertising copy, symbols, lettering, logos or other such recognized branding related to products or services provided on the premises where the mural is located except where otherwise permitted and incorporated into a permitted Sign Type as provided in Secs. 7.2.2 through 7.2.14 Sign Types; 2. is placed on a Secondary Frontage or non-street-facing side or rear elevation of a Building or Structure; and, (i)3. is not illuminated. (j) Residential Sign: A sign of less than two (2) square feet which serve only to indicate the name and address of residential occupants. (k) Memorials/Interpretive Markers. Non-illuminated memorial, interpretive, signs or historical signs or tablets displayed by a public or educational non-profit agency strictly for the purpose of informing or educating the public provided the area of any such sign shall not exceed thirty two (32) square feet. Sec. 7.1.4 Prohibited Signs The following types and characteristics of signs Signs shall be prohibited in all parts of the city: (a) No person shall paint, paste, brand, stamp, or in any other manner hang, place on or over, or attach to any tree, rocks, or other natural feature; , and any utility pole, street light, transformer, hydrant, bench, or any similar object or surface utility pole, or other pole on any street or public right-of-way, any sign, excluding an official sign, or otherany advertisement, bill, notice, card, Sign, or poster for any purpose unless as permitted by this Article or otherwise installed by or at the direction of the Department of Public Works or the Burlington Electric Department. (b) Any off-premise sign which advertises or otherwise directs attention to any commodity or activity goods, products, or services which are not sold, Formatted: Underline Formatted: No underline Formatted Formatted: Tab stops: 0.13", List tab + Not at 0.5" Formatted: Keep with next, Keep lines together Formatted: Keep with next, Keep lines together, Tabstops: 0.13", List tab + Not at 0.5" Formatted: Tab stops: 0.13", List tab + Not at 0.5" ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 6 manufactured, or distributed on or from the property on which the sign is located. offered or conducted elsewhere than on the premises upon which such sign is located unless otherwise provided for in Sec. 7.1.7. (c) Any sign or supporting structure located in or over the traveled portion of any public right-of-way unless the sign is attached to a structural element of a building and an encroachment permit has been obtained from the Ddepartment of Ppublic Wworks. Any sign or other advertising device with visible moving or movable parts or with flashing animated or intermittent illumination (except signs indicating the time, date or weather conditions), and any sign that contains any fluorescent paint or device, including mirrors, which has the effect of intensifying reflected light. (b) No sign or advertising device attached to a building shall be located on the roof. Nor shall any sign or advertising device project above the roof or parapet line. Nor shall any sign or advertising device project more than 12 inches out from the wall to which it is attached.Signs that may obstruct the view of approaching or intersecting traffic, or otherwise interfere with the clear and unobstructed view of a highway or official Sign and/or the safe movement of vehicles, bicycles, or pedestrians operating within, entering, leaving, or crossing a public right-of-way, sidewalk, path, or Thoroughfare including those located within a clear sight triangle; (c) Any Sign and/or Sign structure that obstructs the view of, imitates, or otherwise may be may be confused with a governmental, traffic or safety Sign; (d) Any Sign and copy that mimics the City’s E-911 street naming and addressing system by using a fictitious, or “vanity,” address consisting of a combination of a number, name, and/or place type (e.g. “1 City Square”) that has not been assigned by the City and thus may interfere with the timely and accurate response by emergency services. (e) Signs that interfere with free passage from or obstructs any fire escape, downspout, window, door, stairways, ladder, or building opening intended as a means of ingress or egress or providing light or air. (f) Signs located on any property without prior authorization granted by the Property Owner; (g) Any Sign which advertises goods, products, or services which are not sold, manufactured, stored, or distributed on or from the property on which the Sign is located. (h) Signs located on the roofs of Buildings or Structures, or that project above the roof or parapet line; (i) Signs mounted, attached, or painted on a trailer, boat, motor vehicle, or other mobile conveyance when parked, stored, or displayed conspicuously close to or within the public right-of-way in a manner intended to attract the attention of the public for advertising purposes, except where the motor vehicle or trailer is Formatted: Tab stops: 0.13", List tab + Not at 0.5" ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 7 regularly and consistently used and moved to conduct normal business activities; and, (j) Signs of any of the following types or with any of the following features or characteristics: a. Any Sign, portion of a Sign, or other advertising device with: i. visibly moving or movable parts; or, ii. flashing, animated, or intermittent illumination except for those specifically allowed in Sec. 7.1.9 or Sec. 7.2.7; or, iii. fluorescent paint or tape, mirrors, disks, reflectors, or similar devices which has the effect of intensifying reflected light. b. Inflatable Signs, such as but not limited to balloons, gas inflated Signs, blimps, or similar inflated Signs; c. Portable Signs, except for Sandwich Board Signs as permitted under Sec. 7.2.11 below or by the Department of Public Works for placement in the public right-of-way; d. Windblown devices such as but not limited to, streamers, spinners, banners, pennants, and Flags other than those specifically allowed in Sec. 7.1.3 (d); and, e. Searchlights, outdoor image projections, or any other similar displays projected from an external light source into the sky or onto any Building, Structure, right-of-way, or Thoroughfare, except as may be allowed on a limited basis for special events by the Church Street Marketplace Commission, Public Works Commission, Parks Recreation and Waterfront Commission, or City Council. Formatted: List Paragraph, Left, Tab stops: 0.63", Listtab + Not at 1" Formatted: List Paragraph, Left Formatted: Tab stops: 0.63", List tab + Not at 1" Formatted: No bullets or numbering ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 8 Sec. 7.1.5 Temporary Signs The display of any such temporary sign(s) shall be limited to two non-consecutive 30-day periods per calendar year. Any other sign shall be considered permanent. The following types of Temporary Signs are allowed in all Districts without the requirement of a zoning permit provided they meet the standards found in Table 7.1.5-A - Temporary Signs below: Table 7.1.5-A Temporary Signs Temporary Banner Number of Signs 1 on a primary street frontage Types Allowed Wall Sign Area 50 sf max. Sign Height No higher the floor level of the 2nd story. Illumination None Duration/Frequency Shall not exceed 30 consecutive days and a maximum of 2 display periods per calendar year separated by a minimum of 30 days between display periods. Temporary Sign Number of Signs 1 on a primary street frontage Types Allowed Freestanding, Wall, or Window Sign Area 6 sf max. for any individual Sign Sign Height Freestanding: 4’ max above the finished grade (including supports), 3’ max if located within a Clear Sight Triangle Wall or Window: No higher the floor level of the 2nd story. Illumination None Duration/Frequency Shall not exceed 30 consecutive days and a maximum of 2 display periods per calendar year separated by a minimum of 30 days between display periods. Real Estate Sign Number of Signs 1 on a primary street frontage of a property offered for rent or sale Types Allowed Freestanding, Wall, or Window Sign Area 6 sf max. Sign Height Freestanding: 4’ max above the finished grade (including supports), 3’ max if Formatted: No bullets or numbering, Keep with next, Keep lines together Formatted: Keep with next, Keep lines together Formatted: Font: 14 pt, (Intl) Arial Formatted Table Formatted: Font: 14 pt, (Intl) Arial Formatted: Font: 12 pt, (Intl) Arial Formatted: Keep with next, Keep lines together Formatted Table Formatted: Font: +Body (Calibri) Formatted: Keep with next, Keep lines together Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Keep with next, Keep lines together Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Keep with next, Keep lines together Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Keep with next, Keep lines together Formatted: Underline Formatted: Underline Formatted: Font: +Body (Calibri) Formatted: Keep with next, Keep lines together Formatted Table Formatted: Font: +Body (Calibri) Formatted: Keep with next, Keep lines together Formatted: Font: +Body (Calibri) Formatted: Don't keep with next, Don't keep linestogether Formatted: Don't keep with next, Don't keep lines together Formatted: Don't keep with next, Don't keep lines together Formatted: Don't keep with next, Don't keep linestogether Formatted: Don't keep with next, Don't keep lines together ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 9 Table 7.1.5-A Temporary Signs located within a Clear Sight Triangle Wall or Window: No higher the floor level of the 2nd story. Illumination None Duration/Frequency Shall not be erected prior to the property being offered for sale or rent, and shall be removed within 3 days after a rental agreement has been executed or title to the property has been transferred. Election Period Sign Number of Signs 6 Signs max. per property Types Allowed Freestanding, Wall, and/or Window including Banners Sign Area 6 sf max. for any individual Sign Sign Height  Freestanding: 4’ max above the finished grade (including supports), 3’ max if located within a Clear Sight Triangle  Wall or Window (including Banners): No higher the floor level of the 2nd story. Illumination None Duration/Frequency Shall not be erected earlier than 60 days prior to an election, and shall be removed within 3 days afterwards. Construction Site Sign Number of Signs 1 per street frontage max. Sign Types Allowed Freestanding or Wall Total Sign Face Area 32 sf max in a Residential or RCO district; or, 64 sf max in all other districts. Sign Height 8’ max. Illumination None Location Installed on the premises of a project under construction Duration/Frequency Installed no sooner than one week prior to the commencement of construction and shall be removed within 24 hours of completion of construction or if the project ceases construction for 12 months or longer. Construction Site Wrap Number of Signs 1 per street frontage max. Sign Height 12’ max. Illumination None Location Installed along the perimeter of the premises of a project under construction. Must not be located within any public street right-of-way unless permitted by the Department of Public Works Duration/Frequency Installed no sooner than one week prior to the commencement of construction and shall be removed within 24 hours of completion of construction or if the project ceases construction for 12 months or longer. Formatted: Font: 14 pt, (Intl) Arial Formatted Table Formatted: Font: 14 pt, (Intl) Arial Formatted: Don't keep with next, Don't keep lines together Formatted: Don't keep with next, Don't keep lines together Formatted: Line spacing: single, Don't keep with next,Don't keep lines together Formatted: Indent: Left: 0.2", Bulleted + Level: 1 + Aligned at: 0.47" + Indent at: 0.72" Formatted: Font: 12 pt, (Intl) Arial Formatted Table Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Font: 12 pt, (Intl) Arial Formatted: Don't keep with next, Don't keep lines together Formatted: Font: +Body (Calibri) Formatted: Don't keep with next, Don't keep linestogether Formatted: Font: +Body (Calibri) Formatted: Don't keep with next, Don't keep linestogether Formatted: Font: +Body (Calibri) Formatted: Don't keep with next, Don't keep lines together Formatted: Font: +Body (Calibri) Formatted: Don't keep with next, Don't keep lines together Formatted: Font: +Body (Calibri) Formatted: Don't keep with next, Don't keep lines together ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 10 Table 7.1.5-A Temporary Signs Construction Window Wrap Number of Signs 1 per window and door max. Sign Area May fill the entire glazed portion of the window and/or door. Illumination None Location Installed on the premises of a project under construction. Duration/Frequency Installed no sooner than one week prior to the commencement of construction and shall be removed within 24 hours of completion of construction of if the project ceases construction for 12 months or longer. Sec. 7.1.6 Non-Conforming Signs Any legally pre-existing signSign or other advertising device which does not conform to the current provisions of this ordinance Article in terms of location, area, illumination, type, or height shall be deemed a non-conforming signSign. Non- conforming signSigns may remain in use at the same location, and ordinary maintenance and repair of such signSigns shall be permitted. A non- conforming signSign shall not be relocated, enlarged, replaced, redesigned, or altered in any way (except for repainting, refacing, repair or a change of lettering, logo, or colors using the same materials within an the existing signSign frame subject to obtaining a zoning permit) except to bring the signSign into complete or substantially greater compliance with this Article. In such cases, the DRB may allow a new signSign to be in substantially greater compliance than the existing nonconforming signSign subject to the development review criteriaapplicable requirements of this in Article 6. Nonconforming signs that are destroyed or damaged by 50% or more of their value shall not be rebuilt or repaired after one (1) year except in full conformance with this Article. Sec. 7.1.7 Discontinuance and Removal Off-Premise Signs Any Sign advertising an activity, business, service, or product must be removed, or the Sign face replaced with a blank face, within 60 days of the activity, business, or service promoted by the Sign being discontinued on the premises where the Sign is displayed. If the use is not reestablished, or a new use is not established, within one (1) year, then the entire Sign Structure and mounting hardware shall be removed. Formatted: Font: 14 pt, (Intl) Arial Formatted Table Formatted: Font: 14 pt, (Intl) Arial Formatted: Font: 12 pt, (Intl) Arial Formatted: Keep with next, Keep lines together Formatted: Font: +Body (Calibri) Formatted: Keep with next, Keep lines together Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Keep with next, Keep lines together Formatted: Font: +Body (Calibri), Highlight Formatted: Highlight Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri) Formatted: Keep with next, Keep lines together Formatted: Font: +Body (Calibri) Formatted: Keep with next, Keep lines together Formatted: Font: +Body (Calibri) Formatted: Keep with next, Keep lines together Formatted: Indent: Left: 0" Formatted: Not Highlight Formatted: Heading 3,Char4,Char41, Char4, Char41, Indent: Left: 0", Space After: 0 pt, Don't suppress linenumbers, Hyphenate Formatted: Heading 3,Char4,Char41, Char4, Char41, Left, Indent: Left: 0", Space After: 0 pt Formatted: Indent: Left: 0" Formatted: Heading 3,Char4,Char41, Char4, Char41, Left, Indent: Left: 0", Space After: 0 pt ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 11 Off-premise signs shall not be permitted with the following exceptions: (a) Political signs as regulated by Sec. 7.1.3; (b) Temporary non-illuminated signs directing persons to temporary exhibits, shows or events provided: 1. The size of such sign does not exceed twelve (12) square feet in area; and, 2. Such signs are not posted earlier than two (2) weeks prior to the event and are removed within three (3) days after the event. (c) Non-illuminated signs used for directing members or patrons to service clubs, churches or other nonprofit organizations provided: 1. Such signs indicate only the name of the facility and the direction of the facility; and, 2. Such signs do not exceed four (4) square feet in area. (d) Sandwich board signs as regulated by the dept. of public works. Sec. 7.1.8 Sign Permit Applications, and Submission Requirements, Review and Decision-making An Sign Aapplication as provided in Article 3 is necessary for those requests pertaining to all signSigns covered by the requirements of this Article. Submission requirements shall also include all the following, as applicable: 1. A completed application form, and signed by the property owner, along with the applicable fee; 2. A scaled rendering of the proposed signSign indicating its dimensions in square inches or feet (length, width, height), and all materials and colors used; 3. Applications involving freestanding Freestanding, Freestanding Yard, and Monument signSigns shall include a scaled site plan indicating the location of all existing and proposed signSigns on the lot, and all setbacks in feet from the property lines and/or rights-of-way, and the location of any Clear Sight Triangle. 4. Applications involving parallel Awning, Blade, Canopy, Marquee, Nameplate, Outdoor Display Case, Projecting, Window, and/or Wall and projecting signSigns shall include a scaled building elevations indicating the location of all existing and proposed signSigns on the building face facade and the frontage dedicated to the establishment in linear feet. 5. Where applicable, the type and method of illumination (i.e. external, internal, or backlit), including the fixture style, placement, and bulb wattage and type. Applications involving an Electronic Changeable Message must also provide written certification from the sign manufacturer that the luminance of the display has been factory pre-set so that it will not exceed 5,000 nits;. 6. The total square footage of all existing signSigns for the establishment; and, Formatted: Font: 11 pt Formatted: Heading 3,Char4,Char41, Char4, Char41, Left, Indent: Left: 0", Space After: 0 pt, Keep with next, Keep lines together Formatted: Keep with next, Keep lines together Formatted: Indent: Left: 0", Keep with next, Keep linestogether Formatted: Indent: Left: 0.13", Keep with next, Keep lines together, Tab stops: 0.38", List tab + Not at 0.75" Formatted: Indent: Left: 0.13", Tab stops: 0.38", List tab + Not at 0.75" ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 12 7. Photographs of the building or site where the signSign is proposed. Such Sign Permit requests require onlyshall receive administrative review and approval pursuant to the procedural requirements of Sec. 3.2.7 and the requirements and standards of this Article except as provided for in Sec. 7.1.6 for modifications to a non-conforming sign and Sec. 7.3.2 Master Sign Plans which shall receive review and approval by the DRB. The Church Street Marketplace District shall be afforded an opportunity to review and comment on any application for a Sign placed within the Church Street Marketplace prior to final action under this Article. Sec. 7.1.9 Calculation of Sign Area and Height (a) The following shall govern the calculation of a Sign’s area: 1. The area of a Sign shall include all numerals, lettering, designs, logos, or symbols, together with the background, whether open or enclosed, upon which they are displayed. Not included are any supporting framework incidental to the display itself unless specifically indicated otherwise under Secs. 7.2.2 through 7.2.14 Sign Types. 2. Where a Sign consists of only individual numerals, letters, logos, or symbols attached, painted, or applied directly to a door, wall, or window, the area shall be considered to be the smallest polygon which would enclose the sign encompassing all the letters and symbols. (See Figure 7.1.9-1). 3. If a Sign has two or more faces, the area of all faces is included in determining the maximum area of the Sign, unless the two faces are identical and placed back to back or are no more than two feet apart. In such case, the Sign area is calculated as the area of one face. If the two faces are unequal in area, the area of the larger face is used to calculate Sign area. 4. The Sign area of a three-dimensional, free-form, or sculptural (non- planar) Sign is calculated as 50% of the sum of the area of the four vertical sides of the smallest cube that will encompass the Sign. 5. The maximum allowable area of a Sign shall include all permanent Signs attached, painted, or applied to a building facade. If an establishment has walls fronting on two (2) or more streets, the Sign area for each street shall be computed separately. 6. Limitations on the height of lettering shall pertain only to the height of individual characters. (b) Unless described otherwise under Secs. 7.2.2 through 7.2.14 Sign Types, the following shall govern the calculation of a Sign’s height: Figure 7.1.9-1 Area of a Sign affixed directly on a buildingwall or window. Formatted: Indent: Left: 0" Formatted: Numbered + Level: 1 + Numbering Style: a,b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5", Keep with next, Keep lines together, Suppress line numbers, Don't hyphenate Formatted: Indent: Left: 0.5", Tab stops: 0", List tab Formatted: Indent: Left: 0.5", Tab stops: 0.75", List tab + Not at 1.5" Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5" ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 13 1. Sign height overall is measured as the vertical distance from the finished grade at the base of a freestanding Sign, or of a building or structure for an attached Sign, to the highest point of the Sign. 2. For Signs attached to and projecting from a building or structure, vertical clearance is measured as the vertical distance from the finished sidewalk level to the lowest point of the Sign or Sign structure. (c) Calculation of Sign Area: The following shall govern the calculation of a sign’s area: 1. The area of a sign shall include all lettering, designs, or symbols, together with the background, whether open or enclosed, upon which they are displayed. Not included are any supporting framework incidental to the display itself. 2. Advertising relating to a specific product or products sold on the premises, or the utilization of corporate symbols, logos, or similar features, shall be included in the aggregate sign area permitted for each establishment. 3. Where a sign consists of individual letters or symbols attached, painted, or applied directly to a building, wall, or window, the area shall be considered to be the smallest rectangle encompassing all the letters and symbols. (See Figure 7.1.10-1) 4. In computing the area of a double-faced sign, only one side shall be considered if both faces are identical. Notwithstanding the above, if the interior angle formed by the two (2) faces of the double-faced sign is greater than forty-five (45) degrees, then both sides of such sign shall be considered in calculating the sign area. 5. The maximum allowable area of a sign shall include all permanent signs attached, painted, or applied to a building facade. If an establishment has walls fronting on two (2) or more streets, the sign area for each street shall be computed separately. Sec. 7.1.10 Sign Lighting The following requirements shall pertain to the lighting of all Signs: (a) The eligibility of lighting for any Sign shall be as indicated under Secs. 7.2.2 through 7.2.14 Sign Types. (b) All Signs shall be illuminated such that the illumination is steady and stationary, directed solely at the Sign or internal to it, and does not create glare or unduly illuminate the surrounding area. Figure 7.1.10-1 Area of a signSign affixed directly on a building. Formatted: Indent: Left: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment:Left + Aligned at: 1.25" + Tab after: 1.5" + Indent at: 1.5", Tab stops: 0.75", List tab + Not at 1.5" Formatted: Normal Formatted: Left, Indent: Left: 0", Space After: 0 pt Formatted: Left, Space After: 0 pt, No bullets or numbering, Don't suppress line numbers, Hyphenate Formatted: Indent: Left: 0.38", No bullets or numbering, Tab stops: Not at 1.5" Formatted: Keep with next, Keep lines together Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5", Keep with next, Keep lines together Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5" ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 14 (c) The luminance of any Sign shall not exceed 250 nits between dusk and dawn, as measured from the brightest element of the Sign’s face. Dusk and dawn are defined as, respectively, the time starting at one-half hour before sunset and one-half hour after sunrise, as determined by the National Weather Service (actual time). (d) External Illumination: 1. Light fixtures shall be located, shielded, and directed such that the light source is directed only onto the Sign face. 2. Neither the light source or reflective surfaces of the fixture shall be visible from the public way or surrounding properties. 3. Light fixtures used to illuminate signs shall be top mounted and shall direct the light downward toward the sign. 4. Ground mounted lights shall not be used unless under special circumstances where conditions of (3) above cannot be met. In such cases, the receptacle or device housing the light source shall not extend more than 12 inches above ground, and shall be fully screened and housed. 5. Projecting light fixtures must be simple and unobtrusive in appearance and not obscure the Sign. (e) Reverse Channel Illumination (i.e. Backlit): 1. Backlit Signs shall light lettering and logo and other related Sign elements only, and lighting design shall be such that no excess light spill or glare results from the back lighting fixtures and/or source. 2. The light source shall not be visible from the public way or surrounding properties. 3. Illumination levels shall not increase the measurable vertical light level at any point 20 feet distant from the Sign in any direction. (f) Internal Illumination: 1. Internally illuminated Signs shall be designed such that light passes through the lettering, logo, and other related Sign elements only, and the background shall remain opaque and light transmission shall be blocked. 2. The Sign cabinet shall fully enclose the light source so that it is not visible from the exterior of the Sign. 3. The background must be opaque and a darker color than the message of the Sign. (g) Direct Illumination (i.e. the use of exposed lamps, such as neon tubes and LED’s, that have no shielding and are visible to the eye): 1. Direct illumination is limited to letters, numbers, symbols, and accents. Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Numbered + Level: 1 + Numbering Style: 1,2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5"+ Tab after: 0.75" + Indent at: 0.75" Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5", Keep withnext, Keep lines together Formatted: Keep with next, Keep lines together Formatted: Numbered + Level: 1 + Numbering Style: a,b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 15 (h) Raceways, Conduit, Wiring, and Transformers 1. All electrical raceways, conduits, and wiring shall be contained completely within the Sign assembly or inside the wall and shall not be exposed. 2. If a raceway is necessary, it cannot extend in width or height beyond the area of the Sign. 3. A raceway must be finished to match the background wall or canopy, or integrated into the overall design of the Sign. 4. Visible transformers are not allowed. (i) Electronic Changeable Message: Where permitted as provided in Secs. 7.2.2 through 7.2.14 Sign Types, Electronic Changeable Message displays shall: 1. Not have any distracting appearance of motion including but not limited to flashing, blinking, shimmering, animation, video, or scrolling advertising. 2. Limit the luminance of the display not to exceed 5,000 nits at any time. 3. Have characters of sufficient size to be easily discerned and must not constitute a safety hazard by distraction of drivers where readily visible to drivers of vehicles on any public way. 4. Consist only of alphabetic or numeric characters on a plain background, and shall not include any graphic, pictorial, video, or photographic images. 5. Utilize a maximum of only one color for the message on a dark background of only one color. 6. Have a minimum display time of two (2) minutes. When the message changes, it must complete the transition within 1 second or as rapidly as is technologically practicable whichever is less with no phasing, rolling, scrolling, flashing, or blending. 7. Be equipped with a light detector/photocell that automatically adjusts the display’s brightness according to natural ambient light conditions. 8. Contain a default mechanism that freezes the changeable message in one position, or shuts off the device entirely, in the event of a malfunction. 9. Limit the area occupied by the electronic changeable message to no more than (50) percent of the maximum total allowable Sign area as provided in Secs. 7.2.2 through 7.2.14 Sign Types. 10. Be limited to a maximum of three (3) lines of characters including all letters, numbers, spaces, or other symbols dedicated to the electronic changeable message. Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1,2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75", Keep with next, Keep lines together Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5", Keep withnext, Keep lines together Formatted: Indent: Left: 0.5", No bullets or numbering, Keep with next, Keep lines together Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75", Keep with next,Keep lines together Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Don't keep with next, Don't keep lines together Formatted: No bullets or numbering, Don't keep withnext, Don't keep lines together ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 16 Sec. 7.1.11 Alternative Compliance Minor variation and relief any non-numerical standard found in this Article, and any numerical standard by no more than 20% of such requirement, may be granted by the Development Review Board after review and recommendation by the Design Advisory Board and a Public Hearing. Decisions by the DRB regarding any Alternative Compliance granted shall be made in writing, and upon affirmative findings that: (a) the relief sought is necessary in order to accommodate a unique circumstance or opportunity; (b) the relief, if granted, will yield a result equal to or better than strict compliance with the standard being relieved; (c) the relief, if granted, is the minimum variation necessary from the applicable standard to achieve the desired result; (d) the relief, if granted, will not impose an undue adverse burden on adjacent properties; and, (e) the remainder of the Sign will otherwise be developed consistent the purpose of this Article, and all other applicable standards. Sec. 7.1.11 Sign Lighting In addition to the outdoor lighting requirements of Sec. 5.5.2, the following requirements shall pertain to the lighting of all signs: Signs shall be illuminated such that the illumination does not create glare or unduly illuminate the surrounding area. Externally illuminated signs: 1. Light fixtures used to illuminate signs shall be top mounted and shall direct the light downward toward the sign. 2. Ground mounted lights shall not be used unless under special circumstances where conditions of (1) above cannot be met and only if reviewed by the DAB and approved by the DRB. 3. Light fixtures shall employ the use of grids, hoods, or baffles, and aimed so that light is directed only onto the sign face. The light source or reflective surfaces of the fixture shall not be visible from the public way or surrounding properties. Backlit signs: Backlit (i.e. reverse channel illumination) signs shall light lettering and logo and other related sign elements only, and lighting design shall be such that no excess light spill or glare results from the back lighting fixtures and/or source. The back lit sign shall not increase the measurable vertical light level at a point 20 feet distant from the sign in any direction. In addition to other permitted lamp types, neon or similar lighting may be used to illuminate backlit signs. Internally illuminated signs: 1. Internally illuminated signs shall be designed with light lettering and graphics against a dark field. Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5", Keep withnext, Keep lines together Formatted: Numbered + Level: 1 + Numbering Style: a,b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5", Keep with next, Keep lines together Formatted: Left, Space After: 0 pt, No bullets ornumbering, Don't suppress line numbers, Hyphenate Formatted: Left, Space After: 0 pt, No bullets or numbering, Don't keep with next, Don't keep lines together, Don't suppress line numbers, Hyphenate ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 17 2. The sign cabinet shall fully enclose the light such the light source is not visible from the exterior of the sign. 3. Internally illuminated signs shall be designed so that lamps produce no more than 200 initial lumens per square foot. ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 18 1. Sec. 7.1.12 Electronic Message Display 2. An electronic message display may be permitted for any grades 6-8 or secondary school, use as defined in Article 13 in any zoning district subject to the following requirements: 3. An electronic message display shall not have any distracting appearance of motion including but not limited to flashing, blinking, shimmering, animation, moving video, or scrolling advertising. 4. An electronic message display that is readily visible to drivers of vehicles on any public way shall have characters of sufficient size to be easily discerned and must not constitute a safety hazard by distraction of drivers. 5. No more than one (1) electronic message display with two sides shall be permitted per grades 6-8 or secondary school. 6. The area occupied by the message on an electronic message display may comprise no more than fifty (50) percent of the maximum total allowable sign area as provided in Article 7, Part 2. 7. The message display area may have a maximum of three (3) lines of characters including all letters, numbers, spaces, or other symbols. 8. An electronic message display shall consist only of alphabetic or numeric characters on a plain background and may not include any graphic, pictorial, or photographic images. 9. A maximum of one color shall be used for an electronic message, which shall be on a dark background of one color. 10. The message that is displayed may change no more frequently than once every two (2) minutes. When the display of an electronic message changes, it must change as rapidly as is technologically practicable with no phasing, rolling, scrolling, flashing, or blending. 11. An electronic message display shall include internal ambient light monitors that automatically adjust the brightness level of its display according to natural ambient light conditions. 12. An electronic message display shall contain a default mechanism that freezes the sign in one position if a malfunction occurs. 13. Such electronic message displays shall only be permitted on the following streets: 14. Main Street 15. North Avenue 16. 17. The hours of operations for such electronic message displays shall be permitted from 6:00am to 10:00 pm except that secondary school use shall have no such limit on the hours of operation. PART 2: SIGN TYPES Sec. 7.2.1 Sign Types Formatted: Font: Not Italic Formatted: Highlight Formatted: No bullets or numbering ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 19 Sec. 7.1.9 Types of SignsAll Signs shall meet the standards set forth in this Article, and the Sign Types described in this Part in Secs. 7.2.2 through 7.2.14 below. (a) Mixing Multiple Sign Types: 1. Mixing multiple Signs types on a single building or site in any combination is permitted unless otherwise limited by the Sign Type or Table 7.2.1-A below. Table 7.2.1-A Sign Type Combinations Awning & Canopy Sign Band Sign Blade Sign Directory Sign Freestanding Sign Freestanding Yard Sign Marquee Monument Sign Projecting Sign Outdoor Display Case Sandwich Board Wall Sign Window Sign Awning & Canopy Sign             Band Sign             Blade Sign             Directory Sign             Freestanding Sign             Freestanding Yard Sign             Marquee             Monument Sign             Projecting Sign             Outdoor Display Case             Sandwich Board             Wall Sign             Window Sign              - Sign Types are not permitted on the same frontage or elevation.  - Sign Types are permitted on the same frontage or elevation. 2. Multiple signs on a facade shall be designed and organized in a manner consistent and complementary with the overall architecture of the Building, and employ complimentary materials, colors, design, and scale of letters. (b) The Sign Types permitted in each form or zoning district shall be as defined in Table 7.2.1-B below: Formatted: Justified, Indent: Left: 0.25", Space After: 6 pt, Suppress line numbers, Don't hyphenate Formatted Table Formatted: Left, Right: 0.08" Formatted: Indent: Left: 0.04" Formatted: Indent: Left: 0.04" Formatted: Indent: Left: 0.04" Formatted: Indent: Left: 0.04" Formatted: Indent: Left: 0.04" Formatted: Indent: Left: 0.04" Formatted: Indent: Left: 0.04" Formatted: Indent: Left: 0.04" Formatted: Indent: Left: 0.04" Formatted: Indent: Left: 0.04" Formatted: Indent: Left: 0.04" Formatted: Indent: Left: 0.04" Formatted: Indent: Left: 0.04" Formatted: Left, Indent: Left: 0.54", First line: 0" Formatted: Font: Bold, Underline Formatted: Font: (Default) Times New Roman Formatted: Left, Indent: Left: 0.54" Formatted: Font: (Default) Times New Roman Formatted: Justified, Space After: 6 pt, Suppress line numbers, Don't hyphenate Formatted: Justified, Space After: 6 pt, Numbered +Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75", Suppress line numbers, Don't hyphenate ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 20 Table 7.2.1-B Sign Types Permitted by Form/Zoning District Mixed Use Enterprise & Institutional Standard Sign Type FD6 FD5 DW-PT NAC NAC-CR NAC-RC NMU E-LM E-AE I Awning & Canopy Sign           7.2.2 Band Sign           7.2.3 Blade Sign           7.2.4 Directory Sign           7.2.5 Freestanding Sign           7.2.6 Freestanding Yard Sign           7.2.7 Marquee           7.2.8 Monument Sign           7.2.9 Outdoor Display Case           7.2.10 Projecting Sign           7.2.11 Sandwich Board           7.2.12 Wall Sign           7.2.13 Window Sign           7.2.14  - Sign Type is permitted  - Sign Type is not permitted Formatted: Font: 12 pt, Font color: Auto, (Intl) Arial Formatted: Font: 12 pt, Font color: Auto, (Intl) Arial Formatted Table Formatted: Centered Formatted: Centered Formatted: Centered Formatted: Centered Formatted: Centered Formatted: Centered Formatted: Centered Formatted: Centered Formatted: Centered Formatted: Centered Formatted Table Formatted: Centered Formatted: Centered Formatted: Centered Formatted: Font: Bold, Underline ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 21 Table 7.2.1-B Sign Types Permitted by Form/Zoning District (continued) Residential Civic, RCO & Urban Reserve Standard Sign Type RH RM/ RM-W RL/ RL-W Civic & RCO-R/G RCO-A RCO-C UR Awning & Canopy Sign        7.2.2 Band Sign        7.2.3 Blade Sign        7.2.4 Directory Sign        7.2.5 Freestanding Sign        7.2.6 Freestanding Yard Sign        7.2.7 Marquee        7.2.8 Monument Sign        7.2.9 Outdoor Display Case        7.2.10 Projecting Sign        7.2.11 Sandwich Board        7.2.12 Wall Sign        7.2.13 Window Sign        7.2.14  - Sign Type is permitted  - Sign Type is not permitted Formatted: Font: 12 pt, Font color: Auto Formatted: Font: 12 pt, Not Bold, Font color: Auto Formatted: Font: 12 pt, Font color: Auto Formatted: Keep with next, Keep lines together Formatted: Font: 12 pt, Font color: Auto Formatted: Keep with next, Keep lines together Formatted Table Formatted: Centered, Keep with next, Keep lines together Formatted: Keep with next, Keep lines together Formatted: Keep with next, Keep lines together Formatted: Centered, Keep with next, Keep linestogether Formatted: Keep with next, Keep lines together Formatted: Centered, Keep with next, Keep lines together Formatted: Keep with next, Keep lines together Formatted ... 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Formatted: Font: Bold, Underline ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 22 ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 23 7.2.2: Awning & Canopy Sign Description This Sign type consists of one or more faces, and is integrated within or part of an Awning or Canopy extending over a principal entrance and/or first floor windows on a Primary or Secondary Frontage, or spanning across an individual storefront or an entire building façade. Specifications Location Only Awnings and Canopies on ground floor doors or windows may contain signs. Quantity (max)  1 per Awning  3 per Canopy Area, Lettering (max)  75% of the area of the Valance or Canopy face  25% of the area of the sloping plane of an Awning Height, Lettering (min/max)  5-in min; 10-in max on the Valance, or 18-in max on sloping plane of an Awning  24” max. on a Canopy Miscellaneous Canopy Signs may be placed on the face and sides of the Canopy, or extend above or below the Canopy face provided 8-ft min. clear height above the sidewalk is maintained. Awning Signs may only be placed on the Valance or sloping plane of the Awning, not both. Awning Signs shall not be internally illuminated or backlit. Canopy Signs may only be backlit. Awning or Canopy Signs in a Residential district shall not be illuminated. Any encroachment into or over the public right-of-way must also be approved by the Dept. of Public Works and/or City Council as may be applicable. Formatted Table Formatted Table Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri), 11 pt Formatted: List Paragraph, Indent: Left: 0", Hanging: 0.23", Bulleted + Level: 1 + Aligned at: 0.25" + Indentat: 0.5" Formatted: Font: +Body (Calibri) Formatted: Font: +Body (Calibri), 11 pt Formatted: Font: +Body (Calibri) Formatted Table Formatted: Font: +Body (Calibri), 11 pt Formatted: List Paragraph, Indent: Left: 0", Hanging: 0.23", Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: +Body (Calibri) Formatted Table Formatted Table ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 24 7.2.3: Band Sign Description This Sign type consists of a single face, and is placed within a Sign Band that is architecturally integrated into the overall design of the building façade over a principal entrance and spanning across an individual storefront or the entire façade on a Primary Frontage. Specifications Quantity (max) 1 Band Sign per street-level storefront Width, Sign (max) Length of the street-level storefront frontage Height, Sign (max) 3-ft Height, Overall (max) the lesser of the floor level of the second floor or 18-ft above the finished sidewalk. Depth/Projection, lettering (max) 7-in from the face of the Sign Band Area, Sign (max) 75% of that portion of the Sign Band associated with the street-level use Miscellaneous Band Signs shall include only characters, background, lighting, and an optional logo. If illuminated, Band Signs may only be externally illuminated or backlit. Formatted Table ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 25 7.2.4: Blade Sign Description This Sign type consists of 1-2 faces, and projects perpendicular from the Building facade on a Primary or Secondary Frontage, or elevation where street frontage is not available. Specifications Location (max) within 4-feet of a principal entrance. Quantity (max) 1 per ground floor tenant Width, Sign (max) 3-ft Height, Sign (max) 3-ft Depth, Sign (max) 6-in Offset from Building (min/max) 6-in min and 12-in max from the facade Projection (max) 4-ft from the facade Area, Sign (max) 9 sqft Height, Clear (min) 8-ft min. above finished sidewalk (the lowest portion of the overhanging sign and/or bracket) Height, Overall (max) The lesser of the floor level of the second floor or 18-ft above the finished sidewalk. Miscellaneous The bracket must be an integral part of the Sign design. A Blade Sign erected on a building that adjoins the intersection of 2 streets may intersect at a 45 degree angle to the corner of the building. A Blade Sign may be attached to the face or underside of a canopy If illuminated, Blade Signs shall only be externally illuminated. Blade Signs in any Residential, RCO, or Urban Reserve district shall not be illuminated. Any encroachment into or over the public right-of-way must also be approved by the Dept. of Public Works and/or City Council as may be applicable. Formatted Table ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 26 7.2.5: Directory Sign Description This Sign type has a single face and consists of either a panel or individual letters applied directly to a building wall, typically listing the names of building tenants. Specifications Location (max) within 4-feet of a principal entrance. Quantity (max) 1 per principal entrance Width (max) 18-inches Height (max) 36-inches Depth/Projection (max) 3-inches from the facade Miscellaneous If illuminated, Directory Signs may only be backlit. Directory Signs in any Residential, RCO, or Urban Reserve district shall not be illuminated. Formatted Table ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 27 7.2.6: Freestanding Sign Description This Sign type consists of 1 or 2 faces, is fully detached from a Building, and placed in a front yard with external support consisting of 1-2 posts. Specifications Quantity (max) 1 per primary street frontage Width (max) 8-ft (not including supports) Height 10-ft (not including supports) Depth (face-to-face) (max) 1-ft Sign Area (max) 60 sf. (not including supports) or 0.5 sf per linear foot of street facing building frontage whichever is less. Setback (min) The lesser of 3-ft from the front properly line or in-line with the building façade, and 5-ft from any side properly line Height, Overall (max) 14-ft above the finished grade (including supports). Miscellaneous No part of a Freestanding Sign may encroach or overhang upon a public right-of-way, clear sight triangle, driveway, parking area, or walkway. Freestanding Signs associated with a Fuel Service Station may include electronic changeable copy only for the display of numerals. Freestanding Signs may only be internally or externally illuminated or backlit. Formatted Table ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 28 7.2.7: Freestanding Yard Sign Description This Sign type consists of 1 or 2 faces, is fully detached from a Building, and placed in a front yard with external support consisting of 1-2 posts. Specifications Location primary street frontage Quantity (max) 1 per lot. Width (max) 6-ft (not including supports) Height 4-ft (not including supports) Depth (face-to-face) (max) 1-ft Area (max) 20 sf (not including supports) Setback (min) The lesser of 3-ft from the front properly line or in line with the building façade, and 5-ft from any side properly line Height, Overall (max) 6-ft above the finished grade (including supports). Miscellaneous No part of a Freestanding Yard Sign may encroach or overhang upon a public right-of-way, clear sight triangle, driveway, parking area, or walkway. Freestanding Yard Signs may only be externally illuminated. Freestanding Yard Signs in any Residential, RCO, or Urban Reserve district shall not be illuminated. Formatted Table ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 29 7.2.8: Marquee Description This Sign type consists of 1-3 faces on an iconic structural feature of a Building that projects perpendicular from the façade over a principal entrance. Specifications Quantity (max) 1 per primary street frontage. Width (max) Width of the street-level frontage associated with the principal entrance Projection (min/max) 6-ft min.; 10-ft max. from the facade Setback (min) No closer than 3-ft from the back of the curb Area, Sign (max) 75% of any face of the Marquee Height, Clear (min) 10-ft above the finished sidewalk Height, Overall (max) The top of the Marquee shall be no more than the lesser of the floor level of third Story or 35-ft above the finished sidewalk Miscellaneous Marquees shall be allowed only for the following uses: Cinemas, Conference/ Convention Centers, Performing Arts Centers, and Recreation Facility - Indoor. A Marquee erected on a Building that adjoins the intersection of 2 streets may intersect at a 45 degree angle to the corner of the Building. Marquees shall be cantilevered or supported from above. Columns or Posts extending to the ground are prohibited. Marquees may be illuminated internally and directly, and may include manual or electronic changeable message. Marquees may include intermittent blinking and flashing lamps and borders. Any encroachment into or over the public right-of-way must also be approved by the Dept. of Public Works and/or City Council as may be applicable. Formatted Table Formatted Table ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 30 ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 31 7.2.9: Monument Sign Description This Sign type consists of 1-2 faces, is placed in a front yard fully detached from a Building, and is supported along the entire length of its base. Specifications Quantity 1 per primary street frontage. Depth (face-to-face) (max) 2.5-ft Setback (min)  The lesser of 3-ft from the front properly line or in line with the building façade.  5-ft from any side properly line. Area (max) 60 sf (not including supports) or 0.5 sf per linear foot of street facing building frontage whichever is less. Height, Overall (max) 6-ft from the finished grade Miscellaneous No part of a Monument Sign may encroach upon a public right-of-way, clear sight triangle, driveway, parking area, or walkway. If illuminated, a Monument Sign may only be internally or externally illuminated or backlit. Monument Signs in a Residential or RCO district shall not be illuminated. A Monument Sign associated with a public or civic use may include manual or electronic changeable message. Formatted Table Formatted Table Formatted: Font: +Body (Calibri), 11 pt Formatted: List Paragraph, Indent: Left: 0", Hanging: 0.17", Bulleted + Level: 1 + Aligned at: 0.25" + Indentat: 0.5" ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 32 ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 33 7.2.11: Outdoor Display Case Description This Sign type has a single face and consists of a metal or wood framed cabinet mounted onto a building facade a Primary or Secondary Frontage with a transparent window and a lockable opening allowing the contents, such as menus or posters, to be kept current. Specifications Quantity (max) 1 per tenant* Width(max) 3-ft Height (max) 4-ft Area (max) 6-sf* Depth/Projection (max) 3-in from the Facade * Cinemas, Performing Arts Centers, and Performing Arts Studios may have up to 4 Outdoor Display Cases per street frontage, each not exceeding 12-sqft in area, not to exceed fifteen (15%) per cent of the area of the Façade associated with the tenant. Miscellaneous Outdoor Display Cases may only be illuminated from inside the display case, and shall not include electronic changeable messages. Formatted Table ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 34 7.2.12: Projecting Sign Description This Sign type consists of 2 faces on an iconic structural feature of a Building that projects perpendicular from the Façade. Specifications Quantity (max) 1 per Primary street Frontage Width, Sign (max) 4-ft Height, Sign (max) 10-ft Depth, Sign (max) 6-in Offset from Building (min & max) 6-in min and 12-in max from the Facade Projection (max) 5-ft from the Façade (incl brackets) Area, Sign (max) 40 sqft Height, Clear (min) the greater of the floor level of second Story or 15-ft above finished sidewalk Height, Overall (max) the lesser of the floor level of third Story or 35-ft above the finished sidewalk Miscellaneous The bracket must be an integral part of the Sign design. A Projecting Sign erected on a building that adjoins the intersection of 2 streets may intersect at a 45 degree angle to the corner of the building. A Projecting Sign shall be cantilevered or supported from above. Columns or Posts extending to the ground are prohibited. A Projecting Sign may be illuminated externally, internally, and directly. Any encroachment into or over the public right-of-way must also be approved by the Dept. of Public Works and/or City Council as may be applicable. Formatted Table Formatted Table ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 35 7.2.13: Sandwich Board Description This Sign type is a two-sided, portable sign that is constructed in the form of an “A” or similar tent-like shape, or attached to a heavy base in the form of an inverted “T”. Specifications Quantity (max) 1 per ground floor tenant; and 1 per 4 upper story or below grade tenants Area (max) 8 sf Height (max) 4-ft above the finished grade; 3-ft if placed within a clear sight triangle Width (max) 3-ft Location  15-ft max. from a principal entrance  no closer than 10-ft from a street intersection or crosswalk  no closer than 12-ft from another Sandwich Board Miscellaneous A Sandwich Board shall not interfere with ingress and egress points and the flow of pedestrian traffic, and a minimum of 5-feet of sidewalk clearance must be maintained at all times. A Sandwich Board shall only be displayed during business hours, and must be taken indoors when the business is closed. A Sandwich Board must be freestanding, and shall not be attached to the ground or any other structure or object. A Sandwich Board shall not be illuminated. A Sandwich Board shall be constructed of durable, weather resistant materials and finish, and sufficiently weighted to the ground to prevent blow-down. During high wind events all Sandwich Boards shall be taken indoors. The requirements of this Sign Type do not apply to Sandwich Boards placed within the public right-of-way which must be approved by the Dept. of Public Works or the Church Street Marketplace Commission as may be applicable. Formatted Table Formatted: Normal, No bullets or numbering Formatted: Font: +Body (Calibri), 11 pt Formatted: Font: +Body (Calibri), 11 pt Formatted: List Paragraph, Indent: Left: -0.01",Hanging: 0.19", Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Formatted: Font: +Body (Calibri), 11 pt Formatted: Font: +Body (Calibri), 11 pt ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 36 7.2.14: Wall Sign Description This Sign type has a single face and is attached, painted, or otherwise mounted parallel to a building or structure wall on a Primary or Secondary Frontage or elevation where no street Frontage is available. Specifications Height (max) No higher than the floor level of the second story . Area (max)  2 sf per linear foot of street frontage, or elevation where no street frontage is available, associated with a first floor tenant.  10 sf for a second floor tenant with only a ground floor entryway.  In no case may the total area of all Wall Signs exceed the lesser of two hundred (200) square feet or fifteen (15%) per cent of the area of the façade or elevation to which they are attached.  A Wall Sign in any residential district shall not exceed 6-sf in area.  A Wall Sign in a RCO-R/G district shall not exceed 20-sf in area. Depth/Projection (max) 12-in max. from the facade Miscellaneous A Wall Sign may not be applied on or obscure architectural features such as: windows, doors (other than egress-only), pilasters, cornices, window, door or other building trim, feature bands, and other recessed or projecting features. A Wall Sign may not be painted on walls made of previously unpainted stone or brick. If illuminated, Wall Signs may be externally illuminated or backlit. Formatted Table Formatted Table ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 37 7.2.15: Window Sign Description This Sign type has a single face, and is affixed directly onto or behind the glazing of a window and/or door on a Primary or Secondary Frontage, or elevation where no Frontage is available. Specifications Quantity (max) 1 per first or second floor window and/or ground floor entry. Area (max)  20% of the area of any individual window located between 4 and 7 feet above the adjacent sidewalk or finished grade.  total area may not exceed 30% of the total window area of all windows with Signs combined per façade or elevation. Height, Lettering (max) 8-inches Miscellaneous Characters and logos shall be placed directly on the glazing or placed no more than 12” behind the glazing. Items placed more than 12” from the glazing shall not be considered a Window Sign. Window Signs shall not be illuminated, however the use of neon as part of the Sign design is permitted. Window Signs in any Residential, RCO, or Urban Reserve district shall not be illuminated. Window area calculations shall include only the glazing. Window Signs shall not interfere with the primary function of windows, which is to enable passersby and public safety personnel to see through windows into premises and view product displays. Formatted Table Formatted: Indent: Hanging: 0.19" ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 38 the (a) Freestanding Signs: The height of freestanding signs shall be measured from the official street grade to the top of the light standard or supporting standard, whichever is higher. Only one freestanding sign is permitted for each separate street frontage devoted to an establishment. A kiosk sign is considered a freestanding sign. A sign that stands without supporting elements, such as "sandwich sign" or interchangeable message board on wheels, is also considered a freestanding sign. (See Figure 7.1.9-1) (b) Kiosk Signs: Kiosks erected on city sidewalks shall not occupy more than twenty-five per cent (25%) of the total width of the sidewalk measured at the location of the kiosk. The maximum height of a kiosk shall not exceed nine (9) feet. Kiosks shall not unreasonably interfere with the normal flow of pedestrian traffic. A bus shelter may be used as a kiosk. Kiosks are to be distinguished from "free-standing signs" which are governed by Section 21-5 of Chapter 21 of the Burlington Code of Ordinances. (c) Parallel Signs: Parallel signs shall not extend beyond the edge of any wall or other surface to which they are mounted, and shall not project more than eighteen (18) inches from the surface thereof. (See Figure 7.1.9-2) Figure 7.1.9-2 Parallel SignSign Figure 7.1.9-1 Freestanding SignSign Formatted: Normal Formatted: Left, Indent: Left: 0", Space After: 0 pt Formatted: Normal Formatted: Left, Indent: Left: 0", Space After: 0 pt Formatted: Normal Formatted: Left, Indent: Left: 0", Space After: 0 pt ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 39 (d) Projecting Signs: The content of projecting signs must be affixed flat to such canopy, marquee, or awning and is limited to announcing the name of the establishment or any on-premises show or event. (See Figure 7.1.9-3) (e) Roof Signs: No sign or advertising device attached to a building shall project above the roof or parapet line nor more than 12 inches out from the wall to which it is attached. Sec. 7.1.10 Location and Area (a) Obstruction: No sign shall be placed in such a way that it prevents clear and unobstructed view of a highway or official sign or of approaching or merging traffic. (b) Setbacks: No portion of any freestanding sign shall be located any closer to any property line than fifty per cent (50%) of the required yard setback for the district in which it is located. Figure 7.1.9-3 Projecting SignSign Formatted: Normal Formatted: Left, Indent: Left: 0", Space After: 0 pt Formatted: Normal Formatted: Left, Indent: Left: 0", Space After: 0 pt Formatted: Normal Formatted: Left, Indent: Left: 0", Space After: 0 pt Formatted: Normal Formatted: Left, Indent: Left: 0", Space After: 0 pt ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 40 PART 2: DISTRICT REGULATIONS Sec. 7.2.1 Regulation by District Signs shall be permitted in each district as specified in Table 7.2.1-1 below and as further regulated by the provisions of this Part. Where other provisions in this Article are more restrictive than Table 7.2.1-1, the more restrictive provisions shall apply. Table 7.2.1-1: Sign Regulation Summary Zoning District4 Sign Type Dimensional Requirements All RCO and Residential Districts All Mixed Use and Institutional Districts All Enterprise Districts (Reserved) Parallel Size 20-sf 2-sf1 2-sf1 - Maximum Height 14-ft2 14-ft2 14-ft2 - Illumination No Yes Yes - Projecting Size 4-sf 4-sf 4-sf - Maximum Height 12-ft2 14-ft 14-ft - Illumination No Yes Yes - Freestanding Size 20-sf ½-sf1 1-sf1 - Maximum Height 6-ft 14-ft 6-ft - Illumination No Yes3 Yes - 1. Size is determined per each linear foot of building frontage allocated to the establishment 2. Or ceiling height of the first floor, whichever is less, except in D, D-T, E-LM and NMU-NAC where the sign may be above 14 feet as per Sec 7.2.3(a)4, Sec. 7.2.4 (c)2D, or Sec. 7.2.4(c)6C. 3. Illuminated freestanding signs are not permitted in NMU district. 4. No signs shall be permitted in the Urban Reserve District. Sec. 7.2.2 Signs in Residential and RCO Districts (a) Permitted Signs: In addition to signs authorized under Sec. 7.1.3 and Table 7.2.1-1, only tThe following on-premise signs shall be permitted in any Residential and RCO districts in addition to signs authorized under Sec. 7.1.3. (a) Restrictions on Residential District and RCO District Signs: Formatted: Font: Italic ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 41 In all residential districts, only one (1) sign per property shall be allowed. In all residential and RCO districts, no sign shall be located within three (3) feet of any sidewalk or its vertical plane, except where such sign is attached to the face of the building at least eight (8) feet above the sidewalk and protruding no more than six (6) inches from the face of the building. (b) Parallel Signs: Parallel signs are permitted provided: 1. One (1) sign not exceeding twenty (20) square feet. 2. Sign not to exceed fourteen (14) feet in height or the ceiling height of the first floor, whichever is less. 1. Organization Signs. Parallel, projecting and freestanding signs representing governmental educational or religious organizations provided that the total area of all signs for any individual use shall not exceed twenty (20) square feet. 2. Agricultural Signs. One (1) sign advertising for sale agricultural produce raised on the premises, not to exceed two (2) square feet in area. 3. Non-residential Building Sign. One sign identifying a permitted non-residential building, use, or activity, provided the area of such sign shall not exceed twenty (20) square feet. (c) Freestanding Signs: Freestanding signs are permitted provided: 1. One (1) sign for each separate street frontage provided that it does not exceed twenty (20) square feet. 2. Sign not to exceed six (6) feet in height. (d) Projecting Signs: Projecting signs are permitted provided: 1. One (1) sign not exceeding four (4) square feet. 2. Sign not to exceed twelve (12) feet in height or the ceiling height of the first floor, whichever is less. (b) Restrictions on Residential District Signs: The following restrictions regarding type and placement of signs pertain to all signs in all Residential and RCO districts: 1. No sign shall be located within three (3) feet of any sidewalk or its vertical plane, except where such sign is attached to the face of the building at least eight (8) feet above the sidewalk and protruding no more than six (6) inches from the face of the building. Formatted: Font: (Default) Arial, Bold Formatted: Indent: Left: 0.5", Hanging: 0.31" Formatted: Normal, Space After: 6 pt Formatted: Normal, Indent: Left: 0.5", Hanging: 0.31" Formatted: Normal Formatted: Normal, Indent: Left: 0.13", Hanging: 0.38", Space After: 6 pt Formatted: Normal, Indent: Left: 0.44", Hanging: 0.38" ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 42 Sec. 7.2.3 Signs in Mixed Use Districts Except as provided pursuant to Sec 7.2.4 below pertaining to signs on the Church Street Marketplace, the following on-premise signs may be permitted in any mixed use zoning district in addition to signs authorized under Sec. 7.1.3 and Table 7.2.1-1: (a) Parallel Signs: Parallel signs are permitted provided: 1. The total area of all parallel signs for each establishment shall not exceed two (2) square feet for each linear foot of frontage devoted to such establishment. If such establishment does not occupy any floor area on the ground level, other than an entryway, the maximum permitted sign area shall not exceed one (1) square foot for each linear foot of frontage devoted to such establishment. 2. Signs painted on or affixed to the inside or outside of windows shall be included in the computation under (1) above and (2) below, only if the combined area exceeds twenty-five (25) per cent of the area of the window which they occupy. 3. In no case, however, may the total area of all parallel signs exceed the lesser of two hundred (200) square feet or fifteen (15%) per cent of the area of the facade to which they are attached for the length of frontage devoted to such establishment. 4. A sign above 14 feet may be allowed where the first floor of the building has a floor-to-ceiling height in excess of 14 feet, subject to the following: A. In no instance shall a sign be allowed above the floor level of a second story, or the cornice line of a structure whichever is lower; B. Such signs shall be architecturally compatible with the design of the structure; and, C. No such sign can be internally illuminated. (b) Freestanding Signs: Freestanding signs are permitted provided: 1. Only one such sign shall be permitted for each separate street frontage devoted to an establishment; 2. The area of any such sign shall not exceed one half (1/2) square foot per one (1) linear foot of frontage or a total of sixty (60) square feet, which ever is less; and, 3. The height of any freestanding sign shall not exceed fourteen (14) feet. (c) Projecting Signs: Projecting signs are permitted provided the sign: 1. Does not visually interfere with the view to and from adjacent properties; 2. Does not extend above any portion of the roof of the building to which such sign is affixed; ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 43 3. Has its lowest edge at least eight (8) feet above any pedestrian way; and, 4. Is vertically aligned. (d) Signs connected to a canopy, awning, or marquee: Signs connected to a canopy, awning, or marquee are considered projecting signs, and as such are governed by (c) above and the following: 1. All lettering and artwork is fixed flat to such canopy, marquee or awning.; and, 2. All lettering is limited to the name of the establishment and announcing any on-premise show or event where applicable. Sec. 7.2.4 Sign Regulations for Church Street Marketplace The regulations of this section shall govern all signs located in the Church Street Marketplace District (hereinafter "district") as defined by Sec. 321 of the City Charter. (a) Marketplace Commission Approval: Prior to review and approval of an application under this ordinance for a sign, all signs, banners, kiosks, and similar advertising features must be reviewed by and consented to in writing by the Church Street Marketplace District Commission, which may make use of the Church Street Marketplace Design Guidelines in such reviews. (b) Exemptions: Signs at the following addresses shall be exempted from the provisions of this subpart. Such signs may be repaired or replaced so long as the repair or replacement is identical to the sign existing at the time of this ordinance. Where such repair or placement changes the appearance of the sign, the sign must meet all requirements of this subpart. 1. 34 Church Street; 2. 37 Church Street; 3. 75 Church Street (Bank Street facade); 4. 78 Church Street; 5. 107 Church Street; and, 6. 115 Church Street. (c) Permitted Signs and Restrictions: Unless otherwise noted, the following on-premise signs shall be permitted: 1. Parallel Signs: A. The total area of all parallel signs for each establishment shall not exceed one and one-half (1.5) square foot of length of that portion of such wall devoted to such establishment. ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 44 B. If such establishment does not occupy any floor area of the ground level of the building, other than an entryway, the maximum permitted sign area shall not exceed ten (10) square feet. C. Signs painted on or affixed to the inside or outside of windows shall be included in the computation of subsections (A) and (B) above, if their combined area exceeds thirty (30) per cent of the area of the window they occupy. D. No signs, except window signs, shall be placed more than one (1) foot above the finish floor level of the second floor of a multi-story building to which they are attached. In no case shall such signs be placed more than fourteen (14) feet above the lowest point where the sidewalk meets the building line on the façade to which the sign is attached or, where there is a public canopy structure, above the top edge of the glass roof. E. No parallel sign shall project more than twelve (12) inches from the face of the wall to which it is attached, except as otherwise provided in subsection (3)(b) below. 2. Projecting signs: A. There shall be no more than one (1) such sign per establishment. B. The total area of such a projecting sign shall not exceed eight (8) square feet. C. The maximum projection of such sign beyond the building line shall not exceed four (4) feet. D. The maximum height to the top of such a sign, as measured from the lowest sidewalk elevation at the building line on the façade to which the sign is attached, shall not exceed eighteen (18) feet. E. The lower edge of such a sign must be at least seven (7) feet six (6) inches above the sidewalk directly beneath the sign. F. Three-dimensional signs depicting the goods or services available on the premises are allowed within the limits specified in items (A) through (E) above. The area of the smallest rectangle, which can be drawn encompassing all the parts of the sign, shall measure the area of such signs. G. Two-dimensional signs shall have both faces parallel, vertical and at right angles to the building line. 3. Canopies, marquees and awnings: A. Canopies, marquees, and awnings attached to buildings are permitted subject to development review board review. B. When a sign is affixed to such a canopy, marquee or awning, it shall satisfy the following requirements: ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 45 i. If placed parallel to the building facade, its area shall be deducted from the maximum allowable area of parallel signs; and, ii. If at right angles, it shall be in substitution of any other projecting sign and shall meet the requirements of subsection (2) A, B, and D through G above for projecting signs. 4. Pedestrian Canopy Signs/Floor Mosaic Signs. A. Permanent verbal and nonverbal signs, satisfying the conditions of (3) above for canopies, marquees and awnings, may be attached to the Church Street pedestrian canopy provided they also satisfy the following requirements: i. Such signs may be attached only to front or back columns or to cross members below the glass; ii. The owner of such a sign must bear the full cost of attaching the sign to the canopy structure and must also fully restore the galvanized and painted waterproofing membranes on the canopy, which may be damaged during attachment or removal of the sign; iii. The maximum height of such sign measured from the base of the sidewalk directly below shall be nine (9) feet; and, iv. No person shall have more than two (2) signs located in or attached to any part of the public right-of-way or public canopy system. B. Mosaic signs are permitted in the floor of building entries and may fill the entire entry. Such signs may be placed within the sidewalk directly in front of building entries, subject to the following conditions: i. The materials used in creating such a sign must be durable, nonskid paving materials, laid in a manner that is compatible with the existing sidewalk paving and creating no discontinuities in sidewalk surface or changes in grade; ii. The width of such a sidewalk sign shall be no greater than the width of the building entry and the depth shall be no more than seven (7) feet from the building line; and, iii. The owner must bear the full cost of removing the existing sidewalk pavement, assume all liabilities for structural problems in the sidewalk or accidents which may occur due to such re-paving, and restore the original pavement should any problem arise. 5. Kiosks. Permanent kiosks are permitted provided that the information displayed thereon shall serve a public purpose such as the names and locations of establishments on the block in which the kiosk is located or on the Church Street Marketplace as a whole, or provision of space for changing information such as posters and announcements; and provided that such kiosks meet the following location and dimensional requirements: ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 46 A. Such kiosk shall not impede the flow of pedestrian traffic; B. Such kiosk shall not interfere with any publicly funded amenity; C. The maximum area of the projected plan of such a kiosk shall be fifteen (15) square feet; D. The maximum height of such kiosk shall be ten (10) feet; and, E. Two-dimensional signs shall have both faces parallel, vertical and at right angles to the building line. 6. Other restrictions on type and placement of signs: A. Freestanding on-premises signs are not permitted, except as otherwise provided below. B. Internally illuminated signs are prohibited. Signs inside the building may be illuminated in any manner by a steady source of light. Signs external to the building envelope may be illuminated by a steady source of light external to the sign, except that linear outline neon signs with no background are permitted. C. Fabric banners or streamers may be mounted on the façade of a building with the written approval of the city engineer, who must be satisfied as to the structural soundness of the mounting device to withstand wind loads. All liability in case of structural failure, however, shall remain the sole responsibility of the owner. The lower edge of such a banner or streamer must be at least fourteen (14) feet above the sidewalk directly beneath the sign. The maximum projection of such banner or streamer beyond the building line shall not exceed six (6) feet. D. Temporary flags or banners may be attached to those light poles that have been structurally designed to receive them. Sec. 7.2.5 Signs in Enterprise Districts Signs in the Enterprise Zoning Districts shall be subject to the restrictions in Sec. 7.2.3 except as modified below: (a) The total area of any parallel sign shall not exceed two (2) square feet for each foot of length of the front building wall or length of that portion of such wall devoted to such establishment, or two hundred (200) square feet, whichever is less; (b) No parallel sign shall be painted on or affixed to the outside windows; (c) Illuminated signs are prohibited; (d) Freestanding signs shall not exceed six (6) feet in height; (e) The area of any freestanding sign shall not exceed one half (1/2) square foot per one (1) linear foot of frontage or a total of sixty (60) square feet, which ever is less; and, ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 47 (f) No sign shall be located within three (3) feet of any sidewalk or its vertical plane, except where such sign is attached to the face of the building at least eight (8) feet above the sidewalk and is protruding no more than six (6) inches from the face of the building. Sec. 7.2.6 Signs in the Institutional District Signs in the Institutional Zoning District shall be subject to the restrictions in Sec. 7.2.3. Signs in the district which exceed these restrictions shall be permitted provided such sign is in accordance with a signage plan submitted by the institution and approved by the DRB. PART 3: MASTER SIGN PLANS Sec. 7.3.1 Intent In order to provide for a higher degree of design quality, flexibility, compatibility, and creativity in larger buildings and building complexes with multiple tenants or uses owners, signSigns shall be allowed as specified in a signMaster Sign Plan master plan for the property. as follows: Sec. 7.3.2 Applicability Within any Mixed Use, Enterprise, or Institutional zoning district, all signSigns located on a site, building, or a complex of buildings located on a single lot with three or more owners, tenants, or uses owners located on a single lot or adjacent lots under common ownership may be granted a zoning permit if the signs comply with a sign Master Sign Plan master plan submitted by the building owner and reviewed and approved by the DRB under the provisions of Sec. 7.3.4 belowthis Part and Article 6. Signs located on City property erected by or at the direction of the City or any of its departments in the performance of their public duty or responsibility may also seek approval under the provisions of this Part. Where a Master Sign Plan includes sufficient detail regarding the location, type, lighting, and other requirements for individual Signs, those Signs may be approved as part of the Master Sign Plan without the necessity for an individual permit(s). Otherwise the installation of individual Signs proposed pursuant to, and in compliance with, an approved Master Sign Plan shall receive administrative review and approval pursuant to the procedural requirements of Sec. 3.2.7. ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 48 Sec. 7.3.3 Submission Requirements A sign Master Sign Plan master plan shall be a comprehensive plan of all planned signSigns to be located on the site(s) and on all facades of the building or building complex. Information to be included in a signMaster Sign Plan master plan shall include, but not be limited to, the following in sufficient detail as necessary to render a decision for the Master Sign Plan and individual Signs as may be applicable: (a) Total number of signSigns proposed, including any existing signSigns that will remain. (b) Sketch of signSigns clearly indicating size/dimensions of all signSigns – including height above finished grade, lettering, logos or other graphics, colors, materials, texture. (c) Types of signSigns – parallelsee Part 2, freestanding, projecting or window. (d) Building elevations/photographs clearly illustrating the placement of signSigns placed on all buildings. (e) A sSite plan indicating the location of all freestanding signSigns, buildings, and structures. (f) Methods of illumination. Sec. 7.3.4 Flexibility from Existing Standards (a) The Master Sign Plan must establish standards of consistency applicable to all Signs to be provided on the subject property with regard to:  Colors;  Letter/graphics style;  Location and Sign Type;  Materials;  Methods of illumination; and/or  Maximum dimensions and proportion. (b) A Master Sign Plan shall be consistent with the intent and purpose of the form or zoning district within which the site is located and the intent of this Article, and be compatible with the site and character of the surrounding area. (c) All of the Signs in a Master Sign Plan shall be designed and organized in a manner consistent and complementary with the overall architecture of the Building, and employ complimentary materials, colors, design, and scale of letters while still providing diversity and differentiation among individual tenants, (d) The sign master plan shall be compatible with the site and buildings and character of the surrounding area pursuant to the provisions of Article 6. While iIndividual signSigns in the an approved Master Sign Plan plan may vary from the locational restrictions standards of Sections 7.2.3, 7.2.4, 7.2.5 and 7.2.6 in the typePart 2 of this Article pertaining to each Sign Type. and placement of signs on a structure or Formatted Formatted: Justified, Indent: Left: 0.25", Hanging: 0.25", Space After: 0 pt, Numbered + Level: 1 +Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.44" + Tab after: 0.94" + Indent at: 0.94", Suppress line numbers, Don't hyphenate, Tab stops: 0.5", List tab + Not at 0.94" Formatted Formatted Formatted Formatted: Indent: Left: 0.25", Hanging: 0.25",Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.44" + Tab after: 0.94" + Indent at: 0.94", Don't keep with next, Don't keep lines together ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 49 lot,However, no individual signSign may exceed the size maximum area limitations as pefor the specified Sign Type, or conflict with the limitations and prohibitions of Sec. 7.1.4 r Sec. 7.2.3(a)(3). (e) Except for such variations approved by the development review boardDRB by acceptance of a Master Sign Plan master sign plan pursuant to this Article, all other requirements, permits, and restrictions regarding signSigns shall remain in effect. Sec. 7.3.5 On the Record Review Pursuant to the authority of 24 V.S.A. §4471(b), any permit request for a Master SignSign Plan approval by the DRB will be on the record, so that any appeal is not a de novo review, in accordance with the Vermont Rules of Civil Procedure. Sec. 13.1.2 Definitions. Electronic Message Display: Any element of a Sign or Sign structure capable of displaying words, symbols, figures, images, or messages that can be electronically or mechanically changed by remote or automatic means. This also includes any display that incorporates rotating panels, LED lights manipulated through digital input, “digital ink,” or any other method or technology that allows a Sign to present a series of images, messages, or displays. This does not include Signs with manually-changeable copy.A sign in which one or more illuminated characters in a display may be changed by electronic means. Nit: a photometric unit of measurement referring to luminance (the visible-light intensity or brightness given off by a surface or object). One nit is equivalent to one candela per square meter(cd/m2). Sign: Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, images, trade names, and trade marks by which anything is made known, such asthat are used to identify, or advertise, or attract attention to an individual, a firm, an association, a corporation, a profession, a business, place, event, or a commodity, or product , which are visible from a public -street thoroughfare or right-of-way and used to attract attention. (See Article 7) Flag: A typically rectangular or triangular piece of fabric or other similar non-rigid material, with or without characters, letters, illustration, or ornamentation, supported or anchored along one edge or two corners. If any side is more than three times as long as any other side the flag is considered a banner. Banner: A typically rectangular piece of fabric or other similar non-rigid material, and with or without characters, letters, illustration, or ornamentation, supported or anchored at its four corners, top and bottom, or along top with weighted bottom. Formatted: Justified, Indent: Left: 0.25", Suppress line numbers, Don't hyphenate Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Superscript Formatted: Font: Not Bold Formatted: Left, Indent: Left: 0.25" Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Bold ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 50 (a) Business Sign: An on-premises sign that directs attention to any primary business, commodity, service, industry or other activity, which is sold, offered or conducted on the premises. (a) Directly Illuminated Sign: A sign, which emits light from a source within such sign directly or through transparent or translucent material, including but not, limited to, neon and exposed lamp signs. (b) Flashing Sign: An illuminated sign on which an artificial light is in a non-stationary position or is not constant in intensity or color at all times during use. (c) Freestanding Sign: A self-supporting sign resting on the ground or supported by means of poles or standards in the ground. The height of freestanding signs shall be measured from the official street grade to the top of the light standard or supporting standard, whichever is higher. Only one freestanding sign is permitted for each separate street frontage devoted to an establishment. A sign that stands without supporting elements, such as "sandwich sign" or interchangeable message board on wheels, is considered a freestanding sign. (d) Holiday Decorations: Holiday decorations displayed for and during recognized federal, state, or religious holidays shall be exempted from the provisions of this article except where they interfere with traffic safety or in any way becomes a public safety hazard. (e) Indirectly Illuminated Sign: A sign illuminated from an outside source so shielded that no direct rays are visible elsewhere on the lot. If such shielding device is defective, the sign shall be deemed to be a directly illuminated sign. (f) Kiosk: Any structure erected in a public place with approval of the development review board for the specific purpose of displaying any sign to direct or inform pedestrians. (g) Non-complying Signs: Any sign existing at the time of the passage of this section that does not conform in area, illumination, type, or height with the provisions herein. (h) Off-Premise Sign: A sign which advertises or otherwise directs attention to any commodity or activity sold, offered or conducted elsewhere than on the premises upon which such sign is located. (i) Official Sign: Any sign, including traffic signs and similar regulatory notices, erected by a duly constituted governmental body. (j) On-Premise Sign: A sign directing attention to an activity on the same premise. (k) Parallel Sign: A sign attached, painted, or otherwise mounted parallel to a wall or other vertical building surface. Parallel signs do not extend beyond the edge of any wall or other surface to which they are mounted and do not project more than eighteen (18) inches from the surface thereof. (l) Projecting Sign: Any sign mounted to a wall or other vertical building surface other than a parallel sign. Signs connected to a canopy, awning, or marquee that project more than 18" are considered to be projecting signs. The content must Formatted: Font: Not Bold Formatted: Indent: Left: 0", Tab stops: Not at 0.5" ZA-19-06 Article 7: Signs Public Hearing Draft: 9/25/2018 51 be affixed flat to such canopy, marquee, or awning and is limited to announcing the name of the establishment or any on-premises show or event. (m) Roof Sign: A sign erected on or above the roof or parapet of a building. (n) Temporary Sign: A display, information sign, banner, or other advertising device constructed of cloth, canvas, fabric, wood, or other light material, with or without a structure frame, and intended for a limited period of display. (o) Vehicular Sign: A sign affixed to any vehicle in such a manner that the display of such sign is a primary purpose of the vehicle. Any such sign shall be considered a freestanding sign. (p) Window Sign: A sign affixed to the window or placed within twelve (12) inches of the glass area. Formatted: Left The programs and services of the City of Burlington are accessible to people with disabilities. For accessibility information call 865-7188 (for TTY users 865-7142). Department of Planning and Zoning 149 Church Street, City Hall Burlington, VT 05401 www.burlingtonvt.gov/pz Phone: (802) 865-7188 Fax: (802) 865-7195 David White, FAICP, Director Meagan Tuttle, AICP, Comprehensive Planner Jay Appleton, Senior GIS/IT Programmer/Analyst Scott Gustin, AICP, Principal Planner Mary O’Neil, AICP, Principal Planner Ryan Morrison, Assistant Planner Shaleigh Draper, Zoning Clerk Layne Darfler, Planning Technician TO: South Burlington Planning Director Colchester Planning Director Winooski Planning & Zoning Manager Chittenden County Regional Planning Director VT Department of Housing and Community Development FROM: Meagan Tuttle, AICP, Comprehensive Planner, City of Burlington DATE: November 1, 2018 RE: planBTV: Comprehensive Plan 2019 update Please find the proposed update to the City of Burlington’s municipal development plan entitled planBTV: Comprehensive Plan at the following link: https://www.burlingtonvt.gov/sites/default/files/PZ/planBTV/MDP2019/2019planBTVUpdate_Dra ftv1.2_LowRes_forPCPH_11012018.pdf The Planning Commission will hold a public hearing on the proposed plan on Wednesday, December 5, 2018 at 7:00 pm in Contois Auditorium, City Hall, 149 Church Street, Burlington. Please ensure this communication is forwarded to the chairs of your respective Planning Commissions. Submit any communications for the Planning Commission’s consideration at the hearing to me by close of business on December 3, 2018. Thank you. CC: Andy Montroll, Burlington Planning Commission Chair Harris Roen, Long Range Planning Committee Chair Kimberly Sturtevant, Assistant City Attorney David White, FAICP, Planning Director Burlington Planning Commission 149 Church Street Burlington, VT 05401 Telephone: (802) 865-7188 (802) 865-7195 (FAX) (802) 865-7144 (TTY) www.burlingtonvt.gov/pz Andy Montroll, Chair Bruce Baker, Vice Chair Yves Bradley Alex Friend Emily Lee Harris Roen Jennifer Wallace-Brodeur PUBLIC HEARING NOTICE Burlington Municipal Development Plan MDP-19-01 2019 update to planBTV Pursuant to 24 V.S.A. §4384, 4387 and §4432, notice is hereby given of a public hearing by the Burlington Planning Commission to hear comments on proposed amendments to and re-adoption of the City of Burlington’s Municipal Development Plan, referred to as planBTV: Comprehensive Plan, and adoption by reference therein of: planBTV: South End Master Plan, planBTV: Walk/Bike Master Plan, Burlington Annex to the Chittenden County All Hazards Mitigation Plan, CCRPC Burlington Energy Data Guide, CCRPC Burlington Population and Employment Projections, Sustainable Infrastructure Capital Plan, Brownfields Area Wide Plan, Downtown Parking & Transportation Management Plan, Housing Action Plan, and Parks, Recreation and Waterfront Master Plan. The public hearing will take place on Wednesday, December 5, 2018 beginning at 7:00 pm in Contois Auditorium, City Hall, 149 Church Street, Burlington, VT. Statement of purpose: The city’s municipal development plan, known as planBTV: Comprehensive Plan, outlines Burlington’s goals and objectives for the future and is the city’s principal guide directing land use policy and decision- making. It defines the policies, programs, and actions necessary to attain these objectives and provides a reliable basis for public and private investments. Additionally, it is the foundation for additional plans and studies which are incorporated and adopted by their reference in planBTV: Comprehensive Plan. Further, all city plans and programs which affect land use and development, including the Burlington Comprehensive Development Ordinance, impact fees, and capital improvement plan must be in conformance with the policies and directives found in planBTV: Comprehensive Plan. The purpose of the 2019 update is to update more clearly communicate the long-standing land use policies contained within the plan, update the strategies that the city will employ to advance these policies, and to adopt by reference plans which further articulate these policies with regard to certain locations of the city or specific resource or system needs. These include plans which will be adopted by reference for the first time, as indicated by those plan titles listed above, as well as plans which have previously been adopted by their reference. Geographic areas affected: planBTV: Comprehensive Plan is applicable to all areas within the City of Burlington. Additionally, many of the plans adopted by reference pertain to the entire city. planBTV: South End Master Plan pertains to the South End of Burlington, with a particular focus on the South End Enterprise Zoning District, as does the Brownfields Area Wide Plan. The Downtown Parking & Transportation Management Plan pertains to downtown Burlington. Burlington Planning Commission Public Hearing Warning p. 2 MDP-19-01 List of section headings affected: The 2019 update to planBTV is a comprehensive update of all sections of the plan. The update amends and replaces all chapters, appendices, maps, and references. Additionally, the plan has been restructured. Instead of including chapters for each of the discreet planning topics that a comprehensive plan addresses, the plan is organized around two elements: Our Plan for Action, which outlines Burlington’s land use policies and actions organized by four themes, and Our Future Land Use, which presents the land use plan organized by three general land use characteristics. The full text of the draft 2019 planBTV: Comprehensive Plan and the proposed amendment is available for review at the Department of Planning and Zoning, City Hall, 149 Church Street, Burlington Monday through Friday 8:00 a.m. to 4:30 p.m. or on the department’s website at www.burlingtonvt.gov/planbtv. Department of Planning and Zoning 149 Church Street Burlington, VT 05401 Telephone: (802) 865-7188 (802) 865-7195 (FAX) (802) 865-7142 (TTY) www.burlingtonvt.gov//PZ Burlington Planning Commission Report Municipal Development Plan Amendment planBTV: Burlington Comprehensive Plan This report is submitted in accordance with the provisions of 24 V.S.A.§4384(c): Extent to which the plan, as amended, is consistent with the goals established in 24 V.S.A §4302. planBTV: Comprehensive Plan outlines Burlington’s goals and objectives for the future and is the City of Burlington’s principal guide directing land use policy and decision-making. It defines the policies, programs, and specific actions necessary to attain these objectives, prepares the city for the future, and provides a reliable basis for public and private investment. Further, planBTV is the foundation for additional plans and studies which are incorporated and adopted by their reference in the Comprehensive Plan. These plans provide specific direction on how the plan’s policies will be implemented within an area of the city, or in order to address a particular community-wide challenge. Often referred to as the Municipal Development Plan, the Comprehensive Plan is updated and adopted in accordance with 24 V.S.A. 4302 (Chapter 117), and identifies how Burlington will address the following statewide planning goals: Goal 1: To plan development so as to maintain the historic settlement pattern of compact village and urban centers separated by rural countryside. planBTV’s land use plan promotes the city’s role as a regional growth center, consistent with the regional ECOS Plan, and designates land areas to be prioritized for conservation, to sustain residential neighborhoods diverse in character and scale, and areas encouraged to accommodate the most intensive future growth. This growth is intended to occur within existing developed areas including downtown, neighborhood mixed-use areas, enterprise and institutional areas, and along major multi-modal corridors where the scale and mix of uses supports surrounding residential neighborhoods. Goal 2: Provide a strong and diverse economy that provides satisfy and rewarding job opportunities and that maintains high environmental standards, and to expand economic opportunities in areas with high unemployment or low per capita incomes. planBTV contains policies promoting economic development that is consistent with the city’s distinctive identity, including advancing programs to support a resilient local economy as well as sustainable businesses practices, and policies promoting expanded economic opportunity and livable wage jobs to make the city more inclusive and equitable. Burlington Planning Commission Report: planBTV Update 2019 p. 2 11/2/2018 Goal 3: To broaden access to education and vocational training opportunities sufficient to ensure the full realization of the abilities of all Vermonters. Within its policies regarding inclusion and equity, planBTV identifies educational and workforce development opportunities for both youth and adults as essential to ensure residents have meaningful employment opportunities. This includes services to improve the economic well-being of residents of all socio-economic backgrounds, as well as additional infrastructure to support workers—including efficient and reliable transportation choices and access to affordable childcare options. Goal 4: To provide for safe, convenient, economic and energy efficient transportation systems that respect the integrity of the natural environment, including public transit options and paths for pedestrians and bicyclers. planBTV incorporates by reference transportation plans, including planBTV: Walk/Bike, which identifies future locations for pedestrian and bicycle infrastructure. Further, planBTV includes policies regarding strengthening non-vehicular transportation connections, especially public transit service, in order to provide access and support economic opportunity for all residents. Goal 5: To identify, protect and preserve important natural and historic features of the Vermont landscape including: significant natural and fragile areas; outstanding water sources, including lakes, rivers, aquifers, shorelands and wetlands; significant scenic roads, waterways, and views; important historic structures, sites, or districts, archaeological sites and archaeologically sensitive areas. planBTV incorporates by reference the Open Space Protection Plan, All Hazards Mitigation Plan, and Parks, Recreation & Waterfront Master Plan which identify and provide detailed recommendations regarding the conservation, maintenance, and enhancement of these features. Further, the plan includes policies regarding the protection and adaptive reuse of archaeologically and/or historically significant sites throughout the city. planBTV underscores the importance of these features to the city’s economic, environmental, and social well-being and quality of life. Goal 6: To maintain and improve the quality of air, water, wildlife, forests and other land resources. planBTV incorporates by reference the Open Space Protection Plan, All Hazards Mitigation Plan, and Parks, Recreation & Waterfront Master Plan which identify and provide detailed recommendations regarding the conservation, maintenance, and enhancement of these features. Goal 7: To encourage the efficient use of energy and the development of renewable energy resources. planBTV includes policies regarding the utilization of renewable energy resources and energy efficiency in buildings, transportation, and public utilities and services. In particular, this plan builds on the city’s 100% renewable sourcing achievement in its municipal electric department by considering ways to leverage the electric grid in other energy sectors. planBTV recognizes this is pertinent to reducing the city’s impact on and increasing its resiliency to climate change. Burlington Planning Commission Report: planBTV Update 2019 p. 3 11/2/2018 Goal 8: To maintain and enhance the recreational opportunities for Vermont residents and visitors. planBTV incorporates by reference the Burlington Parks, Recreation & Waterfront Master Plan and the Winooski Valley Parks District Master Plan which contain detailed recommendations regarding recreation and public access to Burlington’s many park and natural resources. Further the plan identifies policies to address land and water access and uses in the Burlington Harbor. Goal 9: To encourage and strengthen agricultural and forest industries. planBTV contains policies regarding the continued use of the Burlington Intervale for agriculture and value added enterprise. Goal 10: To provide for the wise and efficient use of Vermont’s natural resources and to facilitate the appropriate extraction of earth resources and the proper restoration and preservation of the aesthetic qualities of the area. The City of Burlington does not contain earth extraction activities and does not plan for this use in the future. Therefore, the Planning Commission has determined that this goal is not relevant or attainable. Goal 11: To ensure the availability of safe and affordable housing for all Vermonters. planBTV incorporates by reference the Burlington Housing Action Plan. Further, it includes many policies regarding the provision of more and more affordable housing choices for all social and income groups, and particularly for those of low- and moderate-income. The land use plan identifies future growth areas, which are anticipated to include new housing as well as commercial development and other services and amenities. These growth areas are proximate to public transportation, schools, job centers, and existing single-family neighborhoods. The plan also includes policies for housing types that support single-family neighborhoods, including accessory apartments, and regarding the rehabilitation of existing homes to make them safer, healthier, and more accessible. Goal 12: To plan for, finance and provide an efficient system of public facilities and services to meet future needs. Public facilities should include fire and police protection, emergency medical services, schools, water supply, and sewage and solid waste disposal. The rate of growth should not exceed the ability of the community and the area to provide facilities and services. planBTV incorporates by reference the city’s Sustainable Infrastructure Capital Plan, and includes policies regarding the careful coordination of land use and development with public facilities, utilities, and services. In particular, the plan articulates the importance of stewardship of these utilities, to ensure their sustainability to serve our community’s current and future land uses and development patterns, and identifies areas for growth which are currently served by these facilities and where sufficient capacity to support this growth exists. Burlington Planning Commission Report: planBTV Update 2019 p. 4 11/2/2018 Goal 13: To ensure the availability of safe and affordable child care and to integrate child care issues into the planning process, including child care financing, infrastructure, business assistance for childcare providers, and child care work force development. planBTV includes policies which discuss the importance of additional childcare spaces and funding to support the overall well-being of Burlington youth and to the economic opportunities of adults. Does the amendment alter the designation of any land area, and if so, what are the proposed impacts of such alteration? planBTV does not propose a change to the overall future land use plan for the city, nor does it change the zoning designation of any particular area within it. The policies contained within this updated plan are consistent with the city’s long-standing land use policies. These policies do identify areas where the proposed scale or intensity of development should be evaluated through further sub-area planning or master planning efforts, but does not make those changes. Planning & Zoning The City of Winooski 27 West Allen St. Winooski, Vermont 802 655 6410 winooskivt.org Eric Vorwald, AICP Planning & Zoning Manager evorwald@winooskivt.org MEMORADUM TO: State of Vermont, Agency of Commerce and Community Development Adjacent Municipalities Chittenden County Regional Planning Commission FROM: Eric Vorwald, AICP Planning & Zoning Manager RE: 2018 City of Winooski Master Plan Update – Draft DATE: November 09, 2018 On behalf of the City of Winooski, I’m pleased to present the draft of City of Winooski’s 2018 Master Plan. This master plan will be a complete update to the City’s existing plan, which was last comprehensively updated in 2004, and subsequently readopted in 2009 and 2014. The draft plan, enhanced energy supplement, master plan report, and referenced documents can be found on the City’s website at https://www.winooskivt.org/masterplan/. At their regular meeting on November 8, 2018, the Planning Commission voted to hold a public hearing on the draft master plan. That hearing will be held on Thursday, December 13, 2018 beginning at 6:30pm at the Winooski City Hall, 27 West Allen Street. The development of this draft plan utilizes the City’s Strategic Vision Statement as the primary structure and focuses the requirements of 24 VSA §4302 and §4382 into this framework. The master plan chapters include: • Economic Vitality • Municipal Infrastructure • Housing • Safe, Healthy, Connected People Additionally, since 2014, the City has established multiple plans, studies, and assessments that concentrate on specific priorities for the City. These documents provide extensive detail and include focused goals, policies, and actions. The Planning Commission has taken a deliberate approach to incorporate these planning documents by reference as a way to capture their specific goals, policies, and actions while keeping the Master Plan at a more holistic scale. This allows the Master Plan to synthesize the overarching themes from each document without concentrating on specific details that may be more appropriately discussed by these planning efforts. As such, the following documents are incorporated into this master plan update by reference: • Main Street Corridor Plan – June 2014 • Housing Needs Assessment – July 2016 • Transportation Master Plan – March 2017 • Parking Plan – July 2017 • Economic Development Strategic Plan – November 2017 • Branding and Marketing Strategy – April 2018 If you have questions or would like additional information, please contact me at 655.6410 ex. 25 or at evorwald@winooskivt.org.