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HomeMy WebLinkAboutAgenda - City Council - 05/06/2024CITY COUNCIL MEETING AGENDA MAY 6, 2024 Participation Options In Person: 180 Market Street, Main Floor, Auditorium Assistive Listening Service Devices available upon request Electronically: https://meet.goto.com/SouthBurlingtonVT/citycouncilmeeting05-06-2024 You can also dial in using your phone (224) 501-3412 Access Code: 729-777-373 Regular Session 6:30 p.m. 1.Pledge of Allegiance (6:30 p.m.) 2.Instructions on exiting building in case of emergency and review of technology options – Jessie Baker, City Manager (6:31–6:32 p.m.) 3.Agenda Review: Additions, deletions or changes in order of agenda items (6:33–6:34 p.m.) 4.Comments and questions from the public not related to the agenda (6:35–6:45 p.m.) 5.Councilors’ Announcements and Reports on Committee assignments and City Manager’s Report (6:45–6:55 p.m.) 6.Consent Agenda: (6:55–7:00 p.m.) A.*** Consider and Sign Disbursements B.*** Approve minutes from March 18, 2024 City Council meeting. C.Approve the following appointments: i.Helen Riehle appointed to the Planning Commission for a term to end June 2026 ii.Christopher Carrigan appointed to the Economic Development Committee for a term to end June 2025 iii.Rebecca Kilian appointed to the Economic Development Committee for a term to end June 2027 iv.Bettie Barnes appointed to the Public Art Committee for a term to end June 2027 7.*** Hold the Second Reading and first Public Hearing of an update to the Sign Ordinance. Take action to approve the Sign Ordinance as presented or set a second Public Hearing for June 3, 2024, at 7:00 p.m. – Paul Conner, Planning & Zoning Director (7:00-7:30 p.m.) 8.*** Discuss the FY24 annual allocations to Social Services partners and provide direction to staff on process – Martha Machar, Finance Director (7:30-7:50 p.m.) 180 MARKET STREET, SOUTH BURLINGTON, VERMONT | (802) 846-4107 | WWW.SOUTHBURLINGTONVT.GOV 9. Hold a general discussion of the first two months of the new Council – Jessie Baker, City Manager (7:50-8:20 p.m.) 10. *** Convene as Liquor Control Commission to consider the following applications for approval: Always Full Asian Market, Second Class License; Charlie’s on Fire LLC, First Class Restaurant/Bar License; Farmers and Foragers, First Class Commercial Caterer; Hudson CAN, Tobacco License; Trader Joe’s East, Second Class License; Waffle Chalet, First Class Restaurant/Bar License (8:20- 8:25 p.m.) 11. Other Business (8:25-8:35 p.m.) 12. Consider entering executive session for the purposes of discussing a Labor relations agreement between the City and Library Employees, 1 V.S.A. 313(a)(1)(b) 13. Potential discussion and approval of labor relations agreement between the City and Library employees represented by AFSCME – Colin McNeil, City Attorney (8:55 – 9:05) 14. Consider entering executive session for the purposes of discussing: a. 835 Hinesburg Rd. v. City of South Burlington, 1 V.S.A. 313(a)(1)(e) b. Burton / Higher Ground Vermont Supreme Court appeal, 1 V.S.A. 313(a)(1)(e) 15. Adjourn Respectfully submitted: Jessie Baker City Manager ***Attachments included Note: All times are estimates PAGE 1 CITY COUNCIL 18 MARCH 2024 The South Burlington City Council held a regular meeting on Monday, 18 March 2024, at 6:30 p.m., in the Auditorium, 180 Market Street, and by Go to Meeting remote participation. MEMBERS PRESENT: T. Barritt, Chair; A. Chalnick, E. Fitzgerald, M. Scanlan, L. Smith ALSO PRESENT: J. Baker, City Manager; Chief S. Locke, Deputy City Manager; C. McNeil, City Attorney; J. Pellerin, Deputy City Attorney; Chief S. Burke, Police Department; T. Francis, Deputy Fire Chief; P. Conner, Director of Planning & Zoning; E. Quallen, Deputy Director of Public Works; D. Peters, M. Rorabaugh, Stormwater Superintendent; D. Goodman, L. Bresee, L. Yankowski, R. Doyle 1. Instructions on exiting building in case of emergency and review of technology option: Ms. Baker provided instructions on the emergency exits from the building and reviewed technology options. • Additions, deletions or changes in the order of Agenda items: Ms. Fitzgerald asked for an overview of the proposed easement on Williston Road which is on the next School Board agenda. Members agreed to add this prior to the Police Chief’s presentation. • Comments and questions from the public not related to the agenda: There were no comments or questions. • Announcements, councilors reports from committee assignments and City Manager’s Report: Council members reported on recent meetings and events they had attended. Ms. Baker: Thanked Senator Welch for his visit this week Early voting has opened for the second vote on the school budget. The Rental Registry Ordinance is in place. People can go online to register their properties. Animal registrations are due by 1 April. CITY COUNCIL18 MARCH 2024 PAGE 2 There are a number of programs being presented by the Library and Recreation and Parks. The city has coordinated with GMT for transportation to various city events including the summer “Night Out” series. An improved water service has been installed at Jaycee Park. Tours of City facilities are available to Council members. Ms. Baker will coordinate these via email. • Consent Agenda: • Approve and Sign Disbursements • Approve Minutes from 29 January 2024, 5 February 2024 and 20 February 2024 • Receive February financial statements • Approve accepting stormwater permit 3153-9050 under the City’s MS4 permit to provide coverage for the Stone House Village Home-owners’ Association and the Stone House Village Carriage House Homeowners’ Association • Accept easements for the construction and maintenance of the Dorset St. shared Use Path between Old Cross Road and Sadie Lane & associated drainage and utility infrastructure Mr. Chalnick asked the reasoning for the city to maintain stormwater facilities in neighborhoods. Ms. Rorabaugh explained that this was how the utility was sold to the neighborhoods. Ms. Baker added that the city accepts them if built to standards. She noted that at the next meeting there will be an orientation to Public Works. • Introduce Jared Pellerin, Deputy City Attorney: Ms. Baker noted that Mr. Pellerin had been acting City Attorney in Burlington and brings years of experience there, from the City of Albany, and the State Assembly of New York. She also thanked Mr. McNeil for “holding down the fort” for a number of months. Mr. Pellerin said he can already feel the energy within Ms. Baker’s team and is excited to get to work. • Response to request – Williston Road Streetscape Right of Way Ms. Baker said she and Ms. Blanchard will be attending the School Board meeting on Wednesday to discuss the right of way needed from the School District to achieve the Williston Road Streetscape Improvement project. The project was part of the last bond vote for the TIF. She showed a plan including the 10 feet of right-of-way that will be needed for the protected path. There is no cost to the School District. The request on Wednesday is to allow the attorneys to talk. Ms. Baker also showed and overview of the plan and the entire loop around City Center. She said there are 40-50 right-of-way agreements in discussion related to city-wide projects. • Council Orientation: Public Safety (Police and Fire): CITY COUNCIL18 MARCH 2024 PAGE 3 Chief Burke showed the organization chart of the Police Department including the Community Justice Center. Patrol is the largest group which is run on a 12-hour schedule. The Police Department answers about 12,000 calls for service each year. There are 7 full-time dispatchers (for Police, Fire and Ambulance). There are 2 additional detectives, one who is assigned to CUSI (which focuses on sexual assault and serious child abuse) and one who is assigned to the State Drug Task Force. There is also a State-funded position Human Trafficking Case Manager. Chief Burke then showed a chart regarding recruitment and retention of staff and cited recruitment issues. Two officers have left in 2024. There are 4 potential candidates for the August class at the Police Academy. The Chief noted that the Department is doing less discretionary work and is mainly responding to calls. He showed a graph of unmet social service needs and noted the growth in the number of these calls (1003 in 2023). Chief Burke then showed a chart of prevailing crime trends. Retail theft is at the top of the list followed by larceny and stolen cars. The Chief urged people to keep their cars locked and not to leave tempting stuff on the seats. These crimes have a high recidivism rate over a small number of people. The Chief then showed a photo of the new dispatch center set-up including 4 full-service terminals, computer aided dispatch, video integration, and ergonomically friendly furniture. He stressed the importance of the “calming voices” in dispatch. The center handled 16,000 calls in FY23 and can handle several calls at one time. He also explained the 12–14-week training program for dispatchers. Emerging issues include the need to meet the demands of a diversifying city. The Chief noted that the delta between population and incident volume is at a saturation point. Mr. Scanlan asked what the city can do to get full staffing and what full staffing would mean to the community. Chief Burke said they would be able to do more work in curbing retail theft by being proactive. He noted that when there was a Police presence at the U-Mall during the holiday season, retail theft was down. They could also use more officers on the patrol teams, especially the day shift. Overall, this would allow for more proactive crime prevention work by the police force. He also said an officer could be assigned to better serve youth in our community, especially as we see more youth living in our evolving dense housing areas. Chief Burke noted they now have a new initiative with targeted ads for new recruits (pop-up ads and social media) in areas where they can find diversity in recruitment. He also noted they would have to consider where salaries have gone. Mr. Smith asked what the Council can do. Chief Burke said, “community support is relentless.” He said he “works the room” wherever he goes. He stressed that the level of community support if very appealing to candidates. Housing is also an issue. Some officers would have to leave the city and even the county to find housing. Ms. Baker cited the culture change that Chief Burke has led. She added that one recruitment CITY COUNCIL18 MARCH 2024 PAGE 4 challenge is that the city does not diminish its requirement for quality officers. Chief Burke then outlined the steps needed to become a Police Officer. Ms. Fitzgerald asked 3 questions: how the Council can help move regionalization efforts forward, whether there is on-line reporting of minor incidents by the community, and whether there is opportunity for alternative training/certification programs for policing that might recognize cultural sensitivities. Chief Burke said there had been momentum for regionalization of dispatch, but one community dropped out because of the cost. He didn’t think a regional policing model would work because policing in Chittenden County is a little more “intimate,” and they are now dealing with distrust of policing. He cited the need to build relationships. There is talk of an alternate Police Academy, possibly a non-residential training model. The Chief also noted that language is a barrier to diversified policing, and it can take to the second or third generation Americans to overcome that barrier. The Chief said sometimes on-line reporting is efficient, but he would rather not get to that model. Chief Burke then showed a slide of 21st Century Policing which includes building trust, policy/oversight, technology and social media, community policing and crime reduction, training and education, and officer wellness and safety. The Chief stressed that the South Burlington Police Department has a special relationship with the community. The best trained officers tend not to overreact on the street. The Chief also explained the use of body cameras and the support given to officers for wellness and safety. He noted that this is a particularly young Police force, and the department is doing some leadership training at all levels. Mr. Chalnick suggested a public forum to stress that people are safe in the city and that crimes against people are not prevalent. Chief Burke said there is very little “stranger” problem. Most victims are known to their assailant and usually involve drugs and/or domestic situations. However, there is evidence that people don’t feel safe. The Chief urged people to call the Police if they see something troubling. He thought a public forum was a good idea. Chief Locke then presented the Fire Department organization chart. There are 36 people assigned to rotating shifts, 24 hours on/48 hours off. There is a minimum of 8 firefighters per shift. In July, this will change to a 10-member minimum per shift with the full implementation of the second ambulance. The Chief noted that 16 of the current Firefighters have fewer than 2 years of experience, 20 have fewer than 5 years. Firefighters respond on a 2-tier system. Every medical call gets a fire truck with an ambulance. Dispatch automatically sends the closest unit. All staff must be a minimum EMT. The majority of South Burlington Firefighters are Advanced EMTs. There are 10 who are full paramedics with 4 more currently in school for this advancement. Recent focus has been to increase the number of paramedics. Chief Lock explained that the second ambulance was needed as 23% of their calls did not have a city ambulance available. This increased response time, which can be critical. They also had to rely on other communities for service, which decreased the availability in those CITY COUNCIL18 MARCH 2024 PAGE 5 communities. The Chief then cited the work of the Prevention Division. They review building plans and inspect all public buildings. The Electrical Inspector responds for permitting and inspection of all properties except single family homes. The new Rental Registry will fall under this division. Fire Department revenue for FY24 was $1,402,000 from permit inspections. Chief Locke cited the 59% increase in call volume in the past 10 years. Mr. Smith asked if this is a result of increased population. Chief Locke said the call volume is greater than the population increase. It includes visitors and people traveling through the city. He stressed that Police cars and ambulances are now “the social workers of the city.” Chief Locke then explained the relationship with the Air Guard Fire Department. They have first response for most commercial buildings around the Airport and are a vital element in the system. The South Burlington Fire Department trains with the Guard’s Department. The Air Guard represents 15% of call volume. Emerging issues include: replacement of staff (with retirements), recruitment, maintenance of facilities, training opportunities, dedicated Shift Commander, implementation of the Rental Registry and associated inspections, behavioral health and substance abuse impact (the “revolving door” of patients). Mr. Chalnick asked whether the city is reimbursed for calls to another community. Chief Locke said they bill the patient. Mr. Scanlan asked what the cost would be if the Air Guard Fire Department was not available. Chief Locke said they would need another station with 9 Firefighters. The approximate cost for staff alone would be $1,500,000 to $2,000,000. The Air Guard runs about 1000 incidents a year “off base” in South Burlington, Winooski, and Colchester. • Receive a presentation of the Equity in Planning effort: Mr. Conner said the Planning Department is kicking off an exciting program. It is funded by a Municipal Planning Grant, and the project is identified in the City’s FY24 Policies and Priorities. A number of actions in the City Plan speak to the diversity of the population. Civic Brand has been hired to develop a tool kit that is equitable from the beginning. There will also be an advisory group. There will be an on-line survey and focus groups hosted by a community person in the neighborhood. The project will be identifying “personas” in the community to craft the city’s public engagement strategies. The purpose of the project is to get different viewpoints that ultimately make the community stronger. A key to success will be a commitment from the city leadership and the City Council to use what is learned. Ms. Fitzgerald asked if there is data on the City Plan process of the number of unique community members who participated. Mr. Conner said there is some information on that. CITY COUNCIL18 MARCH 2024 PAGE 6 He noted that the cross-section of people they get for projects is not the same for all projects, but also have come to realize it is not just about more people participating, but about capturing the variety of viewpoints that exist in the community. Mr. Scanlan applauded the initiative. He noted this effort is important in trying to catch the perspective of the vast majority of the population that don't vote or participate in the process. As he heard on the campaign trail there is no shortage of views, but most people put down their lack of engagement too being too busy, especially as most events are in the evening, or just being overwhelmed by the complicated nature of the issues. Mr. Scanlan said it was important for the City Council to hear these voices as ultimately the Council serves all residents. Ms. Baker underscored that folks need to feel that their voices are being heard and considered in the policy decisions of the Council or actions of the City. If this initiative was to be a success, it was up to the Council and the City Departments to be sure that was the case, Mr. Coleman noted that when communities went from Town Meeting to Australian Ballot, public participation went down. • Discussion of community engagement including current efforts, Councilor’s Corner and other ideas: Members signed up to do the Councilor’s Corner column as follows: March – Mr. Barritt April – Mr. Chalnick May – Mr. Scanlan June – Mr. Smith July – Ms. Fitzgerald Mr. Chalnick suggested putting the Council and other agendas on Front Porch Forum. Mr. Smith suggested having neighborhood forums. He is also considering inviting people from different corners of the city to be his Councilor’s Advisory Group. He envisions monthly or so meetings to ensure he gets regular input from folks with different perspectives. Mr. Scanlan suggested that the Councilors could take turns making themselves available to such a group, and then report back to the City Council. This approach would ensure the entire City Council benefits from the varied perspectives, and in turn help inform the Council's policy decisions. Ms. Fitzgerald suggested inviting people to a listening session in neighborhoods on Saturday mornings, similarly to what a few of our legislators have done. A couple of Councilors could participate at a time, with meetings rotating neighborhoods. Mr. Chalnick suggested meeting one day a month to invite people to come and talk with the Council. Mr. Smith asked if he has to be careful of what he is saying. Ms. Baker said the expectation is CITY COUNCIL18 MARCH 2024 PAGE 7 that you are talking to people all the time, wherever that is happening. It is fine to solicit feedback. Mr. McNeil said the way to represent people is to talk to them and listen to them. If there is no conflict of interest that is OK. Mr. Barritt added that the more people they reach who don’t normally come to meetings, the better. Mr. Chalnick shared his interest in writing a newsletter educating people on climate change, and the City Plan's approach to addressing it. Mr. Smith suggested forming a “Climate Champions” committee. Ms. Fitzgerald brought up concerns of Councilors positioning themselves as experts on specific matters and presenting information on behalf of the Council to the community. Ms. Fitzgerald said there was a unique opportunity with the Steering Committee to hold these meetings in neighborhoods, particularly at school locations. She noted this had been happening, but they got away from it. Mr. Coleman reminded members that they can’t have a quorum present without warning the meeting/event. • Discussion of Committee Structure and appointment of Council Liaisons to Committees: Ms. Baker noted the Council establishes policy committees and can change this at any time. They could change the structure of committees to align with the City Plan. She noted one question is how they are leveraging volunteers and staff to accomplish goals. Mr. Smith suggested combining the Bike/Ped and Recreation/Parks Committees into an Active Transportation Committee. He also saw benefits in creating a Transportation Committee to reduce single occupancy car usage in the City's efforts to address climate change. He also suggested a Community Engagement Committee and Climate Champions Committee. Mr. Barritt stressed that there is an issue of staff time. He would be OK with combining committees but not with adding more committees. Mr. Chalnick agreed there was a lot of overlap, and supported efforts to consolidate committees. Mr. Scanlan suggested perhaps consolidating committees along thematic lines. Consolidation would increase the focus and help ensure that our limited personnel resources are not overstretched. Mr. Doyle said he has attended most city committees and felt there was often confusion within the committees as to their mission. He also noted that agendas were, at times, not CITY COUNCIL18 MARCH 2024 PAGE 8 posted. Members then discussed Council liaisons to city committees as follows. Affordable Housing – Ms. Fitzgerald Bike/Ped – Mr. Scanlan City Charter – Ms. Fitzgerald Common Area for Dogs – Mr. Barritt Recreation/Parks – Mr. Smith Economic Development – Mr. Chalnick Planning Commission – Mr. Barritt Energy – Mr. Chalnick Housing Trust Fund – Ms. Fitzgerald Natural Resources – Mr. Smith Pension – Mr. Barritt Public Art – Mr. Barritt Airport Commission – Ms. Riehle with Mr. Scanlan as alternate Town Meeting TV – Ms. Emery with Ms. Fitzgerald as alternate GMT – Mr. Scanlan with Mr. Barritt as alternate CCRPC – Ms. Emery with Mr. Scanlan as alternate CC Communications – Mr. Barritt with Mr. Smith as alternate Safe Routes to School – Mr. Chalnick These appointments will be on the next Consent Agenda. Mr. Doyle cited the issue of Councilors who pushed their own “agendas” at committee meetings, noting that this became an issue at the City Charter Committee. • Discussion of Possible Adoption of FY25 Policy Priorities and Strategies process: Ms. Baker reviewed the history and said priorities and strategies will be aligned with the new City Plan. A date for the retreat will be coordinated. Members felt early June would work for them. Mr. Smith moved to keep the same format. Ms. Fitzgerald seconded. Motion passed unanimously. • Convene as South Burlington Liquor Control Commission to consider: Kinney Drugs #55, Second Class License: Mr. Scanlan moved to convene as the Liquor Control Commission. Ms. Fitzgerald seconded. Motion passed unanimously. Mr. Smith moved to approve the Second-Class License for Kinney Drugs #55 as presented. Mr. Scanlan seconded. Motion passed unanimously. Mr. Scanlan moved to reconvene as City Council. Mr. Smith seconded. Motion passed unanimously. CITY COUNCIL18 MARCH 2024 PAGE 9 • Other Business: No other business was presented. • Consider entering an executive session for the purposes of discussing pending and probable civil litigation to which the City is a party and to receive confidential attorney client communications made for the purpose of providing professional legal services to the City Council: Mr. Scanlan moved that the Council make a specific finding that premature general public knowledge of the Council’s discussion of Pending or Probable Civil Litigation to which the City is a party and confidential attorney-client communications made for the purpose of providing professional legal services to the Council would clearly place the public body at a substantial disadvantage. Mr. Smith seconded. Motion passed unanimously. Mr. Scanlan then moved that the Council enter into an executive session under 1 V.S.A. Section 313(a)(1)(E) and (F) for the purpose of discussing Pending or Probable Civil Litigation to which the City is a Party and Confidential Attorney-Client Communications made for the purpose of providing professional legal services to the Council, and inviting into the session Ms. Baker, Chief Locke, Mr. Pellerin and Mr. McNeil. Mr. Smith seconded. Motion passed unanimously. Mr. Smith noted that he is an appellant in one of the civil actions and will recuse himself and leave the session when that item is discussed. Following the Executive Session, as there was no further business to come before the Council, Mr. Scanlan moved to adjourn. Ms. Fitzgerald seconded; the motion passed unanimously. The meeting was adjourned at 10:58 p.m. _________________________________ Clerk MEMORANDUM TO: Jessie Baker, City Manager South Burlington City Council FROM: Paul Conner, Director of Planning & Zoning Jared Pellerin, Deputy City Attorney SUBJECT: Draft Sign Ordinance Amendments; Second Reading and First Public Hearing DATE: May 6, 2024, City Council meeting This evening is the second reading and first public hearing on draft amendments to the Sign Ordinance, as warned by Council at your April 1st meeting. Enclosed with your packet please find a “redline” version of the Sign Ordinance with the amendments as voted upon for public hearing last month. Updates since April 1 No public comment or additional input has been received by staff as of the writing of this memo (4/30/2024). Staff has identified one additional change that we would strongly recommend Council make prior to adoption of the Amendments. The draft Ordinance creates a new allowance for “perpendicular signs” – signs that project from the wall of a building. In the 4/1 draft, each ground floor business is allotted a sign of up to 21 s.f., in addition to the two “wall signs” they are already granted. Staff measured projecting wall signs on Church St in Burlington for reference and found them to be only 5 or 6 s.f. in size. Staff is recommending a change that would allow a building owner to choose between either (a) one 21 s.f. sign on the building OR (b) one 6 s.f. sign per first-floor business. The proposed change is below. For ease of reading, the 4/1/24 draft is shown in black and the 5/6/24 changes are shown in red underline. SECTION 15. Perpendicular Signs. Perpendicular signs are permitted subject to the following conditions: (A) A property shall be permitted either to install perpendicular sign(s) pursuant to this section OR free- standing sign(s) pursuant to Section 8, but in no case shall both be permitted. (B) Any perpendicular sign to be installed must be structurally sound and safe for pedestrians, traffic and other activities. (C) Any proposed encroachment into or over the public right-of-way must provide to the Code Officer written approval from the Department of Public Works of such encroachment prior to issuance of a permit. (D) A perpendicular sign may not extend above the top of the building wall or parapet to which it is attached. (E) A perpendicular sign may extend no more than three (3) feet from the outside edge of the wall to which it is attached. (F) A perpendicular sign shall have its lowest point no less than eight (8) feet above the ground level. (G) Number and Areas of a perpendicular signs. A building may have either: (1) One (1) A perpendicular sign, with an area shall not to exceed twenty-one (21) square feet in area OR. (2) One (1) perpendicular sign per first-floor tenant with a direct entryway, with an area not to exceed six (6) square feet and located on the tenant’s storefront. (H) Parallel and Attached Faces. Signs having two (2) parallel and attached faces shall be considered as one sign, and the area shall be computed for one side only. (H)(I) A perpendicular sign shall not be internally illuminated. (I) There shall be a maximum of one (1) perpendicular sign per first-floor tenant with a direct entryway, which shall be located on the tenant’s storefront. Staff recommendation: Staff recommends the Council open the public hearing, take any feedback, and close the public hearing. Following the public hearing, the Council is invited to discuss next steps. The Council can choose at that point to (a) adopt the amendments as originally warned on April 1, (b) make the staff-recommended changes, and any others specific changes it may feel appropriate and warn a third reading/second public hearing on these updated amendments, or (c) table action to a future meeting. Proposed Motions: Motion 1: “I move to open the public hearing and waive the formal reading of the duly warned proposed amendments to the City’s Sign Ordinance pursuant to 24A V.S.A. Chapter 13 Section 106.” Motion 2: “I move to close the public hearing of proposed amendments as warned, to the City of South Burlington’s Sign Ordinance pursuant to 24A V.S.A. Chapter 13 Section 106.” Motion 3: Option #1 - If the Council wishes to make additional amendments or changes: “I move to consider further amendments to the City’s Sign Ordinance, as presented in the staff memo accompanying this meeting [and ________] and cause all said amendments to be publicly warned and set for public hearing on June 7, 2024 at 7pm. Option #2 - To Adopt as Proposed on April 1, 2024 without additional changes: “I move to adopt the amended Sign Ordinance as warned pursuant to 24A V.S.A Chapter 13, Section 107.” Option #3 – To table further discussion and any action to a future meeting: No motion required. Summary of Amendments: As discussed, the principal driving force of these proposed amendment are the changes to account for the construction of City Center, the pending occupancy of new buildings along Market Street and beyond, the needs of the community, best practices, lessons from the pandemic, and recent changes in case law. The Sign Ordinance was last amended in 2010. Alongside these City Center amendments are a number of other proposed changes stemming from the age of the ordinance. These include amendments to account for more recent decisions of the United States Supreme Court, greater flexibility in the placement of wall signs and timeframes for sidewalk signs, as well as overall clarification of provisions. Key Changes include: • Perpendicular and Free-standing signs in City Center. New free-standing signs are prohibited in City Center except along major thoroughfares. Instead, perpendicular projecting signs affixed to buildings are allowed and encouraged. This allowance is extended city wide as well at the property owner’s discretion. • Sidewalk/Event signs. Current regulations allow each business to install one sidewalk sign for up to 7 days per month, with receipt of a permit for each time it is installed. The amendment would allow businesses to maintain one sidewalk sign up to 3’x4’ year-round and allow each property to have a larger event sign once per month for up to 7 days. • Process / design streamlining. In several instances the current ordinance has redundant standards. These include both the Master Signage Permit (requiring an overall sign package approval prior to obtaining a permit for individual signs on a parcel) and overlap between the City Center Sign District and other standards. The Master Signage Permit is proposed to be removed, while the City Center Sign District’s standards are simplified. • Lighting of signs. Extends existing standards that internally-illuminated signs must have opaque backgrounds from City Center to City wide and clarifies that lighting for all business signs must be turned off at midnight unless the business is open after that time. • Content-based sign standards. The US Supreme Court issued rulings a few years ago that severely curtails regulation of signs based on content. Several updates within these amendments are intended to move towards greater compliance with these rulings. • Interface with Land Development Regulations. The Proposed amendments improve alignment with standards in the LDRs in a variety of spaces. • Wall sign flexibility. Single-tenant buildings may now have 3 instead of 2 wall signs, using the same total allowable area. • Nonconforming signs. Updates non-conformity language, creating greater clarity and slightly adjusting the time period for signs to come into compliance with the new ordinance. • General clarifications. Several updates provide for improved clarity of the standards. The amendments were discussed with the Economic Development Committee last fall, which expressed support for the draft amendments as presented to them. Sign Ordinance DRAFT APRIL 1, 2024 SIGN ORDINANCE 2 City of South Burlington Ordinance DRAFT 2024-04-01 Table of Contents 1. Authority and Purpose ...................................................................................................................... 4 2. Definitions ......................................................................................................................................... 5 3. Permit Required .............................................................................................................................. 11 4. Permit Fees...................................................................................................................................... 11 5. Dorset Street/City Center Sign District. ........................................................................................... 11 6. Application for Sign Permit ............................................................................................................. 13 7. Master Signage Permits .................................................................................................................. 14 8. Free-Standing Signs ......................................................................................................................... 16 9. Wall Signs ........................................................................................................................................ 26 10. Directory and Entryway Signs ......................................................................................................... 30 11. Incidental and Directional Signs ...................................................................................................... 30 12. Signs in Residential Areas ................................................................................................................ 32 13. Landscape Feature Signs ................................................................................................................. 33 14. Airport Signage ................................................................................................................................ 34 15. Perpendicular Signs ......................................................................................................................... 34 16. Real Estate and Construction Project Signs ..................................................................................... 35 17. Miscellaneous Types of Signs .......................................................................................................... 36 18. Temporary Signs .............................................................................................................................. 37 19. General Sign Requirements ............................................................................................................. 39 20. Lighting ............................................................................................................................................ 41 21. Regulations for Establishments Selling Gasoline ............................................................................. 42 22. Exemptions ...................................................................................................................................... 42 23. Non-Conforming Signs .................................................................................................................... 45 24. Unsafe Signs ................................................................................................................................... 46 25. Removal of Certain Signs ................................................................................................................. 46 26. Revocation of Permits ..................................................................................................................... 47 27. Renewal of Permits ......................................................................................................................... 47 28. Appeals ............................................................................................................................................ 47 29. Enforcement ................................................................................................................................... 47 32. Conformity with State Law .............................................................................................................. 49 APPENDIX A .................................................................................................... Error! Bookmark not defined. SIGN ORDINANCE 3 City of South Burlington Ordinance DRAFT 2024-04-01 1. Authority and Purpose ...................................................................................................................... 3 2. Definitions ......................................................................................................................................... 3 3. Permit Required ................................................................................................................................ 8 4. Permit Fees........................................................................................................................................ 8 5. Dorset Street/City Center Sign District. ............................................................................................. 9 6. Application for Sign Permit ............................................................................................................. 10 7. Master Signage Permits .................................................................................................................. 11 8. Free-Standing Signs ......................................................................................................................... 13 9. Wall Signs ........................................................................................................................................ 22 10. Directory and Entryway Signs ......................................................................................................... 26 11. Incidental and Directional Signs ...................................................................................................... 26 12. Signs in Residential Areas ................................................................................................................ 28 13. Landscape Feature Signs ................................................................................................................. 28 14. Airport Signage ................................................................................................................................ 29 15. Perpendicular Signs ......................................................................................................................... 29 16. Real Estate and Construction Project Signs ..................................................................................... 30 17. Miscellaneous Types of Signs .......................................................................................................... 31 18. Temporary Signs .............................................................................................................................. 32 19. General Sign Requirements ............................................................................................................. 33 20. Lighting ............................................................................................................................................ 35 21. Regulations for Establishments Selling Gasoline ............................................................................. 36 22. Exemptions ...................................................................................................................................... 36 23. Non-Conforming Signs .................................................................................................................... 38 24. Unsafe Signs ................................................................................................................................... 39 25. Removal of Certain Signs ................................................................................................................. 39 26. Revocation of Permits ..................................................................................................................... 39 27. Renewal of Permits ......................................................................................................................... 40 28. Appeals ............................................................................................................................................ 40 29. Enforcement ................................................................................................................................... 40 32. Conformity with State Law .............................................................................................................. 41 APPENDIX A ................................................................................................................................................ 42 SIGN ORDINANCE 4 City of South Burlington Ordinance DRAFT 2024-04-01 South Burlington Sign Ordinance Adopted: June 3, 2002 Amended: April 8, 2003 March 8, 2005 November 22, 2005 June 21, 2006 May 6, 2008 June 1, 2009 July 20, 2009 MAY 3, 2010 AN ORDINANCE TO REGULATE SIGNS IN THE CITY OF SOUTH BURLINGTON The Council of the City of South Burlington hereby ordains: SECTION 1. Short Title This ordinance shall hereafter be known and cited as the "South Burlington Sign Ordinance". SECTION 21. Purpose and Authority and Purpose This ordinance is enacted by the City Council under the authority it is granted to regulate signs set forth in 24 V.S.A. Section 2291 and Section 104 of the South Burlington City Charter. The purpose of this Ordinance is to promote the public welfare and safety by regulating existing and proposed signs. It is intended hereby to reduce sign distractions and obstructions that may contribute to traffic accidents, to reduce hazards that may be caused by signs in disrepair or of faulty construction, and to curb deterioration of natural beauty, open space and community environment. It is intended that in commercial areas now in existence and in proposed commercial and industrial areas, all signs within one complex be coordinated with the architecture and surroundings in such a manner that the overall appearance is harmonious in color, form and proportion. It is further intended that the display of signs will be appropriate to the land, building or use to which they are appurtenant and be adequate, but not excessive, for the intended purpose of identification. SIGN ORDINANCE 5 City of South Burlington Ordinance DRAFT 2024-04-01 This ordinance is enacted by the City Council under the authority it is granted to regulate signs set forth in 24 V.S.A. Section 2291 and Section 104 of the South Burlington City Charter. This ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A. Chapter 59. SECTION 32. Definitions This ordinance is enacted by the City Council under the authority it is granted to regulate signs set forth in 24 VSA § 2291 and Charter § 13-104. This ordinance shall constitute a civil ordinance within the meaning of 24 VSA Chapter 59. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) "A-Frame" or "Sandwich Board" as used in this Ordinance shall be interchangeable terms that mean a moveable sign not secured or attached to the ground or surface upon which it is located, butlocated but supported by its own frame and most often forming the cross-sectional shape of an “A”. (b) "Action Sign" as used in this Ordinance shall mean tThe intentional movement of a sign body or any segment thereof, such as, rotating, revolving, moving up or down or any other type of action involving a change of position of the sign body or segment thereof, whether caused by mechanical or any other means. (c) "Animated Sign" as used in this Ordinance shall mean aAny lighted sign on an intermittent or flashing circuit or the movement of any light used in connection with any sign, such as but not limited to blinking, traveling, flaring or changing degree of intensity. (d) "Area of Sign" as used in this Ordinance shall mean: (A) (1) fFor cut-outCut-Out Letters, the basis for the area of the sign shall be computed by taking one-half the area enclosed within the smallest regular geometric figure or figures needed to completely encompass all letters, including vertical and horizontal spacings between letters (see Illustration 10.1). In no case shall the basis for the resulting area of the sign exceed one hundred (100) square feet. Illustration 3-1 Area of a Wall Sign with Cut-Out Letters SIGN ORDINANCE 6 City of South Burlington Ordinance DRAFT 2024-04-01 (B) (2) fFor signs other than cut-out letters, the area of the sign shall exclude the supporting structure and shall be computed by taking the total area within the outer edge of the sign. (C) (3) sSigns having two (2) parallel and attached faces shall be considered as one sign, and the area shall be computed for one side only. In the case of an "A-frameA-Frame" or "sandwich board" sign, the area shall be calculated for one side of the "A-frameA-Frame" or "sandwich board" only. (D) (4) fFor signs having more than two (2) sides, the relevant sign area shall be the sum of all areas on which information and/or graphics are displayed. (f) "Backlighted Letter" as used in this Ordinance shall mean aAn illuminated reverse channel letter with an open or translucent back so that light from the letter is directed against the surface behind the letter, producing a halo lighting effect around the letter. (g) "Banners and Pennants" as used in this Ordinance shall mean aAny advertising device affixed to poles, wires or ropes, such as Banners, Pennants, streamers, wind operated propellers, string lighting or other similar advertising media, but not to include properly displayed governmental flags. (h) "Billboard Sign" as used in this Ordinance shall mean aAny structure attached or detached from any building and bearing a sign which is not appurtenant to any business conducted on the property where the sign is located. Calculating the Area of a Wall Sign with Cut-Out Letters JIM’S STEAKS h w Area = h x w PAT’S T E A K S C H ESE w(1) h(1) Area = sum (w x h) For cut-out letter signs, area is calculated by adding up the area of the smallest regular geometric features needed to completely enclose the sign. In the example on the right, the sign area would be the sum of the four rectangles that would be drawn to enclose all of the letters on the sign. SIGN ORDINANCE 7 City of South Burlington Ordinance DRAFT 2024-04-01 (i) "Code Officer" as used in this Ordinance shall mean tThe individuals in City Government designatedned by the City Council to administer and enforce this Ordinance. The Code Officer may delegate his authority hereunder to such assistants as may be authorized by the City Council. (j) "Construction or Project Signs" as used in this Ordinance shall mean aAny sign or advertising device erected on a project site prior to or during a new construction project, substantial renovation project or exterior painting projectproject. (k) "Cut-Out" or "Cut-Out Letters" shall mean lLetters, numbers, emblems and symbols which are detached or separately molded from the material from which they were made. (l) "Depth" as used in this Ordinance shall mean tThe longest horizontal dimension of a sign and/or support structure, measured parallel to the ground and perpendicular to the face of the sign. In the case of signs with multiple faces, the sign depth shall be the longest of the horizontal dimensions measured for each sign face. (m) "Directional Sign" as used in this Ordinance shall mean aA sign designed to direct and inform the public as to the location of exits, entrances, service areas, loading and unloading areas, and designated parking spaces or areas, or similar wording of an informational nature. (n) "Directory Sign" as used in this Ordinance shall mean Aa sign that identifies the names and locations of tenants in a multi-tenant building or in a development made up of a group of buildings, andbuildings and may include identification of incidental services or facilities in the same building or development. (o) "Erect" as used in this Ordinance shall mean tTo building, construct, attach, hang, place, suspend or affix, and shall also include the painting of Wall signs. Feather Flag Sign An upright portable sign that contains a harpoon-style pole or staff driven into the ground for support or supported by means of an individual stand. (p) "Florescent Colors" as used in this Ordinance shall mean Ccolors that reflect not only their own color, but also convert the shorter wave lengths into radiant energy causing them to appear 3 to 4 times as bright as ordinary color. These colors do not reflect light toward its source in the intense manner that Reflectorized materials do, but rather in an amount similar to a white painted surface. (q) "Free-Standing Sign" as used in this Ordinance shall mean a A sign detached from any building. Vending machines located outside of a building with images of products for sale that are clearly visible from the public right-of-way shall be considered free-standing signs and shall be subject to all provisions of this Ordinance. (r) "Gross Façade Area" as used in this Ordinance shall mean tThe gross surface area of all exterior Walls of a building exposed to public view. (s) "Incidental sign" as used in this Ordinance shall mean aA sign, generally informational, that has a purpose secondary to the Lot on which it is located, such as "no parking," "loading only," "telephone," or other similar directives. Additional signs that may be considered incidental include but are not limited to "ice," "bottle return," "vacancy/no vacancy," or "service." Traffic warning signs such as "Stop" or "Right Turn Only" shall not be considered incidental. SIGN ORDINANCE 8 City of South Burlington Ordinance DRAFT 2024-04-01 Inflatable or wind sign Any objects inflated or otherwise supported or moving by air, wind, or other gasses, used to advertise goods or services or direct attention to the property on which such signit is located, regardless of whether text or graphics are included. (t) "Interpretive Signage" as used in this Ordinance shall mean aA sign providing information that interprets a natural, historical or cultural resource, event or site. Such signs shall be located only on sites directly related to the information contained in the sign. (u) "Landscape Feature Sign" as used in this Ordinance shall mean a A free-standing solid Wall or solid earthen berm, made of soil or other natural materials as defined in this Ordinance, and not attached to any building, that has been approved by the South Burlington Development Review Board or Administrative Officer in accordance with the provisions of the South Burlington Land Development Regulations, as amended. Fences shall not be considered landscape features for purposes of this ordinance, irrespective of the material of which the fence is made. (v) "Logo" as used in this Ordinance shall mean a A symbol or design that represents goods, identity or service. (w) "Lot" as used in this Ordinance shall mean a A parcel of land owned by a lot owner, the boundaries of which are: 1) established by a deed or deeds recorded in the land records of the City of South Burlington, and the records of any public road right-of-way; or 2) shown on a plat approved by the South Burlington Planning Commission or Development Review Board pursuant to subdivision regulations, provided such approval has not expired. When a lot owner owns a lot which fails to meet minimum lot size requirements under the South Burlington Land Development Regulations and such lot is contiguous to another lot owned by the same lot owner, such contiguous lots shall constitute a single lot, except that: 1) contiguous lots which as of June 7, 1947 were devoted to separate and unrelated uses shall constitute separate lots so long as such lots continue to be devoted to separate and unrelated uses; or 2) contiguous lots which are devoted to uses approved as separate uses under the South Burlington Land Development Regulations shall constitute separate lots provided such uses are conducted in compliance with the terms and conditions of the approvals granted; or 3) contiguous lots which are shown on a plat approved by the South Burlington Planning Commission or Development Review Board pursuant to subdivision regulations shall constitute separate lots provided such approval has not expired. (x) "Lot owner" as used in this Ordinance shall mean tThe record owner of fee title to a Lot. (y) "Luminescent" as used in this Ordinance shall mean A any light, produced by the action of electricity in an enclosed gas, such as neon, argon or fluorine. (z) "Luminous Material" as used in this Ordinance shall mean aA material that stores light and glows in the dark. The glow can be described as a weak soft light. Maintain a Sign When the words "maintain a sign" or words of similar effect are used herein in reference to the ability for a sign to continue in existence, it shall be interpreted as such or when used in a manner referring to the keeping of a sign in good order, it shall carry such meaning. SIGN ORDINANCE 9 City of South Burlington Ordinance DRAFT 2024-04-01 (aa) "Marquees, canopies or awnings" as used in this Ordinance shall mean b Building mounted fabric and frame constructions or free-standing fabric (or other similar material) and frame that is attached to a building. and used for seasonal and/or advertising purposes that do or do not contain graphics or sign information for a particular establishment. (e) "Marquee, Awning, canopy or marquee Awning sign" as used in this Ordinance shall mean lLogos and lettering on awnings, canopies or marquees, and graphics associated with such Logos and lettering. Such signs shall be considered Wall signs, incidental signs or directional signs for purposes of this Ordinance, based on the information conveyed, and shall be counted towards the maximum number and area of signs permitted for a building or property in accordance with the standards for the applicable type of sign. The area of the signs shall be calculated using the provisions for Cut-Out Letters in (c)(2) as defined under “Area of a Sign”above. (bb) "Mural" as used in this Ordinance shall mean a A purely decorative treatment on the exterior Wall of a building that does not have the overt intent or effect of advertising a product or service for sale or an agency, organization or business. (cc) "Name Plate Sign" as used in this Ordinance shall mean any sign not more than one (1) square foot in area used to identify the owner or owners of a private residence. (dd) "Natural Materials" as used in this Ordinance shall mean iI Indigenous materials such as plants, shrubs, trees, wood that is stained or painted a neutral brown or grey color, unpainted stone, decorative textured masonry or concrete, and unpainted brick. "Natural Materials" shall not include glass or smooth (un-textured) poured concrete for purposes of this Ordinance. (ee) "Off-Premise Signage" as used in this Ordinance shall mean a Any sign that is not displayed on the same premises where the goods, entity or services advertised are located. (ff) "Parapet Wall" as used in this Ordinance shall mean a A low Wall along the edge of a roof, and being a portion of the Wall which extends above the line of the roof, with the exterior to the extension forming a continuous plane with the Wall below. Perpendicular Sign A sign attached to, or hanging from a structure attached to the wall of a building or structure with the exposed face of the sign in a plane perpendicular or roughly perpendicular to the face of said wWall. A perpendicular sign shall not be considered a wall sign (gg) "Person" as used in this Ordinance shall mean and include aAny person, individual, firm, partnership, association, corporation, company or incorporated or unincorporated organization or group of any kind. (hh) "Plate Line" as used in this Ordinance shall mean tThe point at which any part of the roof structure first touches, or bears upon, an external Wall. (ii) "Point-of-Purchase Sign" as used in this Ordinance shall mean tThe signage that advertises a product at its point of sale, or "point of purchase" location. (jj) "Principal Public façade" of a building, as used in this Ordinance fFor purposes of calculating maximum total Wall sign area, shall mean the main building façade facing a public street or another façade that SIGN ORDINANCE 10 City of South Burlington Ordinance DRAFT 2024-04-01 functions as a Principal façade with an actively used public entryway, subject to the approval and discretion of the as determined by the Code Officer. There shall be no more than one Principal Public façade per building. (kk) "Projecting Sign" or "perpendicular sign" as used in this Ordinance means any sign attached to a building or other structure and extending in whole or in part more than nine (9) inches beyond the building line, or more than fifteen (15) inches in the case of raceway sign. (II) "Raceway Sign" as used in this Ordinance shall mean a A sign comprised of channel or other cut-out figures or letters mounted to an electrical enclosure, with the enclosure being smaller than the height of the attached letters. (mm) "Reader Board" shall mean a A sign to which letters are not permanently secured or affixed and/or which is wheeled or otherwise readily moveable. The term "reader board" shall not include "A- fFrame" or "sSandwich bBoard" signs. (nn) "Reflectorized" as used in this Ordinance shall mean aAny material that reflects light back toward its source in an intensity many times greater than would be reflected by a white painted surface. Reflectorized materials may include but are not limited to reflective sheeting, glass beads and glass or plastic reflectors. (oo) "Residential District" as used in this ordinance shall include tThe following zoning districts as defined as such in the South Burlington Land Development Regulations as presently in force or hereafter adopted and amended from time to time: Residential 1, Residential 2, Residential 4, Residential 7, Queen City Park, Lakeshore Neighborhood, and Southeast Quadrant. (pp) "Roof Sign" as used in this Ordinance shall mean aAny sign erected in any way upon a building or structure which extends above the roof line of the building or structure. (qq) "Sign" as used in this Ordinance shall mean and include every sign, billboard, bulletin-board, free-standing sign, wall sign, window sign, roof sign, illuminated sign and projecting sign, and shall include aAny letter, word, number, model, mural decoration, banner, flag, feather flag sign, pennant, clock, thermometer, insignia, light or combination of lights, used or placed as an announcement or declaration to identify, advertise or promote the interest of any person when the same is placed in view of the general public from outside the structure on which the sign is placed or any sign type identified in this Ordinance. (rr) "Temporary Sign" as used in this Ordinance shall mean aAny sign for a limited period of time for advertising or informational purposes supplementary to or in place of existing permanent signs. (ss) "Traveled wWay" as used in this Ordinance shall mean tThe paved or otherwise surfaced area of a public street or road intended for use by vehicular traffic, including aprons, shoulders, and curbing, but not including a sidewalk or recreation path. (tt) "Wall Sign" as used in this Ordinance shall mean aA sign attached to, painted on, and/or erected against the Wall of a building or structure with the exposed face of the sign in a plane parallel or roughly parallel to the face of said Wall (including any interior Wall) whether attached to Windows or otherwise, which is placed in view of the general public from outside the building or structure. SIGN ORDINANCE 11 City of South Burlington Ordinance DRAFT 2024-04-01 (uu) "Wall" as used in this Ordinance shall mean tThe surface area of any major plan unit of any side or face of a building. (vv) "Wayfinding" as used in this Ordinance shall mean sSigns with maps or other graphics used to convey location and directions to travelers, and not used for any advertising purpose. (ww) "Window" as used in this Ordinance shall mean tThe total area of transparent panes within a single supporting sash structure, excluding muntins. Panes divided by muntins shall not be considered individual Windows; the total area of all panes and muntins within a single supporting sash structure shall constitute the total area of the Window. Transparent panes inside a door frame shall be considered "Windows" for purposes of this Ordinance, subject to the judgment and discretion of the Code Officer. (xx) "Window Sign" as used in this Ordinance shall mean a A sign attached to, painted on, or erected against the interior or exterior of a Window with the exposed face of the sign in a plane parallel or roughly parallel to the face of said Window located so as to be readable primarily from the exterior of the Window. Products for display shall not constitute a Window sign. (yy) When the words "maintain a sign" or words of similar effect are used herein, the same refers to allowing the sign to continue in existence and shall not be taken to refer to keeping the sign in good order. SECTION 43. Permits Required It shall be unlawful for any person to Erect, alter or relocate within the City of South Burlington, any sign, as defined in this Ordinance, without first obtaining a sign permit from the Code Officer, in accordance with all the provisions of this Ordinance. Any sign not expressly permitted by the provisions of this Ordinance is expressly prohibited. SECTION 54. Permit Fees Every applicant, before being granted a permit hereunder, shall pay to the City Treasurer such permit fee or fees in accordance with the schedule of fees adopted by resolution of the City Council, and as amended from time to time. SECTION 65. Dorset Street/City Center Sign District. (A) Purpose. There is hereby designated and created the Dorset Street/City Center Sign District, the boundaries of which are shown on a plan map entitledtitled, " Dorset Street/City Center Sign District", dated July 22, 1998, which plan map is incorporated into and made a part of this Ordinance as Appendixces A and B. This special sign district is designated to reflect the long term goal of the City to develop Dorset Street and the City Center area as an attractive mixed-use, well-designed, integrated focal point for the City. The area is to be a mixed use, pedestrian-oriented downtown primarily residential, office, retail and municipal core for the City of South Burlington. This special sign district is also intended to promote the intended pedestrian orientation for the future of the district as well as to ensure pedestrian and traffic safety, to encourage the effectiveness and clarity of sign communication, and to maintain and enhance the aesthetic quality within the district. SIGN ORDINANCE 12 City of South Burlington Ordinance DRAFT 2024-04-01 (B) Application Materials: For any Lot in the City Center Sign District on which the owner proposes to erect one or more signs requiring a permit, the owner shall submit a permanent sign permit application containing the following information: (1) An accurate plot plan of the Lot, at such scale as the Code Officer may reasonably require; (2) Location of buildings, parking lots, driveways and landscaped areas on such lot; (3) The location, size, date of installation, and status of all non-complying signs on the property, if applicable. (4) The design parameters for the City Center Sign District, in accordance with (C) below, including overall parameters and the design and location of any proposed individual signs. (5) The location and specifications of all proposed light fixtures and lighting elements, including cut sheets if applicable. (1)(6) A proposed general design for any incidental and directional signs on the property, other than those with designs prescribed by law. (B)(C) Standards for Design Review. The parameters for the erection, alteration or relocation of any sign, except for temporary, Wwindow and exempt signs, located within the Dorset Street/City Center Sign District, as depicted on the above referenced planm, shall require design approval by the Code Officer South Burlington Design Review Committee and Development Review Board. Such design approval shall be required prior to issuance of a sign permit by the Code Officer. In reviewing an application for design approval, the Design Review Committee and Code Officer Development Review Board shall consider the following: (1) Consistent Design: the design of a sign shall consider and be compatible and harmonious with the design of buildings on the property and nearby. The design of all signs on a property shall promote consistency in terms of color, graphic style, lighting, location, material and proportions. (2) Promote City Center Goals: signs shall be designed and located in a manner which reinforces and respects the overall stated goals of the City Center Ssign Ddistrict and the design goals for City Center as outlined in section of the City Plan, including a high aesthetic quality and pedestrian orientation. (3) Color and Texture: the color and texture of a sign shall be compatible and harmonious with buildings on the property and nearby. The use of a maximum of three (3) predominant colors is encouraged to provide consistent foreground, text and background color schemes. (3) Materials Used: signs shall be designed and constructed of high-quality materials complimentary to the materials used in the buildings to which the signs are related (4) Multi-Tenant Buildings: Wall signs attached to multi-tenant buildings shall contain a consistent mounting (for example, cut out letters, lettering on raceway, etc.) and shall have consistent lighting where lighting is proposed. Multi-tenant buildings shall display no more than two styles of wall signs at any one time. Where permitted, free-standing signs associated with multi-tenant buildings shall use signs of the same size and color design SIGN ORDINANCE 13 City of South Burlington Ordinance DRAFT 2024-04-01 (C) Directory Signs. In the Dorset Street/City Center Sign District, the City of South Burlington will establish a uniform Directory Sign System to be constructed and maintained by the City in the public right of way at designated locations and designed to serve businesses, offices and entities which share a curb cut, building or group of buildings. All businesses, offices, services, agencies and entities which share an entry or property are entitled to participate in this system for a fee as established and adopted by the City Council and included as part of the Schedule for Permit Fees. The fee will cover the initial cost of sign panel fabrication for the individual entity, as well as an appropriate percentage of the maintenance and management costs for the directory sign. Any business or entity participating in this directory sign system is allowed to do so without losing any of its total permissible sign area. Signs on this directory, therefore, will be in addition to the allowable sign area for the participating business or entity. (D) Entry Signs. In the Dorset Street/City Center Sign District, entry signs which contain the words "enter" or "exit" and or related/similar wording are permitted as ground mounted or post-mounted signs and are not to exceed three (3) square feet. Included on these signs may be a reference to a business or office or building only where that business is not directly served by a curb-cut at the property itself and shares a curb-cut with another or multiple businesses or entities, and when this circumstance occurs the total area of one side may not exceed four (4) square feet. Such entry signs shall be allowed in addition to permitted free-standing and directional signs for the property. It is also desirable to coordinate lettering and design of these signs with the overall signage for the property it serves. (E) Establishments Selling Gasoline. Establishments selling gasoline located within the Dorset Street/City Center Sign District shall be subject to all provisions of Section 221 of this Ordinance, and also shall be subject to the design review standards of this Section 65. SECTION 76. Application for Sign Permit (A) Except as otherwise provided, all applications for the Dorset Street/City Center Sign District shall follow the procedure for Master Signage Permits set forth in Section 87 of this Ordinance. (B)(A) Applications for all other sign permits shall be made upon forms provided by the Code Officer, and shall have attached thereto the following information and such other information pertaining to the proposed sign as the Code Officer may reasonably require. (1) Name, address and telephone number of applicant and property owner. (2) Location of building, structure, or lot to which, or upon which, the sign is to be attached. (3) Position of the sign in relation to nearby buildings or structures. (4) Plans (drawn to scale) and specifications including size and color of the sign and its various parts, the style of letter, material of which sign is to be constructed, and the method of attachment to the buildings or in the ground. (5) A color sketch of the sign and building as they would appear in relation to each other. (6) Statement as to method of illumination and intensity of the sign. SIGN ORDINANCE 14 City of South Burlington Ordinance DRAFT 2024-04-01 (7) If required by the Code Officer, a copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and Ordinances of the City. (8) Name, address and telephone number of person erecting the sign. (9) Written consent of the owner of the building, structure, and land to which or on which the sign is to be erected. (C)(B) Except as provided in sub-section (d) below, wWithin ten thirty (1030) working days after receipt of all of the foregoing information, together with the permit fee specified in Section 54 hereof, the Code Officer shall review the application for compliance with this Ordinance and shall render a decision to approve or disapprove the application. In rendering a decision, the Code Officer shall determine whether the application complies with the requirements of this Ordinance, is compatible with surrounding architecture and uses, and does not create an adverse effect on the scenic or aesthetic quality of the area. In making his determination the Code Officer shall review each application in light of the purposes of this Ordinance and applicable design standards. . When the Code Officer deems it necessary, an architect may be retained to assist in the review of individual applications, at the applicant's sole cost and expense. (D)(C) If the Code Officer determines that the application for the sign does not comply with all provisions of this Ordinance, the Code Officer shall, within the period noted above, notify the applicant in writing of the decision to disapprove the application, which notice shall include a statement of reasons for disapproval, and shall refund the permit fee in full. Such statement shall include a description of the manner in which the application can be brought into conformance with these regulations. If an application is approved, a permit shall be issued and forwarded to the applicant within the time period noted above. SECTION 87. Master Signage Permits (F) At such time as a new or amended permit is sought after the effective date of this Ordinance, all properties in the Dorset Street/City Center Sign District seeking a sign permit or permits and all multi-tenant buildings or multi-building complexes located wholly or partially within the R7-NC district shall submit a complete, new application for a Master Signage Permit Designation to the Design Review CommitteeDevelopment Review Board, irrespective of the status of past approvals. The new Permit Designation shall not invalidate the provisions of any existing approval, exemption or agreement with respect to signage; rather, it is instead intended to clarify the approved parameters for signage subject to a Master Signage PermitDesignation. Upon approval of a new Master Signage PermitDesignation, permittees shall use the review and amendment procedures set forth in this Section. (G) In the Dorset Street/City Center Sign District, no permit shall be issued for an individual sign requiring a permit unless and until a Master Signage Permit Designation for the Lot on which the sign(s) will be erected has been approved as conforming with the provisions of this Ordinance. In the case of a planned unit development (PUD), a Master Signage Permit Designation shall be required for the entire PUD. An owner of a multi-tenant building or multi-building commercial property located anywhere outside the Dorset Street/City Center Sign District, and a sponsor of a project involving Interpretive Signage or Wayfinding, also may apply for a Master Signage Permit Designation as provided herein. SIGN ORDINANCE 15 City of South Burlington Ordinance DRAFT 2024-04-01 (H) For any Lot on which the owner proposes to Erect one or more signs requiring a permit, the owner shall submit an application for a new or amended Master Signage Permit Designation containing the following information: (2) An accurate plot plan of the Lot, at such scale as the Code Officer may reasonably require; (3) Location of buildings, parking Lots, driveways and landscaped areas on such Lot; (4) Computation of the maximum area, number and height of signs, by sign type (i.e., free-standing, Wall, etc.) allowed on the property under this Ordinance, and computation of the area and height of each sign proposed for the property; (5) The location, size, date of installation, and status of all non-complying signs on the property, if applicable. (6) The design parameters for the Master Signage PermitDesignation, in accordance with (Dd) below, including overall parameters and the design and location of any proposed individual signs. (7) The location and specifications of all proposed light fixtures and lighting elements, including cut sheets if applicable. (8) A proposed general design for any Incidental and directional signs on the property, other than those with designs prescribed by law. (I) Design. (1) The initial application for a Master Signage Permit shall establish a consistent set of parameters for the shapes, materials, foreground and background color schemes, typefaces, sizes, installations and sign types to be utilized for a property and shall include color illustrations thereof. (2) Applicants are strongly encouraged to specify parameters that will lead over time to creating a strong consistency of shape, foreground and background color scheme, typeface, size, and installation in order to ensure that all signage on a property is in accordance with the goals of the Dorset Street/City Center Sign District. (3) All Master Signage Permit applications shall specify how one or more of these graphic elements will be used to relate all of the signs to each other visually. (4) Applicants may request a review and approval of a range of potential sizes for individual signs, so that an application for an individual sign of approved materials, color and design that is within an approved size range will require only approval of the Code Officer. (J) Other Provisions of Master Signage PermitsDesignations. (1) The property owner of record shall be the principal permittee for a Master Signage Permit. (2) The Master Signage Permit may contain such other restrictions as the owners of the Lots may reasonably determine. These provisions, upon granting of a sign permit to the applicant, become incorporated into the permit and are applicable for the duration of the permit. SIGN ORDINANCE 16 City of South Burlington Ordinance DRAFT 2024-04-01 (K) Review and Approvals. (1) The Design Review Committee shall review the initial application for a Master Signage Permit, or for an amendment of a Master Signage Permit. Such application must be made and signed by the property owner. Upon a recommendation for approval by the Design Review Committee, the Development Review Board shall review and act upon the application for an initial Master Signage Permit or amendment thereof. (2) Subsequent applications for individual sign permits pursuant to a Master Signage Permit may be made by tenants, with a property owner signature required for applications. Such applications made pursuant to a valid Master Signage Permit shall not require review by the Design Review Committee. The Code Officer shall review each application for its consistency with the approved design and dimensional parameters in the Master Signage Permit, and for consistency with the applicable dimensional and administrative standards in this Ordinance. Copies of the Code Officer's permit or denial shall be sent to the property owner and to the applicant, and shall become part of the Master Signage Permit. (L) Amendment. Amendment of a Master Signage PermitDesignation, as opposed to approval of signs by the DRC and Code Officer subject to an existing, effective Master Signage Permit, shall require approval by the Design Review Committee and Development Review Board in the same manner as for a new Master Signage Permit. (M) Existing Non-Conforming Signs on Properties Subject to Master Signage PermitsDesignation (1) The non-conforming status of other signs on the same property or subject to the same Master Signage Permit shall not prevent individual tenants from making applications for individual sign permits in accordance with a valid Master Signage Permit. (2) Alteration of Non-Conforming Signs. Where there is any change to a non-conforming sign, a permit must be obtained from the Design Review Committee and Code Officer. To gain approval the sign must be brought into full compliance with the provisions of the Master Signage Permit for the property on which it is located and all other applicable provisions of this Ordinance. Routine maintenance of non-complying signs may be done provided there is no change at all to the color, shape, size, lighting, materials, or any other design or physical feature of the sign. (N)(D) Binding Effect. An approved Master Signage DesignationPermit shall be binding upon and run with the land. No sign shall be erected, placed, painted or maintained except in conformance with such Permit, and such Permit may be enforced in the same way as any provision of this Ordinance. In case of any conflict between the provisions of such Permit and any other provisions of this Ordinance, the Ordinance shall control. SECTION 98. Free-Standing Signs Free-standing signs are permitted only in accordance with the following provisions:. (A) All free-standing signs and the premises surrounding same shall be maintained by the owner thereof in a clean, sanitary and inoffensive condition, and free and clear of all obnoxious substances, rubbish and weeds. Free-standing signs shall be so designed as to be self-supporting without the need for guy wires, cables, chains, lines, or other similar ancillary supports. SIGN ORDINANCE 17 City of South Burlington Ordinance DRAFT 2024-04-01 (B) Number of Signs Per Lot. The maximum number of free-standing signs on a Llot shall be as follows: (1) Except as provided in Section 23(e) hereof and below, there shall not be more than one free- standing sign for each separate Llot, regardless of how many businesses or commercial entities are located on such Llot. (2) Lots on which the Development Review Board has granted approval for the development of the property with two (2) or more separate entrances to a public road have been approved under the City’s Land Development Regulations shall be entitled to additional free-standing signs where: (1) each entrance is separated from anyeach other entrance by a distance in excess of greater than three hundred (300) feet, as measured from center line to center line between the two entrances; and (2) the number of proposed free-standing signs for the property does not exceed the number of public road entrances that meet the standards set forth above; and (3) the proposed free-standing signs are located within twenty-five (25) feet of the approved entrances. (C) Lots on which a community garden is operated and maintained as an accessory use to a principal permitted use may have one (1) additional free-standing sign of no more than twenty-four (24) square feet, so long as such sign clearly advertises the community garden project and does not constitute an additional sign for the principal permitted use. Such sign may be displayed from May 1 through November 30 and shall require a sign permit. (D)(C) Sign Location. No part of a free-standing sign shall be placed in such manner as to visually obstruct traffic. (1) No part of a free-standing sign which is forty (40) square feet or less in size shall be placed closer than five (5) feet tofrom any property line, subject to the following: (1) Public sidewalk or recreation path exists in public right-of-way: (i) Where the outer edge of the public right-of-way is less than five (5) feet from the outer edge of the public sidewalk or recreation path, no part of a free-standing sign shall be placed closer than five (5) feet from the outer edge of the public sidewalk or recreation path. In no case shall a free- standing sign be placed closer than one (1) foot from the public right-of-way. (see illustration 9-1) (ii) Where the outer edge of the public right-of-way is five (5) feet or more from the outer edge of the public sidewalk or recreation path, no part of a free-standing sign shall be placed closer than one (1) foot from the right-of-way. (see illustration 9-2) (2) No public sidewalk or recreation path exists in public right-of-way: (i) Where the outer edge of the public right-of-way is less than eleven (11) feet from the outer edge of the Traveled Way, no part of a freestanding sign shall be placed closer than five (5) feet from the right-of-way. (see illustration 9-3) SIGN ORDINANCE 18 City of South Burlington Ordinance DRAFT 2024-04-01 (ii) Where the outer edge of the public right-of-way is eleven (11) feet or more, but less than fifteen (15) feet from the outer edge of the traveled way, no part of a free-standing sign shall be placed closer than sixteen (16) feet from the outer edge of the Traveled Way. (see illustration 9-4) (iii) Where the outer edge of the public right-of-way is fifteen (15) feet or more from the outer edge of the Traveled Way, no part of a free-standing sign shall be placed closer than one (1) foot from the right-of-way. (see illustration 9-5) (2) No part of a free-standing sign which is larger than forty (40) square feet in size shall be placed closer than twenty (20) feet to any property line. (2)(3) No free-standing sign shall be located within an area demarked as a designated Open SpaceCivic Space or Site Amenity on a plan approved under the Land Development Regulations. (E)(D) Area of a Free-standing Sign. (1) The area of a free-standing sign shall be the total area within the outer edge of the sign, excluding the supporting structure, provided the total area of the supporting structure is within the limits set forth in subsection (eF) below. Any area of a support structure that exceeds the limits set forth in subsection (fFe) below shall be counted as sign area (Illustrations 9-6 and 9-7). (2) A free-standing sign which is located on a lot of less than 40,000 square feet shall not exceed thirty- two (32) square feet in sign area. (3) Except as provided in this subsection, a free-standing sign which is located on a Lot of 40,000 square feet or more shall not exceed forty (40) square feet in sign area. A freestanding sign on a Lot of 40,000 square feet or more may be eligible for additional sign area in accordance with the following provisions. (a) A Lot which contains two hundred (200) or more feet of contiguous frontage on one public street and which contains 10,000 or more square feet of building area shall be eligible for additional sign area above the forty (40) square foot maximum established in (3) above. The amount of additional sign area shall be based on Lot frontage and/or building size as indicated in Table 9.1. In no case shall the maximum size of a free-standing sign area exceed eighty (80) square feet. (b) Approval of a sign under this section shall be subject to the requirement that the Lot on which the sign is located together with the building(s) thereon shall continue to meet the standards on which approval was granted. At the time of any alteration of Lot frontage or building size, the Code Officer shall re-determine the allowable sign area under regulations then in effect, and, if such regulations require a sign with reduced sign area, shall direct the property owner to install a sign meeting such reduced sign area requirements within three (3) months of such determination. (4) The maximum height of a free-standing sign shall be fifteen (15) feet, measured from the average finished grade at the base of the sign to the highest portion of any part of the sign structure. (5) For Lots which contain lawfully more than one (1) free-standing sign as provided in subsection (b) above and which qualify for a free-standing sign larger than forty (40) square feet as provided in (3) above, no more than one (1) free-standing sign on the Lot may exceed forty (40) square feet in size. SIGN ORDINANCE 19 City of South Burlington Ordinance DRAFT 2024-04-01 (6) No sign and/or support structure dimension shall exceed the other by more than five (5) times. In the Dorset Street/City Center Sign District, no dimension shall exceed the other by more than four (4) times. (7) In all districts, the depth of the sign and support structure shall not be visually disproportionate to the other dimensions of the sign. (8) Area calculations shall exclude planters, provided such planters are no more than three (3) feet tall, no more than two (2) times the width of the sign, have no advertising or logos attached, and are used for plants and landscaping. Any area of a planter that exceeds three (3) feet in height or two (2) times the width of the sign, and any planter that has advertising or logos attached, shall be counted as sign area. (F)(E) Free-standing Sign Support Structures. The area of a sign support structure shall not be included in calculating the area of a free-standing sign, subject to the following limitations and provisions: (1) Support structures shall not incorporate or include any attachments, lettering, logos, or graphics. Any support structure that includes attachments, lettering, logos, or graphics, shall be counted as part of sign area. (2) No support structure and no part of any support structure shall be internally illuminated. (3) For a free-standing sign with two (2) or more independent post supports, outside the width of the sign area, supports of up to one (1) foot wide each shall be exempt from calculation of the area of the support structure. If the sign and the support structure are less than six (6) feet in height at the highest point from the average finished grade, two supports up to two (2) feet wide each shall be exempt from calculation of the area of the support structure. (4) Notwithstanding the provisions of (23) above, for a free-standing sign and/or support structure with a combined height of up to ten (10) feet at the highest point from the average finished grade, the total area of the support structure may not exceed one hundred fifty percent (150%) of the area of the sign. If the support structure of such a sign extends more than one (1) foot past the edge of the sign, the total area of the support structure shall not exceed one hundred percent (100%) of the area of the sign (Illustration 9-8). (5) Notwithstanding the provisions of (23) above, for a free-standing sign and/or support structure with a combined height of more than ten (10) feet at the highest point from the average finished grade, the total area of the support structure shall not exceed one hundred percent (100%) of the area of the sign, and shall not extend more than one (1) foot horizontally in each direction beyond the horizontal edges of the sign (Illustration 9-8). SIGN ORDINANCE 20 City of South Burlington Ordinance DRAFT 2024-04-01 ditional Standards. All free-standing signs must meet the following additional standards: SIGN ORDINANCE 21 City of South Burlington Ordinance DRAFT 2024-04-01 (1) All free-standing signs are to be designed and constructed of suitable durable materials and erected and located in a manner which reinforces and respects the overall stated goals of this Ordinance. (2) All free-standing signs shall have a base condition that is landscaped in an aesthetically pleasing or appropriate manner with hardy plant materials and/or elements that will remain attractive throughout the year, or finished in such a manner, whether in groundcover, lawn or hard surfaces so as to be appropriate and maintained for the entire year in an attractive manner. Such landscaping may be planted in the ground at the base, or may be in planters, provided the planters are fixed to the ground or sign. Table 98.1 Free-Standing Signs - Additional Sign Area Criterion Additional Sign Area (In Square Feet) Frontage: 250' - < 300' 5 300' - < 350' 10 350' - < 400' 15 400' - < 450' 20 450' - < 500' 25 500' - < 550' 30 550' - < 600' 35 600' and more 40 Building Size (square feet): 25,000 - < 50,000 10 50,000 - < 75,000 20 75,000 - <100,000 30 100,000 and more 40 * Example - A 43,000 square foot building on a Lot with 325 feet of frontage would be entitled to a 60 square foot free-standing sign (40 square foot sign area allowance + 10 square foot frontage allowance + 10 square foot building size allowance = 60 square feet). * Example - A 76,000 square foot building on a Lot with 210 feet of frontage would be entitled to a 70 square foot free-standing sign (40 square foot sign area allowance + 0 square foot frontage allowance + 30 square foot building size allowance = 70 square feet). (3) Signs or emblems indicating membership in national or regional organizations, including credit card signs, or informing the public that gifts, trading stamps, or similar promotional items are available on the premises, shall not be separately fastened to the outer edge or support structure of the principal sign. Such features shall be displayed against the principal sign face. SIGN ORDINANCE 22 City of South Burlington Ordinance DRAFT 2024-04-01 (4)(3) Street names and numbers may be affixed to a free-standing sign or its support structure and shall be exempt from area calculations so long as the letters do not exceed three (3) inches in height and numbers do not exceed six (6) inches in height. Illustration 98-6 Area of a Free-Standing Sign SIGN ORDINANCE 23 City of South Burlington Ordinance DRAFT 2024-04-01 Illustration 98-7 Area of a Free-Standing Sign SIGN ORDINANCE 24 City of South Burlington Ordinance DRAFT 2024-04-01 Illustration 89-8 Base and Sign Area Ratios SIGN ORDINANCE 25 City of South Burlington Ordinance DRAFT 2024-04-01 (5)(4) Free-standing signs may not have changeable message areas unless required by the nature of the business or other approved land use itself, such as theaters, churches and other housesplaces of worship, public and independent educational facilities accredited by the State of Vermont for elementary, secondary and higher education, motels and hotels, conference facilities, and establishments deriving a majority of their income as venues for the performing arts, and subject to the discretion and approval of the Code Officer. Any such changeable message area may not exceed eighty percent (80%) of the allowable sign area, and the dimensions and location thereof must be specified when an application for a sign permit is made. (G)(F) Dorset Street/City Center Sign District. Free-standing signs along Dorset Street are to be located in a sign corridor that begins adjacent to the road R.O.W. and runs sixteen (16) feet from the edge of the Rright- of- wWay toward the building face. In those instances where dimensions do not provide for a two (2) foot setback from the Rright- of- wWay before a sign support post can be located, it is permitted to eErect a centered single pole mounted sign of which the road side edge of the sign is directly outside the R.O.W. line. Free-standing signs in the Dorset Street/City Center District may not exceed thirty-two (32) square feet in overall dimensions and may be no higher than twelve (12) feet, measured from the average finished grade at the base of the sign to the highest point of any part of the sign structure. (1) No new free-standing signs shall be permitted in the City Center Sign District except as explicitly provided for in Section 8(G)2. (2) Along the Dorset Street, Patchen Road, White Street, and Williston Road rights-of-way within the City Center Sign District, new sign structures shall only be located in a sign corridor that begins one (1) foot from the existing or planned road right-of-way and runs sixteen (16) feet from the edge of the right- of-way toward the building. Such free-standing signs shall not exceed thirty-two (32) square feet in overall dimensions and may be no higher than twelve (12) feet, measured from the average finished grade at the base of the sign to the highest point of any part of the sign structure, and are otherwise subject to all provisions of this Ordinance. (H)(G) Additional free-standing signs for permitted drive-through establishments. Lots with an automobile service use or a permitted drive-through facility, including car washes, banks, and drive-through retail and restaurant establishments, may have one (1) fFree-Sstanding menu board sign in addition to one (1) free- standing sign permitted in accordance with this Section. A menu board sign shall not exceed forty-eight (48) square feet in overall size, including cladding and support structure, and shall not exceed six (6) feet in height at any point. The text and graphics on the menu board shall not be legible from a public roadway. Landscaping or other suitable screening shall be used to screen the menu board generally from nearby public roadways, paths and sidewalks. (H) Multi-tenant buildings and multi-building complexes in the R7-NC zoning district. Notwithstanding provisions to the contrary elsewhere in this ordinance, a multi-tenant building or multi-building structure under common management and ownership which is located wholly or partially within the R7-NC zoning district, and which has more than one approved curb cut onto a public roadway, may have one (1) free-standing sign of up to forty (40) square feet and one (1) additional free-standing sign per additional approved curb cut onto a public roadway, with any such additional signs not exceeding twenty (20) square feet in area and twelve (12) feet in height. The sign area of the free-standing signs may be designed and used in whole or in part as a directory for the tenants or services contained within the building or complex. SIGN ORDINANCE 26 City of South Burlington Ordinance DRAFT 2024-04-01 SECTION 109. Wall Signs Wall signs shall be permitted only in accordance with the following provisions: (A) Number of Wall sSigns. The allowable number and area of Wwall signs shall be as set forth in Table 10-1 below. (B) Single-tenant buildings and single-building properties. Area of Wall signs. (1) Except as otherwise provided in this Ordinance, the total area of all Wwall signs shall not exceed five percent (5%) of the area of the Pprincipal public façade of the building or one hundred (100) square feet, whichever is smaller. (2) In no case shall any individual Wwall sign exceed fifteen percent (15%) of the area of the façade to which it is attached. (C) In the Dorset Street/City Center Sign District, Wwall signs may not project above the roof or parapet of a building nor below the top of any first floor doorway unless permitted through the design review approval process.. (D) It shall be unlawful for any person to Eerect, alter, maintain or relocate any Wwall sign that covers, wholly or partially, any Wwall opening or to eErect, alter, maintain or relocate any Wwall sign that projects beyond the ends or top of the Wwall to which it is attached. A Wwall opening is any opening exclusively provided for a Wwindow, door or removable panel. (E) Multi-tenant buildings and multi-building properties (1) Lots on which there is located commercial development consisting of two (2) or more distinct and separate businesses ("multi-tenant buildings" or "multi-building properties") shall be entitled to additional Wwall signs whose allowable area and number shall be in accordance with the formula set forth in Table 10- 1. (2) In a multi-tenant building, there shall be a maximum of two (2) Wwall signs per individual tenant. The maximum area of an individual Wwall sign shall be five percent (5%) of the individual tenant's storefront area, calculated as shown in Illustration 10-1, or one hundred (100) square feet, whichever is smaller. (3) Owners of multi-tenant buildings and multi-building properties located outside of the Dorset Street/City Center Sign District shall have the option to obtain a Master Signage Permit Designation from the Development Review Board, in accordance with Section 87 of this Ordinance. Once a Master Signage Permit Designation is obtained, all changes to signage for that property shall be reviewed in accordance with the provisions of Section 8 7of this Ordinance. Multi-tenant buildings for which there is a valid Master Signage Permit Designation may increase the maximum allowable area of all Wall signs and individual tenant signs as provided in Table 10-1. A property owner choosing this option may shall be responsible for allocatinge the allowable area of Wall signs among individual tenants in a manner which variesous from the maximum per tenant. Any such allocation shall be submitted as part of a Master Signage Permit application. SIGN ORDINANCE 27 City of South Burlington Ordinance DRAFT 2024-04-01 (F) Areas of wWalls within which paint, lighting or other treatments are used to highlight or enclose an area of Wwall on which cutout letters or other signs are installed shall be deemed to be part of the Wwall sign for all intents and purposes of this Ordinance, and shall be subject to all applicable provisions of this Ordinance. (G) A Wwall sign shall not project from the Wwall in excess of nine (9) inches, except for raceway signs. A raceway sign may project up to fifteen (15) inches from the Wwall to which it is attached (F) Any wall or other element of a building that is transluscent and lit in a manner that reinforces the brand of one or more tenants shall be deemed a sign. (G) A lot containing two structures devoted to separate and unrelated uses in existence prior to February 6, 1995 shall be subject to the following provisions: (1) If the Lot does not contain a free standing sign, each structure shall be entitled to Wall signs in accordance with subsections (a) and (b) above. (2) If the Lot contains a free standing sign which identifies the uses located in both structures, each structure shall be entitled to two Wall signs as authorized by subsections (a) and (c) above. SIGN ORDINANCE 28 City of South Burlington Ordinance DRAFT 2024-04-01 Table 109-1 Area of Wall Signs Type of building, signage and permit Basis for total area of all Wall signs Maximum area of an individual wall signMaximum percent of a building that can contain an individual sign Additional regulations for multi- tenant buildings and multi- building lots Single-tenant building with Free-Standing and/or landscape feature sign(s) 5% of Principal Public façade or 100 SF, whichever is smaller 15% of façade to which it is attached or 100 SF, whichever is smaller Up to 2 3 three (3) Wall signs per individual building Single-tenant building, NO Free-Standing or landscape feature sign(s) 10% of Principal Public façade 15% of façade to which it is attached or 100 SF, whichever is smaller Up to 23 Wall signs per individual building Multi-tenant building or multi-building lot, no master signage permit, with Free-Standing sign or landscape feature sign(s) No set limit; max. area determined by sum of allowable individual Wall signs for each tenant 15% of façade to which sign is attached, 5% of individual tenant storefront area, or 100 SF, whichever is smaller ● Up to 2 Wall signs per tenant ● Signs may be attached to one or two building facades ● See calculation of storefront area, Illustration 10-1 Multi-tenant building or multi-building lot, no master signage permit, NO Free-Standing or landscape feature sign(s) Total area per building based on individual tenant signage 15% of façade to which sign is attached, 5% of individual tenant storefront area, or 100 SF, whichever is smaller ● Up to 2 signs per tenant ● Signs may be attached to one or two building facades ● See calculation of storefront area, Illustration 10-1 Multi-tenant building or multi-building lot with a master signage permit in any district, including Dorset Street/City Center Sign District, with Free-Standing or landscape feature sign(s) 10% of Principal Public façade of each building 15% of façade to which it is attached or 100 SF, whichever is smaller ● Up to 2 signs per tenant; ● Signs may be attached to as many façades as have an actively used public entrance ● Property owner must may divide up signage area among tenants Multi-tenant building or multi-building lot with a 15% of Principal Public façade of each building 15% of façade to which it is attached or ● Up to 2 3 signs per tenant SIGN ORDINANCE 29 City of South Burlington Ordinance DRAFT 2024-04-01 master signage permit in any district, including Dorset Street/City Center Sign District, NO Free-Standing or landscape feature sign(s) 100 SF, whichever is smaller ● Signs may be attached to as many facades as have an actively used public entrance ● Property owner must divide up signage area among tenants Illustration 109-1: Example of the Calculation of Storefront Area. (1) Areas not perpendicular to the ground are NOT included in the storefront area. (2) Projecting areas perpendicular to the ground ARE included in the storefront area. (3) Storefront area (shaded) = [(1/2)(w) x (h)] + [(w1) x (h1)] Projecting overhang areas are included within the calculation of storefront area; signage may be attached to these areas (1) (2)(2) hh w w1 h1 SIGN ORDINANCE 30 City of South Burlington Ordinance DRAFT 2024-04-01 (3) (4) If the Lot contains a free standing sign that only identifies the use or uses located in one structure, the structure containing the use or uses identified on the free standing sign shall be entitled to free standing signs as authorized by subparagraphsubsections (a) and (c) above, and the structure containing uses not identified on the free standing sign shall be entitled to no more than three (3) Wall signs with a total area not exceeding ten percent (10%) of the area of the Principal Public façade of the structure. No Wall sign shall exceed five percent (5%) of the total allowable sign area and no more than one (1) Wall sign shall be placed on any one (1) façade of the structure. SECTION 110. Directory and Entryway Signs (A) Directory and Entryway Signs Allowed. In instances where it is desirable to list multiple stores or offices within one complex, or to identify a publicly-used entrance to a shopping center under single management, one (1) additional directory sign of no more than eight (8) square feet in total area may be attached to a Wwall or to the face of a fFree-Sstanding Ssign, within the perimeter of the sign, in a suitable location to allow visitors, once within the property, to receive direction to a particular location. (A) One (1) entryway sign identifying the a shopping center may be affixed to the Wwall at each publicly- used entrance. These directory and entryway signs are not to compete with any advertising or informational signs designed to be visible from the Ttraveled Wway. (B) In multi-tenant buildings or multi-building structures under common management and ownership located wholly or partially within the R7-NC zoning district, and with more than one approved curb cut onto a public roadway, one (1) entryway sign may be affixed to the Wall at each entrance identifying the offices or businesses accessible through the entry, or identifying the entryway as "staff only," restricted, or such other directional guidance as is necessary for the appropriate function of the complex. Such signs shall not exceed three (3) square feet in size. In addition, one (1) Free-Standing directory sign of up to fifteen (15) square feet OR one (1) Wall directory sign of up to twenty (20) square feet may be erected at each active publicly-used entryway. For any such Wall signs, the provisions of Section 11(c) below shall apply. (C) Directory and eEntryway sSigns aAttached to wWalls. The area of a directory or entryway sign affixed to a wWall shall be included in the calculation of the total allowable area of wWall signs for the building or property to which it is affixed, but shall not count against the total number of wWall signs allowed for the building to which it is affixed. (D) Directory Signs Attached to Free-Standing Signs. Directory signs attached to the face of a free-standing sign within the perimeter of the sign area shall not be counted as additional sign area. SECTION 121. Incidental and Directional Signs (A) Incidental Signs. (1) Incidental signs shall generally be exempt from the provisions of this Ordinance, in accordance with Section 22. SIGN ORDINANCE 31 City of South Burlington Ordinance DRAFT 2024-04-01 (1)(2) Incidental signs may use a typestyle and/or color consistent with the signage of the business or tenant to which they are related, but shall not otherwise advertise or draw attention to the business or tenant. (2)(3) The use of logos or trademarks on incidental signs shall be prohibited. (3)(4) Incidental signs shall not exceed four (4) square feet each. (4)(5) Incidental signs attached to the facades of buildings are limited to one (1) sign per service bay or entry door indicating entry, exit, or other similar service or identification. Such incidental signs shall not count towards the maximum total number of Wwall signs allowable for the building to which they are attached, but shall count towards the maximum total area of Wall signs allowable for the building to which they are attached. (5)(6) The number, placement and size of incidental signs shall not be, in the determination of the Code Officer, excessive. Such a determination shall include a consideration of factors such as, but not limited to, the nature of the business or operation involved, clarity in providing instructions for use of the facility, safety for the volume of of pedestrian and vehicular traffic to be directed, and the configuration of the buildings and improvements on the site. (B) Directional Signs. (1) Directional signs shall generally be exempt from the provisions of this Ordinance, in accordance with Section 232. (2) Directional signs may include the name or logo of the business to which they are related. Applicants are encouraged to use a logo, typestyle and/or color consistent with the signage of the business or tenant to which they are related. (3) Directional signs shall not be considered additional Wwall or free-standing signs. (4) Directional signs shall be sufficient to direct traffic safely, and shall not, in the determination of the Code Officer, be excessive. Such a determination shall include a consideration of factors such as, but not limited to, clarity in providing instructions for use of the facility, safety of pedestrian and vehicular traffic to be directed, the configuration of the buildings and improvements on the site. the nature of the business or operation involved, the volume of traffic to be directed, and the configuration of the buildings and improvements on the site. (4)(5) Lettering on a directional sign shall not exceed six (6) inches in height. (5)(6) Number and size of directional signs: (1) For properties of less than ten (10) acres in size, the number, and placement and size of directional signs shall not exceed one (1) per curb cut or driveway entrance to a property or a maximum of three (3), whichever is less. No such directional sign shall exceed three (3) square feet in area. No such directional sign shall have its upper-most point more than be more than five (5) feet in heightabove the post-construction grade. SIGN ORDINANCE 32 City of South Burlington Ordinance DRAFT 2024-04-01 (2) For properties ten (10) acres or more in size, the number of directional signs shall not exceed one (1) per two (2) acres of property area, to a maximum of eight (8) directional signs. Not more than one (1) directional sign shall be placed within twenty-five (25) feet of each curb-cut or driveway entrance. No directional sign shall exceed ten (10) square feet in size, and no more than half (rounded up) of the maximum allowable number of directional signs shall exceed three (3) square feet in size. No directional sign less than or equal to three (3) square feet in size shall be more than five (5) feet in height, and no directional sign larger than three (3) square feet in size shall be more than ten (10) feet in height. (6)(7) No directional sign shall be placed closer than five (5) feet from a property line. No directional sign that is greater than three (3) square feet in size shall be located closer than fifty (50) feet from a property line. SECTION 132. Signs in Residential AreasZoning Districts (A) Non-residential uses in residential zoning districts. There shall be no signs in a residential district (as so classified under the South Burlington Land Development Regulations as presently in force or hereafter adopted and amended from time to time), except that one (1) sign may be erected and maintained for a lLot on which a valid non-residential use exists under South Burlington Land Development Regulations, provided that the sign does not exceed twenty (20) square feet, or thirty (30) square feet when located on a Lot having frontage on Airport Drive, or forty (40) square feet when located on a Lot of at least two (2) acres having frontage on Dorset Street or Hinesburg Road within the Southeast Quadrant Zoning District. (B) Multi-tenant or multi-building complexes located partially within the R7-NC zoning district. For purposes of this Ordinance only and notwithstanding Section subsection 13(aA) above, multi-tenant buildings or multi- building structures under common management and ownership which are located wholly or partially within the R7-NC zoning district, and which have more than one approved curb cut onto a public roadway, shall be considered to be in a non-residential zoning district irrespective of the zoning of the portion of the property lying outside the R7-NC zoning district. (C) Educational facilities in the Residential 4 and SEQresidential zoning districts. Notwithstanding Section subsection 13(aA) above, a public or private educational facility accredited by the State of Vermont to provide elementary or secondary education may erect and maintain one (1) freestanding sign of with a sign area of up to thirty-two (32) square feet, which may include a changeable message area consistent with the provisions of Section 98(g)(5) above. (D) Home Occupations. Notwithstanding any provision herein to the contrary, a sign identifying a home occupation as defined by the South Burlington Land Development Regulations as presently in force or amended from time to time in a residential district shall not exceed two (2) square feet. (E) Bed and Breakfast Establishments. Notwithstanding any provision herein to the contrary, a sign identifying a bed and breakfast as defined by the South Burlington Land Development Regulations as presently in force or amended from time to time in a residential district shall not exceed four (4) square feet when located on a Lot fronting on a street or road having a maximum posted speed limit of 25 miles per hour or less, or eight (8) SIGN ORDINANCE 33 City of South Burlington Ordinance DRAFT 2024-04-01 square feet when located on a Lot fronting on a street or road where the maximum posted speed limit is in excess of 25 miles per hour. (F)(E) Signs Identifying Residential Complexes. Notwithstanding any provisions herein to the contrary, one (1) identification sign not exceeding twenty (20) square feet for purposes of identifying a single residential complex is permitted in a residential district. (G) Signs Identifying Dental or Medical Clinics. Notwithstanding any provisions herein to the contrary, one (1) identification sign not exceeding twenty (20) square feet for purposes of identifying a dental or medical clinic is permitted in a residential district. SECTION 143. Landscape Feature Signs (A) In all districts in the City, a landscape feature sign may be utilized in place of a free standing sign on any Lot eligible for a free-standing sign. On Lots eligible for multiple free-standing signs, multiple landscape feature signs may be allowed in accordance with the regulations for multiple free standing signs. (B) A landscape feature to which a sign is proposed to be attached must be approved by the South Burlington Development Review Board (DRB) Code Officer as part of its issuance of a permit for the Lot on which the sign is proposed. Upon approval by the DRB of athe landscape feature, the Code Officer may issue a sign permit for the use of the Landscape Feature as a sign in accordance with the dimensional and administrative requirements of this Ordinance. (C) Location. No sign may be attached to a landscape feature that is closer than five (5) feet to any property line at any point. No sign larger than 40 square feet may be attached to a landscape feature that is closer than 20 feet to any property line at any point. (D) A landscape feature sign shall consist of either individual Ccut-Oout Letters and/or a cut-out logo, or an inset sign, either of which shall be permanently attached to or set into an approved landscape feature. (E) The individual Ccut-Oout lLetters and/or logo, or the inset sign, shall not project above the top of the landscape feature at any point. (F) The total area of the Ccut-Oout lLetters and/or logo, or the inset sign, may not exceed the maximum area of a free-standing sign (excluding any support structure) that would be allowable for the same Lot. (G) No landscape feature to which a sign is attached may exceed six (6) feet in height from finished grade at any point, or four (4) feet in average height, from the finished grade at the base of the landscape feature. The Development Review Board may allow up to aA maximum of seven (7) feet in height from finished grade and up to a maximum of five (5) feet in average height from the finished grade around the base of the landscape feature may be allowed, upon a finding that the sign as proposed: (1) Will not appear unduly bulky or massive from any public street, sidewalk, public land or traveled way, (2) Will not present a hazard to traffic or pedestrian safety; and (3) Will be in keeping with the scale and character of other landscaping on the same and adjacent lots. SIGN ORDINANCE 34 City of South Burlington Ordinance DRAFT 2024-04-01 (H) A border area without any attached or inset signage must be maintained for a minimum of six (6) inches in all directions from the outside edge of the Ccut-Oout lLetters and/or logo or the inset placard sign. The border area shall be at least sixty percent (60%) of the total area of the landscape feature. (I) The visual impact of maintenance panels should be minimized. (J) Backlighted Lletters and/or cut out logos shall be permitted, provided the installation is consistent with Section ____ of this Ordinance. Shielded exterior spotlighting shall be permitted, with the beam spread not to exceed the area of the cut out letters and/or logo or inset sign. SECTION 154. Airport Signage (A) Airfield and Air National Guard Signage. Except as provided in (3) below, all signage on the airfield of Burlington International Airport or property owned by the Vermont Air National Guard that is installed pursuant to Federal Aviation Administration (FAA) or United States Department of Defense (DOD) requirements, as applicable, shall be exempt from the provisions of this Ordinance. (B) Other Necessary Signage. Except as provided in (3) below, all other signage on Burlington International Airport and Vermont Air National Guard property necessary to safe and efficient operation of the Airport or National Guard premises shall be determined by the Airport or Vermont Air National Guard pursuant to FAA or DOD recommended standards, as applicable, and shall be exempt from the provisions of this Ordinance. (C) Signs on Airport Property within 20' of Road Rights-of-Way. Signs on Burlington International Airport property to be located within twenty feet (20') of the edge of the right-of-way of a public road adjacent to the Airport shall be subject to the provisions of this Ordinance and shall require a sign permit. SECTION 165. Perpendicular Signs Perpendicular signs will be permitted subject to the following conditions: (a) Where property dimensions create circumstances that do not allow for a free standing sign, a perpendicular building mounted sign or signs may be permitted. (b) Any perpendicular sign to be installed must be determined to be properly mounted on the building from which it is hung in a safe and appropriate fashion relative to the architecture of the building. (c) A perpendicular sign may not extend above the top of the building wall or parapet to which it is attached. (d) A perpendicular sign may extend no more than three (3) feet from the outside edge of the wall to which it is attached, and may have a vertical dimension of no more than ten (10) feet The maximum area of the sign face of a perpendicular sign shall be thirty (30) square feet. (e) All signs of this type must be designed properly so as to be structurally correct and safe for pedestrians, traffic and other activities which occur in the vicinity. SIGN ORDINANCE 35 City of South Burlington Ordinance DRAFT 2024-04-01 (f) Perpendicular signs are subject to the approval of the Code Officer who may seek the review of an architect, sign and/or engineering expert consultant to assist in his or her determination. All associated costs for this consultant review are to be borne by the applicant. Perpendicular signs are permitted subject to the following conditions: (A) A property shall be permitted either to install perpendicular sign(s) pursuant to this section OR free- standing sign(s) pursuant to Section 8, but in no case shall both be permitted. (B) Any perpendicular sign to be installed must be structurally sound and safe for pedestrians, traffic and other activities. (C) Any proposed encroachment into or over the public right-of-way must provide to the Code Officer written approval from the Department of Public Works of such encroachment prior to issuance of a permit. (D) A perpendicular sign may not extend above the top of the building wall or parapet to which it is attached. (E) A perpendicular sign may extend no more than three (3) feet from the outside edge of the wall to which it is attached. (F) A perpendicular sign shall have its lowest point no less than eight (8) feet above the ground level. (G) Number and area of perpendicular signs. A property may elect to have either: (1) One (1) perpendicular sign for the building, with an area not to exceed twenty-one (21) square feet OR (2) One (1) perpendicular sign per first-floor tenant with a direct entryway, with an area not to exceed five (5) square feet and located on the tenant’s storefront. (H) Parallel and Attached Faces: Signs having two (2) parallel and attached faces shall be considered as one sign, and the area shall be computed for one side only. (I) A perpendicular sign shall not be internally illuminated. aSECTION 176. Real Estate and Construction Project Signs (A) Real estate signs. Signs advertising to the public that the property on which the same sign is displayed is available for sale, rent or lease shall not require a sign permit, but shall not be illuminated and shall be subject to the limitations in this Section. (1) In non-residential zoning districts, each Llot shall be entitled to one (1) such freestanding sign not to exceed sixteen (16) square feet if located within twenty (20) feet of the edge of the right-of-way, or thirty- two (32) square feet if located more than twenty (20) feet from the edge of the right-of-way. (2) In residential zoning districts, each Lot shall be entitled to one (1) such free standing sign not to exceed six (6) square feet.16 SIGN ORDINANCE 36 City of South Burlington Ordinance DRAFT 2024-04-01 (B) Construction Project signs. Signs advertising that new construction, or an expansion, renovation or addition project (including painting, roofing, and siding) is taking place on the property on which the sign is displayed are subject to the provisions of this Section. (1) In non-residential zoning districts and in residential zoning districts where a multi-lot development involving ten (10) or more Lots is taking place, Construction Project signs shall be limited to one (1) sign per property or multi-lot development, not exceeding thirty-two (32) square feet in area and eight (8) feet in height and not illuminated. Such signs shall require a sign permit. (2) Except as provided above, in residential zoning districts up to two (2) Construction Project signs may be displayed simultaneously on a Lot. A single Construction Project sign shall not exceed six (6) square feet, or three (3) square feet each if two (2) such signs are displayed on a single Lot. Such signs shall not require a sign permit. (3) Construction Project signs in all districts shall remain only until completion of the project. Such signs remaining on a Lot after the project is completed shall be in violation of this Ordinance. (4) Additional signs required to meet safety regulations for construction projects shall be exempt from the provisions of this Ordinance, and shall not require a sign permit. (5) Except as specifically provided for residential zoning districts in (2) above, multiple Construction Project signs shall not be permitted and shall be subject to removal by the City. (C) Display of construction project and real estate signs on the same Lot. In all zoning districts, on Lots of 80,000 square feet or less, there shall be no more than two (2) real estate and/or Construction Project signs displayed simultaneously. On Lots in non-residential zoning districts exceeding 80,000 square feet, no more than three (3) real estate and/or construction Project signs may be displayed simultaneously. SECTION 187. Miscellaneous Types of Signs (A) Roof Signs - It shall be unlawful for any person to Eerect, alter, relocate or maintain a roof sign as defined in this Ordinance. Provided, however, that a sign may be erected on a parapet wall if such parapet is an integral part of and architecturally consistent with the entire building and is not erected principally to receive and enhance the visibility of the sign. Any such sign shall not extend above said parapet wall. (B) Banners and Pennants - It shall be unlawful for any person to Eerect, relocate, alter or maintain banners or pennants as defined in this Ordinance, except as permitted as an Event Sign. However, properly displayed governmental flags shall be permitted, but not in excess of three different flags per lot. In addition, a business may display one flag, not exceeding six (6) square feet on which is depicted its name, emblem or logo, except in the Dorset Street/City Center Sign District where such is prohibited. (C) Projecting Signs - It shall be unlawful for any person to Erect, alter, relocate or maintain any projecting Psign as defined in this Ordinance, except as specifically allowed in Section 1095. SIGN ORDINANCE 37 City of South Burlington Ordinance DRAFT 2024-04-01 (C) Inflatable or Wind Sign - It shall be unlawful to Eerect, alter, relocate or maintain any inflatable or wind sign as defined in this Ordinance. (D) Billboard Signs - It shall be unlawful for any person to Eerect, alter, maintain or relocate any billboard sSign as defined in this Ordinance, except as specifically allowed. (E) Animated Signs; Action Signs - It shall be unlawful for any person to Erect, maintain, alter or relocate any Animated Sign or Action Sign except as specifically exempted within Section 232 of this Ordinance. (F) Limited Access Facility - No sign may be erected if it is so located as to be primarily readable from a limited access facility as defined in Title 19 of the Vermont Statutes Annotated. (G) Temporary and Paper Signs - Except as otherwise expressly provided in Section 198 herein, signs of paper, cardboard or similar material or signs which are temporary or non-permanent are hereby prohibited. (H) Window Signs - Window signs including those which are temporary or permanent in nature are permitted provided the total sign area does not exceed twenty-five percent (25%) of the total wWindow area to which the sign(s) is attached. (1) Where a Window or Windows constitute fifty percent (50%) or more of the area of an individual building façade, the Code Officer shall have the authority to treat signs affixed to the wWindow or wWindows as wWall signs in keeping with Section 109 of this Ordinance. (2) A sign or signs painted on or affixed to the inside or outside of wWindows shall be counted against the area of Wall signs allowed for the building if the combined area of such a wWindow sign or signs exceeds twenty-five percent (25%) of the wWindow occupied. (I) Raceway Signs - Raceway signs, including cans, the metal structure and/or the box frame, must be made so that the raceway enclosure blends with the exterior Wall of the building to which it is attached. Raceway sSigns are subject to the provisions of Section 109 of this Ordinance (Wall signs). SECTION 198. Temporary Sidewalk and Event Signs (A) Temporary Sidewalk Sign. A business establishment or other entity with a direct exterior entrance shall be permitted to display one (1) sidewalk sign, subject to the following conditions: (1) Such sign shall require an annual permit issued by the Code Officer, which shall be valid from the date of issuance through December 31 of the calendar year during which it is issued; (2) Such sign may only be displayed during the hours of business of the entity being advertised; (3) Sign messages may be altered throughout the course of the permit, but shall not be an Animated Sign and shall not be a Reader Board or other sign with interchangeable plastic lettering; (4) Such signs shall be located within close proximity of a public operable entryway to the business being advertised. (5) A sidewalk sign shall not impede pedestrian or bicycle traffic. No sign may be placed in such a way as to reduce the continuous unobstructed width of a sidewalk or walkway to less than four (4) feet or obstruct SIGN ORDINANCE 38 City of South Burlington Ordinance DRAFT 2024-04-01 an entrance way or emergency exit. Such sign shall not obscure visibility for motorists, and shall not impede snow clearance or other maintenance work. (6) Signage may not be permanently affixed in any way, butway but may be affixed during daily use to prevent theft or being blown away. (7) Maximum Size. A sidewalk sign shall not exceed 12 square feet in area and shall not exceed 24” in width or 36” in height. This does not include the size of the base or frame, which shall not be larger than is necessary to hold the sign face in place. Signs shall not consume more than 36” in depth- whether by length or spread of base legs. Signage may be double faced. (8) Materials. Signage shall be constructed of weather resistant materials. Cardboard, paper, and particle board are not permitted. Signage shall be sturdy, meant to withstand light winds, but also portable and readily movable. (9) Lighting. Signage may not include any lighting or electronic components. (10) No materials such as flags, streamers, or balloons may be attached to sidewalk signs. (B) Temporary Event Sign. Unless prohibited elsewhere in this Ordinance, an individual lot, as defined with the City’s Land Development Regulations, or in the case of a Planned Unit Development approved by the Development Review Board, each lot contained within the Planned Unit Development shall be allowed one concurrent (1) event banner or sign in accordance with the following conditions: (1) Such sign shall require a Event Sign Permit issued by the Code Officer, which shall be valid for the dates specified on the approved permit. (2) Event banners and Ssigns shall be maintained for a maximum of fourteen (14) consecutive days once in every two (2) calendar month period, or seven (7) days once each calendar month. (3) Any such application shall be signed by the property owner. (4) Sign messages may be altered throughout the course of the permit, but shall not be an Animated Sign and shall not be a Reader Board or other sign with interchangeable plastic lettering; (5) Maximum Size. Event A-Frame Signs up to eight (8) feet in height and containing no more than thirty-two (32) square feet in area, and event Banners up to thirty-two (32) square feet in area are permitted., provided that such signs are located at least five feet from City right-of-way. (1)(6) Establishments located on parcels of two (2) acres or more with a principal permitted business as a hotel and conference center shall be exempt from the limitations in Section 18(B)(2) above; however, no individual event sign may be maintained for a period in excess of fourteen (14) consecutive days every two (2) calendar month period, or seven (7) days once each calendar month. Event signs in excess of those permitted in Section 18(B)(2) above shall be limited to advertising specific temporary or limited-duration functions taking place on the property, and shall not be permitted for general advertising of the principal hotel or conference center function. SIGN ORDINANCE 39 City of South Burlington Ordinance DRAFT 2024-04-01 Unless prohibited elsewhere in this Ordinance, a business establishment or other entity shall be allowed one (1) temporary sign in accordance with the following conditions: (2) No "Reader Boards" or similar such changeable wheeled signs are allowed. (3) Temporary "A-F frame" or "Ssandwich bBoard" signs up to eight (8) feet in height and containing no more than thirty-two (32) square feet in area, and banners up to thirty-two (32) square feet in area which are permanently affixed for the purpose of advertising the opening of a new retail establishment or a special sales event on the Lot where the signs are located, are permitted. (4) Temporary signs shall be maintained for a maximum of fourteen (14) consecutive days once in every two (2) calendar month period, or seven (7) days once each calendar month. (5) Temporary signs shall be maintained for a maximum of five (5) days in a calendar month provided the signs are displayed on the same day of the week for the entire month. (6) Applicants for a Temporary sign may choose either (c) or (d) above, but shall not change their permit within the duration of the permit. (7) Establishments located on parcels of two (2) acres or more with a principal permitted business as a hotel and conference center shall be exempt from the limitations in Sections 198(c-e) above; however, no individual Temporary sign may be maintained for a period in excess of fourteen (14) consecutive days every two (2) calendar month period, or seven (7) days once each calendar month. Temporary signs in excess of those permitted in Sections 19(c-e) above shall be limited to signs advertising specific temporary or limited- duration functions taking place on the property, and shall not be permitted for general advertising of the principal hotel or conference center function. (8) Notwithstanding Section 198(b) above, Temporary signs for non-residential uses in residential zoning districts shall be limited to a maximum of six (6) square feet in area, with the exception of Temporary signs for places of worship in any zoning district and valid non-residential uses on Lots of at least two (2) acres with frontage on Dorset Street or Hinesburg Road within the Southeast Quadrant Zoning District. SECTION 2019. General Sign Requirements The following requirements shall apply to all signs: (A) No Signs within Public Road Rights-of-Way - No permanent or Temporary sign, including but not limited to signs for real estate sales, product or service advertisement, and political advertisements, other than those required for governmental purposes, or otherwise explicitly provided for in this Ordinance, shall be located within a public road right-of-way. (B) Maintenance - All signs and other advertising structures, together with all their supports, braces, guys and anchors, shall be of substantial and sturdy construction, shall be kept in good repair, and shall be painted or cleaned as often as necessary to maintain a clean, neat, safe and orderly appearance. SIGN ORDINANCE 40 City of South Burlington Ordinance DRAFT 2024-04-01 (C) Wind Pressure and Dead Load Requirements - Any sign or advertising structure as defined in this Ordinance shall be designed and constructed to withstand wind pressures and receive dead loads as required by recognized engineering and construction practices in the City of South Burlington. (D) Obstruction to Doors, Windows or Fire Escapes - No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, wWindow or fire escape. No sign shall be attached to a stand pipe or fire escape. (E) Signs Not to Constitute Traffic Hazards - In order to secure and maintain reasonable traffic safety, it shall be unlawful for any person to eErect or maintain any sign containing reflective materials or any animated sign or action sign as defined in this Ordinance. No sign shall be erected or maintained in such a manner as to obstruction free and clear vision or so as to distract the attention of the driver of any vehicle by reason of the position, shape or color thereof. Pursuant to the foregoing, no sign shall be erected or maintained in such a manner as to be likely to interfere with, obstruct the view of, or be confused with, any authorized traffic sign, signal or device. Accordingly, no sign or other advertising structure shall make use of the words "Stop", "Go", "Look", "Slow", "Danger", or any other similar phrase, symbol, or character, or apply any color in such a manner as to interfere with, mislead, or confuse traffic. (F) Projecting Images - No person or establishment shall project light, lLogos or images into any area visible from a public sidewalk or right-of-way. (G) Design Standards for All Signs - Signs shall be designed and constructed in such manner and of such materials as to be consistent with the following design standards unless the applicant can establish to the satisfaction of the Code Officer, that any standards which are not met are inapplicable, unnecessary, or would create an extraordinary and unreasonable hardship: (1) No sign shall be located on a tree, or painted or drawn upon a rock, lawn, or the ground, excluding permitted landscape feature signs as provided herein. (2) All signs, and the standards and posts supporting them, shall be of substantial and sturdy construction. Break-away standards and posts are permitted if of substantial and study construction. (3) Signs shall not dominate the Lot on which they stand or the building to which they are attached, but shall be compatible with same. (4) Signs shall contain a minimum amount of lettering which shall be clearly visible to the public without being distracting to motorists. (H) No sign may be erected if it is so located as to be primarily readable from a limited access facility as defined in Title 19, V.S.A. (I) No display of pornographic or lewd signs shall be permitted. (J) No sign shall be affixed to a handrail or fence. (K) No sign shall be attached to a water supply tank, and no sign shall be painted on a water supply tank except for governmental or operational identifications or notices, which are to be as minimal in size as practicable. SIGN ORDINANCE 41 City of South Burlington Ordinance DRAFT 2024-04-01 (L) No sign shall be attached to a utility cabinet other than identification or required operational signs installed by the owner of the cabinet. No advertising signs shall be installed on any cabinet. (M) Off-premise signage shall not be permitted. (N) The use of parked or stationary motor vehicles to display Temporary signs, such as but not limited to stickers, Bbanners, drapes, and placards, for advertising purposes, shall be prohibited. For purposes of this sub- section such Temporary signs shall include but not be limited to those signs that would not remain affixed to the vehicle when the vehicle is moving, or that would constitute a hazard to safe operation of the vehicle, and other similar cases as determined by the Code Officer. SECTION 210. Lighting (A) Except as provided elsewhere in this Ordinance, indirect or interior lighting may be used to illuminate any sign provided that the source of light shall concentrate the illumination upon the area of the sign so as toand prevent glare upon the street or adjacent property. Except in the Dorset Street/City Center Sign District, fixtures should not be placed any nearer than five (5) feet to the property line. (B) It shall be unlawful for any person to Eerect, alter, maintain or relocate any sign employing the use of luminescent lights as defined in this Ordinance, except where such luminescent elements are shielded from direct view by a separate translucent material. (C) No sign of any kind shall be left illuminated after ten o'clock P.M. (10:00 PM) in any residential zoning district, and no sign of any kind shall be left illuminated after midnight in any nonresidential zoning district unless the premises are open for business after midnight, in which case, no sign of any kind shall be left illuminated after the premises are closed for business. Notwithstanding the above, a Wall sign may be left illuminated, if the Code Officer determines that it is necessary for the protection of the property from theft or vandalism, and such determination is made a part of the permit. (D) String lighting shall not be allowed except for a non-permanent, seasonal or charitable business with permit by Code Officer. (E) In the Dorset Street/City Center Sign District, iInternally illuminated signs shall utilize opaque backgrounds and translucent letters, lLogos and/or graphics, so as to iensure that the lettering, Logos and/or graphics are illuminated rather than the background. Translucent backgrounds utilizing dark colors may be used with white, clear or other light translucent letters, Logos and/or graphics, provided the Design Review Committee determines that the effect will be consistent with the intent of this provision. (F) The illumination of flags must conform to the provisions of the South Burlington Land Development Regulations regarding nighttime illumination of governmental flags. No other upward illumination of flags is permitted. (G) The use of integrated neon, LED and fiber optic lighting to illuminate signs shall be permitted provided the light source is covered with a clear, translucent or opaque material so that the light source is diffused and no glare is reflected. Exposed neon lighting shall not be permitted. SIGN ORDINANCE 42 City of South Burlington Ordinance DRAFT 2024-04-01 (H) Except as provided in (gG) above, fixtures shall not include bare bulbs, and fixtures shall not make bare bulbs or other direct light sources visible to persons viewing a sign. SECTION 221. Regulations for Establishments Selling Gasoline (A) Wall signs. For establishments selling gasoline, Wall signs may be attached to the principal building and, if applicable, to a structural canopy. There shall be no more than two (2) Wall signs on a principal building with the total area of all Wall signs on the principal building not to exceed fifteen percent (15%) of the Gross façade area of the principal building. (B) Structural Canopies. There shall be no more than four (4) advertising and/or brand identification signs attached to each structural canopy on each Lot, with no more than one (1) such sign attached to each face of a structural canopy and no individual sign to exceed fifteen (15) square feet. Internal illumination of structural canopies shall be permitted and shall not constitute a sign. (C) Signs necessary to operations. There shall be no limit on the total number of signs necessary for the operation of the establishment attached to a structural canopy and gasoline pumps, including such signs as "restrooms," "self service," or "air," provided no individual sign exceeds six (6) square feet. The foregoing not- withstanding, however, any such sign including the name and/or logo of the business to which it is attached, other than names or Logos integral to a gasoline pump, shall count as a Wall or structural canopy sign and shall be subject to the applicable provisions of this Section and Ordinance. (D) Free-standing signs. For establishments selling gasoline, there shall be no more than one free-standing sign per Lot. If a price sign is included as part of the free-standing sign, such establishments may add up to twelve (12) square feet to the free-standing sign allowance otherwise applicable to the Lot. Such price signs must be an integral part of the one (1) allowed free-standing sign. The permitted area of the base or support structure of the free-standing sign shall be based on the maximum area of the free-standing sign applicable to the Lot, excluding the additional twelve (12) square foot allowance for signs that include a price sign. (E) The total square footage of all signs on the Lot, including point-of-purchase signs on gasoline pumps but excluding signs identified in subsection (cC) above, shall not exceed one hundred (100) square feet. (F) The outdoor display of products for sale shall be prohibited, with the exception of vehicle tires, ice and/or propane. (G) Temporary signs outside the principal building shall be permitted as per Section 198 of this Ordinance. SECTION 232. Exemptions The provisions and regulations of this Ordinance shall not apply to official business directional signs and sign plazas as defined in and erected pursuant to Chapter 21 of Title 10, Vermont Statutes Annotated. The provisions and regulations of this Ordinance shall also not apply to the following signs, provided however, said signs shall be subject to the provisions of Sections 2019, 210 and 254. SIGN ORDINANCE 43 City of South Burlington Ordinance DRAFT 2024-04-01 (A) Memorial signs or tablets, names of buildings and date of erection when cut into any stone or masonry surface or when constructed of bronze or other incombustible materials and not exceeding six (6) square feet in total area. (B) One (1) residential "Name Place Sign" as defined in this Ordinance; (C) Traffic signs and legal notices; (D) Signs or billboards approved by the Code Officer that advertise the City of South Burlington, or any of its departments, or provide a community directory to the recreational and commercial facilities offered in the City; or advise the public of the location of facilities operated by the City or any of its departments; or that advertise the South Burlington School District. In no case, however, shall Animated Signs be approved except in accordance with the standards of Section 232(K), “signs for post-secondary institutions” (E) Directional Signs, consistent with the provisions of Section 112 above; provided however, that the Code Officer may order the removal of Directional Signs upon finding by him that some are unnecessary, not within the definition set out in Section 32, or are otherwise contrary to the provisions of this Ordinance; (F) Bona fide Christmas and holiday decorations displayed during the holiday’s celebratory period from November 15 through January 5; (G) "Warning", "Danger", "No Trespassing", or similar signs, in size and quantity as reasonably required to accomplish their intended purpose; (H) Signs for charitable or political purposes displayed on a Wall or Window. (I)(H) Signs attached to electronic scoreboards, provided the following are met: (1) The scoreboard upon which the sign is attached is located on City owned or leased land, (2) The sign advertises a business or organization that made a monetary contribution towards the scoreboard in question, (3) The sign includes the words "This scoreboard donated by" or similar words to that effect, (4) The maximum size of the sign shall not exceed twenty-one (21) square feet, (5) The area of the sign shall not exceed twenty-four percent (24%) of the area of the scoreboard and sign combined, (6) The maximum height of the sign shall be ten (10) feet, measured from the average finished grade at the base of the scoreboard to the highest point of any part of the sign, (7) The sign shall not be illuminated. (8) The sign shall be covered by an attractive, fitted panel so that it is not visible during the months of November through March, and (9) The sign shall require written approval from the City Manager, or his/her designee, prior to its erection or alteration. SIGN ORDINANCE 44 City of South Burlington Ordinance DRAFT 2024-04-01 (I) Multi-tenant buildings and multi-building complexes that display individual tenant signs within an approved free-standing sign. A multi-tenant building or multi-building structure under common management and ownership that has an approved free-standing sign used to display signs bearing the names of the tenant uses within the building or complex may remove and/or replace the tenant signs within the approved free- standing sign without obtaining a Permanent Sign permit, subject to the following conditions: (1) The individual tenant sign proposed to be installed must have the same sign dimensions, use the same background color, use the same font color, and use the same font size as the individual tenant sign that is proposed to be removed. (J) One- or two-sided free-standing signs for post secondary educational institutions which are used to provide information regarding on-campus activities that are open to the public. Such signs must be approved by the City Manager or the manager's designee, may not exceed fifty (50) square feet per side, must be at least fifteen (15) feet from the pavement of any public road, must not be located within any public right-of-way, and may not exceed ten (10) feet in height. Such signs may include an electronic message board Animated Sign not exceeding ten (10) square feet on each side of the sign, which may only be used between the hours of 7:00 A.M. and midnight. Information may be displayed on the message board on an intermittent basis, provided each display is at least five (5) minutes in duration. Each institution shall be limited to one (1) sign. (K) Signs reasonably necessary for the operation and use of the Green Mountain Transit Chittenden County Transportation Authority, its successors, and other public transit services. (L) Purely decorative murals, as defined in this Ordinance, that in the judgment of the Code Officer do not have the intent or visual effect of increasing the area of a sign. (M) All Wall and free-standing signs, including those attached to Windows and doors, that are necessary to ensure compliance with the Americans with Disabilities Act, provided such signs do not interfere with public safety. (N) Sculptures that do not involve a representation of or reference to a business, service or good shall not be construed to be signs and shall be exempt from the provisions of this Ordinance. Sculptures may be subject to the provisions of the South Burlington Land Development Regulations, as amended. (O) Vermont and Federal government markers of historical sites or places of interest and Vermont state tourism signs, provided such signs do not interfere with public safety. (P) One (1) help wanted sign of no more than four twelve (124) square feetmay be attached to permitted free-standing sign. (Q) Barber poles, in accordance with Vermont statutes. (R) Wayfinding and interpretive signage. Sponsors of activities requiring bona fide interpretive signage or Wayfinding signs, such as but not limited to signage for a natural area, natural resource demonstration project, educational initiative, or projects with a focus on historic, natural or cultural resources, may apply for a permit. Master Signage Permit pursuant to Section 87 of this Ordinance. The Design Review CommitteeThe Code Officer shall have the authority to determine the appropriate number, sizes, locations, designs and contents of such Wayfinding or interpretive signs to meet the objectives of the wayfinding or interpretive signage, but in no case SIGN ORDINANCE 45 City of South Burlington Ordinance DRAFT 2024-04-01 shall the size of any single Wayfinding or interpretive sign exceed twenty (20) square feet. The Design Review Committee shall have the authority to require supplemental plans or graphics, to require additional review by the Design Review Committee or Code Officer for changes or amendments to a Master Signage Permit, and to issuance of individual sign permits for certain signs approved within a Master Signage Permit. (S) Signs designated as "historic" by the Vermont Division for Historic Preservation (or its successor) or the National Register of Historic Places. Alternations to such signs shall only be permitted if the entire sign becomes compliant with these regulations or if the proposed alterations are approved as remaining "historic" by the above-named bodies. (T) Informational signs affixed to the principal face of a propane gas cage containing safety information, the manufacturer's name, the manufacturer's logo, and/or emergency contact information. Lettering, numbering, or Logos shall not exceed three (3) inches in height. (U) One (1) restaurant menu not exceeding two (2) square feet in size per restaurant, affixed to a Wall that is adjacent to a door that leads directly into such restaurant. No lettering or numbers shall exceed one (1) inch in height. No such menus shall be internally illuminated. Any other lighting shall be downcast directly onto the menu. (V) Up to two (2) signs affixed to an electric vehicle charging station not exceeding fifty (50) square inches per sign. (V) , up to twelve (12) square feet in size, direct exterior entry (W) Flags. The following types of flags are exempt from this Ordinance: (1) Properly displayed governmental flags of up to 24 square feet shall be permitted, but not in excess of three different flags per lot. (2) A business may display one flag of any type properly affixed to a building or permanent flagpole, not exceeding fifteen (15) square feet. SECTION 243. Non-Conforming Signs (A) Except as provided for in Section 24 (C), On or before JUNE 3, 2009, all non-conforming signs shall have been removed, lawfully replaced, or otherwise altered so as to comply with all applicable provisions of the South Burlington Sign Ordinance in effect as of that datewithin seven (7) years of adoption or amendment of this ordinance. (B) (B) An existing "conforming sign that was lawfully erected " shall become a non-conforming sign on the effective date of an amendment of this ordinance that establishes a standard or requirement with which the sign does not conform. A conforming sign shall be: (C) Any sign in existence on June 3, 2009, that on such date was in full compliance with all requirements of this ordinance as it was then constituted; or (D) Any sign first constructed after June 3, 2009, in strict compliance with a permit issued under this ordinance; or SIGN ORDINANCE 46 City of South Burlington Ordinance DRAFT 2024-04-01 (B) Any sign altered or relocated after June 3, 2009, in strict compliance with a permit issued under this ordinance. (E) Within five (5) years of the date a sign becomes non-conforming, it shall be removed or, following issuance of a permit, be altered or relocated to comply with this ordinance. (C) Exceptions. (1) Any approved landscape feature to which a sign was attached prior to the adoption of this Ordinance may continue indefinitely and may be normally maintained and repaired. (1) Any existing sign structure lawfully in existence prior to the adoption of this ordinance in the City Center Sign District, may be normally maintained or repaired. Any replacement of sign within the sign structure shall be in accordance with the standards of the District. (2) Existing internally illuminated signs lawfully in existence prior to the adoption of this ordinance are permitted to continue until such time as that sign is proposed to be altered or replaced through a new Permanent Sign permit. SECTION 254. Unsafe and Unlawful Signs If the Code Officer shall find that any sign is unsafe or insecure, or is a menace to the public, or has been constructed, erected or is being maintained in violation of the provisions of this Ordinance, he the Code Officer shall immediately give written notice to the owner thereof and shall have said written notice served by certified mail with return receipt requested. If the owner failsed to remove or alter the structure, so as to comply with the standards herein set forth, at the discretion of the Code Officer after receipt of such notices, said sign or structure may be required to be removed by the Code Officer at the expense of the owner of the sign and owner of the property upon which it is located, such expense of removal to be the joint and several liability of all such owners. The Code Officer may cause any sign which is an immediate peril to person or property, to be removed summarily and without notice. SECTION 265. Removal of Certain Signs Any sign now or hereafter existing which no longer identifies a bona fide use conducted, or a property sold, on the Lot on which it is located, or which is not maintained in a safe and appropriate condition, shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found on the Lot on which it is located within ten (10) days after written notification from the Cityode Officer, and upon failure to comply with such notice within the time specified in such order, the Code Officer is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the owner of the building, structure or Lot to which such sign is attached or is located. SIGN ORDINANCE 47 City of South Burlington Ordinance DRAFT 2024-04-01 SECTION 276. Revocation of Permits The Code Officer is hereby authorized and empowered to revoke any permit issued by him upon failure of the permittee to comply with any provisions of this Ordinance. SECTION 287. Renewal of Permits Upon the expiration of any permits under this Ordinance, the sign for which the permit was issued shall be removed immediately unless the holder thereof applies for a renewal permit upon payment of the fee set out at Section 54 hereof and upon the filing of a renewal application on forms furnished by the Code Officer. Such forms shall include such questions as are reasonably required to enable the Code Officer to decide whether the renewal permit should be issued in accordance with this Ordinance. The Code Officer shall act within the number of days, and in the manner set out at Section 76. Provided, further, that no permit shall be issued to any applicant if the sign or sign owner is not in compliance with the provisions of this Ordinance, as then amended, except as provided for Master Signage Permits in Section 87. SECTION 298. Appeals Any person aggrieved by any action of the Code Officer or Design Review Committee may appeal such action, or refusal to act, to the South Burlington Development Review Board. Such appeal shall be filedlodged with the City Clerk within fifteen (15) days of the Code Officer's or Design Review Committee's action or refusal to act, and shall be accompanied by an appeal fee in accordance with the schedule provided under Section 54 of this Ordinance. The fee for such appeal shall be the same as for appeals of actions of the Administrative Officer to the Development Review Board pursuant to the South Burlington Land Development Regulations. The hearing shall be held at the time and place set by the Chairman of the Development Review Board but no sooner than seven (7) days, nor later than twenty (20) days, after public notice of such hearing has appeared in a newspaper having general circulation in the City. The Development Review Board may make such order or take such action, including the issuance of a permit or the revocation of same as is consistent with this Ordinance. Provided, however, in deciding such appeals, the Development Review Board may not grant variances, exemption, extra- ordinary relief or otherwise alter, amend, enlarge or modify the provisions of the Ordinance, it being the intent of this section to merely provide for appeals from the decisions of the Code Officer or Design Review Committee, and not to provide for variances or exceptions hereto. The Development Review Board may adopt rules governing the conduct of such hearings, and if such rules are adopted it shall cause a copy thereof to be furnished to each applicant at the time that the appeal is taken. SECTION 3029. Enforcement and Penalties Any person who violates a provision of this civil ordinance shall be subject to a civil penalty of up to $500 $800 per day for each day that such violation continues. The AdministrativeCode Officer or Assistant Administrative Officer of the City of South Burlington shall be authorized to act as the Iissuing Mmunicipal Oofficials to issue and pursue before the Judicial Bureau a municipal complaint. The Code Administrative Officer or Assistant Administrative Officer shall issue a written warning for a violation of this Ordinance before issuing a municipal complaint for a first offense of this Ordinance in any calendar year. SIGN ORDINANCE 48 City of South Burlington Ordinance DRAFT 2024-04-01 SECTION 30. Civil Penalty; Waiver Fee (A) An issuing municipal official is authorized to recover civil penalties in the following amounts for each violation: First offense $160 Second offense $320 Third offense $480 Fourth offense $640 Fifth and subsequent offenses $800 (B) An issuing municipal official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amounts, for any person who declines to contest a municipal complaint and pays the waiver fee: First offense $100 Second offense $250 Third offense $400 Fourth offense $550 Fifth and subsequent offenses $700 (A) Waiver Fee An Issuing Municipal Official is authorized to recover a waiver fee, in lieu of a civil penalty, in the following amount, for any person who declines to contest a municipal complaint and pay the waiver fee: First offense - $25 $50 Second offense - $50 $75 Third offense - $75 $100 Fourth offense - $100 $125 Fifth offense - $125 $150 SIGN ORDINANCE 49 City of South Burlington Ordinance DRAFT 2024-04-01 Sixth offense - $150 $175 Seventh offense - $175 $200 Eight offense - $200 $250 Ninth offense - $275 $350 Tenth offense - $350 $450 Each subsequent offense $550 Offenses shall be counted on a calendar year basis. (B) Civil Penalties. An Issuing Municipal Official is authorized to recover civil penalties in the following amounts for each violation: First offense - $50 $100 Second offense - $100 $150 Third offense - $150 $200 Fourth offense - $200 $250 Fifth offense - $250 $300 Sixth offense - $300 $350 Seventh offense - $350 $400 Eight offense - $400 $500 Ninth offense - $450 $600 Tenth offense - $500 $700 Each subsequent offense - $800 Offenses shall be counted on a calendar year basis. SECTION 31. OTHER RELIEF Other Relief. In addition to the enforcement procedures available before the Judicial Bureau, the City Manager is authorized to commence a civil action to obtain injunctive and other appropriate relief, to request revocation of a license by the City Council or to pursue any other remedy authorized by law. State law reference—Judicial bureau, 4 V.S.A. § 1102 et seq.; complaint signed by the issuing municipal official for civil ordinance violation, 24 V.S.A. § 1977. SECTION 312. Conformity with State Law Anything herein to the contrary notwithstanding, this Ordinance shall in no way be construed to permit the erection or maintenance of any sign contrary to the laws of Vermont, now in existence or hereafter enacted. SIGN ORDINANCE 50 City of South Burlington Ordinance DRAFT 2024-04-01 SECTION 3323. Severability If any portion of this Ordinance is held to be invalid by a court of competent jurisdiction, such finding shall not invalidate any other part of this Ordinance. Any part or provision of this Ordinance shall be considered severable and, if any provision of this Ordinance or the application thereto to any person or circumstance is held invalid, such invalidity shall not effect other provisions or applications of the Ordinance which can be given effect without the invalid provisions of application, and to this end the provisions of this Ordinance are declared severable. SECTION 33. Repeal of Zoning Provisions Adoption of this Ordinance shall be deemed to repeal such portions of the South Burlington Zoning Ordinance adopted June 25, 1973 and any amendments thereto, which are inconsistent with the provisions of this Ordinance. SECTION 34. Effect. This Ordinance shall take effect from the date of its passage. SIGN ORDINANCE 51 City of South Burlington Ordinance DRAFT 2024-04-01 SIGN ORDINANCE 52 City of South Burlington Ordinance DRAFT 2024-04-01 APPENDIX B Dorset Street/City Center Sign District Description of District Boundaries The westerly boundary of the District follows the Interstate Highway Right of Way from Williston Road to Kennedy Drive in the south. Kennedy Drive forms the southern boundary of the District and Williston Road forms the northerly boundary. At Kennedy Drive, the District boundary follows the School Department Boundary in a northeasterly direction along the stream bed and then northerly parallel to Woodcrest Drive and 100 feet back from the roadway R.O.W. The boundary follows the School Department Boundary in a westerly direction for a total of 1336 feet. The boundary then heads in a northerly direction, and parallel to Barrett Street for 1130 feet at which point it turns easterly and follows the Barrett Street alignment and coinciding with the property lines which are between 110 and 120 feet from the Barrett Street R.O.W. and coinciding with the property line delineating lands owned by the City of South Burlington. The District boundary follows this property line as it heads in an irregular fashion to the northwest to its intersection with the property line of lands owned by South Burlington Realty. At this point the line then heads in an easterly direction for 1245 feet to the Hinesburg Road R.O.W. The District then follows Hinesburg Road northerly for 181 feet at which point the boundary then follows the property for the South Burlington Realty parcel as it abuts the Central School Property. The District Boundary then heads north along the Central School Property for 84 feet and west 200 feet to the end of Mary Street. The District Boundary then proceeds westerly coinciding with the north property line of the properties located at 2 and 6 Market Street. The District Boundary then heads northerly to Williston Road along the eastern property lines of properties located at 8 and 100 Dorset Street and 1055 Williston Road. MEMORANDUM TO: South Burlington City Council Jessie Baker, City Manager FROM: Martha Machar, Finance Director DATE: April 8, 2024 RE: South Burlington’s Annual Social Services Spending Background Over the past few years, the South Burlington City Council has frozen its annual Social Services spending and allocated the $15,000 set aside in the annual budget to the same eight community organizations that focus on key issues in the community. These organizations are: NAME Amount Disbursed FY23 Age Well $1,500.00 Common Roots $2,000.00 COTS $1,000.00 Howard Mental Health $2,000.00 Recreation Dept Scholarship Fund $2,000.00 SB Food Shelf $1,500.00 STEPS to end Domestic Violence $2,500.00 United Way Northwest VT $2,500.00 Total $15,000.00 During the August 21, 2023, council meeting, the Council approved an additional $2,000 out of the FY23 surplus to each of the above listed organizations. The Council has also allocated funds to Trinity Education Center (TEC), also known as Infinite Youth Center, over the last three years. In July 2021, the Council approved $11,000 seed funds for the opening of the Center. In 2022 & 2023, the Council approved $13,000 each year from the FY22 & FY23 surplus funds respectively to support TEC programs. FY25 social services annual budgeted amount was increased by $13,000 in anticipation of another request this year. If there is a 2024 request, the Council will have the option to fund it with FY23 surplus or the allocated budget. Over the past years, the City has also received general appeals from several other community organizations such as: • American Red Cross • Turning Point • Vermont Family Network • University of Vermont: Home Health & Hospice • JUMP Joint Urban Ministry Project • Vermont Adult Learning • South Burlington Community Justice Center • Local Motion Discussion & Action Please review the above past disbursements and provide direction on whether any of these allocations or organizations should be amended in FY24. As a reminder, the FY24 budget retains the same allocation of $15,000. 180 Market St South Burlington, VT 05403 802-846-4105 May 6, 2024 The following 2024 First and Second Class Licenses and Tobacco License were approved by the South Burlington Liquor Control Board after review by the City tax, fire and police departments: NAME DESCRIPTION Always Full Asian Market Second Class License Charlie’s on Fire LLC First Class Restaurant/Bar License Farmers and Foragers First Class Commercial Caterer Hudson CNA Tobacco License Trader Joe’s East Second Class License Waffle Chalet First Class Restaurant/Bar License SOUTH BURLINGTON LIQUOR CONTROL BOARD _______ ______ Mike Scanlan Laurie Smith ______ _______ Tim Barritt Elizabeth Fitzgerald _______ Andrew Chalnick