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Temporary business signs located on the property of the business being advertised are permitted in any commercial district without a permit, if the total allowable square footage for all signs on the property is not exceeded and all signs meet the setback requirements for principal buildings on the same lot.
(Ord. 77-1-78, § 40-46(O), 1-24-1977; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)
(A) Electronic message signs are allowed as follows:
(1) Animated, flashing, blinking, reflecting, revolving, full motion or any other similar message or transitional movement is prohibited.
(2) Signs will only be designed as a wall or monument sign.
(3) Only 1 electronic message sign is permitted on a lot.
(4) The advertisement of off-premise businesses or services is not allowed.
(5) Each message shall not change more than once every 10 seconds.
(6) Signs shall not exceed the total sign area permitted on the site and shall not exceed a maximum of 32 square feet.
(7) All signs must utilize automatic dimming capability that adjusts the brightness to the ambient light at all times of the day so that signs are not unreasonably bright for the safety of the motoring public.
(Ord. 11-06-572, 5-17-2011; Ord. 14-23-678, 11-13-2014)
DIVISION 4. LANDSCAPING AND SCREENING
In accordance with the site plan review process provided in §§ 1-19-3.300 through 1-19-3.300.4, the Floating Zone Phase II execution process provided in §§ 1-19-10.500 through 1-19-10.500.11, or as otherwise provided within this chapter the Planning Commission may require landscaping, screening, and buffering along the property line and around and within the parking areas. Landscaping, screening, and buffering shall be provided in conformance with the following minimum standards:
(A) Street trees. Street trees shall be provided along the property line adjacent to the paved surface of an existing or proposed public right of way in a planting area no less than 7 feet wide, and planted with shrubs or trees in accordance with the following minimum standards:
(1) One tree at least 6 feet in height at the time of planting shall be provided per 35 feet of roadway frontage.
(2) An alternate on-site location for trees may be approved by the Planning Commission or Planning Commission authorized representative when a specific finding is made that the alternate location is required due to:
(a) Physical site constraints; or
(b) The irregular and non-linear nature of landscaping in the GI zoning district or, the RC, A, R1, or VC zoning districts outside of community growth areas; or
(c) Approval of an alternate planting design by the Planning Commission.
(B) Land use buffering and screening. To achieve buffering and screening between land uses the following shall be provided along common property lines:
(1) Where industrial, mineral mining, or solid waste uses are located adjacent to residential zoning districts: a mixture of plantings including predominantly evergreen shrubs or trees spaced at intervals which are expected to achieve a mixture of height at maturity between 6 feet and 15 feet and to provide complete buffering and screening from the residential zoning district, as determined by the Planning Commission.
(2) Where commercial or institutional uses are located adjacent to residential zoning districts: a mixture of plantings including predominantly evergreen shrubs or trees spaced at intervals which are expected to achieve a mixture of height at maturity between 6 feet and 15 feet and to provide effective buffering, as determined by the Planning Commission.
(3) All other uses: buffering and screening for all other land uses shall be determined by the Planning Commission.
(C) Parking area buffering and screening. Parking areas shall be screened from roadways in accordance with the following minimum standards:
(1) Where parking areas are adjacent to residential uses or zoning districts, or roadways with at least a collector status as designated on the County Comprehensive Plan: plantings of predominantly evergreen shrubs or trees spaced at intervals which may be expected to form effective buffering and screening at least 30 inches high at the time of planting.
(2) All other parking areas: plantings of predominantly evergreen shrubs or trees spaced at intervals which may be expected to form effective buffering at least 30 inches high at the time of planting.
(D) Parking area landscaping. Within required parking areas landscaping shall be provided in accordance with the following minimum standards:
(1) Parking areas shall be separated into bays with an average of no more than 10 parking spaces. Each parking bay shall contain no more than 15 continuous parking spaces. Between or at the end of each bay of parking spaces there shall be a planting area of at least 5 feet in width. Each planting area shall contain 1 tree at least 6 feet in height at the time of planting and groundcover containing at least two shrubs for every 100 square feet of landscape area.
(2) Planting area trees shall be predominantly deciduous and provide at least 20% canopy cover at maturity.
(E) Landscaping, screening, or buffering:
(1) Shall be maintained in a living condition;
(2) Shall emphasize native species, where soil base permits, as listed in Exhibit L1 and L2 of the Frederick County Forest Resource Ordinance, as amended.
(3) Shall not include species identified as invasive/exotic species as listed in Exhibit K of the Frederick County Forest Resource Ordinance, as amended.
(4) Shall be located in accordance with § 1-19-4.610.
(5) Shall be located and maintained in a condition to minimize adverse impacts on sightlines and visibility.
(6) Opaque fencing, walls, and berms shall be maintained.
(F) Existing vegetation may be used to meet the requirements in this section.
(G) Opaque fencing, walls, or berms may be used in addition to trees and shrubs to meet the minimum buffering and screening standards subject to approval of the Planning Commission. Opaque fencing, walls, or berms shall be constructed of materials reflective of neighborhood characteristics as approved by the Planning Commission. Chain link fencing with vinyl privacy slats shall be utilized only within industrial zoning districts where specifically approved by the Planning Commission.
(H) Application. To demonstrate the manner in which the application meets landscaping, buffering, or screening requirements within this chapter, a landscaping, buffering, and screening plan shall be approved as part of the site plan review and approval process (§ 1-19-3.300.3). The landscaping, buffering, and screening plan shall include the following elements:
(1) A form acceptable to the Community Development Division.
(2) The type and location of all proposed landscaping, buffering, and screening including:
(a) Species identification;
(b) The height and width of proposed trees or shrubs at planting and maturity;
(c) Identification of existing trees or shrubs to remain including height and width.
(3) Where proposed, fences, walls, or berms including:
(a) Height and width;
(b) Type of material;
(c) Cross-section and elevation details.
(4) The total number and percentage mixture of existing and proposed native species.
(5) The application shall demonstrate the manner in which on-site recycling and refuse management shall be accommodated including:
(a) Location of refuse/recycling containers;
(b) Dimensions of refuse/recycling location;
(c) Proposed access for loading and unloading;
(d) Type of material proposed as screening.
(I) The Planning Commission may modify the minimum landscaping, buffering, and screening standards where a specific finding is made that the required standards result in a practical difficulty, and where an alternate landscaping, buffering, and screening plan is approved by the Planning Commission.
(Ord. 09-22-526, 7-14-2009; Ord. 10-01-536, 1-19-2010; Ord. 13-25-653, 10-31-2013; Ord. 14-23-678, 11-13-2014)
DIVISION 5. LIGHTING
(A) In accordance with the site plan review process provided in §§ 1-19-3.300 through 1-19-3.300.4, the Floating Zone Phase II execution process provided in §§ 1-19-10.500 through 1-19-10.500.11, or as otherwise provided within this chapter, lighting shall be designed and installed to be fully shielded. Lighting shall be directed downward to prevent glare and light trespass onto adjacent properties, roadways, and the nighttime sky.
(B) Pole and building mounted lighting shall not exceed a maximum height of:
(1) 14 feet in pedestrian oriented developments including pedestrian components in Planned Unit Development (PUD), Mixed Use Development (MXD), Office Research/Industrial (ORI), and Planned Industrial/Commercial development;
(2) 18 feet for commercial uses;
(3) 24 feet for industrial uses;
(4) Lighting height shall be measured from the ground to the point of illumination.
(C) For the purpose of reduction in energy consumption, light trespass, and glare, proposed lighting shall utilize the lowest lighting levels feasible. Evaluation factors include: light distribution and overlap, number and height of fixtures.
(D) Lighting shall not exceed .50 foot-candles as measured from the property line.
(E) Lighting that is exempt from these requirements includes temporary lighting and lighting provided for emergency or safety purposes as required by: the Building Code, Electrical Code, or otherwise within the County Code.
(F) Application. Where required within this chapter, a lighting plan shall be approved as part of the site plan review and approval process (§ 1-19-3.300.3). The lighting plan shall include the following elements:
(1) A form acceptable to the Community Development Division;
(2) The type and location of all proposed lighting including:
(a) Lighting standards and specifications;
(b) Photometric data, such as that furnished by the manufacturer, showing the angle of cut off of light emissions, upward and lateral glare shield details, and foot-candle light values for the entire site;
(c) Building and pole mounting heights;
(d) Hours of operation.
(G) The Planning Commission may modify the lighting standards within this section based on characteristics of the proposed use, photometric studies, nationally recognized standards, or other documentation as approved by the Planning Commission.
(Ord. 09-22-526, 7-14-2009; Ord. 10-01-536, 1-19-2010; Ord. 10-26-561, 11-9-2010; Ord. 11-25-591, 10-27-2011; Ord. 13-25-653, 10-31-2013; Ord. 14-23-678, 11-13-2014)
ARTICLE VII: SUPPLEMENTARY DISTRICT REGULATIONS (§§ 1-19-7.100 — 1-19-7.620)
Section
Division 1. Generally
1-19-7.100 Generally
Division 2. Resource Conservation District
1-19-7.200 Resource Conservation District
Division 3. Agricultural District
1-19-7.300 Agricultural District
Division 4. Residential Districts - Reserved
1-19-7.400 Residential Districts - Reserved
Division 5. Commercial Districts
1-19-7.500 Village Center Zoning District Overlay standards
1-19-7.510 General Commercial
1-19-7.520 Mixed Use
Division 6. Industrial Districts
1-19-7.600 Industrial Districts
1-19-7.610 Industrial District Performance Standards
1-19-7.620 Performance Standards for the Office/Research Industrial District (ORI)
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