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19960326 1996-3ORDINANCE NO. _1996-3 AN ORDINANCE TO AMEND ARTICLE II DIVISION 7 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA PERTAINING TO THE PERMITTED LOCATION OF SIGNS, THE REGULATION OF WINDOW SIGNS, TEMPORARY SIGNS, AND PROHIBITED SIGNS. WHEREAS, the regulation of signs within the City is necessary to promote the health, safety, and general welfare of the community by protecting property values; minimizing visual distractions to motorists, and eliminating signs that confuse or obstruct the vision necessary for traffic safety; protecting and enhancing the appearance and economic vitality of the City; providing for signage that is adequate but not excessive; encouraging the compatibility of signs with the sites and buildings to which they are associated; and supporting and complementing the City's Comprehensive Plan; and WHEREAS, the existing regulations addressing signs in the City, as contained in Article II, Division 7, of the Code of the City of Fairfax, Virginia do not adequately facilitate those objectives; and WHEREAS, the City Council has carefully considered the recommendations of the Planning Commission and Staff, and testimony received at public hearing; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Article II, Division 7 of Chapter 26 of the Code of the City of Fairfax, Virginia be and hereby is amended as follows: Section 26-43 (a)(3) is hereby amended to read in its entirety as follows: "(3) Signs shall be set back from the right-of-way as specified in Table I, Table II or Table III of this division. If, however, at the time of sign permit application the comprehensive plan indicates an expanded right-of-way for the purpose of constructing or expanding public improvements, then the sign owner shall relocate such sign the required distance from the expanded right-of-way location, at his expense, within ninety (90) days of completion of that portion of the construction or expansion adjacent to the sign location." Section 26-43 (a)(8) is hereby amended to read in its entirety as follows: "(8) Ground-mounted signs shall be set back as provided in Table II except as specifically qualified herein." Section 26-44 (a) Signs Permitted, Table II is hereby amended to read in its entirety as follows: 1996-3 -2 Street Classification Arterial Collector "Table II Regulations for Ground-Mounted Business Signs Total Maximum Maximum Front Side Area Height Setback Setback .5 sq.ft./linear ft. of 6 ft. building frontage to max. of 50 sq.ft.; or .5 sq.ft./linear ft. of 6 ft. building frontage to max. of 40 sq.ft. 20 ft. 10 ft. 10 ft. 10 ft. .5 sq.ft./linear ft. of 6 ft. 20 ft. 10 ft. building frontage to max. of 40 sq.ft.; or Local .5 sq.ft./linear ft. of building frontage to max. of 35 sq.ft. 6 ft. 10 ft. 10 ft. .5 sq.ft./linear ft. of 6 ft. 10 ft. 10 ft. building frontage to max. of 25 sq.ft. *In addition to minimum setback requirements, each sign must provide sufficient sight distance as determined by the Zoning Administrator." The title of Table III contained in Section 26-44(a) is hereby amended to read in its entirety as "Table III Old Town Fairfax Historic Overlay District Sign Regulations." Section 26-44(b)(1) is hereby amended to read in its entirety as follows: "(1) Window Signs. Permanent and temporary signs may be displayed on or adjacent to the interior windows of establishments in the "C" and 'T' districts and commercial uses located in "planned development" districts, provided that all window signs shall be located within a contiguous area composing no more than twenty-five (25) percent of the area of each window. The total area of window signs shall not exceed fifty (50) percent of the maximum permitted building mounted sign area for that business" Section 26-45(d) is hereby amended to read in its entirety as follows: (d) Business openings and sales events signs. Signs, including banners, advertising special sales events; provided such permits shall be limited to ten (10) consecutive days' duration and six (6) events per year for any one business establishment. Signs, including banners, not to exceed thirty-two (32) square feet for business establishments; provided such permits shall be limited to three (3) months' duration per opening sign and to one months' duration per closing sign. No moving signs or devices as described in section 26-46 (c) shall be permitted for business openings and sales events. Section 26-45(g) is hereby deleted in its entirety. 1996-3 Section 26-46(c) is hereby amended to read in its entirety as follows: "(c) Moving signs or devices intended to attract attention, all or part of which are intended to move, including but not limited to flags (including pennants), balloons, propellers, and discs except as provided for in section 26-48.1(d) and (m)." Section 26-48.1(i) is hereby amended to read in its entirety as follows: "(i) Banners and nonilluminated signs posted by civic, fraternal charitable or public service organizations provided that such banners and nonilluminated signs shall be limited to ten (10) consecutive days' duration and six (6) events per year for any civic, fraternal, charitable or public service organization. Such signs or banners shall not exceed thirty-two (32) square feet in area. Notwithstanding the provisions of section 26-43(a) which regulate sign location, such signs may be no closer than eight (8) feet from the street curb or the edge of street pavement in the absence of a curb subject to the approval of the city manager or his designee to ensure vehicular and pedestrian safety." Section 26-48.1(j) is hereby amended to read in its entirety as follows: "(j) Signs advertising the name, place and time of city-sponsored holiday celebrations, fairs, festivals, and similar events, provided that such signs shall be posted for no more than thirty (30) consecutive days, and no more than sixty (60) days within any year. Signs advertising charitable and public events and holiday celebrations may be permitted in public rights-of-way if the city manager or his designee determines that the public safety will not be compromised, and the design and placement of such signs are consistent with the goals, objectives, and strategies contained in the Comprehensive Plan and any other adopted City policy. In addition to the name, place and time of such event, such sign may include the name and logo of any commercial sponsor, provided that such name and logo constitute no more than ten (10) percent of the total sign area." This Ordinance shall become effective as provided by law. Planning Commission Hearing: March l l, 1996 City Council Hearing: March 26, 1996 Adopted: March 26, 1996 Mayor Date -3 ATTEST: