Planning Commission

Town of Summerville Planning Commission July 17, 2023 - 4:00 PM Town Hall, Council Chambers The meeting will be live-streamed through the live-streaming link on the Town’s website: www.summervillesc.gov For additional information regarding items on this agenda including any public hearings, please contact the Planning Department at planning@summervillesc.gov or 843.851.4217. Applications and related documents for this meeting are available for review at any time at www.summervillesc.gov/AgendaCenter. I. APPROVAL OF MINUTES: 1. Approval of minutes from meeting on June 19, 2023. II. PUBLIC HEARINGS: (public hearing notice in Post & Courier on 07.02.23 and signs posted on the properties on 06.30.23) 1. Petition by Rolina Investments LLC to annex TMS#s 145-03-01-005, -006, and -009, located at 207 and 209 Garbon Drive, and totaling approximately 3.2 acres. Currently zoned R- 1(M)(A), R-1, and TRM, respectively, in Dorchester County and will be zoned GR-5, General Residential, upon annexation into the Town of Summerville’s municipal limits. (Council District 3) 2. Request to rezone TMS# 130-10-00-033, located at 823 W. 5th North Street, totaling approximately 1.69 acres, and owned by Dorchester County, from UC-MX, Urban Corridor Mixed-Use, to PL, Public Lands. (Council District 1) 3. Request to rezone TMS# 130-10-00-051, located at 603 N. Maple Street, totaling approximately 0.77 acres, and owned by Lawrence and Melissa Lopez Gibson, from N-R, Neighborhood Residential, to N-B, Neighborhood Business.(Council District 1) 4. Request to amend the Summerville Unified Development Ordinance (UDO) Chapter 10 - Signs, Section 10.5 – Changeable Copy Signs 5. Proposed amendments to the Summerville Unified Development Ordinance (UDO) Chapter 7 – Parking and Driveways, Section 7.3 – Vehicle Parking Location 6. Proposed amendments to the Summerville Unified Development Ordinance (UDO) Chapter 10 – Signs, Section 10.2.1 – Applicability, Section 10.4.3 – Building Signs Requiring a Permit, Section 10.5 – Changeable Copy Signs, Section 10.8.1 – Incidental Signs, and Section 10.9 – Prohibited Signs  7. Proposed amendments to the Summerville Unified Development Ordinance (UDO) Chapter 13 – Administration & Procedures, Section 13.3.3 – Board of Zoning Appeals and Section 13.4.2 – Public Notice Requirements 8. Proposed amendments to the Summerville Unified Development Ordinance (UDO) Chapter 15 – Definitions, Section 15.3 – Definition of Terms III. OLD BUSINESS: IV. NEW BUSINESS: 1. New Street Names (as needed) 2. Petition by Rolina Investments LLC to annex TMS#s 145-03-01-005, -006, and -009, located at 207 and 209 Garbon Drive, and totaling approximately 3.2 acres. Currently zoned R- 1(M)(A), R-1, and TRM, respectively, in Dorchester County and will be zoned GR-5, General Residential, upon annexation into the Town of Summerville’s municipal limits. (Council District 3) 3. Request to rezone TMS# 130-10-00-033, located at 823 W. 5th North Street, totaling approximately 1.69 acres, and owned by Dorchester County, from UC-MX, Urban Corridor Mixed-Use, to PL, Public Lands. (Council District 1) 4. Request to rezone TMS# 130-10-00-051, located at 603 N. Maple Street, totaling approximately 0.77 acres, and owned by Lawrence and Melissa Lopez Gibson, from N-R, Neighborhood Residential, to N-B, Neighborhood Business.(Council District 1) 5. Request to amend the Summerville Unified Development Ordinance (UDO) Chapter 10 - Signs, Section 10.5 – Changeable Copy Signs 6. Proposed amendments to the Summerville Unified Development Ordinance (UDO) Chapter 7 – Parking and Driveways, Section 7.3 – Vehicle Parking Location 7. Proposed amendments to the Summerville Unified Development Ordinance (UDO) Chapter 10 – Signs, Section 10.2.1 – Applicability, Section 10.4.3 – Building Signs Requiring a Permit, Section 10.5 – Changeable Copy Signs, Section 10.8.1 – Incidental Signs, and Section 10.9 – Prohibited Signs 8. Proposed amendments to the Summerville Unified Development Ordinance (UDO) Chapter 13 – Administration & Procedures, Section 13.3.3 – Board of Zoning Appeals and Section 13.4.2 – Public Notice Requirements 9. Proposed amendments to the Summerville Unified Development Ordinance (UDO) Chapter 15 – Definitions, Section 15.3 – Definition of Terms V. MISCELLANEOUS: VI. ADJOURNMENT: ____________________________________ Chairperson or Vice Chairperson Posted July 10, 2023  The Town of Summerville Planning Commission Meeting Minutes June 19, 2023 This meeting of the Town of Summerville Planning Commission was held in Town Council Chambers and was attended by Commission Members, Jim Reaves, Chairman; Kevin Carroll; Charlie Stoudenmire; Elaine Segelken; and Tom Hart. Betty Profit and Jim Bailey were unable to attend. Staff in attendance included Tim Macholl, Zoning Administrator, and Rhonda Moore, Director of Finance. The public was invited to attend in person, or they viewed the meeting via live-stream. Jim Reaves, Chairman, called the meeting to order at 4:00 PM. Approval of Minutes: The Chairman asked if there were any edits or additions to the minutes from the meeting on May 15, 2023. Hearing none the minutes were approved as submitted. Public Hearings: The first public hearing opened at 4:01 PM and was for the petition by Samuel G. Pennington and Hallie Perkins to annex TMS#130-10-00-018, located at 518 N. Maple Street and totaling approximately 0.58 acres. Currently zoned OI, Office and Institutional District in Dorchester County and will be zoned UC- MX, Urban Corridor Mixed-Use, upon annexation into the Town of Summerville’s municipal limits. (Council District 1) Mr. Reaves introduced the item. The applicant was not in attendance. Hearing no other public comment, the public hearing was closed at 4:02 PM. Old Business There were no items under Old Business. New Business: The first item under New Business was New Street Names. Mr. Macholl stated that they had no street names for consideration this month. The second item under New Business was the petition by Samuel G. Pennington and Hallie Perkins to annex TMS#130-10-00-018, located at 518 N. Maple Street and totaling approximately 0.58 acres. Currently zoned OI, Office and Institutional District in Dorchester County and will be zoned UC-MX, Urban Corridor Mixed-Use, upon annexation into the Town of Summerville’s municipal limits. (Council District 1) Mr. Carroll made a motion to recommend approval of the annexation to Council, and Ms. Segelken made the second. Mr. Carroll asked for confirmation of the location of his property, and Mr. Macholl confirmed that it was on the left side of N. Maple Street if you were heading north toward the interstate from Highway 78. Mr. Reaves stated that he had some misgivings about the requested zoning of UC-MX as he was concerned that the applicants were zoning shopping. He noted that the surrounding properties are all residential and the property across the street is Neighborhood Mixed-Use, and it is a long, skinny lot to use for a car sales business. Mr. Hart agreed that he also had some reservations about the request. Mr. Carroll noted the number of curb cuts along N. Maple Street and his concerns about safety. Mr. Reaves called for the question and the motion failed unanimously. The third item under New Business was an ordinance to amend the Town of Summerville Code of Ordinances, Chapter 20, Article IV, Sections 20-103(9) and 20-109 (B) and (D), to reduce the eighty percent (80%) discount of the maximum impact fee allowed to zero percent (0%) so as to apply one hundred percent (100%) of the maximum allowable Parks and Recreation Impact fee. Town Council gave first reading at their meeting on June 8, 2023 and will hold a public hearing at their meeting on July 13, 2023. Mr. Carroll made a motion to recommend approval to Council, and Mr. Hart made the second. Mr. Carroll asked if the revenues from impact fees go into the general fund or a special designated fund. Ms. Moore responded that the revenues are kept separate. Mr. Carroll then asked if the funds were invested, and Ms. Moore confirmed that they were. Mr. Hart asked for confirmation that this change would mean that there would be no discount on the Parks and Recreation fees, and Ms. Moore confirmed that this would remove the 80% discount on the Parks and Recreation fees. Mr. Hart asked if this would improve facilities for new and existing residents. Ms. Moore responded that yes it could go to all new improvements that would benefit both existing and new residents. Further discussion ensued regarding the different categories for impact fees. Ms. Segelken then asked about the staff recommendation to add additional language to the proposed amendment. Ms. Moore explained that staff and Council did not want to change the fees for those projects that were already at a certain stage of development, so the proposed additional language would address that concern. Mr. Macholl confirmed that the additional language would prevent the costs from changing mid-stream for those developments that have already spent a significant amount of time and money based on a certain cost per unit for their pro forma. Mr. Hart asked how much of the overall impact fee of $6,523 would be from the Parks and Recreation fee, and Ms. Moore stated that it would be $3,853 for a single-family home, and the remaining fees would be split between Fire Protection and Municipal Facilities & Equipment, which are already at a 0% discount rate. Mr. Carroll asked if there was a difference between condos and single-family detached homes, and Mr. Macholl stated that it appeared that they were each treated as a single-family dwelling unit. Mr. Stoudenmire emphasized that he felt the most important part of the community is the children and the schools are slowly going downhill due to funding struggles, and he just needed to point that out. Ms. Moore stated that she wished that the Town could make a bigger impact there. Following the discussion, Mr. Reaves called for the question, and the motion passed unanimously. Miscellaneous: There were no items under Miscellaneous. Adjourn With no further business for the Commission, Mr. Stoudenmire made a motion to adjourn with Mr. Carroll making the second. The motion carried and the meeting was adjourned at 4:18 PM. Respectfully Submitted, Date: __________________________ Jessi Shuler, AICP Director of Planning Approved: _________________________________________________ Jim Reaves, Chairman or Jim Bailey, Vice Chairman  ANNEXATION STAFF REPORT PLANNING COMMISSION July 17, 2023 Owner/Applicant: Rolina Investments, LLC TMS#s: 145-03-01-005, -006, and -009 Location: 207 and 209 Garbon Drive Description: three tracts totaling 3.2 acres Request: Annexation and Zoning to GR-5, General Residential (5 units/acre) The property owner is requesting for the above referenced tract to be annexed into the Town from Dorchester County. The existing zoning in Dorchester County is R-1(M)(A), R-1, and TRM, respectively. This property is included in the Town’s ‘Single-Family Detached’ area as identified within the Summerville: Our Town, Our Future Comprehensive Plan as well as on the accompanying Future Land Use Map. This property is also included as a priority annexation area in the Community Facilities & Infrastructure Element of the Comprehensive Plan, which includes the recommendation of prioritizing areas directly adjacent to the municipal boundary to prevent the overextension of infrastructure and reduce costs. The adjacent properties in the County are all zoned either R-1 (Single-Family Residential, minimum lot size 14,500 sf) or TRM (Transitional Residential District, minimum lot size 1 acre), although the properties across Gahagan Road in the County are zoned R-2 (Single-Family Residential, minimum lot size 7,500 sf), and across Garbon Road in the Town are zoned PUD and most of the lots are about 8,000 sf. The owner is proposing to develop the properties into nine (9) single-family detached lots and must request annexation as these properties are located in the Summerville CPW sewer service area. Details on the proposed development will be resolved in the development review process. Based on these findings, the requested annexation and zoning of GR-5, General Residential (5 units/acre) is interpreted by staff to be in conformance with the Town’s Comprehensive Plan and is recommended for approval.  Annexation Exhibit Gahag an R G ar bo d n Dr r o nD G arb Ev es ha m D r Ga G ar ha bo n ga D r nR d n aw kL ht h Nig 7/7/2023 1:1,690 0 0.01 0.02 0.04 mi Zoning Districts N-R PUD 0 0.02 0.04 0.07 km GR-5 Annexation Request with GR-5 Zoning Maxar, Microsoft, Esri Community Maps Contributors, City of Charleston, Charleston County GIS, © OpenStreetMap, Microsoft, Esri, HERE, Garmin,  REZONING STAFF REPORT PLANNING COMMISSION July 17, 2023 Owner: Dorchester County Applicant: Tupco TMS#: 130-10-00-033 Location: 823 W. 5th North Street Description: one parcel totaling 1.69 acres Request: Rezoning to PL, Public Lands, from UC-MX, Urban Corridor Mixed-Use The property owner is requesting for the above referenced parcel to be rezoned from UC-MX, Urban Corridor Mixed-Use, to PL, Public Lands. This property is included in the Town’s ‘Neighborhood Mixed-Use’ area as identified within the Summerville: Our Town, Our Future Comprehensive Plan as well as on the accompanying Future Land Use Map. Dorchester County purchased the property in 2017, as this property is adjacent to the EMS station at 821 W. 5th North Street, which is already zoned PL, Public Lands. Dorchester County plans to build a new Coroner’s Office on this site with the potential for an additional county building in the future. Based on these findings the requested PL, Public Lands, zoning district is recommended for approval. 2  Rezoning W Exhibit - 823 W 5th North St as sa m as sa w R d Q ui nc e C ir W 5t h No rth St St W Iris as sa m as sa w Rd 78 W 5t h No rth St St Iris 78 7/7/2023 1:1,690 0 0.01 0.02 0.04 mi Zoning Districts MF-R N-MX PL Roads Rezoning Request to PL 0 0.02 0.04 0.07 km GR-5 N-B N-R UC-MX Esri Community Maps Contributors, City of Charleston, Charleston County GIS, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph,  Rezoning W as s Aerial - 823 W 5th North St am as sa w R d Q ui nc e C ir W 5t h No rth St W as sa m as sa w Rd W 5t h No rth St St Iris W 5t h No rth 1:1,642 7/7/2023 S t 0.02 0 0.01 0.04 mi Rezoning request to PL 0 0.02 0.04 0.07 km Maxar, Microsoft, Esri Community Maps Contributors, City of Charleston, Charleston County GIS, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, Request to rezone this property – owned by Dorchester County From UC-MX to Public Lands Dorchester County has a master plan for a new Coroner’s Office to support Summerville and Dorchester County. Request to rezone this property – owned by Dorchester County From UC-MX to Public Lands Dorchester County has a master plan for a new Coroner’s Office to support Summerville and Dorchester County.  The house was demo’d years ago – and the property has only temporary parking and trailers for Dorchester County use. Request to rezone this property – owned by Dorchester County From UC-MX to Public Lands Dorchester County has a master plan for a new Coroner’s Office to support Summerville and Dorchester County. EMS BUILDING  Planned area for a Detention/Retention pond for the coroner’s bldg – the future third building will replace the pond for underground detention 126’ Third bldg. planned for 2026 New Coroner’s Office (red roof) Existing EMS Building Saved Oak trees 125’ Hwy 78 Lot is cleared of major trees. Circled Oaks will remain Has roc, some concrete, asphalt - that will need to be removed off site Future plan for 3rd building – 2026 Page 2 of 2  REZONING STAFF REPORT PLANNING COMMISSION July 17, 2023 Owner/Applicant: Lawrence and Melissa Lopez Gibson TMS#: 130-10-00-051 Location: 603 N. Maple Street Description: one parcel totaling 0.77 acres Request: Rezoning to N-B, Neighborhood Business, from N-R, Neighborhood Residential The property owner is requesting for the above referenced parcel to be rezoned from N-R, Neighborhood Residential, to N-B, Neighborhood Business. This property is included in the Town’s ‘Neighborhood Mixed-Use’ area as identified within the Summerville: Our Town, Our Future Comprehensive Plan as well as on the accompanying Future Land Use Map, which “is intended to encourage the integration of commercial and a variety of residential land uses within easy walking distance of each other. Commercial uses should include residentially scaled businesses, such as sales of consumer goods, health and personal care, professional services, offices, restaurants, and religious institutions.” The Economic Development element of the Comp Plan also identifies this area as a “Downtown Transition Commercial Area” with commercial businesses and mixed-uses where “pedestrian mobility is still a priority.” The property owner stated that they wanted to sell the property as commercial, not residential. The properties between this property and Wassamassaw Road are already zoned N-B. The properties to the west (rear) and north (side) are zoned for residential use, so a 30-foot vegetated buffer will be required along those property lines if this property is redeveloped as a commercial use. Based on this information, the proposed rezoning to N-B is determined to be in conformance with the Town’s Comprehensive Plan and is recommended for approval. 3 G ib bs Rezoning Exhibit - 603 N Maple St St Lo op le ap M N S ham rock D r St le W ap as sa M m N as sa w R d 7/7/2023 1:1,642 0 0.01 0.02 0.04 mi Zoning Districts MH-R N-MX PUD 0 0.02 0.04 0.07 km GR-5 N-B N-R Rezoning request to N-B Roads Esri Community Maps Contributors, City of Charleston, Charleston County GIS, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph,  Rezoning Aerial - 603 N Maple St St le ap M N G S ham ib rock bs D Lo r op Gi bb s Lo op St W le as ap sa M m N as sa w R d St 7/7/2023 le 1:1,642 ap 0 0.01 0.02 0.04 mi M N Rezoning request to N-B 0 0.02 0.04 0.07 km Maxar, Microsoft, Esri Community Maps Contributors, City of Charleston, Charleston County GIS, © OpenStreetMap, Microsoft, Esri, HERE, Garmin,  UDO AMENDMENT STAFF REPORT PLANNING COMMISSION July 17, 2023 Applicant: Johnson & Wilson Real Estate – Tiffany Johnson Description: Amendments to Chapter 10 – Signs, Section 10.5 – Changeable Copy Signs Reason for request: The requested amendments are proposed by the applicant to change the ordinance to allow digital signs to be used as window signs approved at staff level. The applicant’s business at 100 W. Richardson Ave., Suite D, would like to be able to utilize a digital sign to advertise. While staff does realize that the sign ordinance needs to be amended to provide clarification on the intent of certain sections, staff does not support allowing digital signs, freestanding, wall, or window, to be approved at staff level for commercial businesses. Staff does have proposed amendments to Chapter 10 for consideration. 4 10.5 CHANGEABLE COPY/DIGITAL SIGNS 10.5.1 DEFINITIONS Changeable Copy Sign is defined as a sign or portion of a sign with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than once per day shall be considered a digital sign and not a changeable copy sign for purposes of this chapter. Digital Sign is defined as any sign that is remotely changed on or off site and has a message duration time established. Digital Sign copy is altered by electric or electronic means. 10.5.2 APPLICABILTY Changeable copy signs are allowed only at indoor entertainment, gas/fueling stations, churches, schools, theaters, civic uses and parks. 10.5.3 APPROVAL REQUIRED Changeable copy and Digital signs with changeable letters or images are not allowed by-right as freestanding or wall signs. Such signs may be allowed for the following uses and must be approved by Town Staff unless otherwise noted: A. Educational establishments: kindergarten, elementary, junior, senior or degree educational programs B. Churches or spiritual institutions C. Window signage D. Commercial establishments: 1. Fuel Sales: For fuel sales establishments the changeable copy shall not be more than 40% of the sign face area. 2. Other establishments: For other establishments, the changeable copy shall not be more than 25% of the maximum freestanding signage area subject to approval by the DRB. Churches, schools and theaters are exempt from this requirement. 10.5.4 WALL/FREESTANDING STANDARDS A. Sign Area: Changeable copy signs count as part of the computation for freestanding or marquee signs only and shall not exceed 50% of the total allocated sign area. B. Digital Signs: Digital signs with changeable copy shall be subject to the same size and placement limitations as non-digital signage subject to approval by the DRB. C. Single Color: Changeable copy shall be expressed in one color only. D. Time for Message Rotation: Signs containing automatic changeable copy messages must remain fixed, static, motionless, and non-flashing for a period of at least eight (8) seconds. 10.5.5 Window Sign Standards A. Sign Area: Changeable copy/digital signs shall not exceed 5% of the total window area. B. Digital Signs: Digital signs with changeable copy shall be subject to the same size and placement limitations as non-digital window signage. C. Multi Color: Changeable copy signs shall be expressed in three colors only. D. Time for Message Rotation: Signs containing automatic changeable copy messages must remain fixed, static, motionless, and non-flashing for a period of at least ten (10) seconds. E. There shall be no video feed or flashing lights. PERMITTED SIGN TYPES MAXIMUM AREA & HEIGHT OTHER REQUIREMENTS MAXIMUM NUMBER E. Window Signs Maximum Area: 25% of each ► Permitted on first floor and second floor Subject to total window windows only allowable Building ► Neon signs mounted on the inside face of Sign area windows shall not exceed 5 sq. ft. and shall be counted as part of the total window sign area ► Good visibility, both in and out of the window, must be maintained ► Digital Signs may be permitted in the N-MX and the Historic Applicability: Permitted on windows District Overlay per 10.5.3 and doors. F. Awning/Canopy Signs Maximum Width of Canopy Sign: ► Illumination integral to the design of the 1 per tenant  UDO AMENDMENTs STAFF REPORT PLANNING COMMISSION July 17, 2023 Applicant: Town Staff Description: Proposed amendments to the Summerville Unified Development Ordinance (UDO) Chapter 7 – Parking and Driveways, Section 7.3 – Vehicle Parking Location Reason for request: These amendments are proposed by staff to correct a discrepancy in the parking locations noted in this Chapter versus what is shown in the District Standards in Chapter 2 for the N-MX zoning district, and to clarify that parking on the side for corner lots cannot be closer to either street than the building. Proposed amendments to the Summerville Unified Development Ordinance (UDO) Chapter 10 – Signs, Section 10.2.1 – Applicability, Section 10.4.3 – Building Signs Requiring a Permit, Section 10.5 – Changeable Copy Signs, Section 10.8.1 – Incidental Signs, and Section 10.9 – Prohibited Signs Reason for request: These amendments are proposed by staff to provide clarification and remove some confusing and/or outdated language. Proposed amendments to the Summerville Unified Development Ordinance (UDO) Chapter 13 – Administration & Procedures, Section 13.3.3 – Board of Zoning Appeals and Section 13.4.2 – Public Notice Requirements Reason for request: This amendment is proposed by staff to help with efficiency and costs. The BAR is the only Board that requires a public notification be mailed to adjacent property owners. The current language requires a notice be mailed to all property owners within 500 feet, which in some areas of the Historic District can require over 50 notices for a single project, and for larger agendas, end up requiring staff to print and mail 100s of notices. Each month, a number of the notices are returned by the USPS as well, and staff has had property owners in the Historic District complain about the number of notices they receive. Changing the language to only includes properties that are actually adjacent would still reach the property owners that would be most affected by changes, and greatly reduce the amount of staff time and expenses paid to send out mailings to those within 500 feet from a property. Proposed amendments to the Summerville Unified Development Ordinance (UDO) Chapter 15 – Definitions, Section 15.3 – Definition of Terms Reason for request: These amendments are proposed by staff to move the definition for Dwelling, Single Family, which was accidentally included in the Signs, Window definition; change the definition of Signs, Changeable Copy to differentiate between manual and electronic; add a definition for Signs, Digital; and change to definition of Signs, Window to clarify what is considered a window sign. 5  AN ORDINANCE TO AMEND THE SUMMERVILLE UNIFIED DEVELOPMENT ORDINANCE TO PROVIDE FOR CHANGES TO CHAPTER 7, SECTION 7.3, VEHICLE PARKING LOCATION, OF THE TOWN OF SUMMERVILLE CODE OF ORDINANCES BE IT ORDAINED by the Mayor and Council members of the Town of Summerville, in Council assembled, that Chapter 7, Section 7.3, Vehicle Parking Location, of the Summerville Unified Development Ordinance are hereby amended as follows: UC-MX, N-MX Parking located in the side yard can be no closer to the street than the building. Ratified this day of , 2023 A.D. Ricky Waring, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: _____________ FIRST READING: __________________ SECOND READING: ___________________  AN ORDINANCE TO AMEND THE SUMMERVILLE UNIFIED DEVELOPMENT ORDINANCE TO PROVIDE FOR CHANGES TO CHAPTER 10, SECTION 10.2.1.A, APPLICABILITY; SECTION 10.4.3.B & E, WALL SIGNS & WINDOW SIGNS; SECTION 10.5, CHANGEABLE COPY SIGNS; SECTION 10.8.1, INCIDENTAL SIGNS; AND SECTION 10.9.E, MOVING, FLASHING, OR AUDIBLE SIGNS, OF THE TOWN OF SUMMERVILLE CODE OF ORDINANCES BE IT ORDAINED by the Mayor and Council members of the Town of Summerville, in Council assembled, that Chapter 10, Section 10.2.1.A, Applicability; Section 10.4.3.B & E, Wall Signs & Window Signs; Section 10.5, Changeable Copy Signs; Section 10.8.1, Incidental Signs, and Section 10.9, Prohibited Signs, of the Summerville Unified Development Ordinance is hereby amended as follows: Chapter 10 Section 10.2.1.A - Applicability 10.2.1 APPLICABILITY A. The regulations of this chapter shall apply to the placement, construction, erection, alteration, replacement, maintenance, use, type, quantity, location, material, and size of all exterior signs (including window signs, see definition in Chapter 15) within the planning jurisdiction of the Town of Summerville. No sign shall be erected, altered or maintained unless it is in compliance with the regulations of this section. Section 10.4.3.B & E – Wall Signs & Window Signs  “Illuminated” will replace “Neon,” “or displayed” will be added after “mounted,” “or outside” will be added after “inside,” and “Only permitted with BAR approval in the Historic District Overlay.” will be added to the end. Section 10.5 –Changeable Copy Signs 10.5.1 APPLICABILITY Changeable copy signs are allowed only at indoor entertainment, gas/fueling stations, churches, schools, theaters, civic uses and parks. 10.5.2 APPROVAL REQUIRED 10.5.1 STAFF APPROVAL REQUIRED Reader Boards Changeable copy, digital, or other signs with changeable letters or images (manual or digital) are not allowed by-right as freestanding, window, or wall signs. Such signs may be allowed for the following uses and must be approved by Town Staff and meet the standards detailed in 10.5.2 unless otherwise noted below: A. Educational establishments: kindergarten, elementary, junior, senior or degree educational programs B. Churches or spiritual institutions C. Commercial establishments: 1. Fuel Sales: For fuel sales establishments the changeable copy or digital sign shall not be more than 40% of the sign face area and shall only display the price per gallon. 2. Other establishments: For other establishments, the changeable copy shall not be more than 25% of the maximum freestanding signage area subject to approval by the DRB. Churches, schools and theaters are exempt from this requirement. 10.5.3 STANDARDS 10.5.2 DRB/BAR APPROVAL REQUIRED For those uses not detailed above, changeable copy, digital, or other signs with changeable letters or images (manual or digital) are only allowed with DRB or BAR approval and must meet the applicable standards detailed below: A. Freestanding and wall sign standards A.1. Sign Area: Changeable copy and digital signs count as part of the computation for freestanding and wall or marquee signs only and shall not exceed 50% of the total allocated sign area for the specific type of sign. B. Digital Signs: Digital signs with changeable copy shall be subject to the same size and placement limitations as non-digital signage subject to approval by the DRB. C. 2. Single Color: Changeable copy and digital signs shall be expressed in one color only. Digital images may be exempt from this requirement if approved by the DRB or BAR. D. 3. Time for Message Rotation: Signs containing automatic changeable copy messages must remain fixed, static, motionless, and non-flashing for a period of at least eight (8) seconds. 4. There shall be no video feed or flashing lights. B. Window sign standards  1. Sign area: Changeable copy and digital signs, mounted or displayed on the inside or outside face of the window, count as part of the computation for total allowable window signage. Digital signs are considered illuminated and shall meet all requirements of Section 10.4.3.E. 2. Single Color: Changeable copy shall be expressed in one color only. Digital images may be exempt from this requirement if approved by the DRB or BAR. 3. Time for Message Rotation: Signs containing automatic changeable copy messages must remain fixed, static, motionless, and non-flashing for a period of at least eight (8) seconds. 4. There shall be no video feed or flashing lights. Section 10.8.1 – Incidental Signs 10.8.1 INCIDENTAL SIGNS A. Building Addressing: Building addressing and other signs required for the provision of emergency services and the delivery of mail/packages. B. Multi-Tenant Building Sign: On multi-tenant building an additional sign is permitted that may be up to 4 square feet in area. C. Wall or Directional/Informational Signs (e.g., tenant identification, open/closed signs, directional signs): 1. Residential Structure: All signs under 1 square feet in area 2. All Other Structures: All signs under 4 square feet in area are permitted and do not require a sign permit. D. Decorations: Temporary holiday decorations. Section 10.9.E – Moving, Flashing, or Audible Signs E. Moving, Flashing or Audible Signs: Signs that can potentially distract drivers with the following features are prohibited: 1. Signs which display intermittent or flashing lights or moving parts are not permitted, except barber’s poles, time/temperature signs and temporary signs erected by a public agency. 2. Portable or mobile signs utilizing any type of illumination or electrical connections except temporary signs erected by a public agency. 3. Devices consisting of banners, streamers, pennants, feather/flutter flags, wind-blown propellers, balloons, inflatable devices, strung light bulbs and similar installations, unless approved by Town Staff for temporary events only. 4. Permanent moving signs or devices designed to attract attention with any of the following features: a. All or part of which move by any means regardless of whether they contain written messages. b. Set in motion by movement of the atmosphere or by mechanical, electrical or other means, including but not limited to: pennants, posters, propellers, discs, ribbons, streamers, forced air tubes, strings of light bulbs and spinners c. Flashing signs or devices displaying flashing or intermittent lights or lights of changing degrees of intensity, except for signs displaying time and temperature and temporary signs erected by a public agency. d. Signs which emit audible sound, odor or visible matter. 5. Signs placed on vehicles or trailers which are parked or located for the primary purpose of displaying such sign. (This does not apply to lettering on trucks, automobiles, buses, taxis or service vehicles operating during the normal course of business.) Ratified this day of , 2023 A.D. Ricky Waring, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: ____________ ____ FIRST READING: __________________ SECOND READING: ___________________  AN ORDINANCE TO AMEND THE SUMMERVILLE UNIFIED DEVELOPMENT ORDINANCE, CHAPTER 13, SECTION 13.3.3, BOARD OF ZONING APPEALS, SUBSECTION B, MEMBERSHIP; AND SECTION 13.4.2, PUBLIC NOTICE REQUIREMENTS, SUBSECTION D, ADJACENT PROPERTY OWNER MAILED NOTICE (M), OF THE TOWN OF SUMMERVILLE CODE OF ORDINANCES BE IT ORDAINED by the Mayor and Council members of the Town of Summerville, in Council assembled, that the Summerville Unified Development Ordinance, Section 13.3.3, Board of Zoning Appeals, Subsection B, Membership; and Section 13.4.2, Public Notice Requirements, Subsection D, Adjacent Property Owner Mailed Notice (M) are amended to read as follows: 13.3.3 BOARD OF ZONING APPEALS B. Membership: Five (5) Seven (7) members 13.4.2 PUBLIC NOTICE REQUIREMENTS D. Adjacent Property Owner Mailed Notice (M) 1. Required Notification Type: Mailed notice will be delivered to all adjacent property owners within 500 feet of the site. 2. Required Period of Notice: This notice shall be mailed/emailed not less than 7 calendar days prior to the meeting at which the application will be reviewed. 3. Content of Notice: a. Project Name b. Project Applicant c. Type of application; d. The time, date and location of the public hearing/meeting; and e. A phone number/email address to contact the Town. Ratified this day of , 2023 A.D. Ricky Waring, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: _________________ FIRST READING: _____________________ SECOND READING: __ ___________  AN ORDINANCE TO AMEND THE SUMMERVILLE UNIFIED DEVELOPMENT ORDINANCE, CHAPTER 15, SECTION 15.3 DEFINITION OF TERMS, OF THE TOWN OF SUMMERVILLE CODE OF ORDINANCES BE IT ORDAINED by the Mayor and Council members of the Town of Summerville, in Council assembled, that the Summerville Unified Development Ordinance, Chapter 15, Section 15.3, Definition of Terms, is amended to change the definitions of Single Family Dwelling; Sign, Changeable Copy; Sign, Window; and add the definition of Sign, Digital, as follows: 15.3 DEFINITION OF TERMS Dwelling, Single Family: Single Family Dwelling: A free standing building designed for and/or occupied by one household. These residences may be individually owned as residences or residences owned by rental or management companies. Also includes factory-built, modular housing units that comply with SC State Building Code. Sign, Changeable Copy: A sign on which message copy is changed manually in the field, through the utilization of attachable letters, numbers, symbols and other similar characters or changeable pictorial panels. or portion of a sign with characters, letters, or illustrations that can be changed or rearranged without altering the face or surface of the sign. A sign on which the message is altered by electric or electronic means shall be considered a digital sign and not a changeable copy sign. Sign, Digital: A sign or portion of a sign that is remotely changed on or off site and has a message duration time established. Digital sign copy is altered by electric or electronic means. Digital signs may include but are not limited to television screens, holographic displays, programmable ink, LCD, LED, or plasma displays. Sign, Window: Any sign which is painted on, applied to, attached to or projected upon or within the exterior or interior of a building glass area, including doors, or located within 15 feet of the identification, message, symbol, insignia, visual representation, logotype, or any other form which communicates information, displayed within two feet of a window or door and can be read from off-premises contiguous property or public right-of-way. Ratified this day of , 2023 A.D. Ricky Waring, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: _______________ ____ FIRST READING: _____________________ SECOND READING: __ ___________