02-28-2007 Council Agenda - Laserfiche WebLink

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Signage. In the B -2, B -3, and B -4 zoning districts, each building shall be allowed one wall sign and one freestanding sign. The site is currently non - conforming, in that it contains two freestanding signs, both of which exceed the height and area requirements. One sign is 87.5 square feet in area and 24 feet in height. This sign is to be replaced with a new LED price sign. A second freestanding high -rise sign, approximately 199.25 square feet in area and 38 feet in height, is proposed to remain on site. This sign is setback six feet from the property line. The maximum area for freestanding signs is determined based on the gross floor area of the building. The existing building is approximately 1,297 square feet. For buildings up to 2,200 square feet in area, a freestanding sign up to 66 square feet in area and 16 feet in height may be erected. The proposed sign is 65.33 square feet in area and 19 feet in height. It will utilize the existing sign poles, and maintain the four foot setback from the property line. The applicant is making an effort to reduce the non - conformity of the site by proposing a smaller sign than what exists. However, the proposed sign is still three feet taller than the maximum height allowed for a building of this size. The high -rise sign which is proposed to remain on site greatly exceeds the maximum area and height allowed by the Ordinance. The Ordinance states that non - conforming signs may not be structurally altered except to bring them into compliance with the provisions of the Zoning Ordinance. In order to completely bring the site into compliance, one freestanding sign would need to be removed. The applicant has applied for a variance to allow both signs to remain on site. Rezoning. The existing business is non - conforming due to a past Ordinance amendment which eliminated the "carry- over" of B -2 uses into the B -3 zoning district. The site's legal non- conforming status and a conditional use permit previously issued for the site have lapsed due to lack of use. The site must now be rezoned and obtain a new CUP to operate as a gas station. Rezoning would re establish the gas /convenience operation as a conforming use. A similar rezoning was approved for the adjacent Citgo station at Little Canada Road and I -35E in 1999. The Citgo site was rezoned from B -3, general business, to B -2, auto - oriented business, to allow for an expansion to the motor fuel station to include a car wash. Staff recommends a B -4 zoning designation, as this would allow for a variety of commercial uses, other than a gas station use, on this site in the future. Conditional Use Permit. Motor fuel stations are allowed by conditional use permit in the B -2, Auto Oriented Business and B -4, Comprehensive Business districts, subject to the following conditions: 1. Regardless of whether the dispensing, sale or offering for sale of motor fuels and /or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this Ordinance for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. 2