Board denies Hartz Branch Village sign setback variance; orders removal within 30 days

The Smyrna Board of Zoning Appeals voted to deny a request from Hartz Branch Village to retain subdivision entrance signs placed inside required roadway setbacks and on top of utility infrastructure.

Staff reported the sign on Gaunt Drive sits above a sewer main and that both entrance signs fall short of the sign ordinance’s 75-foot setback from the center point of the intersection. Staff said the public-works director would permit placing a sign on the slope of drainage features but not on top of drainage pipes. The board found those factors supported denial and added a 30-day removal requirement for the existing signs.

Mitch (staff) told the board the sign on Gaunt Drive “is located above a sewer main which the utilities department has indicated will have to be relocated for the sign itself.” A board member, Jerome, moved to deny the variance, then amended the motion to add a 30-day removal deadline; Jerome stated the denial was “based on sight distance being located within existing easements and, have this removed within 30 days.” The motion was seconded and approved by voice vote.

Staff noted vision-triangle and speed-limit considerations could affect required sight-distance; the public-works director had said the sign could be positioned on an adjacent slope so long as no drainage structures are blocked. The denial requires the sign owner to relocate or remove the signs and follow the town’s permitting process before reinstallation.

The board’s action applied to the variance request only; if the applicant seeks to reinstall signs in compliance with ordinance setbacks and utility constraints, they must obtain the appropriate permits and clearances.