This article shall hereafter be known and cited as the "sign regulations."

(Ord. of 8-13-02)

The purpose of this article is to establish reasonable regulations for the design, construction, installation, and maintenance of all exterior signs in the City of Beckley in order to:

(a)

Balance the right of individuals to identify their businesses and convey their messages and the right of the public to be protected against the unrestricted proliferation of signs.

(b)

Further objectives of the comprehensive plan.

(c)

Protect the public health, safety, and welfare.

(d)

Reduce traffic hazards.

(e)

Facilitate the creation of an attractive and harmonious community.

(f)

Protect property values.

(g)

Promote economic development.

(h)

Preserve the right of free speech exercised through the use of signs containing noncommercial messages.

(Ord. of 8-13-02)

Except as provided in section 15-315, it shall be unlawful for any person to erect, relocate, or structurally alter, within the City of Beckley, any sign or other advertising structure as defined in this article, without first obtaining a building permit and making payment of the fee required by section 15-308. All electrical signs shall, in addition, be subject to the provisions of the National Electrical Code and its requisite permit fees. No permit is required for change of copy or message.

(Ord. of 8-13-02)

Application for a building permit shall be made upon a form provided by the zoning officer and shall contain and have attached the following information:

(a)

Name, address, and telephone number of the applicant.

(b)

Location of building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or erected.

(c)

Position of the sign or other advertising structure in relation to nearby buildings or structures.

(d)

A blueprint or ink drawing to approximate scale of the plans and specifications and method of construction and attachment to the buildings or in the ground.

(e)

Copy of stress sheets and calculations showing that the structure is designed to meet the wind pressure and dead load requirements of this and all other laws and ordinances of the city, including, but not limited to, the state building code.

(f)

Name of the person erecting this structure.

(g)

Written consent of the owner of the building, structure, or land to which, or on which, the structure is to be erected.

(h)

Any required electrical permit.

(i)

Insurance policy or bond as required by section 15-310.

(j)

Such other information as the zoning officer shall require to show full compliance with this and all other laws and ordinances of the city.

(Ord. of 8-13-02)

The application for a permit fee for erection of a sign or other advertising structure in which electrical wiring and connectors are to be used shall be submitted to the city plans examiner prior to submission to the zoning officer. The city plans examiner shall examine the plans and specifications respecting all wiring and connectors to determine if they comply with the provisions of the National Electrical Code and shall approved the application for further consideration by the code enforcement department and the issuance of a building permit pursuant to section 4-200 et seq.

(Ord. of 8-13-02)

Upon the filing of an application for a building permit, the zoning officer or his designee shall:

(a)

Examine the plans and specifications and the premises upon which the proposed structure shall be erected.

(b)

Issue a permit if the proposed structure complies with the requirements of this article and all other laws and ordinances of the City of Beckley. If the work authorized under a building permit is not completed within six (6) months after date of issuance, the permit shall become null and void.

(Ord. of 8-13-02)

For every permit issued pursuant to section 15-306, the permittee shall pay to the recorder-treasurer an annual permit fee of one dollar ($1.00) per sign face for each sign or other advertising structure regulated by this article.

(Ord. of 8-13-02)

Within thirty (30) days after denial of a sign permit by the zoning officer, a request for variance may be filed with the board of zoning appeals. The board of zoning appeals may grant a variance if it finds that the unusual shape of topography of the property or other unique or extraordinary circumstance of the property in question prevents signage allowable under the provisions of this article from adequately identifying the business or activity located on such property. The board of zoning appeals may only grant a variance to:

(a)

Allow a setback less than required by this article; or

(b)

Allow the area or height of a sign to be increased by up to twenty-five (25) per cent of the maximum allowable height or area; or

(c)

Increase the height of ground signs within six hundred sixty (660) feet of an interstate highway interchange by more than twenty-five (25) per cent.

The board of zoning appeals shall hold a public hearing before determining if the variance should be granted.

(Ord. of 8-13-02)

Every applicant for a sign permit shall, before the permit is granted, file with the zoning officer a continuing bond in the penal sum of one thousand dollars ($1,000.00), executed by the applicant and a surety company to be approved by the city attorney and conditioned for the faithful observance of all laws and ordinances relating to signs and other advertising structures, and which shall indemnify and save harmless the City of Beckley from any and all damages, judgments, costs, or expenses which the city may incur or suffer by reason of the granting of the permit. Any person lawfully maintaining a sign or other advertising structure regulated by this article at the time of the enactment of this article shall within thirty (30) days after enactment, comply with all the provisions set forth in this section. A liability insurance policy issued by an insurance company authorized to do business in the State of West Virginia which conforms to the provisions of this section may be permitted in lieu of a bond.

(Ord. of 8-13-02)

The zoning officer may revoke any permit where there has been a violation of the provisions of this article or a material misrepresentation of fact on the permit application.

(Ord. of 8-13-02)

The following signs are exempt from the permit requirements of this article:

(a)

Temporary real estate signs not exceeding eight (8) square feet in area which advertise the sale, rental, or lease of the premises upon which the sign is located. Such signs shall be removed no later than seven (7) days following sale or rental of the subject property.

(b)

Temporary political signs concerning candidates for public office and ballot issues and not exceeding eight (8) square feet in area. Such signs shall be erected no earlier than sixty (60) days prior to an election or referendum and removed no later than seven (7) days after the election or referendum.

(c)

Temporary signs advertising the date, time, and location of a garage or yard sale and not exceeding four (4) square feet in area. Such signs shall be posted no more than three (3) days prior to and removed one (1) day after the sale.

(d)

Signs reviewed and approved under the Historic Landmark Commission Summary of Guidelines by the City of Beckley Historic Landmark Commission.

(e)

Public signs regulating vehicular or pedestrian traffic or designating or giving direction to streets, schools, hospitals, historical sites, or public facilities.

(f)

Flags of any government or governmental agency or any patriotic, religious, charitable, civic, educational, or fraternal organization.

(g)

Temporary signs in conjunction with special events such as a philanthropic campaign or church, circus, carnival, or other community activity. Such signs shall not exceed forty (40) square feet in area, shall not be erected more than fourteen (14) days in advance of the event and shall be removed within three (3) days after the termination of the event and shall be removed within three (3) days after the termination of the event.

(h)

Temporary displays or decorations customarily associated with any national, state, local, or religious holiday or celebration. Such signs shall be erected no more than sixty (60) days before and removed no later than fourteen (14) days after the celebration.

(i)

Handheld signs of a noncommercial nature not set on or affixed to the ground and not exceeding ten (10) square feet in area.

(j)

Temporary signs identifying the architect, engineer, developer, or contractor when placed upon construction sites, and not exceeding sixty-four (64) square feet in area. Such signs shall not be erected prior to approval of a site plan and shall be removed no later than seven (7) days after completion of the project.

(k)

Commercial building occupational signs identifying the name and profession of the occupant(s) and not exceeding two (2) square feet in area.

(l)

Memorial or commemorative plaques or tablets denoting a building name and/or date of erection or a location of historic significance and not exceeding four (4) square feet in area.

(m)

Property identification signs indicating address and/or name and not exceeding two (2) square feet in area for residential land uses or five (5) square feet in area for nonresidential land uses.

(Ord. of 8-13-02)

No sign or other advertising structure shall be erected or maintained in violation of the permit requirements of section 15-304.

(Ord. of 8-13-02)

No sign or other advertising structure shall be inadequately maintained so as to show evidence of deterioration including peeling, rust, dirt, facing, discoloration, or holes.

(Ord. of 8-13-02)

No sign or other advertising structure shall advertise a business or product which is no longer in existence.

(Ord. of 8-13-02)

No sign or other advertising structure shall be erected, relocated, or maintained so as to prevent free ingress or egress from any door, window, or fire escape. No sign of any kind shall be attached to a stand pipe or fire escape.

(Ord. of 8-13-02)

No sign or other advertising structure shall:

(a)

Obstruct free and clear vision at any street intersection.

(b)

Interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device because of its position, shape, or color.

(c)

Make use of the words "STOP", "LOOK", "DANGER", or any other word, phrase, symbol, or character in a manner that interferes with, misleads, or confuses traffic.

(Ord. of 8-13-02)

No sign or other advertising structure shall constitute a hazard to safety or health by reason of inadequate design, construction, repair, or maintenance.

(Ord. of 8-13-02)

No sign or other advertising structure shall be illuminated with lights which glare into or upon the surrounding area or any residential premises or distract operators of vehicles or pedestrians in the public right-of-way.

(Ord. of 8-13-02)

No sign or other advertising structure shall be painted on or attached to a motor vehicle used primarily for the display of such sign. This section shall not prohibit the identification of a business or its products or services on its vehicle(s) operated and parked in a manner appropriate to the normal course of business.

(Ord. of 8-13-02)

No sign or other advertising structure shall have visible moving, revolving, or rotating parts or visible mechanical movement of any kind, except for the movable hands on street clocks, or other apparent visible movement achieved by electrical, electronics, or mechanical means, except for time-temperature-date signs.

(Ord. of 8-13-02)

No sign or other advertising structure shall have lights or illumination that flash, move, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsations except for signs that present public service messages, time, date, and temperature information, or advertising by use of words on a permanent message board. Message boards or LED (light emitting diode) signs that present public service messages, time, date, and temperature, and advertising shall be permitted only in B-1, B-2, B-3, and M Zoning Districts. The message boards shall not exceed the width of the building or eight (8) feet in height.

(Ord. of 8-13-02; Ord. of 7-27-04)

(a)

Definition. Ground sign as regulated by this article shall mean any sign supported by uprights or braces placed upon the ground and not attached to any building.

(b)

Construction.

(1)

Material required. Ground signs shall have a surface or facing of incombustible material.

(2)

Letters, etc., to be secured. All letters, figures, characters, or representations in cut-out or irregular form, maintained in conjunction with, attached to, or superimposed upon any sign shall be safely and securely built or attached to the sign structure.

(c)

Location.

(1)

Height and area limitations. Ground signs shall not exceed a height greater than thirty-five (35) feet above the level of the street upon which the sign faces, or above the adjoining ground level, if such ground level is above the street level. Ground signs shall not exceed in area, twenty-five (25) per cent of the frontage area of the building it services, or two hundred (200) square feet, whichever shall be smaller. A billboard sign may not exceed three hundred (300) square feet in area or twenty-five (25) per cent of the area of the building it is attached to whichever shall be smaller.

(2)

Space between sign and ground and other signs and structures. Ground signs shall have an open space not less than two (2) feet between the baseline of said sign and the ground level. This open space may be filled in with a platform or decorative lattice work which does not close off more than one-half (½) of any square foot of such open space. This open space shall be not be required for monument signs. No ground sign shall be nearer than two (2) feet to any other sign, building, or structure except for directory or signs approved by the zoning officer for grade placement.

(3)

Setback line. Ground signs shall be set back at least ten (10) feet from the property line of the property on which the sign is erected.

(d)

Erection.

(1)

Braces, anchorages, and supports. Ground signs shall be securely built, constructed, and erected upon posts and standards sunk at least three (3) feet below the natural surface of the ground, and shall be supported and braced by timbers, or metal rods in the rear, extending from the top to a point in the ground at least a distance equal to one-half (½) the height of such sign, measured along the ground, from the posts or standards upon which the sign is erected, or shall be braced and anchored in a comparable manner, designed by a registered design professional, in compliance with the state building code.

(2)

Wood preservative. All wooden posts, anchors, and braces which rest upon or enter into the ground shall be treated with copper chromated arsencial (CCA) or another commercially available wood preservative.

(3)

Wind pressure and dead load requirements. Ground signs shall conform to the requirements of the state building code.

(e)

Maintenance. Ground signs and their surrounding premises shall be maintained in a clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish, and weeds.

(Ord. of 8-13-02)

(a)

Definition. Wall sign, as regulated by this article, shall mean all flat signs of solid face construction which are placed against building or other structure and attached to the exterior front, rear, or side wall of any building or other structure.

(b)

Construction materials required. Wall signs shall have a surface or facing of incombustible materials.

(c)

Location.

(1)

Limitation of placement and area. No wall sign shall cover wholly or partially any wall opening, nor project beyond the ends or top of the wall to which it is attached. No wall sign shall exceed one hundred (100) square feet in area.

(2)

Projection above sidewalk and setback line. No wall sign shall be permitted to extend more than six (6) inches beyond the building line, and shall not be attached to a wall at a height of less than ten (10) feet above the sidewalk or ground.

(d)

Erection.

(1)

Supports and attachments. Wall signs shall be safely and securely attached to the building wall by means of metal anchors, bolts, or expansion screws of not less than three-eighths (⅜) inch diameter embedded into the wall at least five (5) inches. However, such signs may rest in or be bolted to strong, heavy metal brackets or saddles set not over six (6) feet apart, each of which shall be securely fixed to the wall as provided above. In no case shall any wall sign be secured with wire, strips of wood, or nails.

(2)

Wind pressure and dead load requirements. All wall signs shall conform to the requirements of the state building code.

(Ord. of 8-13-02)

(a)

Definition. Roof sign, as regulated by this article, shall mean any sign erected, constructed, and maintained wholly upon or above the roof of any building with the principle support attached to the roof structure.

(b)

Construction materials required. Roof signs, including upright supports and braces, shall be constructed entirely of incombustible materials.

(c)

Location.

(1)

Height and area limitations. No roof sign shall have a surface or facing exceeding three hundred (300) square feet, nor have its highest point extended more than twenty (20) feet above the roof level.

(2)

Setback from roof edge. No roof sign shall be erected or maintained with the face nearer than five (5) feet to the outside wall toward the sign faces.

(3)

Space between roof and sign. The space between a roof and sign shall be based on structural and wind load considerations, in compliance with the state building code, as determined by the plans examiner during the plan review process.

(4)

Prohibited obstructions. No roof sign shall be placed on the roof of any building or structure in such manner as to prevent free passage along the roof or interfere with openings in the roof.

(d)

Erection.

(1)

Bracing, anchorage, and supports. Roof signs shall be thoroughly secured to the buildings by iron or other metal anchors, bolts, supports, rods, or braces. When erected upon buildings which are not constructed entirely of fireproof material, the bearing plates of said sign shall bear directly upon masonry walls and intermediate steel columns in the building. No sign shall be supported or anchored to the wooden framework of a building.

(2)

Wind pressure and dead load requirements. All roof signs shall conform to the requirements of the state building code.

(Ord. of 8-13-02)

(a)

Definitions.

(1)

Projecting sign, as regulated by this article, shall mean any sign which is attached to a building or other structure and extends beyond the line of the building or structure or beyond the surface of that portion of the building or structure to which it is attached. All projecting signs shall be electrical signs as defined in section 15-305.

(2)

Horizontal projecting signs shall mean any sign which is greater in width than in height.

(3)

Vertical projecting sign shall mean any sign which is greater in height than in width.

(b)

Construction.

(1)

[Design.] Projecting signs, including frames, braces, and supports shall be designed by a registered design professional or manufacturer, constructed of incombustible materials, and two-faced.

(2)

Illumination. Reflectors shall be provided with the proper glass lenses concentrating that illumination upon the area of the sign and preventing glare upon the street or adjacent property. No floodlight or spotlight nor reflectors of the goose neck type shall be permitted on projecting signs.

(3)

Glass requirements. The letter or advertising designs to be illuminated may be composed of glass or other transparent or semi-transparent incombustible material. Any glass forming a part of any sign shall be safety glass or plate glass at least one-quarter (¼) inch thick; and in case any single piece or pane of glass has an area exceeding three (3) square feet, it shall be wired glass. One section, not exceeding three (3) square feet in area, constructed of wire glass or safety glass shall be permitted on each side of a sign.

(4)

Moveable parts to be secured. Any movable part of a projecting sign such as the cover of a service opening shall be securely fastened by chains or hinges.

(5)

Area limitations. Projecting signs shall be limited in area as follows:

a.

Horizontal projecting signs shall not exceed twenty-five (25) square feet on each side.

b.

Vertical projecting signs shall not exceed fifty (50) square feet on each side.

(6)

Thickness limitation. The distance measured between the principal faces of any projecting sign shall not exceed eighteen (18) inches.

(c)

Location; projection over public property. Every projecting sign shall be placed at least ten (10) feet above the public sidewalk over which it is erected, no more than two (2) feet from the point of the sign nearest the wall, and at least one (1) foot from the curb line. Every projecting sign shall be placed at least fifteen (15) feet above the public driveway, alley, or thoroughfare over which it is erected.

(d)

Erection.

(1)

Bracing, anchorage, and supports. Projecting signs exceeding ten (10) square feet in area or fifty (50) pounds in weight shall not be attached to, nor supported by frame buildings nor the wooden framework of a building. Such signs shall be attached to masonry walls with galvanized expansion bolts at least three-eighths (⅜) inch in diameter, shall be fixed in the wall by means of bolts extending through the wall, shall contain proper size metal washers or plate on the inside of the wall, and shall comply with the wind pressure and dead load requirements of the state building code.

(2)

Prohibited anchorage. No projecting sign shall be secured with wire, strips of wood, or nails, nor shall any projecting sign be hung or secured to any other sign.

(e)

V-shaped signs prohibited. V-shaped signs consisting of two-faced signs erected without a roof or ceiling shall not be permitted.

(Ord. of 8-13-02)

(a)

Definition. Temporary sign, as regulated by this article, shall mean any sign, banner, pennant, or other advertising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, intended to be displayed for a limited period of time.

(b)

Construction.

(1)

Materials and area limitations. No temporary sign of combustible material shall exceed four (4) feet in one of its dimensions or one hundred (100) square feet in area. Such signs in excess of sixty (60) square feet shall be made of rigid materials such as wall board or other light materials with frames.

(2)

Weight limitations. Temporary signs weighing in excess of fifty (50) pounds must be approved by the chief of code enforcement as conforming to the safety requirements of the state building code.

(c)

Location; projection over public property. No temporary sign shall extend over or into any street, alley, sidewalk, or other public thoroughfare more than four (4) inches from the wall upon which it is erected and shall not be placed or project over any wall opening. This shall not apply to banner signs attached to utility poles, extended across a street, approved by the board of public works.

(d)

Erection, anchorage, and support. Every temporary sign shall be attached with wire or steel cable. No strings, ropes, or wood slats for anchorage or support purposes shall be permitted.

(e)

Duration of permits. Permits for temporary signs shall authorize their erection and maintenance for a period not exceeding thirty (30) days.

(f)

Advertising permitted. The advertisement contained on any temporary sign shall pertain only to the business, industry, or pursuit conducted on or within the premises on which such sign is erected or maintained. This provisions shall not apply to signs of a civic, political, or religious nature.

(Ord. of 8-13-02)

(a)

Definition. Marquee, as regulated by this article, shall mean any hood or awning of permanent construction projecting from the wall of a building above an entrance and extending over a thoroughfare.

(b)

Construction.

(1)

Marquees, including the anchors, bolts, supports, rods, and braces shall be constructed of incombustible materials, designed by a registered design professional, and illuminated.

(2)

Marquee roofs shall be property guttered and connected by downspouts to a storm sewer so that rainwater will not drip or flow onto public property.

(3)

Marquee roofs shall be used for no other purpose than to form and constitute a roof, and at least twenty-five (25) per cent of the roof of every marquee shall be of glass or other incombustible transparent substance.

(c)

Location.

(1)

No portion of a marquee shall be less than ten (10) feet above the level of the sidewalk or other public thoroughfare over which it is erected.

(2)

No marquee shall be permitted to extend beyond a point one (1) foot inside the curbline.

(3)

Width. No marquee shall be wider than the entrance or entrances of the building, plus five (5) feet on each side. However, where the entrances to a building are not more than twenty (20) feet apart, a marquee may be made a continuous single structure between the entrances.

(d)

Erection.

(1)

Marquees shall be supported solely by the building to which they are attached, and no columns or posts shall be used as supports.

(2)

Marquee roofs, except the glass area required, shall be designed and constructed to support a live load not less than one hundred (100) pounds per square foot. Marquees shall be designed to meet the wind pressure requirements provided in section 15-322.

(3)

No marquee shall be erected on any building of wood-frame construction unless attached to the masonry, concrete, or steel supports of the building.

(e)

Signs attached to marquee. Signs attached to or hung from a marquee shall be completely within the borderline of the marquee outer edge and shall, in no instance, be lower than ten (10) feet above the sidewalk or public thoroughfare. No sign or advertising material shall exceed five (5) feet in height exclusive of the name of the establishment exhibiting such marquee. No advertising material shall be placed upon the roof of any marquee.

(f)

Illumination required. Marquees projecting over public property shall be illuminated by at least sixteen (16) candle power of illumination for each fifty (50) square feet or fraction thereof of area from sunset to 11:00 p.m. every Monday through Saturday night of each week.

(Ord. of 8-13-02)

(a)

Definition. Billboard sign, as regulated by this article, shall mean any sign which is not located on the premises that it advertises or identifies.

(b)

Size. All billboards must comply with section 15-322, section 15-323, section 15-324, or section 15-325, whichever is applicable for the maximum allowable size of the sign. No displays may be placed in a side-by-side nature, or stacked on top of each other, but there shall be allowed displays to be placed back-to-back in a parallel manner. V-type construction shall be permitted provided the widest portion of the "V" shall not exceed ten (10) feet in width.

(c)

Height. All billboards must comply with section 15-322, section 15-323, section 15-324, or section 15-325, whichever is applicable for the maximum allowable height of the sign.

(d)

Spacing. No billboard structure shall be erected closer than one thousand five hundred (1,500) feet to any other such billboard. Provided, there shall be no billboard erected in any area not zoned manufacturing or business and located adjacent to a roadway designated federal-aid highway or interstate highway.

(e)

Setback. All billboards must comply with section 15-322, section 15-323, section 15-324, or section 15-325, whichever is applicable for the allowable setback.

(Ord. of 8-13-02; Ord. of 5-28-13)

Any sign or other advertising structure legally in existence on the date of the adoption of this chapter may continue in its current nonconforming use, but shall not be enlarged or expanded although its current such use does not conform to the regulations specified by this chapter, as long as the nonconforming use has not been abandoned for more than thirty (30) days. An unlawful sign, for purposes of this section, is not a nonconforming sign. No nonconforming sign is required to be removed solely by the passage of time if to so require is otherwise prohibited by state or federal law.

(Ord. of 8-13-02)

If the zoning officer finds that any sign or other advertising structure is prohibited by the provisions of this article, the zoning officer shall give written notice to the permittee or the owner of the property upon which the structure is located. If the permittee or owner fails to remove or alter the structure so as to comply with the standards set forth in this article within ten (10) days after such notice, the zoning officer may undertake such removal or alteration as is necessary to bring the structure into compliance and assess the costs to the permittee and/or owner. The zoning officer may cause any sign or other advertising structure which presents an immediate peril to persons or property to be removed or altered immediately and without notice.

(Ord. of 8-13-02)

Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not exceeding five hundred dollars ($500.00). Each day such violation is committed or permitted to continue shall constitute a separate offense.

(Ord. of 8-13-02)

If any provision of this article, or the application thereof to only person or circumstances, shall be held invalidity by any court of competent jurisdiction. Such invalidity shall not affect the other provision, or application thereof, of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are hereby declared to be severable.

(Ord. of 8-13-02)

Any sign allowed under this article may contain, in lieu of any other copy, any lawful noncommercial message that does not direct attention to a business operated for profit or to a commodity or service for sale and that complies with all other requirements of this article.

(Ord. of 8-13-02)

This chapter shall take effect upon passage [August 13, 2002].

(Ord. of 8-13-02)