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Bluefield City Zoning Code

ARTICLE IX

SIGNS, CANOPIES, AWNINGS, MARQUEES

Sec. 44-296.- Definitions.

For the purpose of this chapter, signs and certain categories of signs are defined as follows:

Off-site sign means a sign other than an on-site sign.

On-site sign means a sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities on the premises. On-site signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.

Sign means any device designated to inform or attract the attention of persons not on the premises on which the sign is located; provided, however, that the following shall not be included in the application of the regulations herein:

(1)

Signs not exceeding one square foot in area and bearing only property numbers, post box numbers, names of occupants of premises, or other identification of premises not having commercial connotations;

(2)

Flags and insignia of any government except when displayed in connection with commercial promotion;

(3)

Legal notices; identification, informational or directional signs erected or required by governmental bodies; historical markers;

(4)

Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights; or

(5)

Signs directing and guiding traffic and parking on private property, but bearing no advertising matter.

(Code 1974, § 23-73; Ord. of 10-17-1978, § 23-73)

Sec. 44-297. - Interpretation.

For the purpose of determining number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign. The surface area of a sign shall be computed as including the entire area within a rectangle, triangle, circle, or other regular geometric form comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not bearing advertising matter shall not be included in computation of surface area.

(Code 1974, § 23-74; Ord. of 10-17-1978, § 23-74)

Sec. 44-298. - General regulations.

(a)

No sign, canopy, awning, marquee, or like structure shall be placed in such a position that it will cause danger to traffic on a street by obscuring the view. No sign shall be erected or maintained which imitates or resembles any official traffic sign, signal, or device. No sign incorporating red, amber, or green lights shall be permitted in such proximity to a traffic signal light that, in the opinion of the city engineer, it could be mistaken for such traffic signal by a driver.

(b)

No sign, canopy, awning, marquee, or like structure shall be erected in or project into any public park, street, or highway, or over, or in, or into any sidewalk in the city except as herein provided. Temporary awnings projecting over a public sidewalk may be permitted during the summer or customary seasons of the year, provided that they are erected and maintained in a safe and proper manner. On business buildings constructed with no front yard, a sign mounted flush on the face of such building may project not more than ten inches into or over the sidewalk except as permitted in section 44-300(a)(2). The board of adjustment may permit, as a special exception in the BC central business district only, a permanent canopy or marquee over a public sidewalk.

(c)

Signs of any size mounted on trailers, and other portable signs with an area on one side in excess of ten square feet, are strictly prohibited, and no variance or special exception shall be granted authorizing such a sign. A truck or other vehicle displaying a sign larger than ten square feet in area may circulate in the streets of the city, but no vehicle displaying such a sign shall be parked outside an enclosed building for longer than ten minutes.

(d)

No sign shall incorporate a bare incandescent bulb with wattage exceeding 20 watts, except as a shielded, indirect light source. No illuminated sign shall be permitted which produces an illumination exceeding 0.5 footcandles in a residence district.

(e)

Electric or illuminated signs shall be installed in strict conformity with the electrical code of the city. No electrical wire or cable serving an electric or illuminated sign shall be laid on the surface of the ground.

(f)

Signs shall not be erected or maintained upon trees, or painted or drawn upon rocks or other natural features.

(g)

All signs, canopies, awnings, marquees, and like structures shall be kept in good repair and shall not be permitted to become unsightly or dilapidated.

(Code 1974, § 23-75; Ord. of 10-17-1978, § 23-75)

Sec. 44-299. - Residential districts.

The following types of signs and no others shall be permitted in a residential district:

(1)

One sign on any one premises announcing the conduct of a home occupation, provided that such sign shall not exceed three square feet in area, shall be non-illuminated, and shall be mounted flat against the wall of the principal building;

(2)

One identification sign each for schools, churches, hospitals, or similar institutions provided that the area on any one side of any such sign shall not exceed 24 square feet; and one identification sign each for clubs, lodges, farms, or similar uses, provided that the area on one side of any such sign shall not exceed 12 square feet;

(3)

Real estate signs advertising the sale, rental, or development of premises, provided that the area on one side of such sign shall not exceed 12 square feet. Real estate signs shall be located at least 15 feet from any street line;

(4)

Temporary signs of building contractors and artisans, provided that such signs shall be removed upon completion of the work;

(5)

An ornamental gateway leading to a residential subdivision or district may incorporate a sign announcing the name of such subdivision or district, but not including the name of the developer or other commercial information. Such a sign shall not exceed 45 square feet in area. Such a gateway shall comply with all regulations of this chapter relating to vision at street corners;

(6)

When a funeral home, nursing home, or medical or dental clinic is authorized in a residential district as a special exception, the board of adjustment shall specify the number, type, and size of signs to be allowed for such use; and

(7)

The board of adjustment may, as a special exception, permit temporary signs and displays in connection with civic activities such as clean-up and fund raising activities.

(Code 1974, § 23-76; Ord. of 10-17-1978, § 23-76)

Sec. 44-300. - Business and industrial districts.

(a)

On-site signs. On-site signs in business and industrial districts shall be subject to the following regulations:

(1)

Wall signs. Signs shall be stationary, nonflashing, single-faced and be attached to a building. No sign shall project more than 18 inches beyond the face of a building or project above the parapet or roof line of the building face to which it is attached. The face areas of such signs shall not exceed a length of 25 feet nor a height of six feet.

(2)

Post signs. One post sign will be permitted for each individual business conducted on the premises. Signs shall be stationary, nonflashing and must be erected with a minimum clearance of ten feet from the surface and a maximum height of 20 feet. All post signs must be constructed clear of public property lines and must not exceed 100 square feet in area per face.

(3)

Ground signs. Ground signs will be allowed in landscaped areas in all business districts. Ground signs can be placed on one or more posts. A ground sign may have a face size no larger than five percent of the landscaped area in which it is set, with a maximum size of 25 square feet. The maximum height of a ground sign shall be eight feet.

(4)

Temporary signs. Temporary signs of building contractors and artisans will be allowed in all business districts, provided that such signs shall be removed upon completion of the work.

(b)

Special regulations for on-site signs according to districts. The following regulations apply to certain districts:

(1)

BC central business district. On-site signs shall be flush with the face or side of the building and shall not project more than 18 inches beyond the face or side of the building, except upon special variance applied for and granted. No on-site sign shall extend more than 60 inches beyond the face or side of the building, nor shall any be located so that the bottom of such sign, including its supporting structure, shall be less than nine feet above the surface of the sidewalk at the location of the sign. No sign shall be mounted on a roof in a BC central business district, except as permitted by a variance applied for and granted. No sign, except a sign painted or mounted flush on the side of the building, shall exceed 20 feet in height.

(2)

Industrial districts. There shall be not more than one post sign and one wall sign for each commercial location within an industrial district. No sign, except a sign painted or mounted flush on the face or side of a building, shall exceed 20 feet in height.

(3)

BH; highway; related commercial districts. No sign shall exceed 100 feet in height.

(c)

Off-site signs. In districts where off-site signs are permitted, the following regulations shall apply:

(1)

Maximum area. Maximum area for any one sign shall be 12 feet long by six feet high, inclusive of border and trim but excluding the base supports and structural members. Signs shall be professionally manufactured metal units.

(2)

Bottom of sign. The bottom of the sign or sign frame shall be not less than three feet above finished grade or sidewall, level at the option of the permittee. This three-foot space shall be open and unobstructed except for sign supports and structural members. The top of the sign or sign frame shall not exceed 20 feet in height. No sign shall be placed or maintained so as to impede a clear and unimpeded view by motorists at intersections.

(3)

Number of signs per sign structure. A sign structure may contain two signs per facing, one atop the other or side by side.

(4)

Space between signs. In all commercial districts, there shall be not less than 500 feet between each off-site structure on the same side of any public street or highway. In BC districts, these shall be not less than 300 feet between off-site sign structures on the same side of any public street or highway. The board of adjustment may, as a special exception, consider applications for signs within the BC central business district located less than 300 feet apart, where, in the discretion of the board, existing topographical conditions might allow a closer spacing without frustrating the intent of this chapter.

(5)

Scenic views. Off-site signs shall not be permitted to be established in areas of scenic view specifically limited to the following areas: Within or within 500 feet north of the northern right-of-way line of U.S. Route 460 within the corporate limits.

(d)

Regulations applying to all signs:

(1)

Signs projecting over public property. Signs projecting from a building or extending over public property shall maintain a clear height of nine feet above the sidewalk or ground level, and all such signs shall not extend closer to the street than 18 inches from the property side of the curve line.

(2)

Lighting. Signs may be illuminated, subject to the following restrictions:

a.

No outdoor advertising may contain lighting which is not shielded, and any lighting shall be of such low intensity as not to cause glare or impair the vision of any operator of any motor vehicle.

b.

No sign shall be illuminated by any rapid flashing intermittent light or lights, which change in a time sequence faster than 12 cycles/revolutions per minute. No off-site or on-site signs shall be illuminated contrary to rule or regulation of the state department of highways along controlled-access or federally funded corridors.

(3)

Sign maintenance. All signs shall be maintained and kept in good repair. No property owner or business tenant shall allow any sign to remain in place which is in disrepair or which advertises for a business no longer in operation. Upon notice from the appropriate city agency, any property owner or business tenant shall promptly, and in no case later than 30 days, remove or repair any such sign. In default of compliance with such notice, then the city shall remove any such sign in disrepair or for a business no longer functioning and bill the property owner or business tenant, as the case may appear, for said work.

(Code 1974, § 23-77; Ord. of 10-17-1978, § 23-77; Ord. No. 83-1, § 2, 6-7-1983; Ord. No. 88-14, 4-18-1989; Ord. No. 88-27, § 1-2-1991; Ord. of 11-26-2002; Ord. No. 2004-3, 10-28-2003)

Sec. 44-301. - Campaign signs; removal of nonconforming signs.

(a)

Campaign signs. Signs promoting candidacy, or announcing support for political candidates, political measures, citizens initiatives, excess levys, and like temporary displays on business or residential private property within the city shall be permitted, so long as the surface area of each such sign does not exceed 24 by 24 inches on any one side.

(b)

Nondurable and temporary signs. Signs which do not conform to the requirements of this chapter with respect to number, sign surface area, location on the lot, or otherwise, and which are made of paper, cloth or other nondurable material or are freestanding signs not affixed to a building or the ground shall be removed within six months after the effective date of the ordinance from which this chapter is derived.

(c)

Signs in public right-of-way. It shall be unlawful for any person to maintain or keep any such sign in, on, or over a public street right-of-way except as provided in section 44-298(b).

(Code 1974, § 23-78; Ord. of 10-17-1978, § 23-78; Ord. of 3-28-2000)