Bridgeport City Zoning Code
CHAPTER THREE
Zoning Districts and Regulations
1313.01 DISTRICTS.
The City is hereby divided into six Use Districts, which shall be known as :
A-1 Agricultural District.
R-1 Residence District
R-2 Residence District
R-3 Residence District
BPO-1 Business and Professional Office District
B-1 Business District
B-2 Business District
I-1 Industry District
I-2 Industry District (Aerospace)
(Ord. 6-00. Passed 8-14-00.)
1313.02 ANNEXED AREAS.
Property which may be hereafter annexed to the City shall immediately be classified consistent with its existing use by City Council at its next regular scheduled meeting after annexation is approved by the governing body of Harrison County and be subject to all conditions and regulations applicable to property in such districts.
(Ord. 6-00. Passed 8-14-00.)
1313.03 ZONING MAP DEFINED.
The map herein referred to, which is identified by the title of the “Zone Map of Bridgeport, West Virginia,” and which is hereby declared to be part of this Ordinance, shall be known as the Zone Map.
1313.04 DISTRICT BOUNDARIES.
The location and boundaries of districts are and shall be as shown on the Zone Map; provided that, where the designation on the Map indicates a district boundary approximately on a street or alley line or on a lot line, the centerline of such street approximately on a street or alley line or on a lot line, the centerline of such street or alley, or such lot line, shall be construed to be the boundary.
Where uncertainty exists as to the exact boundaries of any district as shown on the Map the following rules shall apply:
(a) In unsubdivided areas, or where a district boundary subdivides a lot, the exact location of the boundary line shall be determined by use of the scale of the Map.
(b) In the case of further uncertainty, the Board of Zoning Appeals shall interpret the intent of the Map as to the location of the boundary in question.
1315.005 A-1 AGRICULTURAL DISTRICT.
(a) Definition. "Agriculture" means the use of land for farming, dairying, grazing of livestock, horticulture, animal and poultry husbandry and the accessory uses required for packing, treating or storing the produce, provided further that agricultural activity shall not include stockyards, commercial slaughter house, commercial feed lots or other clearly commercial enterprises.
(b) Principal Permitted Uses.
(1) Agricultural activity.
(2) Single-family dwellings limited to farmsteads and tenant/farmworker housing.
Maximum density shall be three units per fifty acres.
(3) Country clubs and associated golf courses, but not including golf driving ranges, par three courses or miniature golf course.
(4) Parks and forest preserves.
(5) Medical Cannabis Growing Facility.
(c) Permitted Accessory Uses.
(1) Accessory buildings or uses incidental to principal uses.
(2) Temporary buildings and uses for construction and mineral extraction purposes only and not for dwelling purposes nor for a period that exceeds the completion of the construction or extraction activity.
(d) Permitted Special Uses.
(1) Mineral extraction including gas, coal, oil, rock and gravel.
(2) Public utility stations including electric substations; gas regulator stations; metering, distribution or collecting equipment and structures.
(3) Communication towers such as microwaves, radar, radio, telecommunication, or television transmission or receiving towers; and other similar facilities. Location and installation as provided in Chart 7.
(e) Minimum Lot area, Frontage and Yard Requirements. As provided in Chart l.
(f) Off-Street Parking Spaces. As provided in Chart 5.
(Passed 11-23-21.)
1315.01 R-1 RESIDENCE DISTRICT.
In an R-1 Residence District, land may be used and buildings erected, altered or used only for the following:
(a) Principal Permitted Uses.
(1) One-family dwellings having a minimum of twenty-three feet in width across its narrowest point.
(2) Public and nonprofit schools.
(3) Churches and similar places of worship, parish houses and convents.
(4) Public parks and playgrounds, not including an amusement park operated for profit.
(b) Permitted Accessory Uses.
(1) A private garage, located behind the principal structure, if a separate building; or in a suitable room within or attached to the dwelling and may include a driveway necessary to provide ingress and egress provided that on a through lot, it may be so located as to be not closer than thirty feet to either street.
(2) Any form of agriculture or horticulture except the keeping of livestock, general farming, dairying, animal and poultry husbandry, and keeping of bees.
(c) Permitted Special Uses.
(1) Public utility installations.
(2) Cemetery.
(3) Governmental services such as police, fire stations, libraries, community buildings either owned by the City or area churches.
(d) Lot Area, Frontage and Yard Requirements. As provided in Chart 1.
(e) Off-Street Parking Spaces. As provided in Chart 5.
(Ord. 6-00. Passed 8-14-00.)
1315.02 R-2 RESIDENCE DISTRICT.
(a) Principal Permitted Uses.
(1) Any R-1 District principal permitted use.
(2) Two-family dwellings.
(b) Permitted Accessory Uses. Any R-1 District permitted accessory use.
(c) Permitted Special Uses.
(1) Any R-1 District permitted special use.
(2) Type I manufactured homes.
(d) Lot Area, Frontage and Yard Requirements. As provided in Chart 2.
(e) Off-Street Parking Spaces.
As provided in Chart 5.
(Ord. 6-00. Passed 8-14-00.)
1315.03 R-3 RESIDENCE DISTRICT.
(a) Principal Permitted Uses.
(1) Any R-2 District principal permitted use.
(2) Dwelling - multiple unit.
(3) Condominium.
(4) Type I manufactured homes.
(6) Zero lot line development.
(b) Permitted Accessory Uses. Any R-2 District permitted accessory use.
(c) Permitted Special Uses.
(1) Any R-2 District permitted special use.
(2) Boarding house, rooming houses, bed and breakfast facilities; but not hotels, motels or tourist cabins.
(3) Conversion to increase the number of dwelling units.
(d) Lot Area, Frontage and Yard Requirements.
As provided in Chart 3.
(e) Off-Street Parking Spaces.
As provided in Chart 5.
(Ord. 6-00. Passed 8-14-00.)
1315.035 BPO-1 PROFESSIONAL OFFICE DISTRICT.
(a) Principal Permitted Uses.
(1) Business or financial services.
(2) Any R-3 District principal permitted use.
(b) Permitted Accessory Uses.
(1) Any associated use consistent with permitted or permitted special uses.
(c) Permitted Special Uses.
(1) Any R-3 District special permitted use.
(2) Neighborhood convenience stores (excluding wholesale sales and sales of fuel).
(3) Day care family.
(4) Day care group.
(d) Lot Area, Frontage and Yard Requirements.
(1) Dwellings, as provided in Chart 3 including:
A. One-Family.
B. Two-Family.
C. Multiple Unit.
D. Type I Manufactured.
E. Condominium.
F. Planned Group.
G. Zero Lot Line Development.
(2) Business or financial service as provided in Chart 6.
(e) Off-Street Parking.
(1) Dwellings - as provided in Chart 5.
(2) Business or financial service - As provided in Chart 5.
(Ord. 6-00. Passed 8-14-00.)
1315.04 B-1 BUSINESS DISTRICT.
(a) Principal Permitted Uses.
(1) Amusement center.
(2) Automotive repair - minor.
(3) Automotive service station.
(4) Commercial, light.
(5) Commercial center, convenience.
(6) Commercial center, neighborhoods.
(7) Commercial retail sales and services.
(8) Congregate residence.
(9) Convalescent or nursing home.
(10) Automotive, self-service.
(11) Garage - public.
(12) Parking lot.
(13) Recreation - indoor.
(14) Restaurant - general, take out, fast food.
(15) Funeral home, mortuary.
(16) Theater.
(17) Private club without ABC license, lodge, membership association and corporations.
(18) Wholesale business with a total floor area not exceeding 20,000 square feet.
(19) Any BPO-1 District principal permitted use.
(20) Any BPO-1 District permitted special use.
(b) Permitted Accessory Uses.
Any associated use consistent with permitted or permitted special use.
(Ord. 6-00. Passed 8-14-00.)
(c) Permitted Special Uses.
(1) Restaurant. General Use with ABC License in conformity with requirements of laws or ordinances governing such use by the State of West Virginia. (Ord. 02-07. Passed 10-22-07.)
(d) Minimum Lot Area, Frontage and Yard Requirements.
(1) Dwellings, as provided in Chart 3 including:
A. One-Family.
B. Two-Family.
C. Multiple Unit.
D. Type I Manufactured.
E. Condominium.
F. Planned Group.
G. Zero Lot Line Development.
(2) All other uses (as provided in Chart 4).
(e) Off-Street Parking Spaces. As provided in Chart 5; provided, however, parking spaces required by Chart 5 may be located within 300 feet of the lot or parcel upon which the business is conducted with written approval of other property owners and only if there are excess parking spaces. A space can not be utilized to satisfy the requirements for two or more establishments. (Ord. 6-00. Passed 8-14-00.)
1315.05 B-2 BUSINESS DISTRICT.
(a) Principal Permitted Uses.
(1) Any B-1 District principal permitted use excluding any residential primary use.
(2) Taverns, A.B.C. licensed private club or night club, only in conformity with requirements of laws or ordinances governing such use.
(3) Automotive repair, major.
(4) Automotive, service station.
(5) Commercial, heavy.
(6) Dance hall, discotheque.
(7) Hospital.
(8) Hotel, motel.
(9) Kennel appurtenant to veterinary office.
(10) Manufacturing, light.
(11) Parking garage, commercial.
(12) Recreation, outdoor.
(13) Schools, commercial.
(14) Commercial center, community; regional.
(15) Stadiums, arenas.
(16) Video lottery or gaming establishment. An establishment at which any form of gambling or games of chance are permitted or played, including but not limited to “video lottery” machines that are licensed or regulated under the provisions of the Limited Video Lottery Act codified in West Virginia Code §29-22B-101 et seq., as amended. Regulated establishments do not include those establishments which solely sell lottery tickets. Provided that, no video lottery or gaming establishment shall be located within one thousand (1,000) feet of any residential zone, public or private educational institution, church, or other place of public worship, public park or playground, community center or facility, recreation center or facility, public building, public arena or other similar structure, or any other existing video lottery or gaming establishment, as measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building used as a video lottery or gaming establishment to the nearest property line of a lot within a residential zone or the nearest property line of any church, educational institution, the nearest boundary of a public park or playground, community center or facility, recreation center or facility, public building, public arena or other similar structure, or other such video lottery or gaming establishment. Provided, further, that no video lottery or gaming establishment shall be allowed on either side of United States Route 50, known as Main Street, between Lodgeville Road and West Virginia Route 279. Provided further that, no video lottery or gaming establishment shall be allowed on either side of West Virginia Route No. 24, known as Johnson Avenue, between Gateway Avenue and Meadowbrook Mall Road. Provided further that, nothing in this article shall be construed to limit or prohibit charitable organizations from holding charitable bingo or charitable raffles conducted pursuant to the provisions of Article Twenty and Article Twenty-One of Chapter Forty-Seven of the West Virginia Code, as amended. Any property owner who has on the property an existing video lottery or gaming establishment having been in operation on the date this article becomes effective shall be considered "grandfathered", so that such use may continue as a non-conforming use under the laws and ordinances that regulate such non-conforming uses.
(b) Permitted Accessory Uses.
(1) Any associated use consistent with permitted or permitted special use.
(2) Residential uses as long as total square footage at street level is less than fifty percent (50%) of primary use street level square footage.
(c) Permitted Special Uses. The following special uses are permitted subject to review by the board:
(1) Multiple self storage units.
(2) Medical Cannabis Dispensary
(d) Minimum Lot Area, Frontage and Yard Requirements. As provided in Chart 4.
(e) Off-Street Parking. As provided in Chart 5. (Passed 11-23-21.)
1315.06 I-1 INDUSTRY DISTRICT.
(a) Principal Permitted Uses.
(1) Manufacturing, Medium.
(2) Recycling facility.
(3) Warehouse.
(4) Terminal facilities.
(5) Industrial or research park.
(6) Medical Cannabis Growing Facility.
(7) Medical Cannabis Processing Facility.
(b) Permitted Accessory Uses.
(1) Any associated use consistent with permitted or permitted special use.
(2) Residence of a watchman, custodian or caretaker employed on the premises.
(c) Permitted Special Uses. The following special uses are permitted subject to review by the Board:
(1) Salvage yard (junk yard) - wrecking yard. Provided that such operation is conducted not less than 200 feet from any residence district boundary and provided that all operations are conducted behind a solid wall or fence not less than eight feet high and maintained in good repair and offering both visual and sound screening.
(2) Any business activity which includes the sale, storage and/or use of hazardous or biohazardous materials as a major aspect of its operation. Hazardous materials are any materials included on the most current National Fire Protection Association Table 325M entitled Fire Hazard Properties of Flammable Liquids, Gases, and Volatile Solids.
(3) Auto dismantling yards.
(4) Manufacturing, heavy.
(5) Retail and residential uses in industrial zone I-1. Such uses shall be permitted only where the applicant can prove to the Board that such use is necessary to serve industry in the vicinity.
(6) Communication towers. Such as microwaves, radar, radio, telecommunication, or television transmission or receiving towers; and other similar facilities. Location and installation as provided in Chart 7.
(7) Video lottery or gaming establishment if demonstrated to the Board of Zoning Appeals to be necessary to serve the industries in the vicinity.
(d) Minimum Lot Area, Frontage and Yard Requirements. As provided in Chart 4.
(e) Off-Street Parking Spaces. As provided in Chart 5.
(Passed 11-23-21.)
1315.065 I-2 INDUSTRY DISTRICT.
(a) Principal Permitted Uses.
Any use related to the aerospace and/or avionics industry.
(b) Permitted Accessory Uses.
(1) Any associated use consistent with permitted or permitted special use.
(2) Residence of a watchman, custodian or caretaker employed on the premises.
(c) Permitted Special Uses. The following special uses are permitted subject to review by the Board:
(1) Retail and residential uses in industrial zone I-2. Such uses shall be permitted only where the applicant can prove to the Board that such use is necessary to serve industry in the vicinity.
(2) Communication towers. Such as microwaves, radar, radio, telecommunication, or television transmission or receiving towers, and other similar facilities. Location and installation as provided in Chart 7.
(d) Minimum Lot Area, Frontage and Yard Requirements. As provided in Chart 4.
(e) Off-Street Parking Spaces. As provided in Chart 5.
(Ord. 6-00. Passed 8-14-00.)
1315.07 SPECIAL USES.
Uses listed as special uses shall require individual consideration in each case because of their unique characteristics. Such special uses may be permitted only upon review and authorization by the Board of Zoning Appeals, subject to certain conditions and safeguards.
(a) General Principles and Standards for Special Uses.
(1) The use shall be one specifically enumerated as a special use in the district within which such particular site is located.
(2) The use will be of such location, size and character that, generally, it will be in harmony with the appropriate and orderly development of the district in which the use is situated and will not be detrimental to the orderly development of adjacent properties, nor inconsistent with the officially adopted comprehensive plan.
(3) Specified uses for which special permits may be issued shall be deemed to be permitted uses, subject to the meeting of the special conditions contained in this section.
(4) For each special use, the Board shall make specific findings with regard to the following matters, such findings to be supported by evidence produced at a public hearing in a manner provided by law:
A. For each such special use, the Board shall determine whether or not such use will be prejudicial to the character of the area.
B. For each such special use, the Board shall determine whether or not there is appropriate provision for access facilities adequate for the estimated traffic for public streets and sidewalks so as to insure public safety and to avoid traffic congestion.
C. For each such special use, the Board shall determine whether or not there are fully adequate parking areas and off-street loading spaces, in conformity with parking requirements of this and other related ordinances.
D. For each special use, the Board shall determine whether or not there are adequate sanitary and utility facilities.
E. For specified special uses, the Board shall require suitable planting or screening in accordance with the requirements of this Ordinance.
(b) Specific Regulations Governing Special Uses. Each special use shall be considered an individual case, and as such conform to the standards of this Ordinance. (Ord. 6-00. Passed 8-14-00.)
1315.08 ZONING SCHEDULE.
1317.01 EXCEPTIONS.
The minimum lot, yard and height requirements herein set forth shall prevail in all cases, except as follows:
(a) Existing Nonconforming Lots. A single-family dwelling may be constructed as a permitted use in any R District on a nonconforming lot if the following conditions are satisfied.
(1) At the time of the amendment (October 2, 1979) of this Zoning Ordinance such lot is in existence as a separate entity.
(2) At the time of the amendment (October 2, 1979) of this Zoning Ordinance the owner of such lot does not own an adjoining lot.
(3) The plan for the lot and for the proposed single-family dwelling shall be in at least seventy percent (70%) compliance with each of the following requirements for single-family dwellings as specified in the district in which the lot is located: lot area, lot width, rear yard, side yard and maximum building coverage.
(b) Height Limitations. Height limitations need not apply to church spires, cupola and domes, monuments, water towers, chimneys, smokestacks, silos, flag poles, radio and television towers, masts and aerials and parapet walls extending not more than four feet above the limiting height of the building.
(c) Front Yard Exception. If the twenty-five feet front setback can not be obtained, or if such setback would put the proposed structure out of character with other properties, then the following modification is accepted. Where forty percent (40%) of the lots of a block, on the same side of the street as the proposed structure, is occupied by buildings, the average setback of such buildings determines the dimension of the front yard in the block, but the maximum front yard need not exceed thirty-five feet from the lot line and the minimum shall not be less than ten feet.
(Ord. 6-00. Passed 8-14-00.)
1317.02 SPECIAL LOTS; BUILDING LOCATION.
(a) Through Lots. On lots extending from one street to another a front yard is required on each street.
(b) Side Yard of a Corner Lot. The side yard of a corner lot which abuts a street shall be no less than the required front yard for that street.
(c) Corner Lots. No obstruction to vision such as buildings, fences, trees, plants or signs exceeding two feet in height shall be erected or maintained on any lot within the triangle formed by the street intersection, created by the right-of-way line of each street extended to a point and a line drawn between two points each located twenty-five feet from the street intersection. (See Figure 1)
1317.03 ACCESSORY STRUCTURES AND USE.
(Accessory buildings shall occupy the same lot as the main use or building.)
(a) Accessory Garages and or Structures. Accessory garages and or structures in residential areas, unless a part of the principal building, shall conform with all front, side and rear yard requirements for the principal building and shall not consume more than fifty percent (50%) of the first floor area of the principal building. Where the primary structure is one story, accessory garages and/or structures shall not be more than one story in height and the height is limited to sixteen feet measured from floor level to the peak of the roof. Where the primary structure is two or more stories, accessory garages and/or structures shall not be more than two stories in height and the height is limited to thirty-two feet measured from floor level to the peak of the roof. No accessory garage and/or structure shall be used for human habitation or converted to a place of residence, dwelling, or abode. (Passed 4-23-12)
(b) Lot Utilization for Driveway and Parking. Except when necessary to meet off-street parking requirements, as noted in Chart 5 for residential uses, not more than twenty percent (20%) of the area of the front yard nor more than fifty percent (50%) of the area of the rear yard shall be utilized for driveways or parking in a residential district.
(c) Private Outdoor swimming Pools, Hot Tubs, and Spas. A private outdoor swimming pool is permitted as an accessory use to a residential structure provided that: such swimming pool is for the private use of the residents of the dwelling unit or for their guests; the swimming pool is protected by a four foot high fence with an entryway that locks; and such swimming pool is not located closer than ten feet to any property line.
(d) Regulations for Ground Satellite Stations Used Solely for the Occupants of the Property.
(1) Within the residential districts the following provisions shall apply to satellite ground stations or other antennas designed to transmit or receive radio or television signals to or from earth satellites:
A. Such ground stations or antennas shall be for the personal use of residents and their guests only.
B. Such ground stations or antennas shall contain no graphic message or advertising.
C. Ground-mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:
1. Such stations or antennas not mounted on the roof of a primary or accessory structure shall be located to the rear of the principal building or structure and shall not exceed an above ground height of twelve feet nor exceed twelve feet in diameter.
2. Such stations or antennas shall not be located closer than ten feet to a rear or side lot line, twenty-five feet from a front lot line or one foot from any easement.
3. Such stations or antennas shall be mounted in a concrete base in line with grade and only supports of rust-resistant metal shall be utilized.
4. Wiring between such station and any other structure shall be placed underground.
5. Such stations or antennas shall be designed to withstand a wind force of up to seventy miles per hour without the use of supporting guy wires.
D. Roof-mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:
1. Such stations or antennas shall be mounted directly on the roof of a primary or accessory structure and shall not be mounted on appurtenances such as chimneys, towers or spires.
2. Such stations or antennas mounted on the roof of a primary or accessory structure shall not exceed a height of greater than three feet above the roof on which it is mounted. The height shall be measured vertically from the point at which such station or antenna is mounted on the roof.
3. The diameter of any dish antenna mounted upon the roof of a primary or accessory structure shall not exceed three feet.
4. Such stations or antennas shall be designed to withstand a wind force of up to seventy miles per hour without the use of supporting guy wires.
(2) Within nonresidential districts, the following provisions shall apply to satellite ground stations or other antennas designed to transmit or receive radio or television signals to or from earth satellites.
A. Such ground stations or antennas shall contain no graphic message or advertising.
B. Ground-mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:
1. Such stations or antennas not mounted on the roof of a primary or accessory structure shall be located to the rear of the principal building or structure and shall not exceed an aboveground height of twelve feet nor exceed twelve feet in diameter.
2. Such stations or antennas shall not be located within ten feet of any lot line and not closer than fifty feet from a lot line of a residential district.
3. Such stations or antennas shall be mounted in a concrete base in line with grade and only supports of rust-resistant metal shall be utilized.
4. Wiring between such station and any other structure shall be placed underground.
5. Such stations or antennas shall be designed to withstand a wind force of up to seventy miles per hour without the use of supporting guy wires.
C. Roof-mounted stations or antennas shall be considered accessory structures and shall comply with the following conditions and requirements:
1. Such stations or antennas shall be mounted directly on the roof of a primary or accessory structure and shall not be mounted on appurtenances such as chimneys, towers or spires. (Ord. 6-00. Passed 8-14-00.)
(e) Utility buildings and storage sheds not exceeding 12 feet by 16 feet in size shall be required to maintain a setback of 6 feet from the side and 6 feet from the rear property lines. Any structure larger than 12 feet by 16 feet shall be deemed an accessory detached garage and shall be governed by subsection (a) hereof. All utility buildings and storage sheds shall be located in the rear or side yard. No such building shall be in a front yard. These setbacks are applicable to all residential zones or any zone that has residential setback stipulations. Where the primary structure is one story, utility buildings and storage sheds shall not be more than one story in height and the height is limited to sixteen feet measured from floor level to the peak of the roof. Where the primary structure is two or more stories, utility buildings and storage sheds shall not be more than two stories in height and the height is limited to thirty-two feet measured from floor level to the peak of the roof. No utility building or storage shed shall be used for human habitation or converted to a place of residence, dwelling, or abode. (Passed 4-23-12)
(f) Fences shall be allowed by permit, however, no fence exceeding 48 inches in height shall project past the front of the structure it is surrounding. Fences are not applicable to any setback requirements.
(g) Gazebo, which by definition shall mean a roof-covered small open structure, usually round, octagonal or of similar shape, set apart from the primary structure for the purpose of gathering or resting within its shelter, shall be allowed by permit. All gazebo structures shall maintain a setback of ten feet from any lot line in all residential districts, or any zone that has residential setback stipulations.
(h) Dumpsters. In all zoning districts where the property owner utilizes a dumpster for its trash and refuse collection container, all dumpsters shall be located to the rear of the primary structure and not visible from any public right of way. Where it is impossible due to access to place a dumpster to the rear of a primary structure or where any dumpster located to the rear of the primary structure is still visible from any public right of way, said dumpster shall be fenced and surrounded to completely conceal its view.
(Ord. 6-00. Passed 8-14-00.)
1317.04 SIGNS.
1317.05 LANDSCAPING & GRADING REGULATIONS.
(a) Landscaping Requirements.
General. Landscaping is required for all properties where new buildings and additions over 500 square feet (46.5m2) as defined in this section are constructed. Said landscaping shall be completed within one year from the date of occupancy of the building.
(Ord. 6-00. Passed 8-14-00.)
1317.06 GRADING AND EXCAVATION REGULATIONS.
(a) General. This section is intended to provide the community with fair and equitable grading practices and shall not supersede the requirements of any other ordinance or code.
(b) Grading Responsibilities.
(1) Protection of utilities. Public utilities or services shall be protected from damage due to grading or excavation operations.
(2) Protection of adjacent property. Adjacent properties shall be protected from damage due to grading operations. No person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley or other public or private property, without supporting and protecting such property from any damage that might result.
(3) Inspection notice. The code official shall be notified at least 24 hours prior to the start of work.
(4) Temporary erosion control. Precautionary measures necessary to protect adjacent watercourses and public or private property from damage by water erosion, flooding or deposition of mud or debris originating from the site shall be put in effect. Precautionary measures shall include provisions of properly designed sediment control facilities so that downstream properties are not affected by upstream erosion.
(5) Traffic control and protection of streets. Flaggers, signs, barricades, and other safety devices to ensure adequate safety when working in or near public streets shall be provided.
(6) Hazard from existing grading. Whenever any existing excavation, embankment or fill has become a hazard to life or limb, or endangers structures, or adversely affects the safety, use or stability of a public way or drainage channel, such excavation, embankment or fill shall be eliminated.
(7) Tracking of dirt onto public streets. Adequate cleaning of equipment to prevent the tracking of dirt and debris onto public streets shall be provided.
(8) Maintenance of waterway and irrigation canals. Precautionary measures to protect and maintain the flow of waterways and irrigation canals shall be taken.
(9) Revegetation. The loss of trees, ground cover, and topsoil shall be minimized on any grading project. In addition to mechanical methods of erosion control, graded areas shall be protected to the extent practical from damage by erosion by planting grass or ground cover plants and/or trees. Such plantings shall provide for rapid, short-term coverage of the slopes as well as long-term permanent coverage.
(c) Design standards. The grading design standards required herein shall be those found in nationally recognized standards.
(Ord. 6-00. Passed 8-14-00.)
1319.01 HOME OCCUPATIONS.
Home occupations shall be permitted in all zones, provided the home occupation is clearly and obviously subordinate to the main use or dwelling unit for residential purposes. Home occupations shall be conducted wholly within the primary structure on the premises.
1319.02 CONDITIONS.
(a) The home occupation shall not exceed 15 percent of the floor area of the primary structure.
(b) Under no circumstances shall there be permitted more than one employee or independent contractor who would report to said residence for instruction to pick up company property such as vehicles, equipment, instructions, etc.
(c) Inventory and supplies shall not occupy more than fifty percent (50%) of the area permitted to be used as a home occupation.
(d) There shall be no exterior display or storage of goods on said premises.
(e) Sales and services to patrons shall be arranged by appointment and scheduled so that not more than one patron vehicle is on the premises at the same time.
(f) Two additional parking spaces shall be provided on the premises. Said parking shall comply with the parking requirements listed in Chart 5 and Article 1317.
(h) There shall be no signs permitted on said premises.
(Ord. 6-00. Passed 8-14-00.)
1321.01 GENERAL.
Planned unit developments shall be allowed by planning commission approval in any zoning district. No such planned unit development permit shall be granted unless such development will meet the use limitations of the zoning district in which it is located and meet the density and other limitations of such districts, except as such requirements may be lawfully modified as provided by this code. Compliance with the regulations of this code in no way excuses the developer from the applicable requirements of a subdivision ordinance, except as modifications thereof are specifically authorized in the approval of the application for the planned unit development.
These regulations are to encourage and provide means for effecting desirable and quality development by permitting greater flexibility and design freedom than that permitted under the basic district regulations, and to accomplish a well balanced, aesthetically satisfying city and economically desirable development of building sites within a PUD-Planned Unit Development. These regulations are established to permit latitude in the development of the building site if such development is found to be in accordance with the purpose, spirit and intent of this ordinance and is found not to be hazardous, harmful, offensive or otherwise adverse to the environment, property values or the character of the neighborhood or the health, safety and welfare of the community. It is intended to permit and encourage diversification, variation and imagination in the relationship of uses, structures, open spaces and heights of structures for developments conceived and implemented as comprehensive and cohesive unified projects. It is further intended to encourage more rational and economic development with relationship to public services, and to encourage and facilitate preservation of open lands.
1321.02 CONDITIONS.
(a) No planned unit development shall have an area less than 5 acres.
(b) Uses. A planned unit development which will contain uses not permitted in the zoning district in which it is to be located will require a change of zoning district and shall be accompanied by an application for a zoning amendment, except that any residential use shall be considered a permitted use in a planned unit development which allows residential uses and shall be governed by density, design and other requirements of the planned unit development permit.
Where a site is situated in more than one use district, the permitted uses applicable to such property in one district may be extended into the adjacent use district.
(c) Ownership. The development shall be in single or corporate ownership at the time of application, or the subject of an application filed jointly by all owners of the property.
(d) Design. The Planning Commission shall require such arrangements of structures and open spaces within the site development plan as necessary to assure that adjacent properties will not be adversely affected.
(e) Density. Density of land use shall in no case be more than 15 percent higher than allowed in the zoning district.
(f) Arrangement. Where feasible, the least height and density of buildings and uses shall be arranged around the boundaries of the development.
(g) Specific regulations. Lot area, width, yard, height, density and coverage regulations shall be determined by approval of the site development plan. All front yard and rear yard setbacks must be consistent for the zone located. Flexibility may be granted in side yard setbacks.
(h) Open Spaces. Preservation, maintenance and ownership of required open spaces within the development shall be accomplished by either:
(1) Dedication of the land as a public park of parkway system, or
(2) Creating a permanent, open space easement on and over the said private open spaces to guarantee that the open space remains perpetually in recreational use, with ownership and maintenance being the responsibility of an owners’ association established with articles of association and bylaws which are satisfactory to the legislative body.
(i) Landscaping. Landscaping, fencing and screening related to the uses within the site and as a means of integrating the proposed development into its surroundings shall be planned and presented to the Planning Commission for approval, together with other required plans for the development.
(j) Desirability. The proposed use of the particular location shall be shown as necessary or desirable, to provide a service or facility which will contribute to the general well being of the surrounding area.
(Ord. 6-00. Passed 8-14-00.)
1321.03 PLANNING COMMISSION DETERMINATION
1321.04 REQUIRED CONTRIBUTIONS
The City Council, as part of the approval of a planned unit development, shall be permitted to require an applicant to make reasonable contributions including, but not limited, to any combination of the following:
(a) Dedication of land for public park purposes.
(b) Dedication of land for public school purposes.
(c) Dedication of land for public road right-of-way purposes.
(d) Construction of or addition to roads serving the proposed project when such construction or addition is reasonably related to the traffic to be generated.
(e) Installation of required traffic safety devices.
(f) Preservation of areas containing significant natural, environmental, historic, archeological, or similar resources.
(Ord. 6-00. Passed 8-14-00.)
1321.05 PLANNING COMMISSION ACTION
1321.06 ESTABLISHMENT
A planned unit development district shall be created by the governing body as an amendment to an existing zoning map by superimposing the district over the existing zoning district, the amendment to be processed as provided for in Article 1309. (5-24-83)
1321.07 PROCEDURES TO CREATE PLANNED UNIT DEVELOPMENT.
(a) A planned unit development plan, including a site map shown to scale with all supporting text shall be submitted to the Zoning Code Official.
(b) The City shall then schedule a meeting with the applicant, City Engineer and Zoning Code Official to discuss and review the planned unit development request.
(c) The project shall be presented to the Planning Commission for review and discussion at its next regular scheduled meeting.
(d) The Planning Commission shall then set a public hearing in accordance with Section 1309.01(c).
(e) After said public hearing, the Commission shall submit a report and recommendation on the project to Council for formal action.
(f) Council shall take final action. If approval is granted, Council shall have two readings of an ordinance creating the planned unit development as an amendment to the official Zoning Map of the City. If Council denies the project, it shall submit reasons in writing stating why and offering potential modifications. The applicant may then take the project back to the Planning Commission with the modifications and start the process again.
(g) With Council approval, the project moves to the construction phase. All infrastructure shall have construction drawings submitted to the City Engineer for review in conformance with Section 1341.02. All infrastructure shall be inspected and approved by the City Engineer or his duly authorized agent in accordance with Section 1341.02. Once infrastructure is complete and approved, or bonded and approved by the City Engineer, the Code Official shall be notified in writing that compliance has been achieved.
(h) The Code Official shall then have the planned unit development duly recorded by the county jurisdiction.
(i) Once all applicable plats are recorded, requests for building permits can be made in accordance with the State Building Code.
(Ord. 6-00. Passed 8-14-00.)
1321.99 PENALTY
1323.01 GENERAL
Except as otherwise required by law, a structure or use legally established prior to the adoption date of this code may be maintained unchanged. In other than criminal proceedings, the owner, occupant or user shall have the burden to show that the structure, lot or use was lawfully established.
1323.02 DISCONTINUANCE.
(a) Vacancy. Any lot or structure, or portion thereof, occupied by a nonconforming use, which becomes vacant or ceases the use by the present owner or occupant for a period of six months shall not thereafter be occupied, except by a use which conforms to this code.
(b) Damage. If any nonconforming structure or use is, by any cause, damaged to the extent of 50 percent of its value as determined by the building official, it shall not thereafter be reconstructed as such.
1323.03 ENLARGEMENTS AND MODIFICATIONS.
(a) Maintenance and Repair. Maintenance, repairs and structural alterations shall be permitted to be made to nonconforming structures or to a building housing a nonconforming use with valid permits.
(b) Changes of Nonconforming Use. A change of use of a nonconforming use of a structure or parcel of land shall not be made except to that of a conforming use. Where such change is made, the use shall not thereafter be changed back to a nonconforming use.
(c) Additions. Additions to structures housing nonconforming uses shall not be made. (Ord. 6-00. Passed 8-14-00.)
1325.01 FINDINGS, PURPOSE AND INTENT; INTERPRETATION.
(a) Findings:
(1) Signs obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation. The purpose of this article is to regulate the size, color, illumination, movement, materials, location, height, and condition of all signs placed on property for exterior observation, thus ensuring the protection of property values; preservation of the character of the various neighborhoods; creation of a convenient, attractive, and harmonious community; and the safety and welfare of pedestrians and wheeled traffic, while providing convenience to citizens and encouraging economic development. This article allows adequate communication through signage while encouraging aesthetic quality in the design, location, and size of all signs. These regulations do not eliminate all the harms that may be created by the installation and display of signs. Rather, they strike an appropriate balance that preserves ample channels of communication by means of signs while still reducing and mitigating the extent of the harms caused by signs.
(2) This article shall be interpreted in a manner consistent with the First Amendment to the Constitution of the United States guarantee of free speech. If any provision of this article is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this article which can be given effect without the invalid provision.
(3) Signs not expressly permitted under this code are prohibited.
(4) The City of Bridgeport, the State of West Virginia and other governmental entities are not subject to the requirements of this article.
(b) Intent. Signs have a strong visual impact on the character and quality of the community. As a prominent part of the scenery, they attract or repel the viewing public, affect the safety of vehicular traffic, and their suitability or appropriateness helps to set the tone for the community. Because the City relies upon its physical setting and beauty to attract commerce, aesthetic considerations assume economic value. It is the intent of the City, through this chapter, to protect and enhance both the City's residential character and its economic base through the provision of appropriate and aesthetic signage. In addition, it is the intent of the City to limit the size, type and location of signs in order to minimize their distracting effect on drivers and thereby improve traffic safety.
(c) Purpose. The purpose of this article is to promote the public health, safety and welfare through a comprehensive system of reasonable effective consistent, content-neutral and nondiscriminatory sign standards and requirements. This article has been adopted to:
(1) Promote and accomplish the goals, policies and objectives of the City's comprehensive plan and the city council's vision, mission and goals statement;
(2) Provide minimum standards in order to safeguard life, health, property and public welfare and promote traffic safety by controlling the design, quality of materials, construction, illumination, size, location and maintenance of signs and sign structures and discouraging excessive numbers of signs;
(3) Recognize free speech rights by regulating signs in a content-neutral manner;
(4) Promote the free flow of traffic and protect pedestrians and motorists from injury and property damage caused by or which may be fully or partially attributable to cluttered, distracting and/or illegible signage;
(5) Promote a positive visual image of the City and protect the beauty of the City's built environment by encouraging signs that are compatible with the architectural style, characteristics, and scale of the building to which they may be attached; appropriate to the size of the subject property and amount of street frontage adjacent to the subject property; and compatible with adjacent buildings and businesses;
(6) Protect property values, the local economy and the quality of life by preserving and enhancing the appearance of the City's streetscape;
(7) Provide consistent sign design standards;
(8) Protect and encourage creative and innovative approaches to signage and signs that are of a quality design, pleasing in appearance and are appropriate in size, materials and illumination to the surrounding area;
(9) Provide an improved visual environment for the citizens of and visitors to the City;
(10) Adopt clear, understandable regulations which will assure equal protection and fair treatment under the law through consistent application of the regulations and consistent enforcement of the article;
(11) Balance both public and private business needs with the specific objectives of creating a community with an unmatched quality of life and strong focus on economic well-being, aesthetics, community and family, the environment and public infrastructure;
(12) Support and enhance the economic well-being of all business within the City and recognize the needs of all businesses to identify their premises and advertise their products and services;
(13) Recognize that the aesthetic value of the total environment affects economic values and that an unrestricted proliferation of signs can and does detract from the economic value of the community; and
(14) Regulate the use ofbillboard signs to certain zoning districts by recognizing that billboards affect the aesthetic value of the community, thereby reducing property values and impact traffic safety because of the distraction that is created by large signage along public rights of way.
(d) Interpretation.
(1) This article is not intended to and shall not be interpreted to restrict speech based on its content, viewpoint, or message.
(2) Any classification of signs in this article which purports to permit speech because of the type of sign or identity of the sign user or otherwise, shall be interpreted to allow either commercial or non-commercial speech on the sign.
(3) No part of this article shall be construed to favor commercial speech over noncommercial speech.
(Passed 9-14-20.)
1325.02 DEFINITIONS.
BILLBOARD: A sign which meets any one or more of the following criteria:
(1) A permanent structure which is used for the display of off-site commercial messages;
(2) A Permanent structure sign which constitutes a principal, separate or secondary use, as opposed to an accessory use of the parcel on which it is located;
(3) A sign used as advertising for hire, e.g., on which display space is made available to parties, other than the owner or operator of the sign or occupant of the parcel in exchange for a rent, fee or other consideration; or
(4) An off-site advertising sign on which space is leased or rented.
DISPLAY SIZE OR FACE: The entire advertising area of a sign excluding framing, trim, or supporting structure.
FREESTANDING SIGN: Any sign not affixed to a building.
ILLUMINATED SIGN: Any sign illuminated by electricity, gas or other artificial light, including reflective or phosphorescent light.
STACKED SIGN: A single structure with two outdoor advertising signs with one sign placed directly above the other with their faces oriented in the same direction.
SIDE-BY-SIDE-SIGN: Two adjacent outdoor advertising signs on a single structure with both faces oriented in the same direction.
TRI-VISION SIGN: A sign constructed to use multiple face panels or slats that rotate to different messages in a fixed position.
MARQUEE SIGN: A canopy extending more than two (2) feet from a building, with lettering thereon.
MINOR SIGN: Any sign that is (1) designed to be easily moved, (2) typically not permanently attached to a structure or the ground, and (3) is not illuminated. Such signs include but are not limited to A-frame signs, banners, posters, window signs, yard signs or other movable signs. For purposes of this article, flags and vehicles are not minor signs.
MOBILE SIGN: Any sign not designed or intended to be anchored to the ground and designed and intended to be capable of being transported over public roads and streets, whether or not it is so transported.
MURAL: An on-premises sign that is hand-painted, hand tiled or other similarly created or digitally printed picture/image affixed directly onto a vertical building wall, which may or may not contain text, logos, and/ or symbols.
OFF-SITE OR OFF-PREMISES SIGN: A permanent sign that identifies, advertises or attracts attention to a business, product, service or activity sold, existing or offered at a different location. The off-premises/on-site distinction applies only to commercial messages.
ON-SITE OR ON-PREMISES SIGN: Any sign that identifies, advertises or attracts attention to a business, product, service, event or activity sold, existing or offered upon the same property or land use as the sign. The off-site/on-site distinction applies only to commercial messages.
OUTDOOR SIGN: Any permanent On-Site or On-Premises sign or any permanent noncommercial Off-Site or Off-Premises Sign. For purposes of this ordinance Billboards are excluded from the definition of Outdoor Sign.
PENNANT: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
PERMANENT SIGN: Any sign intended and installed to be permanently in place at a given location by means of suitable fastening to a building or to a structure specifically erected to hold such sign(s) or to the ground.
ROOF SIGN: Any sign in which all or any part extends above the wall of any building or structure, where said wall does not extend above the roofline. In no event shall a sign permitted as defined by "wall sign" extend beyond the actual wall surface.
SIGN: Any material, structure or device or part thereof composed of lettered or pictorial matter or upon which lettered or pictorial matter is placed when used or located out of doors or outside or on the exterior of any building, including window display area, for display of an advertisement, announcement, notice, directional matter or name, and includes sign frames, billboards, signboards, painted wall signs, hanging signs, illuminated signs, pennants, fluttering devices, projecting signs or ground signs, and shall also include any announcement, declaration, demonstration, display, illustration or insignia used to advertise, inform or promote the interests of any person or business when the same is placed in view of the general public.
TEMPORARY SIGN: A sign intended to display either commercial or non-commercial messages of a transitory or temporary nature. A Temporary Sign includes a portable sign, or any sign not permanently embedded in the ground or not permanently affixed to a building or a sign structure that is not permanently embedded in the ground.
(Passed 9-14-20.)
1325.03 PERMIT REQUIRED.
(a) Application for Permit. Except for exempt signs and temporary signs, a sign permit is required prior to the display and erection of any sign.
(1) An application for a sign permit shall be filed with the Community Development Director, Code Enforcement-Officer or other authorized City personnel on forms furnished by the City. The applicant shall provide sufficient information to determine if the proposed sign is permitted under this code and other applicable laws, regulations, and ordinances. An application for an electronic message display shall include the manufacturer's statement that the sign has been pre-programmed, to the extent possible, to conform to the requirements of this code. Such manufacturer's statement shall include, where applicable, the pre-stacked sign settings related to text and graphic features, message change features, message change time intervals, day and night lighting requirements, and any other settings capable of limiting the electronic message display such that it conforms to this code.
(2) The Community Development Director, Code Enforcement Officer or other authorized City personnel shall promptly process the sign permit application and approve the application, reject the application, or notify the applicant of deficiencies in the application within twenty (20) business days after receipt. Any application that complies with all provisions of this code, the building code, and other applicable laws shall be approved.
(3) If the application is rejected, the Community Development Director, Code Enforcement Officer or other authorized City personnel shall provide a list of the reasons for the rejection in writing. An application shall be rejected for noncompliance with the terms of this code, building code, or other applicable law.
(b) Permit Fee. A nonrefundable fee shall accompany all sign permit applications. The permit fee schedule shall be set by the City. If the sign is part of a new construction or renovation project, the cost of the sign permit fee shall be included in the total project permit fee.
(c) Duration and Revocation of Permit. If a sign is not installed within six (6) months following the issuance of a sign permit or the time period stated within the permit, the permit shall be void. The Community Development Director, Code Enforcement Officer or other authorized City personnel may revoke a sign permit under any of the following circumstances:
(1) The information in the application was materially false or misleading;
(2) The sign as installed does not conform to the sign pennit application; or
(3) The sign violates this code, building code, or other applicable law, regulation, or ordinance.
(d) In the case of an approval with conditions or disapproval an applicant may ask for reconsideration of the decision on the grounds that the Community Development Director, Code Enforcement Officer or other authorized City personnel may have overlooked or failed to consider any fact(s) that would support a different decision. A written request for reconsideration accompanied by such additional fact(s) as the applicant may wish the Community Development Director, Code Enforcement Officer or other authorized City personnel to consider, shall be filed with the Director or Officer within ten (10) calendar days after receipt of the decision. No fee shall be required for a request for reconsideration. The request for reconsideration shall be decided within seven (7) days of receipt by the City, not counting any intervening Saturday, Sunday or holiday. Such decision shall be in writing and shall include a statement of the reasons(s) for the decision.
(e) Appeals. Any individual or entity denied a sign permit or granted a permit with conditions shall have the right to appeal the decision to the Board of Zoning Appeals provided a written application for appeal is filed within thirty (30) days after the day of the decision. The Zoning Board of Appeals shall hear the Appeal in accordance with Section 1307.06 of this code, and shall provide a decision in writing, including a statement of the reason(s) for the decision not more than ten (10) days after the hearing.
(f) Document Service and Tracking of Decisions. All decisions shall be mailed, transmitted electronically or hand delivered to the applicant. A record shall be kept of the date or mailing, electronic transmittal or hand delivery. For the purposes of calculating compliance with the deadlines provided for herein, all decisions shall be deemed made when deposited in the mail, transmitted electronically or hand delivered to the applicant.
(Passed 9-14-20.)
1325.04 EXEMPT SIGNS - PERMIT NOT REQUIRED.
The purpose of not requiring a permit for some signage is to exempt certain signs that are frequently used, often by private citizens, and which typically have less of an impact on the public safety and aesthetic concerns. Signs permitted under this section count towards the maximum sign area and maximum number of signs allowed per use. A sign permit is not required for:
(a) Signs required by law.
(b) Flags up to sixteen (16) square feet.
(c) The changing of messages on marquees and the repair of an existing permitted sign, except that repair of a nonconforming sign must comply with this code.
(d) Signs as follows, subject to sign area and height limitations of the district in which the sign is located:
(1) One (1) sign, no illumination, no more than twelve (12) square feet in area, located on property where a building permit is active.
(2) On any property for sale or rent, one sign with a total area ofup to twelve (12) square feet and a maximum height of six ( 6) feet.
(3) Window signs, provided that the total area of window signs does not exceed twenty-five (25%) percent of the total area of all windows on each building facade.
(4) On any property where a new use began activity within the last six ( 6) months banners for not more than fifteen (15) days.
(e) Two (2) minor signs per use.
(f) Pavement Markings. Any sign applied directly and entirely to and flush with an asphalt, concrete, or similar paved surface.
(g) A permanent window sign, provided that the aggregate area of all window signs on each window or door does not exceed twenty-five percent (25%) of the total area of the window or door.
(Passed 9-14-20.)
1325.05 PROHIBITED SIGNS.
The purpose of prohibiting the following signage is to address the community's substantial public safety and welfare concerns, including aesthetic concerns and protecting property values, associated with certain types of signage. In addition to signs prohibited elsewhere in this code or by applicable state or federal law, the following signs are prohibited:
(a) General Prohibitions.
(1) Signs that violate any state or federal law relating to outdoor advertising or in violation of this code.
(2) Signs attached to natural vegetation.
(3) Signs simulating, or which are likely to be confused with, a traffic control sign or any other sign displayed by a public authority.
(4) Vehicle or trailer signs, defined as any sign attached to or displayed on a vehicle, if the vehicle or trailer is used for the primary purpose of advertising a business establishment, product, service, or activity and it fails to display current license plates or inspection sticker; if the vehicle is inoperable; if evidence of paid-to-date local taxes cannot be made available; or if the sign alters the standard design of such vehicle or trailer.
(5) Animated signs, except where animated sign features as part of an electronic message display are expressly permitted.
(6) Flashing signs or other signs displaying flashing, scrolling, or intermittent lights or lights of changing degrees of intensity, except where flashing features as part of an electronic message display are expressly permitted.
(7) Beacons.
(b) Prohibitions Based on Materials.
(1) Signs consisting of illuminated tubing or strings of lights outlining property lines or open sales areas, rooflines, doors, windows, or wall edges of any building, except for temporary decorations not to exceed three (3) months per year.
(2) Signs that emit smoke, flame, scent, mist, aerosol, liquid, or gas.
(3) Signs that emit sound.
(4) Neon signs, except in windows where permitted in a district.
(c) Prohibitions Based on Location.
(1) Off-premises signs, unless specifically permitted by this article.
(2) Signs erected on public land other than those approved by the Zoning Officer in writing, required by law without such approval, or permitted under West Virginia law. Any sign not so authorized is subject to immediate removal by the City, with the costs charged to the owner or person having control of such sign, with payment due within thirty (30) days of notice of charges. Removal of the sign under this provision does not preclude prosecution of the person responsible for the sign.
(3) Roof signs. Signs on the roof surface or extending above the roofline of a building or its parapet wall.
(4) Any sign located in the vision triangle formed by any two (2) or more intersecting streets or any street and alley.
(5) Window signs with an aggregate area on a window or door in excess of twenty-five percent (25%) of the total area of the window or door or located above the first floor unless the related use is only on the floor where the window sign is displayed.
(Passed 9-14-20.)
1325.06 BILLBOARD POLICY.
(a) Billboards, as defined herein, as of the date this section was adopted shall be permitted only in Al, B2, II and 12 Zoning Districts and shall be subject to those regulations provided for in Section 1325.08.
(b) Billboards in existence in B 1, Al, B2, II and 12 Zoning Districts as of the date this section was adopted are subject to the provisions regulating Nonconforming Billboards set forth in Section 1325.07 of this article.
(Passed 9-14-20.)
1325.07 NONCONFORMING BILLBOARDS.
Any billboard existing on the effective date of this sign code which was erected pursuant to a valid permit from the City, if required, and which complies in all respects with the City's ordinances in effect at the time the sign was erected shall be allowed to remain and deemed a legal, nonconforming sign and may remain subject to the following regulations:
(a) A billboard deemed a legal, nonconforming sign may not be enlarged but may be maintained by:
(1) Painting or refinishing the surface of the sign face and sign structure or by replacing damaged panels so as to keep the appearance of the sign the same as it as upon the adoption of this Sign Code or subsequent amendment hereto which resulted in such sign becoming a nonconforming sign; or
(2) By replacement of light bulbs or similar expendable electrical devices and repair and replacement of electrical components for safety reasons; or
(3) By lawfully changing the content of its face.
(b) A billboard deemed a legal, nonconforming sign shall be permitted to remain as long as it conforms to the following requirements:
(1) The display size/face sign may be no more than forty-eight feet ( 48 ') in height at the highest point of the sign,
(2) The sign is properly maintained and does not fall into disrepair.
(3) The billboard shall not be extended, structurally reconstructed, altered in any manner, or replaced with another nonconforming sign nor increased in technological advancement,
(4) In the event billboard deemed a legal, nonconforming sign becomes materially damaged, removed or destroyed, said sign shall lose its nonconforming status and thereafter be subject to those restrictions set forth in Section 1325.08.
(Passed 9-14-20.)
1325.08 BILLBOARDS - GENERAL RESTRICTIONS.
The following restrictions shall apply to all Billboards erected and maintained adjacent to any roads and other public rights-of-way within the City of Bridgeport after the date this section is adopted.
(a) No Billboard shall be erected or maintained which involves rapid motion or rotation of the structure or any part thereof;
(b) No Billboard shall contain lighting which is not appropriately shielded, and any lighting shall be of such low intensity as not to cause a glare or impair the vision of the operator of any motor vehicle, nor be a nuisance to any adjacent residential area;
(c) No Billboard shall be comprised of or illuminated by any rapid flashing intermittent light or lights;
(d) No Billboard shall hinder the clear, unobstructed view of approaching merging traffic, or obscure from view any traffic sign or other official sign;
(e) No Billboard shall be so located as to obscure the view of any connecting road or intersection; and,
(f) The display size/face of any Billboard shall not be greater than forty feet (40') in height at the highest point of the Billboard nor shall stacked, side by side, tri-vision (three-sided) spinning automatically - electronically LED (light emitting diode), mechanically, or similar types - display changing Billboards be permitted in any location in the City of Bridgeport nor be closer than twenty-five feet (25') from the nearest edge of any public roadway or highway or any regularly used right-of-way above or upon the surface of the ground.
(Passed 9-14-20.)
1325.09 GENERAL REQUIREMENTS FOR SIGNS.
(a) Setback and Placement. All signs, including Billboards, shall be set back from any public right-of-way at least the height of the sign. Electronic message displays, where permitted by this ordinance, shall be placed perpendicular to residential structures where possible and shall comply with FCC regulations, including the avoidance of harmful interference with radio frequencies.
(b) Illumination. The purpose of the following provisions regulating signage lighting is to ensure that signs are lighted in such a manner as to maintain aesthetic consistency with signs already existing in the community and to ensure the safety of drivers and pedestrians, while also ensuring that signs are adequately able to convey sign messages.
(1) Definitions.
A. "Candela" means the basic unit of measurement of light in SI (metric) units.
B. "Candela per square meter (cd/m2)” means the SI (metric) unit used to describe the luminance of a light source or of an illuminated surface that reflects light. Also referred to as Nits.
C. “Nit" means a photometric unit of measurement referring to luminance.
One nit is equal to one (1) cd/m2
D. "SI (International System of Units)" means the modem metric system of measurement, abbreviated SI for the French term "Le Systeme International d 'Unites."
(2) With the exception of Temporary Signs, a sign in any district may be illuminated at night. Signs that are illuminated at night may not exceed a maximum luminance level of seven hundred and fifty (750) cd/m2 or Nits, regardless of the method of illumination, at least one-half (0.5) hour before Apparent Sunset, as determined by the National Oceanic and Atmospheric Administration (NOAA), US Department of Commerce, for the specific geographic location and date. All illuminated signs must comply with this maximum luminance level throughout the night, if the sign is energized, until Apparent Sunrise, as determined by the NOAA, at which time the sign may resume luminance levels appropriate for daylight conditions.
(3) The maximum luminance during daylight conditions, between Apparent Sunrise and one-half (0.5) hour before Apparent Sunset, shall be ten thousand (10,000) cd/m2 or Nits.
(4) All permitted and conditional use signs may be backlit, internally lighted, or indirectly lighted, subject to lighting limitations in this code. All external sign lighting shall have lighting fixtures or luminaires that are fully shielded.
(5) Temporary signs shall not be lighted.
(c) Maximum Height Measurements. Wall signs and other signs with sign structures not affixed to the ground are measured from the lowest attached component of the sign to the
highest attached component of the sign. The height of signs with sign structures affixed to the ground is measured as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign, subject to limitations in this article. Normal grade is the lower of:
(1) Existing grade prior to construction; or
(2) The newly established grade after construction, exclusive of any filling, berming, mounding, or excavating primarily for the purpose of mounting or elevating the sign.
(d) Measurement of Sign Area. Sign area is calculated under the following principles:
(1) With signs that are regular polygons or circles, the area can be calculated by the mathematical formula for that polygon or circle. With signs that are not regular polygons or circles, the sign area is calculated using all that area within a maximum of three abutting or overlapping rectangles that enclose the sign face.
(2) The permitted area of a double-faced a-frame sign shall be considered to be the area on one side only. If one face contains a larger sign area than the other, the larger face shall be used in calculating the sign area.
(3) For projecting signs, the sign area also includes the area of the visible sides of the sign, calculated as a rectangle enclosing each entire side view.
(4) Supports, uprights, or structures on which any sign is supported shall not be included in determining the sign area unless such supports, uprights, or structure are designed in such a way as to form an integral background of the display; except, however, when a sign is placed on a fence, wall, planter, or other similar structure that is designed to serve a separate purpose other than to support the sign, the entire area of such structure shall not be computed.
(5) In instances where there are multiple tenants or users on a property or in a building, allowable sign area for all parties shall not exceed the maximum sign area computed based upon the number of tenants multiplied by forty (40) square feet per tenant. In no case shall any tenant sign exceed forty (40) square feet.
(6) All signs displayed, whether permanent or temporary, and regardless of the type of sign are counted toward the maximum sign area allowed per use, except window signs on non-dwellings where permitted.
(e) Wall Signs. Wall signs shall provide as part of zoning permit application:
(1) Express permission from the operator and/or owner of the building;
(2) The name and address of the person applying the wall sign; and
(3) A clear drawing of the proposed wall sign including dimensions and location.
(4) Wall signs larger than one hundred (100) square feet are subject to the design review standard in subsection (f).
(f) Design review standards for wall signs in excess of one hundred (100) square feet. The Board of Zoning Appeals shall issue zoning permits for signs subject to design review in accordance with Section 1307.06, except that the Board of Zoning Appeals shall issue a determination within forty (40) business days. In determining whether a sign is compatible with the theme and overall character to be achieved in each zoning district or overlay, the Board of Zoning Appeals shall base its compatibility determination on the
following criteria:
(1) The relationship of the scale and placement of the sign to the building or premises on which it is to be displayed.
(2) The relationship of the colors of the sign to the colors of adjacent buildings and nearby signs.
(3) The similarity or dissimilarity of the sign's size and shape to the size and shape of other signs in the area.
(4) The similarity or dissimilarity of the style of lettering or number of words on the sign to the style oflettering or number of words of nearby signs.
(5) The compatibility of the type of illumination, if any, with the type of illumination in the area.
(6) The compatibility of the materials used in the construction of the sign with the materials used in the construction of other sign in the area.
(Passed 9-14-20.)
1325.10 OUTDOOR SIGNS - GENERAL RESTRICTIONS.
The following restrictions shall apply to all Outdoor Signs after the date this section is adopted. All signs permitted erected pursuant to a valid permit prior to adoption of this section are legal nonconforming signs. These restrictions apply to any Outdoor Signs erected and maintained adjacent to any roads and other public rights-of-way within the City of Bridgeport.
(a) No sign shall be erected or maintained which involves rapid motion or rotation of the structure or any part thereof;
(b) No sign shall contain lighting which is not appropriately shielded, and any lighting shall be of such low intensity as not to cause a glare or impair the vision of the operator of any motor vehicle, nor be a nuisance to any adjacent residential area;
(c) No sign shall be comprised of or illuminated by any rapid flashing intermittent light or lights;
(d) No sign shall be painted, affixed or attached to any natural feature;
(e) No sign shall hinder the clear, unobstructed view of approaching merging traffic, or obscure from view any traffic sign or other official sign;
(f) No sign shall be so located as to obscure the view of any connecting road or intersection;
(g) The style of a sign, the height of a sign, maximum allowable square footage and number of Outdoor signs shall comply with those regulations prescribed for the particular Zoning District in which the sign is to be located as more fully set forth in Sections 1325.14; 1325.15; 1325.16; and, 1325.17.
(h) Murals shall not encompass more than one hundred percent (100%) of the particular side of the building upon which it is affixed.
(i) No off-premises commercial advertising signs or billboards.
(Passed 9-14-20.)
1325.11 NONCONFORMING OUTDOOR SIGNS.
(a) Outdoor Signs lawfully existing on the effective date of this code that do not conform to the provisions of this code, and signs that are accessory to a nonconforming use shall be deemed nonconforming signs and may remain except as qualified below.
(1) Nonconforming signs shall not be enlarged nor shall any feature of a nonconforming sign, such as illumination or technology, be increased.
(2) Nonconforming signs shall not be extended, structurally reconstructed, altered in any manner, or replaced with another nonconforming sign nor increased in technological advancement, except as permitted by this code.
(3) Nonconforming signs shall not be moved for any distance on the same lot or to any other lot unless such change in location will make the sign conform in all respects to the provisions of this article.
(4) A nonconforming sign that is destroyed or damaged by any casualty to an extent not exceeding fifty percent (50%) of its area may be restored within six (6) months after such destruction or damage but shall not be enlarged. If such sign is so destroyed or damaged to an extent exceeding fifty percent (50%) of its area, the sign shall not be reconstructed but may be replaced with a sign that is in full accordance with this code.
(5) Nonconforming sign structures shall be removed if the use to which they are accessory has not been in operation for a period of one (1) year or more. Such sign structure shall be removed or made conforming by the owner or lessee of the property. If the owner or lessee fails to remove or make conforming the sign structure within thirty (30) days of notice by the Community Development Director, Code Enforcement Officer or other authorized City personnel, the Community Development Director, Code Enforcement Officer or other authorized City personnel may cause the sign to be made conforming or removed and the cost of such removal or modification shall be charged to the owner, person having control, or person receiving benefit from such sign, with payment due within thirty (30) days of notice of charges.
(6) If a nonconforming sign is altered such that the sign is conforming or is replaced by a conforming sign, such sign shall thereafter be kept in accordance with the provisions of this code.
(b) The burden of establishing nonconforming status of signs and the physical characteristics and location of such signs shall be with the owner of the property. Upon notice from the Community Development Director, Code Enforcement Officer or other authorized City personnel, a property owner shall submit verification that sign(s) were lawfully erected.
Failure to provide such verification shall cause the sign to be deemed an illegal sign.
(c) Nothing in this section prevents keeping a nonconforming sign in good repair.
(Passed 9-14-20.)
1325.12 MAINTENANCE AND REMOVAL.
(a) All Outdoor Signs and Billboards shall be constructed and mounted in compliance with the West Virginia Uniform Statewide Building Code. All signs and components thereof shall be maintained in good repair and in a safe, neat, and clean condition.
(b) Safety Hazard. The Community Development Director, Code Enforcement Officer or other authorized City personnel may cause to have removed or repaired immediately without written notice any sign which, in his or her opinion, has become insecure, in danger of falling, or otherwise unsafe, and, as such, presents an immediate threat to the safety of the public. If such action is necessary to render a sign safe, the cost of such emergency removal or repair shall be charged to the owner, person having control, or person receiving benefit from such sign, with payment due within thirty (30) days of notice of charges.
(c) Nuisance. Any sign which constitutes a nuisance shall be abated by the owner within thirty (30) days of notice by the Community Development Director, Code Enforcement Officer or other authorized City personnel. At any time, the Community Development Director, Code Enforcement Officer or other authorized City personnel may cause the nuisance to be abated with the costs charged to the owner, person having control, or person receiving benefit from such sign, with payment due within thirty (30) days of notice of charges.
(d) Illegal Sign and Disrepair. Any sign which is illegal or in disrepair shall be made conforming or repaired within thirty (30) days of notice from the Community Development Director, Code Enforcement Officer or other authorized City personnel. Signs of disrepair include chipped paint, missing or significantly faded letters or other aspects of the sign, cracked portions of the sign face, broken lighting, graffiti, and unleveled portions of the sign structure or face. If an illegal sign or a sign in disrepair is not made conforming or repaired, the Community Development Director, Code Enforcement Officer or other authorized City personnel may cause the sign to be removed or repaired and the cost of such removal or repair shall be charged to the owner, person having control, or person receiving benefit from such sign, with payment due within thirty (30) days of notice of charges.
(e) Expired Permit. Any sign for which a sign permit has expired shall be removed within five (5) days of the permit expiration. If the sign is not removed, the Community Development Director, Code Enforcement Officer or other authorized City personnel may cause the sign to be removed and the cost of such removal shall be charged to the owner, person having control, or person receiving benefit from such sign, with payment due within thirty (30) days of notice of charges.
(f) Signs located within ten (10) feet of any public right-of-way and in violation of this code may be impounded at any time.
(g) The owner of any commercial sign, whether conforming or nonconforming, other than a permitted off-premise sign, located on commercial property where the use or business has ceased operating shall, within sixty (60) days of the cessation of the use or business operation, remove Temporary signs and all aspects of any permanent sign that refer to the use or business. Property owner may request, in writing, a waiver of such requirement, if the businesses is temporarily or seasonally operational, is remodeling, or otherwise has the good will intention of opening that business back up within one (1) year of time of cessation.
(Passed 9-14-20.)
1325.13 TEMPORARY SIGNS.
Temporary signs pose distinct concerns with visual clutter, safety in erection and display, and removal when the time for display has concluded. Temporary signs also pose distinct concerns with materials quality. The following provisions and individual zoning of temporary signs per district serve to address these concerns.
(a) All temporary signs shall be permitted for a maximum of thirty (30) days prior to the event they advertise or provide notice of and Temporary Signs advertising or providing notice of a particular event must be removed forty-eight (48) hours after the conclusion of the event. Any Temporary Sign advertising or providing notice of an event that remains in place after said forty-eight-hour (48) period may be confiscated by the City and the owner of the Temporary Sign may be subject to prosecution.
(b) Any Temporary Sign which is in a state of disrepair shall be removed by the owner, person having control, or the person receiving benefit from such sign, within five (5) days of notification by the City. If the Temporary Sign is not removed, the Community Development Director, Code Enforcement Officer or other authorized City personnel may cause the sign to be removed and the cost of such removal shall be charged to the owner, person having control, or person receiving benefit from such sign, with payment due within thirty (30) days of notice of charges. (Passed 9-14-20.)
1325.14 R-1, R-2 AND R-3 RESIDENCE DISTRICTS.
(a) Purpose. Signage in residential districts poses a heightened risk of visual blight and unsightly clutter, as residential neighborhoods typically contain markedly less signage than other districts in order to maintain the residential character of the neighborhood. At the same time, communicating from one's residence is a distinct and impactful form of speech that should be protected, and nonresidential uses should be afforded adequate signage incidental to the primary use in the form of on-premises signs. Signs permitted in these districts are smaller, fewer in number, and limited in sign type in order to limit visual clutter and distraction, while affording ample speech.
(b) Signs Permitted as Accessory to Dwellings.
(1) Permitted permanent sign use as accessory to dwellings: Freestanding, Minor, Projecting, Wall, Wicket, Window. No more than four (4) permanent signs are permitted by right per dwelling.
(2) Temporary signs as accessory to dwellings: A-frame, Banner, Beacon, Chalkboard, Geological, Inflatable/Tethered, Minor, Wall, Wicket, Window. No more than ten (10) Temporary signs are permitted by right per dwelling.
(3) No more than three (3) flags as accessory to dwellings.
(c) Signs Permitted as Accessory to Non-dwellings.
(1) Permitted permanent sign use as accessory to non-dwellings: Freestanding, Geological, Minor, Projecting, Wall, Wicket, Window. No more than five (5) permanent signs are permitted by right per use.
(2) Temporary signs: A-frame, Banner, Beacon, Chalkboard, Changeable Copy, Inflatable/Tethered, Minor, Wall, Wicket, Window. No more than three (3) Temporary signs are permitted by right per use.
(3) No more than three (3) flags.
(d) Dimension Specifications Chart. All maximum sign area requirements include the sum total sign area of all signs per use.
Permitted as Accessory to Dwellings | Permitted as Accessory to Non-dwellings | Temporary/Minor Signs | Flags | |
Max. Sign Area | 9 sq. ft. | 9 sq. ft. | 16 sq. ft. | 16 sq. ft. each |
Max. Height | 3 ft. | 3 ft. | 4 ft. | 25 ft. |
(Passed 9-14-20.)
1325.15 BPO-1 PROFESSIONAL OFFICE DISTRICT.
(a) Purpose. On-premises signage in mixed-use areas is essential for the operation of a variety of uses. In Professional Office Districts, particularly those near residential development and neighboring residential districts, signage that is less intrusive by being smaller, shorter in height, and more uniform in sign type improves the aesthetic qualities of these and neighboring districts and limits the visual distraction of signage.
(c) Sign Permitted as Accessory to Non-dwellings.
(1) Permitted permanent sign use as accessory to non-dwellings: A-frame, Awning/Canopy, Chalkboard, Changeable Copy, EMO Static, EMO Static with Transition, EMD Static Partially Animated, Freestanding, Geological, Inflatable/Tethered, Marquee, Minor, Monwnent, Neon, Pennant, Projecting, Wall, Wicket, Window. No more than seven (7) permanent signs are permitted by right per use.
(2) Permitted Temporary signs: A-frame, Banner, Beacon, Chalkboard, Changeable Copy, Inflatable/Tethered, Minor, Person-assisted, Wall, Wicket, Window. No more than five (5) Temporary signs are permitted by right per use.
(3) No more than three (3) flags.
(d) Dimension Specifications Chart. All maximum sign area requirements include the sum total sum area per use.
Freestanding Outdoor Signs | All Other Signs | Temporary/Minor Signs | Flags | |
Max. Sign Area | 20 sq. ft. | 2 sq. ft. per 1 sq. ft. lineal building frontage (Max is half size of building) | 60 sq. ft. | 16 sq. ft. each |
Max. Height | 10 ft. | 4 ft. | 5 ft. | 25 ft. |
(Passed 9-14-20.)
1325.16 SIGNS FOR B-1 BUSINESS DISTRICTS.
(a) Purpose. Signage in B-1 Districts are allowed to a greater extent, in size, number, and sign type, in order to maintain proportion to the size and scope of uses typically present within these areas. However, given the closer proximity of businesses in a B-1 Business District the more intensive use districts in smaller communities are still limited in signage to some degree in order to maintain the small-town character of smaller communities and to limit visual distraction by signage.
(c) Sign Permitted as Accessory to Non-dwellings.
(1) Permitted permanent sign use as accessory to non-dwellings: A-frame, Awning/Canopy, Chalkboard, Changeable Copy, EMO Static, EMO Static with Transition, EMO Static Partially Animated, Freestanding, Geological, Inflatable/Tethered, Marquee, Stacked, Side-By-Side, Minor, Monument, Neon, Off-premises, Pennant, Projecting, Wall, Wicket, Window. No more than ten (10) permanent signs are permitted by right per use.
(2) Temporary signs: A-frame, Banner, Beacon, Chalkboard, Changeable Copy, Inflatable/Tethered, Minor, Off-premises, Pennant, Person-assisted, Wall, Wicket, Window. No more than seven (7) Temporary signs are permitted by right per use.
(3) No more than three (3) flags.
(d) Dimension Specifications Chart. All maximum sign area requirements include the sum total sign area per use.
Freestanding Outdoor Signs | All Other Signs | Temporary/Minor Signs | Flags | |
Max. Sign Area | 90 sq. ft. | 50 sq. ft. | 24 sq. ft. | 16 sq. ft. each |
Max. Height | 20 ft. | 10 ft. | 6 ft. | 25 ft. |
(Passed 9-14-20.)
1325.17 SIGNS FOR A-1 AGRICULTURAL DISTRICTS, B-2 BUSINESS DISTRICTS AND I-1 AND I-2 INDUSTRY DISTRICTS.
(a) Purpose. Signage in A-1, B-2, I-1 and I-2 Districts are allowed to a greater extent, in size, number, and sign type, in order to maintain proportion to the size and scope of uses typically present within these areas. However, even the most intensive use districts in smaller communities are still limited in signage to some degree in order to maintain the small-town character of smaller communities and to limit visual distraction by signage.
(c) Sign Permitted as Accessory to Non-dwellings.
(1) Permitted permanent sign use as accessory to non-dwellings: A-frame, Awning/Canopy, Chalkboard, Changeable Copy, EMD Static, EMD Static with Transition, EMD Static Partially Animated, Freestanding, Geological, Inflatable/Tethered, Marquee, Minor, Monument, Stacked, Side-By-Side, Neon, Off-premises, Pennant, Projecting, Wall, Wicket, Window. No more than ten (10) permanent signs are permitted by right per use.
(2) Temporary signs: A-frame, Banner, Beacon, Chalkboard, Changeable Copy, Inflatable/Tethered, Minor, Off-premises, Pennant, Person-assisted, Wall, Wicket, Window. No more than seven (7) Temporary signs are permitted by right per use.
(3) No more than three (3) flags.
(d) Dimension Specifications Chart. All maximum sign area requirements include the sum total sign area per use.
Freestanding Outdoor Signs | All Other Signs | Temporary/Minor Signs | Flags | |
Max. Sign Area | 90 sq. ft. | 50 sq. ft. | 24 sq. ft. | 16 sq. ft. each |
Max. Height | 20 ft. | 10 ft. | 6 ft. | 25 ft. |
(Passed 9-14-20.)
1325.99 PENALTY.
(a) Whoever violates any such provision of this Article, upon conviction, shall be fined not more than five hundred dollars ($500.00). Each day any such violation continues shall constitute a separate offense.
(Passed 9-14-20.)