(A)   Signs obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation. The purpose of this subchapter 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; protection against destruction of or encroachment upon historic areas; and the safety and welfare of pedestrians and wheeled traffic, while providing convenience to citizens and encouraging economic development. This subchapter allows adequate communication through signage while encouraging aesthetic quality in the design, location, and size of signs. These regulations do not entirely eliminate all of 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.

   (B)   This subchapter shall be interpreted in a manner consistent with the First Amendment guarantee of free speech. If any provision of this subchapter is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this subchapter that can be given effect without the invalid provision.

   (C)   Signs not expressly permitted under this code are prohibited.

(Ord. 301, passed 8-18-2022)

      (1)   An application for a permit shall be filed with the Zoning Officer 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 law. An application for a temporary sign shall state the dates intended for the erection and removal of the sign. All applications shall demonstrate that the materials used for the sign are appropriate for the particular sign type; the submission of manufacturer’s specifications is sufficient to demonstrate the use of appropriate materials. 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 the sign conforms to this code.

      (2)   The Zoning Officer shall promptly process the permit application and approve the application, reject the application, or notify the applicant of deficiencies in the application within 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 Zoning Officer 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.

      (1)   The information in the application was materially false or misleading;

      (2)   The sign as installed does not conform to the permit application; or

      (3)   The sign violates this code, building code, or other applicable law.

(Ord. 301, passed 8-18-2022) Penalty, see § 152.999

   The purpose of not requiring a permit for some signage is to exempt certain signs that are frequently used, often by private citizens, and that typically have less of an impact on the public safety and aesthetic concerns of the community. Signs permitted under this section count towards the maximum sign area and maximum number of signs allowed per use. A permit is not required for:

   (A)   Signs required by law.

   (B)   Flags up to 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)   Temporary signs as follows, subject to sign area and height limitations of the district in which the sign is located:

      (1)   One sign, no illumination, no more than 32 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 of up to six square feet and a maximum height of five feet.

      (3)   On dwellings, no more than four temporary signs with a total area of no more than 12 square feet.

      (4)   Window signs, provided that the total area of window signs does not exceed 25% of the total area of all windows on each building facade, and such signs are removed within 30 days after being erected.

      (5)   Banners for not more than 15 days as accessory to dwellings.

   (E)   Two minor signs per use.

   (G)   A permanent window sign, provided that the aggregate area of all window signs on each window or door does not exceed 25% percent of the total area of the window or door.

   (H)   A-frame signs, provided they are placed inside of business hours, do not exceed six square feet per side, and are on-premises signs. A-frame signs shall not block pedestrian rights-of-way.

(Ord. 301, passed 8-18-2022) Penalty, see § 152.999

   The purpose of prohibiting the following signage is to address the city’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:

      (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 that 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 primarily to display a commercial message, and it fails to display current license plates, inspection sticker, or municipal decal; 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 sign features as part of an electronic message display are expressly permitted.

      (7)   Signs attached to utility poles.

      (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 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.

      (1)   Off-premises signs.

      (2)   Beacons, except where light is cast onto a building located on the same lot as the beacon.

      (3)   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 30 days of notice of charges. Removal of the sign under this provision does not preclude prosecution of the person responsible for the sign.

      (5)   Any sign located in the vision triangle formed by any two or more intersecting streets or any street and alley.

      (6)   Window signs with an aggregate area on a window or door in excess of 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.

      (7)   Signs that obstruct free ingress and egress from a door, window, fire escape, or other exit way.

(Ord. 301, passed 8-18-2022) Penalty, see § 152.999

   (A)   All signs must conform to federal and state law, including but not limited to the Building Code and W. Va. Code Adm. Code § 157-6-7, Requirements for Outdoor Advertising on the State Highway System. Where this code and federal or state law govern signage, the strictest provisions shall apply.

   (B)   Signs erected by the city for governmental purposes are not subject to this subchapter.

      (2)   Signs may be backlit, internally lighted, or indirectly lighted. All external sign lighting shall have lighting fixtures or luminaires that are fully shielded.

      (3)   Temporary signs shall not be lighted.

      (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.

      (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 structures 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)   All signs displayed, whether permanent or temporary, and regardless of the type of sign are counted toward the maximum sign area allowed per use.

      (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.

   (J)   The back of any permanent sign must be shielded from public view by a building, other structure, high planting, or another sign of the same size, where permitted, unless such back is painted a neutral color or is enclosed in a solid metal backing that is treated or painted against corrosion.

(Ord. 301, passed 8-18-2022; Ord. 318, passed 8-17-2023; Ord. 322, passed 3-7-2024) Penalty, see § 152.999

   (A)   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)   Temporary nonconforming signs are prohibited.

      (2)   Nonconforming signs shall not be enlarged nor shall any feature of a nonconforming sign, such as illumination or technology, be increased.

      (3)   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 subchapter.

      (4)   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 subchapter.

      (5)   A nonconforming sign that is destroyed or damaged by any casualty to an extent not exceeding 30% of the sign’s area, as defined in § 152.224(F), may be restored within 30 days after such destruction or damage, but shall not be enlarged, nor may the sign’s nonconformity be increased. If such sign is so destroyed or damaged to an extent exceeding 30% of the sign’s area, the sign shall not be reconstructed but may be replaced with a sign that is in full accordance with this code.

      (6)   Nonconforming sign structures shall be removed if the use to which they are accessory has not been in operation for a period of one year or more, except as provided in § 152.226(F). 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 30 days of notice by the Zoning Officer, the Zoning Officer 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 30 days of notice of charges.

      (7)   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 Zoning Officer, 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 shall prevent keeping a nonconforming sign in good repair.

(Ord. 301, passed 8-18-2022) Penalty, see § 152.999

   (A)   All signs 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.

   (F)   The owner of any commercial sign, whether conforming or nonconforming located on commercial property where the use or business has ceased operating shall, within 60 days of the cessation of the use or business operation, remove temporary signs and all aspects of any permanent sign with a commercial message. Property owners may request, in writing, a waiver of such requirement, if the businesses are temporarily or seasonally operational, is remodeling, or otherwise has the good will intention of resuming the use within one year of time of cessation.

(Ord. 301, passed 8-18-2022) Penalty, see § 152.999

   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)   Temporary signs require a permit, except as provided in this subchapter, and may be permitted up to 30 days each calendar year. No more than four temporary commercial signs may be erected per use in one calendar year.

   (B)   Temporary signs shall be securely affixed to the ground or a building, or a pole designated only to a temporary sign. Temporary signs shall be durably constructed of weather resistant material.

   (C)   Person-assisted signs shall not be located more than ten feet from the entrance to a building or within ten feet of a right-of-way.

(Ord. 301, passed 8-18-2022) Penalty, see § 152.999

         (c)   No more than four flags as accessory to a dwelling, excluding any flags that are minor signs.

         (c)   No more than four flags as accessory to a non-dwelling are permitted.

      (3)   Off-premises signs are prohibited for both dwellings and non-dwellings.

 

 

(Ord. 301, passed 8-18-2022; Ord. 341, passed 1-23-2025) Penalty, see § 152.999

   Signage in the Recreational (Rec) District poses a heightened risk of visual blight and unsightly clutter, as recreational areas typically contain markedly less signage particularly in areas where there is vast open space. As a result, signs in the Recreational (Rec) District should be smaller, fewer in number, and limited in sign type in order to limit visual clutter and preserve natural open space.

(Ord. 301, passed 8-18-2022)

      (1)   Permitted sign use as accessory to dwellings shall be the same as for § 152.228.

         (c)   No more than three flags as accessory to a non-dwelling are permitted.

      (3)   Off-premises signs are prohibited.

 

(Ord. 301, passed 8-18-2022; Ord. 318, passed 8-17-2023) Penalty, see § 152.999

      (1)   Permitted sign use as accessory to dwellings shall be the same as for § 152.228.

         (c)   No more than three flags as accessory to a non-dwelling are permitted.

      (3)   Off-premises signs are prohibited.

 

 

(Ord. 301, passed 8-18-2022) Penalty, see § 152.999

      (1)   Permitted sign use as accessory to dwellings shall be the same as for § 152.228.

         (c)   No more than three flags as accessory to a non-dwelling are permitted.

      (3)   Off-premises signs are prohibited.

 

 

(Ord. 301, passed 8-18-2022) Penalty, see § 152.999