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Granville City Zoning Code

ARTICLE 1306

Sign Regulations

1306.01 FINDINGS, PURPOSE, AND INTENT; INTERPRETATION.

   (a)   Signs obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation. The purpose of this chapter is to regulate the size, color, illumination, movement, materials, location, height, and condition of all signs placed on private property for exterior observation, thus ensuring the protection of property values, the character of the various neighborhoods, the 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 chapter allows adequate communication through signage while encouraging aesthetic quality in the design, location, and size of all signs. This chapter shall be interpreted in a manner consistent with the First Amendment guarantee of free speech. If any provision of this chapter 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.
   (b)   Signs not expressly permitted as being allowed by right or by conditional use permit under this chapter, by specific requirements in another portion of this code, or otherwise expressly allowed by the Town Council or Board of Zoning Appeals are prohibited.
   (c)   A sign placed on land or on a building for the purpose of identification, protection or directing persons to a use conducted therein shall be deemed to be an integral but accessory and subordinate part of the principal use of land or building. Therefore, the intent of this article is to establish limitations on signs in order to ensure they are appropriate to the land, building or use to which they are appurtenant and are adequate for their intended purpose while balancing the individual and community interests identified in subsection (a) of this section.
   (d)   These regulations are intended to promote signs that are compatible with the use of the property to which they are appurtenant, landscape and architecture of surrounding buildings, and that are legible and appropriate to the activity to which they pertain, are not distracting to motorists, and are constructed and maintained in a structurally sound and attractive condition.
   (e)   These regulations distinguish between portions of the Town designed for primarily vehicular access and portions of the Town designed for primarily pedestrian access.
   (f)   These regulations do not regulate every form and instance of visual speech that may be displayed anywhere within the jurisdictional limits of the Town. Rather, they are intended to regulate those forms and instances that are most likely to meaningfully affect one or more of the purposes set forth above.
   (g)   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 visual display while still reducing and mitigating the extent of the harms caused by signs.
(Passed 8-28-18.)

1306.02 PERMIT REQUIRED.

   (a)   A sign permit is required prior to the display and erection of any sign except as provided in this Code.
   (b)   Application for Permit.
      (1)   An application for a sign permit shall be filed with the Zoning Officer on forms furnished by the Town of Granville. 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 a temporary sign shall state the dates intended for the erection and removal of the sign. 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 relating 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 Zoning Officer 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, regulations, and ordinances shall be approved.
      (3)   If the application is rejected, the Town shall provide a list of the reasons for the rejection in writing. An application shall be rejected for non-compliance with the terms of this code, the building code, or other applicable law, regulation, or ordinance.
   (c)   A nonrefundable fee shall accompany all sign permit applications. The permit fee shall be set by Town Council.
   (d)   Duration and Revocation of Permit. If a sign is not installed within six (6) months following the issuance of a sign permit (or within 30 days in the case of a temporary sign permit), the permit shall be void. The permit for a temporary sign shall state its duration, not to exceed thirty (30) days unless another time is provided in the zoning ordinance. The Town may revoke a sign permit under any of the following circumstances:
      (1)   The Town determines that information in the application was materially false or misleading;
      (2)   The sign as installed does not conform to the sign permit application; or
      (3)   The sign violates this code, the building code, or other applicable law, regulation, or ordinance.
   (e)   Appeals from the denial or granting of a sign permit shall be made to the Board of Zoning Appeals pursuant to the process set out in the zoning ordinance for appeals to the Board of Zoning Appeals. (Passed 8-28-18.)

1306.03 PERMIT NOT REQUIRED.

   A sign permit is not required for:
   (a)   Signs required by law.
   (b)   Flags up to sixteen (16) square feet, not containing a commercial message.
   (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 Section 1306.06.
   (d)   Temporary signs as follows:
      (1)   One (1) sign, not illuminated, 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 in the Mixed Use Zoning District, Factory-built Home Zoning District, and Multi-Family Zoning District, not more than one sign with a total area of up to twelve (12) square feet and a maximum height of six (6) feet, and on any property for sale or rent in the General Commercial Zoning District and Light and Heavy Industrial Zoning Districts, not more than two signs with a total area of up to thirty-two (32) square feet and a maximum height of eight (8) feet.
      (3)   On residential property, one or more non-commercial temporary signs with a total area of no more than twelve (12) square feet for no more than ninety (90) days.
      (4)   On residential property, non-commercial window signs, provided that the total extent of window signs do not obstruct more than twenty-five (25%) percent of the total area of all windows on each building façade.
   (e)   Not more than two (2) minor signs per use.
   (f)   A-frame signs more than fifty (50) feet from the nearest public right of way.
   (g)   Pavement markings. Any sign applied directly and entirely to and flush with an asphalt, concrete, or similar paved surface.
   (h)   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. However, the square footage of such sign(s) shall count towards the allowable maximum sign square footage on a particular property.
      (Passed 8-28-18.)

1306.04 PROHIBITED SIGNS.

   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. Any such sign is subject to immediate removal and disposal by an authorized Town official as a nuisance.
      (4)   Vehicle or trailer signs.
      (5)   Freestanding signs more than thirty (30) feet in height.
      (6)   Signs hanging from supports, except against the face of a building.
      (7)   Animated signs, except where animated sign features as part of an electronic message display are expressly permitted.
      (8)   Flashing signs or other signs displaying flashing, scrolling, or intermittent lights or lights of changing degrees of intensity, except where such signs are expressly permitted.
      (9)   Partially animated and fully animated static electronic message displays.
   (b)   Prohibitions Based on Materials.
      (1)   Signs painted directly on a building, except where expressly permitted by this chapter
      (2)   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.
      (3)   Signs that emit smoke, flame, scent, mist, aerosol, liquid, or gas.
      (4)   Signs that emit sound.
      (5)   Pennants or strings of flags visible from, and within fifty (50) feet of, any public right-of-way.
      (6)   Pole signs less than six (6) feet in height.
   (c)   Prohibitions Based on Location.
      (1)   Off-premises signs, unless specifically permitted by this chapter.
      (2)   Signs erected on public land other than those approved by an authorized Town official in writing, required by law without such approval, or permitted under West Virginia law. Any sign not so authorized is subject to immediate removal and disposal by any authorized official. Removal of the sign under this provision does not preclude prosecution of the person responsible for the sign.
      (3)   Signs on the roof surface or extending above the roofline of a building or its parapet wall.
      (4)   Neon signs, except in windows.
      (5)   Any sign located in the clear sight triangle formed by any two (2) or more intersecting streets.
      (6)   Window signs whose aggregate area on a window or door exceed twenty-five (25) percent of the total area of the window or door.
         (Passed 8-28-18.)

1306.05 GENERAL REQUIREMENTS.

   (a)   Setback. Except as otherwise permitted, all freestanding signs and flagpoles shall be set back from any public right-of-way at least the height of the sign or flagpole.
   (b)   Illumination.
      (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 cd/m².
         D.   "SI (International System of Units)" means the modern metric system of measurement, abbreviated SI for the French term "Le Systeme International d'Unites."
      (2)   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 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 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)   Material. Signs shall be of quality design, construction, color, and materials consistent with the design of the building and/or development. This includes glass, masonry, wood, natural stone, ornamental metalwork, and ceramics. Paint and metal gilt work are also acceptable. Signs painted on cloth awnings are permissible. Signs shall be constructed of durable materials.
   (d)   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 for 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.
   (e)   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.
   (f)   Wall Signs. Wall signs shall provide as part of a zoning permit application:
      (1)   Express permission from the operator and/or owner of the building;
      (2)   The name and address of the person applying or installing the wall sign; and
      (3)   A clear drawing of the proposed wall sign including dimensions and its location.
   (g)   Electronic message displays shall be placed perpendicular to residential structures and shall comply with Federal Communications Commission regulations, including the avoidance of harmful interference with radio frequencies. (Passed 8-28-18.)

1306.06 NONCONFORMING SIGNS.

   Signs lawfully existing on the effective date of this chapter or prior ordinances, which do not conform to the provisions of this chapter, and signs which are accessory to a nonconforming use shall be deemed to be nonconforming signs and may remain except as qualified below. The burden of establishing nonconforming status of signs and of the physical characteristics/location of such signs shall be that of the owner of the property.
   (a)   No nonconforming sign shall be enlarged nor shall any feature of a nonconforming sign, such as illumination, be increased.
   (b)   No nonconforming sign shall 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.
   (c)   A nonconforming sign that is destroyed or damaged by any casualty to an extent not exceeding fifty (50) percent of its area may be restored within six (6) months after such destruction or damage but shall not be enlarged in any manner. If such sign is so destroyed or damaged to an extent exceeding fifty (50) percent, it shall not be reconstructed but may be replaced with a sign that is in full accordance with the provisions of this article.
   (d)   A nonconforming sign which is changed to becoming conforming or is replaced by a conforming sign shall no longer be deemed nonconforming, and thereafter such sign shall be in accordance with the provisions of this code.
   (e)   A nonconforming sign structure shall be subject to removal. In addition, a nonconforming sign structure shall be removed if the use to which it is accessory has not been in operation for a period of one year or more. Such sign structure shall be removed by the owner or lessee of the property. If the owner or lessee fails to remove the sign structure, the zoning officer shall give the owner written notice of fifteen (15) days to remove the sign structure. Upon failure to comply with this notice, the zoning officer may enter the property upon which the sign is located and remove any such sign or initiate such action as may be necessary to gain compliance with this provision. The cost of such removal shall be chargeable to the owner of the property.
   (f)   Nonconforming signs shall not be extended or structurally reconstructed or altered in any manner, except a sign face may be changed so long as the new face has equal or less sign height and area as the prior sign.
   (g)   Nothing in this section shall be deemed to prevent keeping a nonconforming sign in good repair. (Passed 8-28-18.)

1306.07 MAINTENANCE AND REMOVAL.

   (a)   All signs shall be constructed and mounted in compliance with the West Virginia Uniform Statewide Building Code.
   (b)   All signs and components thereof shall be maintained in good repair and in a safe, neat, and clean condition.
   (c)   Safety Hazard. The Zoning Officer 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.
   (d)   Nuisance. Any sign which constitutes a nuisance shall be abated by the owner within thirty (30) days of notice by the Zoning Officer. At any time, the Zoning Officer 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.
   (e)   Illegal sign and good condition. Any sign which is illegal or in disrepair shall be made conforming or repaired within thirty (30) days of notice from the Zoning Officer. If an illegal sign or a sign in disrepair is not made conforming or repaired, the Zoning Officer 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.
   (f)   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 Zoning Officer 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.
   (g)   Signs located within ten (10) feet of any public right-of-way and in violation of this code may be impounded at any time.
   (h)   The owner of any commercial sign, 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 8-28-18.)
 

1306.08 TEMPORARY SIGNS.

   (a)   Temporary signs require a permit, except as provided in this article, and may be permitted up to seven (7) days before an event and one (1) day after an event, or no more than (30) days, whichever is less.
   (b)   A use may erect one temporary, off-premises sign on property in any district with the consent of the persons in charge of such properties, no more than two (2) times in one calendar year. Each sign shall be no more than three (3) feet in height and six (6) square feet in area, which area counts against the maximum sign area permitted on that lot.
   (c)   No more than one (1) permitted temporary sign may be displayed per lot in the mixed use zoning district, multi-family zoning district, and factory-built home neighborhood district.
   (d)   No more than ten (10) permitted temporary signs may be displayed per lot in the general commercial zoning district, light industrial district, and heavy industrial district.
(Passed 8-28-18.)

1306.09 SIGNS FOR MIXED-USE, MULTI-FAMILY RESIDENTIAL, AND FACTORY-BUILT HOME NEIGHBORHOOD.

   (a)   Permitted sign use as accessory to dwellings: flag, minor sign, wall sign, window sign, sign affixed to mailbox. Permitted temporary sign use as accessory to dwellings: wicket sign and window sign.
   (b)   Permitted sign use as accessory to non-dwellings: changeable message sign, freestanding sign, monument sign, wall sign, static electronic message display, and window sign. Permitted as accessory to non-dwellings only in the Mixed Use District: static electronic message display with transition features. Only one of each is permitted per use, except wall signs and window signs. Permitted temporary sign use as accessory to non-dwellings: wicket signs and window signs. Permitted temporary signs as accessory to non-dwellings only in the Mixed Use District: A-frame signs, banners, and chalkboard signs.
   (c)   No more than two flags as accessory to dwellings and non-dwellings are permitted, except there is no limit to the number of flags for a government building.
   (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 Nondwellings
Temporary Signs
Flags
Free-Standing Sign
Max. Sign Area
4 sq. ft.
64 sq. ft.
16 sq. ft.
24 sq. ft. each
6 sq. ft. (Limit 1 per Lot or combination of Lots occupied by a single Principal Use)
Max. Height
4 ft.
4 ft.
4 ft.
25 ft.
None
(Ord. 6-25-24.)

1306.10 SIGNS FOR GENERAL COMMERCIAL DISTRICT.

   (a)   Permitted sign use as accessory to dwellings shall be the same as for Section 1306.09.
   (b)   Permitted sign use as accessory to non-dwellings: a-frame sign, awning sign, canopy sign, chalkboard sign, changeable copy sign, feather sign, freestanding sign, marquee sign, monument sign, neon sign, projecting sign, wall sign, window sign, static electronic message display, and static electronic message display with transition features. Only one of each is permitted per use, except wall signs, window signs, and permitted off-premises signs. Permitted temporary sign use as accessory to non-dwellings: A-frame signs, banners, chalkboard signs, feather signs, inflatable signs, pennant, wicket signs, and window signs.
   (c)   Off-premises signs are permitted and are counted towards the maximum square footage permitted on that lot.
   (d)   No more than two flags as accessory to a non-dwelling are permitted, except there is no limit to the number of flags for a government building. (Passed 8-28-18.)
   (e)   Dimension Specifications Chart. All maximum sign area requirements include the sum total sign area of all signs per use.
 
Freestanding Signs
All Other Signs
Temporary Signs
Flags
Max. Sign Area (each/total)
400 sq. ft.
300 sq. ft.
12 sq. ft. (max number of 10)
45 sq. ft. each
Max. Height
30 ft.
10 ft.
3 ft.
25 ft.
(Passed 8-27-19.)
   

1306.11 SIGNS FOR LIGHT AND HEAVY INDUSTRIAL DISTRICTS.

   (a)   Permitted sign use as accessory to dwellings shall be the same as for section 1306.09.
   (b)   Permitted sign use as accessory to non-dwellings: a-frame sign, awning sign, banner, canopy sign, chalkboard sign, changeable copy sign, feather sign, freestanding sign, marquee sign, monument sign, neon sign, projecting sign, wall sign, window sign, static electronic message display, and static electronic message display with transition features. Only one of each is permitted per use, except wall signs, window signs, and permitted off-premises signs. Permitted temporary sign use as accessory to non-dwellings: A-frame signs, banners, chalkboard signs, feather signs, inflatable signs, pennant, wicket signs, and window signs.
   (c)   Off-premises signs are permitted and are counted towards the maximum square footage permitted on that lot.
   (d)   No more than two flags as accessory to a non-dwelling are permitted, except there is no limit to the number of flags for a government building.
   (e)   Dimension Specifications Chart. All maximum sign area requirements include the sum total sign area of all signs per use.
 
Freestanding Signs
All Other Signs
Temporary Signs
Flags
Max. Sign Area (each/total)
32 sq. ft.
50 sq. ft.
6 sq. ft. (max number of 10)
45 sq. ft. each
Max. Height
30 ft.
10 ft.
3 ft.
25 ft.
(Passed 8-28-18.)