(a)

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; 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 article 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 article shall be interpreted in a manner consistent with the First Amendment 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 that can be given effect without the invalid provision.

(c)

Signs not expressly permitted under this Code are prohibited.

(Ord. of 5-9-2023)

(a)

Application for permit. Except as provided in this Code, a permit is required prior to the display and erection of any sign.

(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 twenty 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.

(b)

Permit fee. A nonrefundable fee shall accompany all permit applications. The permit fee schedule shall be set by the city.

(c)

Duration and revocation of permit. If a sign is not installed within six months following the issuance of a permit or the time period stated within the permit, or within thirty days for a temporary permit, the permit shall be void. The permit for a temporary sign shall state its duration, not to exceed thirty days unless otherwise provided in this Code. The zoning officer may revoke a 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 permit application; or

(3)

The sign violates this Code, building code, or other applicable law.

(d)

Appeals. Appeals from the denial or granting of a permit shall be made to the board of zoning appeals pursuant to the process set forth in this Code.

(Ord. of 5-9-2023)

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 sixteen 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 twelve 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 twelve square feet and a maximum height of six feet.

(3)

On dwellings, no more than four temporary signs at one time with a total area of no more than twelve square feet, and that are removed within thirty days after being erected.

(4)

Window signs, provided that the total area of window signs does not exceed twenty-five percent of the total area of all windows on each building façade, and such signs are removed within thirty days after being erected.

(5)

On any property where a new use began activity within the last six months, banners for not more than fifteen days.

(e)

Two 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 of the total area of the window or door.

(Ord. of 5-9-2023)

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 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 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)

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

(8)

Signs made of plywood.

(9)

Signs limiting the flow of pedestrian traffic.

(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 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 expressly permitted in a district.

(c)

Prohibitions based on location.

(1)

Off-premises signs, unless expressuly permitted under this Code.

(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 days of notice of charges. 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 greater than five square feet in area.

(4)

Any sign located in the vision triangle formed by any two 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 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.

(Ord. of 5-9-2023)

(a)

Setback and placement. Except as otherwise expressly permitted, all freestanding signs and flagpoles shall be set back from any public right-of-way at least the height of the sign. Electronic message displays shall be placed perpendicular to residential structures where possible and shall comply with Federal Communications Commission 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 city and to ensure the safety of drivers and pedestrians, while also ensuring that signs are adequately able to convey sign messages.

(1)

Definitions.

(i)

"Candela" means the basic unit of measurement of light in SI (metric) units.

(ii)

"Candela per square meter (cd/m ² )" 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.

(iii)

"Nit" means a photometric unit of measurement referring to luminance. One nit is equal to one cd/m ² .

(iv)

"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 cd/m ² 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 cd/m ² or Nits.

(4)

All permanent 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 square feet per tenant. In no case shall any tenant sign exceed forty 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.

(e)

Number of signs. All signs displayed on a lot, whether permanent or temporary, and regardless of the type of sign are counted towards the maximum number of signs permitted per use.

(f)

Wall signs.

(1)

Wall signs larger than sixty square feet shall provide as part of a zoning permit application:

(i)

Express permission from the operator or owner of the building;

(ii)

The name and address of the person applying the wall sign; and

(iii)

A clear drawing of the proposed wall sign including dimensions and location.

(2)

Wall signs larger than sixty square feet are subject to the design review standard in subsection (g).

(g)

Design review standards for signs. Design review standards shall apply to wall signs in excess of sixty square feet. The board of zoning appeals shall issue zoning permits for signs within forty 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 of lettering 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 signs in the area.

(Ord. of 5-9-2023)

(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)

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 of the sign's area may be restored within six months 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 fifty percent 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.

(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 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 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 thirty 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 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. of 5-9-2023)

(a)

All signs shall be constructed and mounted in compliance with the 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 zoning officer may cause to have removed or repaired immediately without written notice any sign that 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 days of notice of charges.

(c)

Nuisance. Any sign that constitutes a nuisance shall be abated by the owner within thirty 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 days of notice of charges.

(d)

Illegal sign and disrepair. Any sign that is illegal or in disrepair shall be made conforming or repaired within thirty days of notice from the zoning officer. 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 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 days of notice of charges.

(e)

Expired permit. Any sign for which a permit has expired shall be removed within five 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 days of notice of charges.

(f)

The owner of any commercial sign, whether conforming or nonconforming, other than a permitted off-premises sign, located on commercial property where the use or business has ceased operating shall, within sixty days of the cessation of the use or business operation, remove temporary signs and all aspects of any permanent signs that refer to the use or business. Property owners may request, in writing, a waiver of such requirement, if the use is 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. of 5-9-2023)

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 article. Noncommercial temporary signs are permitted up to thirty days each calendar year commercial temporary signs are permitted for thirty consecutive days up to three times per year.

(b)

A use may erect one temporary, off-premises sign on property in any district where permitted, except residential districts, with the consent of the persons in charge of such properties, no more than two times in one calendar year. Each sign shall be no more than eight feet in height and sixteen square feet in area, and such area counts against the maximum sign area permitted on that lot.

(c)

No more than one temporary, off-premises sign may be displayed per lot.

(d)

Temporary signs shall be securely affixed to the ground or a building, or a pole designated only to a single temporary sign.

(e)

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.

(f)

Temporary signs shall be constructed of durable weatherproof materials.

(Ord. of 5-9-2023)

(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, i.e. 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: Flag, geological, minor, topiary, and wall. Only wall signs are permitted on river frontage. No more than four permanent signs are permitted by right per dwelling.

(2)

Permitted temporary signs as accessory to dwellings: Banner, beacon, chalkboard, feather, flag, inflatable/tethered, minor, pennant, wicket, and window. Only flags and banners are permitted on river frontage. No more than five temporary signs are permitted by right per dwelling.

(3)

No more than four flags as accessory to dwellings.

(c)

Signs permitted as accessory to non-dwellings.

(1)

Permitted permanent sign use as accessory to non-dwellings: Changeable copy, flag, geological, minor, monument, projecting, topiary, and wall. Only wall signs are permitted on river frontage. No more than three permanent signs are permitted by right per use.

(2)

Permitted temporary signs: Banner, beacon, chalkboard, changeable copy, feather, flag, inflatable/tethered, minor, pennant, wicket and window. Only flags and banners are permitted on river frontage. No more than five temporary signs are permitted by right per use.

(3)

No more than four flags.

(d)

Dimension specifications chart. All maximum sign area requirements include the sum total sign area of all signs per use.

(Ord. of 5-9-2023)

(a)

Purpose. Signage in commercial districts is allowed to a somewhat greater extent while maintaining proportion to the size and scope of uses typically present. However, even these more intensive uses in smaller communities are limited in signage to some degree in order to maintain small-town character and limit visual distraction by signage.

(b)

Permitted sign use as accessory to dwellings shall be the same as for section 27-114.

(c)

Signs permitted as accessory to non-dwellings.

(1)

Permitted permanent sign use as accessory to non-dwellings: Awning/canopy, changeable copy, EMD static, EMD static w/transition, flag, geological, minor, monument, neon, projecting, topiary, wall, and window. Only wall signs are permitted on river frontage. No more than five permanent signs are permitted by right per use.

(2)

Permitted temporary signs: A-Frame, banner, beacon, chalkboard, changeable copy, feather, flag, inflatable/tethered, minor, pennant, person-assisted, wicket, and window. Only flags and banners are permitted on river frontage. No more than three temporary signs are permitted by right per use.

(3)

No more than four flags.

(d)

Dimension specifications chart. All maximum sign area requirements include the sum total sign area of all signs per use. Wall signs shall not be subject to maximum height or area requirements.

(Ord. of 5-9-2023)

(a)

Purpose. Signage in heavier commercial and industrial districts is 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 districts. 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.

(b)

Permitted sign use as accessory to dwellings shall be the same as for section 27-114.

(c)

Signs permitted as accessory to non-dwellings.

(1)

Permitted permanent sign use as accessory to non-dwellings: A-Frame; awning/canopy; banner; changeable copy; EMD, static; EMD, static w/transition; flag; freestanding; geological; minor; monument; topiary; wall; and window. Only wall signs are permitted on river frontage. No more than six permanent signs are permitted by right per use.

(2)

Permitted temporary signs: A-Frame, banner, beacon, chalkboard, changeable copy, feather, flag, inflatable/tethered, minor, pennant, person-assisted, wicket, and window. Only flags and banners are permitted on river frontage. No more than three temporary signs are permitted by right per use.

(3)

No more than four flags.

(d)

Dimension specifications chart. All maximum sign area requirements include the sum total sign area of all signs per use. Wall signs shall not be subject to maximum height or area requirements.

(Ord. of 5-9-2023)

(a)

Purpose. On-premises signage in conservation areas is essential for the operation of a variety of uses. However, in order to maintain the natural beauty of these areas, signage that is less intrusive by being smaller, shorter in height, and more uniform in sign type should be utilized to preserve the aesthetic qualities of these distinct areas.

(b)

Permitted sign use as accessory to dwellings shall be the same as for section 27-114.

(c)

Signs permitted as accessory to non-dwellings.

(1)

Permitted permanent sign use as accessory to non-dwellings: flag, freestanding, geological, monument, topiary. No more than three permanent signs are permitted by right per use.

(2)

Permitted temporary signs: Banner, beacon, chalkboard, feather, flag, inflatable/tethered, minor, pennant, person-assisted, wicket, and window. No more than six temporary signs are permitted by right per use.

(3)

No more than five flags.

(d)

Dimension specifications chart. All maximum sign area requirements include the sum total sign area of all signs per use.

(Ord. of 5-9-2023)