The purpose of this chapter is to promote the public health, safety and welfare by establishing standards and criteria for the construction, installation, maintenance, and operation of signs in the City, which are subject to the provisions of this chapter and to provide a comprehensive system of reasonable, consistent and nondiscriminatory sign standards and requirements. It also is the purpose of these regulations to provide for the removal of those signs that do not comply with these regulations. More specifically, this chapter is intended to:

1. Enhance and protect the physical appearance of the City.
2. Protect property values.
3. Promote and maintain visually attractive, high value residential, retail, commercial and industrial districts.
4. Promote the economic well-being of the City by creating a favorable physical image.
5. Ensure that signs are located and designed to:
   1. Provide an effective means of way-finding in the community.
   2. Afford the community a fair and equitable way to advertise and promote its products and services.
   3. Reduce sign clutter and the distractions and confusion that may be contributing factors in traffic congestion and accidents, and maintain a safe and orderly pedestrian and vehicular environment.
   4. Minimize the disruption of scenic views which when maintained protect important community landmarks.
   5. Afford businesses, individuals and institutions a reasonable opportunity to use signs as an effective means of communication.
   6. Prohibit all signs not expressly permitted by these regulations.
      

1. It shall be unlawful for any person to erect, alter, relocate, or maintain any sign without first obtaining a permit from the City Manager, except as provided in OHMC 15.42.030, Permit Exemptions. No person shall engage in the business of erecting signs without first obtaining a license from the City Clerk. The fee for such license shall be seventy-five dollars ($75.00) for licenses, or renewal of licenses, shall be made on forms furnished by the City Clerk and shall be accompanied by the annual fee. Licenses granted by this section shall expire on the thirtieth day of June each year and shall not be prorated.
2. Prior to submitting a sign permit application to the City Manager, the applicant shall obtain the Zoning Enforcement Officer's approval as to its conformance with this title.
3. The application for a sign permit shall be made upon forms provided by the City Manager’s Office. All applications for off-premise signs shall be accompanied by a registered survey certified by an engineer or surveyor showing the location of the proposed sign. All applications for on-premise signs shall be accompanied by accurate sketches and scaled drawings showing the location of the proposed sign. The Zoning Enforcement Officer may further require that the actual location of a proposed on-premise sign be based on a survey performed by a registered land surveyor or civil engineer, and provided by the applicant.
4. The Zoning Enforcement Officer shall make a safety and maintenance inspection of signs at such times as may be necessary for all signs erected within the corporate limits of the City.
5. The permit fee schedule for all types of signs are as follows:
   
   

   Size	Fee
   0 - 200 square feet	$15.00
   201 - 350 square feet	25.00
   351 - 450 square feet	30.00

   
   

A permit shall not be required for the following signs. These signs shall be allowed in addition to the maximum number and square footage of signs as permitted in the other sections of this chapter.

1. Servicing, repainting, cleaning, or changing the changeable copy message of an existing sign, except where such activity requires structural alterations.
2. House number or nameplate identifying the occupant or address of a structure and not exceeding one square foot in area.
3. On-premise real estate signs advertising the sale, rental or lease of a structure or parcel of property.
4. Memorial or historical sign or tablet, or name of building and date of erection, when cut into any masonry surface or when constructed of bronze or other noncombustible material.
5. Sign painted on or attached to a motor vehicle when said sign does not project higher or longer than the vehicle to which it is attached and when such vehicle is properly licensed and operational.
6. Flag bearing the official design of the United States, State of West Virginia, or City of Oak Hill; however, such flag shall not have any part lower than nine feet above a sidewalk.
7. Traffic or other municipal sign, such as legal notice, railroad crossing, or danger or other emergency sign as may be approved by City Council, the City Manager, or the Planning and Zoning Commission.
8. Miscellaneous advisory signs less than two square feet, such as “Beware of Dog” or “No Trespassing”.
9. Construction site signs advertising the owner, contractor, developer, materials supplier, etc. displayed on a site on a temporary basis during construction.

1. Determining Sign Area.
   1. The permitted maximum size of a sign shall apply to the entire area enclosing the extreme limits of writing, representation, emblem or figure, together with any frame or other material or color forming an integral part of the display or used to differentiate a sign from the background against which it is placed. Necessary supports or uprights on which a sign is placed are excluded from the measurement of sign area except in the East End Historic District.
   2. The permitted maximum size of a sign shall apply to each facing of a sign structure; however, where signs are double-faced, placed back-to-back, or in V-type construction, only one side of the sign shall be counted when the V is at a 45 degree angle or less.
   3. If a sign is painted over a wall that had to be painted to eliminate a previous sign or similar problem, even though the color unintentionally seems to make the entire wall a part of the new sign, the entire wall shall not constitute the new sign area.
   4. The sign area calculation for properties with multiple street fronts shall be calculated separately for each street frontage and shall not be combined for the purpose of creating a larger sign rather than multiple smaller signs.
      
      
   Figure 15.42.040(a): Determining Sign Area
2. Adjustment of Sign Area for Freestanding Signs in Commercial and Industrial District.
   1. For every five (5) feet that a freestanding sign is reduced in height below the permitted maximum height, the area of the sign may be increased by ten (10) percent up to a maximum increase of twenty (20) percent.
   2. For every one (1) square foot that the area of a freestanding sign is reduced below the maximum permitted area, the maximum area of a permitted wall sign may be increased by 1 square foot not to exceed a maximum increase of 20 percent.
   3. If both of the above provisions are applied to a property, the calculations of Part A shall be made prior to the calculation in Part B.
   4. For properties with a street frontage exceeding 400 linear feet, one additional freestanding sign is permitted.
3. Determining Building Frontage. For the purposes of this section, the building frontage shall include the building walls that face a public street. For the purposes of these sign regulations, a public alley is not considered a public street.
   1. The building frontage shall be measured along such building wall between the exterior faces of the exterior side walls.
   2. In the case of an irregular wall surface, a single straight line approximating such wall surface shall be used to measure the wall’s length.
   3. For multi-occupant buildings, the portion of a building line that is owned or leased by a single occupant shall be considered a building unit. The building frontage for a building unit shall be measured on the ground floor from the centerline of the party walls defining the building unit.
      
      
   Figure 15.42.040(b): Determining Building Frontage
   
   

The following signs shall be prohibited in all districts, except as otherwise noted herein:

1. Signs which incorporate in any manner flashing or moving lights or any other visible moving or revolving part, attention attracting device, except for time, temperature, or date signs.
2. Banners, pennants, flags, spinners, or streamers, except as permitted in OHMC 15.42.070 Temporary Signs in Residential Districts, and OHMC 15.42.080 Temporary Signs Permitted in Commercial and Industrial Districts.
3. Signs which obstruct or impair the vision of drivers or obstructs or detracts from the visibility of, or resembles, any traffic sign or traffic control device on a public street or road, by reason of size, shape, location, color, or illumination.
4. Signs which make use of words such as "STOP", "LOOK", "DANGER", or other similar words, phrases, symbols, or characters in such a manner as to imply the need or requirement of stopping or the existence of danger.
5. Sign which obstructs free ingress or egress for a door, window, fire escape, or other exit way required by the Building or Fire Code.
6. Portable signs.
7. Signs containing graphics or lettering illustrating specified sexual activities and/or specified anatomical areas, as defined within this title.
8. Any sign which no longer advertises a bona fide business, activity, campaign, service or product, including real estate signs.
9. Any sign not in compliance with regulations involving highway interstate standards and specifications.
10. Roof signs.
11. Merchandise, equipment, products, vehicles, or other items not themselves for sale and placed for attention getting, identification or advertising purposes.
12. Any sign erected on a tree or utility pole.
13. Any sign structure or frame no longer containing a sign.
14. Any sign that is structurally or electrically unsafe.
15. Temporary signs located in a public right-of-way.
16. Digital, LED or similar signs, except for time, temperature, or date signs, except as permitted in OHMC 15.42.080.
17. Projecting signs, except were blade signs are specifically permitted.
    
    Figure 15.42.050(a): Sign Types
    
    

1. All signs shall comply with the provisions of OHMC 15.40.070, Obstruction of Vision and Fencing.
2. A pole sign shall not extend over a public right-of-way.
3. A wall sign shall not extend above any roof line or further than twelve (12) inches from the building, or part of the building, to which the sign is attached.
4. No shingle sign or marquee sign shall be lower than nine (9) feet above ground level.
5. No sign shall be permitted to be erected unless the back of such structure is shielded from public view by a building, other structure, high planting, or another sign of the same size (where permitted), or unless such back is painted a neutral color or is enclosed in a solid metal backing that is treated or painted against corrosion.
6. The painted portions of signs shall be periodically repainted and kept in good condition.
7. The general area in the vicinity of a sign must be kept clear of weeds, debris, trash and other refuse by the property owner.
8. The roofs of all marquees shall be properly guttered and connected by down spouts to a sewer so that the water there from will not drip or flow onto public property.
9. The allowed square footage of window signs in zoning districts B-1 and above shall not exceed 25% of the total square foot area of each window, or up to 50% of the total square foot area of each window if there are no wall signs on the premises. Window sign calculations shall include, but not be limited to, informational signage such as hours of operation and open/closed signs.

Signs for all residential and non-residential uses in residential districts shall comply with the standards set forth in this section. Signs for all residential and non-residential districts shall be limited in number, area, height and setback based on the type of use, as set forth in Part D, Signs Permitted in Residential Districts.

1. Supplemental Regulations for Freestanding Signs in Residential Districts.
   1. Freestanding signs for permitted non-residential uses may have up to fifty (50) percent of the permitted sign area devoted to changeable copy.
   2. When a freestanding sign is permitted on a site that has more than one occupant, it is the property owner’s responsibility to determine if the sign area shall be devoted to identification of the building(s), the anchor occupant, all occupants, or some combination thereof.
2. Supplemental Regulations for Temporary Signs in Residential Districts. For the purposes of this section, the following regulations shall govern temporary signs placed within residential districts:
   1. Temporary signs are designed to be used only for a brief period of time and are not intended to be permanently attached to a building or structure, or permanently installed in or on the ground.
   2. Temporary signs include special event signs, residential garage/yard/carport sales, rummage sales and other similar types of events, and political signs.
   3. Temporary signs shall be permitted for a cumulative total of ninety (90) days per calendar year. This time limit shall not apply to political signs.
3. Instructional Signs in Residential Districts. Instructional signs that are clearly intended for instructional purposes shall be permitted in addition to the maximum number and area of signs, and as needed on a lot located within a planned subdivision or when the lot is devoted to a multi-family or non-residential use, provided such signs comply with the following:
   1. The signs are no larger than two (2) square feet.
   2. The number of instructional signs on the site is the minimum necessary to serve the instructional purpose.
   3. The signs are not located or designed to be legible or serve to attract attention beyond the perimeter of the site.
   4. No advertising on instructional signs shall be permitted.
4. On-Premise Signs Permitted in Residential Districts.

   On-Premise Signs Permitted in Residential Districts (R-R, R-1, R-2, R-3, P-D)
   Type	Maximum Number	Maximum Area	Max Height	Minimum Setback
   Signs for Each Single-Family Dwelling, Duplex or Triplex
   Subdivision Signs	1 per subdivision entrance	18 sq ft	8 ft	5 ft from property line
   Building Signplates	1 per dwelling unit	2 sq ft	NA	NA
   Temporary Signs	2 per building	6 sq ft	4 ft	3 ft from property line
   Instructional Signs	Exempt from regulations when in compliance with Part C.
   Signs for Multi-Family Buildings
   Building Signplates	1 per public entrance	2 sq ft	NA	NA
   Freestanding Signs	1 per development entrance	12 sq ft	8 ft	8 ft from property line
   Temporary Signs	2 per building	6 sq ft	4 ft	3 ft from property line
   Instructional Signs	Exempt from regulations when in compliance with Part C.
   Signs for Non-residential Uses in R-R, R-1, R-2, R-3, and P-D
   Building Signplates	1 per public entrance	2 sq ft	NA	NA
   Freestanding or Wall Signs	1 per street frontage	12 sq ft	8 ft	8 ft from property line
   Temporary Signs	2 per building	6 sq ft	4 ft	3 ft from property line
   Instructional Signs	Exempt from regulations when in compliance with Part C.

1. General Regulations. Signs permitted in all commercial and industrial districts shall comply with the standards set forth in this section. Signs located in all commercial and industrial districts shall be limited in number, area, height and setback based on the type of use, as set forth in the table 15.42.080(G), Signs Permitted in Commercial and Industrial Districts.
2. Supplemental Regulations for Blade Signs. Blade signs are permitted in the B-1, B-2, B-3, and B-R zoning districts provided the following conditions are met:
   1. Such signs may project over a public right-of-way.
   2. Shall be at least nine (9) feet above ground level and no more than twelve (12) feet above ground level.
   3. Shall not exceed thirty (36) inches in width and twenty four (24) inches in height, excluding the structural bracket.
   4. Shall not be internally illuminated.
3. Supplemental Regulations for Freestanding Signs in Commercial and Industrial Districts.
   1. Freestanding signs permitted for non-residential uses may have up to fifty (50) percent of the permitted sign area devoted to changeable copy.
   2. When a freestanding sign is permitted on a site that has more than one occupant, it is the property owner’s responsibility to determine if the sign area shall be devoted to identification of the building(s), the anchor occupant, all occupants, or some combination thereof.
4. Supplemental Regulations for Temporary Signs Permitted in Commercial and Industrial Districts. Signs for temporary uses or special events are permitted, provided that the following conditions are met:
   1. Such signs shall be located only on private property.
   2. Sign permits shall be limited to a duration of thirty (30) days or for the period of time stated on the temporary use permit. See OHMC 15.38.100 Temporary Uses.
   3. No more than three (3) temporary sign permits shall be issued within any twelve (12) month period for the same business in the same location and only one (1) sign may be included on each permit.
   4. Except as permitted by a temporary use permit, temporary signs shall be attached to and parallel with a wall of the building on which wall signs are permitted and shall not exceed 32 square feet in surface area.
   5. Such signs must be made of cloth or vinyl.
   6. Where a temporary use permit specifically authorizes the use of a temporary ground sign, such sign shall not exceed 42 inches in height and 16 square feet in area per side.
   7. Special events, such as those associated with civic, philanthropic, educational purposes, rodeos, and carnivals shall be allowed a temporary sign, provided that:
      1. Up to two (2) ground signs shall be allowed per property per event.
      2. Such sign shall be located only on private property.
      3. Such sign, if a monument sign, shall be limited to 20 square feet each.
      4. Such sign shall be erected no sooner than ten (10) days preceding the event and shall be removed no later than one (1) day following the event.
   8. Banners mounted flat on a vertical surface, not exceeding 32 square feet, and banners mounted on individual light poles, not exceeding 24 square feet, shall be permitted for automobile retail sales establishments in a B-3 District and are not subject to temporary sign time limitations.
   9. Temporary signs include, but are not limited to, special event signs, grand opening signs, and other similar types of events..
5. Instructional Signs. Instructional signs that are clearly intended for instructional purposes shall be permitted in addition to the maximum number and area of signs, and as needed, provided such signs comply with the following:
   1. The signs are no larger than two (2) square feet.
   2. The number of instructional signs on the site is the minimum necessary to serve the instructional purpose.
   3. The signs are not located or designed to be legible or serve to attract attention beyond the perimeter of the site.
6. Supplemental Regulations for Electronic Reader Boards.
   1. Electronic message boards may be permitted in lieu of a ground sign when accessory to a commercial use, provided the reader board displays:
      1. On-site events only and does not advertise products; and
      2. Motion or animation is limited to 10 seconds within any 60 second period.
7. On-Premise Signs Permitted in Commercial and Industrial Districts Table.
   
   

   On-Premise Signs Permitted in Commercial and Industrial Districts (B-1, B-2, B-3, B-R, and IND)
   Type	Maximum Number	Maximum Area	Max. Height	Minimum Setback
   Signs Permitted in the B-2, B-3, B-R, and IND Districts
   Single Parcel Commercial Establishments
   Building Signplates	1 per public entrance	2 sq ft	NA	NA
   Shingle Signs	1 per public entrance	4 sq ft	NA	NA
   Wall, Awning Canopy or Marquee Signs	No maximum	1.5 sq ft per linear ft of building frontage	NA	NA
   Freestanding Signs	1	50 sq ft	15 ft	5 ft from property line
   Temporary Signs	2 per building	32 sq ft	4 ft	5 ft from property line
   Instructional Signs	Exempt from regulations when in compliance with Part E.
   Multi-tenant Commercial Establishments
   Building Signplates	1 per public entrance	2 sq ft	NA	NA
   Shingle Signs	1 per public entrance	4 sq ft	NA	NA
   Wall, Awning Canopy or Marquee Signs	1 per building frontage	1.5 sq ft per linear ft of building frontage	NA	NA
   Freestanding Signs	1 per lot	50 sq ft + .25 sq ft per linear ft of building frontage	20 ft. 15 ft	5 ft from property line
   Temporary Signs	1 per business	32 sq ft	4 ft	5 ft from property line
   Instructional Signs	Exempt from regulations when in compliance with Part E.
   Signs Permitted in the B-1 Districts
   Building Signplates	1 per public entrance	2 sq ft	NA	NA
   Blade Signs	1 per public street front entrance	6 sq ft	NA	NA
   Wall, Awning Canopy or Marquee Signs	1 per business per building frontage	1.5 sq ft per linear ft of building frontage*	NA	NA
   Monument Signs	1 per building	24 sq ft	10 ft	3 ft from property line
   Electronic Message Board	1 per building	100 sq ft	18 ft	NA
   Temporary Signs	2 per building	32 sq ft	4 ft	Flush against building
   Instructional Signs	Exempt from regulations when in compliance with Part E.

Signs lawfully erected prior to the effective date of this title, and any subsequent amendments, which do not meet the standards of this chapter may be maintained except as hereafter provided.

1. No nonconforming sign shall:
   1. Be changed to another nonconforming sign.
   2. Be structurally altered so as to prolong the life of the sign or so as to change the shape, size, type or design of the sign.
   3. Be re-established or maintained after the activity, business or usage to which it relates has been discontinued for 90 days or longer.
   4. Be repaired or erected after being damaged if the repair or erection of the sign would cost more than fifty (50) percent of the cost of an identical new sign.
2. No person shall be required to remove a sign which was erected in compliance with this chapter if said sign becomes nonconforming due to a change occurring after the effective date of this amendment, in the location of buildings, streets or other signs which change is beyond the control of the owner of the sign and the premises on which it is located.
3. If the owner of a sign or the premises on which a sign is located changes the location of a building, property line or sign, or changes the use of a building so that any sign on the premises is rendered nonconforming, such sign must be removed or made to conform to this chapter.
4. Any nonconforming sign shall be removed upon the change occupancy or use of the premises upon which the sign is located. A change of occupancy or use is a discontinuance of permitted use and the substitution of a use of a different kind or class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.
   

Off-premise signs may be erected, constructed, placed or maintained only in the locations specified herein and in accordance with an approved permit.

1. Permitted Locations. Off-premise signs may be placed only on a lot or parcel located in IND districts as a conditional use.
2. Prohibited Locations. Off-premise signs are prohibited in the following locations:
   1. Upon, projected over, or supported in whole or in part, by or painted onto, any portion of a building; or situated on or attached in any manner to a wall or fence.
   2. Upon or over the right-of-way of any public street.
   3. Within 100 feet of any park, recreation facility, school, church, nor within 250 feet from any scenic easement as defined by the City.
   4. Within fifty (50) feet of any bridge abutment.
   5. Within fifty (50) of any street intersection.
   6. Within 200 feet of any on-premise sign if the on-premise sign is 200 square feet or larger.
   7. Within fifty (50) feet from an existing residential property.
3. Setbacks. Off-premise signs with an area per face of more than forty (40) square feet shall conform to all street frontage setback requirements for structures in the zone in which the off-premise sign is located.
4. Sign Area. Off-premise signs may be single-faced or double-faced with a maximum area per face of 1200 square feet.
5. Height.
   1. All off-premise signs shall maintain a minimum clearance of nine (9) feet between the lowest part of the sign and the highest ground elevation directly there under.
   2. Off-premise signs shall have a maximum height of fifty (50) feet above the grade level of an adjacent interstate highway or thirty-five (35) feet above the grade level of all other streets.
6. Spacing. An off-premise sign shall be located no closer than 500 feet from any other off-premise sign. If signs are located along a state or federal highway, any regulations pertaining to off-premise sign spacing shall apply.
7. Construction. Double-faced off-premise signs shall be so constructed that the area and perimeter of both faces coincide and are back-to-back in parallel planes not more than 3 feet apart. Supporting members of signs with an area per face greater than 128 square feet will be constructed of noncombustible materials.
8. Appearance and Maintenance. Off-premise signs shall be maintained as required to assure a well-kept appearance free from graffiti and cracking or peeling paint. The back of single faced signs visible from adjacent property or a public road shall be solid painted or stained in subdued colors or shall be screened from view.
9. Lighting. Off-premise signs may be illuminated unless otherwise specified, provided such signs are so constructed that no light bulb, tube, filament or similar source of illumination is visible beyond the property lines. Signs making use of lights to convey the effect of movement, or flashing, intermittent or variable intensity lighting shall not be permitted.
10. Movement. No sign shall move or rotate, nor display any moving and/or rotating parts. Wind propellers and other noise creating devices shall not be permitted. Flags, banners, pennants, spinners, streamers and similar devices may not be attached to an off-premises sign.

If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter and/or any other code provisions and/or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality of that part, section, subsection, paragraph, sentence, phrase, clause, term or word of this chapter and/or any other code provisions and/or laws, shall not affect the validity of any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this chapter and/or any other code provisions and/or laws, and shall not affect the prohibition on billboards as contained herein.

A mural may be placed on any outside wall, façade or other surface of a building or structure in any zoning district upon approval of the Oak Hill Beautification Commission subject to the following conditions:

1. The mural is professionally applied and designed to enhance community identity and contribute to the overall visual quality of the City of Oak Hill;
2. The mural does not contain any commercial message, product, company, trademark, trade name or logo or otherwise advertise a product, service or business, except for appropriately scaled sponsorship credits;
3. The mural does not contain any obscene images or wording;
4. The mural should not be located where it would damage or obscure historically significant buildings, materials, details or features. Historic unpainted brick or stone should not be painted;
5. The individual or organization requesting permission to create a mural executes a proper maintenance plan to clean and repair the mural as necessary.
   

Subject to the land owner’s consent, a noncommercial message of any type may be substituted for any duly permitted or allowed commercial message; provided, that the sign structure or mounting device is legal without consideration of message content. Such substitution of message may be made without any additional approval or permitting. This provision prevails over more specific provisions to the contrary within this chapter. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. This provision does not create a right to increase the total amount of signage on a parcel, nor does it affect the requirement that a sign structure or mounting device be properly permitted.