Weston City Zoning Code

SIGN REGULATIONS

§ 157.145 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 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 all 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 to the Constitution of the United States 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 which can be given effect without the invalid provision.

(D) The city is not subject to the requirements of this subchapter.

(Ord. passed 6-3-2019)

§ 157.146 PERMIT REQUIRED.

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

(1) An application for a sign permit shall be filed with the 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 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 preprogrammed, to the extent possible, to conform to the requirements of this code. Such manufacturer’s statement shall include, where applicable, the pre-stacked sign settings related to text and graphic features, message change features, message change time intervals, day and night lighting requirements, and any other settings capable of limiting the electronic message display such that it conforms to this code.

(2) The 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 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.

(B) Permit fee. A nonrefundable fee shall accompany all sign permit applications.

(1) The permit fee schedule shall be set by the city.

(2) If the sign is part of a new construction or renovation project, the cost of the sign permit fee shall be included in the total project permit fee.

(C) Duration and revocation of permit. If a sign is not installed within six months following the issuance of a sign permit or the time period stated within the permit, or within 30 days for a temporary sign permit, the permit shall be void. The permit for a temporary sign shall state its duration, not to exceed 60 days unless otherwise provided in this code. The Zoning Officer may revoke a sign permit under any of the following circumstances:

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

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

(3) The sign violates this code, Building Code, or other applicable law, regulation, or ordinance.

(D) Appeals. Appeals from the denial or granting of a sign permit shall be made to the Board of Zoning Appeals pursuant to the process set forth in this code.

(Ord. passed 6-3-2019)

§ 157.147 PERMIT NOT REQUIRED.

(A) The purpose of not requiring a permit for some signage is to exempt certain signs that are frequently used, often by private citizens, and which typically have less of an impact on the public safety and aesthetic concerns.

(B) Signs permitted under this section count toward the maximum sign area and maximum number of signs allowed per use. A sign permit is not required for:

(1) Signs required by law;

(2) Flags up to 16 square feet;

(3) 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;

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

(a) One sign, no illumination, no more than 12 square feet in area, located on property where a building permit is active;

(b) On any property for sale or rent, one sign with a total area of up to 12 square feet and a maximum height of six feet;

(d) 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; or

(e) On any property where a new use began activity within the last six months, banners for not more than 15 days.

(5) Two minor signs per use;

(6) Pavement markings. Any sign applied directly and entirely to and flush with an asphalt, concrete, or similar paved surface; and

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

(Ord. passed 6-3-2019)

§ 157.148 PROHIBITED SIGNS.

(A) 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.

(B) In addition to signs prohibited elsewhere in this code or by applicable state or federal law, the following signs are prohibited.

(1) General prohibitions. The following are prohibited:

(a) Signs that violate any state or federal law relating to outdoor advertising or in violation of this code;

(b) Signs attached to natural vegetation;

(c) Signs simulating, or which are likely to be confused with, a traffic control sign or any other sign displayed by a public authority;

(d) VEHICLE OR TRAILER SIGNS, defined as any sign attached to or displayed on a vehicle, if the vehicle or trailer is used for the primary purpose of advertising a business establishment, product, service, or activity and it fails to display current license plates, 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;

(e) Animated signs, except where animated sign features as part of an electronic message display are expressly permitted;

(f) Flashing signs or other signs displaying flashing, scrolling, or intermittent lights or lights of changing degrees of intensity, except where flashing features as part of an electronic message display are expressly permitted; and

(g) Beacons.

(2) Prohibitions based on materials. The following are prohibited:

(a) 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;

(b) Signs that emit smoke, flame, scent, mist, aerosol, liquid, or gas;

(d) Neon signs, except in windows where permitted in a district.

(3) Prohibitions based on location. The following are prohibited:

(a) Off-premises signs, unless specifically permitted by this chapter;

(b) Signs erected on public land other than those approved by the Zoning Officer in writing, required by law without such approval, or permitted under state 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;

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

(e) 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.

(Ord. passed 6-3-2019)

§ 157.149 GENERAL REQUIREMENTS.

(A) Setback and placement. All signs 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 FCC regulations, including the avoidance of harmful interference with radio frequencies.

(B) Illumination. The purpose of the following provisions regulating signage lighting is to ensure that signs are lighted in such a manner as to maintain aesthetic consistency with signs already existing in the community and to ensure the safety of drivers and pedestrians, while also ensuring that signs are adequately able to convey sign messages.

(1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CANDELA. The basic unit of measurement of light in SI (metric) units.

CANDELA PER SQUARE METER (cd/m2). 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.

NIT. A photometric unit of measurement referring to luminance. One NIT is equal to one cd/m2.

SI (INTERNATIONAL SYSTEM OF UNITS). The modem metric system of measurement, abbreviated SI for the French term “Le Systeme International d’Unites”.

(2) (a) A sign in any district may be illuminated at night. Signs that are illuminated at night may not exceed a maximum luminance level of 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), United States Department of Commerce, for the specific geographic location and date.

(b) 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 10,000 cd/m2 or Nits.

(4) All permitted and conditional use signs may be backlit, internally lighted, or indirectly lighted, subject to lighting limitations in this code. All external sign lighting shall have lighting fixtures or luminaires that are fully shielded.

(5) Temporary signs shall not be lighted.

(C) Maximum height measurements. Wall signs and other signs with sign structures not affixed to the ground are measured from the lowest attached component of the sign to the highest attached component of the sign. The height of signs with sign structures affixed to the ground is measured as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign, subject to limitations in this subchapter. 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 40 square feet per tenant. In no case shall any tenant sign exceed 40 square feet.

(6) All signs displayed, whether permanent or temporary, and regardless of the type of sign are counted toward the maximum sign area allowed per use, except window signs on non-dwellings where permitted.

(E) Wall signs.

(1) Wall signs shall provide as part of zoning permit application:

(a) Express permission from the operator and/or owner of the building;

(b) The name and address of the person applying the wall sign; and

(2) Wall signs larger than 100 square feet are subject to the design review standard in division (F) below.

(F) Compatibility with location. Design review standards for wall signs in excess of 100 square feet and all signs within HO1 and HO2. The Board of Zoning Appeals shall issue zoning permits for signs subject to design review in accordance with Section 323.03, except that the Board of Zoning Appeals shall issue a determination within 40 business days. In determining whether a sign is compatible with the theme and overall character to be achieved in each zoning district or overlay, the Board of Zoning Appeals shall base its compatibility extermination 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; and

(6) The compatibility of the materials used in the construction of the sign with the materials used in the construction of other sign in the area.

(Ord. passed 6-3-2019)

§ 157.150 NONCONFORMING SIGNS.

(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 subchapter.

(4) A nonconforming sign that is destroyed or damaged by any casualty to an extent not exceeding 50% of its area may be restored within six months after such destruction or damage, but shall not be enlarged. If such sign is so destroyed or damaged to an extent exceeding 50% of its area, the sign shall not be reconstructed but may be replaced with a sign that is in full accordance with this code.

(5) Nonconforming sign structures shall be removed if the use to which they are accessory has not been in operation for a period of one year or more, except as provided in Section 323.13(h). 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.

(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.

(Ord. passed 6-3-2019)

§ 157.151 MAINTENANCE AND REMOVAL.

(A) State regulations. 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.

(B) 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 30 days of notice of charges.

(C) Nuisance. Any sign which constitutes a nuisance shall be abated by the owner within 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 30 days of notice of charges.

(D) Illegal sign and disrepair. Any sign which is illegal or in disrepair shall be made conforming or repaired within 30 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 30 days of notice of charges.

(E) Expired permit. Any sign for which a sign 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 30 days of notice of charges.

(F) Impounding signs. Signs located within ten feet of any public right-of-way and in violation of this code may be impounded at any time.

(G) Removal of old business signs. The owner of any commercial sign, whether conforming or nonconforming, other than a permitted off-premise sign, located on commercial property where the use or business has ceased operating shall, within 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 year of time of cessation.

(Ord. passed 6-3-2019)

§ 157.152 TEMPORARY SIGNS.

(A) 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.

(B) The following provisions and individual zoning of temporary signs per district serve to address these concerns:

(1) Temporary signs require a permit, except as provided in this subchapter, and may be permitted up to 60 days each calendar year;

(2) Temporary signs shall be securely affixed to the ground or a building, or a pole designated only to a single temporary sign; and

(3) 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. passed 6-3-2019)

§ 157.153 SIGNS FOR SINGLE-FAMILY RESIDENTIAL, MULTI-FAMILY RESIDENTIAL, MANUFACTURED HOME NEIGHBORHOOD, AND PARKS DISTRICT.

(A) Purpose. Signage in residential districts poses a heightened risk of visual blight and unsightly clutter, as residential neighborhoods typically contain markedly less signage than other districts in order to maintain the residential character of the neighborhood. At the same time, communicating from one’s residence is a distinct and impactful form of speech that should be protected, and nonresidential uses should be afforded adequate signage incidental to the primary use in the form of on-premises signs. Signs permitted in these districts are smaller, fewer in number, and limited in sign type in order to limit visual clutter and distraction, while affording ample speech.

(B) Signs permitted as accessory to dwellings.

(1) Permitted permanent sign use as accessory to dwellings include freestanding, minor, projecting, wall, wicket, and window. No more than four permanent signs are permitted by right per dwelling.

(2) Permitted temporary signs as accessory to dwellings include a-frame, banner, beacon, chalkboard, geological, inflatable/tethered, minor, wall, wicket, window. No more than ten temporary signs are permitted by right per dwelling.

(3) No more than three flags as accessory to dwellings.

(1) Permitted permanent sign use as accessory to non-dwellings include freestanding, geological, minor, projecting, wall, wicket, and window.

(2) No more than five permanent signs are permitted by right per use.

(3) Permitted temporary signs include a-frame, banner, beacon, chalkboard, changeable copy, inflatable/tethered, minor, wall, wicket, and window. No more than three temporary signs are permitted by right per use.

(4) No more than three flags.

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

	Permitted as Accessory to Dwellings	Permitted as Accessory to Non-Dwellings	Temporary Signs	Flags
Max. Sign Area	9 sq. ft.	9 sq. ft.	16 sq. ft.	16 sq. ft. each
Max. Height	3 ft.	3 ft.	4 ft.	25 ft.

(Ord. passed 6-3-2019)

§ 157.154 SIGNS FOR MIXED-USE DISTRICTS.

(A) Purpose.

(1) On-premises signage in mixed-use areas is essential for the operation of a variety of uses.

(2) In mixed-use areas, particularly those near residential development and neighboring residential districts, signage that is less intrusive by being smaller, shorter in height, and more uniform in sign type improves the aesthetic qualities of these and neighboring districts and limits the visual distraction of signage.

(B) Signs permitted as accessory to dwellings. Permitted sign use as accessory to dwellings shall be the same as for § 157.153.

(1) Permitted permanent sign use as accessory to non-dwellings include a-frame, awning/canopy, chalkboard, changeable copy, EMD static, EMD static with transition, EMD static partially animated, freestanding, geological, inflatable/tethered, marquee, minor, monument, neon, pennant, projecting, wall, wicket, and window. No more than seven permanent signs are permitted by right per use.

(2) Permitted temporary signs include a-frame, banner, beacon, chalkboard, changeable copy, inflatable/tethered, minor, person-assisted, wall, wicket, and window. No more than five temporary signs are permitted by right per use.

(3) No more than three flags.

(D) Dimension specifications chart. All maximum sign area requirements include the sum total sign area per use.

	Freestanding Signs	All Other Signs	Temporary Signs	Flags
Max. Sign Area	20 sq. ft.	2 sq. ft. per 1 sq. ft. lineal building frontage (max is half size of building)	60 sq. ft.	16 sq. ft. each
Max. Height	10 ft.	4 ft.	5 ft.	25 ft.

(Ord. passed 6-3-2019)

§ 157.155 SIGNS FOR NEIGHBORHOOD COMMERCIAL DISTRICTS.

(A) Purpose. On-premises signage in neighborhood commercial areas is essential for the operation of a variety of uses. However, in lighter commercial developments, particularly those near residential development and neighboring residential districts, signage that is less intrusive by being smaller, shorter in height, and more uniform in sign type improves the aesthetic qualities of these and neighboring districts and limits the visual distraction of signage.

(B) Signs permitted as accessory to dwellings. Permitted sign use as accessory to dwellings shall be the same as for § 157.153.

(1) Permitted permanent sign use as accessory to non-dwellings include a-frame, awning/canopy, chalkboard, changeable copy, EMD static, EMD static with transition, EMD static partially animated, freestanding, geological, marquee, minor, monument, neon, pennant, projecting, wall, wicket, and window. No more than seven permanent signs are permitted by right per use.

(3) No more than three flags.

(D) Dimension specifications chart. All maximum sign area requirements include the sum total sign area per use.

	Freestanding Sign	All Other Signs	Temporary Signs	Flags
Max. Sign Area	20 sq. ft.	25 sq. ft.	2 sq. ft.	16 sq. ft. each
Max. Height	10 ft.	5 ft.	6 ft.	25 ft.

(Ord. passed 6-3-2019)

§ 157.156 SIGNS FOR GENERAL COMMERCIAL DISTRICT.

(A) Purpose. Signage in commercial areas 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 areas. However, even the most intensive use districts in smaller communities are still limited in signage to some degree in order to maintain the small-town character of smaller communities and to limit visual distraction by signage.

(B) Signs permitted as accessory to dwellings. Permitted sign use as accessory to dwellings shall be the same as for § 157.153.

(1) Permitted permanent sign use as accessory to non-dwellings include a-frame, awning/canopy, chalkboard, changeable copy, EMD static, EMD static with transition, EMD static partially animated, freestanding, geological, inflatable/tethered, marquee, minor, monument, neon, off- premises, pennant, projecting, wall, wicket, and window. No more than ten permanent signs are permitted by right per use;

(2) Permitted temporary signs include a-frame, banner, beacon, chalkboard, changeable copy, inflatable/tethered, minor, off-premises, pennant, person-assisted, wall, wicket, and window. No more than seven temporary signs are permitted by right per use; and

(3) No more than three flags.

(D) Dimension specifications chart. All maximum sign area requirements include the sum total sign area per use.

	Freestanding Sign	All Other Signs	Temporary Signs	Flags
Max. Sign Area	90 sq. ft.	50 sq. ft.	24 sq. ft.	16 sq. ft. each
Max. Height	20 ft.	10 ft.	6 ft.	25 ft.

(Ord. passed 6-3-2019)

§ 157.999 PENALTY.

(A) Any person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction, shall be punished for each offense by a fine not less than $50 nor more than $500. Each day the violation continues shall be considered a separate offense. Work carried on in violation of the cancellation of any permit issued under this chapter shall also be deemed a violation punishable in the same manner.

(B) Any buildings erected, raised, or converted, or land or premises used in violation of any provision of this code is declared a common nuisance and the owner of the building, land, or premises shall be liable for maintaining a common nuisance.