Wheeling City Zoning Code
ARTICLE 1359
Signs and Outdoor Advertising Structures
1359.01 PURPOSE.
Council hereby declares and determines that it is the purpose of this article to promote and protect the public health, welfare, and safety by regulating existing and proposed signs of all types. It is intended that the adoption of this article will protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community and preserve the scenic and natural beauty of designated areas. It is further intended to reduce sign or advertising distraction and obstructions that may contribute to traffic accidents, to reduce hazards that may be caused by signs overhanging or projecting over public rights of way, to provide more open space and to curb the deterioration of natural environment and enhance community development.
1359.02 APPLICABILITY.
A sign may be erected, placed, established, painted, created, or maintained in the city only in conformance with the standards, procedures, exemptions, and other requirements of this ordinance. The effect of this ordinance is:
(a) To establish a permit system to allow a variety of types of signs in commercial and industrial zones, and a limited variety of signs in residential zones;
(b) To allow certain signs that are small, unobtrusive, and incidental to the principal use of the lot on which they are located, subject to the substantive requirements of this ordinance but without a requirement for permits; (A.O.)
(c) To prohibit placing signs in the public right-of-way, with the exception of signs placed on the sidewalk as identified in Section 1359.07(i);
(Ord. 15403. Passed 4-21-20.)
(d) To prohibit all signs not expressly permitted by this ordinance;
(e) To provide for the enforcement of the provisions of this ordinance.
1359.03 DEFINITIONS.
(a) The definitions shall be used in interpretation and construction of this Zoning Ordinance. Unless a contrary intention clearly appears, the following words and phrases shall have the meaning given in this section. All words and terms not defined here shall be used with a meaning of standard usage.
(b) All other terms used in this article and not herein defined shall be given the meanings as set forth in Article 1327 of the Zoning Ordinance.
(d) Sign Types by Content.
Sign. A name, identification, description, display or illustration or any other visual display that is affixed to, or painted, or represented directly or indirectly upon a building, structure, or parcel of land which advertises, identifies, displays, directs or attracts attention to an object, product, service, place, activity, event, person, institution, organization, or business. Such visual display may include words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. However, a sign shall not include any display of official court or public office notices nor any official traffic control device, nor shall it include the flag, emblem or insignia of a nation, state, county, municipality, school, or religious group, nor an athletic scoreboard, nor graffiti. A sign shall not include a sign located completely within an enclosed building except for signs within show windows. Each display surface of a sign shall be considered to be a sign, as per regulations in this ordinance.
Identification sign. A sign permitted to have the name and address of the building, and/or business, the name of the occupant(s), the hours of operations, the services, products, and events offered for sale in the premises, and prices of such services, products, and events.
Incidental sign. A sign that (1) designates an accessory use or (2) advertises exclusively the sale of farm products grown or produced on the premises.
Informational sign. A sign commonly associated with and limited to information and directions relating to the permitted use on the premises on which the sign is located. Content shall be limited to such information or directives as “no parking,” “entrance,” “loading only,” “telephone,” and other similar messages. No commercial message shall be allowed. Informational signs shall not be illuminated except from a concealed light source that does not flash, blink, or fluctuate. Such signs shall not be animated except that gauges or dials may be animated to the extent necessary to display correct measurement.
Message center sign. A changeable copy sign (see below) that may be illuminated and that may in all other respects be an identification sign.
Nameplate. A sign indicating the name and/or address of an occupant or business.
(e) Sign Types by Location:
Awning sign. An on-premise sign that is mounted, painted, or printed on, or attached to an awning, hood, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. Such structure shall be a permanent construction which projects from a building. The canopy or awning shall be of noncombustible material.
Banner. An on-premise sign of lightweight fabric or similar material that is permanently mounted to a pole or building by a permanent frame at one or more edges. National flags, state or city flags, or the official flag of any institution or business shall not be considered banners.
Building marker. An on-premise sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
Canopy or marquee sign. An on-premise projecting sign attached to or hung from a canopy or marquee. (Ord. 12225. Passed 4-17-01.)
Changeable copy sign. An on-premises sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign, including Electronic Message Center/Displays.
Electronic Message Center/Electronic Message Displays (EMC/EMD): A non- residential on-premise sign that utilizes computer-generated messages or some other electronic meamns of changing copy. These signs include displays using incandescent lamps, LEDs, LCDs or a flipper matrix. Such displays may include messages that are static or contain messages that change. Each message displayed shall remain fixed for at least 8 (eight) seconds. When a message is changed, it must be accomplished in one (1) second or less using a static/instant method. Methods such as dissolve, fade, travel or scroll modes, or similar transitions and frame effects that have text, animated graphics or images that appear to move or change in size, or be revealed sequentially rather than all at once are not permitted. Full motion or animated displays are not permitted. All electronic message centers shall be equipped with automatic dimming capabilities so that EMCs not exceed 0.3 footcandles over ambient lighting conditions when measured at the recommended distance, based on the EMC size. (Ord. 14945. Passed 5-16-17.)
Ground sign. An on-premise sign supported by poles, uprights or braces that are placed on, or anchored in, the ground or an object on the ground but not attached to any part of any building. This shall also be known as a freestanding sign.
Hanging sign. An on-premise sign that is suspended from the underside of a horizontal plane surface and is supported by such surface.
Off-premise sign. A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the lot or premises where the sign is located. This shall also be known as a billboard or outdoor advertising sign. See Section 1359.11 for specific regulations on off-premise signs.
On-premise sign. A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered on the same premise or lot where the sign is located.
Portable sign. An on-premise sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including but not limited to signs designed to be transported by means of wheels; signs converted to A- or T-frames; menu and sandwich boards; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operation of the business. Portable signs shall be in use for no more than one year.
Projecting sign. An on-premise sign that is wholly or partly dependent upon a building for support and projects in whole or in part eighteen inches or more horizontally beyond the surface of the building to which the sign is attached. A projecting sign does not include a marquee sign.
Roof sign. An on-premise sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches. The sign shall not contain a pylon or other structure that protrudes above the roof.
Wall sign. An on-premise sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign. The exposed face of the sign shall be parallel to the wall. The sign shall be mounted at a distance measured perpendicular to such wall, no greater than six inches. Only one surface of the sign surface shall be displayed.
Window sign. An on-premise sign that is applied or attached to the exterior or interior of a window or located in such a manner within a building that it can be seen from the exterior of the structure through a window.
(Ord. 12225. Passed 4-17-01.)
(f) Other Definitions:
Abandonment. A sign or sign structure shall be deemed abandoned if the use or structure on the lot is unused, unoccupied, vacant or abandoned for six calendar months within any twelve month period.
Area of sign. Area enclosed by one rectangle, square, circle, triangle, or combination thereof, the sides of which makes contact with the extreme point or edges of the entire face of the sign, including the advertising surface and any framing, trim, or molding, but excluding the supporting structure which does not form part of the sign proper or of the display.
Animated or flashing or moving sign. An on-premise sign or part of a sign that uses movement or change of natural light, artificial light, color effects, or physical position by any means whatsoever to depict action or create a special effect or scene or give the impression of movement or rotation.
Building line. A line beyond which no building may extend, as established by ordinance.
Canopy or marquee. A permanent roof-like structure projecting from and supported by a building, and extending beyond the building, building line, or property line. Such canopy or marquee shall be used only for on-premise advertising.
Changeable Message Signs (CMS). An off-premise advertising sign, display, or device which changes the message or copy on the sign by means of electronic rotation of panels or slats. CMS’s are considered outdoor advertising signs and must comply with all requirements applicable to outdoor advertising signs. CMS’s may not include lighting devices forming part of the message or border, video or scrolling messages. Each message displayed shall remain fixed for at least eight (8) seconds. When a message is changed, it must be accomplished within an interval of two (2) seconds or less. CMS must contain a default design that will freeze the sign in one position if a malfunction occurs.
Combustible material. Any material that will ignite when heated to a temperature at or below 1200 degrees Fahrenheit.
Construction sign. Signs which identify the architects, engineers, contractors and other individuals or firms involved with the construction, not including an advertisement of any product; and signs announcing the character of the building or the purpose for which the building is intended during the construction period.
Device. Any card, cloth, paper, metal, or wooden advertising emblem or sign of any kind or character, which is posted, stuck, glued, tacked, nailed, painted, or otherwise fastened or affixed to or upon any fence, post, tree, or thing other than an advertising sign or structure.
Display. A poster, bill printing, writing, drawing, painting, or advertising material of any kind or character whatsoever, designed and intended to draw the attention of the public to any goods, merchandise, property, real or personal, business service, entertainment or amusement, produced, bought, sold, conducted, furnished, or dealt in by any person, which is placed, posted, painted, tacked, nailed, glued or otherwise affixed or fastened to any advertising sign or structure, or otherwise displayed outdoors.
Display surface or face. Area of sign.
Illuminated sign. An on-premise sign designated to give forth any artificial light or reflect such light from an artificial source.
Noncombustible material. Any material which will not ignite when heated to a temperature of 1200 degrees Fahrenheit.
Pennant. A lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
Political sign. Posters and campaign materials on behalf of candidates or public offices or on behalf of a particular political belief. Prior to the first day of filing, the Zoning Officer will post a letter in the office of the City Clerk and the office of the Circuit Clerk, notifying candidates of the temporary sign ordinance.
Real estate sign. Signs advertising the sale, rental or lease of the premises or parts of the premises on which the signs are displayed.
Smartboards. An off-premise advertising sign, display, or device that changes the message or copy on the sign by means of a liquid crystal display. Smartboards may not incorporate animation in the copy or change of copy. Smartboard signs must contain a default design that will freeze the sign in one position if a malfunction occurs.
Temporary sign. Any sign that is used only temporarily and is not permanently mounted.
(Ord. 12931. Passed 9-21-04.)
1359.04 SIGN AREA AND HEIGHT MEASUREMENT.
The following principles shall control the computation of sign area and sign height.
(a) Computation of Area of Individual Signs. The area of a sign shall be measured in conformance with the regulations as herein set forth provided that the structure or bracing of a sign shall be omitted from measurement unless such structure or bracing is made part of the message or face of the sign. Where a sign has two or more display faces, the area of all faces shall be included in determining the area of the sign.
(1) Signs with Backing. The area of all signs with backing or a background, material or otherwise, that is part of an overall sign display shall be measured by determining the sum of the areas of each square, rectangle, triangle, portion of a circle or any combination thereof which creates the smallest single continuous perimeter enclosing the extreme limits of the display surface or face of the sign including all frames, backing, face plates, non-structural trim or other component not otherwise used for support.
(2) Signs without Backing. The area of all signs without backing or a background, material or otherwise, that is a part of the overall sign display shall be measured by determining the sum of the area of each rectangle, triangle, portion of a circle or any combination thereof which creates the smallest single continuous perimeter enclosing the extreme limits of each written representation, including any series of letters, emblems or figures of similar character including all frames, emblems or figures of similar character including all frames, face plates, nonstructural trim or other component parts.
(3) All Other Signs or Combinations Thereof. The area of any sign having parts both with and without backing shall be measured by determining the total area of all squares, rectangles, triangles, portions of a circle or any combination thereof constituting the smallest single continuous perimeter enclosing the extreme limits of any of the following combinations; the display surface or face of the sign including all frames, backing, face plates, nonstructural trim or other component parts not otherwise used for support for parts of the sign that backing and each written representation, including any series of letters, emblems or figures of a similar character including all frames, face plates, nonstructural trim or other component parts not otherwise used for support for parts of the sign having no backing.
(b) Multi-faced Signs. No sign shall have more than two faces. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces.
(c) Computation of Maximum Total Permitted Sign Area for a Zone Lot. The permitted total area of all individual signs on a zone lot, exclusive of on-site informational signs, shall be governed by Table 9-C, Permitted Signs by District and Type. Lots fronting on two or more streets are allowed the permitted sign area for each street frontage. Where frontage is on more than one street, only the signs computed with the frontage of that street shall face that street.
(1) Window signs. No more than one sign per window and two per business are permitted. Lettering painted or affixed directly on a display window shall not exceed six inches in height. If the use’s identification sign is placed inside a display window, the sign shall not exceed five percent of the total glass area of the window. Informational signs may be allowed in display windows. The total area of all window signs shall not exceed fifteen percent or more than six square feet in area of the glass area on any given facade.
(2) Upper story signs. Signs located above the first floor are permitted. Such signs may be (1) wall signs, or (2) painted on or affixed upon the interior face of windows and may not exceed 15 percent of the window surface to which they are applied nor more than six square feet in area.
(3) Projecting or hanging signs. The maximum area per sign face shall be 12 square feet. The top of any such sign shall not extend above or beyond the window sills of second floor windows or twenty feet from ground level, whichever is less.
(d) Computation of Height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be 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 solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower.
(e) Maximum allowed height.
(1) In residential districts and for residential buildings in commercial and industrial districts, the maximum allowed height for a sign shall be 15 feet or one story, whichever is lower.
(2) In the EMO district, the maximum allowed height for a sign on non- residential buildings shall be 20 feet or roof level, whichever is higher.
(3) In the C-1 district, the maximum allowed height for a sign on non- residential buildings shall be 20 feet or roof level, whichever is higher.
(4) In the C-2 district, the maximum allowed height for a sign on non- residential buildings shall be 25 feet or roof level, whichever is higher.
(5) In the industrial districts, the maximum allowed height for a sign on non- residential buildings shall be 25 feet or roof level, whichever is higher.
1359.05 SIGNS ALLOWED ON PRIVATE PROPERTY WITH AND WITHOUT PERMITS.
Signs shall be allowed in the city in accordance with, and only in accordance with Table 9-C, Permitted Signs by District and Type. Additional requirements are given below.
(a) The following general conditions shall apply:
(1) No sign shall contain information regarding a business, product or service not conducted at or available from the premises at which the sign is located, except for outdoor advertising signs as regulated in Section 1359.11.
(2) A sign shall not utilize more than five colors. Black and white shall be considered as colors.
(3) A sign shall not be placed in a position that will obstruct or impair vision or interfere with vehicular traffic or in any manner create a hazard or disturbance to health, safety or welfare of the public.
(4) On corner lots and through lots in all districts, two signs may be allowed for each dwelling unit or each use, as appropriate, with one sign facing each street.
(5) For non-residential buildings in residential districts, the edge of the sign face shall be set back ten feet from the boundary line of the lot on which it is located, provided that a clear area is maintained to a height of six feet, within fifty-five feet of the intersection of two streets, or a railroad right-of- way, or a driveway and a street.
(6) For non-residential buildings in commercial districts, wall signs shall be set back from the boundary lines of the lot on which they are located for the same distance required as a setback for a structure located on such lot, provided that wall signs may project into the required setback space eighteen inches.
(7) For non-residential buildings in commercial districts, ground signs may be located adjacent to the property line provided that they do not project into the public right-of-way, and further provided that a clear area be maintained to a height of six feet within fifty-five feet of the intersection of two streets, or a railroad right-of-way, or a driveway and a street.
(8) For wall signs in D-1, D-2, and D-3 districts, signs may not project into the public right-of-way.
(9) For ground signs in D-1, D-2, and D-3 districts, one ground sign shall be permitted to identify a parking lot where no other suitable structure is available to attach a wall sign.
(b) Permitted sign locations.
(1) No advertising sign, display or device shall be attached to any tree, fence, or utility pole or be painted on, affixed, or otherwise attached to any rock, ledge, or other natural feature.
(2) No advertising sign, display or device shall be located so as to obscure any signs displayed by public authority.
(3) No advertising sign, display or device shall be so located as to obscure the view of any connecting road or intersection, or be placed in such a way as to obstruct proper sight distance or otherwise interfere with pedestrian or traffic flow.
(4) No advertising sign, display or device shall hinder the clear unobstructed view of any approaching or merging traffic, or obscure from view any traffic sign or other official sign.
(c) Design requirements and guidelines.
(1) Shapes. Simple forms, such as rectangles, squares, ovals or circles are encouraged.
(2) Colors. The number of colors used in a sign should be limited to five, unless used in an illustration. To ensure the legibility of the sign, a high degree of contrast between the background and letters is preferable. “Day- glo” colors are prohibited.
(3) Letters. Letters shall be neatly formed and properly spaced to be neat and uncluttered. Generally no more than 60 percent of the total sign area shall be occupied by lettering.
(d) The following illumination and animation conditions shall apply:
(1) A sign may be illuminated but shall not flash, blink, or fluctuate. All direct illumination shall not exceed twenty-five watts per bulb, and shall be in accordance with Section 16 (or other relevant section as revised) of the latest edition of the I.E.S. Lighting Handbook.
(2) An illuminated sign shall employ only white lights emitting a light of constant intensity.
(3) No sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights.
(4) Signs illuminated from outside the boundaries of the sign shall not be permitted unless the direct beam or glare is not visible from any abutting right-of-way or any adjacent property.
(5) In no event shall an illuminated sign or lighting device be so placed or directed so as to permit the beams and illumination therefrom to be directed or beamed upon a public street, highway, sidewalk or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance.
(6) No roof signs shall be illuminated after 12:00 midnight except on those places of business which shall remain open after 12:00 midnight, and they shall be extinguished at the time of closing of such business.
(7) In the C-1, D-1, D-2, and D-3 districts, a message center sign may be permitted.
(8) Neon signs are not permitted in residential districts.
(9) Strings of lights shall not be used for the purpose of advertising or attracting attention when not part of a sign.
(10) Signs may be animated in the Downtown Zones (D-1, D-2, D-3).
(e) Signs in R-5 Zones. There may be erected a sign not to exceed twelve square feet identifying the planned unit development. Such sign shall comply with all other regulations governing height and location in residential zones. If such sign is lighted, the light source shall be internal and shall be approved by the Zoning Administrator or the Planning Commission.
(f) Awnings.
(1) The sign shall not project above, below, or beyond the awning or hood.
(2) The sign shall identify only the name and address of a building or an establishment contained therein.
(g) Canopies and Marquees.
(1) In commercial districts, an identification sign attached to a canopy or marquee may project across property lines into the public way, provided that such signs are affixed flat to the canopy or marquee or suspended within and below the canopy or marquee’s outer limits, and further provided that:
A. No sign affixed to the vertical face of a canopy or marquee shall extend above or below the canopy or marquee limits.
B. No other sign shall extend beyond the limits of such marquee or canopy or be supported by such marquee or canopy.
(2) Signs on awnings. Signs on awnings shall be exempt from the limitations imposed by this article on the projection of signs across property lines into the public way, provided that any sign located on an awning shall be affixed flat to the surface thereof and shall be non-illuminated. Further, no sign shall extend vertically or horizontally beyond the limits of such awning.
(3) Public service signs. Flashing and non-flashing signs giving public service information such as weather, time, temperature, stock averages and the like are permitted in commercial zones.
(4) Window signs. In addition to the business signs of a permanent nature authorized under this article, window signs directing attention to a business or profession conducted on the premises, or to a product, service or entertainment sold or offered on such premises, shall be permitted. Any such sign that is painted shall be placed only on the exterior of the window glass.
(h) Roof signs. Roof signs shall only be permitted in D-1, D-2, and D-3 districts. All general conditions for a sign permit. Additional requirements are as follows:
(1) Only one such sign shall be permitted on any building, provided that such sign may contain two faces.
(2) The top of such sign shall not be more than 12 feet above the lowest elevation of the roof.
(3) The area of such sign shall not exceed 32 square feet per sign face.
(4) Such signs shall be set back a minimum of three feet from the exterior wall of the building on which the sign is located. Where roof parapets exist, a roof sign shall be set back a minimum of three feet from the rear of all roof parapet walls.
(5) Roof signs shall have a clear space of a minimum of three feet and a maximum of five feet between the bottom of the sign and the roof below the sign or the top of the parapet wall, whichever is higher. In no event shall the top of such sign be more than 12 feet above the lowest elevation of the roof.
(6) All such roof signs shall be designed to withstand a minimum horizontal wind pressure as shown in the following table, applied to the projected specified area, allowing for wind from any direction.
Height From Ground Wind Pressure to top of Sign (feet) (pounds per square feet) Solid Signs Open Signs Up to 30 25 15 31 through 50 35 25 51 through 99 42 30 100 through 1999 49 35 |
(7) All roof signs shall be designed according to general accepted engineering practice to withstand wind pressure as specified above. The loads shall be distributed to the structural members of the building in such a way that these members will not be overstressed.
(8) The seal and certification of a professional engineer or registered architect licensed by the State of West Virginia must be affixed to design specifications for each roof sign submitted with the application. The sign shall be recertified by a licensed professional engineer or registered architect every five years.
1359.06 PERMITS REQUIRED.
A sign shall be considered a structure, and a sign permit shall be obtained for the erection, location, or alteration of all signs except those permitted in Section 1359.07.
1359.07 SIGNS NOT SUBJECT TO PERMIT UNDER THIS ORDINANCE.
The following signs are not subject to permit, however signs within this section must comply with all other regulations in the City of Wheeling Zoning Ordinance, Chapter Three of Part Thirteen Article 1359
entitled “Signs and Outdoor Advertising Structures”, in particular Section 1359.05
entitled “Signs Allowed On Private Property With and Without Permits”.
(a) Public Signs. Signs of a non-commercial nature and in the public interest, erected by, or on the order of, a public officer in the performance of his public duty. Signs required or specifically authorized for a public purpose by law, statue or ordinance, which may be of any type, number, area, height above curb level or grade, location, illumination or animation and other signs approved by the Traffic Commission and/or City Council.
(b) Nameplates and Incidental Signs. Subject to the rules, regulations and standards for particular zones contained in this article.
(c) Institutional Signs. Signs setting forth the name or any announcement for any public, non-profit, charitable, educational or religious institution, located on the premises of such institution, not to exceed a gross area of thirty-two square feet. If building-mounted, these signs shall be flat wall signs and shall not project above the roofline. If ground-mounted, the top shall be no more than six feet above ground level. These signs may be illuminated, but only from a concealed light source and shall not flash, blink or fluctuate.
(d) Integral Sign. Names of buildings, dates of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent type of construction and made an integral part of the structure.
(e) Holiday Decorations. Decorations, clearly and incidental and customary and commonly associated with any national, local or religious holiday.
(Ord. 12932. Passed 9-21-04.)
(f) Temporary Sign. A sign advertising a special event may be erected thirty (30) days prior to such event, remain during the entirety of the event and must be removed within ten (10) days following said event. Signs included in this section include, but are not limited to: Real Estate Signs, Construction Signs, Holiday Signs, Fair and Festival Signs including those advertising a steak/fish fry, or any other event that is temporary in nature. Temporary signs shall not exceed thirty-two (32) square feet and shall not be located on utility poles, traffic devices or within any public right of way.
(Ord. 13927. Passed 3-2-10.)
(g) Signs Within Buildings. Any sign placed inside a building may be erected without a permit but subject to the safety regulation provisions of the Building Code, provided that any sign permanently attached to the interior of the structure and intended to be visible from the exterior thereof shall comply with and be subject to the provisions of this article in the zone in which it is situated.
(h) On-Site Informational Signs. Signs commonly associated with and limited to information and directions relating to the permitted use on the premises on which the sign is located, provided that each such sign is limited to: wall, window and ground signs; not more than four square feet per sign in area; not more than eight feet in height above curb level or grade. Such signs shall not be illuminated except from a concealed light source, which does not flash, blink or fluctuate. Such signs shall not be animated except that gauges or dials may be animated to the extent necessary to display correct measurements.
(Ord. 12932. Passed 9-21-04.)
(i) Sidewalk Sign. A business located in a commercial or industrial zoning district is permitted to have one (1) sidewalk sign directly in front of their establishment. The sign shall be no larger than thirty inches (30") by thirty-six inches (36"). The sign shall be placed in a manner that allows a four foot (4') travel path for clear passage. The sign shall only be displayed during business hours. The City shall not be held responsible or liable for any claims resulting from the placement of the sign in the sidewalk.
(Ord. 15403. Passed 4-21-20.)
1359.08 NONCONFORMING SIGNS AND SIGN STRUCTURES.
(a) General. A nonconforming sign or sign structure shall be any sign or sign structure which, on the effective date of this article, was lawfully maintained and situated and which would be permitted under this ordinance only with a sign permit but which sign or sign structure does not conform to the provisions of this article.
(b) Continuance of Nonconforming Signs or Sign Structures.
(1) Subject to the termination hereafter provided, any nonconforming sign or sign structure may be continued in operation and maintained after the effective date of this article. An existing nonconforming sign, made nonconforming by adoption of this ordinance, may remain in place and be maintained provided that no action is taken which increases the degree or extent of nonconformity. A change in the information on the face of an existing nonconforming sign is allowed, as detailed in subsection (b)(2) hereof. However, any nonconforming sign shall be either eliminated or made to conform with the requirements of this section when any proposed change, repair, or maintenance would constitute an expense of more than 25 percent of the lesser of the original value or replacement value of the sign.
(2) No such sign or sign structure shall be replaced, enlarged, extended or structurally altered, except that if the Building Inspector certifies that the sign structure is safe, secure, well maintained and not in danger of falling, the face of a nonconforming sign may be changed or replaced but not enlarged, extended or structurally altered:
A. To conform a change in the logo of a business. For purposes of this subsection, "logo" means the symbol, lettering, mark or illustration, which identifies the business or service being conducted on the premises;
B. To conform to a change in the name of a business where such change is caused by the order of a judicial or administrative agency of the State of West Virginia or United States of America;
C. To reflect the addition or deletion of members of a business or professional partnership or corporation;
D. To provide for the complete change in any business being conducted on the premises provided the sign is affixed to a sign structure which was erected prior to the effective date of this article.
(c) Abandonment of a nonconforming sign or sign structure shall terminate immediately the right to maintain such nonconforming sign or sign structure, and such sign or sign structure shall be considered abandoned when the business which it advertises is no longer conducted on the premises or when such sign structure is damaged or destroyed or becomes unsafe or a hazard to the public.
1359.09 SIGN REMOVAL REQUIRED.
(a) A sign or sign structure that was constructed, painted, installed, or maintained in conformance with a permit under this ordinance, but for which the permit has lapsed or not been renewed or for which the time allowed for the continuance of a nonconforming sign has expired, or has for any reason been abandoned shall be removed by the person responsible for the sign or sign structure upon written notice, by certified mail, from the Zoning Officer, and in any case within ten days of the date of such notice. After which time the Zoning Officer may cause the sign or sign structure to be removed at the expense of the person responsible for the sign or sign structure without further notice from or action by the City. Such sign or sign structure, once removed, if not claimed by the owner with ten (10) days of removal, may be destroyed.
(b) Any sign erected without a permit or not in conformity with Article 1359 or any other general provision applicable to this Planning and Zoning Code, shall be subject to immediate removal by the City of Wheeling or its agents, at the expense of the person responsible for the sign or sign structure. Such sign or sign structure, once removed, if not claimed by the owner within ten (10) days of removal, may be destroyed.
(Ord. 12933. Passed 9-21-04.)
1359.10 SIGNS PROHIBITED UNDER THIS ORDINANCE.
All signs not expressly permitted under this ordinance or exempt from regulation are prohibited in the city. Such signs include but are not limited to:
(a) Beacons
(b) Pennants
(c) Strings of lights not permanently mounted to a rigid background, except those exempt under these regulations
(d) Inflatable signs and balloons
1359.11 OFF-PREMISE SIGNS.
(a) Purpose and scope. It is recognized that signs perform important functions in identifying businesses and in general advertising. The City of Wheeling wishes to preserve and enhance traffic safety, property values, and the good aesthetics of the municipality, and therefore regulates off-premise (also known as billboards or outdoor advertising signs) as detailed below.
(b) General Regulations.
(1) No structure supporting an off-premise sign shall be located on a platted or otherwise legally separate lot where there exists a structure housing another principal permitted use.
(2) Off-premise signs are principal permitted uses. They are not accessory uses.
(3) Maximum area. The display area of an off-premise sign shall not be less than 200 square feet nor greater than 672 square feet per side exclusive of cut-outs and extensions which may occupy an additional 100 square feet; two off-premise signs erected one above the other shall be treated as one sign in respect to maximum allowable square footage.
(c) Location.
(1) Off-premise signs shall only be located in the following zoning districts: C- 2 General Commercial Zone, D-1 Downtown High Density Zone, D-2 Downtown Medium Density Zone, I-1 Light Industrial Zone, and I-2 General Industrial Zone. Sign applicants are reminded that off-premise signs are deemed principal uses, not accessory uses.
(2) In the D-1 Downtown High Density District and D-2 Downtown Medium Density District, one off-premise sign shall be permitted for each 1,000 linear feet of street within the D-1 and D-2 districts, measured along the centerline of the street. The maximum allowed number of off-premise signs permitted along each street shall be determined by the length of that street. Such permitted number of off-premise signs may be clustered or spaced at any distance along that street.
(3) No off-premise sign, including its structure, shall be attached to or located on any building.
(4) No off-premise sign shall be closer than 1,000 feet to another off-premise sign. This 1,000 feet shall be measured radially.
(5) No off-premise sign shall be located within seventy-five feet of any residential zone, residence structure that is occupied as a residence, school, church, hospital or similar institution, cemetery, or public park or public playground.
(6) No off-premise sign shall be attached to any tree, fence, or utility pole or be painted on, affixed, or otherwise attached to any rock, ledge, or other natural feature.
(7) No off-premise sign shall be located so as to obscure any signs displayed by public authority.
(8) No off-premise sign shall be so located as to obscure the view of any connecting road or intersection, or be placed in such a way as to obstruct proper sight distance or otherwise interfere with pedestrian or traffic flow.
(9) No off-premise sign shall hinder the clear unobstructed view of any approaching or merging traffic, or obscure from view any traffic sign or other official sign.
(10) Off-premise signs, displays and devices may be erected or maintained within 660 feet of the right-of-way and visible as to informative content from the right-of-way of any road within the State of West Virginia road system designated and classified or redesignated or reclassified for purposes of allocation of federal highway funds as part of the federal aid interstate or primary systems.
(11) An off-premise sign shall be located within 100 feet of the road, street, or highway to which the sign is intended to be visible.
(d) Type, Design, and Illumination
(1) Back-to-back or V-Type signs will be permitted and shall be treated as one sign provided that the interior angle between the two signs does not exceed sixty degrees.
(Ord. 12225. Passed 4-17-01.)
(Ord. 12225. Passed 4-17-01.)
(2) No advertising sign shall be erected or maintained which involves rapid motion or rotation of the structure or any part thereof with the following exceptions: Changeable Message Signs (CMS) and Smartboard Technology Signs are permitted as defined in Section 1359.03(f) of this code.
(3) No advertising sign shall contain lighting that is not shielded, and any lighting shall be of such low intensity as not to cause glare or impair the vision of the operator of any motor vehicle.
(4) No advertising display or device shall be illuminated by any rapid flashing, intermittent light or lights.
(e) Height. The height limitation for buildings in the zone in which an outdoor advertising sign is located shall also apply to such sign. The height shall be measured from the highest road level from which the sign is to be viewed.
(f) Content. The regulations contained in this section only apply to those outdoor advertising signs, displays, devices and billboards which direct attention to a business, commodity, service, entertainment or other activity conducted, sold or offered elsewhere than on the zoning lot on which the sign, display, device or billboard is located. Commercial and non-commercial messages are included under these regulations.
(1) No advertising display or device shall use the word "stop" or "danger," or present or imply the need or requirement of stopping, or the existence of danger.
(2) No advertising sign, display or device shall be a copy of or imitate a traffic sign or other official sign.
(3) No advertising display or device shall attempt or purport to direct traffic.
(g) Time Limit. If a sign for which a zoning permit has been issued is not erected within six months of the date of approval, the permit shall become void.
(Ord. 22225. Passed 4-17-01.)
(h) Replacement. A sign structure, whether legal non-conforming or conforming may be improved, repaired or replaced provided that the new improved or repaired structure does not increase the sign or advertising structure area of the previous sign and complies with all applicable regulations for off-premise signs contained in this section. This section is intended to include maintenance necessary to restore an existing structure to a safe condition or the repair of a sign damaged. In case of an accident or act of nature, repairs must be made within 90 days of the damage to the sign.
(Ord. 12934. Passed 9-21-04.)
(Ord. 12934. Passed 9-21-04.)
(j) In addition to conforming to city law, all outdoor advertising signs shall conform to West Virginia state law regarding outdoor advertising control.
District | Type | Location | Maximum Number | Maximum Height | Maximum Area |
Residential Districts - R-1C, R-1B, R-1C, R-2, R-3, and R-4 | |||||
Residential bldg. | Non-Commercial | Ground | As needed | 1 story or 15 ft. | 32 s.f. |
Non- residential bldg. | Wall | 1 per d.u. | 1 story or 15 ft. | 3 s.f. | |
Identification | Wall, ground or window | 1 per use | 1 story or 15 ft. | 12 s.f. | |
Informational | Wall, ground or window | As needed | 8 ft above curb level or grade | 3 s.f. | |
Home Occupation | Wall | 1 per home occ. | 1 story or 15 ft. | ||
Incidental | Wall, ground or window | 1 per home occ. | 1 story or 15 ft. | 4 s.f. | |
R-5 | Identification | Wall or ground | 1 per p.u.d. | 1 story or 15 ft. | 12 s.f. |
Commercial Districts | |||||
C-1 | |||||
Residential bldg. | Nameplate | Wall | 1 per d.u. | 1 story or 15 ft. | 3 s.f. |
Non- residential bldg. | Identification | Wall, ground or window | 3 per tenant | 20 ft. or roof level | 1 s.f. per 1 linear foot of street frontage or 100 s.f.** |
Nameplate | Wall | 1 per tenant | 8 ft above curb level or grade | 3 s.f. | |
Informational | Wall, ground or window | As needed | 8 ft above curb level or grade | 3 s.f. | |
C-2 | |||||
Residential bldg. | Nameplate | Wall | 1 per d.u. | 1 story or 15 ft. | 3 s.f. |
Non- residential bldg. | Identification | Wall, ground or window | 7 per tenant | 25 ft. or roof level | 2.5 s.f. per 1 linear foot of street frontage or 250 s.f.** |
Wall | 1 per tenant | 8 ft above curb level or grade | 3 s.f. | ||
Informational | Wall, ground or window | As needed | 8 ft above curb level or grade | 3 s.f. | |
D-1, D-2, and D-3 | |||||
Residential bldg. Nameplate | Wall | 1 per d.u. | 1 story or 15 ft. | 3 s.f. | |
Non- residential bldg. | Identification | Wall, ground or window | 3 per tenant | No higher than roof level | 5 s.f. per 1 linear foot of street frontage or 500 s.f.** |
Wall | 3 per tenant | 8 ft above curb level or grade | 3 s.f. | ||
Informational | Roof | 1 per building Building | height + 12 feet | 32 s.f. per sign face. | |
Informational | Wall, ground, or window | As needed | 8 ft above curb level or grade | 2 s.f. | |
EMO | |||||
Residential bldg. | Wall | 1 per d.u. | 1 story or 15 ft. | 3 s.f. | |
Non- residential bldg. | Identification | Wall, ground or window | 2 per tenant | 20 ft. or roof level | 1 s.f. per 1 linear foot of street frontage or 100 s.f.** |
Wall | 1 per tenant | 8 ft above curb level or grade | 3 s.f. | ||
Informational | Wall, ground or window | As needed | 8 ft above curb level or grade | 3 s.f. | |
Industrial Districts | |||||
Residential bldg. | Wall | 1 per d.u. | 1 story or 15 ft. | 3 s.f. | |
Non- residential bldg. | Identification | Wall, ground or window | 7 per tenant | 25 ft. or roof level | 2.5 s.f. per 1 linear foot of street frontage or 250 s.f.** |
Wall | 1 per tenant | 8 ft above curb level or grade | 3 s.f. | ||
Informational | Wall, ground or window | As needed | 8 ft above curb level or grade | 3 s.f. | |
Special Districts | |||||
NWSD | Same requirements as C-1 | ||||
EWSD | Same requirements asC-1 | ||||
Note: ** = whichever is less
(Ord. 15729. Passed 6-21-22.)