(a) Findings:
(1) Signs obstruct views, distract motorists, displace alternative uses for land, and pose other problems that legitimately call for regulation. The purpose of this article is to regulate the size, color, illumination, movement, materials, location, height, and condition of all signs placed on property for exterior observation, thus ensuring the protection of property values; preservation of the character of the various neighborhoods; creation of a convenient, attractive, and harmonious community; and the safety and welfare of pedestrians and wheeled traffic, while providing convenience to citizens and encouraging economic development. This article allows adequate communication through signage while encouraging aesthetic quality in the design, location, and size of all signs. These regulations do not eliminate all 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.
(2) This article 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 article is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of other provisions of this article which can be given effect without the invalid provision.
(3) Signs not expressly permitted under this code are prohibited.
(4) The City of Bridgeport, the State of West Virginia and other governmental entities are not subject to the requirements of this article.
(b) Intent. Signs have a strong visual impact on the character and quality of the community. As a prominent part of the scenery, they attract or repel the viewing public, affect the safety of vehicular traffic, and their suitability or appropriateness helps to set the tone for the community. Because the City relies upon its physical setting and beauty to attract commerce, aesthetic considerations assume economic value. It is the intent of the City, through this chapter, to protect and enhance both the City's residential character and its economic base through the provision of appropriate and aesthetic signage. In addition, it is the intent of the City to limit the size, type and location of signs in order to minimize their distracting effect on drivers and thereby improve traffic safety.
(c) Purpose. The purpose of this article is to promote the public health, safety and welfare through a comprehensive system of reasonable effective consistent, content-neutral and nondiscriminatory sign standards and requirements. This article has been adopted to:
(1) Promote and accomplish the goals, policies and objectives of the City's comprehensive plan and the city council's vision, mission and goals statement;
(2) Provide minimum standards in order to safeguard life, health, property and public welfare and promote traffic safety by controlling the design, quality of materials, construction, illumination, size, location and maintenance of signs and sign structures and discouraging excessive numbers of signs;
(3) Recognize free speech rights by regulating signs in a content-neutral manner;
(4) Promote the free flow of traffic and protect pedestrians and motorists from injury and property damage caused by or which may be fully or partially attributable to cluttered, distracting and/or illegible signage;
(5) Promote a positive visual image of the City and protect the beauty of the City's built environment by encouraging signs that are compatible with the architectural style, characteristics, and scale of the building to which they may be attached; appropriate to the size of the subject property and amount of street frontage adjacent to the subject property; and compatible with adjacent buildings and businesses;
(6) Protect property values, the local economy and the quality of life by preserving and enhancing the appearance of the City's streetscape;
(7) Provide consistent sign design standards;
(8) Protect and encourage creative and innovative approaches to signage and signs that are of a quality design, pleasing in appearance and are appropriate in size, materials and illumination to the surrounding area;
(9) Provide an improved visual environment for the citizens of and visitors to the City;
(10) Adopt clear, understandable regulations which will assure equal protection and fair treatment under the law through consistent application of the regulations and consistent enforcement of the article;
(11) Balance both public and private business needs with the specific objectives of creating a community with an unmatched quality of life and strong focus on economic well-being, aesthetics, community and family, the environment and public infrastructure;
(12) Support and enhance the economic well-being of all business within the City and recognize the needs of all businesses to identify their premises and advertise their products and services;
(13) Recognize that the aesthetic value of the total environment affects economic values and that an unrestricted proliferation of signs can and does detract from the economic value of the community; and
(14) Regulate the use ofbillboard signs to certain zoning districts by recognizing that billboards affect the aesthetic value of the community, thereby reducing property values and impact traffic safety because of the distraction that is created by large signage along public rights of way.
(d) Interpretation.
(1) This article is not intended to and shall not be interpreted to restrict speech based on its content, viewpoint, or message.
(2) Any classification of signs in this article which purports to permit speech because of the type of sign or identity of the sign user or otherwise, shall be interpreted to allow either commercial or non-commercial speech on the sign.
(3) No part of this article shall be construed to favor commercial speech over noncommercial speech.
(Passed 9-14-20.)