1325.05 PROHIBITED SIGNS.
   The purpose of prohibiting the following signage is to address the community's substantial public safety and welfare concerns, including aesthetic concerns and protecting property values, associated with certain types of signage. In addition to signs prohibited elsewhere in this code or by applicable state or federal law, the following signs are prohibited:
   (a)    General Prohibitions.
      (1)    Signs that violate any state or federal law relating to outdoor advertising or in violation of this code.
      (2)    Signs attached to natural vegetation.
      (3)    Signs simulating, or which are likely to be confused with, a traffic control sign or any other sign displayed by a public authority.
      (4)    Vehicle or trailer signs, defined as any sign attached to or displayed on a vehicle, if the vehicle or trailer is used for the primary purpose of advertising a business establishment, product, service, or activity and it fails to display current license plates or inspection sticker; if the vehicle is inoperable; if evidence of paid-to-date local taxes cannot be made available; or if the sign alters the standard design of such vehicle or trailer.
      (5)    Animated signs, except where animated sign features as part of an electronic message display are expressly permitted.
      (6)    Flashing signs or other signs displaying flashing, scrolling, or intermittent lights or lights of changing degrees of intensity, except where flashing features as part of an electronic message display are expressly permitted.
      (7)    Beacons.
   (b)    Prohibitions Based on Materials.
      (1)    Signs consisting of illuminated tubing or strings of lights outlining property lines or open sales areas, rooflines, doors, windows, or wall edges of any building, except for temporary decorations not to exceed three (3) months per year.
      (2)    Signs that emit smoke, flame, scent, mist, aerosol, liquid, or gas.
      (3)    Signs that emit sound.
      (4)    Neon signs, except in windows where permitted in a district.
   (c)    Prohibitions Based on Location.
      (1)    Off-premises signs, unless specifically permitted by this article.
      (2)    Signs erected on public land other than those approved by the Zoning Officer in writing, required by law without such approval, or permitted under West Virginia law. Any sign not so authorized is subject to immediate removal by the City, with the costs charged to the owner or person having control of such sign, with payment due within thirty (30) days of notice of charges. Removal of the sign under this provision does not preclude prosecution of the person responsible for the sign.
      (3)    Roof signs. Signs on the roof surface or extending above the roofline of a building or its parapet wall.
      (4)    Any sign located in the vision triangle formed by any two (2) or more intersecting streets or any street and alley.
      (5)    Window signs with an aggregate area on a window or door in excess of twenty-five percent (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.
         (Passed 9-14-20.)