(A) All signs must conform to federal and state law, including but not limited to the Building Code and W. Va. Code Adm. Code § 157-6-7, Requirements for Outdoor Advertising on the State Highway System. Where this code and federal or state law govern signage, the strictest provisions shall apply.
(B) Signs erected by the city for governmental purposes are not subject to this subchapter.
(C) Setback and placement. Except as otherwise expressly permitted herein, all freestanding signs and flagpoles shall be set back from any public right-of-way at least the height of the sign or flagpole. Electronic message displays shall be placed perpendicular to residential structures where possible and shall comply with Federal Communications Commission regulations, including the avoidance of harmful interference with radio frequencies.
(D) 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 city and to ensure the safety of drivers and pedestrians, while also ensuring that signs are adequately able to convey sign messages.
(1) Definitions.
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) Signs may be backlit, internally lighted, or indirectly lighted. All external sign lighting shall have lighting fixtures or luminaires that are fully shielded.
(3) Temporary signs shall not be lighted.
(4) 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. All illuminated signs must comply with this maximum luminance level throughout the night, if the sign is energized, until apparent sunrise, as determined by NOAA, at which time the sign may resume luminance levels appropriate for daylight conditions.
(5) The maximum luminance during daylight conditions, between apparent sunrise and one-half hour before apparent sunset, shall be 10,000 cd/m2 or nits.
(E) Maximum height measurements. 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.
(F) 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 structures 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) All signs displayed, whether permanent or temporary, and regardless of the type of sign are counted toward the maximum sign area allowed per use.
(G) Electronic message display (EMD) signs. Static electronic message display signs and static electronic message display with transition feature signs are permitted only as monument signs. All other EMDs are prohibited.
(H) Number of signs. All signs displayed on a lot, whether permanent or temporary, and regardless of the type of sign are counted towards the maximum number of signs permitted per use.
(I) Wall signs. Wall signs shall provide as part of permit application:
(1) Express permission from the operator and/or owner of the building;
(2) The name and address of the person applying the wall sign; and
(3) A clear drawing of the proposed wall sign including dimensions and location.
(J) The back of any permanent sign must be shielded from public view by a building, other structure, high planting, or another sign of the same size, where permitted, unless such back is painted a neutral color or is enclosed in a solid metal backing that is treated or painted against corrosion.
(Ord. 301, passed 8-18-2022; Ord. 318, passed 8-17-2023) Penalty, see § 152.999