§ 153.036 BILLBOARDS.
   (A)   Purpose. The purpose of these regulations is to encourage the effective use of billboards as a means of communication in the city; maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth; improve pedestrian and traffic safety; minimize the possible adverse affect of billboards on nearby public and private property; and enable the fair and consistent enforcement of these regulations.
   (B)   Applicability/effect. A billboard may be erected, placed, established, painted, or created in the city only in conformance with the standards, procedures, exemptions and other requirements of these regulations. The intent of these regulations is to:
      (1)   Establish a permit system to allow a variety of types of billboards in commercial and industrial zones, subject to the standards of these regulations;
      (2)   Allow certain billboards that are small, unobtrusive and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of these regulations, but without the requirement for a permit;
      (3)   Prohibit all billboards not expressly permitted by these regulations; and
      (4)    Provide for the enforcement of these regulations.
   (C)   Definitions.    For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BILLBOARD. An outdoor informational or advertising structure, including the supporting billboard structure, which is visible from a street or highway and has a message area larger than 150 square feet. Directional or official signs authorized by law shall not be considered a billboard for the purpose of this chapter.
   BILLBOARD AREA. The entire area within a continuous perimeter enclosing the extreme limits of the billboard message and background; provided however, such perimeter shall not include any structural elements lying outside of the billboard and not forming an integral part or border of the billboard.
   BILLBOARD FACE. The surface of the billboard, including letters and background, upon, against or through which the message is displayed or illustrated.
   BILLBOARD STRUCTURE. The supports, uprights, braces and framework of the billboard.
   DOUBLE-FACED BILLBOARD. A billboard with 2 faces only, with each face oriented 180 degrees from the other.
   ERECT. To build, construct, attach, hang, place, suspend, or affix.
   FREESTANDING BILLBOARD. A billboard which is attached to or part of a completely self- supporting structure.
   ILLUMINATED BILLBOARD. A billboard which is lighted with an artificial light source.
   V-TYPE BILLBOARD. A freestanding billboard with 2 billboard faces that are angled from each other by more than 0 degrees and less than 90 degrees.
   (D)   Permits, forms and application fees.
      (1)   Billboard permits.
         (a)   It is unlawful for any person to erect any billboard that requires a permit according to this chapter without first securing a permit.
         (b)   Permits shall also be required for all governmental agency (except traffic and safety) billboards, but all fees for the billboards shall be waived; however, all other conditions and requirements of this chapter shall apply.
         (c)   Permits for the erection of billboards regulated by this chapter shall be issued for the useful life of the billboard.
         (d)    Any billboard for which a permit is issued shall be erected and in place within 6 months from the date of such permit, or the permit will become automatically void and a new permit shall be applied for pursuant to this § 153.036.
      (2)   Billboard permit application form. Application for a billboard permit shall be made on the billboard permit application form available from the Building Inspector and shall be submitted to the same, and provide the following information:
         (a)   Name, address, and telephone number of the applicants and owner;
         (b)   Name, address, and telephone number of firm or agency erecting, maintaining or designing the billboard, if any;
         (c)   Location, zoning district, parcel number, and length of building frontage of lot where billboard is to be attached or located;
         (d)   A sketch showing the location and dimensions of the proposed billboard(s);
         (e)   Type of illumination to be used, if any;
         (f)   Any electrical permit required and issued for the billboard;
         (g)   Authorization to file a permit application; and
         (h)   Signature of applicant and date.
      (3)   Billboard application fees. The City Council shall set a fee schedule for billboard permits by resolution. The fee schedule may be updated from time to time, at the discretion of the City Council. The Building Inspector shall provide applicants with information designating the amount of fees to be paid. All fees shall be payable to the city.
   (E)   Billboard application.
      (1)   Administration.
         (a)   Upon receiving a completed and signed application, including the appropriate fee, the Building Inspector shall have a period of 10 days to either reject or approve the billboard application.
         (b)   If the application is approved, the Building Inspector shall provide the applicant with a permit for the erection of the billboard applied for.
         (c)   If the signed application is denied, written reasons for the denial shall be supplied to the applicant by the Building Inspector.
         (d)    Upon notice of any application being rejected by the Building Inspector, the applicant shall have access to the appeal and/or variance procedure set forth in § 153.075 (A) of this chapter.
      (2)   Enforcement. Any person who violates any provisions of this section shall be fined $50 for each offense. The fine may be assessed by a city police officer issuing a citation to the offender. Each day that a violation is allowed to exist shall constitute a separate offense.
   (F)   Billboards.  
      (1)   No billboard shall be erected without a permit. Billboards shall be prohibited in the downtown area, defined: Norfolk and Southern Railroad tracks on the west, High Street on the north, Buchanan Street on the east, and Marion Street on the south. Billboards shall also be prohibited within 100 feet of Market Street, from High Street south to the city limits, and on Center/Bridge Street, from Buchanan Street west to the city limits. Billboards are permitted only in zoning Districts B and I-1, subject to the following requirements:
         (a)   Spacing. No billboard may be located closer than 1,000 feet to any other billboard, provided, however, this provision does not prevent erection of freestanding, double-faced, 2 single-faced back-to-back, or V-type billboards.
         (b)   Size. The maximum area of a billboard face shall be 425 square feet or if 2 single-faced back-to-back or a V-type sign, a total of 850 square feet. There shall be no more than 2 sign faces.
         (c)   Height. Billboards shall not exceed the height of 45 feet.
         (d)    Lighting. All electrical service wiring, including wiring used for billboard lighting, shall be installed underground and in protective electrical conduit. No overhead wiring shall be permitted.
         (e) Supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or any other structure whether portable or stationary.
         (f)   Flashing lights. The use of flashing lights on billboards is prohibited.
      (2)   The regulations appearing in this division shall not apply to any billboard lawfully erected and in existence on August 23, 2004, which may be maintained as a matter of right as a legal nonconforming sign and may be rebuilt or relocated on the same property, provided the billboard is constructed with similar materials and maintains the original size and height.
(Am. Ord. 2008-56, passed 10-14-2008)