(a)   Purpose.  The purpose of this section is to establish regulations for off premise, outdoor advertising signs to reduce visual clutter, protect the view of the skyline, reduce distractions from motorists, and reduce conflicts with traffic control signs.  These regulations shall be designed to:
      (1)   Present and perpetuate uncluttered and natural views for the enjoyment and environmental enrichment of the citizens and visitors of the City;
      (2)   Promote economic prosperity, civic pride, quality of life and the general welfare of citizens;
      (3)   Enhance the aesthetic values of the City and its economic vitality;
      (4)   Protect property values;
      (5)   Promote good urban design; and
      (6)   Promote safety of motorists.
   (b)   Definitions.
      (1)   “Institutional uses” means schools, religious facilities, hospitals, colleges and universities, vocational schools, child care centers, government buildings, recreation centers, public parks, and civic, social and fraternal associations.
      (2)   “Off-premises sign” means a sign that directs attention to a business commodity, service, or establishment conducted, sold or offered at a location other than the premises on which the sign is erected.
      (3)   “Off premise, outdoor advertising sign, electronic changeable face” means a sign, display, or device, or portion thereof, which electronically changes the fixed display screen composed of a series of lights, including light emitting diodes (LED’s), fiber optics, or other similar new technology where the message change sequence is accomplished immediately.  Electronic changeable face outdoor advertising signs include computer programmable, microprocessor controlled electronic or digital displays that display electronic, static images, static graphics, or static pictures, with or without textual information, and tri-vision outdoor advertising signs.  Electronic changeable face outdoor advertising signs do not include animated or scrolling images, graphics, video active images (similar to television images), projected images or messages onto buildings or other objects, or static outdoor advertising signs.
      (4)   “Off-premise, outdoor advertising sign, static” means a type of outdoor advertising sign, generally, but not limited to, a rigidly assembled sign, display or device, that is free-standing and affixed to the ground, the primary purpose of which is to display advertising messages or information that can be changed manually in the field.  Such signs commonly referred to as “billboards” are generally designed so that the copy or poster on the sign can be changed frequently and the advertising space is for lease.
      (5)   “Off premise, outdoor advertising sign, tri-vision” means a type of electronic changeable face outdoor advertising sign composed in whole or in part of a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats or cylinders produces a different image and when properly functioning allows on a single sign structure the display at any given time of up to three images.
   (c)   General Requirements.
      (1)   Off Premise, Outdoor Advertising Sign Electronic Changeable Face shall be permitted by Conditional Use Permit issued by Municipal Planning Commission.
      (2)   Off Premise, Outdoor Advertising Sign Static is prohibited.
      (3)   Off Premise, Outdoor Advertising Sign Tri-vision is prohibited.
      (4)   Signs are prohibited within the public right-of-way of any street, road or highway maintained by the City or State of West Virginia.
      (5)   Off Premise, Outdoor Advertising signs shall comply with this section, West Virginia Code Chapter 17 Article 22, and Title 157 Legislative Rule Series 6 Use of State Rights of Way and Adjacent Areas.  In the case of conflict the more restrictive ordinance, law, rule or regulation shall apply.
   (d)   Zoning District Permitted.  Signs to be restricted to C-10, I-2 and I-4 Zoning Districts, and to be located within 150 feet of the right-of-way of Interstate 64 or U.S. 119 (Corridor G).
   (e)   Location on Property.  Signs to be located behind the required front, side and rear yard setbacks of the zoning district.
   (f)   Size and Features.
      (1)   Maximum sign face area.  Shall be 672 square feet.
      (2)   Maximum height.  Shall be 50 feet.
      (3)   Maximum number of sign faces shall be one per side of structure.
      (4)   Sign support shall be freestanding with uni-pole construction only.
      (5)   Sign features shall include electronic changeable face.
   (g)   Limitations.  No moving, rotating, fluttering, blinking or flashing elements are permitted.  No animation, video, audio, pyrotechnic, or bluecasting components are permitted.  Stacked signs are prohibited.  More than one sign per location is prohibited.
   (h)   Message Duration.  Advertising messages or information shall remain in a fixed, static position for a minimum of (8) seconds.  The change sequence must be accomplished within an interval of two (2) seconds or less.
   (i)   Message Type.  Message type is limited to off-premise advertising for businesses.  Advertising for businesses that are not a permitted use in the City is prohibited.
   (j)   Illumination.  The outdoor advertising sign shall have an automatic dimmer (factory set to the illumination intensities set below) and a photo cell sensor to adjust the illumination intensity or brillance of the sign so that it shall not cause glare or impair the vision of motorists, and shall not interfere with any driver’s operation of a motor vehicle.  The sign shall not exceed a maximum illumination of 7,500 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits between dusk to dawn as measured from the sign’s face at maximum brightness.  Any external illumination devices shall be effectively shielded so as to prevent beams or rays of light from being directed at any portion of a street or highway, or any residential use.
   (k)   Spacing.  There shall be a minimum of 400 feet between the electronic changeable face outdoor advertising sign and any Residential Zoning District or any Institutional Uses.  The distance shall be calculated as the shortest measurable distance between the nearest point of the sign to the edge of residential district or to the property line of the institutional use.  There shall be a minimum spacing of 2,000 feet between an electronic changeable face outdoor advertising sign and any other electronic changeable face outdoor advertising sign.  Signs shall not be within 500 feet of a controlled access interchange.
   (l)   Motorist Safety.  Signs must not resemble or simulate any lights or official signage used to control traffic in accordance with the 2009 Manual on Uniform Traffic Control Devices published by the Federal Highway Administration (FHWA) under 23 Code of Federal Regulations (CFR), Part 655, Subpart F.
   (m)   Conditional Use Permit Application.  Permits for all outdoor advertising signs shall attach the following information to the sign permit application:
      (1)   Survey prepared by a registered surveyor showing property lines and location on the property of the outdoor advertising sign for which the permit is requested.
      (2)   The zoning district in which the sign is located.
      (3)   Type of outdoor advertising sign (electronic changeable face).
      (4)   Message duration time.
      (5)   Maximum sign height.
      (6)   Maximum sign face area.
      (7)   The tax parcel identification number of the property.
      (8)   The setback, front, side and rear yards.
      (9)   Distance from the outdoor advertising sign to any residential zoning district or institutional use within 400 feet.
      (10)   Distance to and type all other existing outdoor advertising signs in the City or within 2000 feet if nearest Outdoor Advertising Sign is outside of the City corporate limits.
      (11)   Distance to right of way line of Interstate 64 or U.S. 119 (Corridor G).
      (12)   Sign manufacturer’s information showing message duration time and illumination.
      (13)   List of property owners within 200 feet of the proposed location of the sign.
         (Ord. 2148.  Passed 7-21-11.)