(A) Except as in this chapter otherwise provided, no person shall construct, erect, operate, use, maintain, or cause or permit to be constructed, erected, operated, used, or maintained any advertising sign, display or device without first obtaining a permit for the advertising sign, display, or device from the town and paying the annual fee for the advertising sign, display or device as provided in this section.
(B) A separate application for a permit shall be made for each separate advertising sign, display, or device, on a form furnished by the town, which application shall be signed by the applicant or its representative duly authorized in writing to act for it, and shall describe and set forth the size, shape, and the nature of the proposed advertising sign, display, or device, and its actual or proposed location with sufficient accuracy to enable the Mayor to locate and identify it. Each application for a new permit will require a non-refundable $25 charge.
(C) A non-refundable inspection fee of $75 shall be charged for each proposed location.
(D) A fee of $175 will be due annually for each changeable message billboards.
(E) A fee of $100 will be due annually for each static, non-message changing billboards.
(F) A fee of $50 will be due annually per sign for all other signs.
(G) Each portion of an advertising sign upon which a display is posted or exhibited shall constitute a separate advertising sign for purposes of this section. If the permit is refused by the town, an order shall be made and entered to that effect and a copy of such order shall be served on such applicantmail, return receipt requested, and one-half the fee shall be refunded to the applicant, accompanied by findings of fact and conclusions of law upon which the order was made and entered. Each application shall be accompanied by an affidavit of the applicant or its agent that the owner or other person in control or in possession of the real property upon which such advertising sign display, or device is to be constructed, erected, operated, used, or maintained, has consented thereto, including the requirements of § 93.11. Copies of any documents purporting to provide said authority shall also be provided and attached to said application. Application shall be made in like manner for a permit to operate, use, or maintain any existing advertising sign, display, or device. Permits issued hereunder shall expire on June 30 of each year, and shall not be prorated, and may be renewed upon the payment of an annual fee. No application shall be required for a renewal of a permit.
(H) If more than one side of an advertising sign is used for advertising, a fee for each side shall be required. Advertised in the round shall be treated as using three sides. Any previous existing "stacked" billboards shall require a fee for each separate sign surface.
(I) Each sign, display, or device and its structure shall be well-maintained, structurally sound, and generally safe at all times. They Mayor or its designee shall inspect said sign, display, or device and its structure on at least an annual basis. In the event that the licensee disagrees with the Mayor's finding, and the Mayor or Town Council deems it necessary to solicit a third-party opinion of a registered engineer or person similarly situated, who shall be fully registered and licensed to operate within the Town of White Hall and the State of West Virginia, to inspect said structures and provide an opinion as to its structural soundness and general safety, the licensee shall bear the burden of reimbursing the engineer or third-party for all costs and fees. In the event that said structure is found to be structurally unsound or unsafe, it shall be removed or repaired within 30 days, or immediately in the circumstance that said structure is deemed to be an imminent hazard or danger.
(J) The town shall have authority, after 30 days' notice in writing to the licensee, to the last address provided by the licensee, to make and enter an order revoking any permit issued by it under this section in any case where it shall appear that the application for the permit or any format, art, or wording change contains knowingly false or misleading information or that the permittee has violated any of the provisions of this article, unless such permittee shall, before the expiration of said 30 days, correct such false or misleading information and comply with the provisions of this chapter. Such order shall be accompanied by findings of fact and conclusions of law upon which such order was made and entered. If the constructions, erection, operation, use, or maintenance of any advertising sign, display, or device for which a permit is issued by the town and the permit fee has been paid as above provided, shall be prevented by any zoning board, commission, or other public agency which also has jurisdiction over the proposed advertising sign, display, or device, or its site, the permit shall be revoked. All outdoor advertising signs, displays, or devices shall be removed by the permittee within 30 days after the date of the expiration or revocation of the permit for the same. Any permittee failing to remove any such advertising sign, display, or device within said 30 days as required herein shall be deemed to have violated this chapter and shall be subject to remedies set out herein. Any decision by the Mayor or its designee shall be subject to appeal to the Town Council.
(Ord. 18-002, passed 4-9-2018; Am. Ord. 23-006, passed 6-26-2023) Penalty, see §
10.99