HomeMy Public PortalAbout011-2001 - General Ordinance - Amends Section 154.43.02 of the City Code (Billboards) ORDINANCE NO.11 - 2001
A GENERAL ORDINANCE AMENDING SECTION 154.43.02 OF THE CITY
OF RICHMOND CODE REGARDING BILLBOARDS
WHEREAS, The City of Richmond has previously adopted Section 154.43 regarding the regulation of signs within the community; and
WHEREAS, there currently remains pending Amended Ordinance No. 83-2000 which ordinance thoroughly revises Section 154.43 of the Code regarding signs; and
WHEREAS, while Amended Ordinance No. 83-2000 remains pending and subject to public hearing and discussion, it is the desire to prohibit the erection of any further new billboards or
outdoor advertising signs within the jurisdiction of the city of Richmond for a limited period of time and until a new Section 154.43 is adopted; and
WHEREAS, current Section 154.43.02 specifically deals with advertising signs and is the proper Section to modify in order to accomplish the above purpose.
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that Section 154.43.02 of the Richmond City Code be modified to read as follows:
154.43.02 ADVERTISING SIGNS
154.43.02.01 Notwithstanding anything to the contrary contained within this Chapter, Outdoor advertising structures, billboards and poster panels (referred to as advertising signs)
shall not be permitted in any zoning district within the jurisdiction of the City.
154.43.02.02 PRE-EXISTING SIGNS
(a) Any sign erected and located within the City limits or the jurisdiction of the City on the date of adoption of this Ordinance which does not conform to the provisions of this
Section is eligible for characterization as a “legal nonconforming” sign and is permitted provided it also meets the following requirements:
(1) The sign was covered by a sign permit or variance on the date of adoption of this Section if one was required under applicable law, or, if no sign permit was required under
applicable law for the sign in question, the sign was in all respects in conformity with the applicable law immediately prior to the adoption of this Section or had legal nonconforming
status at such time; and
(2) The sign is a permanent sign.
Any nonconforming sign, which does not fit the definition of a “legal nonconforming” sign, is an unlawful sign. Subject to sub§ (b) below, a legal nonconforming sign shall
retain such status in perpetuity.
If land is annexed to the City of Richmond subsequent to the effective date of this Ordinance, any signs which do not conform to this Ordinance at such time shall have legal nonconforming
status if:
(1) Under applicable federal, state, and county regulations, the sign was legal in all respects immediately prior to annexation;
(2) The sign is a permanent sign; and
(3) The annexation was not conditioned upon the removal or modification of the sign.
Any sign not meeting such requirements is an unlawful sign.
(b) Loss of legal nonconforming status.
(1) A legal nonconforming sign shall immediately lose its legal nonconforming status if:
(ì) The sign or sign structure, because of improper installation or maintenance, constitutes a threat to public health or safety and remains in such condition after
a reasonable time is given to remedy the problem;
(¡¡) The sign is demolished or damaged to the extent of 50% or more of its value; unless such demolition or damage was due to an act beyond the owner’s control, including
an Act of God;
(ììì) The permit, variance, or condition under which the sign was allowed expires; or
(ìv) The sign or sign structure is substantially structurally altered so as to prolong its expected life.
(2) On the happening of any one of the above-listed items, the sign shall be immediately brought into conformance with this Section or shall be removed. The following shall
not result in loss of legal nonconforming status:
(¡) Any changes of color, design, or message on the sign’s face; and
(ìì) Any modification to the sign or sign structure which does not constitute a substantial structural modification.
(c) Nothing in this Section shall relieve the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from
any provisions regarding safety, maintenance and repair of signs.
154.43.02.03 This Ordinance and Code Section shall take effect immediately upon its final adoption and shall remain valid and/or in effect for a period of ninety (90) days
from such effective date. In the event this Section and/or Chapter 154 of the City Code has not been further amended by such time, at the end of the ninety(90) day
period the prior Section 154.03.02 shall be re-instated and immediately effective from that date forward.
Passed and adopted this 2nd day of April, 2001, by the Common Council of the City of Richmond, Indiana.
s/s Karl Sharp, President
(Karl Sharp)
Attest: s/s Norma Schroeder, City Clerk
(Norma Schroeder)
PRESENTED to the Mayor of the City of Richmond, Indiana, this 3rd day of April 2001,
at 9:00 a.m.
s/s Norma Schroeder, City Clerk
(Norma Schroeder)
APPROVED by me, Shelley D. Miller, Mayor of the City of Richmond, Indiana, this 3rd day of April , 2001, at 9:05 a.m.
s/s Shelley D. Miller, Mayor
(Shelley D. Miller)
ATTEST: s/s Norma Schroeder, City Clerk
(Norma Schroeder)