HomeMy Public PortalAbout083-2000 - General Ordinance - Amends Chapter 154.43 of the City Code (signs)ORDINANCE NO. 83-2000
A GENERAL ORDINANCE AMENDING SECTION 154.43 OF THE CITY OF
RICHMOND CODE REGARDING SIGNS
WHEREAS, the City of Richmond has previously adopted Section 154.43 regarding the regulation of signs within the community; and
WHEREAS, certain sub-sections of the above Section have resulted in being unenforceable in practice; and
WHEREAS, other sub-sections of the above Section have not properly weighed legitimate municipal interests with proper commercial and property owner interests; and
WHEREAS, over the last few years, many requests have been made to thoroughly review and/or update the City’s regulation of signs; and
WHEREAS, it is in the best interest of the City ot make certain amendments to Section 154.43
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond that current Section 154.43 of the City Code be modified to read as follows:
154.43 SIGNS
154.43.00 INTENT
It is the intent of this Section 43 to Chapter 154, in general, to properly weigh the legitimate municipal interests of traffic safety, aesthetics, and public welfare, with the
rights of commercial free speech and the freedom of a property owner to use its own property for legitimate purposes. Specifically, the purposes of this Article include the following:
To regulate, classify, restrict, and control the location, size, type and placement of all signs and sign structures;
To eliminate and prevent excessive and confusing sign displays which do not relate to the premises on which they are located within the city;
To accommodate public convenience and legitimate economic interests by attracting and directing the public to various activities, services and enterprises;
To preserve the natural beauty and environment which is instrumental in attracting residents and visitors to the City of Richmond;
To safeguard, stabilize, and enhance property values;
To protect public and private investment in buildings and open spaces;
To insure a consistent and appropriate aesthetic environment:
To properly distinguish between a “Business” sign, which is in fact part of a business premises, itself; and an “Advertising” sign, which is not directly related to identifying a particular
business, but is either a promotion for a particular product or constitutes a separate business apart from the subject premises.
To protect the public health, safety, and general welfare.
SCOPE OF APPLICATION
Hereinafter, all construction, relocation, enlargement, alteration, and modification of signs within the City or any area within the zoning jurisdiction of the City shall conform to
the requirements of this Section, and all State and Federal regulations concerning signs and advertising thereon.
154.43.02 ADMINISTRATION
The Director of Planning and Zoning shall have the power to administer and enforce the provisions of this Section. He may, in his discretion and with their consent, delegate
and assign such administrative, enforcement, and inspection duties hereunder to the City Police Department, or other appropriate person or agency.
SEVERABILITY
If any provision of this Section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision of this Section,
which can be given effect without the invalid provision or application, and to this end the provisions of this Section are declared to be severable.
DEFINITIONS
For the purpose of this Section, certain terms shall have the following meaning, unless otherwise described.
Advertising Sign A sign advertising a particular product or service for the business upon the premises wherein the sign is located.
Animated Sign Any sign, which includes action, motion, or color, changes on all or any part of the sign facing, requiring electrical energy, or set in motion mechanically or by movement
of the atmosphere. This definition includes signs commonly called bi-view, tri-view or multi-view signs which alternate or otherwise change displays whether through mechanical or electrical
means. An animated sign does not include a clock and/or thermometer display .
Area of Sign The “area” or “surface area” of a sign is defined by the perimeter fully enclosing the total surface devoted to the sign’s message, together with any ornamentation, embellishment,
and associated background, excluding any necessary support or uprights on which the message is placed and excluding any architectural ornamentation. In the instance where a “canopy”
is attached to a building, there shall be no size restrictions for such canopy and the area of a sign shall only include any area of the canopy used for lettering or other emblems or
marking.
Artisan Sign An unilluminated sign not exceeding 8 square feet in area placed on a site during the period that work is being engaged in, with the permission of the site’s owner, displaying
the name of a contractor or artisan improving the site or structure on the site.
Booster Sign Any temporary sign, poster, banner or other illustration which is placed within any Zoning District supporting any student, non-profit event, non-profit organization, religious
belief, or other non-commercial or non-business related activity.
Building Frontage The total length in linear feet of a building(s) along that edge most nearly parallel with a street abutting the building’s lot regardless of whether such is functionally
the front, rear, end, or side of the building.
Business Sign A sign identifying the name, nature, or address of a business existing upon the premises wherein the sign is located.
Campaign Sign Any sign, poster, billboard, or other outdoor advertisement advocating the election or defeat of a particular candidate for public office, or group of candidates, or political
party.
Construction Sign An unilluminated sign giving the name or names of principal contractors, architects, and lending institutions responsible for new construction or major renovation
on the site where the sign is placed, not to exceed thirty-five (35) square feet in surface area, beginning forty-five (45) days prior to the commencement of construction and extending
to a date seven (7) days after the completion of construction operations.
Flashing Sign Any sign which contains a continually intermittent light or sequential flashing light source. This definition specifically includes signs that use intermittent lighting
changes for the purpose of changing the graphics or cop[y within the copy area of a sign more often than daily as in a electronic reader board (as herein defined) or message center
(as herein defined), except that such reader boards or message centers may display time and/or temperature readings which change more often than daily.
Message Center A sign which contains a changing message within the copy area, which remains on for a specified minimum period of time and blacks out for a specified minimum period
of time between messages. Messages contained on the sign do not travel or appear to travel in any direction.
Electronic Reader Board A sign which contains a traveling message or a message which appears to be traveling, and usually in a horizontal direction.
Ground Sign Any sign supported by uprights or braces in or upon the ground and not attached to any building.
Home Occupation Sign A sign directing attention to a business or professional activity conducted on the same zoning lot in a residential district, containing only the name and occupation
of the resident, not to exceed two (2) square feet in surface area.
Illuminated Sign A sign directing attention to a business or professional activity conducted on the same zoning lot in a residential district, containing only the name and occupation
of the resident, not to exceed two (2) square feet in surface area.
Inflatable Display Any three-dimensional, ambient air-filled object depicting a container, figure, product or product trade dress, whether or not such object contains a message.
Integral Sign Memorial signs or tablets, names of buildings, and date of erection when cut into any masonry surface on the wall of a building, or when constructed of bronze or other
incombustible materials mounted on the wall of a building.
Off-Premise Sign A sign attached to a building, the ground, or structure advertising a business, product, service or event conducted, sold or offered elsewhere than upon the same zoning
lot. This definition includes structures commonly called billboards, poster boards, or panels.
Permanent Sign Any sign which is not a portable sign.
Portable Signs Any sign not permanently affixed to a building, structure, or the ground such as a sign designed to be moved from place to place, or designed to be removed and re-erected
from time to time, or attached directly or through a structure to a chassis equipped with wheel and axle or other means of mobility. Examples of portable signs are flexible plastic
banners advertising products such as soft drinks, wire “slip on” signs, cardboard and paper signs, and any other sign not so permanently affixed.
Projecting Sign Any sign supported by a building or other structure which projects over any street, sidewalk, alley, public way, or public easement more than twelve (12 inches from
the face of the building or structure.
Real Estate Sign A sign pertaining to the sale or lease of the lot or tract of land on which the sign is located or to the sale or lease of one or more structures or a portion thereof
located on such lot or tract of land, during the pendency of such sale or lease and for seven (7) days after closing.
Roof Line The upper edge if any building wall or parapet, exclusive of any tower, chimney, ventilation equipment or utility equipment.
Sign A name, display, identification, device, notice, figure, painting, drawing, message, placard, poster, word, bulletin board, symbol, letter, numeral, emblem, trademark, flag, or
banner, pennant, or other illustration which is affixed to or painted or represented directly or indirectly upon a building, or other outdoor surface, or parcel of land and which directs
attention to an object, product, place, activity, person, institution, organization, or business, and is visible from any alley, street, highway, sidewalk, or other public way, whether
such is placed out of doors or in windows. The term sign does not include any display of official notices of courts or other public offices, nor the flag, emblem or insignia of a nation,
political unit, school, or religious group. In addition, for purposes of this Chapter, a “Sign” does not include any written information which simply identifies a product or sets forth
the price of a product, which product is legally placed and located outside a building pursuant to the terms of this Zoning Code, and which information is directly affixed to such product.
Examples shall include, but not limited to, price markings on an automobile for sale in a dealer lot, prices affixed to storage sheds for sale and legally placed on an outside lot,
or identifying markings on mulch or other saleable items placed legally on outside areas.
Snipe Sign Any sign (whether attached in any way to a utility pole, tree, traffic control device, or any object, or the ground, or otherwise situated) on (a) public property without
the consent of the appropriate public body or (b) private property without the consent of the owner or occupier thereof.
Wall Sign A sign mounted on, attached to, or painted or applied on the exterior wall of a building or structure in a place parallel to that of the supporting wall or structure, or painted
or otherwise applied to an awning or canopy consisting of cloth or fabric material provided such awning or canopy is attached to a wall and not to the ground, extending no more than
twelve (12) inches from the surface to which it is attached. Any sign meeting this definition is not a projecting sign.
154.43.05 PERMITTED SIGNS
.01 The following signs are permitted in all zoning districts.
Construction Signs, subject to the time limits set forth within this definition.
Temporary signs announcing or relating to a campaign, drive or event of a civic, philanthropic, educational or religious organization, provided that no such sign is permitted except
within 45 days prior to the event and all such signs must be removed no later than 7 days after the event. In addition, no such signs may be placed upon pubic property or within the
public right-of-way, without the prior consent of the Board of Public Works
Campaign signs, provided no such sign is permitted except within 45 days prior to the primary and/or general election to which it pertains, and all such signs must be removed no later
7 days after the election, In addition, no such signs may be placed upon public property or within the public right-of-way, without the prior consent of the Board of Public Works.
Signs which are within a ballpark or other similar private recreational use and which cannot be seen from a public street or adjacent properties.
Any informational or directional sign or historic marker elected by a pubic agency.
Identification sign containing the name of a community and the names of various civic organizations.
Home occupation signs.
Signs advertising a private garage sale, not to exceed six (6) square feet in surface area and permitted only within forty-eight (48) hours prior to the sale and to be removed within
twenty-four (24) hours thereafter.
Artisan signs, provided no such sign is permitted except within forty-five (45) days prior to and during the time work is being engaged on the site, and all such signs must be removed
no later than seven (7) days after the work is complete.
The following signs are permitted in the “R-1” and :R-2” Residence Zoning Districts:
One indirectly illuminated bulleting board not exceeding twenty-four (24) square feet in surface area for any church, school, community center or other public or semi-public institution.
One unlighted Real Estate Sign not exceeding eight (8) square feet in surface area placed flat against the building or set back from the street one-half (1/2) the distance of the established
yard.
One indirectly illuminated temporary tract sign not exceeding sixty (60) square feet in surface area in subdivisions containing less than twenty-five (25) lots and located therein and
set back from every street line the distance required for a principal building in the “R-1” District.
One indirectly illuminated temporary tract sign not exceeding one hundred (100) square feet in surface area in subdivisions containing twenty-five (25) or more lots located therein and
set back from every street line at least a distance in feet equal to the number of square feet of the sign, but such setback shall not be less than the distance required for a principal
building in the “R-1” District, and need not be more than one hundred (100) feet in any case.
One indirectly illuminated temporary tract or real estate sign similar to subsection (d) above for each additional arterial or collector street adjacent to such tract or property, provided
the total number of such signs does not exceed four (4).
One sign not exceeding two (2) square feet in surface area indicating only the name and/or address of the owner or occupant of a building.
One indirectly illuminated subdivision identification sign not exceeding sixty (60) square feet in surface area, provided that it is of permanent construction.
The following signs are permitted in the”R-3” and “R-4” Residence Districts:
Signs permitted in the “R-1” and R-2” Resident Districts.
One (1) sign, illuminated by indirect or diffused lighting, indicating only the name of the building, not exceeding forty (40) square feet in surface area mounted on the face of the
building or free-standing and set back from every street line a distance not less than the distance required for a principal building, except as otherwise permitted in this Section.
One (1) utility sign, indicating entrance, exit or location of parking area accessory to the principal use, illuminated by indirect or diffused lighting not exceeding six (6) feet in
surface area and six (6) feet in height attached flat against the building or set back from every street line at least ten (10) feet.
The following signs are permitted in the “C-3” Central Business District:
One (1) Business Wall Sign illuminated by indirect or diffused lighting, not exceeding two (2) square feet in area for each lineal foot of building frontage occupied by the use identified
by such sign, or one (1) square foot in area for each lineal foot of lot frontage occupied by the use identified by such sign, whichever is greater, but in no case shall the sign exceed
one hundred (100) square feet in area.
One (1) Business Projecting Sign, but not extending more than twenty-four (24) inches, illuminated by indirect or diffused lighting, and not exceeding one and one-half (1 ½) square feet
in area for each lineal foot of building frontage occupied by the use associated with such sign, or one (1) square foot in area for each lineal foot of lot frontage occupied by the
use identified by such sign, whichever is greater, but in no case shall the sign exceed one hundred (100) square feet in area.
Business or Advertising Signs on the inside of a building improvement, but visible to the outside.
Any number of Advertising Signs attached to the outside walls or windows of the business, or constituting a portable sign in the lot of the business; provided, the surface area of all
such signs shall not exceed two (2) square feet in area for each lineal foot of building frontage occupied by the use identified by such sign, or one (1) square foot in area for each
lineal foot of lot frontage occupied by the use identified by such sign, whichever is greater, but in no case shall the total signs exceed one hundred (100) square feet in area.
The following signs are allowed in the “C-1” and “C-2”, Commercial Districts:
Signs permitted in the “R-3”, “R-4” or “C-3” Districts. In addition, the Advertising Signs specifically allowed in 154.43.05.04 (d) for the “C-3” District, may include a Message Center
or Electronic Reader Board if located in a “C-1”or “C-2” District.
One (1) Business Projecting Sign, which extends horizontally outward from such canopy, marquee or wall more than two (2) feet but less than seven (7) feet, illuminated by indirect or
diffused lighting, and not exceeding one (1) square foot in area for each lineal foot of building frontage occupied by the use associated with such sign, or one-half square foot in
area for each lineal foot of lot Frontage occupied by the use identified by such sign, whichever is greater, but in no case
shall the sign exceed one hundred (100) square feet in area. In addition, such sign must be at least 9 feet from the ground.
(c) Any Business Projecting Sign which is at least ten (10) but no more than twenty-(20) feet in height above ground level may be located no closer than four (4) feet to the edge of
the curb and any overhanging business sign which is at least twenty (20) feet in height above ground level shall be no closer than two (2) feet to the edge of the curb.
(d) One (1) Business Ground Sign illuminated or non-illuminated, and not exceeding two (2) square feet in area for each lineal foot of building frontage, or one (1) square foot in area
for each lineal foot of lot frontage occupied by the use identified by such sign, whichever is greater but in no case shall the sign exceed one hundred (100) square feet.
(e) One Business Wall Sign for each street frontage of the building, illuminated or non-illuminated, attached flat against the building, not projecting above the roof line, indicating
only the name and type of business conducted on the premises, and with a total area meeting either one of the two following situations:
(1) Two (2) square feet in area for each lineal foot of building frontage on the particular street; or,
(2) One (1) square foot in area for each lineal foot of lot frontage on the particular street.
(f) One real estate sign advertising the sale, lease or rental of only the premises on which it is maintained not exceeding two (2) square feet in area for each lineal foot of building
frontage, or one (1) square foot in area for each lineal foot of lot frontage occupied by the use identified by such sign, whichever is greater, but in no case shall such real estate
sign exceed one hundred (100) square feet in area.
(g) The total business sign area for any lot or use (ie: projecting signs, ground signs and wall sign) shall not exceed two (2) square in area for each lineal foot of building frontage
or one (1) square foot in area for each lineal foot of lot whichever is greater. If the lot has multiple frontage, an additional sign area of one-half (1/2) square foot for each additional
lineal foot of lot frontage shall be allowed.
The following signs shall be allowed in the “C-4” Commercial District and “M-1” and “M-2” Industrial Districts:
Signs permitted in the “C-1” and “C-2” Districts
Off-Premise Signs, provided such signs shall be set back from the paved portion of [established right-of-way lines of] any street at least thirty (30) feet and no more than one hundred
(100) feet. In addition, such off-Premises Signs may only be single-face (no double-face) and back-to-back (No V-type greater than 30 degrees is allowable); no individual facing shall
exceed three hundred (300) square feet; no such sign shall exceed twenty-five (25) feet in height; and all such signs shall be at least six hundred (600) feet apart.
(i) For any Off-Premise Signs located on land or lots immediately adjacent to an interstate highway (defined at this time as solely Interstate 70 within the jurisdiction of
this Code), the above requirements shall be modified to allow a facing not to exceed six hundred (600) square feet, a set back of at least fifty (50) feet from the established
highway right-of-way, and a height not to exceed sixty (60) feet.
(ii) Notwithstanding the terms of this section, by Ordinance of Common Council, the City may designate any area of the City as a “Billboard Restricted Area”, in which a prohibition
of all Off- Premise signs shall be allowed. At this time such area shall include all land adjacent to
Industries Road between Round Barn Road and U.S. 27 North. In addition, such area shall include any area within the permitted “C-4”, “M- 1” or “M-2” district, but which area
is within three hundred (300) feet of any Residential District or within 100 feet of a residential structure.
154.43.05.07 The following signs shall be allowed in the “A-1” Agricultural District or the “O-1” Greenbelt District:
Signs permitted in the “R-3” and “R-4” Residence Districts.
154.43.08 Automobile Service Station Signs Any business which dispenses gasoline products at the pump to the pubic for motor vehicles may display, in addition to all other signs permitted
in its zoning district not more than two (2) additional signs, each of which shall not exceed eighty (8) square feet in surface area, for the purpose of indicating the pump price
of fuel sold or the announcement of special offers. Said sign or signs may be attached to an existing ground sign, lighting standard, the pump, or the wall of a building. The area
of such signs shall not be counted against the total sign area limit of the zoning district in which such business is located.
154.43.05.09 SCOPE OF LIMITATIONS In all situations wherein any section of this Chapter places a limit upon the number of signs or size of signs which may be located upon any
property, such limitations shall apply to each zoning lot. For purposes of this Chapter, a “zoning lot” shall be defined as a separately constructed building improvements or
residence – excluding out buildings or garages – upon a lot with common ownership. In the event there exists two (2) or more separate building improvements upon a common owned
lot, each building shall be entitled to its own separate limitations, provided each building complies with its own zoning regulations, including set back lines, side or width
requirements, etc. Two (2) or more businesses located within the same building, shall not each be entitled to separate sign limitations.
154.43.05.10 OUTSIDE ACCESS SHOPPING CENTERS Notwithstanding the provisions
of 154.43.05.09 above, in the situation of a single building improvement
containing multiple businesses which are directly accessible to the outside and
are separated by permanently constructed walls or partitions (ie; outside
accessible shopping centers), the same number and size limitations for one
zoning lot shall apply; provided, an additional ten (10) square feet for each
business use within the center shall be allowed to be added as a “tag” to the one (1) free standing ground sign allowed for the lot. In addition, each business located within
the building improvement shall be allowed an additional two (2) square feet in area for each lineal foot of building frontage it occupies, for its own wall sign affixed to the building.
PROHIBITED SIGNS
154.43.06.01 Signs Prohibited In All Districts Subject only to the exemptions set forth in sub§ 02 below, the following signs are hereby expressly prohibited as to erection, construction,
creation, alteration, location, or relocation in all zoning districts with the city:
Portable Signs, except as otherwise expressly permitted by this Section;
Animated Signs;
Chaser Signs;
Flashing Signs, except as otherwise expressly permitted by this Section;
Inflatable Displays;
Any sign on a motor vehicle or on a semi-trailer with or without tractor which can be seen from the street if circumstances, including the absence of vehicular use and/or the fact that
the vehicle or semi-trailer carries no current motor vehicle registration or license plate, demonstrate that the primary use for said vehicle or semi-trailer is the advertisement of
a business, product, or service of a business located on the premises where such a vehicle is parked. (Trailers used for construction purposes during the course of construction on
site are exempt from this section.) Any such sign advertising a business, product, or service not conducted or available on site is an off-premise sign;
Off-Premise Signs except as expressly permitted in “C-4”, “M-1” and “M-2” Districts;
Any sign attached to or painted or otherwise rendered on a bench or seat, which is located outside a building or structure on a public sidewalk or right-of-way. (Such a sign on a bench
or seat not on a public sidewalk or right-of-way is not prohibited by this provision if it is an Advertising Sign and its surface area shall be included in the total allowable surface
area for Advertising Signs permitted for the building); (The enforcement of this subsection only shall be delayed for a period of 30 days after the effective date of the Ordinance to
allow for the termination of any advertising lease on such benches and the removal of such signs).
Signs which advertise a business which has not been conducted within the past 90 days, or a product or service which has been offered for sale within the last 90 days, on the premise
where such sign is located; if otherwise in compliance with this Ordinance, a sign may be located at such location indicating a move of such business to another location for a period
of time not exceeding ninety (90) days from the date of discontinuance of the business at the sign’s location;
Signs which use string lights or any unshielded light within public view if used in connection with commercial premises for commercial purposes except that this shall not include: (a)
holiday decorations at holiday time; or (b) non-flashing neon window signs.
Any sign or sign structure determined by the Director of Planning and Zoning to be:
(i) structurally unsafe; or
(ii) a hazard to safety or health by reason of inadequate maintenance, dilapidation, or abandonment.
(l) Any sign which obstructs the vision of drivers, or unduly distracts the attention of drivers, or obstructs the visibility of any traffic sign or traffic control devise by reason
of size, location, coloring, or illumination;
(m) Any sign which obstructs free ingress and egress from a required door, window, fire escape, or other exit way, and any other sign prohibited by the building code;
(n) Signs with a commercial purpose which make use of words such as “Stop”, “Look”, or “Danger”, or other similar words, phrases, symbols, or character in such a manner as to imply the
need of stopping or the existence of danger;
(o) Any sign unlawfully installed, erected, or maintained;
(p) Any sign or other advertising structure containing any obscene, indecent, or immoral matter, as determined by the Planning Director; after consultation with the Department of Law;
(q) Any sign placed or installed in or on any parkway, alley, public street, easement or right-of-way as established by the official thoroughfare plan except as may be authorized by
the Board of Public Works and Safety;
(r) Any sign not in compliance with Federal or State law;
(s) Any sign which is constructed or installed in such a manner as to overhand a public street, sidewalk, or right-of-way, except as otherwise expressly permitted by this Article;
(t) Snipe Signs;
(u) Signs which are accessory to an unlawful use.
154.43.06.02 Exemptions by Special Permit
(a) Exemptions for Grand Openings. A business or other venture commencing its activities on a site shall be, for a period of one week prior to such opening day and for two weeks after
such opening, if such business applies to the Planning Director for an exemption and pays a fee as set by the Common Council, granted exemption from the prohibitions in (a) – (f) in
sub§ 154.43.06.01 above. The surface area of these signs shall not be counted toward the maximum sign surface area permitted nor subject to any height regulation.
(b) Exemptions for Special Promotions. Upon Application to the Director of Planning and Zoning and payment of a fee as set by the Common Council, a
business or other venture engaging in special promotions shall be granted exemption from the prohibitions in (a) – (f) above for a period or periods totaling up to 10 weeks per calendar
year. The application shall indicate the exact period or periods of the special promotion(s). The surface area of these signs shall not be counted toward the maximum sign surface
area permitted nor subject to any height regulation.
(c) Exemptions for “C-3” signs on public ways. Upon application to the Director of Planning and Zoning and a payment of a fee as set by the Common Council, a business or other venture
located in an area of “C-3” District (uptown) may be granted an exemption from the prohibition of subsection (q) above to allow for a sign to be placed upon the public sidewalk uptown
pursuant to the following conditions;
(i) The sign shall be of a portable “A-Frame” type and must be either a Business Sign or a sign advertising a product or service for the business property adjacent to the pubic way.
(II) Only one (1) sign per store frontage shall be allowed.
(iii) The sign may be placed on the sidewalk only during the hours when the advertised business is open.
(iv) The sign may not be placed in such a location to interfere with the normal walking pattern upon the sidewalk.
(v) The sign may not exceed six (6) square feet, which area shall not be counted toward the maximum sign surface area permitted.
The application shall be good for one (1) year and shall include an indemnification for the permit holder indemnifying the City for any claims associated with the sign.
154.43.06.03 Other Prohibitions. All other signs are prohibited in all zoning districts except as permitted by the terms of this Section.
154.43.07 SPECIAL SIGN PROVISIONS
154.43.07.01 No tag signs, display boards or other additions or appurtenances shall be added to any sign, which cause the sign to be in excess of prohibited limits.
154.43.07.02 No spot light, flood light, luminous tubes or lighted sign shall be installed in any way which will permit the direct rays of such light to penetrate into any residential
district or onto any property used for residential purposes.
154.43.07.03 Signs may be erected to the same height as that permitted for buildings in the district.
154.43.07.04 No non-conforming signs shall be moved to a new location on the building or lot or enlarged or replaced unless it complies with the provisions of this Section.
154.43.08 PRE-EXISTING SIGNS
(a) Notification of Nonconformity. After the enactment of this Ordinance, the Director of Planning and Zoning or his delegee shall, as soon as practicable, survey the city
and its jurisdictional area for signs, which do not conform to the requirements of this Ordinance. Upon determination that a sign in nonconforming, the Director or his delegee
shall use reasonable efforts to so notify either personally or in writing the user or owner of the property on which the sign is located of the following:
(1) the sign’s nonconformity; and
(2) whether the sign is eligible for characterization either as legal nonconforming or unlawful.
If the owner or user of the sign or property on which the sign is located cannot be contacted, the notice may be affixed in a conspicuous place to the sign or to the business
premises with which the sign is associated.
(b) Signs eligible for characterization as legal nonconforming. Any sign located within the city jurisdiction on the date of adoption of this Ordinance which does not conform
to the provisions of this chapter 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§ (c) 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.
(c) Loss of legal nonconforming status.
(1) A legal nonconforming sign shall immediately lose its legal nonconforming status if:
(i) 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.
(ii) 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;
(iii) The permit, variance, or condition under which the sign was allowed expires; or
(iv) 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:
(i) Any changes of color, design, or message on the sign’s face; and
(ii) Any modification to the sign or sign structure which does not constitute a substantial structural modification.
(d) 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.
154.43.09 ENFORCEMENT
(a) Notice of Violation When written notice of violation of any of the provisions of this Section has been served on the property owner, agent, occupant, contractor, builder,
or Sign Licensee, such violation shall be discontinued. Unless the Planning Director specifies a particular time by which the violation must be removed, it shall be assumed
that each day the violation continues constitutes a separate violation.
(b) Right of Injunction The Planning Director or his designated representative may institute a suit for injunction in an appropriate court to restrain an individual from violating
the provisions of this Ordinance and may also institute a suite for a mandatory injunction directing the removal of any structure or improvement. Such remedy shall be in addition
to other remedies, fines, and enforcement set forth in this or any other Ordinance.
(c) Right of Entry In order to determine if any sign or sign structure is unlawfully erected, altered, or maintained, the Planning Director or any officer of the City may enter
onto that property to investigate the matter and may take appropriate action to bring such sign or structure into compliance. However, before acting to bring in compliance
may be taken, all persons holding a substantial interest in the sign or structure (including the Sign Licensee, if applicable) must be notified and given a reasonable opportunity
to bring the sign or structure into compliance, except that the City may, without such notice, take any steps necessary to alleviate immediate public danger. The City’s cost
for any work done on the site may be recouped from any person chargeable with the violation.
(d) Appeals Any person aggrieved by a decision of the Planning Director shall have a right to appeal such decision within 30 days to the Board of Zoning Appeals.
(e) Fines for Violation In addition to any and all other remedies set forth in this Ordinance for a violation thereof, the Planning Director may, for any violation of this Ordinance,
levy a fine against the violator of up to `$100.00. The Planning Director shall notify the violator(s) in writing of such fine. The Planning Director may, in the event that
the violator maintains a bond or deposit with the City for such violations, charge the fine against such bond or deposit and notify the violator of such action. If no bond
or deposit is on file, the violator shall pay the levied fine through the Local Ordinance Violations Bureau. The Planning Director may levy a fine for each day the violation
is continued.
(f) Confiscation of Snipe Signs In addition to any and all other remedies set forth in this Ordinance for a violation thereof, the Planning Director or his designee, including
any elected City official or employee, may remove any snipe sign and confiscate it.
Passed and adopted this 7th day of May, 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 8th day of May, 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 8th day of May, 2000, at 9:05 a.m.
s/s Shelley D. Miller, Mayor
(Shelley D. Miller)
ATTEST: s/s Norma Schroeder, City Clerk
(Norma Schroeder)