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 deluge 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 is nonconforming, the Director or his deluge 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:

(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 jurisdictionon 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 suit for a mandatory injunction directing the removal of any structure or improvement. Such remedy shall be in addition to other remedies, fines, and enforcements 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 action to bring into 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.