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.

 

 

 

(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.

                        (b) 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.

(iii)       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. (Ord. 11-2001)

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. (Ord. 11-2001)

 

154.43.03        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.

 

154.43.04        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 supports 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.

 

Chaser Sign. A sign that creates a running effect in a bank of lamps or tubes.

 

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 copy within the copy area of a sign more often than daily as in an 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.

 

MessageCenter. 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 designed to give forth artificial light or reflect it from another source. A sign designed to give forth artificial light is an "internally illuminated sign".

 

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 of 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 plane 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.