Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, December 2, 1993 TAG: 9312020126
SECTION: CURRENT PAGE: NRV-2 EDITION: NEW RIVER VALLEY
SOURCE: MICHAEL STOWE
DATELINE: BLACKSBURG LENGTH: Medium
A General District Court judge has ruled that Tim Black, owner of Coin Laundry Inc., wasn't in violation of Blacksburg's sign ordinance when he replaced a sign blown over during a violent June thunderstorm.
The town was seeking a $100 judgement against Black for constructing a sign without a permit. Judge T.D. Frith said in his opinion, however, that Black doesn't have to pay the fine and may keep the sign up.
"I'm pleased to know that I wasn't reading the town code wrong, but I'm sorry this had to go to court and waste the time of everyone involved," Black said.
Blacksburg attorney Richard Kaufman said that while town officials don't agree with the ruling, they are pleased Black was given a fair hearing.
Black knew the 30-year-old sign didn't conform to the zoning ordinance when he bought the business three years ago. It had been grandfathered in when the sign regulations were updated.
So, before putting the sign back up, Black sought a permit from town officials.
Planning department officials refused the request, saying the sign - located less than a foot from the sidewalk on North Main Street - lost its special status when it toppled to the ground.
The business owner disagreed, citing the code which says non-conforming signs can be repaired up to 50 percent of their value.
Adele Schirmer, director of planning and engineering, told him that remounting the pole - which appeared to be severed completely from its base - was replacing not repairing the sign.
Without the sign, Black's sales dropped more that $150 a week when students returned to school in August, so he put it back up without the permit.
That's when the town decided to take him to court.
Frith sided with Black, saying the sign could remain because it wasn't damaged more than 50 percent of its value and was remounted in the exact same location.
The town sign ordinance has been a sore point with some merchants for years.
They believe its restrictive nature hurts their business and discourages new businesses from locating in Blacksburg.
The owners of Champs Sports Bar sued the town after being forced to remove sign that was larger than the ordinance allows. The suit eventually was dropped.
by CNB