(a) Purpose
Billboards are recognized as a legitimate form of commercial use in the city. However, the size, number, location and illumination of billboards can have significant influence on the city’s visual environment, and can, without adequate control, create or contribute to visual blight conditions. The purpose of this section is to provide reasonable billboard control, recognizing that community appearance is an important factor in ensuring the general community welfare. This section contains the entirety of the city’s zoning regulations with respect to billboards in the Billboard Overlay Zone. Nothing herein shall affect the right of any billboard or digital billboard in the Billboard Overlay Zone in existence as of the date of this ordinance pursuant to a development agreement to continue to legally exist and be maintained pursuant to such agreement (including any amendments or extensions thereof).
(b) Billboard Overlay Zone Established
A new Billboard Overlay Zone is hereby established in the following areas:
(1) Air Expressway B-O Zone
On the east line of Highway 395, the length of the BOZ begins at the intersection of the east line of Highway 395 and the north line of Air Expressway and extends north along the east line of Highway 395 for 650 feet and has a depth of 200 feet from the east line of the right of way edge of Highway 395 and said depth is measured along a line that begins perpendicular to the centerline Highway 395 and extends out from the east edge of the right of way 200 feet.
(2) Adelanto Stadium B-O Zone
On the east line of Highway 395, the length of the BOZ begins at the north/western edge of San Bernardino County Assessor parcel number 3128-221-25-0000 where it abuts Highway 395 and then extends south to the south/western corner of San Bernardino County Assessor parcel number 3128-221-23-0000 were it abuts Highway 395 and said depth is measured along a line that begins perpendicular to the centerline of Highway 395 and extends out from the east edge of the right of way 200 feet.
(3) Bellflower Street B-O Zone
On the north line of Highway 18 (Palmdale Road), the length of the BOZ begins at the intersection of the north line of Highway 18 and the east line of Bellflower Street and extends west along the north line of Highway 18 for 300 feet and has a depth of 200 feet from the north line of the right of way edge of Highway 18 and said depth is measured along a line that begins perpendicular to the centerline of Highway 18 and extends out from the edge of the right of way 200 feet.
(4) Holly Road B-O Zone
On the east line of Highway 395, the length of the BOZ begins at intersection of the north line of Holly Road and the east line of Highway 395 and then extends north along the east line of the right-of-way of 395 for 1,400 feet and said depth is measured along a line that begins perpendicular to the centerline of Highway 395 and extends out from the east edge of the right of way 200 feet.
(c) General Criteria
Notwithstanding any other provision of the zoning code, off-site outdoor advertising displays shall be allowed in all B-O Zones, on any size parcel, whether public or private property, or in the right-of-way, subject to the following criteria:
(1) City Agreement
The advertising display shall be included as part of a disposition and development agreement, owner participation agreement, lease agreement or other agreement ("City Agreement") with the city and the City Agreement contains: locations, site plans, elevations, renderings, performance, onetime fee, ongoing revenue provisions, relocation of off-site outdoor advertising signs, or other benefits that allow the city to undertake projects, programs, or other activities that improve the visual environment.
(2) Location Allowed
The advertising display shall be placed in any commercial, mixed use, business park, or industrial district that is within the specified B-O Zone and within two hundred feet (200') from the edge of the right of way of a freeway or highway whether on private or public property, including public areas that have been approved by a City Agreement to be placed in a sidewalk or curb or park strip.
(3) Conflict Between Provisions
In the event of any conflict between any provision contained in this section and any other provisions contained elsewhere in this code, the provisions of this section shall govern.
(4) Spacing
(A) Spacing Between Two Digital Off-Site Signs
No digital off-site advertising display shall be placed within one thousand feet (1,000') from another digital off-site advertising display on the same side of any portion of a freeway or highway.
(B) Spacing Between Two Static Off-Site Signs.
No static off-site advertising display shall be placed within five hundred feet (500') from another static off-site advertising display on the same side of any portion of a freeway or highway.
(C) Spacing Between One Static Off-Site Sign and One Digital Off-Site Sign
No static off-site advertising display shall be placed within five hundred feet (500') from a digital off-site advertising display on the same side of any portion of a freeway or highway.
(5) Sign Height
Notwithstanding any other way to measure the sign height per the zoning code, the advertising structure shall not exceed the height of sixty feet (60') as measured from either the finished grade under the sign or from the freeway or highway grade, whichever is higher.
(6) Sign Face Size
No advertising structure shall have a facing that exceeds six-hundred and seventy-two (672') square feet, but it shall allow extensions of up to two (2') on the sides and five and one-half feet (5.5') on the top, excluding base or apron supports and other structural members. This subsection shall apply to each facing on an outdoor advertising structure. The area shall be measured by the smallest square, rectangle, triangle, circle, or combination thereof, which will encompass the entire advertisement and is made based on the height and the length but not the depth of the advertising copy.
(7) Illumination & Traffic Signs
No advertising display may be placed that is so illuminated that it interferes with the effectiveness of, or obscures any official traffic sign, device, or signal; nor shall any advertising display include or be illuminated by flashing, intermittent, or moving light; nor shall any advertising display cause beams or rays of light to be directed at the traveled ways if the light is of an intensity or brilliance as to cause glare or to impair the vision of any driver, or to interfere with any driver's operation of a motor vehicle. This section does not prohibit properly maintained off-premise digital billboards that comply with State and Federal law.
(8) No Setbacks
Existing setback and yard requirements of the underlying commercial or industrial zone shall not be applicable to placement of any advertising structure. No minimum setback or yard requirements shall be applied to placement of an advertising display.
(9) Compliance with Federal, State and Local Laws
No advertising display shall be placed or maintained in violation of the California Outdoor Advertising Act, Chapter 2 (commencing with Section 5200) of Division 3 of the California Business and Professions Code, or any other applicable state, federal, or local law. Unless otherwise specified in this section, the general sign requirements set forth in the Business and Professions Code shall apply to plans and materials for and to design, construction, street address numbers, identification and maintenance of outdoor advertising displays approved under this section.
(10) Permits Required
No person shall place an off-site outdoor advertising structure without first having secured a building permit and a State (Caltrans) permit.
(A) Building Permit
A separate building permit shall be required for each advertising structure whether or not the advertising structure is proposed alone or as one of any number of advertising structures proposed to be placed on the same parcel, contiguous parcels, or any set of related or unrelated parcels that are the subject of a single development proposal.
(B) Application
No permit of any kind shall be issued for an advertising display without prior approval of the City Council.
(C) Application Filing
An application for approval of an off-site advertising structure shall be filed with the City Council in accordance with the following provisions:
1. Any person who has an ownership, license or leasehold interest in the land parcel may file an application for approval of a building permit for an off-site advertising structure. If submitted by the holder of a license or leasehold interest, the application must include a statement of consent to proceed with the proposed development executed by the holder of an ownership interest and acknowledged before a notary public for the state of California.
2. The application may request review of one or multiple advertising structures.
3. The application shall be accompanied by photos of all existing signage and accurate architectural renderings and elevations of proposed advertising structures, as well as a scaled plot plan and elevations showing the locations of all existing structures and improvements on the property, and the proposed advertising structure(s), within one-hundred (100') feet of the proposed advertising structure.
4. At the time of filing the application for permits, the applicant shall pay a filing fee in accordance with a City Council approved resolution. This fee shall be in addition to any other required fees for permits relative to development of the property and shall be for the purpose of defraying the costs associated with city review and action on the application.
(d) City Council Can Refer to Planning Commission.
The City Council may act on the application directly or refer the application to the planning commission for review, recommendations or determination.
(e) Determinations.
Before approving any off-site advertising display permit application, the City Council, or the Planning Commission upon City Council referral, shall make the following determinations concerning the parcel(s) for which permits are sought:
(1) All existing and proposed advertising displays are appropriately scaled to the architectural character of all buildings and structures on the parcels that are within one-hundred (100') feet of the proposed advertising structure;
(2) All existing and proposed advertising displays result in a complementary enhancement to the architecture on the parcel;
(3) All existing and proposed advertising displays result in a visually uncluttered appearance;
(4) All existing and proposed advertising displays enhance commercial corridors and properties and do not obscure street views of public art, council designated historical buildings, or City Council designated projects;
(5) All existing and proposed advertising displays minimize potential traffic hazards;
(6) All existing and proposed advertising displays are compliant with all applicable provisions of this zoning code, and federal, state and local law relevant thereto.
(f) Additional Conditions of Approval.
The City Council, or the Planning Commission upon City Council referral, may impose additional conditions of approval as are reasonably necessary to ensure the development is consistent with the general plan, compatible with surrounding land use, meets the provisions and intent of this zoning code, minimizes potential traffic hazards, and otherwise protects the public health, safety and welfare. In making such determinations, findings shall be made that the proposed use is in general accord with the principles and standards set forth in section 25-130-5 of this chapter.
(g) Express Conditions & Reservations.
Without exception, every outdoor advertising display approved under this section shall be subject to the following express conditions and reservations:
(1) If an advertising display is illuminated, any illumination shall not impair the vision of travelers on any adjacent highway, including the freeway or highway. Digital billboards shall not operate at brightness levels, of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at a pre-set distance. Each digital billboard must have a light sensing device that will adjust the brightness as ambient light conditions change. Pre-set distances to measure the foot candles impact vary with the expected viewing distances of each size sign. Measurement distance criteria:
Nominal Distance to
Face Size be measured from:
Face Size be measured from:
12'x25' 150'
10'6"x36' 200'
14'x48' 250'
20'x 60' or 25'x 48' 350'
(2) Each digital billboard shall be designed to freeze the display in one static position, display a full black screen, or turn off, in the event of a malfunction.
(3) When an advertising display is defaced with graffiti, the display owner shall remove the graffiti within seventy-two (72) hours after telephonic notice by city.
(4) No billboard shall display any statement or words of an 'obscene, indecent, or immoral character', as that phrase is used in Business and Professions Code Section 5402 and judicial decisions interpreting the same.
(h) Final Decision.
The decision of the City Council shall be final and conclusive. If the City Council refers the application to the planning commission for determination, the decision of the planning commission shall be final, subject to applicant's right to appeal any decision of the planning commission, to the City Council.
(i) Variance.
Any proposed variance to this subsection shall be deemed a major variance and may be approved only if the City Council determines that each of the required findings set forth in this zoning code are met.
(j) Nonconforming.
All existing off-site outdoor advertising displays that have previously obtained required permits, and which remain in compliance with the terms and conditions of those permits but that are not in conformance with the provisions of this section shall become nonconforming uses. The owner of a nonconforming outdoor advertising display may perform normal repairs and customary maintenance to such existing nonconforming advertising displays, including, but not limited to, changing the advertising message and adding an extension to the outside dimension of a facing.
(k) Relocations.
All off-site outdoor advertising displays approved under this section and existing nonconforming advertising displays may be relocated by mutual agreement between the display owner and the City Council on whatever terms are agreeable to both parties under the authority of California Business and Professions Code Section 5412.
(1) "Relocation" as used in this section, includes removal of an advertising structure and construction of a new advertising structure to substitute for the advertising structure removed.
(2) The purpose of this subsection is to allow the city to continue to develop in a planned manner without expenditure of public funds while allowing the continued maintenance of private investment and a medium of public communication established in outdoor advertising.
[Ord. No. 611, §3, 4/22/20.]