21.76.140 Electronic billboards.
Electronic 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 blighted conditions. The purpose of this section is to provide reasonable electronic billboard control, recognizing that community appearance is an important factor in protecting the general welfare of the community. This section contains the entirety of the city's zoning regulations with respect to electronic billboards within the Freeway Commercial (C-F) Zoning District (C-F Zoning District). In the event of any conflict between any provision contained in this section and any other provision contained elsewhere in this code, the provisions contained in this section shall govern.
   (1)   Use regulations. Electronic billboards are only allowed in the C-F Zoning District and only after a development agreement, pursuant to Government Code Section 65864 et seq., has been approved. A development agreement shall be entered into prior to the issuance of a building permit for any project involving construction of a new electronic billboard, expansion or modification of an electronic billboard, or conversion of a non-electronic billboard to an electronic billboard. Any such development agreement shall include compensation to be paid to the city as a result of the installation and operation of the electronic billboard, and to administer such development agreement for the term thereof.
   (2)   Application. A site plan review application is required for each individual proposal to construct a new electronic billboard, modification of an electronic billboard, or conversion of a non-electronic billboard to an electronic billboard, which shall be considered a separate application, and each application shall be separately and individually subject to the provisions and requirements of this Section. Multiple sites, even if located on one parcel, shall not be combined into one application.
   (3)   Findings. The Community Development Director shall not approve any electronic billboard project unless a development agreement has previously been executed between the applicant and the City of La Mirada, and it is determined by the Director that the electronic billboard will not constitute a hazard to the safe and efficient operation of vehicles upon a street or freeway.
   (4)   Locations allowed. Electronic billboards are only allowed in the C-F Zoning District adjacent to the freeway.
   (5)   Prohibited installation locations. Electronic billboards shall not be installed in any of the following locations:
      (A)   On any roof of a building or projecting over the roof of a building.
      (B)   On any wall of a building or otherwise attached or integrated to or suspended from a building.
      (C)   Within or encroaching over the public right-of-way.
      (D)   Any location which would result in a violation of any applicable federal or state law.
   (6)   Landscape segment relocation credits. No new electronic billboard shall be constructed or installed within the city through utilization, in whole or in part, of credits given by the California Department of Transportation or State for relocation of billboards located in landscaped freeway segments. This shall include credits for billboards located either within the city or in other jurisdictions.
   (7)   Development standards.
      (A)   Maximum area. The maximum area of electronic billboards shall be seven hundred square feet (700 sq. ft.) per sign face (e.g., 14 feet x 48 feet).
      (B)   Maximum height. The maximum height of electronic billboards shall be fifty feet (50'), measured from the finished grade at the base of the sign to the highest projection.
      (C)   Maximum number of signs. No property (defined as a single parcel or two or more contiguous parcels under common ownership) shall have more than two double-sided electronic billboards.
      (D)   Minimum distance from another billboard on the same parcel. The minimum distance from another billboard on the same property shall be one thousand feet (1,000') as measured from the vertical centerline of each billboard.
      (E)   Minimum distance from another billboard on the same side of the freeway. The minimum distance from one electronic billboard to another electronic billboard not on the same property but on the same side of the freeway shall be one thousand feet (1,000'), as measured from the vertical centerline of each electronic billboard. The minimum distance of an electronic billboard from existing non-electronic billboards shall be five hundred feet (500'), as measured from the vertical centerline of each billboard.
      (F)   Minimum setback. The minimum setback distance of the electronic billboard column support post shall be at least twenty-five feet (25') from any property line and at least twenty-five feet (25') from any building. Notwithstanding the foregoing, no portion of an electronic billboard shall project beyond the subject site's property line onto or over a neighboring property, street, highway or other public right-of-way.
      (G)   Minimum size of property. The minimum size of any property on which an electronic billboard can be located shall be three acres.
      (H)   Maximum number of faces. No electronic billboard shall have more than two faces. A face shall be considered the display surface upon which an advertising message is displayed and shall comply with the following:
         i.   No V-shape electronic billboards shall be allowed.
         ii.   The two faces of two-sided electronic billboards shall be identical in size.
         iii.   The two sign faces shall be attached directly to and be parallel to each other.
         iv.   The top, bottom and sides of the two sign faces shall be in alignment, and no portion of either face shall project beyond the corresponding portion of the other face.
      (I)   Face orientation. No electronic billboard shall have more than one face (display surface) oriented in the same vertical plane.
      (J)   Name of owner. No electronic billboard shall be maintained in the city unless the name of the person or company owning or maintaining it and the identifying number of the electronic billboard are plainly displayed thereon.
      (K)   Minimum clearance. All electronic billboards shall have a minimum clearance of sixteen feet (16') between the lowest point of the sign and ground level so as not to effect driveways, walkways and provide an attractive nuisance for graffiti and vandalism.
      (L)   Screening. All back or rear non-electronic portions of single-faced or double-faced electronic billboards visible from a public right-of-way or other public or private property shall be screened to the satisfaction of the Community Development Director. The screening shall cover all structural members of the sign, not including the pole supports.
   (8)   Standards of design.
      (A)   All new electronic billboards shall be designed to have a single architecturally enhanced support. When the subject property is developed with buildings/structures the design and finish shall complement the design of the existing buildings/ structures. A plain cylindrical column support post shall not be permitted.
      (B)   All new electronic billboard structures shall be free of any bracing, angle iron, guy wires, cables, antennas, etc.
      (C)   No projections including antennas shall project beyond the sign face.
   (9)   Design and operational restrictions (applicable to conforming and non-conforming billboards).
      (A)   Each electronic billboard shall be structurally engineered to withstand such minimum wind pressure forces as required by the Building Plan Check Engineer, but not less than as required by Business and Professions Code Section 5401.
      (B)   No billboard shall display any statement, words, or images prohibited by Business and Professions Code Section 5402. The required development agreement for electronic billboards may include provisions which preclude: (i) the display of words and/or images which the city or applicant believes will be offensive, obscene, indecent or immoral to a substantial segment of the public; and/or (ii) the advertisement of any product or event which either party considers offensive to a substantial segment of the public, including, but not limited to, marijuana, tobacco products, adult uses such as nude or topless bars or nightclubs, or businesses featuring the sale of adult novelty items, books, magazines, or videos in any media.
      (C)   No billboard shall display flashing, shimmering, glittering, intermittent or moving light or lights. Exceptions to this restriction include time, temperature and smog index units, provided the frequency of change does not occur within four second intervals.
      (D)   No billboard shall include any illumination or message change that is in motion or that change or expose a message for less than four seconds. Continuous motion, including full motion video, shall not be permitted.
      (E)   The utilities of each billboard shall be underground.
      (F)   Each electronic billboard shall be electronically tied into the National Emergency Network and provide emergency information, including child abduction alerts (i.e., "Amber Alerts").
      (G)   Each billboard shall comply with all applicable federal, state, and local laws and regulations.
      (H)   Each electronic billboard shall be provided with an ambient light sensor that automatically adjusts the brightness level of the electronic sign based on ambient light conditions.
      (I)   Electronic billboards shall not operate at brightness levels of more than 0.3-foot candles above ambient light.
      (J)   Each electronic billboard shall be designed to either freeze the display in one static position, display a full black screen or turn off in the event of a malfunction.
      (K)   No electronic billboard shall utilize technology that would allow interaction with drivers, vehicles or any device located in vehicles, including, but not limited to a radio frequency identification device, geographic positions system, or other device.
      (L)   Walls or screens at the base of a billboard shall not create a hazard to public safety or provide an attractive nuisance.
      (M)   No billboard shall emit audible sound, odor or particulate matter.
      (N)   No billboard shall simulate or imitate any directional, warning, danger or information sign, or any display likely to be mistaken for any permitted sign intended or likely to be construed as giving warning to traffic, by, for example, the use of the words "stop" or "slow down."
      (O)   No electronic billboard shall involve any red or blinking or intermittent light likely to be mistaken for warning or danger signals nor shall its illumination impair the vision of travelers on the adjacent freeway and/or roadways.
      (P)   No electronic billboard shall be operated or maintained so as to constitute an 'improper display' as described in Business and Professions Code Section 5403.
      (Q)   No electronic billboard shall display messaging for on-site uses greater than 20 percent (20%) of the time in any given hour of the day.
(Ord. 722, § 10, 2022)