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86-27C ZONING ORDINANCE 12 OF 14
22 (7WDOUti Ar)V8RTIS1,'VC AC.T tions 6226; 5405, anti 5405 consistent tWith Section 131 of Title 23 of the United States Code and the national standards promulgated thereun- der by the Secretary of Transportation; provided, that the director shall not prescribe regulations imposing stricter requirements for the size, spacing or lighting of advertising displays than are prescribed by Section 5408 ,and provided that the director shall not prescribe regulations to conform to changes in federal law or regulations made after November 6, 1967, without prior legislative approvah Notwithstanding any other provisions of this chapter, no outdoor advertising shall be placed or, maintained adjacent to any interstate highway or primary highway in violation of the national standards promulgatod pursuant to subsections (e1 and (f) of Section 131 of Title 23 of the United ,states Code, as such standards existed on November 8, 1067, Agreements with -United Statex 5416. The director shall seek, and may enter into, agreements with the Secretary of Transportation of the United States and shall take such steps as may be necessary from time to time to obtain, and may accept; any allotment of f Y _ ands as provided bsubdivision, -: P Y �) of Section 131 of Title 23 of the United States Code, as amended from time to time, and such steps as may be necessary from time to time to obtain funds allotted pursuant to Section 131 for the purpose of _ paying the 75 percent fed.ral share of the compensation required by subdivision (g) .of Section 131 of Title 23 of the United States Code. Alloeation of funds for Compensation 5417. Froth state funds appropriated by the Legislature For such purposes and from federal funds made avallable fore such purposesa the iv;`aliforria Transportation Commission may allocate funds to the p y of compensation authorized by this chapter: director for a meek StoleShore of Compensdtion 5418: The California Transportation Com misstan is authorized to allocate sufficient funds from the State I hghway account in the State Transportation Fund that are available for capital outlay purposes to match federal funds made available for the removal of outdoor ads verttsing displays. Prior:Nes for Removal of evinpensoble Nonconforming bisp/aya 541$,1, When allocating. funds pursuant to Section 5418, the corn= mission shall considgnat er- and may designate for expenditure, all or any part of such funds in accordance with the following order of priorities for removal of those' outdoor advertising displays for which compen- sation is provided pursuant to Section 5412: (a) Hardship situations involving outdoor advertising displays located adjacent to highways which tyre included within the state scenic highway system, including those nanconformtng outdoor ads vertising disp lays which are offered far immediate removal by the owners tholleof OT17OOR ADV8RT1SIN€ AG-r 23 (b) i-lardshi'ii situations involving, outdoor advertising displays located ad)II( titit to other highways, including those nonconforming outdoor advOrtising displays which are offered for removal by the owners therrof. i (c) Nonconforming outdoor advertising displays located adjacent , to highways which are included 'within the state scenic highway systema (d) Nonconforming outdoor advertising displays which are gener r -- --- ally used for product advertising, and which are located in unincor porated aretis. (e) Nonconforming outdoor advertising displays which are genet• ally used for oroduct advertising located within incorporated areas. (f) loncoriforming outdoor advertising displays which are gener ally Used for non-motorist-oriented directional advertising. (g) Nonconforming outdoor advertising displays which are gener ally used for'motorist-related directional advertising, AgreemoW with VO/ted Stales 5419. (a) The director shall seek agreement, with the Secretary of Transportation of the United States, or his successor, under provi- sions of Section 131 of Title 23 of the United States Code, to provide for effective control of outdoor advertising substantially as setforth herein, provided that such agreement can vary and change the defi- nitior. of "unzoned commercial or industrial area" as set forth in Section 522,[52231 and 2 [ the definition of " bus,'ness area" as set forth in Section 5223 [52051, or other sections related theretos and provided " further that. if such agreement does vary from such sections it shall not be effective until the Legislature by statute amends the sections to conform with this terms of the agreement. If agreement is reached on theses terrris, the directorshall execute the agreement on behalf of the state, , . . (b) 1n the event On agreement cannot be achieved under he kind cion (q), the director shall promptly institute proceedings of the kind' provided for in subdivision (r) of Section 131 of Title 23 of the United States Code, "in order to obtain a judicial .determination as to whether this chapter and the regulations 'prornulgated thereunder provide effective control of outdoor advertising as set forth therein, In such action the director shall request that the court declare rights,.stat;us, and other legal relations and declare whether the standards, criteria, and definitions contained in the agreement proposed by the director are etinsit''eht withcUstomaty use. if such agreement is held by the court in a final Judgment to be invalid in whole or in part as inconsist- ent with customary use or as otherwise in c011flict with Section 131 of Titin 23 of the United States Code, the director shall "promptly negotiate with the Secretary of Transpotiatfoil, or his successor, a nQVV agreement or agreements which shall conform to this chapter, as interpreted by the court in such action 24 OU`i'l 000 ADYEATiSINC ACT Artier, 8, Landscaped Freeways Landscaped Freeways 5440. Except as provided in Sections 5441 and 5442, no advertis= Ing display shall be placed or maintained on property adjoining a section of a freeway which has been landscaped if the advertising display is designed to be viewed, primarily by persons traveling on the main4raveled way of the landscaped freeway. F Removal of Structures, Signs 5441- Any advertising display which is now, or hereafter becomes, in violation of Section 5440 hall be subject to removal_ three ears from the date the freewayhas been declared a land- soaped freeway by the director or the director's designee and the character of the freeway has been changed from a freeway to a landscaped ...freeway. Exceptions 5442, The provisions of Section 5440 shall not apply to a iy adver- tising structure or sign if the advertising display is used exclusively, (a) To advertise the sale or lease of the property upon which such advertising displayis placed, (b) To designatethe name of the owner or occupant of the prem uses upon which such adv premises. ertising display is placed, or to'identify such (c) To advertise goods manufactured or produced, or services rehdered, on the property upon which such ;advertising display is placed. Counly Zon/ng Powers 5443, Nothing in this article shall prohibit (a) any county frons designating the districts or' zones In 'Which advertising displays may be placed or prohibited as part of a county land use or zoningordiW ` nonce; or (b) any governmental entity from entering into a reloca tion agreement pursuant to Section 5412 if the relocated display would not cause a reduction in federal aid highway funds as provided l In Section lal of Title 2a of the United States Code or an increase in the number of displays within the jurisdiction of a governmental eats which entity does riot conform to the provisions of this article, Article 5. Crimes and 1�enalties trespass 5460. It is unlawful for any person to place or cause to be placed; or to maintain or cause to be maintained tiny advertising display without the lawful permission of the owner car lessee of the property upon which the advertising display is lo(�atLj. Nuliancer 5461 All advertising displays which are placed or which exist in violat6 of the WoVisions of this chapter are public Faitisances mid Article 33' y v \1 r SIGN REGl1L.AT I ON S C SECTION 24-33.01 PURPOSE AND INTENT The intent of the following ",sign regulations is to provide for appropriate opportunities to identify businesses, for ,advertising purposes and other promotional uses supportive of Butte County's economy, _while ensuring that such opportunities are compatible with the scenic and open space resourdOS of the County, recognizing that such resources are fundamental to the County's economy. This intent shall be accomplished by the provisions herein for the appropriate review and location of proposed signs and limttatio;-and/or restriction of signs In certain districts as necessary to fulfill the full intent of this chapter. The policies of the General Plan and appl i cabl a area plans shall also be applied to address the specific concerns of promoting or regulating signs. SECTION 24-88-02 RELATION TO LOCAL, STATE AND FEDERAL STANDAROS No sign shall be allowed to conflict with any applicable policest provisions and/or requirements of•the General plan or an applicable Area or Specific F18h. Speclal sign t^equrements may be developed and i,mp 1 ertiented i n and around deve 1 oped cc,mmuri t t i es within the County and for the unihc'orrporated portions of the urban areas within the County;. State and federal standards for regulation of signs along state and, interstate highways shall be coordinated with the County regulations. C'617rans, District S in Marysville and the Federal Highway Administration in Sacramento carr provide information about specific sign requirements within their ,jurisdictional; areas , &'he-•Outor , , , . rt iCi7t Act, 'as amende'dp yshhal'1 ' govern the Qi acement of non-sppGrtenaht 'tiohl�- along staty� and i nterst'ate highways except ,es mod i f 1®d by Sect i on 4-33.05 p subsectlaiprl""i6', SECTION 24-33.03 DEFINITIONS' (a) directional p gl ion. A sign for the outdoor advertlsioo or display of r other information for a .commercial establlthment) use, prbductf or "service► (b) agenC. i es w i tt,l n their tier torCa i P f i cess or Official Sigh. S I 0-ns hot I laced by pubiic of uriSdIttIOns for the purposes of carrying°out an official duty or "responsibility, Historical markers authorized by state taw and placed by state or local governmental agencies or nonprofit historical societies shall b"e eon's i der•ed as official s l gns 2evised October 5, 1586 112 nen r J� 1 c) QLAtdoor• Advertising Sign. A structure of any kind or character is erected and maintained for outdoor advertising purposeswhich not appurtenant to the property 'it occupies. Motor vehicles or trailers with palnted signs identifying or advertising a business are considered to meet this definition. (d) Public Utility Sign- Warning sj9nsp informational stens, notices, or privately owned put+lic utilities as essential to their operations. Public Directional Sign: Signs containing directional lnformatlon about public places owned or operated by a governmental agency;' publicly owned natural phenomena; hjstoric, cultural, scientific and educational sites; and naturally suited for outdoor recreation, deemed to be in the interest'of the traveling pubi'ic. cf) Private Directional Sign. Signs containing directional information about privately owned scenic attractions; historic, cultural, scientific and educational sites; and outdoor recreational areas. Such privately owned attractions or acttivities should be nationally+ or regionally kno►Wn', and of interest to the traveling public. (g) Service S gf. - A sign providing Information of or 'directions to non-commercla:,l public services,, service organizations or service providing establishments (e,e- hospitals, health agencies, fire danger signs, ` -H clubs) etc -)i- (h) sinpositiioneforrammeasuure innai date orpost Corpaign public,off ce orma�parti'sanrary for public eleCtiOn. (i) Sign Str40rt;,`e. Any "structure of any kind or character erected or M or outdoor advertising purposes, upon which any sign may be place�Aincluding statuary that is part of a sign. (�) Sign, Appurtenant A sign located on and concerned with or dirottlyr relevant to the principal use of the lot: (k) Non:.:Appurtenant:. A sign unrelated to the princ S i gn,i'pa l use of the lot. (1) Sign Area. The area of a sign or other adver.tis1he device shall be measured to the outside of the sign framei o' where there is no around the outer limits sigh frbmoej to a simple boundary perimeter r f th'e IS 11gn e 1 eYnents, Including any' voids With 1 n such, peri'imeter i -►e two eider, ofa doub 1 e- focgd is 1®n . she l be counted •s ri�'r (m) Double-Fbeed Signs. Two signs back-to-back on the same sign sign shall. be coUnted structure;. The tw'o sides Of.8 double-faced ohe sigh.: Wedge-shaped or �!V"-siwr�d-s'ipns there 'messages at,;Only not back to back phil i be counted as `or„e` '6 onlso,�7i�t►a �>�e,��ie� are si^e attech6d and this Ong i a of �ettiodhiment dues not exc*ed , b ildbor*09,- Such signs with angles exceeding �4 deei-bbs shall be counted as two stens even thoU9h they may be attached: Revised OctObek 6y 1986 1..13 80 DE69E'ES Ota S 4 ^ � a (n) Sandwich Sign. A double -fared sign which is portable and p�^.:ed in fr-ont of abusiness or within public r i ght-of--way near a business. SECTION '2?4-33.04 ,APPURTENANT AND NON -APPURTENANT SIGNS Unless otherwise spec 1fred for any zoning district developed subsequent to the adaption of this `Art cle,'the following regulations shalt be applied: Appurtenant S ons-. a; Subject to a(Certi f i,cate of Conditional Use (C.C.-Uv,): One (1 ) appurtenant sign per street, frontage for each parcel, provided that ty-five.(35) square feet and that such no sign shall exceed thir signs shall not be permitted for single-family residences or home occupations b; Subject to, a Use Permit (U . P -) . Any appurtenant s'i gn exceeding the numberand size limitations of (a) above but not exceeding two hundred ( 200) square feet for anY i nd i V i dc.a1 s;i gn S1'6ns. ' Subject to C . " r _. j C. U .rP �Drie" Com) s t on Per. parcel , ot a``c exceed - (three hundred ( 300) square fOet. SECTION 24`-33:05 GENERAL PROVISIONS' FOR SIGNS Unlest otherwise allowed by this Article, the following gonkirai toning provisions shall perpermitted to signs in applicable districts 1. Name plates hot over threA square feet in area, and not ilIUminatedf,. may be displayed in any district when attached to the math building. 2. In the case of a shopping center in �,+ppllcable districts, one directory sign may be permitted provided it dull not exceed two hundred (200) ;guar -e feet in area: For stores within a shopping centery one (1) sl9h attached t.o the; building, not to exceed thirty-fjve (35) square feet, except by Use Permit, shall be allowed. In the case of a Use F`ermit; signs shall be permitted; to have an area not to exceed three (3) square feet for each one f1) foot -offront'ge Provided that no business estabI'Ishnrient shall be allowed a sign in excess of two hundred (200)' square feet, and, further provided, that the area permitted may be divided Into not more than six d 6) s Ing I a -faced or double-faced sighs. Said formula shail p age. ' 1 a ply :to street front, 6 114 8evi`ted October 1885 i " 3,. rNon-appurtenant`sions may be permitted in any zone (except Scenic Highway) along a County road subject to securing a Use Permit and subject to all of the following qualifying provisions: a. [Maximum of two (2) signs per leach permitted Oise fpr' wh 107, Nth - Csign is concerned. i b• A11 signs under this Provision shall -be 1 ocatedJ=-furtihof "than " - one thousand ( 1000) feet from the oris treat tie�cess to the "� permitted use for which the sign is concerned, V+gnd 'eta" moriJ-tKari ttwo (2) m`i i et from sa 1 d , use c Jrhe use"for*Whi'ch the sigiti ild5 •concerned +V-ioC&tQd bre K+rAPer'tY Elthat has no frontage on than County road far °i4h1 Ch the s lain -"At Iproposedy or is otherwise- unab1e, under the provisions of this Article, to provide an appurtenant sign for the use inquestion... d d that no sign under this provision shall exceed `, th 1 rty= f'1 isguare feet in area. 4. Signs shall' be 'unlighted or softly lighted and shall not blink, oscillate, rotate, pulse, or, be otherwise animated. All lighting, shall be designed and Iodated to as to confine direct rays to the prom 1set. -- 5'-• 51 gns lal l owed under- the def i h i ti on of a "home occupat i on" 'sha 11 be iihill ted to one ('1).unl1ghtedsign with not more than three (3) square feet of display area; and such sign shall not be located in any required yard. 6 • fVoti-appurtdnant s 1 gnas allow bd by this A rtilclia to be 1 orated 1 b L9-_ or v1 slble from any primary'°or interstate highways and 'al l :;tate highways in unincorporated areas and all County routes shall be subject to the f6l1cawing standards a Oe 1 orated w1 thin forte thoUsand (1 666) feet Qf ` an existing 11 ndustrt a i or commercial zone, b Will not have flashing or moving ights. c: Will riot impair traffic visib'11 1ty .at `any intersectobn di w 1 11 be at least Jf'i He "hundred '( °500�"'feolr "ficin'."iib° nearss't �s1n" on a freeway, !o' at 1 ens thrae� hUhdrad "i~ 30P� )° fieiet""' 0orh,tjje- nee rest Si gn oh the 'same *Ido of none- frebt"ray, h jbhWbV oUtsi�+e f`" j6 city. a C 5t14) feet" ,firom on interchange' or x e roadside rest, aIf' outside'ofeCity. W111 be at Aevited October 61 1086 1�5' w� r v ?. For she purposes of advertising a parcel or building for sale or lease, signs may be displayed by right under the followine provisions: a. Limit of one(1> sign per 'parcel for each street or road frontage. • n a 1 1, b, A maximum mu a l i dei sof six (6) square feet i n' area Yor s rens 1 c. A maximum size of sixteen (16)_square feet for signs in all other districts. d. Subject to a ettO Pet � fone (1) sign may be a1 l yawed per parcel for each stre rm i ontage exceeding the above site limitations,, but not exceeding thirty-five (35) square feet. S . Otrtidoor- s�vert l s ng signs, e+rid truetures, other than t}aos�a--al 1-owed as appurtenant to a p rm;-ttsd- +s b i ted-Unless ` sp c.i f�ie�ifi Permi t' ted. � rprohl 94 No part of any sign s h,�7-i1 1_ .be placed i n such a manner-as to obstruct- sight d i tat ce or i mpa l r ti-461ff l c safety- Except for° Pol it i cal campaign signs or potters which Fray be 'allowed, 'no part of any sign shall be placed in a right-of-way or road easement., -�`ign shall overhatpublicPurtenant,way civ,` extend past the 1 0. No property line to which 11-. No sign shall be allowed to become unsightly due to lack of maintenance, and any sign damaged or de`aced by any means shall be summarl`ly repaired or removed. ` S5CION 24-83466 SPEC I F I'C PROVISIONS FOR SIGNS The following shall applyto Ethe placemohtof signs in the respective oto; zoning,districts, unless _� provided for in this chapter' "Appurtenant suns'' are st9ns located on and concerned with or directly rei'evant to the principal use of the lot. "Non-appurtenant signs" are signs unrelated to the principal use of the lot (consult Article 31, ijefinitions, for additional sigh-related defintlons): 1 Ai-M-4 i cul lural or A lore oo irt4 nant S i cahS Subject to a C.+C Li.: l 1 ml ted to two (2) appurtenaht signs L=-- a a:h peel t,ed..,use on a parcel, hot tui exceed th i rty- f i ve (36) square feet per sign and provided that there is a minimum d i stance of 'six hundir.ed (600) feet betWean badh sigh Atvited October 6j 1586; lire See M-1 above, n— t r f 6. Pub c/ as ♦ -i -Pu?,1 ' i - _�.,;, or FCJ' Zone See C-1 above. �r 7 . P1 anned Unit Deve`1 opment or hti Zing _ppurtenan S i sans. a • For any permit-ted commercial or non-re s i dent i a 1 use,- secs H..0 - above. b. For any use in a predominantly residential area of a-planned unitdevelopment,, see R Zone. Nan-aool.trtenan er Not allowed. fes. _ Res i'derit`i al or R -Zone See FR zone. -- Resource,Conservation or RC --- L See CF or TPZ above. 14 Sc�nc Hiahwav or. SH Zone APourtenant and Non-ar�p-r--tenanir S i sans rY �r Subject to a �a, tri determine site, EXc'eptions: Signs advertising sale placement, design prod col c ,. sign is plated, products grown or raised or lease of land upon whICO the upon such propert direteipnal signs or historical landmark ,slgns: y, S"ub }'r 1If 1 1 . n Rt �,d dCr7 t i a 1 or SR Zohe See FR Zone. 1 2. Timber Mbunta in or TM 26hs See FR Zone., 1 . :Inc l asp f"i ed or $one See PUD above r , i t Jtevised Odtobe 6; ]986 119a ,F r SECTION 24--33.07 ACTIONS OF TME PLANNING; DEPARTMENT The Planning Department sha'l1 review applications for Cert! ficates`of Conditional Use according to the provisions of this Chapter. Upon finding that the p-oposed sign meets the ;provisions of this Article, a certificate shall be issued which shall specify all applicable standards and conditions. SECTION 24-33.08 ACTIONS OF THE PLANNING CC1MMISSI°ON The Planning Commission :shal_1 review appl catinns.for Use Perml.ts according to the provisions of this Chapter. Upon finding that the proposed sign meets the provisions of this Article; and the findings of Article 32j Sections 2q-32.27 and/or 24-32.37, a Use Per•m'it shall be Issued which shall specify all applicable standards and conditions. SECTION 24--33.69 SERVICE AND DIRECTIONAL SIGNS Service and private directional signs may be permitted in -all districts upon first securing a Certificate of Conditional Use in each case. No one (1) sten shall exceed a maximum area of thirty-five (35) square feet. Such signs shall be :permitted only on property adjacent to County roads or state highways SECTION 24-33.10 POLITICAL, CAMPAIGN SIGNS' Political campaign signs or 'posters may be alowed 10 any district and shall conform with the size .standards of this_ Article and sha 11 be located in a manner, that will not block sight distance or impair traffic safety. A Certificate of Conditional Use shall not be'rpquired for political campaign signs or posters. Such signs s,ha11 be (removed two weeks following the term i nat'i o) -i of time intended therefor. SECTION 24-33.'11 OUTDOOR ADVERTISING SIGNS Outdoor advertising signs of 900 square feet in size (1 2 feet h i q)n �by 25 feet wide) shall be allowed In the C -H (Highway Commercial) zone i M-10 "C I, G 2" (Light. I ndustr a 1 ) , m-,' ( Heavy I ndUs'tr 1 a 1) along County roads and along state aid interstate highways as regulated ,by 'CalT'rans and the Federal Highway Adtriinistration. Refer to Section 24-33.06 forspecific provisions fore signs in the threFf categories. In all cases where new locations of outdoor advertising signs are proposed, a Certffic to of Conditional Use or Use Permit mus!; beapplied for and obtained: SECTION L>4 -33-i2 NONCONFbRM I NG SIGNS i3evised Ocabe' 60 198 119b - CON-jeNTS Page �. .r, a .. r r V , nl pro gsions . .., �cnCsr r.r.., .. 7 Article Article 2 clr7�iM'�iytr tia f Ch pter... �+ � .....Alt,. S idle �rpllc.at«n ' S E. DISCS ................................` 1 tick ,cic� b. '�• PcrrrIrts ...,.,., iulaEir�ns 24 Article hx �vaLs Lan zlscape(I free_ , L5 V,i Article0. .,,... penalties.i.,..,. .,,.....: Article. Crime$ and ,.'article 10,............... OUTDOOR ADVERTISING ACT &.51ness and Profess%ns Code DIVISION 3 01APT.ER 2. ADS+ERTISERS Article 1, General Provisions Outdoor Advertising Acs 5200. This chapter of the Business and Professions Code constim totes the chapter an advertisers, T"may be cited as the Outdoor Advertising Act, Construction 5201. Unless the context otherwise requires, the general provi- sions set forth in this article govern the construction of this chapter, Advertising Display 05202, "Advertising display" refers to advertising structures and to signs. Advertising Structure 5203 "Advertising structure" riefers to A structure of any kind or character erected. or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting or other advertise- meat of any kind whatsoever may be placed, including statuary, for advertising purposes. "Advertising structure" does not include: (a) Official notices issued by any court or public body or officer; (b) Notices posted banng performance of apub- lic duty or by any person igiving. legal notice (c) 1)irectonal, warning or informatiory structures required by or authorized by late or by federal, state or county authority, (d) A structure erected near a city or county boundary, which contains the name of such city or county and the names of, or any other : nfortnation regarding, civic, fraternal or ;religious organiza- tions located therein, Motet Seetiou 1. of Clinliter 1408, Statutes rW 1967, provides: stc't`trlrt 1. it: is the intention of the Legislature, In i'itaoting this att, to provide for ilia errective eontrol or outdoor advertisitig required by the, Highway ndautitivst- t1on Act of 1905,;Stetion 131 orTitle 93 or the United Status (;ode, as in Wed October 22), 1965, aild particularly divisions (c) and Ol thoreoi', it Is the intention of the 14gislait re to reeluire thatthose'sdg mcnts 6rhighivays located in this state which are. hereinalt,or reilerred to as penalty segments and bonus segincnts contorcn to the whtrols wcqulted by the said llighway licautitication Act of 1068 and that the bonus segtmnts coiillotttl it) addition to the controls required by the, Fedoral,Atd 111ghway OUTDOOR ADVIVATISING ACT re Act of 1958, Section 191 of Title 23 0[ the United hap Chatates Code, as in effect pter ututes 1564 (1st Ex Sess ), October22, 116k, and the collier-Wberg Act, and by the Agreement for Carrying out the Natfonal Policy Relative to Advertising eretofore ertere� lo a to the ur ca�iant tot th SsairOr Interst-Ite d two acts lbetwc n he United nse St tes ohways f America, repres. n represented by the Secretary of Commerce, "ting :through the Federal Highway Administtrator and the State of California, Acting through the Director of Public said Admin the exert that the :latter controls Are "`stricter", within the meaning Of the highway Beautification Act of 1965, subdivision (j) of Section la} of Title 23 of ' the UUnitedSWtes Coda, as in effect October 22, 1965, Bonus 3egmen 5204. "Bonus segment means any segment of an interstate and way �vltich wets covered by the Federal anysuch segment m nl which Act u is construct- the, onst uct the. Collier-Z'berg Act, namely, g ed upon right-of-wa'y, i._ i uent to July 1, 19aG. the entire width of which was acquired Subse- quent Business Area 000 feet, measured i3 ' 520, "rSiness area" means an area within 1, in each direction, from the nearest edge of a commercial or industrial building or activity and which is zoned tinder authority of state law pt irriarily ta-permit industrial or commercial activities or an unzoned commercial or industrial area.. Cenforline of the Highway 5206."Centerline of the highwav" m ans aline egitidistant from vi eedges i h uv, or hian e centerline of thethe y main atray.04 eledaway arc a vid b _. nondividod highway ance - _6207,ale Ce t ficate of oaf Zoning n ng compliance" is a certificate issued by a city, county or city and county as prescribed by Article 5 (cotn- rnencing with Section 5320) of this chapter. The Collier-Z`berg Aci 81908, "Collier -'berg Act" refers to Chapter 128,8 takutes of 1954 (1{ rst Extraordinary Session), lllrertor 5909 "Director" refers tp the Director of I'ransp'oriatibh of the Stitta or California, federal Aid HJgltway Ac!_of 1938 5210. "Federal Aid Highway Act of 19581' refers to Section 131 or Title 23 of the United States Code, as in effect before October 22 M. fioewoy 5212. Vireewdy;' for the purposes of this chapter only, means a divi(led arterial bighwayfor through traffic with full contrail oraccess ttrttl with gl-ade separations at intersections, OUTU00l1 /%D VP P71S1NC ACT 3 Highway 5213. "Highway" includes roads, streets, boulevards, lanes, courts, places, commons, trails, ways or other rights -of --way or ease- ments used for or laid out and intended for the public passage or vehicles or of vehicles and persons. Highway Beautificalion Act of 19456 5214. "Highway Bealllihoatiwi Act of 1965" refers to Section 131- of Title 23 of the United States Code, as in effect October 22, 1965. Interstate Highway 5215, "Interstate highway" rneans any highway at any time offi- dally designated as a part of the national system of interstate and defense highways by the director and approved by appropriate au, thority of the federal government, Landscaped Freeway 5216. "Landscaped freeway" means a section or sections of free- way which is now, or hereafter may be, improved by the planting at least on one side of the freeway right-of-way of lawns, trees, shrubs, flowers or other ornamental vegetation which shall require reason- able maintenance, Planting for the purpose of soil erosion control, traffic safety re, quirements, reduction of lire hazards, or traffic noise abatement, shall not change the Character of n freeway to a landscaped freeway, Lawfully Erected 5216,1 "Lawfully erected" means, in reference to advertisii g dis- plays,advertising displays which were erected in compliance with ,state laws and local ordinances in effect at the time of their erection~ or which were subsequently brought ino full complirnce with state laws and local ordinances, except that the term does not apply to any advertising display whose use is modified after erection in a manner which causes it to become illegal:. Where shall be a rebuttable pre sumption pursuant to Section 606 of the Evidence Cede that an, advertfsing display is lawfully erected if it has been in emistenee for a period of five years or longer without the owner having received written notice during that period from a governmental entity stating that the display was not ted, laWfully erec Mom )"raveled way 321642 "MainMtraveled ,gay" micans the traveled way of a highway on which through traffic is carried. in the cake of a divided highway; the traveled way of each of the Separate roadways ,for traffic in apposite directions is a mahkraveled way,, Main -traveled way does not include facilities such as frontage roads, tamps, auxiliary lanes, parking areas, or shoulders, 4 ©U-f`I) 0ii ia)Vt:117'ISING AC -T Outdoor Advertising BUIMess 5211, ' 0ukdoor advertising business" means the business or Occu- pation of placing, erecting, constructing or maintaining advertising structures or signs including the installation of neon on a Ivertising displays and the installation of neon; gas tubing p displays and of any other element or device designed to provide or increase the visibility of the advertising display- increase Outdoor advertising business'" dries not include khe placing, erecting, constructing or maintaining rif advertising displays exclu- sively pertaining to the business of the prison placing the advertising display. f e -pen t l; locat- e a21$. Soalty segmnnV, meads any segment ora high Y ed in this state which was not covered by the }�ederal Aiii llii;hway Act of 1956 and the collier-Tberg Act but which is covcrOd by the Highway Beautification Act of 1965, namely, any segment ofan intery state highway which is constrtici.e:u upon right of-ti4: "° any mart of the width of which was acquired prior to July 1� 1956, and any segment of ,4 primary highway.. ,Person I p P� 5216. "Person"" includes -natural Person, firm, °coo erative Part' nership,association, and corporation. hwdy Primary 2"Pt marl highway'" means any 'highway, as a hart of the in• _ ., hwa , other than an terstate highway, at uny hrtie officially designated. the federal aid primary system by the director and approved by appro, of the federal governmentF priate :authority Signy "" 4 a 5221 Sign' refers to tiny card, cloth: per, rote, painted or P wooden sign of any character placed for outdoor advertising put- poses,Ott or. to the ground or any tree, Wall, bush, rock, nonce, build poses, structure 'orthing, eithcrprivately or publicly owned, other than an advertising structure. ,,Sign" does not include. rat OfficlUl notices issued by any court or public body or officer, (b) Notices posted by any public officer in performance of a pub lie duty or by any person in giviri.g any legal notice; I (c) Directional warning or information signs or structures or quirecl by or authori2od lay law or by fedet�al, state or county author ity. 660 feel From the Edge of the aighl-of-Way 5222. "660 feet from the edge of the right-of`40" in0ans 660 feet measured frow the edge of the right -or -Way horizontally along a line normal or perpendicular to the centerlino of the: Highway. OUTDOOR ADvttI1`f'1'31NC1 AC:C 5 Unzoned Commercial or Induslrlal ANO njeans 522,3 "L�nzoned comi-ne of stale l�rw al or �in � chrial + the land tuse ei's not zoned under authority ermitts d only in areas which are characteristic of that generally p of 1 actually Toned cox the landodus ontlwhichtriaranedor morercommsercial or embrargng al of all land within 1,000' industrial activities are conducted, incl�.,cling feet, ricyas��.ita in each Idirection),igct v t t (y �uchland, As(larest edge ed in this . rnercial or Industrralbuilding o Y section, "commercial or industrial activities" sloes rt4k inc' 00, l outdoor advertising basins ss or the busiric.ss of wayside fresh p vending,. WS." le seen (whether or tial 522 "risible" means capable 5 of normal Visual acuity. leg blei Without visual aid by a person 7o Place d any of its variants, as applied to 522x. The herb, "to place,"cite tainlrig and the erecting, Coll advertising displays, includes thetmnair tacking, nailing, gluing, sticic- structing, posting, painting, s printing, or making visible any ing carving or otherwise fastening, �r any tree,bush,rock, fem,1, ads ertising diyiilri}' on or to the ground st, wall, lyrrildirig, skrUeture or'rmecgl nc�irx4nt to the change of iia gbin aGtivit►es wlln perfo adi°crtfsirtg rr�escage or customary marnteri nee of the ad tertisrt g display, 000plallon of outdoor Advertlsin# ad t: Jacent to Any in 5226, The regulation of advertising displays v dedin Section 5405,1 state highway or primary highN a) as p hereby declared to be neceest a hnt promote pub e lta��el, to project th welfare, cunv enience and I Y of public invests -hent in such hie hways, to presexve tt°1e scenic beauty in lands bordet`ing on such higl Vats'rig n public$ srpresenked safely O that luted the specific interest of the t efft~etivcly, recognizing thal a reasonable freedom to advertise is to attain such ri laic Livlegitimate . To tnexc alature ius sof proper - necessary utdoor advertis g ty adjac;ent to toads and highways. tbl ' n intr Sral part of the business. raid Outdoor advertising is a marketing function, arid an cstablish t, in business t urs stisubjeet to emy, and should be allows��blic inkerest. to -reasonablecontrols in ths. 1. City or Coomy Zoning Ordlnnnces tho wholo X227, it is the intention. of the 1,,,c gislature Eo occupy j nC xe fUliitiorx by the provisions of this chapter except that tio& field g or ns ung in this chapter prohibits enforce ment o�nnrtatcilorodit ar its ln �s� duly by persons designated so to act lyy aplj p li A,1VLjjT1S1NG -&Cr �;?1J'1'I.)OV. Prohibit the adapted by y r ulations an caunty�r r�hys)pablelland use ornor does yzariiitiit, reg passage by ally county displays in accordance wrth the the pl=zcrng of advertising (commericini; with Sec< provisions of the planning 'Law ,, I Chapter tion.'65000) .of Title 7 0£ the 0Utru tures pe den g tat hoobus buon the siness With reference to signs or s Conducted or services rendered or goods ns or strtitlu s are placQd1 property upon which such advertising g ardina ces subjecting such .Signs or structures to building require Legis/atOre's MJnimum Standards 5228 adjacent it is declared to be -the regulating advert st- of the i tg displays islature in enacting the provisions of this chapter reg Stem or interstate and defense to highways included in the national highway system to establish highwtiys or the Federal -aid Primary minirnur'r► standards with respect thereto Compliance with Low ar Local OrdJnances J. The provisions or this chapterexi existll ence oneor adjacent to nstrued to 'a lace or maintain in permit a person top including arty interstate or stat high - any street, read or highNVO , . rahibite$ by [acv or by any way, any outdoor advertising d count r of any city, county or city r Y Ordlnahces May be More Resfricrity or city and county Local oning� o� any city, county, lana, usd or 5930. The go%rnrning bods but not limited to, coact ordinances, including, displays adia, racy- osin re,trrcttofis on advertising than those zartirtgardrnances„rmp hwa equal to or greater cent to any street, road, or hig y lied with. Notch e imposed by this Chapter, if, Section 5412 is comp county, or city and county may allow an advertising drspluy placed or maintained In violation of this chapter, Local Ordinances re Permits d Lof an s or cit and county may 5231, The governing body of any city Y - ordinances requiring licenses ar permits, or both, it addition enact, this chapter; fol` the pl�cllrg u£ advertising dis• to those irnpused y including a highrvay'included in the lz riys in view of any Ill "I ay, a system o£ interstate and de£ensendg highways, or the fdderal-aid nation _I yts primitry highway system, wrthinAid�niSkraE ,�:rticle 2, Administration Administration by the Directonra�e orders and rcgt►lations for the on` 52501 The director racy` authorize the Dept rtlncnt of forceine)tt or this chapter and�s ons. `T"ranspurtatior to enforce its provisions, 7 ist`I'ISING ACT E3onus 5ogment Regulations the directa prior to Dov 'in. Ilt'gulations prorr►ulgated hY h ay on rig s constructed up [i7 concerning interstate big aired after July 1,1956. shall, ber 8, 1.9 to comply with the tkiric entire effect Width oCwhich was a e ct to the extent necessary specified in Section be con, -- with the Secretary of Commerce agreemr�nt 1310) or `Title 23 of the �rtited States Code, Aumorfzotion to Prescribe forms 1iet�tions, other appurtenant written matter. 5259, '1 kip; director sh�til.l prescribe the Corm of all app licenses its and Director licution't Farms Furnished by uisite Corms for app 5253 'pile director shall Furnish teq ter and cnay appoint a. hoot the state 1ire.psry and permits cnt iii each�of�thehcounties throug Cc es. repxx5cntat� c or ag the licenses and permits and collecting for;the purpose of issuing ter. The agent or Te reserttative, in therefor as provided in this chap be the county clerk rr each the discretion of the director, may county county. ointment of the county, cleric in any in the event of the app c1erk shall so act. Lrpon the issuance of any the county thereof to thedi lector, the by. the director, the authorized ag director, ? ^ cerise or permit by r such i, forwat�d a copy the agent shall immediately �:.lties enaltios for failure to cbm .,u hortzcifon to enforcQ' Penonforce the p 1:s : ., ^ director May,enforce with the provisi"ns of this chapter. ply Article 3. �,typlication of chapter s �; of aclvett�sing displaysoby rtks-- his 5iate JuriThe ,on ulation of .h placing 5VOv The teg ulutian array affeLt Gm ulacing hrtpter insofar as such reg of Ipublic highways (it t;xI .a Mate in unin- ing displays With"' View e c+1whisiV e" of 611 tither regull;ti ig for 'the or6ted ar: ' , b e s ♦within view of the public highway nC corp , a law, of this state placing of advertising p X til is state in unincorpdratedi athereo ether fixed b� Or by a political subdiv lon `Qct o Reg�fotfan visions Amos Subf 6 lays within 5271; Except as othertivise prof crentgtoftadvex ipng� the p of this chapter apply only to the p located ild. unincOrpofat t in 6 feet froexcept nt the ridge view of highways. of, actd the copy of wilt h is visible from, ittkerstgh that thate e placing of advertising copy oys the portibtis of such high of tltc rightWof`-way htivays� including oVerncd by this chtipter, highway or prl,naty big kv6yslocated in incorporated tireas shall be g 47t1'I°000I# r1)VF'RT:ISLNC AQ revisions• contained in Article, On-Premise Displaya f the p' tr 4d4,1ticluS e, V272, With the excel?Etort and Sections 54M W 5cr '10 itlg display tcomrnenci aiwith Sectir�"i 5 ) hes to any v not c ed in this chttpter app tir oses: W, d exclusively for any 4�f the £ollo�s'ing p )crty upon Which the (ai) `I`o advertise the yftic' or lease al the Pro i �S laer d f the pr,I, display p csccu cant o advertising p (B) "l'at cicsignate the riatrte'rsf tits owner 4. ices or or`[ri identify thrw l,rr�rn,iGs. e ro erEy i,iport Which Eho iidvor, t advertise tlac l�iisin ss thnduc ct car sery ccs rritdc Qdthe (c) 1° a fife garid�i prod" or sold ui�on. p is a port tlto sasno 51ci� Within y tl r, alai>� is Placa () if the display oint%Sit thew iyropekEy tasing, i and t Within feet Of the site e husin�.is iq con- high 'ay t�. the site at which rothacc I oy sold` j } ft.t,t of the cntrarncc oods are p sluctr_t1 or services Etre rendered or g eases ,article 9, f..,ac engage# in the Bualneis of Qridoor AdverPislof advertising arson engages in the businelb o place, advertising 53i)()• ii nrsotiauy or through emp y pertain exclusively to rvhC00ver he aa�.�ertising �vh oh does not p ,e of such adver- displays containing es the atilvertisng ttieasab hls ntvn Business, or Cham t educt frit sale to the general tisir�i disl�latys. when .A mandacturei gar dist ihutor of a p' ntbli�� does riot enrage in the bury ss Of hint foriin allahort onsthe retail- t lace of Business a hr. 1•tarrtisho� busir�rt lrjr installs oil the tO,' eroduct or the °name or cr`s '?laoc rr pert., tri the para sign �ootytalr�utg adirr,rusm9' p BusinCss of the rctaller• . C)ce Jse r Required t havilig paid the license fee tarsen ^shflll ertgrtge' in or carry on'tlie business or occu- blot. \o p With"t firs in advance on pation of otitdoor advertising f each year to the director torn, s of oneyearprovided by this cha►pter.'Ihe fee i$ payable annualOr y aut the first day of Jul} o he rene�ted annually. agent. V'at h license shall re in al �l May the annually. froxh find ttftcr the, first dat} of 7�trly� " A li and v shall tic, olit`iiitod r4hethcr ar not the advcFtisin requires a pertrti't. Duralior` oRpite f jjeohiei inti) liccrysk_ issued on or after'th -6 of issues fees forlori f 53(12. 1111 ane' iolla��ting the da ar shall be appor- on the 30th day of J , of ul of each ye. lieer►scs`issucd after the first day 7 y car` tinned and collec ted ran the )oasis oC orte•t�-v�►fth Of the foe far each rnrtatth it part thereof romgMning in the C"IsGa y OUTDOOR ADVi:RTISIN.(go A r 9 Cicenio Appilcation Form ,5303 Lavery application for a license shall be made on a term, to be `urnNhed by the director. It shall state the full name or the appli csujt and the post office address of his fixed price of business and shall contain a certification that the applicant has obtained, a copy of the provNaris of this chapter and any regulations adopted thereunder and is aware ref their contents. ` be issuanm of a license entitles tho h(llder to ongage in or carry on the ()utdor)r advertising businessand to apish' i`r,r permits during r the term of the license. Article iii. Permits ` permit Regolrement 5350, So person shall place any advertising display within the areas affected by the provisions of this ohapter in this state without g the director' or from his first havin Secured a written per it -from, authorized agent. Apniicalion for Permit 5351. Every person desiring a permit to place ,Anyadvertising dig)lay shall file an application with the director, or with his author- fieri a;en;k. \Ito application shall be accepted which is not accom- panied by an application for a ccrtiiior:?e Of coning oornpliane� for the same display, which nears a date stamp at least 10, and not more than 60, days prior to the date of application, for a permit, it the display is proposed for a site within the jurisdiction for a local agency hose governing board..has adopted a resolution pursuant to Section 153P.0 IVoneompliance with Zoning Regulations 5352. No permYt may be issued for a proposed display V►.t respect to which a local: official has issued a notice pursuant to Section 5329 Contents os{ Applicalfotu for Permit 5353, rha applreation shall be filed on -i blank to be furnished by the director or by his agent, It shall set forth the naive and address or the apPllwant wind shrill contain a general description of the proper- ty upon which it is proposed to place the advcrtisfng display' for �which ►r pertnit is sought and a; thagrtu-n indicating the locution of the proposed advertising display on the property, in such a manner that the property anti the location of the proposed advertising display niay be readily ascertained and identified. Properly Owner Consent 5354. The applicant for any permit shall Offer evidence that the owner or other person in control opo-MM1on oCthe property ►ypdn which the location is situated has consented to the placing of the ►1tlw'ertfsiit„ display. OOTDOoIl AD'VEIMSING% ACT D to dace a disp Y la shall contain Description of Dispidy ermit i aterial, size, and subject 5355 An application for a p its M a description of the display, in it. and the proposed manner �f placing License Number ermit` is engaged in the outdoor 5357. if the appli in .business, cant fora P the apl�licakon shall Conai tn the number oft e ad,�ertis K license usue4 ,.v the director. license Issuance of PermiO Mance with this chapter iication is in full corny any other state 535s�. �yhen the apP and if the ads"ertising displtry Will not b ant v5haltiwithin 10 daTosvided after a ment by the applicant of the fee p for the. law+.', the director or his alLILI rued ab die lay compliance and upor, p Y lace the advertising display b -this chapters issue a Perin l �° in which the permit is issued, to cinder of the calendar Y of advertisI ng dverll�ing COPY lacing chaan9In9 A pet t for' the p thereon 03359. IU issuatice of h p o change the advertising copy Per for the remainder of the structure includes the right p a me t Ehaut obtaining Y calendar •year in which the permit is issued and without the p Y Owner of any a�lditianal permit fee, ordinance applica e iss►Vance of a perrtiit dr°,nth a zon rig anon oeh e ter nor dts lay to Comply of the ads ertising pdisplay'under the pravisiotis of thtsltcabple otdi= ble to the advertising of the applicable does the POW' prevent the enforcement nar►ce by the county. of anuary of each Peirnfl .({enewals rovided in this permits shall be renewed �nrrl the first, fees asp i 6560. licaiiur�andthepaY of Decomber of the yearF year tern the $hal eXpire an the 31st day chapter and ail /denlifi'calfon Number lace the advertising. 5161, ) ach permit provided in this chapter shall carry cation number andri thle septic holder top display described i bor Vlolalio"n is la unless there %den�iffcOtPon Num lace any advertising_ e y 636L, rid person shall, p placing of tiny fastened upon the `Front then on 5363eThe Alton g Or tiny is securely fa Spec it, Sect has plat:: ion of tl�e character affix d th advertising iitiftca vi;rhls�v without having display of been this + rovisidns removal as OUTDOOR ADVERTISING A( I' ll Identification Number P/ateit 5363. Identification number plates shall be furnished by the di- - rector. Identification number plates shall bear the identification - number of the advertising.display to which they are assigned. Pre-Novomber 7, IP67 Displays Within Cities 5364. The provisions of this article shall apply to any advertising display which was laivfnlly placed and which was in existence on November 7,1967, adjacent to an interstate or primary highway and within the limits of an incorporated area, but for which it permit has i not heretofore been required. A permit whichis issued pursuant to' this section shall he deemedto be a renewal of an original permit for an existing advertising display Highway Redesignation Within incorporated City x365. when a highway within an incorporated area ifi designated as an interstate or a primary highway, each advertising display main - Wined adjacent to such highway shall, thereupon become subject to all of the provisions of this act. For purposes of applying the provi< I, cions of this act, each such display shall be considered as- though it had ` been placed along an interstate or a primary highway during all of the time that it had been inexistence. Within 30 days of notification by the director of such highway designation, the owner of each ad- vertising di:s'play adjacent to such highway shall notify the director of the location of such display on a form prescribed by the director. The director, shall issuea, permit for each such advertising display on the Basis of the notification from the display owner, provided that such permiti will be issued and renewed only if the owner pays the fees °requirod by subdivision (b) of Section 54,85. Luch permit issued pursuant t Ri n►iq se thin advertising be deemedo be a:renewal ofan original p idisplay, Lacdl Ordinance Violation Prohlblted' $366, The issuance ora permit pursuant to this chapter does not allow any parsori to erect an advertising display in violation of any ordinanc,^ of any city, cotinty, or city and county. Article 7, Regulations Name of Owner of Structure 5400, No advertising structure may be maintain d unless the 11, 0W of tha person owning or ;maintaining it, is pl►i.rily displayed thereon. Whid Alesiore ReSifiarlCC 5961, No advertising'struckurechall be piacecl unicss it is built to withstand a wind pressure of 90 pounds per square foot of exposed surface. Any advertising structure not cotiforminb to this, sectit n shall bo romoved as provided in Section 5963. 12 OVI'1)OOR ADVIOtTISLI40 ,ACI' prohibited Display Copy erMit to 5402. No person shall display ax , cause or p Brit sor words a upon any advertising structs rouse or ordsra an obscener indecent or immoral character, or any p' tion of any human herrmatic moral, or terSuch of letail as to ttii tg of an f obscenel,lindecent or decency, ora y immoral character. prohibited Display Locations laGed or maintained in any 5403, No advertising display shall be -1 ' of the following 10tati vertisingsJtructure o>itiotis or �signer ri of the followiny Of the g conditions nature: highway, Crai' if within the right -or -way of any simulating or imitating any Gbt If visible from any highwli) directional, warning, danger orinformation sign permitted under the provisions of this Chapter, or if likely to be mistaken for any -such. permitted sign, or if intended or likely to be construed as ,giving. warming to trafile, such as by the use of the words "stop" or "slow down; fnage channel or belo Cel If �v thin any stretlnt or. dr tw the flood- wafer ler el of any stream or drainage channel where the advertising display might be deluged. by floodwaters and swept under any g way structure crossing the stream or drainage Channel or against the supports of the highway structure. Cdl if not maintained in safe condition. lel IryisIblofrom any Yighway and displaying any.red orhnking or inLermittent light likely to be mistaken for a tvatning or dalriger Signal. lfl if visible from tinhichris,ultt ed upon trees, or Painted which is a Pitt t Or the ear drawn prfmarysystems,and v p upon racks or other natural features. (gl If any llltill1i11r1ti0r da7.rle the t tS on f travelers thercort shall be of such toncadjacent positioned as to blind o highways. f hl l f vrsible from rrtry botyus segment and displltyfng any flashing; Intermittent) or moving light or lights. Visual Obstrue4olts ide of any busi� 04, I� o nclvertisadisplay Vehicle f ode or outside of a y unindor- ne$s district Its define i the Subdivided porated city, town or village, Or Outside O� any area thatsquare feet each in area in any Into parcels of not more thrirt0> sy of the following locrttiot�5 or positions, car under any of the following n Lure; conditlob"s, or if the advertising displity is of the following s ecHort taS oint orl if within itiidistance i tan a raiailroacifeet fr ght of roin theway lines, except that of higli�vuy or of l g Y on that side this does not prevent tht, placing of advertising display of an intercepted highway that is opt osite the point of interception, OUTt)OOti bv'n'1V1'I41f" G AGT f3utin e;r+ir- any permanent building, q'i itoture or other object pre- vents any traveler on any such highwit,y fiorn obtaining a clearview of apreaching vehicles for a distanco (9l 300 reet, then advertising dispyays may be placed on such bul)(11ri % structure or other object irsuch displays will not further obstruct, the vision of those approach- ing the intorsection or interception, or if any such display does not project rrtorr than one foot therefrom f b') If placed in such a manner as to prevent any traveler on any highway from obtaining a clear view cif' approaching vehicles for,a distance of 500 feet along the highway. interstate and Primary.- Categories of Aotbodked Displays 40$, Notwithstanding any other provision or this chapter, no adverthitar displace shall be placed or inaintained within 560 feet frr rn thv ridsgrs of the right -of way of, and the copy of which is vfsible from, anv interstate or primary highway other than'the fallowing: (11 Directional or other official sign'S or notices that are required or authorized by law, including, but not limited to, signs pertaining to nawral wonders, scenic and historiwl, attractions, and which coni- ply with regulations which shrill be promulgated by the director relative to their lighting, size, number, spacing and such other re- quirements as mai be appropriate to implement this chapter, which regulations shah riot be inconsistent with such national standards as, may be promulgated froni time to time by thaSecretary of Transpor- tatir n of the United States pursuant to subdivision (c) of Section 131 of Title} M or the United States Code, (2) .Advertising displays advertising the sale or lease of the proper- ty upon which they are located, provided all such advertising dis•, plays withlr> feet of the edge of the right -of catty of a bonus segment shall comply with. the regulations prescribed pursuant to Sections, 7271 and 5415 f1i Advertising displays which advertise the business conducted o, services rendered or the goods produced or sold upon the proper- ty upon which the advertising display is placed, if the display is upOn the samo sine of the highway as the advertised activity; provided all such advertising displays within 660 feet of the right=of-way of it borius segment shall comply with the regulatfons prescribed pursu- ant to Sections 51, 503, acid 6;4; acid provided that such aver tising display shall be placed after January t, 1071, Ir it contains flushing, intermittent ormoving lights (except, that part necessary to give public service information such as curie, elate,' temperature, weather, or similar hiforrnation, or a tnessage center display as de fitted in paragraph F4) of this subdivislon► W:t Message center displays, provided Choy advertise the business con ductod or wrvices rendered or gook produced or sold upon the property upon which the display Is placed. A.5 used In this paragraph, message cetiter displays are displits which have a changeable roes - sago which may be changed by electronic processes or by omoto control. Sueli displays shall bre considered as advertising displays for OUTllObtZ �t7vt 1{ CiSifii AM in with all other i4 tern In ctclditi�3 ttc'iCerson shagll place such a all Purposes of this chap and certification by the utrements of this ch�iptt-r, permit rccl Until after a fin aorto constitute a hazard to message center dtsplaydoes teat apt? director that such display_ displays within 5501 feet of the All such advertising 1 with the regulations prescribed, trafric, rnent.shallcomp Y Way,Ora 'boni'!s seg 5403, and 5415' ursuant to regu- displays erected Or trrt+rit with p Polley pursuant to Sections 5�1+ (�) Advertising and not iriccsrisistont with the natith onal latio.ns of the director, of Sc;etiun 101. of Title 23 of by the Sec ittcd thereuncic;r by set Forts'► in subdivision (d psi rilg Ea give inlbrtrlc�tlan in the 'Incl the standards prr�rnul Stags 7 ansportatian, and d retary specific interest of the traveling public, not limited to, Temporary' Palilico) signs r ter, including, but Political signs 3 ;clothing this chapter, of temporary 0' shall prohibit the p placement would vlo- Section 5405, determines that such laced o and o such sign shall be p ate federalregula eral encs hway r' fee' e� vahe edg 1 Etons iowever,D vcikhtn , the right�f-was of any h`g ht•ofLL�vay of a landscaped fr Y visible From the of tical sign is a sign which: temporary p din a scheduled election' Encourages a particular, vote riot to the �eheduled elec- (b laced';not sooner than days p ib) 1s�p da. s after that blecton' 0 Y tion and -is rlon *v'(' nt 32 sttuare feet, filed with the depart' lai Is no onsibility idf Has had a stateon who resp e the department for +,viii be responsible for removing kro Ment certifying a Per',,will reimb'urs temporary political si e and who any cost incurred to remove it, $onus Segment Except Indutlrial or Commercial Zones to and abut oil camrt eroial ties, asssuch 5405. The proti>sion s of S chons 5225 and 5405 shall not apply, bonus segments which dr ricrse prated municip ali t tuber -21, 195q, wherein the use of real zones within the boundaries of ►ncarp the natiohal system of in boundaries c1 scent tt3 uncisted Ott i abutting on r. property. 1'... e highways is subject to municipal regulation or state and dofens established by std}e Bich Erav4rsG i►iid abut o ill iriess areas Where Y control, or w tembor, 2l, 1959, land use, as of Sep rovided that a�f such bonus seg e of the rtghtrof-way laws as indtrCet of thG tt dg rc►al, p sio is of Seetibh 5408, within 550 rov tr,ents shtrl[ be subject to the Er 11 menl xceplion: eessof 522 5905 shall not gid, to in peva Y seg. an be t 5`107."meats 'which lire lbcetwith section 5408 to yeptihat 9ec. rOv Sons of Sects 1pusrte5s areas and which comply to unoted commercial o industrial malty ; !; 5 05 s11611 pp tions 522f1 and 54 0Ltrj3(}C1ll ADVEAnS1hC AGC 15 areas in �vhiich the comnar3rcial or industrial activity ceases and is removed or permanently converted to other than at commercial or industrial activity, anti displays in such areas shall be removed not ng the cessation, r moval, or conversion later than five years;follawi of the conirnerciIa I or industrial activity. prohibitions Limiting Displays in Business Areas 5405. In tiddition'to thr advertising displays per►lrittcd by Section 5405 to be placed within 61M feet of the edge of the right-of-way of interstate of primary highways, advertising displtlyY conforming to the fallOwingy standards, and not in violation of any puler provision of this chatptt r, maybe placed In those locations irplaced in business areas, (a) Advertising displays shall riot be placed which exceed :1,900 square feet i11 i is with a intximuin height of 2.5 sect and a maximum length of 60 P-vit, including;border and trim, and excluding base or apron>supports and other_ structural members. This subdivision shall apply to each facing of an advertising display. The area shall be measured by the smallest square, rectangle, triangle, circlet or com- bination thereof, «Rhioh will encompass the entire advertisement, Two advertising displays not exceeding 350 square feet each may be erected in, a facing. Any advertising display lawfully in existence On August 1, i 967, which exceeds 1,200 square feet in area, and which is permitted by city or county ordinance, may be nnintained in existences (b) Advertising displays shall not be placed which are so il- luminated that they interfere with the effectiveness of, or obscure any official traffic sign, device, or, signal; not shall any advertising display IricILICIe or be illuminated by flashing, interrnitteni , or moving lights (eKccpt that part necessary to give public service information such us tirn , date,' temperature, weather, or similar _information), not shall tiny advertising display ,cause beams or 2 s of light to be directed at the traveled ways if the light is of such intensity or brit- Bance as to cause glare or to impair the vision of any driver, or to interfere with any driver's operation of'amotor vehicle, (c) Advertising displays shall riot be placed in such. a manner as to obstruct, or otherwise physically interfere with, an Official traffic sign, signal, or device or to obstruct, or physlcally interfere with, the vision of drivers in approaclifng mcrgit g , or intersecting traffic. (d) NO ativ(-ttising display shall be placed withfn 500 feet from another advertising dtsspltty on the sane side of ony portion of an interstate highway ora primary highway which is a freeway, No advertising d'Isplay shall be placed Within 500 fait of an interchange, or air intersection at grade, or a safety roadside rest area on any portion of an interstate highway or a primary highway which is a freeway incl if- the interstate or primary, highway is located outside the limits or an incorporated city anti outside the Ilinits of an urban area. No advertising display shall be placed within 300 feet from another advertising display Oil the saruc side of tiny Portion Of a portion i5 otrr c�"pit DVtA-NSt'Z; �"I + wa which is nr E ►frees;'ay if that portion of the primary primary hil:h y Shall be orated city and higl'%V� Ey is heated EOtIt ur)'a►l►area No adv ln, lis l, ypan the same Outside'.' El►e limits o placed cathri li]b feet frorrrrtra another adv+ hi h is not a freeway if Side of any portion of a hi 1rWay rs located reside t11f1 limits of all this that portion of the primary , is la s 'which are 5eparat* ' car orated city or inside; tire, clv�rtising d rpa y area. Idowevej, one' rn p 1 Ery a subdivision does not apply e.d by a building or purer Ul�strt►coon in such a manner:that on distances set forth here - 6A located within thc'r�nitlirt an spae n� k -Eo -back, or V=tyijc" rn the highwa at any one time. his subdivision shall in is 4'is►ble fro i per facing; as Per - not prevent the er c t011 `art r'ax,Mumf of tw'a signs p 1 to adverti5� ado=ertising di$i�la , 1i'A subdi�aisian cloe5;net app Y rx►itted in Sol) Ivrsron fat• � Section tion � '�. The irrinimual dist t is ink ,displays permitted by or �osite the si# ns along each sideust between sik;ns shall be rnrn ts tlreo along tie nearest edge cif thein rnent betwec lvt ti ng , p' hw ry. drs la lawfully in existence on E; tice hig which dies not conform- drm to tsiol his su �rrna n aided inbut lexis`t5 L" k1 $ CIt ar county ordinances may permitted by a of title 23 of the United States permitted by, are*a, as used in this sulsdi: rsioxa, shall be determined on in accordance w►tlr Sect►on Lq code, shall be placed 17sp1nys Beyond 660 feel d or maintained 5408'.... Col o udv Ktising drspla}° located outside cC an ant] Eii�iil feet from the edge of n c dispL � �s o of an interstatedof, bey lri hc��Rty if such ado ertrst g primary K anion of ;1n urban arca that r5 not urban errs or Within that p sag e nein rend from Such arca, a,isvisibly Crom t ie malum s'el d w`ay ofsuch hlght�•ay� lyusi►1es ur ose of its and is placed with the, p p laced main ithin traveled ivay, tin 1esla sch� rl ittt'd by sectionr .4,05 to b e placed One of the classes of tlisp y � Such display MaY be onion ofirn urban arca that is also rti�itliin �iCiq fret from the eclgc of such highway, placccl or, maintained within the p a business area if such display conn 408 the criker'irr far site, n the iitg and liglitin set forth in ec and ad �ertisi nt; display which c�,� lawrully. in existence o _ this section. shall not be rctltrirc tie trffectivd (latex of the enact went of this soetion, but which rs not Pay contorttr Ery the prev151C5Trs r,. it array remain tcrnavecl u►ltl'�atluury 1, Lggq. Lf federal law I-eclt1Yes the State and until ju st carnpensatrnn ks pal for re-Ijusc:prt�pen 'tion far' the ere oval of ar�y sE►ch display, in place3 rafternnuary area so its r�5nlnvnl pursuant kc) Scotian 541?tin fc} Vor purposes of this �vlth the Provisions of S� E1et15LUL of Title designated rn. accorelance ref the United St(kies Code, Mk OUTDOOR AD" L, i VISINQ ACIP 17 Displayt on Bus Shelters or BenCh&s 040$,5, 1n addition to the advertising displays permitted by Sec- tions 1405 and 5408, advertising displays lo6fxted on bus passenger shelter's or Tenches and conforming to tlte fatilowIng standards may be placed on or adjacent to a. Highway; (a) The advertising display may not be within. 660 feet of and visible from any federal -aid interstate or primary highway. (b) The advertising display shall meet traffic safety standards of the public entity having operationail authority over the highway. These standards may include provisions requiring, a finding and cer- tification by an appropriate official that (he proposed advertising display dues not constitute a hazard to traffic, (c) Bus passenger shelters or beticherr with advertising displays may only be placed at approved passengt,r loading areas. (d) flus passenger shelters or benches with advertising displays may only be placed in accordant- with a per rrlit or agreement with the public entity having operatiot,al authorityover tht, highway adjat cent to where, or upon which, the advertising display is to be placed. (e) Any adve, tiling display on bus passonger shelters or benches may not extend beyond the exterior limits of the shelter or bench, (1) There may not be more than two advertising displays on any bus passenger shelter,. (g) advertising displays ilaced on bus passenger shelters Or benOtes pursuant to a permit or agreernen t with a local public entity shall not be subject tc thO state permit requirements specified in Article 6 (commencing with Section 5050), Removal., Pena/ty Segments 5410, Any advertising displaylocated within 660 feet of the edge of the right-of-way of, and the copy of which is visible from, any' penalty segment, or any Bonus segment describer; ri Section 5405 which display was lawfully maintained in existence on the effective date of this section but which wasnot on that date in conformity with the provisions refthis article, bray be mainrained, and shall riot be rerluirod to be removed until July 1, 10x0, Aj►y other sigh which is lawful when erected,, but which floes not ort .January 1, 1965, or any time thereafter, conform to the provisions of thin article, may be maintained, and. shall not bo required to be removed, until the enc of the fifth year after it becomes nonconforining; provided that this section shall not apply to advertising displays adjacent to a land- scaped rreeway: JOs% Cohrpensaiion $412, Notwithstatnding tiny other provision of this chapter, no ,advertising display which was lawfully orected anywhere within this state shall be compelledto be removed, -nor shall its customary mtun- tenance or use be hrnited, whother or not the removal or limitation is pursuant to or because d this chapter bt any ether law, ordinance, or regulation of arty governmental, entity, without payment, of cam. 1{l (atl'1'IyC)Oli ADVERTISING ACT pensation, as defined In the Eminent Domain Lav (Title 7 (corn- mencing with Section 1230,010) of fart 3 of the Code of Civil Proce- dure), except as provided in Sections 5412.1, 5412.2, and 5412.3, The compensation shall be paid to'the owner or owners of the advertising display and the owner or owners of the land upon which, the display Is located, This section applies to all displays which were lawfully erected in compliance with state laws and local ordinances in effect when the displayswere erected if the displays were, in existence on November p, Jg'r$, or lawfully erected after November 6, 1978, regardless of tivhethcr. the displays have become nonconforming or have been provided an amortization period, This section does not apply to on- premise displays as sf ccified in Section 5272 or to displays which are relocated by mutual tagrecment between the display owner and the local entity, ,,,Relocation," as used in this section, includes removal of a display and construction of a new display to substitute for the display' removed. It is a policy of this- state to encourage local entities an display owners to enter into relocation agreements which allow local entities to continue development In a planned mariner without expenditure of public funds while allowing the continued maintenance of private investment- and a medium of public communication. Cities, counties, cities and counties, and all otherlocal entities are specifically empow- ered to enter into relocation agreements on whatever terms are agrecable to the display owner and the city, county, city and county, or, other local entity, t4cw (,hapter 454, Statutes 1%4 repealed and added Section $412 And ridded Sections 5412.1, $412.9, 5412.3, and 5412.4 to the Business and Professions Code, Section I or Chapter 494, Whites 082, provides: SFrr rio.N 1. The 1 egislaturo rinds that it is iiithe public interest that con, ihtent statrwid e standards be established Cor laws, ordinances, and regulations governing the retnovall;or lawfully erected outdoor. adertising displays. This Uniformity will elimi ;rate the uncertainty concerning the validity of iemaval erforts by local entities, prryvldr5 a mcchpnisin for local entities to adopt effective removal and relocation Programs, establish standards which will allow private owners to operate without the imposition or ditterent renloval requirements in each Jurisdialwi and will eliniinate the rnultitude or expensive and tient-consuming lawsuits hardening local entitles, duplay and property owners, at,d the Judicial system. In order to study and develop statewide standards, the Governor's outdoor Advcr= tesink C amrnittee (vas established m and, after extensive study, recomet dtd the; statu- tory, arnendinettts contained in this at:t, )?emd vol Without tbmpenaotlon 5412,1. city, county, ar city and county, whose ordinances or regulations are other>vlse in ;frill compliance with Section 5419,'s not I ,in violation of that section if the entity elects to require the removal ; Ntghout compensation of any display which meets all the rbllowing redulrtntr„�nts: (a) Tho dist)Jay is located Mthin nn area shown as residential on a lt5r tt1 ltencral plan tis of either the date tin ordinttnct; Or regulr tion VAN' 19 0trrpo 0R ADvGRrtStNrC oratc5 the applicable to the arca �'hich'naorp lie comes far residential use ,s enacted o i this section. coned ted or provisions byplay is located within area ' f the h ieh the removal requixcrrtent is adopted fb) the date on wh the edge . either ori yiteable to the rea. E60feet from its copy visible becomes apl; la is riot located within highway with 650 feet from (cl The (lisp Y, rimary iic end highWaY with riKht'ofrway of ant rite st pl or p primary is laced ar ntatntained Y , in traveled ways from. the highway .ht-of-way of an interstate ° the ma a of the rig e being read from 1 11 the edg a district whose urease of its rness� greguired to be re eclr�lr�rtir► se of an over- khe p -rhe display, is n other sp fid) (--Ombtning zone, ori al or eatttrol of sign`�'for the period of lay zon,. t ' oSa is the rem merit after Janu= rimary p'irp ' is allowed tri renyain in exis Ana bringa p tel Tho d e► r��i after the enactm nt or rs elation 'neck ssary to 5412, t{�� sek forth ordinance deo p iance With Section ar} 1, 19&3" of nTema ral into uiremenk. - re ulr no Ce of the Te1r,ovttl reel \4inirxrurYr years et tity AAlowecl er gt"ing on Date of Notice 4 ntr %garket Val" e uirement 2 oval R Ir,o 0 f Rem- 9 „.......... . r .................. under 1� „ r, 1 `. ,.n 5 V2,0M to '31g 4 6 (_MMR�, {. rr �L.^, Yil !1 .I.r (0 to ,w� ' rt ` + 1, rr. 414 ''r to X7,,99 ,.... .,... SFit $g J99 rrlr,ll ,,,1,.«.., each ane- to /.� �•' 1 �7Jf and over Iran. , rlri .. 1. of 1. 4eY.11.1:.1 UStI-%d r„6, 60 es iii building n this section sha he Mang erce '1 he amounts provided i e artment of Garrtrrr- 1 , In aCCOrd tate w sTy 1. afterltuivarY " t!te United States Qts, eosin a5 indicated in ort Construction composite Cost index f rfcallurdl MOW dlattong. oratad nd natxnry, whast ordinan is not in violation Kamavol in inrorPar. city' a ```ll2" ctky oval �vr 51112.2. liar►ce'tvitlt Secttu; e the rem re wire• are other+,vise in full e em t t OleCts torequire s all the following of that section f the is y 4 eornp tns�tion of rrnY ncorparated area shown as rrtentst is located within ani which Tire disptay et�eral `plan as 0 ei 1 cabs er tithe aroosimanc. ,a) cal ,,,,Cultural on ale or become ctianr tis aiteraluse elation is=nacted rice ted or or reg provision of this at doe incorporates they the, removal requ1Yctnen l� i5lncated within. an area toned for ag tbl The cusp Y , e of the either ori the date on which t vlsiUle to the tirct+� feet from the edge t1 liable hi hway with its colfeet {rtotn laecomes pp 1a is rtcik loca0, Withill, hi and 650 with iel 71te display primary hi hway I of an lrttcrsta�laeetl or maintained bey right`or- hip, nor is l interstate ar primary g from hrvay,ht=afywtty of art the edge of the rig 20 filtrTD'OOR ADvr:nTrSINC At'"w' the 1 p T «y ge being f 1tt,(z't'7,l e5 1i lits r5 110tjrequ red td be re flanovcir. In. m traveled Way„ i ane, carr►binirt� cine, nr any othe," special zettu7g distr ct whose Primary ,4�trrl)ose is the removal (a) The display is alor control of signs,lowed to remain in eYstenae:for the period of time set Forth below after the enactment or arnenrfxnentafter Jan � 'try 1, 1983, or any ordinance or. r � nee entity requiring rernoval into cotrt lia Ccnrvifhassar ono 2g the y after giving notice or the removal requirertxent, l flair Market Value on Lute, of Nnt' i of 1,10moval fiequirernent Minimum Y Under ,$1,99F). Allowedears /« k........ 52,OD0 to 13,at)iilw k,.,.. „ , . ,. !W,tx)o to •$5,999.. ,11.1..1.,... 3 $6,000 to ��7,cJJc,l ........ 4 5t3,t?00 to g c c , 5 «999111 « 5 S'1D,bOn and over ....................... r..i.,,,i., ,rk•l.W. «4.. Tlaa rrrrso- —13 14X9 in ided in this section shall be adjusted each ary11, a!"te,' anuar { ch rams.- costs as andtcaAccordance Nvith the chqj "teei in the. United Staten beprtr merit �fsCo,iii�lerc C ornposite Cost Index :for Construction Gants, e Remo in Unlncorpohlted Aroor R 54 r2 3 A county whose ordinances ar in full Cornr)lrttnoG With Seetion 5412, is not in violation of that regulations etre otherwise if the,cot,gty crlc�efs to require the remov,,il Without any display which meets all the f`ellowitig regtt emcnpensatio» of (a)� The display is located within an unincor agr,cultural o,n tt local or regulation is entrot�dnoral Plulrr state lin al the datc1an ord►fiance incorporates the provisions or this scctta�. applicable to the area Which (b) �`nthesplttytslocatedwith3rranaret�zont�dl�oragricultural either`on the date art which the roman tial i{etlutfernent is adopted or becotnos aMieable to the :area. tOr ht The display is nter's loeu�tcd within 666 rest rronl the edge or the .right oCrt►' ofart�,nterst�Ee,c �1 �r"rr,ar higlnva Trona thee, 11r hrvtt nor is s 0 Primary with its copy visible /y / the edge ofhe right-nCrralyofan inri,a,nttti�ncd beyond 6601 feet rrom A ttito the purpose of itr tnt�ssage being readsfrota �therrnaii hi r tdl The displays t�tot ireclnlrr�d to be rc y t,hway wt'ith �un trttVelt;d way, lay zone, comlaltrtrti; Mine, tit An « moved because orran ever prirnrtry ptrrp050 Is tho removal or control of Zoning Tel 7"lac display 15 allowed tr, remain in ext . _ district whose stereo for the Period of time set rertla bclow anter thO adoption or arr,aMdt3�eht once �atauttry 1, 193 , itl any erdfiI. Mco or re�;ulutiora neccrien to bringC requiring removal itttr� corrmpllataGe rvtth lScctian 5L2, and aftervw ing notice of the rentorral rciuirc,►rrcnt: he tint;@y OUTDOOR ADV811"'tSING Ar,r 21 Valr Market Value on. Date of Notice Minimum Years of Removal Requirement Allowed Undor $7,,909 ......... . .. . . , ....... 3.0 $2,000 to $3,999-- ............................ 4.5' ,$4,000 to ,$5,999,.,, ... ......... .......:.. .... .:........... _ , 6.0 $6,t`J0 lra $7,999., ........... ... , ... 7,5 $8,000 tar ,$0,9999 Y... ,.,,...... 9.0 $10,000 and over ................:. 10.5' The niourats provided in this section shall be adjusted each Janu- ary 1 aftoe january 1, 19M, in accordance'with the changes in building costs, its indicated in the United States Department of Commerce Composite Bost Index for Construction Costs, Comtpensallori Where Cases Commenced Prior' to January 1, 5412.4. Section 5412 shall not be applied in arty judicial proceed- Ing which was filed and served by any city, county, or city and county prior. to Janul►ry 1, 1982, except that Section 5412 shall be applied in litigation. to prohibit the removal without compensation of any ad- vertising display located within 650 feet from the edge oftherigl t -of- - Llemy,interstate or primary highway with its copy visiblo from lalghwayortinytadvertising display placed or nairttnined beyond Cef et rats from the edge of the right-of4ay of an interstate or primary highway that is placed with the purpose of its message being read' .from the main traveled way of the highway, Negoii0#0n tor Compen, sat air .5413. Prior to commencing judicial proceedings to compel the removal orate advertising diisplay,.the director may elect fbijogotiate with the parson entitled to Compensation. in order to arrive at an agroernont as to the arnount of compensation to be paid. If the negotiations are unsuccessful, or if the; director elects not to engage in negotiations, a civil proceeding may be instituted ass set forth in Section 5414. To facilitate the negotiations, th.e Cepartrnent of Transporiatiori Shaul prepare a valuation schedule for each of the various types or advr.„rtising displays based on all applicable data, The schedule shall be, updated at least once every two years, The schedule shall be made: available: to any public entity requesting a. copy, Cogal Action to Determine Campensafion $414. Procavdings to compel the rernuval ofdisplays and to deter- mine the cornponsation required by this chapter shall be conducted pursuant to Title 7 (commencing with ,Section 12,''0,010) of Fart 3 or the Code of Civil Procedure 0epdHmentd1 Regrtlallons: Interstate and primary Highways 5415. The director shall prescribe and ehrorco regulations for the erection and Marinteii ante of advertising tl splatys penllitted by'Sec. 22 ()tj't i)ooli ADVCRTIS1N nt-i' Lions 5226, 54115, turd 5,1£18 + ollsistent with Section 131: rel',1'1tle 23 of the hereon - United States Code and tliR, national stand rovirdg ded,ro itllt! thetod director. der by the Secretary of Ir,1ns c)rtaton; [� shall not prescribe regulationsimposing stricter reguirt me►its ,for the size, spacing; or lighting of advertising displays than are prescribed by Section 5408 and provided that the director shall not prescrib regulations to conform to changes in federal law or regulations mads after loueniber 8, if)h'7, wizpout prior legislativertpproval, tiotwithstanding.apy other provisions of this chapter, no outdoor g Y , ate advertising shall be p1tAr'ed or maiut fined adjacent to any #niers highway or primary l)ii;hwa in violation of the t)ational Stan, ards promulgated iyursuant, lc) subsections (c) and (f) cal Section 131 of Title M or they united States Code, as such standards existed ori ;November g, :16167. Agreetnenls wish Unlled Stvtes 7416. The director shall seek, and may, enter into, al;reements with. the Secretary of Transportation or the United States and shall take such steps as may be necessary from time to time to obtain, and may accept, any allotment of funds as provided by subdivision 0) of" Section 131 of Title 23 of the United. States Code, as attended from time to time, and such steps as may be necessary from time to to obtain funds allotted pursuant to Section 151 for the purpose or raying the 75 percent rederal share of the compensation required by _ - subdivision (g) of Section 131 of T tle 23 of the United States Code, Allocation of Funds for Compensation '3417, From state funds appropriated by the Legislature for such ;purposes and from federal rands made available rot such p urposes, tho Ca ffornitt'Transportation Commission may nitocate rands to the director for payment of cornpensatton authorized by this chapter. Stale Share of ConipEnsallon 541c3. `1`he California Transportation Commission is authorized to ate allooate surficient rands rronl the State l ighNvay Actlounk i Ueh purposes to Transportation Fund that are available for capital outlay p p match federal funds made available for the removal or aultloar ,id vertising displays, priorlh`es for Rgmovd1 of _CoYnpensoble N'onconfor iling Dlsplay'i Sd18,1. When allocatingl'unds Pursuant to Se4tion. 5918, the eanx-- rnission shall consider, and,may designate Cor expenditure, till or ariy part of such minds in accordance the following timer or priorities for removal or those outdoor advertising displays for which conipen- sation is provided pursuant to Section $412: (a) Hardship Sltuatforis involving outdoor dvcrtising displays located adjacent to highways �vltleh are, included Within the state Genic higliwaY sysketri, lllcluding those nonconformin outdoor ad- vertis ng dist>lays which are orrerocl rot immediate rotnoval by the owners thcreor; j 'G ACT Cb) .Clrn°cl5hip silurttions involving outdoor a(.t:vertisi►)g displays located acljaetttt kroI her lg (1 s la'�lwhich rewUM }offered ifor removal by the outdoor ativcrt}sins, . p y own0m thereof, (c) yonconfortning outdoor advertising displays locsikoc} adjacent to highways which are }ricCuded within the AOtc seonic highway syste m. Nonconforming outdoor advertising displays will are getter rally t►s�I for product advertising, and which are located in unincor- porated areas. (e) 'Nonconforming outdoor advertising displayswhich tire goner - ally use+cl for product advertising advertising orporated areas, display5located, within cwhi h are gener- tfl �lryticonfor g ally usc'rl for non -motorist -oriented direction,,! advcrtising� tglict►icotiforrnirtg outdoor ad�'ertising displays whieh ►are gpner" ally u!,►'cl for motorist -related directional. advertising, Agr©arnonl with United Slates ,M, (a) The director shall seek agreement with the Secretary '� ofTr;ttisporkation of the United states, or ;his succ'cssor, gander roJ- cions or section 131 of Title M of the United Stares'Code, to provide for efCc.ct►ve control of outdoor advertising substantially as set forth herein, provided that such agreement prtt indust al areavary and " ass et the forth eln nation ►if "`un'/.oned commtt As set sec ecitt aL22232 2p5 J, orthe dofinitiorl other scctionsorela ted'th thereto, d provided ss area in Sects►tn 52 [ ] furthrt• Ehat if such agreement dues vary [ram such sections it shall not b, c�ffcetivc until the Legislature by statute amends the sections to collfortn With tho e twns of the agreement. If agreement is reached on those tprrns, that director shall execute the agreement on behalf of the state. Cls) In the event an agreement cannot be achieved cinder subdivi. cion (til , the director shall ion Prom opf Seinstitute c ion 131f Tftle 2 proceedings the proviclod for in subdi is ( ) Status t:ocic, in order to obtain a judicial determ nation. n e provide this 011, 0 and the regulations sing lgated thoreu.is sot forth there status, I In such, effectivcs control of outdoor aetio�n the director shtill, rcclucst that the court declare rights, talus, :incl rilhc1r legal rotations and declare w}ietlter the stand, criteria, and dofinitions contained in the agreeinent proposed by the director. ,irc� coats}sunt with customary use. if such agreement is held by the et ti.rl' ill it final judgment to be invalid in whole Or in part tis inconsist= ent with custorntiry use or as otherwise in ctl►lflict with Section 131 t f `t"ItIC'tc�L with e, United ice SecrStUiof T��risi� o}rtad%n�oort til t1sttc� ssolr�ta iiet,oli t t1c�w tt}trc'c"iunt or agrecniettks which shall conform to this chapters its itrtt�rlirr;.trid by the court ill, Such ',action, _ OIiI'l)OUn VGR'TISi�iG ACT 24 andseaped Freeways Ar€;e1t L 441 and 5442, nd adve,&150 ed Freeways Sections 5 Petty adjoin:« Landscap l,xcept as provided in advertisifiig 5440. laced or maintained on P d if the shall be Placed been landscape �cr5ons tt, oil on ing display, a which has arily Y I section of a freeway be viewed prim freewaY- is designed a landscaped display of the the m04ri-traveled Way or heret+ftrr V ns which is now' to iernoval Removal 03 Structures, 9 lay, SO)) 'Ct X140 shall be ' declared a ]and° Any advC1E►sing• ctiov has 1 a'Or► an the 544E viols tion f be ' re, designee a bec(jmcst in the date the the directors free',v;iy to a cars from the director cr ed from► a three Y has been- Chang scaped free��' the freeway character of adVer, I,utdseaped freeway l to any lions coon 5440 shall not fjpp Sed exclusively: ExceP� 'The provisions of See', display upon rvhieh such. 544L, or sign if the ' • proper l sing structure antof theprem- �u;) 'Co advertise placed, ,o ►se downror occup j - tify such display )laceda or to adverEnate the name of Misplay sI 0)) To dhi h,such advettising or services iscs 1,rl)on man, ch or produced, display Is prertr���f�s• Dods' cn which such advertising 'To advertise g rnt t! �reda rap y t, on the p ert placed• county froj Z'oninS po wers yrdhibit ia} any las may County • in this artrClc shat whish advertising d s g ore i- 443. tiothsng tones Yn land use or the districts or ' county Into `? xelola deslgndtir g rclribited as part of a Ecom ente xolacatad display be placed or parry goyerntnentnl efitity ,f the fonds as p 5412 rovided e or ib t to Section h► hw'ay nanc + ent pursues iil f�*deea'I aidY g de ox an increase in Tian agreem reduction Ut�ite� States Co Uf a governmental would not caustlf,Tikle'L- of the t 'urisdi 'tion las S Eo the provisioiis'of thisrtiele, ,t e number 1of displays nfor n to J 'tlrC does nuti G`�1(lfottn allies entity r;�hich 1. rticle 9. CrinlC`fy and T?en or cause Using pdi ced, la lace . advertising spla}{ trespass erSon top ` g45C , It is unlawful for any triiiitituinerl. any r cause to 100'r 0 �erin�ission of the oW'� or or lessee of the property or to nYaintaln o disi�l�y ►s without the lawful 1hick exist in upon which he adverKsirt:g c lueed or W and Nutartces rhsplaYs whichr o public nuisances ` MI dclvortlsino . ' 5461. is chat irovisiot1 of this viojulion of the 1 OUTDOOR ~Dva-;tintiYNOAtm 25 may be removed by any public employco as further provided in this chapter, Violations Revocation and Removal 5953. The director may revoke any licerlso, or permit for the fail= tireto comply with the provisions of this chapter and may remove and destroy any udvertising clisplay placed or maintained in violation of this chapter after 10 days" written notice posted on such structure �0 sign and ccopy forwarded by mail to llrc display owner at his last Notwithstanding any other provision of this ch' apter the director or any authorized ermpinyee May surnn1,tr'ily and without notice remove and destroy any advertising display placed in violation of this chapter which is temporary in nature beet, of the materials of which it is wilstructed or because of the nattjke of the copy thereon, For the Purpose of removing or destroying any advertising display placed in violation of the provisfons of this chapter, the director or his authorized agent tray enter -upon private property. Peno//y 5464. Every personas principal, agent or employee, violating any of the provisions of this chapter is guilty of a misdemeanor, Remedies 5965. The remedies provided In. this chaptor for the removal of illegal advertising displays are cumulative and .not exclusive or any otltcr remedies provided by law, Artiele 10, Ttet�eraue Feta 5950. I'lte fees for licenses and permits prescribed by this chapter r are in lieu of all tether 800iso and permit fees require:( by the laws of the stat° air of any political subdivision thereof for the privilege of engaging In the outdoor advertising business orplacing advertising ! display within view of the public highways in unfneorporated areas, Deposit of fees 5951. All license and permit teres collected by the director and his or her authorized agents in ticcordanoe' With the provisions or this chapter shall be deposited in the State kIighway ACcourit in Ehe State Transport laund, except that 20 pearrent ofall fees oolleI b county clerks appointed by the director shall be retained by tilt; county in which the Fees are Collected. All money received try the state from the Ullited,States purst ant to subsection (c) 01'8ectfon 141 of Title 2.3 of the United States Code shrill be deposited in the same account. All license and permit feos shall bri accounted for by the director In the mannet~ provided; by law. 26 OUTDOOR ADVERT1$t1+7Ci ACT Fines 5482. Al. Eines imposed and recovered antler this chapter are payable to the State Treasurer to, the Stater i iighway Account in the State Transportation Fund, Adminislralive Expenses 5483, The expense of .administering this chapter is under the, control of the director, Money in the State Highway Account in the State Transportation Fund shall be available fpr the administration and enforcement of this chapter upon appropriation by the egisla- sure or whets made available pursuant to Section 13322 of the Gov- ernment (lode. ,License Fee 5484, `ftc license fee is one hundred thirty dollars ($130) ,for an original license anal for each annual renewal thereof, except where the applicant has engaged in the business of outdoor advertising without a valid unrevoked and unexpired. the fe ped lE t.�ense e .for any issuance of the first license thereafter is one hundred ninety-five dollars ($195), one-third of which is the penalty. permit Fee 54855, (a) The permit fee for each advertising sign is fifty cents (,50.50) for an originel permit and for each annual renewal thereof, except where the .applicant has placed or maintained the sign with out a valid, unrevoked, and unexpired permittherefor, the fee for. any issuance of the first permit thereafter is one dollar and fifty cents ($1.50), one dollar ($I) of which is the penalty, (b) The permit fey for an advertising structure for the originaa permit and for each hnnual renewal thereof Is ten dollars _($10), except where the applicant has placed or maintained the structure j. without a valid, unrevoked, and ;unexpired permit therefor, the fee for any issuance of the first' permit thereafter is twenky dollars ($20), tet, dollars (x$10), of which is the penalty, Application Fee 5486. In addition to the fres set forth in Section 5485, no applica tion for an original permit to place an advertising structure shall be accepted by the department unless it is 'also accompanied by an application, fee of thirty dollars (�$30), The application fee skall be r:taned by the department whether or not a. permit is issued. An applicat?t may-etluest a preliminary determination as to y; whether a pr-)posed structure and location would be legally eligible for a state permit upon submission or a fee or thirty dollars ($30), which is in addition to the thirty-dollar ($30) foe required tit the time the application for an original permit is Submitted. liRrrinrlcdr¢rnlc Mn�rarFtdn lij• . r:1�WiMt�ar�'tt`i;wYe7et+:hiy!ii1Ki: 7KyiV'-9j1 4 M o51` sin +' NOV 21 1966 Section 20-05.708 Discontinuance of Nonconforming Uses Orovilh; California A nonconforming use shall be permanently discontinued and abated or brought into conformity with the regulations of the zoning district in which t �" it i�a nonconforming use shall be deemed to have ceased when it has been discont Cessation of Use; As used in this section rru:1,, either temporarily or per- - Manently, whether or not the discontuanee was with the intent to abandon such uses f I (a) A nonconforming use of a structure shall not be resumed when the non- conforming use has ceased for six (6) consecutive months or more. (b`) A nonconforming use of land not involvi11 ng any structure, except accessory structures such as, but not limited to, fences, driveways, parking areas or signs, or minor buildings less than 400 square feet in area, shall not n be resumed after such use has ceased. A Section 20-05.709 Replacement of Damagedor'Destroyed Nonconforming Structures- Any nonconforming structure damaged to fifty y per cent (50%) or more of its i current market value by fire, flood, explosion, wind, earthquake, war, ;riot, or other calamity or act of God, shall not be restored or reconstructed except in conformity with the applicable requirements of the zoning district in which it is situated; if such structure is less than fifty per centy (50%) damaged, it may be restored, reconstructed, and used as before; provided such restoration is initiated within six (6) months, and is substantially completed' within twelve (12) months,'After the date such damage occurred. As used in this section, "current market value" means the market value o'f' the structure immediately prior to the occurrence of the damage. For purposes of administering the provisions of this section, the City's Building Official ' shall make the determination of the "current market value" of a damaged struc- tore, which determination shall be final unless a provisions of this code; appealed in accordance with the eal Settior 710' Repairs to Nonconforming Structures 20-05, g ucures n Repairs and mairntenance work as may be required to keep a noncanforming structure in sound condition may be made, provided no structural repairs or alterations shall be made except such as are required by law or as may be author=ized under section 20405:709 of this article: Exception.- (a) xception:(a) Where a single-family residence; or an accessory building thereto, is nonconforming only by reason of of substandard yards, the provisions of this section shall not apply•, provided, however, any structural alteration of any such nohconfOrming structure shall not increase the degree of nonconformity, and any enlargements shall observe the yard g requirements of the tohing district in which the structure is situated+ -1�0- MCiNTURFF, 'UI' CONsuL-rANT ON ENVJM0NMIENT^L APPAIms BOX 24.6. ROUTE 2 ff STEVENSVILLE, MARYLAND 21666: % (j V (202) 783.2026 V � M E M O R A N D U M V J�� TC_ All OAAA Members and Attorney FROM:: George F. Mclnturff, ITI IL DATE: May 16, 1985, RE AWARD OF ATTORNEY'S FEES The possibility that they may have to pay substantial amounts of city funds in attorney's fees should ac as a deterrent to city officials considering a highly restrictive or prohibitive sign ordinance. There have been a number of cases wherein our members have been awarded substantial sums as a result of winning court bases involving -ordinances. Ackerley. Communications„ Inc. V - - _ City of Salem, Oregon and County ;of Multnomah In a: decision filed Janua 30, 1985 the U.S. Court of A eals Ninth' 'y PP , Circuit, overturned the district court's decision which had denied the award of attorney's fees to Ackerley. The district court had found that, „special circumstances exist that renddi, such an award unjust." The district court based this on four considerations,. First, it determined that appellant's primary mativation'in bringing suit was financial gain, rather than an attempt to Vindicate First Amendment rights. "Tht First Amendment claim was a means for the plaintiff, not an end." Secondly, the 'district court reasoned that because appellant would have "retained competent counsel and initiated this action without the prospect of an attorney's fee, a fee award in this case would not further the statutory purpose of section 1988 "to enable private citizens who could otherwise not afford to vindicate their civil rights to do o." 77 The Mnth Cit'ruit rejected both of these argumentso tt,��,r►, to • ti8etY+ nq (Continued on next page), 2 194 tr8tl rb D b, 44 r r. Page Two The third factor cited by the district court in denying a fee award is that Th ninvalidation of the ordinances primarily benefits the plaintiff." The Ninth Circuit, rejected this, stating: "The fact that the party who initi2.ted the ,action is the primary beneficiary of its own success is not, however, a valid reason for denying fees under section 1988."' Finally, the district court concluded that the balanceof equitiesand requ atdfora hardship a fee award would impose favored denying appel lanThe ,.ourt determined that undoubtedly strategies would have n attorney's fees. t end changed somewhat had thtiiffrsneffortsdants alGovernmentalistically pentitiesashould not up paying .for the plain (sic) by the threat of attorney's fees." intimidated in their functionings ,. decision says this; Tne Ninth de, ted an award of attorney's fees is essential "As we have previously no _ r to effectuate the congressional purpose of encouraging future constitutional litigation in similiar circumstances. Attorney s fee's under Section 1988 are thus not only an added burden to, encourage voluntary,complianoe, but an entitlement to a prevailing Which encourages and facilitates access to the courts. vernmental party ur ose of -influencing g 1988 was enacted for the very P P ns." entities to make thoughtful efforts to avoid civil tights volatio the district court's decision Was reversed and remanded and the court directed to,grant a reasonable fee. C & U Poster Adyert'isinB._Cc. V Cites of Champaign, I11. Champaign and Urbana enacted ordinances in the 1970which banned the 's erection. of off p. � s. remises advertisingbillboards and painted 'bulletin C & 0 poster filed, civil rights actions aga nstlegislatibn uh citiesnThe def�caseb Were 1983 challenging the validity of the antign, consolidated for trial: In 'January 198u, the Champaign County Circuit Court held that the ditiest ordinances mere unconstitutional in violation of the First Amendment right ff s of plaintiff and its advertisers: The court ruled that plaintiwas a arty entitled to an award of attorney fees and costs under ,prevailingattorney fees of i�2�1 � 765 against p 42 U.S.C. 1988. Plaintiff was awarded a expenses Champaign and $27;579 g ana g's well as s9, Against i�rb 264 in litigation against both cities. (Cantinued on next page) Page Three Gannett Outdoor v. City of Poway This suit,; in U.S. District Court, Southern District of California alleged violationsofthe First, Fifth and Fourteenth Amendments, and the Federal Civil Rights Act, 42 U.S.C. Sections 1983, 1985(3), 1986 and 1988. Gannett owned two lawfully erected structures withinthe city. The city enacted an.ordinance ,providing that no off= -site signs could be erected in the city, and existing signs were to be removed without compensation. The city thereafter embarked on a reprehensible program of harassment of Gannett and its lessors, including threats and blackmail of the lessors, and the actual destruction of one structure. Gannett sued, asking for injunctive reliefs and actual and punitive damages. The natter was settled when the city ;agreed to: 1. Pay Gannett $41,700, their cost of reconstructing the destroyed structure, their legal costs and attorney's fees 2. Pay compensation if either of Gannett's signs is acquired. 3: Cease harassment of Gannettls lessors. Metromedia,__ Inc. v City of San Diego On Mauch 31, 1983, in the granddaddy ;of all attorney's fees awards cases, Superior Court Judge jack ° R. Levitt awarded a total of $500,0000 to Metromedia and Gannett Outdoor Co. Inc. of Southern California. I cannot stress too strongly the value of possible attorney's fees awards in convincing city officials to take a reasonable approach to 6ign ordinances. We have copies of the court orders in the above cases. If you heed them, let me know. * - ire►"if�t , �, ,Y :,• .'.'.. ✓✓ave'' 23 198$ SM, CA K No. 'E6-OQ"56p HARRIS COUNTY OUTDOOR ADVERTISING § IN THE DISTRICT COURT OF ASSOCIATION, on. behalf of :itself § .to` I L E D and i.ts members,_ GANNETT OUTDOOR § RAY HARDY CO. OF TEXAS; J. -R. POSTERS, INC.; § District Clezk KELLY OUTDOOR ADVERTISING, INC.; § SZGIZAD, INC'. HARKSCO'; TRANS -STATE § OCT 2.9 1985 OUTDOOR ADVERTISING COMPANY, INC. § NATIONAL ADVERTISING COMPANY; 4-D § Harris County, Texas GRAPHICS, INC'. ; MADDISON AND § '/ ASSOCIATES, INC..; SUM.KIT OUTDOOR, INC.; U . S . AD';: STERLING OUTDOOR •t § ff ADVERTISING, INC., FETZER AND HOWARD SIGN COMPANY; HAGER§ HARRIS COUNTY, TEXAS OUTDOOR, ADVERTISING' CORPORATITION;- STEFFEK `OUTDOOR_ ADVERTISING F PATRICK MEDIA GROUP OF §' HOUSTON, INC.: § § C L X17 ` :. t. CITY OF :HOUSTON, 'TEXAS; MUNICIPAL " § rl� OBJ; HOARD ON SIGN CONTROL- OF THE CITY § OF HOUSTON, and i.ts membe-rsbeing sued in their. official' capaciai.es, r ,•! ...��,f RALPH ANDERSON, RICHARD $ASDEZ3, §. �•��•�<we �.mii SAM' STEWART ; ELAINE WOODS:, and RALPH MARKS, RONALD HUDSON, being sued in his official § capacity` as' the HOUSTON SIGN § ADMINISTRATOR; and OF TEXAS 281st JUDICIAL `DISRICT FINAL JUDGMENT On the 21st day of. October, 1986 r there. came on for trial lf7 Cry the above -entitled. and numbered. cause.` The Farris County Outdoor Advertising As�socia.ton, and its individual members, Plaintiffs, L-nin. person and by attorney, of record appeared and announced ready C7 y on, the Municipal 'Board on Sign C� for trial. The Cit of Houston, Control of 'the City of Houston and. its members in their official. capacities, Ronald 'Audsan in his off'cial capacity as the. Houston Sign Administrator and the State of TeXas, Defendants, appeared by attorney of record: and announced ready for.'. trial... No party ` having requested a jury, the case proceeded to tri31 to the Court.; After con ider'ing the evidence and ;arguments of counsel it appears to, the Court that it should enter` a judgment for the Plaintiffs.; Accord .ngly, the Cc'urt hereby �ECLAkFS - t' GIRDERS, ADJUDGES AND that A. the provision of Chaptez 46 of the Houston Uniform Building Code, ("Houston Sign Code.") requiring sign companies to bring nonconforming signs into compliance with its height,, location and size limitations (§4605 (e) I2) (iv?) does not. apply to- advertising structures! Plaintiffs'- outdoor ("signs".) located along: -the- federal primary and intersta e highway system and within -six hundred and sixty ,feet of the nearest ed.gd• of the right--of-way and visibl:e from the main traveled way of the- system ("Federal High aay Signs") ; t 1 s , B. the iiovston `Sign Code's prohibition on the issuance of new Construction permits for. off -premise signs [54612(b)]' doe not apply to construction permits; for new off --premise signs in commercial and industrial. areas located' along the federal. primary and: interstate highway system, and'with:in si:x hundred and sixty feet_ of the. nearest edge of the right-of-way and visible: from the main traveled' way of the system; and. - C.. the Houston Sign Code's provision which includes cutouts " in determining aL sign's face size [§4609 (f)) does riot apply to Federal H,g,hWa yL Sg:ns,, The State Highway and Public Transportation Commission regulations promulgated pursuant to the Texas Litter Abatement Act [codified ' at Tex,. Rev„ Civ. Stat. Ann.. art. 4477-9a) , shall apply in each of the instances mentioned' in A, ,; B. and C. above The Court further _ ��GL1}2ES ORDERSr ADJUDGES AND` $£ that the Municipal Board on Sign: Control of, t. -ie City of Hoi,.ston ' has incorrectly included' Plaintiffs' Federal. Highway Signs on the. listsof signs 'compiled pursuant,.to the requirements of Article 1,_ §§6(b) through (e) of s: f B'L_8.. 1330` [codified _at. Tex.; Rev. Civ. Stat. Ann. - art.. 10150 (-1(b)L through (e);)� ." The Court further IGFs ORDERSr. ADJUDGES- AND that the term "useful life" Cm contained;' in. Article I r LS6 of H.B_,1330 'vio ates the due process '- clauses of the Texas, United States Con tions and, /arn:dJ I C=)- O therefore,, is void because (i) it fails to provide-, fair and C,..) C,..): adequate notice and meaning of the term and (ii) It subjects r Plaintiffs to the unbridled discretion of non -elected officials. FT. -he Court further .:)s�[t_rii CS ORDERS., ADJUDGES ANDiS .:that the City of Houston. is Incorrectly interpreting the Houston Sign Code's prohibition on , iz theL issuance of'new construction permits for off -premise signs [§4612(b)j as prohibiting Plaintiffs from obtaining z permitto bring into compliance their signs violating;, theCoae's setback [54612(d) ] , srkacing [544612(c) MI, , proximity C4612(c,) (l) ) ( residential district [§4612 (c) (2) ) and` min.imurn clearance provisions, except through removal of those signs. The _ Court further z ORDERS, ADJUDGES AND SLS that Plaintiffs are entitled to bring: all of their signs which fail to comply with, the size (_cutout) provision of the Houston Sign;Code (§4549 (f3 j into conformance -.with that Code section _in., accordance with the fPart) 1984... �uiu. iib r �, (AL) 1984 • Ord. „7 1255 ' 52 h4- tA�{, P M 1-.04.2,40 Guest cotta e. " g ,, accessory, detached dwelling withouttanytki.tchenhfa� facilities designed for and used to house transient visitors of the and nones occupants of the main dwelling. (Ord.' 1267 SS (Am), 1984 2267 I. Ord. 1255§2( part)1984) 1.04.245 Health ofEacer. "Health officer" shall mean the health officer of the O a, count employee or other person dul aul.hor��ed health department (icer to y the W w act in his behalf, Y health of- 1255 g2 (part) 1984) (Ord.. 126/ 51 (,AIV) r 1984: . Ord, co 1.04.250 Helie mean land improved "helicopter port" shall and intended CO ed to be used foe, the. landing and taking off of helicopters or vertical flying (Or -d. 1267 §1 (AO,) airc.rafts. 1984: Ord. 1255 52 (part) , 1984), 1.04.25"I'll I5 HIrihq authorit hired in a county clepartmen� v+ �n the case of. employees the depart Pa ,hiring head authority" shall mean employees hired directly by and, in the case the board, of shall mean the board o'fysuyervisobsrd, „hiring authority" 1.984: p Ord. 1255 2 . 5 (dart); 1984) (Ord. 1267 S1(AP), 1.04.260Home adcuaation. mean "Home uc'upation" shall any use customarily carried on within a dwelling b ihhabitants thereof which ell ng tial use of the dwelli n g Y the use is incidental to byeth g, and which use; A• is confined 'Within the dwelling and occ,spies more than twehty-five ' ercp e;n' not f the fluor space Thereof; - invoJave no sales of merchandise atheJ an that p produced on the remises t - - or merch and�se directly and incidental to the services offered; y zc.luted to Y` C : is carried on by ing thhe dpwe) ling, with no other oemplo family occupy- r person hf441ces no evidence of a.ts existence,beyondthe Premises; except signs of not mews than one square foot, such as noise; smaket odors; `rli.btcutiOn'., etc, (Ord. 1267 S1 (AQ) 1984: Ord 12a5, �.2 (.part) r 198`4) " 1.04.265 Hos+ital. "Hospital.'' shall mean the Tehama County General Hospital and shall i, buildih �- nclude the hospital g; giounds and au!tiliary buildings. (Ord. 2267 (AR); 1984, til turd. 1255 92 (part} , 1984) 1, 04.270 Ho -el. 1� otieli shall meati any building of portions thereo> cohi�aining qi.r, or more guesttdomt used or irtt+�nded or desighed to be used, let or hired rug to ed or cu which the pr are occu led by six or more guests, e er o dt'i "on for hire is paid di3:ect,.y y, o3A da.rectlyh .n , goods; wares, merchandise, labor or othorwise and. include include hotels, ].od �n hour g 9. s and ra , ominghouses, doemi- torries turkish baths bachelor hotels, stud4o hotels, lic grid pub-. private clubs,, and any such building of any nature whatsoever Odcupied, designed or intended to be $o oocupi.d, except j2ii.ls j hospitals, asylums, srjpi.tari.ufis; oJ=phan'ages, pri;sohs detention homes, and similar bui_Wings w�Oero human )'; ing are h'01180d oe detdihed Ubdor legal re;tr. 1'57 51 (A8) , 1.9.84: Gid. 12552 (ta�tri„) ant(Ord. ] r�84) l.b4Y275 Jurtl�yat:r�. "0`uh�yard'� hal. mean an area of Bu#e Co. Planning CHAPTPA l2, 95` MAY MH 1 7 1987 Hon. Oc DATIONS Orovil1e1 C Dforlda sections 12,95.010 Home Occupations 12.95,010 Home Occupations, dome occuprtion may be permitte n C c "AE". -"A/RRA' �"PR"'� "RRE'", "R-1-', 'R -2"f, "'R-]" Zones prov .d,ing the follow- ing standnrda Naorbeing met: (1.). to person other than mambora of the family residing, on the premises shall be engaged in nueh occupation, (2) Not more than twenty-five percent (25%) of the floor area of the dwelling unit shall. be used in the conduct of the hoar occupation. (3) Na building or space outside of the dwell- ing unit shall be used .for .F.�a ogcupatic. purposes except for ngr�icultural vasa, (4) In no way shall the appearareeof the %. structure be on altered or the conduct of the occu• Patton within the structure be such that .the strnc- tore way be reasonably recognized as serving a non- residential use, " (5) No equipment or process shnil be used in such home occupation which creates noise, "vibration, Slate, rtraes, odors, or electrical interference de- testable to the normal senses off the lot .if the occupation is conducted in a single family residence or outside the dualling ur.it if conducted th other than a single family residence, In the case of electrical, interference, no equipment orprocess ti shall be used which creates visual or audible inter ference in any 'radioa television etceiversoff thn _- premises,, or cause fiudtuatiens in the _line voltage off the ettisca, Pr (6) The home occupation shall not generate ped- estrian or vehicular traffic in oxcess of that cus- tomarily associated vith the zone in which the use _ is 'Located,. (%) All maintenaned or service Vehicles and , equipment, or any Vehicle bearing any advertisement !Elated to rhe home otcupatibn or any other simile# vehicle shall be garaged or stored entirely within A b.�rldin ozr s-.uc-sre, Such vo shall itot have morethantwo suha;cla lea. (g) There shall be 'no use of utilities or COaaaunity facilities beyond that hormal to the use of the property for reside*tial be aiveleulturai Purpbbad aw defined in the district. d�) There shall be cOF late conformity with tire, Building, 1"lumbin„ Electrical and Hi±altts Codes snit td al'1 i edam , State and County Tawe. at ordinanes)t. (4905) %11 48' ,r l r ,M, PLArr-R COUNTY PLANNING trPARTME14f HOW GCCUPATIM APPLTCATION tttss enegs Na�,:�, , Type tit Bun mail — Aptil frruif Phone Addreas "'_" Pleoi4P. respond Lss Ilse Frillowaurl (1111's1 :10011 rOW thr 1),Ivk of ilon fol m er addil lona! spAi, is n eard3, 1. 14aw many persons will be involved or rmploy€d If, tix=. Goc�clurl Or thr prniiosed buainei3s2 Member oF;the immedintr. rni lly:W Gllie rot Total 2. Whai LYpi' op piradurt tIifjl tic pradured, srtrvecad, ar reparrsll en lht' c.ondurL or your proPosed business? sa? C Fofi example, oparr nl nlvrks yr wnlchen, maktnq jewrylry, eir.,?_. 3i b(!sCrlbr+ any alLtsrat.ion9 10 IhO home or premises HIM. ;night bes rl rrirluiri.tJ Ice Fat�ttiLale yourbusiness, ti. Describe wlipt room:t will be uni-d in the, randucl of the 11011113 OCCUPEI[ ah and how Lhene roans will be used, (Fo r example, flarnue will, be unesd Lti Blore, +tupplien or den will Cunt.airt,deesk and file Cabinets, pLc.)_ y. neeCribe the mechanlr„aI and/vr rr1rn•al d iii rl pmchf or il'her 00 1, or daysres Your bufiinrs?3, Lttai Well be necessary Lo conduct, fir l?ncarrtlar hriw, whvro a+.d iii what ttmteurcts the matetrial, -i,1ppj etfs andlop errlu.lpnenl. ro'laLed to your proposed Name t°opal igrr Will 1)(v displayed or-ift)rvd. 7 Will PL018 come to your home Lo obl,ttiry tiny proriUct or uLt11;t any aerwire ruhttected waLh Lhe proposer! Home lJrcul7tiltnn'r Yes No it yes, pletese Vvin►tt ltl detail roxitnatdl= how man —�- pp �: y many arid how often. ti. Are arty �tUnrt nertlanary cir prnp>jord rqle1 I" it) yrxur Ilesmr tl(:cupai,ioh? Yas td cle9cribe types ilze and lnoul ion. °. tF year a; TF t �urke� or Ohm enutpmont W.1 I l br) tmu•t in your Hame Crrtipeel in", whams wl i J they bu parked or. shored? 9UVii l'I t he Home tlrrupnI lin Involve tNe uae or C+xnrnerCial vratirlen 'for the delivery or maLef lafo Go or Fran Lhe pr•_+minrs? Ycttt No � _ [r yogis pl,sarto cupinIn tirkl �nCtuelrs irarlr.iexttry or 13101] iveries: yourres p itnti0d tarn In rgnFortnsnoa wi1'tr any glesrx Yate No(I resttH Jut)!; Ihal. tn►rlht bra lmptiachi on your pralideLyl l hirvts P&M !anti undrrol shtl sect jinn j ,1tlF,, thnpl or 30 ZHOmts (lrr+upeil lora tinrinii :lhn -- see rsverse) or Lhe Placer t;aulily lonattg nrdintentn, ruin 'breltevee to lhrt' brat or my kmowirttirlr;,thalmy praptlsuri lihtiie ObduptiL.i.oh, wnu'l;H not; violele ally purtaun ur lipid tirdin>titt(1tt, Appl ivont Is reltlnolure+ _ fla I, e !'roper!Y'tltti�rerin rtuJnaitute tni applionhtsn Wofo"Cnt or pon"Insion) Butto Co' plaoning COWM. MAY 7 1987` - provilta, t,alitoraut F3A } P=:;��Sce-u o .�- F Intent ark `7 f kt a� - y y e_ � t�ii" tel, Y., �.1 �� T �.� F.r 1- .. 3R i..�Fi i. `hqt "0 r #[ 0q le a «1t3a,ix k Of k�,hgk p,rhh is a,PP .. i cL�7. f by Lows t eS _ �E�ciQ�'C cr h ieSu SeKCe'sS x.�L' mit; O'r VO— �d€_- ` f� a 41, it At �€ .�VatLbiI: t3 Of '1 1F4 Due-iir%t0 . _._ Lt3t:'s of a ;3pgc°� vL' �Tk the ' y ,-jce e OcC" �'at'� or"i, i y g t ? t2 lly a r3fi Ci�� �Gt; �- cca -q :xx;rte div gyres is o, ov .�:ogre .t z erq OTIE , C. t" 'ice 3 th er 11 k 4�Lti.` rt tic'T ck;Rf y 4 fi�1 C« , �k'ti1k: } f 1 G es cans -the' nx c l" x rless Ile. t roe oett� (r e ii'.i`. v"' k • 3 k*5i+.i�`` ` -n a, ;> ttitent t o' <L s= Sk? wee' a tie keo. c.�� Z # rte' 6 1` ep CJfS-W'- •y �� tinet- hC Se CCc t ws � S t Of tic* C. yet iLZ-E,e-����_ �'` ► 1P= tfi•+` e � �k� )ti,:�i�-��. ..� - - i r"` `�t:gtf f= t Lei 4 v �� e4 erg's ts; dwe; i - Th %ha 7 he T1t? t' int=; tai i�d;s 1�ct4T � `fats tnsA�lii=:'C`i* S Ck 11"ome oc,,upat.C.11. - s c OM, i. he C tl'11juct E'tj 4xiII v fY. �T1, lu! are,, vc attachedC11DatZCk£2g uht1li. Sf3"tt+a- sio-_ i1+ be 4.ttl us e > C) Y y -*� to a� t f'' p t i:^- T'L L, ti'CS 1_ C1''4 a.S_Omarily{. oreUe - rs.ry Thur pQ e,,; vL,�Ihle Or ' e n .Line volta-tw -. =yr,--- 016' 016 xl- is (..- not fio S.A3ie. 4i'R i2a\3iaE ed - wit!, e Q -a excia ed three- by T. t'' F,x- raj(' F. c 5« LQ r 51). - es t? �,g .r3 ft.gY€� tS: 0"Ptr'.011- All i?(z nk) 041 ert. a # i j!,tdk; v.pp y; k? z; at Y7 (3iids Sha��. ;Y*._''>* not k goods t supp� i €.f or fgLZc`?;sCSkv ,61?1'. c cw tvPe!rmrnalIv assokixat:ed res'ldencO 41'Yd not to exceed 7/23/i ADD ,PAGE 7 or a provision Of the new ordinance: SMT102d' 24-2.09 LAND USES IN DISCONTINUED ZONES Any land parcels currently zoned in zones eliminated from Qhapter 24 by this ordinance shall remain under their current size, use, and development restrictions until such time :as they require a change to a new size, uses or development restriction or are rezoned to a, current and appropriate new zone. Any legal lbnd use currento ly in effect in a discontinued zone may be continued under fne rules of that discontinued ne but r an change to said je shall conform to the requirements the replacement zone or require a use permit. Any Dft3r land division in a,discontinued zone shall be Conditioned upon prior approval of the rezoning of subject property to a currently valid zone Which permits parcels of the size requested and which is conn stant with the Gene~g Plan. Paragraph l may cover it without the need for the 'other two ?) Art 1cIc 33 $IC;N REGULA (1, UNS SEXTION 24-33.01 1"URPME AND INTENT The intent or the fo'l 1 ow ng sign regulations Is to Provide for apPropritte opp.ortur7ities to identify businesses, For advertising Purposes and othor promotional uses supportive of Butte County's ccGrtamy', While ensue i ng that such opportunities are compatible with the -conic and open space resources of the Countys recognizing that such curcPs are fundamental'' tc the County's economy, This intents shall be accomplished by the prr),v i s l ons herein for the appropriate 10oproposed �tion of - ,i+•�nv � and limitation pproprlate review and, and/or restriction of signs in c,Orta in districts as nectessary to fulfill the fu 1 1 intent of ti=t i s , Chapter. Tttie policies of the General Plan and applicab'1e area plans hall a 1 so be applied to address the specificcone ens of promoting or regulating signs. SECTION 24-33.0 RELATION TO LOCAL, S'L'ATE AND FEDERAL STANDARDS N,a i Sn sha 1 i to ,t a 1 101-40d to con f 1 I ct w I th State or pedera 1 standards for t"`e u' at i on of signs alongstate bi-, I hI ghw8ys The Outdoor Act, as amendede shall 90VOrn the placement dfydvca c f nt -� signs along tgrwayseXcept as they ire further estrIctpd bySea,i d No 1 � i S-1all beallowed l l i ectoton f l i ct With ahy applicable policies,prcvsonS and/-qurn- afi the General Plan or applicable Area or implemented in and around developed wcquireMents may be developed and ri�'ci is Plan.. S-�eci_a1 P _ _ p port) devel o ed c47MMUM i ties �s within the County and,_ for,, the un i ncor orator! rrt i ons of urban, areas w! th in the County: , 0A pee 1 a tints are 1 1 sted. Wer ` SECT_TON 24--33.03 DEFINITIONS 1311 1 board. A sigh which d i r+ec is attcnt i bo tr art�r Pius i ness commod i t;y, ss i dn, zery i oe or cntepta nmont and consists of the � me of aniprofentl i t i dual f i rm , dor"Poral. i on rir 1JssOc i at 1 on othrot- thin the occupant of the preti i ces on which f+w, -.ion Is located or cons iis of the name ' of a pet duct Lir cotttiTtCrd i ter ho,. produced on the Prt-M i saS o1'" a serY i tic' not rendered or PtiR;er`1 inrrertt not o�f"ered Cyr t CF tor�rr don the pr 1Y11 eS oilwhich tree sign i s 1 ocetod esus i nes Sign. A a i 4g d i rent i n c1ttont l can to a blas i Hess; Commodity,pr rrfess 1 ,n p Ser` V i twr' ;yk t �i" t J i nmen t e-40n Juct��.d) no l d or o4 Pored on the promises on tWh i ch t.hr: sign is i orated. evis d May GO f 1987 � � , r 13 i r"o'�:t i cifra I � i car► � . + .• . i rpt i n'� or �� r{,�e»,tr i Itgi. ttrc t•2.�*, ��:� � k,us i iir�:,s 1 -rt"' pLib i i !r. f z.v- 1 ► i �.. i4° f. 1. i'�, not I Cocatfitd on 4..h ,! same :p arce.I or on tw'.h w Sf;t%}auU 1 ► c raao a � �: t�:+ r .t`1 -. tioub 1 e -Faced Signs l v, r 5 r gns hack to t:iac;k on the same: sign structure. i rfr�' two " ,, � e counted as only on. sign . .�� ► de.� o r a d+�f,+� 1 �.:. r aced sign ..i-1� 1 1 E� Dredge -shaped or 'i L'"-st,e3pEd signs whitiro Mr,;z.00dos are riot back to back shall be counted as r;nQ sign SO long as they arcz- attached and the angle or attachment does not exceed 'id degrees. Suchsignswith angles exceeding 10 degrees sria l l be counted as two signs even ,though they may be attached. Intercl�an8e. A Junction of two or, more highways by a system of separate a_ 1 cve t that a'1 1 dw vez 1h i cu lar traf fl c to para from one to . another without inte,ierenre from cro traffic. g U7 i 16 sect i or, A p l a.ce, where wo or more streets meet .ar�el across at e V .a, .,. .. common,.fipoi nt : A�,, rr r Official Sign. Signs and notices p 1 aces) by public officers or agencies within their territorial ,jurisdictions for the purposes of carrying out an i c, i a l duty or 'respor , l'a i 1 i ty. Historical markers author, 1 zed by -tote 1. , 1?nd plated by state or local governmental aq.enc i es or noiir-src k i t historical sac i et l es shall be cons i dertied a ; at' ? i c i ai signs. political Sian. P. sign ndyer't i s i rrg any candidate for public office or a orxr-rd proposition or >vther issue to be voted on by the electorate. Private Directional Sign. SIGns corrta'ining, dircctiorial Information 8bou : pr° i va we l ^r„wrred seen i r_ at tradt: i on s s ctu l tura l 3 sc i on t i t' l c "nd educational s i ted; and outdoor retreat i ona l areas. Such f,rw vat+al ,^awned attractions or- activities should be nationally or re+g i ona lty kriovqn, and. o+ I ntti-est to the travo l i'ng pub l i c. Public birec:tional 810n. Signs containing directional information about public places owned Or OP*rated by a governmental agency; publicly owned r" OP *rated phenomena, h batOrr I c, cul tura l i Scientific and educational sites; and naturally auitrod for outdoor rocreatlonz deemed to be in the interest of the traveling pUblic: pub,I i d Ut i -I i ty ah 'darn i no s 1 gns, i nfortnat "r ona1 s l cons., notices, or pr vata l y=own+�d ;i utt i 1 'i' iW i erg as, eswent i a l to their dPolrat i oras ., meal Estate Sion. An ran i i Ghl;c-:d.x i *fin PW-ta I n 1 nO to the sa I e, l Gr) ;e or, r*�,n to i of any bu i l ei i ng or, rfr: hw4ru r*oo l prµope-H,-y gbadw i ch S i ren . A port,�3b i e, dowb l e- faabd, tdn t- l i ke buw 1 nes- sign unattached'to, oround bui Id1hr4) Placed in front of or adjacent to a MAy 6 } 1587-�