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4957FOLLOWS: 64. Not ORDINANCE NO ��►l���I iL%�stlwsc/ AN ORDINANCE OF THE CITY OF ANAHEIM ADDING, AMENDING AND REPEALING VARIOUS SECTIONS OF VARIOUS CHAPTERS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BILLBOARDS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Sections 18.05.110, 18.05.111, 18.05.112, 18.05.113, 18.05.114, 18.05.115, 18.05.116, and 18.05.117 of Chapter 18.05 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: SECTION 18.05.110 DEFINITIONS PERTAINING TO BILLBOARDS. For purposes of this chapter, the following words, terms and phrases shall be construed as specified in this section: .010 'Billboard' shall have the same meaning as defined in Section 18.05.020.010 of this Code. .020 'Billboard, Freeway -Oriented' shall mean any billboard theca vertisingdisplay or copy of which is so designed, located or oriented to be visible by any person traveling in a vehicle within any vehicular traffic lane on a freeway or freeway interchange. .030 'Billboard, Roof' shall mean any billboard attached to or locateU upon or over the roof of any building. .040 'Billboard, Wall -Mounted' shall mean any billboard permanently affixed, hung, attached, painted, posted, or otherwise located upon a wall of any building or structure. .050 'Freeway' shall mean a divided arterial highway for through traffic with full control of access and with grade separations at intersections, and shall include any access ramps or roadways providing ingress to or egress from any such divided arterial highway. .060 'Freeway Interchange' shall mean any point of intersection of two 2 or more freeways including any transition or connecting roads thereof. .070 'Highway, Arterial' shall mean any highway or street designated as either a major, primary or secondary highway or commuter street on the circulation element of the General Plan of the City of Anaheim. SECTION 18.05.111 BILLBOARDS -- GENERAL. Any billboard otherwise condi- tionally permitted pursuant to the provisions of this Title shall comply with all applicable laws of the State of California and all other provisions of the Anaheim Municipal Code except as such provisions may be expressly modified by this chapter. SECTION 18.05.112 PROHIBITED LOCATION OF BILLBOARDS. Notwithstanding any other provision of this Code to the contrary, no billboard shall be permitted at any of the following locations: .010 Certain Prohibited Zones. Nc portion of any billboard shall be permitted upon any property in any residential zone or any CO, CL -HS, CR, PD -C, PD -C -RM -2400, PLD -M, PR, or SC Overlay Zones of the City. .020 Proximity to Residential Zones and/or Uses. No portion o -any billboard shall e permitted within a seventy-five (75) foot radius of (i) any residentially zoned property (other than RS -A-43,000 zoned property which is either under a resolution of intent to a nonresidential zone or developed or approved for development with a nonresidential use) or (ii) any structure originally designed or intended for residen- tial use and used primarily for residential purposes. For purposes of this paragraph, structures devoted to hotel or motel use shall not be considered structures used primarily for residential purposes. .030 Certain Prohibited Areas. No portion of any billboard shall be permitted within that certain area bounded on the west by the easternmost boundary of the right-of-way of the Santa Ana Freeway, on the south by the centerline of Water Street, on the east by the westernmost boundary of the Santa Fe Railway right-of-way at Orange Street, and the north by the centerline of Sycamore Street (and the centerline of Sycamore extended to the Santa Ana Freeway). .040 Scenic Highways. No portion of any billboard shall be located within two hundred (200) feet of the nearest right-of-way line of any of the following described arterial highways: 081688 -2- .0401 Harbor Boulevard, between the north City limit and south City limit. .0402 Katella Avenue, between the centerline of the flood control channel commonly known as the 'Anaheim -Barber City Flood Control Channel' and the centerline of the Santa Ana River. .050 Scenic Corridor Overlay Zone. No portion of any billboard shall be located within the Scenic Corridor Overlay Zone. .060 Railroad Ri hts-of-Wa . No portion of any billboard s -all be located wit n any railroad right-of-way. .070 Freeways and Freeway Interchanges. No portion of any billboard shall be located so that any portion of the sign copy or advertising display is visible from any freeway or freeway interchange. The term 'visible' as used in this subsection shall mean readable, or otherwise discernable and understandable for the purpose for which such information or material is intended, by a person of normal visual acuity without the aid of any optical apparatus. Such billboards shall be deemed distinct and separate uses of property for which no zone variance can be authorized. .080 Proximity to Landscaped Freeways. No portion of any billboard shall be located within six hundred sixty (660) feet from the nearest right-of-way line of any landscaped freeway, interstate highway or primary highway as such terms are defined in Article 1 of Chapter 2 of Division 3 (commencing with Section 5200) of the Business and Professions Code of the State of California, or within any other areas where prohibited by any provision of State or federal law. Such billboards shall be deemed distinct and separate uses of property for which no zone variance can be authorized. .090 Roof Billboards or Wall Mounted Billboards No roof billboards or wall mounted bill- boards shall be permitted. Such billboards shall be deemed distinct and separate uses of property for which no zone variance can be authorized. SECTION 18.05.113 BILLBOARDS PERMITTED BY CONDITIONAL USE PERMIT. Except where expressly prohibited pursuant to any provision of Section 18.05.112 hereof, billboards shall be permitted in the CL, CG, CH, ML and MH zones of the City, and the 081688 -3- RS -A-43,000 Zone of the City wherein the General Plan designation for said property is for general commercial or general industrial land uses, provided that a conditional use permit is first approved therefor pursuant to the provisions of Chapter 18.03 of this Code and further provided any such use shall comply with all applicable development standards and other requirements set forth in this Code. SECTION 18.OS.114 DEVELOPMENT STANDARDS -- ALL BILLBOARDS. Any billboard hereinafter erected in the City of Anaheim pursuant to a conditional use permit authorized by the provisions of this Chapter shall comply with the following development standards in addition to any other applicable requirements of this Code: .010 Required Setbacks. No portion of any billboard shall be located less than ten (10) feet from any public right-of-way, and shall also comply with the minimum yard and setback requirements (other than landscaping) of the zone in which located; provided, however, that this provision shall not constitute a waiver of any applicable landscaping requirement in connection with any other use of the property. .020 Permitted Location. No portion of any billboard shall be located less than twenty-five (2S) feet from the point at which two (2) ultimate public right-of-way lines intersect at any corner lot nor at any location other than a 'permitted corner location' as defined in subsection .110 of this Section. .030 Number of Display Areas. Only single -faced or double-faced back-to-back with parallel backs only) billboards shall be permitted with a maximum of one (1 advertising display or message per face. .040 Maximum Display Area. The maximum size of the display area of any face of any billboard shall not exceed three hundred (300) square feet. ASO Maximum Height. The maximum height of any portion of any billboard shall be limited to thirty-six (36) feet; provided, however, that within a radius of three hundred (300) feet from any structure used primarily for residential purposes, the maximum height of any billboard shall not exceed twenty-seven (27) feet. 081688 -4- .060 Shape of Billboards. Only rectangularly -shaped billboards shall be permitted. No projections beyond the sides, edges or flat front surfaces of any billboard shall be permitted. .070 Minimum Height of Display. The minimum height of the lowest portion of any display surface of any billboard shall be not less than eight (8) feet above ground level. .080 Freestanding Design. All freestanding billboards s -a-11 be of single -pole design and shall be constructed on a steel support. .090 Covered Backs. All billboards shall be constructed with any of erwise exposed backs covered with a solid material. Said material and the design thereof shall be in accordance with standards established by the Planning Department. .100 Lighting of Billboards. .1001 No artificial light used in conjunction with, or for the purpose of, lighting any billboard shall be so erected, constructed or placed as to direct such artificial light into or toward any structure used primarily for residential purposes. For the purpose of this provision, structures devoted to hotel and motel use are not to be construed as structures used primarily for residential purposes. .1002 No billboard lighted by any type of indirect lighting shall have any such lighting which exceeds eight hundred (800) milliamps rated capacity, nor shall any sign lighted by neon or similar material have any such neon or similar material which exceeds three hundred (300) milliamps rated capacity. .1003 No rotating, revolving or flashing lighting devices shall be attached to, or made a part of, any billboard. .110 Billboards at Intersections. Not more than one (1) billboard shall be permitted upon any single permitted corner location as hereinafter defined and not more than four (4) billboards shall be permitted at the intersection of any two or more arterial highways. The term 'permitted corner location' shall mean the area within a two hundred foot radius of any street corner formed by the intersection of two or more arterial highways. Said distance shall be measured from the point of intersection of the planned ultimate street right-of-way lines as established by the City. The term 'intersection' shall mean the combined permitted corner location area described herein created by the intersection of two or more arterial highways. 081688 -5- SECTION 18.05.115 CONDITIONS OF APPROVAL In addition to any other requirements imposed or required by this code, any conditional use permit for any billboard shall be deemed subject to such conditions of approval, if any, as are specified in the resolution adopted pursuant to Chapter 18.03 hereof approving said conditional use permit. SECTION 18.05.116 NONCONFORMING BILLBOARDS -- CONTINUATION AND TERMINATION. Any billboard lawfully in existence immediately prior to the effective date of Ordinance No. which billboard violates or does not conform to any provision of Ordinance No. , including the requirement that all billboards shall be permitted only by conditional use permit, or any billboard which was nonconforming to any provision of this Code prior to the effective date of Ordinance No. and which continues to be nonconforming to this Code after the effective date of Ordinance No. and for which a termination or abatement period as not been established by any other provision of this Code, is hereby declared to be a nonconforming use and a public nuisance and said billboard shall be removed or otherwise made conforming to all requirements of this Code within ninety (90) days following the receipt of a written order of abatement from the City. In no event shall any such written order of abatement be given by the City prior to the later of (i) one year after the effective date of Ordinance No. or (ii) ten years after the date of issuance of the building permit for such billboard or (iii) ten years after the completion of construction or erection of such billboard. Any such order of abatement issued by the City which requires the removal of said billboard shall be subject to the payment of such compensation, if any, by the City as may otherwise lawfully be required by applicable provisions of State law. A relocation agreement for the relocation of any billboard, or a condition of any conditional use permit for a billboard requiring the removal of an existing billboard prior to the exercise of said permit, shall not be deemed an order of abatement for purposes of this Section. Any billboard existing pursuant to a conditional use permit, zone variance, or other discretionary or nondiscre- tionary entitlement issued by the City or any other governmental agency prior to the effective date of Ordinance No. shall nevertheless be deemed a nonconforming use and a public nuisance for purposes of the abatement provisions of this Section unless such billboard conforms to all provisions of Ordinance No. 081688 -6- Where application of the provisions of this chapter would render two or more billboards nonconforming within the meaning of this section solely due to the location of said billboards in relationship to each other and the removal of one or more of such billboards would result in the remaining billboard(s) being rendered conforming to the provisions of this chapter, the billboard(s) first in existence at said location shall be deemed the nonconforming billboard(s) for purposes of this section in the absence of a written agreement by the owners of such billboards which agreement designates which of said owners' billboards shall be removed in order to render such remaining billboards conforming to the provisions of this chapter and which agreement is filed with the Planning Director prior to issuance of an order of abatement by the City. For purposes of this section, if the billboards at issue were erected on the same date, the Planning Director shall in his or her sole discretion designate which billboard shall be deemed nonconforming. " SECTION 18.05.117 CONFLICTING PROVISIONS. The requirements of this chapter shall be cumulative to the requirements set forth in any other applicable chapter of this Code. In the event of a conflict between any requirement of this chapter and any requirement set forth in any other chapter of this Code, the requirements as set forth in this chapter shall prevail. SECTION 2. That new Section 18.05.118 be, and the same is hereby, added to Chapter 18.05 of Title 18 of the Anaheim Municipal Code to read as follows: "SECTION 18.05.118 NONCOMMERCIAL MESSAGES. Notwithstanding any other provision of this Code, any sign area or message panel authorized by this chapter may be allocated to a political, social, informational or otherwise noncommercial message by the person or entity in control thereof." SECTION 3. That subsections .010 and .020 of Section 18.05.020 of Chapter 18.05 of Title 18 be, and the same are hereby, amended to read as follows: 11.010 'Billboard' shall mean a structure of any kind or c aracter upon which any poster, bill, printing, writing, painting, graphic or other display of any kind or nature whatsoever may be 081688 -7- placed for advertising purposes and which structure is erected, maintained or used for the purpose of advertisement of goods produced, sold or available for sale, or services available or rendered, at locations other than the premises upon which the structure is located. The term 'billboard' does not include: (a) Official notices issued by any court or public body or officer; (b) Notices posted by any public officer in performance of a public duty or by any person in giving legal notice; (c) Directional, warning or information structures required by or authorized by law or by federal, state, county or City authority. (d) A structure which contains solely the name of the City and the names of, or any other information regarding, civic, fraternal or religious organizations located therein. (e) guide signs, business signs and temporary real estate signs as defined in Section 18.05.020 of this code. .020 Business Signs. This category shall include all signs anF sign structures relating to the principal business or use of the premises upon which the sign is erected. Included within this category are nameplates designating the name and occupation or profession of the occupant of the premises. This category shall include any sign which directs attention to a business, commodity, service, industry or other activity which is sold, offered or conducted on the premises upon which the sign is located, or to which it is affixed. This category shall also include and authorize signs with political, social, informational or otherwise noncommercial messages which signs would not otherwise meet the definition of Business Signs contained herein. Nothing contained in this definition shall be construed to permit the erection or construction of a billboard unless said billboard is otherwise authorized herein." SECTION 4. That subsections .070 of Section 18.44.030 of Chapter 18.44, .080 of Section 18.45.030 of Chapter 18.45, .080 of Section 18.46.030 of Chapter 18.46, .080 of Section 18.61.030 of Chapter 18.61, and .070 of Section 18.63.030 of Chapter 18.63, all of Title 18 of the Anaheim Municipal Code relating to permitted accessory uses be, and the same are hereby, amended to read as follows: 081688 -8- "Signs, other than billboards, in compliance with the provisions of Chapter 18.05 hereof." SECTION 5. That subsections .090 of Section 18.44.050 of Chapter 18.44, .090 of Section 18.45.050 of Chapter 18.45, .080 of Section 18.46.050 of Chapter 18.46, .080 of Section 18.61.050 of Chapter 18.61, and .060 of Section 18.63.050 of Chapter 18.63, all of Title 18 of the Anaheim Municipal Code relating to conditional uses be, and the same are hereby, amended to read as follows: "Billboards as defined and in compliance with Chapter 18.05 hereof." SECTION 6. That subsections .080 of Section 18.21.050 of Chapter 18.213. .060 of Section 18.45.020 of Chapter 18.45, .030 of Section 18.45.030 of Chapter 18.45, .100 of Section 18.46.020 of Chapter 18.46, .050 of Section 18.61.020 of Chapter 18.61, and .060 of Section 18.63.020 of Chapter 18.63, all of Title 18 of the Anaheim Municipal Code relating to permitted primary and accessory uses be, and the same are hereby, repealed. SECTION 7. That Ordinances No. 4897 and 4912 be, and the same are hereby, repealed. SECTION 8. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal hereby of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 9. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimi- nation herefrom of any such portion as may be declared invalid. 081688 -9- THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this day of MAYOR OF THE CITY OF ANAHEIM ATTEST: JLW:lm 2225L 081688 -10-