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4987ORDINANCE NO 4987 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 FOLLOWS: SECTION 1. That Sections 18.05.110, 18.05.111, and 18.05.112 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 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 18.05.111 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. No portion of any billboard shall be permitted upon any property in any residential zone (except the RS -A-43,000 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 of any billboard shall be permitted within a seventy-five (75) foot radius of 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). 120888 .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: .0401 Harbor Boulevard, between the north City limit and south City limit. .0402 Katella Avenue, between the centerline of the Santa Ana River and the centerline of the flood control channel commonly known as the 'Anaheim -Barber City Flood Control Channel' generally located between Ball Road on the north, Ninth Street on the east, Orangewood Avenue on the south and Euclid Street on the west. .050 Freeway -oriented Billboards. No portion of any billboard shall be locateT in a location or manner which violates Section 4.08.020 of this Code. SECTION 18.05.112 BILLBOARDS PERMITTED BY CONDITIONAL USE PERMIT. Except where expressly prohibited pursuant to any provision of Section 18.05.111 hereof, billboards, including wall and roof billboards, shall be permitted in the CL, CG, CH, ML and MH zones of the City, and the 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 2. That new Section hereby, added to Chapter Municipal Code to read as "SECTION 18.05.118 18.05.118 be, and the same is 18.05 of Title 18 of the Anaheim follows: 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: 120888 -2- 11.010 'Billboard' shall mean a structure of any kind or character upon which any poster, bill, printing, writing, painting, graphic or other display of any kind or nature whatsoever may be 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 and 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 120888 -3- 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: "Signs, other than billboards, in compliance with the provisions of Chapter 18.05 hereof." SECTION 5. That subsections .080 of Section 18.21.050 of Chapter 18.21, .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 .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. 120888 -4- THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 10th day of January, 1989. Flo WMPTS ATTEST: '�j' Z -- CITY CLERK OF THE CITY OF ANAHEIM JLW:lm 2225L 120888 -5- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4987 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 10th day cf January, 1989, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 10th day of January, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4987 on the llst day of January, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this llst day of January, 1989. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4987 and was published once in the Anaheim Bulletin on the 20th day. of January, 1989. CITY CLERK OF THE CITY OF ANAFIEIM