Chapter 18.60
OUTDOOR ADVERTISING STRUCTURES
Sections:
18.60.030 Erection of new or additional outdoor advertising structures prohibited.
18.60.040 Standards for relocation and reconstruction of outdoor advertising structures.
18.60.050 Application for permit required.
18.60.010 Purpose.
The purpose of this chapter is to prohibit the erection or construction of new or additional outdoor advertising structures within the city limits of Calimesa, and to provide standards for the relocation of outdoor advertising structures legally existing on the date the ordinance codified in this chapter becomes effective. The changing of an outdoor advertising message, display, or customary maintenance of a legally existing outdoor advertising structure shall not be construed to mean construction or erection of an outdoor advertising structure under this section and shall not require a permit. [Ord. 342 § 3 (Exh. A), 2016; Ord. 91-34; Code 1990 § 9.4.01.]
18.60.020 Definitions.
For the purposes of this chapter, the following words or phrases shall have the following definitions:
“Abandoned” means any outdoor advertising structure or outdoor advertising display that is allowed to continue for more than one year without a poster, bill, printing, painting, or other form of advertisement or message.
“Illegal outdoor advertising display” means any of the following:
A. An outdoor advertising structure or outdoor advertising sign erected without first complying with all applicable laws, ordinances, and regulations in effect at the time of its construction, erection, or use.
B. An outdoor advertising structure or outdoor advertising sign that was legally erected but whose use has ceased or the structure upon which the advertising display has been abandoned by its owner, not maintained or used for a period not less than one year.
C. An outdoor advertising structure or outdoor advertising sign that was legally erected which later became nonconforming as a result of the adoption of an ordinance, and for which the amortization period has expired and conformance has not been accomplished.
D. An outdoor advertising structure or outdoor advertising sign which does not comply with the notice of decision or the approved plot plan.
E. An outdoor advertising structure or outdoor advertising sign which is a danger to the public or is unsafe as may be determined by the director of the building and safety division.
F. An outdoor advertising structure or outdoor advertising sign which is a traffic hazard as may be determined by the director of the building and safety division, provided said traffic hazard was not created by the relocation of streets or by acts of the city.
“Outdoor advertising display” means outdoor advertising structures and outdoor advertising signs used for outdoor advertising purposes, not including on-site advertising signs. An outdoor advertising display may be commonly known or referred to as an off-site or off-premises billboard.
“Outdoor advertising sign” means any card, cloth, paper, metal, painted, plastic, or wooden sign of any character placed for outdoor advertising purposes, on or to the ground or any tree, wall, bush, rock, fence, building, structure, or thing, either privately or publicly owned, other than an outdoor advertising structure.
“Outdoor advertising structure” means a structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any poster, bill, printing, painting, or other advertisement of any kind whatsoever may be placed, including statuary, for advertising purposes. An outdoor advertising structure relocated pursuant to this chapter shall be constructed or erected upon a permanent foundation, or shall be attached to a structure having a permanent foundation.
The words “outdoor advertising structure” and “outdoor advertising sign” as defined in this section do not include:
A. Official notices issued by any court or public body or office.
B. Notices posted by any public officer in performance of a public duty or by any persons in giving legal notice.
C. Directional, warning, or information structures required by federal, state, or city authority, including signs necessary for the operation and safety of public utility uses.
D. A structure erected near the city or county boundary, which contains the name of the city or county and the names of or any other information regarding, civic, fraternal, or religious organizations located therein.
E. Any signs permitted by ordinance of the city of Calimesa. [Ord. 342 § 3 (Exh. A), 2016; Ord. 91-34; Code 1990 § 9.4.02.]
18.60.030 Erection of new or additional outdoor advertising structures prohibited.
Pursuant to Section 5229 of the Business and Professions Code, no person, firm, copartnership, association, or corporation shall erect any new or additional outdoor advertising structure within the city limits of Calimesa; provided, however, an outdoor advertising structure legally existing within the city limits of Calimesa on the effective date of the ordinance codified in this chapter may be relocated and reconstructed in conformance with the standards provided in this chapter. [Ord. 342 § 3 (Exh. A), 2016; Ord. 91-34; Code 1990 § 9.4.03.]
18.60.040 Standards for relocation and reconstruction of outdoor advertising structures.
A. Outdoor advertising displays are permitted only in commercial and industrial zones on property abutting Interstate 10. Outdoor advertising displays are expressly prohibited in all other zones and shall not be located within 150 feet of property zoned for residential development.
B. No outdoor advertising display shall be located within 500 feet in any direction from any outdoor advertising display on the same side of Interstate 10.
C. The maximum height of an outdoor advertising display shall not exceed 25 feet from the roadbed of Interstate 10, or a maximum height of 25 feet from the grade on which it is constructed, whichever is greater.
D. A maximum of two steel poles are allowed for support of an outdoor advertising structure.
E. No outdoor advertising structure shall be affixed on or over the roof of any building, and no display shall be affixed to the wall of a building so that it projects above the parapet of the building. For the purposes of this section, a mansard-style roof shall be considered a parapet.
F. No more than one proposed outdoor advertising display per application shall be permitted. No more than two display faces per outdoor advertising structure shall be permitted. Back-to-back and V-type displays shall be allowed; provided, that they are on the same outdoor advertising structure; and provided, that V-type displays have a separation between display faces of not more than 25 feet.
G. An outdoor advertising display may be illuminated in conformance with CMC 18.120.110(B), Special Uses Defined.
H. No outdoor advertising displays shall move or rotate, or display any moving or rotating parts. No propellers, flags, or other noise-creating devices, and no architectural embellishments which utilize mechanical or natural forces for motion, shall be permitted. Use of daylight reflective materials or electronic message boards using flashing, intermittent, or moving light or lights is prohibited; provided, however, that electronic message boards displaying only time and temperature for periods of not less than 30 seconds shall be permitted.
I. Each outdoor advertising display that is to be relocated and reconstructed shall have a total surface area of 300 square feet, no more or no less.
J. No person shall relocate, reconstruct, erect, alter, or repair any outdoor advertising display without first obtaining an outdoor advertising display permit from the city of Calimesa.
K. No outdoor advertising display permit shall be issued unless and until the planning director determines that the proposed activity is in accordance with this chapter and that the applicant has obtained a valid state outdoor advertising permit.
L. No person shall place, erect, or maintain an outdoor advertising display and no outdoor advertising display shall be placed, erected, or maintained anywhere within Calimesa unless there is securely fastened thereto and on the front display face thereof the name of the outdoor advertising display owner in such a manner that the name is visible from the highway. Any outdoor advertising display placed, erected, or maintained without this identification shall be deemed to be placed, erected, and maintained in violation of this chapter.
M. No person shall place or otherwise allow a motor vehicle, trailer, or other advertising display not permanently affixed to the ground to be used as an outdoor advertising display. [Ord. 342 § 3 (Exh. A), 2016; Ord. 294 § 14, 2009; Ord. 91-34; Code 1990 § 9.4.04.]
18.60.050 Application for permit required.
A. In addition to all other applicable federal, state, and local laws, rules, regulations, and ordinances, no outdoor advertising displays shall be relocated, placed, or erected until a permit therefor has been issued by the planning director of the city of Calimesa. Application for such a permit shall be in accordance with CMC 18.15.020, Application.
B. Upon acceptance of an application for relocation of an outdoor advertising display as being complete, the planning director shall transmit a copy of the application to the planning commission for review. A public hearing is required for the relocation of all outdoor advertising displays and shall be held in accordance with CMC 18.15.080, Hearings and appeals. [Ord. 342 § 3 (Exh. A), 2016; Ord. 91-34; Code 1990 § 9.4.05.]
18.60.060 Appeals.
Appeals shall be made in accordance with CMC 18.15.080, Hearings and appeals. [Ord. 342 § 3 (Exh. A), 2016; Ord. 91-34; Code 1990 § 9.4.06.]
18.60.070 Revocation.
Any outdoor advertising display permit which has been issued as a result of a material misrepresentation of fact by the applicant or his agent, whether or not a criminal prosecution is initiated therefor, may be summarily revoked by the city of Calimesa. Within 30 days after notice, any outdoor advertising display authorized by said outdoor advertising display permit shall be removed at the applicant’s expense. Failure to remove the display within 30 days shall be deemed a separate violation of this chapter. Nothing in this chapter shall authorize the installation or maintenance of any outdoor advertising display which is in violation of any state or federal law or regulation. [Ord. 342 § 3 (Exh. A), 2016; Ord. 91-34; Code 1990 § 9.4.07.]
18.60.080 Enforcement.
Whenever the planning director, or his/her designated agents, have cause to suspect the violation of this chapter, or whenever necessary to investigate either an application or the granting of a modification or any action to suspend or revoke an outdoor advertising display permit, or whenever necessary to investigate a possible violation, the planning director or his/her agent may lawfully gain access to the appropriate parcel of land upon which said violation is believed to exist. The following provisions shall apply to the violations of this chapter:
A. All violations of this chapter committed by any person, whether as an agent, employee, officer, principal, or otherwise, shall be a misdemeanor.
B. Every person who knowingly provides false information on an outdoor advertising display permit application shall be guilty of a misdemeanor.
C. Every person who fails to stop work on an outdoor advertising display, when so ordered by the planning director or by the chief building official or their designated agents, shall be guilty of a misdemeanor.
D. Each violation is punishable by a fine of $1,000, or by imprisonment in the county jail for a term of not more than six months, or by both such fine and imprisonment.
E. Every person found guilty of a violation shall be deemed to be guilty of a separate offense for every day during a portion of which the violation is committed, continued, or permitted by such persons.
F. Every illegal outdoor advertising display and every abandoned outdoor advertising display and every outdoor advertising display moved or maintained contrary to the provisions of this chapter shall be, and the same hereby is, declared to be unlawful and a public nuisance, and the city attorney of the city of Calimesa shall immediately commence an action or proceeding for the abatement, removal, and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such outdoor advertising displays, and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, maintaining, or using any such outdoor advertising display contrary to the provisions of this chapter. The remedies provided for herein shall be exclusive and not cumulative. [Ord. 342 § 3 (Exh. A), 2016; Ord. 91-34; Code 1990 § 9.4.08.]