CHAPTER 15.
SIGNS ADJACENT TO LANDSCAPED FREEWAYS
Sections:
8-15.04 Prohibited Advertising Displays
8-15.05 Prohibited Advertising Displays: Removal
8-15.06 Permitted Advertising Displays
8-15.07 Permitted Advertising Displays: Building Permits: Applications: Fees
8-15.08 Permitted Advertising Displays: Building Permits: Applications: Approval
8-15.09 Permitted Advertising Displays: Certificates of Zoning Compliance
8-15.01 Title.
This chapter shall be known as the “Landscaped Freeway Law of the City of Emeryville.”
(Sec. 30.150, E.T.C., as added by Ord. 72-015; as renumbered by Sec. 10, Ord. 89-011, eff. Feb. 3, 1989; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-12.01)
8-15.02 Purpose.
The purpose of this chapter shall be to provide standards for the construction and removal of signs adjacent to landscaped freeways, freeways subject to the Highway Beautification Act of 1965 of Title 23 of the United States Code, highways subject to the Federal Aid to High-ways Act of 1958, and highways subject to the Collier Z-berg Act.
(Sec. 30.150, E.T.C., as added by Ord. 72-015; as renumbered by Sec. 10, Ord. 89-001, eff. Feb. 3, 1989; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-12.02)
8-15.03 Definitions.
For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Advertising display” shall mean a structure or sign maintained for outdoor advertising purposes but shall not include an official notice issued by a court, public body, or officer, a directional, warning, or information structure required or authorized by law, or a structure containing the name of the City, the County, or civic, fraternal, or religious organizations located within the City.
(b) “Freeway” shall mean a highway in respect to which the owners of abutting lands have no right to an easement of access to or from their abutting lands or in respect to which such owners have only a limited or restricted right or easement of access and which freeway is declared to be such in compliance with the Streets and Highways Code of the State.
(c) “Landscaped freeway” shall mean a section of a freeway which is, or hereafter may be, improved by the planting of lawns, trees, shrubs, flowers, or other ornamental vegetation, which shall require reasonable maintenance on at least one (1) side of the freeway right-of-way. Planting for the purpose of soil erosion control, traffic safety requirements, the reduction of fire hazards, or traffic noise abatement shall not change the character of a freeway to a landscaped freeway.
(Sec. 30.151, E.T.C., as added by Ord. 72-015; as renumbered by Sec. 10, Ord. 89-001, eff. Feb. 3, 1989; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-12.03)
8-15.04 Prohibited Advertising Displays.
No advertising display shall be placed or maintained on property adjacent to and within six hundred sixty feet (660') of a freeway if the advertising display is designed to be viewed primarily by persons traveling on such freeway.
(Sec. 30.152A, E.T.C., as added by Ord. 72-015; as renumbered by Sec. 10, Ord. 89-001, eff. Feb. 3, 1989; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-12.04)
8-15.05 Prohibited Advertising Displays: Removal.
Any advertising display which is, or hereafter may be, in violation of the provisions of Section 8-15.04 of this chapter shall be removed within three (3) years after the date the project for the landscaping of a section of a freeway shall have been completed or accepted, and the character of such section of a freeway shall have been changed from a freeway to a landscaped freeway.
(Sec. 30.153, E.T.C., as added by Ord. 72-015; as renumbered by Sec. 10, Ord. 89-001, eff. Feb. 3, 1989; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-12.05)
8-15.06 Permitted Advertising Displays.
The provisions of Section 8-15.04 of this chapter shall not apply to any advertising display if such display is used exclusively:
(a) To advertise the sale or lease of the property upon which such advertising display is placed;
(b) To designate the name of the owner or occupant of the premises upon which such advertising display is placed or to identify such premises; or
(c) To advertise the business conducted, or goods manufactured or produced, or services rendered upon the property upon which such advertising display is placed.
(Sec. 30.152B, E.T.C., as added by Ord. 72-015; as renumbered by Sec. 10, Ord. 89-001, eff. Feb. 3, 1989; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-12.06)
8-15.07 Permitted Advertising Displays: Building Permits: Applications: Fees.
No advertising display, as defined in subsection (a) of Section 8-15.03 of this chapter, may be erected, installed, altered, or relocated with-out a building permit. Applications for such permits shall be made to the City Engineer, and such applications shall be accompanied by the building permit fee set forth in Table No. 3-A of Section 303 of Chapter 3 of the Uniform Building Code.
(Sec. 30.154, E.T.C., as added by Ord. 72-015; as renumbered by Sec. 10, Ord. 89-001, eff. Feb. 3, 1989; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-12.07)
8-15.08 Permitted Advertising Displays: Building Permits: Applications: Approval.
All applications for building permits for advertising displays proposed to be located adjacent to a freeway shall be referred to the Planning Commission by the City Engineer and shall require the approval of the Planning Commission and the Council.
(Sec. 30.155, E.T.C., as added by Ord. 72-015; as renumbered by Sec. 10, Ord. 89-001, eff. Feb. 3, 1989; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-12.08)
8-15.09 Permitted Advertising Displays: Certificates of Zoning Compliance.
All applications for signs and advertising displays proposed to be located within six hundred sixty feet (660') of a freeway shall require a certificate of zoning compliance.
(Sec. 30.156, E.T.C., as added by Ord. 72-015; as renumbered by Sec. 10, Ord. 89-001, eff. Feb. 3, 1989; Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017. Formerly 8-12.09)