Hawthorne City Zoning Code
CHAPTER 17
88 FREEWAY OVERLAY ZONE
§ 17.88.010 Purpose.
Billboards are recognized as a legitimate form of commercial advertising in the city. However, the size, number, location and illumination of billboards can have significant influence on the city's visual character, and can, without appropriate control, create or contribute to visual blight conditions. The purpose of this chapter is to establish an overlay zone where new billboards may be constructed and existing billboards may be relocated and constructed subject to reasonable controls, while recognizing that community appearance is an important factor in ensuring the general community welfare. Nothing herein shall affect the right of any billboard in existence as of the date that this chapter becomes effective to continue to exist pursuant to an agreement or as a legal nonconforming use to be maintained pursuant to such agreement or in conformance with this title.
(Ord. 2122 § 7, 2016)
§ 17.88.020 Establishment of freeway overlay zone.
A new freeway overlay zone for the establishment of new and relocated billboards is hereby established as shown on the approved freeway overlay zone map approved by the city council on September 13, 2016.
(Ord. 2122 § 7, 2016)
§ 17.88.030 General requirements.
A.
The requirements of this chapter shall apply to any project involving installation or construction of a new or relocated billboard, or the expansion, modification, or digitization of an existing billboard within the freeway overlay zone, or the addition of additional face(s) to an existing billboard within the freeway overlay zone. Billboards shall be permitted in the freeway overlay zone only after an agreement has been negotiated and executed between the billboard operator and city and a permit has been issued in accordance with the terms of this chapter. The agreement may include compensation to be paid to the city or the provision of other public benefits to be provided as a result of the installation and operation of any billboard or modification of an existing billboard within the freeway overlay zone.
An existing billboard or digital billboard in existence on the effective date of the ordinance codified in this chapter pursuant to a prior agreement (including any amendments or extensions thereof) or other lawful permit may be relocated and rebuilt only within the freeway overlay zone. All billboards constructed within the freeway overlay zone shall comply with this chapter and all applicable requirements of the California Business and Professions Code and the California Code of Regulations.
B.
In accordance with California Business and Professions Code, Section 5440 new billboards not associated with relocation as described in subsection C shall be allowed only in those portions of the freeway overlay zone not designated as "landscaped freeways" pursuant to California Business and Professions Code, Section 5216.
C.
In accordance with California Business and Professions Code, Section 5443.5, relocated billboards shall be allowed only in the freeway overlay zone and shall not be permitted in any location which would result in violation of any applicable federal, state or local law. Billboards to be relocated in the freeway overlay zone may originate in areas outside the freeway overlay zone or outside the city's boundaries, provided the agreement required by this chapter documents their location and removal, and the benefits associated with such relocation. An owner or entity proposing an agreement for relocation shall establish that the relocated billboard meets one or more of the following eligibility requirements:
1.
The billboard proposed for complete demolition and relocation is the subject of any eminent domain action or threat of eminent domain action by a legally created public entity possessing eminent domain/condemnation authority and provides public benefits for such relocation; or
2.
The applicant chooses to completely demolish and relocate an existing billboard, including a legal nonconforming billboard, to a more suitable location within the freeway overlay zone so as not to conflict with the proposed development or redevelopment of the property and provides public benefits for such relocation as negotiated in the agreement; or
3.
The applicant chooses to completely demolish and relocate an existing billboard, including a legal nonconforming billboard, to a more suitable location within the freeway overlay zone that lessens the overall negative aesthetic impacts on the city and its residents and provides public benefits for such relocation; or
4.
The applicant has previously removed and completely demolished one or more billboards and maintains credits for such removal by the California Department of Transportation pursuant to California Business and Professions Code, Section 5443.5; or
5.
The applicant proposes to enhance, improve and modify an existing billboard already established within the freeway overlay zone for the purpose of modernizing and improving the aesthetic appearance of such billboard.
D.
In the event of any conflict between any provision contained in this chapter and any other provisions contained elsewhere in this code, the provisions of this chapter shall govern.
E.
No billboard shall be approved and no existing billboard shall be modified without the applicant first providing proof of legal or equitable interest in the site proposed for relocation or modification, including, but not limited to, a lease, easement or other entitlement, demonstrating the right to install and operate the billboard on the subject property. Information to be provided shall include the written consent of the property owner if not readily ascertainable from the foregoing documents.
F.
No billboard shall be approved or modified, and no billboard may be maintained, unless a designated maintenance service is available twenty-four/seven, by telephone, to be contacted and to respond in the event a billboard becomes damaged or dilapidated.
G.
All billboard agreements shall include requirements that applicants obtain all additional federal and/or state permits for installation. Nothing contained in this chapter shall require the city to negotiate and/or approve an agreement on terms that are unacceptable to the city council.
H.
Physical Requirements.
1.
The minimum distance between two or more billboards placed within the freeway overlay zone or between billboards and the freeway right-of-way shall be the same as the minimum distance and separation criteria established by the California Department of Transportation (Caltrans). All distances shall be measured from the vertical centerline of each billboard face.
2.
All utilities for each billboard shall be underground.
3.
No billboard shall have more than one face (display surface) oriented in the same vertical plane.
4.
All billboards shall plainly display, and be visible from no less than one hundred feet, the name of the person or company owning or maintaining it and the billboard identification number.
5.
Billboards projecting over a driveway or driving aisle shall have a minimum clearance of sixteen feet between the lowest point of the sign and the driveway grade. Billboards shall comply with any California Department of Transportation requirements for placement and operation. No part of any billboard shall cross onto an adjacent property.
6.
Billboards projecting over a pedestrian walkway shall have a minimum clearance of eight feet between the lowest point of the sign and the walkway grade.
7.
All billboards not projecting over drive areas or pedestrian walkways shall have a minimum clearance of eight feet between the lowest point of the billboard and ground level.
8.
All billboard structures shall be free of any visible bracing, angle iron, guy wires, cable, and/or similar supporting elements. All exposed portions of new billboards, including backs, sides, structural support members and support poles, shall be screened to the satisfaction of the director of planning and community development.
9.
All billboards shall be placed at least one hundred feet from any single-family residential zone or single-family residential use. The measurement shall be from the closest edge of the billboard to the closest edge of the single-family residential zone or closest property line on which a single-family residential use is located.
10.
The maximum height of billboards has not been set to account for the grade differences of the freeways and to allow billboards to be designed to ensure freeway visibility. Height will be controlled through the billboard agreement and will be based upon the maximum necessary to ensure reasonable freeway visibility and minimize view and glare impacts on surrounding residential properties. If requested, the city will secure the services of a licensed engineer or architect to perform a viewshed analysis. The viewshed analysis will be funded by the applicant and will show the optimum height for visibility as well as address view impacts to adjacent residential uses.
I.
Operational Requirements.
1.
No billboard shall display any statement or words of an "obscene, indecent, or immoral character," as that phrase is used in Business and Professions Code Section 5402 and judicial decisions interpreting the same.
2.
Each digital billboard shall be connected to the National Emergency Network and provide emergency information, including child abduction alerts (i.e., "Amber Alerts"), in accordance with local and regional first responder protocols.
3.
Digital billboard operating criteria:
a.
Each static message shall not include flashing lights or the varying of light intensity.
b.
Minimum Display Time. Each message on the sign must be displayed for a minimum of four seconds.
c.
Digital billboards shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at a pre-set distance.
d.
Pre-set distances to measure the foot candles impact vary with the expected viewing distances of each size sign and shall comply with the following:
Nominal Face Size | Distance to point of measurement |
|---|---|
12′ x 25′ | 150′ |
10′6″ x 36′ | 200′ |
14′ x 48′ | 250′ |
20′ x 60′ or 25′ x 48′ | 350′ |
e.
Each digital billboard must have a light sensing device that will adjust the brightness as ambient light conditions change.
4.
Each digital billboard shall be designed and required to freeze the display in one static position, display a full black screen, or turn off, in the event of a malfunction.
5.
Walls or screens at the base of the billboard shall not create a hazard to public safety or provide an attractive nuisance and shall be continually maintained free from graffiti.
6.
Billboards shall not be operated in such a fashion as to constitute a hazard to safe and efficient operation of vehicles on streets or freeways and shall comply with all applicable local, state, and federal laws and regulations. Digital billboards when operated in accordance with the operating criteria in subsection above and static billboards operated pursuant to local, state and federal law shall be deemed to be in compliance with this subsection and all requirement of the California Department of Transportation.
7.
No billboard shall simulate or imitate any directional, warning, danger or information sign, or any display likely to be mistaken for any permitted sign intended or likely to be construed as giving warning to traffic, by, for example, the use of the words "stop" or "slow down."
8.
No billboard shall involve any red or blinking or intermittent light likely to be mistaken for warning or danger signals nor shall its illumination impair the vision of travelers on the adjacent freeway and for roadways. Digital billboards when operated in accordance with the operating criteria in subsection (I)(4) shall be deemed to be in compliance with this subsection.
(Ord. 2122 § 7, 2016; Ord. 2142 § 4, 2017)
§ 17.88.040 Application requirements-Review procedures.
A.
Application requirements. In addition to the application requirements for the permit required by Section 17.35.040, a person or entity wishing to completely demolish and relocate an existing nonconforming billboard or modify an existing billboard within the freeway overlay zone shall submit a request in writing for approval of an agreement that includes the following:
1.
The name, address phone number and other contact information of the person or entity proposing the agreement.
2.
Identification of the location proposed for a new or relocated or modified billboard and the billboard(s) being permanently removed, where applicable.
3.
Information that establishes that the person or entity proposing the agreement has legal or equitable interest in the billboard being removed or modified and the site proposed for relocation or placement.
4.
Conceptual design drawings for the billboards that includes technical specifications to determine the billboard's compliance with this chapter.
5.
An explanation of the compensation to be paid or public benefits to be provided to the city.
6.
The application must include photos of all existing signage or architectural renderings and elevations of proposed billboards as well as a scaled plot plan and elevations showing the locations of all existing structures and improvements on the property, and the proposed billboard.
7.
The applicant must pay a filing fee in accordance with an approved resolution. This fee shall be in addition to any other required fees for permits relative to the development of the property and shall be for the purpose of defraying the costs associated with city review and action on the application.
B.
Review Process. All agreements shall be reviewed by the planning commission at a duly noticed public hearing. The public hearing shall be noticed in the same way that conditional use permits and variances are noticed pursuant to Section 17.060.050 of the Hawthorne Municipal Code. The planning commission shall review the agreement and, after a duly noticed public hearing, make a recommendation to city council, based on current development standards, the location of the proposed relocated or modified billboard and whether the proposed relocated or modified billboard meets the findings contained in this section.
At a city council meeting held no later than forty-five days after the planning commission makes its recommendation, the city council shall review and consider the agreement, at a duly noticed public hearing. The hearing before the city council shall be noticed pursuant to Section 17.06.050 of the Hawthorne Municipal Code and may be continued from time to time. In order to approve a request for an agreement, the city council shall make the following findings for approval of an agreement:
1.
The proposed agreement is consistent with the goals, objectives, purposes and provisions of the general plan, the Development Code and any applicable specific plans;
2.
The proposed installation site is compatible with the uses and structures on the site and in the surrounding area;
3.
The proposed billboard would not create a traffic or safety problem, including problems associated with on-site access circulation or visibility;
4.
The proposed billboard would not interfere with on-site parking or landscaping required by city ordinance or permit;
5.
The proposed billboard would not otherwise result in a threat to the general health, safety and welfare of city residents; and
6.
The proposed billboard, in addition to its aesthetic treatment, provides public benefits that would not otherwise accrue to the public in the absence of its installation.
(Ord. 2122 § 7, 2016)
§ 17.88.050 Violations.
Violations of this chapter may be prosecuted in accordance with all remedies contained in Title 1 of this code.
(Ord. 2122 § 7, 2016)