Commerce Municipal Code Ch. 12.12 Advertising Adjacent to Freeways

The general purpose of the regulations regarding advertising displays set forth in this chapter shall be to promote traffic safety, to protect persons and property values from damage due to indiscriminate and harmful use of advertising displays, and to preserve a pleasing and attractive appearance within the city and thereby foster orderly development to a high standard.

(Ord. 68 §2 (part), 1963; Ord. 64 §1 (part), 1962: prior code §7500).

As used in this chapter, certain terms are defined as follows:

(1) "Advertising structure" refers to a structure of any kind or character erected or maintained for outdoor advertising purposes on which any poster, bill, printing, painting, or other advertising of any kind whatsoever may be placed, including statuary.

(2) "Sign" refers to any card, cloth, metal, painted 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 publicly or privately owned, other than an advertising structure.

(3) Neither "advertising structures" nor "sign", as used in this chapter, includes:

A. Official notices issued by a 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 signs or structures required or authorized by law or by federal, state or municipal authority.

(4) "Advertising display" refers to advertising structures and to signs.

(5) "Freeway" means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands, or in respect to which the owners have only limited or restricted right or easement of access, and which is declared to be such in compliance with the Streets and Highways Code of the State of California.

(6) "To place", and all of its variants as applied to advertising displays, includes the maintaining and the erecting, constructing, posting, painting, printing, tacking, nailing, glueing, stitching, carving, or otherwise fastening, affixing or making visible any advertising display on or to the ground or any tree, bush, rock, fence, post, wall, building, structure or thing.

(7) "Landscaped freeway" means a section or sections of a freeway which is now or hereafter may be improved by the planting of, at least on one side of the freeway right-of-way, lawns, trees, shrubs, flowers or other ornamental vegetation which require reasonable maintenance.

Planting for the purpose of soil erosion control, traffic safety requirements, reduction of fire hazards or traffic noise abatement shall not change the character of a freeway to a landscaped freeway.

(Ord. 68 §2 (part), 1963; Ord. 64 §1 (part), 1962: Ord. 40 §1 (part), 1961: prior code §§7200 and 7501).

(a) No advertising displays of any kind shall be erected or located except those permitted in the various zones as provided by the zoning regulations in effect from time to time in the city.

(b) The provisions and regulations of this chapter shall apply only to advertising displays which are located within five hundred feet of the main traveled roadway of a freeway. "Main traveled roadway of a freeway" means that portion of a freeway, including interchange roadways connecting one freeway with another, which is designed for the movement of large volumes of vehicular traffic efficiently and safely at high speed, but not including service roadways, landscaped areas, or ingress or egress ramps connecting the freeway with other streets.

(Ord. 68 §2 (part), 1963; Ord. 64 §1 (part), 1962: prior code §7502).

The provisions of this chapter, except Section 12.12.120, shall not apply to any of the following listed advertising displays:

(1) Advertising displays used exclusively to advertise the sale or lease of the property on which the advertising display is placed;

(2) Advertising displays used exclusively to designate the name of the owner or occupant of the premises upon which the advertising display is placed, or to identify such premises;

(3) Advertising displays used exclusively to advertise the business conducted, or goods manufactured or produced, or services rendered upon the property upon which said advertising display is placed;

(4) Advertising displays so located that the matter displayed is not designed to be or is not clearly visible to persons in automobiles traveling upon a main traveled roadway of a freeway;

(5) Direction signs in connection with off-street parking and loading facilities;

(6) Signs of less than four square feet in area;

(7) Temporary signs denoting the architect, engineer, contractor or builder on the building site of any work under construction, alteration or removal; provided, however, that such signs shall be removed from the site within seven days after completion of the project.

(Ord. 68 §2 (part), 1963; Ord. 64 §1 (part), 1962: prior code §7503).

All advertising displays which are subject to the provisions of this chapter shall comply with the following rules and regulations:

(1) There shall not be exhibited, posted or displayed upon any advertising display any statement, words or signs of an obscene, indecent or immoral nature or any picture, illustration or delineation of any human figure in such detail as to offend public morality or public decency or any lewd or lascivious act or any other matter or thing of an obscene, indecent or immoral nature or offensive to the moral sense, or any murder, suicide, robbery, hold-up, stabbing, shooting, clubbing, or beating of any human being wherein any such act is shown in a revolting manner or in any manner objectionable to the moral sense.

(2) There shall not be used, operated or employed in connection with any advertising display any system of electrical hook up or connection, including, but not limited to any public address system, loud speaker system, sound amplifying system, whether the source thereof is from a human voice, recording, electrical transcription or musical tone, in conjunction with or attached to any advertising display, in such a manner as to permit or allow the sound emitted therefrom or transferred thereover, or carried through such system or systems to travel into, on or over a main traveled roadway of a freeway.

(3) There shall not be erected, constructed or maintained any advertising display with which or in conjunction with which any live animal or human being is used as part of the advertising value thereof to attract the attention of the public when such a live animal or human being is visible from a main traveled roadway of a freeway.

(4) No person shall use, operate or employ any stereopticon or motion picture machine in conjunction with or attached to any advertising display in such a manner as to permit or allow the images projected therefrom to be visible from a main traveled roadway of a freeway.

(5) No advertising display including the advertising matter thereon, shall imitate or simulate any official warning, stop, danger or directional sign.

(6) No advertising display shall be illuminated by flashing or moving lights, nor shall it be illuminated in such a way as to cause glare or light to be transmitted in detrimental or harmful concentrations onto adjoining properties or onto a main traveled roadway of a freeway. All artificial illumination shall be constant and shall not be increased or decreased in intensity nor changed as to color more frequently than once in any thirty minute period.

(7) No advertising displays shall have moveable parts visible from a main traveled roadway of a freeway, which moveable parts constitute more than thirty-five percent of the overall sign area.

(Ord. 68 §2 (part), 1963; Ord. 64 §1 (part), 1962: prior code §7504).

All advertising displays hereafter constructed or erected within five hundred feet from a main traveled roadway of a freeway shall comply with the following rules and regulations with regard to location:

(1) They shall not be spaced at intervals of less than two hundred feet; provided, however, that, for the purposes of this section, "V" type structures shall be considered to be one structure.

(2) They shall not be so located as to obstruct or impair, the view of pedestrians or motorists of pedestrian or vehicular traffic on an intersecting street.

(3) They shall not be located within two hundred feet from the exterior boundaries of any parcel of property which is devoted to public or quasi-public, recreational, educational, religious, cultural or administrative uses.

(4) They shall not be located within one hundred feet from the exterior boundaries of any parcel of property which is devoted, wholly or partially, to a residential use.

(5) They shall not be located within any area required as a yard pursuant to the zoning regulations of the city.

(6) Any advertising display of more than five hundred square feet in area shall be set back one additional foot from the building setback line for each ten square feet in excess of the five hundred square feet of sign area; provided, however, that the maximum required setback shall be forty feet.

(7) They shall be so located as to duly respect the rights of other neighboring uses of property.

(Ord. 68 §2 (part), 1963; Ord. 64 §1 (part), 1962: prior code §7505).

Notwithstanding the provisions of this chapter, the planning commission may, upon written application setting forth good cause therefor, permit advertising displays contrary to the provisions hereof. Allowance shall be made only upon a sufficient showing that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter and intent of this chapter. Each permit shall specify the height, width and location of the advertising display, the purpose thereof and the advertising matter to be permitted thereon, and the length of time during which the sign may be constructed and maintained. Any application for a permit under this section shall state fully the grounds of the applicant and all facts relied upon by the applicant for his application. No permit issued under this section shall be effective unless and until the permittee has filed with the city clerk a cash bond, or a corporate surety bond in a form approved by the city attorney, guaranteeing compliance with all conditions imposed by the permit, including the removal of such sign upon the expiration of the permit authorizing the same.

(Ord. 68 §2 (part), 1963; Ord. 64 §1 (part), 1962: prior code §7506).

All advertising displays and the ground area thereunder shall be kept in good repair and maintained in a neat and orderly manner.

(Ord. 68 §2 (part), 1963; Ord. 64 §1 (part), 1962: prior code §7507).

No person shall erect, construct, relocate or cause or permit to be erected, constructed or relocated any advertising display within five hundred feet of a main traveled roadway of a freeway without first having secured a written permit so to do from the planning commission. Any person desiring such a permit shall file with the planning commission an application therefor. At the time of such filing, he shall pay a fee of ten dollars for each advertising display. The planning commission shall review the plans, the proposed site if necessary, and shall make its finding within thirty-five days after the application is received by it, or longer if approved by mutual consent of both planning commission and applicant.

(Ord. 68 §2 (part), 1963; Ord. 64 §1 (part), 1962: prior code §7508).

If any person is dissatisfied with any determination of the planning commission made pursuant to the provisions of either Section 12.12.070 or 12.12.090, he may appeal in writing to the city council within twenty days after mailing by the planning commission of written notice to the applicant of the determination. The city council shall review the plans, and the proposed site if necessary, and shall make its finding and decision within thirty days after the appeal is filed, or longer if approved by mutual consent of both city council and applicant. The decision and determination of the city council shall be final.

(Ord. 68 §2 (part), 1963; Ord. 64 §1 (part), 1962: prior code §7509).

No advertising display heretofore erected which does not comply with the provisions of this chapter shall hereafter be repaired, altered or reconstructed except in conformity with this chapter. All advertising displays erected prior to or erected under a valid agreement so to do executed prior to the ordinance codified in this chapter shall be removed or made to conform with the provisions of this chapter within five years after the applicability of the provisions of this chapter thereto. The five year period may be extended by the planning commission for an additional period of not to exceed five years, pursuant to application made under Section 12.12.070, and subject to the criteria set forth in Section 12.12.070.

(Ord. 68 §2 (part), 1963; Ord. 64 §1 (part), 1962: prior code §7510).

(a) No advertising displays shall be placed or maintained on property adjacent to a section of freeway which has been or hereafter may be landscaped as defined herein, if the advertising display is designed to be viewed primarily by persons traveling on such landscaped section of a freeway.

(b) The provisions of (a) shall not apply to any of the following listed advertising structures or signs used exclusively:

(1) To advertise the sale or lease of the property on which said advertising display is placed.

(2) To designate the name of the owner or occupant of the premises upon which said advertising display is placed, or to identify such premises.

(3) To advertise the business conducted, or goods manufactured or produced, or services rendered upon the property upon which said advertising display is placed.

(Ord. 40 §1 (part), 1961: prior code §§7201 and 7202).

Any advertising structure or sign which is now or hereafter may be in violation of the provisions of Section 12.12.120 shall be removed within three years from the effective date of the ordinance codified in Section 12.12.120 and 12.12.130, or within three years from the date when the project for the landscaping of a section or sections of a freeway shall have been completed or accepted. The character of the section or sections shall have been changed from a freeway to a landscaped freeway, whichever is later.

(Ord. 40 §1 (part), 1961: prior code §7203).