Division IV — NONCONFORMING BILLBOARDS

It is the intent of this Chapter to require the eventual elimination of existing billboards which do not conform to the provisions of this Chapter, as allowed by the Outdoor Advertising Act. It is also the intent of this Chapter to ensure that the elimination of nonconforming billboards occurs as expeditiously and fairly as possible and avoids any unreasonable invasion of established property rights. Therefore an amortization program is established as allowed under the Outdoor Advertising Act (Section 5412 et seq., of California Business and Professions Code).

(ORD-14-0006 § 1, 2014)

A.

A nonconforming billboard shall be removed if the billboard meets the criteria set forth in Subsection 21.54.420.B. Any billboard meeting these criteria is allowed to remain in existence seven (7) years after notice to remove nonconforming billboard has been issued, in order that the value of the billboard may be amortized. The adoption of this Section and Chapter shall not have the effect of extending the time in which a billboard shall be removed if written notice of removal was given prior to the effective date of this Section and Chapter.

B.

Criteria. A billboard shall be removed if:

The billboard is located within an area identified as residential on the general plan land use map; and

2.

The billboard is located within an area zoned for residential use.

(ORD-14-0006 § 1, 2014)

Subject to the removal requirements set forth in Section 21.54.420, a nonconforming billboard use may be continued and change of billboard copy shall not be prohibited, provided that:

A.

The billboard, including copy, is maintained in good repair; and

B.

The billboard is not enlarged, and additional faces are not erected on the billboard structure.

(ORD-14-0006 § 1, 2014)

21.54.440 - Repair.

A legal nonconforming billboard may be repaired, provided that: a building permit is obtained for the repair.

(ORD-14-0006 § 1, 2014)

21.54.450 - Nonconforming billboards—Replacement.

Catastrophic Damage. A nonconforming off-premises sign which is damaged by accident, storm, earthquake, other forces of nature, fire or act of vandalism, sabotage or warfare to an extent too great to be repaired shall not be replaced at a site where it is a nonconforming use, but may be relocated to a site where it is a conforming use, subject to the following:

A.

The billboard shall be of the same size or smaller, with the same number of faces or fewer, and the billboard shall not be an electronic billboard if the destroyed billboard was not an electronic billboard. A conditional use permit shall be required in accordance with Section 21.54.111, and the removal requirements of Section 21.54.160 shall apply, if the replacement does not comply with this Subsection;

B.

All development standards of this Chapter and Title shall be met, excepting the conditional use permit requirements of Section 21.54.111, and the removal requirements of Section 21.54.160;

C.

A building permit shall be obtained;

D.

In cases of uncertainty as to the extent of damage to the billboard, the Long Beach Building Official shall be authorized to determine if the billboard is catastrophically damaged; and

E.

It shall be the responsibility of the billboard owner or the property owner to remove the catastrophically damaged billboard within ten (10) days of the date of catastrophic damage.

(ORD-14-0006 § 1, 2014)

CHAPTER 21.56 - WIRELESS TELECOMMUNICATIONS FACILITIES[[11]]

Footnotes:

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Editor's note— ORD-18-0012 § 1, adopted May 1, 2018, amended Ch. 21.56 in its entirety to read as herein set out. Former Ch. 21.56, §§ 21.56.010—21.56.160, pertained to similar subject matter, and derived from: ORD-11-0011 § 8, 2011; and ORD-17-0008, § 1, adopted May 2, 2017.