Sec. 16-609. FREEWAY ADJACENT DIGITAL DISPLAY BILLBOARDS.

(A) Before a freeway adjacent digital display billboard may be installed within the city, the applicant must first obtain a special use permit (SUP) granted in accordance with sections 16-530 to 16-553 and enter into a statutory development agreement with the city that addresses the terms and conditions of any approved freeway adjacent digital display billboard, including but not limited to message cycling, light intensity, and any annual payments, if any, to be paid to the city. Both the SUP and the development agreement are subject to the approval of the city council, following a recommendation by the commission.

(B) In addition to the findings required by the Oxnard City Code for granting a SUP, freeway adjacent digital display billboards approved pursuant to this section 16- 609 shall be subject to the following limitations:

(1) Location. Freeway adjacent digital display billboards may only be erected on City of Oxnard owned property or right-of-way, in any non-residential zones located

within 400 feet of the freeway right-of-way for U.S. Highway 101. The total number of freeway adjacent digital display billboards shall not exceed a total of four within the city.

(2) Distance from residential uses. No freeway adjacent digital display billboard may be placed at a distance of less than 100 feet from the property line of any residentially zoned parcel, as measured from the border of the digital display billboard face, or the base of the digital display billboard structure, whichever is closest to the residentially zoned parcel.

(3) Height. The maximum height of any freeway adjacent digital display billboard shall not exceed 55 feet as measured from the pavement level of U.S. Highway

101 to the bottom of the digital display. The maximum height to the top of the freeway adjacent digital display billboard shall not exceed 80 feet as measured from the pavement level of U.S. Highway 101.

(4) Size and spacing. The maximum size of each freeway adjacent digital display billboard face display area shall be 14 feet in height and 48 feet in width, with the

area of each face not to exceed an overall maximum amount of 850 square feet, including border and trim. Each freeway adjacent digital display billboard shall be separated from every other freeway adjacent digital display billboard by at least 2,000 feet.

(5) Design. All freeway adjacent digital display billboards shall either be double faced or include covered backs or facings. All interior equipment shall be screened

from public view.

(6) Orientation. Each freeway adjacent digital display billboard must be oriented primarily for viewing from the adjacent freeway.

(7) Brightness. All freeway adjacent digital display billboards will not exceed 0.3 foot-candles over ambient levels at a distance of 250 feet in any direction. Illuminance can be measured by using a foot-candle meter held at a height of approximately five feet and aimed toward a sign consistent with the sign-to-viewer distance. All freeway adjacent digital display billboards shall comply with all applicable laws and regulations concerning brightness, including, without limitation, California Building and Professions Code Section 5403(g) and California Vehicle Code Section 21466.5.

(8) Display cycle. A freeway adjacent digital display billboard may show a series of still images, each displayed for at least eight seconds. The still images may not

move or present the appearance of motion and may not use flashing or blinking lights or any other means not providing constant illumination. Transition or blank screen time between one still image and the next may not exceed one second.

(9) Compliance with law. The owner of the freeway adjacent digital display billboard must comply with all applicable federal, state, and local laws, including the

Highway Beautification Act of 1965 (23 U.S.C. Section 131), the Outdoor Advertising Act (California Business and Professions Code Section 5200 et seq.), and this Article IX, when constructing, operating, improving, maintaining, repairing, and removing the freeway adjacent digital display billboard.

(10) Required finding of public benefit. In approving a development agreement for any freeway adjacent digital display billboard, the city council must find that the

development agreement will confer substantial public benefit to the city and to the general public. Such public benefits may include, without limitation, the removal of legal non-conforming billboards, advertising of city events and public service announcements, and/or annual financial contributions to the city.

(11) Required findings. In addition to the finding required for granting a SUP under section16-531, in approving a special use permit for a freeway adjacent digital

display billboard, the decision maker must also find that it:

(a) Complies with the requirements of this section 16-609 and this chapter;

(b) Will not create a significant traffic or other public safety hazard;

(c) Will be of appropriate size, scale, and design for the area in which it will be located; and

(d) Will be of high quality in appearance, design, and construction, and will be subject to conditions, as appropriate, governing its design and operation.

(Ord. 3023)