San Diego Municipal Code Div. 3 Review Procedures for Previously Conforming Advertising Display Signs

(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

Signs

The purpose of these procedures is to establish controls that provide reasonable opportunity for maintenance of legally constructed advertising display signs while protecting the public through preserving a positive aesthetic character. The intent of these procedures is to clarify the status of advertising display signs that existed before July 19, 1983 and to identify rights respecting existing inventory of these previously conforming advertising display signs. (Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

This division shall not apply to the following advertising display signs:

(a) Any advertising display sign that is acquired by a governmental entity
through the use of eminent domain.

(b) Advertising display signs that meet all of the criteria of California Business
and Professions Code Section 5412, as set forth below. These displays may
be removed without compensation, as specified in California Business and
Professions Code Section 5412.1.

(1) The display is located within an area shown as residential in an
adopted community plan.

(2) The display is located within an area zoned for residential use.

(3) The display is not located within 660 feet from the edge of the
right-of-way of an interstate or primary highway with its copy visible
from the highway, nor is it placed or maintained beyond 660 feet from
the edge of the right-of-way of an interstate or primary highway with
the purpose of its message being read from the main traveled way.

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(4) The display is not required to be removed because of an overlay zone
or any other special zoning district whose primary purpose is the
removal or control of signs.

(5) The display is allowed to remain in existence for a period of 7 years
after July 19, 1983, or the date upon which it becomes applicable to
the display, and after giving notice of the removal requirement to the
display owner and the owner of the underlying property.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(a) Any advertising display sign that was lawfully erected before July 19, 1983 is considered a previously conforming advertising display sign.

(b) Any legally constructed advertising display sign located on a site is
considered a separate business use of that site and conformance of the
permitted use and of the advertising display sign shall be considered
independently.

(c) Maintenance, repair, rebuilding, or alteration of a previously conforming
advertising display sign where the construction would be less than or equal to
50 percent of assessed value and would not expand beyond the existing
structural envelope, is subject to review by the City Manager in accordance
with Process One. The applicant shall submit plans showing existing and
proposed site conditions.

(d) Maintenance, repair, rebuilding, or alteration of a previously conforming
advertising display sign where the construction would exceed 50 percent of
the assessed value of the existing advertising display sign, but would not
expand beyond the existing structural envelope, requires a Neighborhood
Development Permit.

(e) Any advertising display sign that is repaired or altered according to the
provisions of Section 127.0303(c) or (d) shall retain its previously conforming
status.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

Conforming Advertising Display Sign

(a) An application for a Neighborhood Development Permit for maintenance,
repair, rebuilding, alteration, or improvement of an existing previously

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conforming advertising display sign may only be approved within the CC-5-2,
IL-3-1, IL-2-1, or IH-2-1 zones.

(b) An application for a Neighborhood Development Permit for maintenance,
repair, rebuilding, alteration, or improvement to an existing previously
conforming advertising display sign shall not be approved on a site or
premises that is:

(1) Located within the Coastal Overlay Zone;

(2) Located within 660 feet when the display is visible from the edge of
the right-of-way of a landscaped freeway as designated by the
California Department of Transportation;

(3) Located within 660 feet when the advertising display sign is visible
from the edge of the right-of-way of a freeway or highway designated
as a Scenic Highway or City Scenic Route as described by the
Progress Guide and General Plan;

(4) Located within 200 feet of any premises zoned for residential purposes
or containing a school, church, or similar place of worship; a historical
site or building; a cemetery or similar place of internment; a public or
private park; or an outdoor recreational facility;

(5) Located within 500 feet of any other advertising display sign on the
same side of the same street;

(6) For purposes of (2) and (3) above, measurements shall be made from
the edge of the right-of-way along a line perpendicular to the center
line of the highway; and

(7) For purposes of (4) and (5) above, measurements shall be made along
the center line of the street from which the display is designed to be
primarily viewed, from a line perpendicular to the center line of that
street passing through the nearest edge of the existing sign or premises
to a line perpendicular to the center line passing through the nearest
edge of the sign as reconstructed. This section shall not be interpreted
so as to require measurement on a radial basis.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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Rebuilding of an advertising display sign shall comply with the following:

(a) The sign face of a rebuilt advertising display sign shall be no larger than the
sign face of the original advertising display sign. Flashing lights and rotating
or revolving signs are not permitted;

(b) A rebuilt advertising display sign shall not exceed 45 feet in height, measured
to the top of the advertising display sign from the ground level or from the
level of the roadbed from which the advertising display sign is designed to be
viewed;

(c) A rebuilt advertising display sign shall comply with all setback and yard
requirements of the applicable zone; and

(d) A rebuilt advertising display sign shall be mounted or built with no more than
two supporting posts.
(Added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

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