§ 18.78

The purpose of this section is to provide procedures for the eventual removal of existing signs: (1) not in conformity with the regulations of Chapters 18.72 through 18.76, and (2) rendered nonconforming by prior versions and amendments to provisions regulating the placement of commercial signs within the city. Removal of nonconforming signs is equally important to the goal of improving the aesthetic value of the community areas as is the regulation of new signs.

(Ord. 2900 § 7 (part), 2007)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.78.010 - Definitions.

The following shall have the meanings set forth in this section:

A.

"Abandoned sign" means a sign remaining in place or not maintained for a period of ninety days, whose use has ceased, or which no longer advertises or identifies an ongoing business, product, or service available on the business premises where the sign is located.

B.

"Amortization period" means twenty-five years from the effective date of Ordinance 2900 codified in this chapter that resulted in a sign first becoming nonconforming.

C.

"Appellant" means the person who files any appeal pursuant to the provisions of this chapter.

D.

"Commission" means the planning commission.

E.

"Council" means the city council.

F.

"Director" means the director of community development for the city of Whittier. "Director" shall also include his/her designee.

G.

"Fair and just compensation" means:

1.

Fair and just compensation consists of the fair market value of an on-premises sign that has been designed, constructed, created, intended, or engineered to have a useful life of fifteen years or more, at the time that the city requires its removal. The fair market value of a sign is determined according to Section 5492 or 5493 of the California Business & Professions Code.

2.

Compensation is calculated as of the date the sign is removed.

H.

"Illegal sign" means any sign erected without first complying with all ordinances and regulations in effect at the time of its construction and erection or use.

I.

"Nonconforming" means a sign that was lawfully established prior to the effective date of the ordinance codified in this chapter, and which conforms with a building permit, conditional use permit, or sign plan review approval issued prior to the effective date of the ordinance codified in this chapter but does not conform to all the applicable regulations in Chapters 18.72 through 18.76 and this chapter.

J.

"Notice" means where notice is required under this chapter, other than notice of a hearing decision, the date of the giving of such notice shall be the date of personal service thereof, or the date of its deposit in the course of transmission in the United States Postal Service.

K.

"Order" means an order of abatement, issued by the director.

L.

"Owner" means: (i) the person who is the record owner of the fee interest in the property to which an order relates, as shown on the latest assessor's roll, or as shown in a title report issued by a qualified title company; (ii) any person who is entitled to possession of such property; (iii) any person who is legally responsible for the business to which an order relates; or (iv) any person who is legally responsible for the sign to which an order relates.

(Ord. 2900 § 7 (part), 2007)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.78.020 - Applicability—Exception—Purpose.

A.

The provisions of this chapter apply exclusively to the abatement of all signs rendered nonconforming by reason of the application of Chapters 18.72 through 18.76 and this chapter.

B.

Exception. Exemption from the amortization provisions in this chapter exists if application of these provisions would unconstitutionally interfere with the investment backed expectations of the business to which the sign relates.

C.

Burden of Proof. Sign owners must show, by clear and convincing evidence, that the exception applies. "Clear and convincing evidence" means evidence of such convincing force that it demonstrates, in contrast to the opposing evidence, a high probability of the truth of the fact(s) for which it is offered as proof. The sign owner seeking the exception must also show, by clear and convincing evidence, the actual useful life of the sign at the end of which period the sign will be removed or brought into compliance with all the applicable provisions of this code.

D.

Procedure. Sign owners seeking an exception under this section must file for a minor variance at least ninety days prior to the termination of the amortization period of twenty-five years from the effective date of the Ordinance 2900 initially codified in this chapter, according to the procedures articulated in Chapter 18.58 (Zoning Administrator) of this code.

E.

Purpose. The purpose of this section is to provide sign owners with a procedure to seek an exception only where unique circumstances exist, which make the application of this chapter unreasonable. An application should only be submitted when a sign owner has sufficient evidence to demonstrate that the exception applies.

F.

Effect of Exception. Any exception will apply to a particular sign until the expiration of the period shown, by clear and convincing evidence, to be the useful life of the sign beyond the amortization period set forth in this chapter. When that additional period expires, the sign must be removed or brought into compliance with all applicable codes. No further exception as to that sign shall be granted.

(Ord. 2900 § 7 (part), 2007)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Where any sign located upon any lot in the city rendered nonconforming by reason of the application of Chapters 18.72 through 18.76 and this chapter, the following regulations apply to the construction and installation of any new sign upon such lot.

A.

Signs in Residential Zones. No new freestanding sign shall be installed on any lot classified in zones R-E, R-1, R-2, R-3, R-4, or R-5 if any nonconforming sign is located upon such lot.

B.

New Signs in MU, C, INV, MED or M Zones. Notwithstanding the existence of a nonconforming sign on any lot classified in the MU, C, INV, MED or M zones, new signs may be located upon any such lot, provided that such signs comply, in all respects, with the provisions of Chapters 18.72 through 18.76 and this chapter including the following:

1.

Existing nonconforming signs, including freestanding signs, shall be removed when a new development project or major renovation of the property is proposed.

2.

New freestanding signs proposed in conjunction with minor renovation of a property where a nonconforming sign is located, shall comply with the provisions of Chapters 18.72 through 18.76 and this chapter, including but not limited to, Section 18.76.060.

3.

Wall Signs. New wall signs on a property with an existing nonconforming prohibited sign may be installed on any lot subject to compliance with the provisions of Chapters 18.72 through 18.76.

4.

Projecting Signs. New projecting signs may be erected on a property with an existing nonconforming prohibited sign subject to the provisions of Chapters 18.72 through 18.76.

C.

Window Signs. Window signs are permitted on any building within an MU, C, or r M-zoned lot pursuant to the provisions of Section 18.76.020.

D.

No person may erect or install any sign on any lot after the use to which it relates has been removed, discontinued, or abandoned.

(Ord. 2900 § 7 (part), 2007)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.78.040 - Amortization period and procedures.

A.

All permanent on-premises signs that have been designed, constructed, created, intended, or engineered to have a useful life of fifteen years or more, and which are rendered nonconforming by the enactment of these provisions, must be rendered conforming or be removed entirely within twenty-five years of the effective date of these provisions.

B.

In the event that the director, upon notice, requires abatement of a nonconforming sign designed, constructed, created, intended, or engineered to have a useful life of fifteen years or more prior to the expiration of the amortization period, not in association with a development project, the director must provide the owner with fair and just compensation for the value of the sign.

C.

Upon the effective date of the ordinance codified in this chapter, the amortization period for all signs rendered nonconforming by the enactment of this chapter begins to run. Publication of this chapter constitutes notice of the start of the amortization period. The director may, at his/her sole discretion, provide additional written notice of the above to individual owners of on-premises signs. Under no circumstances does the failure by the director to provide written notice to individual advertising display owners extend the amortization period in any way whatsoever.

D.

Any on-premises sign approval and/or conditional use permit issued by the director, or by any other official or department, at any time prior, or subsequent, to the effective date of the ordinance codified in this chapter does not extend the amortization period in any way whatsoever.

E.

Owners of existing on-premises signs may request a determination of nonconforming status from the planning division. Each request must contain the same information required for a permit application, as outlined in Sections 18.75.010 and 18.75.020. The planning division must make its determination within thirty days of receipt of the completed request.

F.

A determination of nonconforming status may be appealed following the procedures outlined in Sections 18.78.120 through 18.78.160, below. Such an appeal must be filed within sixty days of the planning division's notice of determination. Failure to timely request a determination of nonconforming status or to timely appeal such a determination conclusively waives these rights.

G.

Neither the request for determination of nonconforming status, nor the appellate process that may result therefrom, extends or tolls the amortization period in any way whatsoever.

H.

Owners of on-premises signs are responsible to ensure that all nonconforming signs are entirely removed or rendered conforming by the date the amortization period expires. Every day thereafter that a nonconforming sign continues to be displayed may make the owner of the sign subject to administrative citation, the amount of which shall be determined by the director, based upon the size of the sign, but in no event to exceed five hundred dollars per day. Administrative citation fees may be applied retroactively to the first day following the expiration of the amortization period.

I.

In the event the nonconforming sign is not removed or rendered conforming by the expiration of the amortization period, upon notice the director has the authority to remove, or to require the removal of, the sign within seven days of such notice. The owner of the sign is responsible for the cost of removal, as well as for any administrative citations incurred after the effective date of the ordinance codified in this chapter.

(Ord. 2900 § 7 (part), 2007)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

A.

The director, at his/her sole discretion and upon notice, may require the removal, without compensation, of any sign, as follows:

1.

An illegal sign, as defined in Section 18.78.010(G).

2.

All permanent on-premises signs that the director finds have not been designed, constructed, created, intended, or engineered to have a useful life of fifteen years or more must be rendered conforming or be removed entirely upon notice by the city or within one year of the effective date of the ordinance codified in this chapter, whichever comes first.

3.

A sign which was lawfully erected anywhere within the territorial boundaries of the city but whose use has ceased, or the structure upon which the sign stands has been abandoned by its owner, for a period of not less than ninety days.

4.

Any sign which has been more than fifty percent destroyed, and the destruction is other than facial copy replacement, and the sign cannot be repaired within thirty days of the date of its destruction.

5.

Any sign whose owner, outside of a change of copy, requests permission to remodel and remodels that advertising display, or expands or enlarges the building or land use upon which the advertising display is located, and the display is affected by the construction, enlargement, or remodeling, or the cost of construction, enlargement, or remodeling of the advertising display exceeds fifty percent of the cost of reconstruction of the building.

6.

Any sign whose owner seeks relocation thereof and relocates the sign.

7.

Any sign for which there has been an agreement between the sign's owner and the director, for its removal as of any given date.

8.

Any sign that is or may become a danger to the public or is unsafe.

9.

Any sign that constitutes a traffic hazard not created by relocation of streets or highways or by acts of the city or the county.

B.

Costs incurred in removing a sign pursuant to this section may be charged to the owner of the sign.

(Ord. 2900 § 7 (part), 2007)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.78.060 - Compliance with sign code as condition of permit approval.

A.

Any existing legal nonconforming sign may be required to be brought into compliance with current applicable code requirements, or removed as a condition of approval of any redevelopment, conditional use, or other approval required under any provision of the Whittier Municipal Code for the same property where the nonconforming sign is located, so long as a nexus exists between the permit or approval and the sign that must be removed or brought into compliance.

B.

No city department or division shall deny, refuse to issue, or condition the issuance of a business license or a permit to construct a new legal on-premises advertising display upon the removal, conformance, repair, modification, or abatement of any other on-premises advertising display on the same real property where the business is to be or has been maintained if both of the following apply:

The other display is located within the same commercial complex, which is zoned for commercial occupancy or use, but at a different business location from that for which the permit or license is sought.

2.

The other display is not owned or controlled by the permit applicant, and the permit applicant is not the agent of the person who owns or controls the other display.

C.

The permit applicant shall receive fair and just compensation for any nonconforming sign that was designed, constructed, created, intended, or engineered to have a useful life of fifteen years or more if the city requires such sign to be removed or upgraded as a condition of permit approval for any new sign on the property, when the initial amortization period of fifteen years for the legal nonconforming sign has not yet expired.

(Ord. 2900 § 7 (part), 2007)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Any nonconforming sign which is removed, destroyed, or relocated at any time after the effective date of this ordinance, may not be replaced, reconstructed, or relocated except in compliance with the provisions of Chapters 18.72 through 18.76 and this chapter.

(Ord. 2900 § 7 (part), 2007)

(Ord. No. 2932, § 22, 8-11-09; Ord. No. 3159, § 3(Exh. A), 11-12-24)

18.78.080 - Repair and maintenance—Conditions.

A.

Ordinary Repair and Maintenance. The ordinary repair and maintenance of a nonconforming sign or sign structure is permitted; provided, that the cost thereof shall not exceed, in any consecutive twelve-month period, an aggregate total equal to twenty-five percent of the replacement value of the sign structure, as estimated by the manager.

B.

Eminent Domain. The repair, reconstruction, or remodeling of any sign or sign structure is not permitted where a part of such structure is taken for any public use by condemnation, dedication, or purchase by any agency having the power of eminent domain, unless such repair, reconstruction, or remodeling will result in such sign and/or sign structure complying with the provisions of Chapters 18.72 through 18.76 and this chapter.

C.

Partial Destruction. Where any nonconforming sign is damaged or partially destroyed by any casualty, the same may be restored to the condition in which it existed immediately prior to the occurrence of such casualty. A nonconforming sign may not be replaced or restored to its nonconforming status if it has been more than fifty percent destroyed.

D.

Portable and Temporary Signs. Repair, maintenance, and/or reconstruction of portable or temporary signs or sign structures are not permitted.

(Ord. 2900 § 7 (part), 2007)

(Ord. No. 3159, § 3(Exh. A), 11-12-24)

Accomplishment of any work on a nonconforming sign or sign structure allowed under this chapter does not extend the amortization period for that sign or sign structure in any way whatsoever.

(Ord. 2900 § 7 (part), 2007)

18.78.100 - Abatement procedure.

A.

Where the director finds that the amortization period has expired with respect to a nonconforming sign that has been designed, constructed, created, intended, or engineered to have a useful life of fifteen years or more, the director shall issue a written order of abatement, and give notice thereof. Alternatively, the director may issue an order at any time prior to the expiration of the amortization period for such a nonconforming sign, and the notice shall inform the owner that he/she is entitled fair and just compensation for the value of the sign.

B.

Notice. Upon issuance of an order, the director must forthwith give written notice of the order by depositing a copy of the order with the United States Postal Service, addressed to the person in possession of the property to which the order relates, postage prepaid to the address provided in the appeal. Alternatively, the director may personally serve such person with copies of the order.

C.

The order must contain a description of the property affected, the names of the owners and/or persons in possession thereof, the basis for the order, and the time within which the usage must terminate.

D.

The order is deemed final thirty days after the date of the notice, unless an appeal is filed.

E.

The nonconforming sign that is the subject of the order must be removed within the time specified in the order, which may not exceed sixty days from the date the order is placed in the U.S. mail.

F.

If the sign is not removed within the time provided for by the order, the director will arrange for its removal, and the owner or person(s) responsible for the sign shall bear the cost of the sign's removal.

(Ord. 2900 § 7 (part), 2007)

18.78.110 - Appeal—Standing—Timeliness—Fees.

The owner of property to which an order relates has standing to file an appeal pursuant to this chapter, either in propria persona or through his/her authorized agent. No such appeal is effective for any purpose unless it is timely filed. In addition, an appeal is not valid unless, contemporaneously with the filing of the appeal, a filing and processing fee is paid to the city clerk, in a sum which is set by city council resolution. A copy of the schedule of fees may be obtained at City Hall, city clerk.

(Ord. 2900 § 7 (part), 2007)

(Ord. No. 3112, § 4, 2-25-20)

18.78.120 - Appeal to commission from director's abatement order.

A.

Within ten calendar days of the date an order becomes final, the owner of the property to which the order relates may file an appeal thereto, in writing, with the secretary of the commission. Failure to timely appeal to the commission constitutes a waiver of the right.

B.

The secretary of the commission, upon receipt of a timely appeal, must set the matter for a de novo hearing before the commission and must give notice of the time and place of the hearing, as specified below.

C.

At the hearing, the commission must hear evidence relating to whether the sign and/or sign structure has lost its legal nonconforming status pursuant to the provisions of this chapter, and any other matter the commission deems relevant for a just resolution. The commission may hear any and all matters that it deems relevant, and is not be bound by rules of admissibility of evidence. The commission may hear relevant hearsay evidence, but may not base its findings and decisions on hearsay evidence alone.

D.

The commission must make a decision within fourteen days of the hearing. The date the decision is made is the effective date of that decision. The decision of the commission is deemed final ten days after the effective date, unless a timely appeal is made to the city council.

E.

Notice. Upon a decision by the commission either affirming or vacating an order, the secretary of the commission shall forthwith give written notice of the same. The notice shall contain a description of the property affected, the names of the owners and/or persons in possession thereof, the basis for the decision reached, and the time in which the usage must terminate. The notice of such decision must be given in the same manner as set forth in Section 18.78.100(B).

(Ord. 2900 § 7 (part), 2007)

18.78.130 - Appeal to city council from a commission decision.

A.

An appeal to the council from a commission decision upholding an order may be filed with the city clerk by the appellant, within ten calendar days after the effective date of the commission's decision. Failure to timely appeal the commission's decision to the council waives the right to do so. The city clerk, upon receipt of a timely appeal, must set the matter for a de novo hearing before the council and must give notice in writing of the time and place of the hearing, such notice to be personally served or deposited in the U.S. mail. At the hearing, the council will determine whether the sign has lost its legal nonconforming status pursuant to the provisions of this chapter. The city council must issue a written decision within seven calendar days of the de novo hearing.

B.

Notice. Upon the adoption by the council of a commission decision affirming an order, or upon the council vacating the order, the city clerk shall forthwith give the appellant written notice of the same. The notice must contain a description of the property affected, the names of the owners and/or persons in possession thereof, the basis for the decision reached, and the time in which the usage must terminate. The notice of such decision must be given in the same manner as set forth in Section 18.78.100(B).

(Ord. 2900 § 7 (part), 2007)

(Ord. No. 3112, § 4, 2-25-20)

The city council's decision is final. The decision is deemed final on the day that it is deposited into the U.S. mail, addressed to the applicant at the address provided on the appeal. The notice of decision must provide that the losing party has the right to challenge the city council's decision in a court of law, in accordance with the provisions of Section 1094.8 of the California Code of Civil Procedure.

(Ord. 2900 § 7 (part), 2007)

A.

At hearings held pursuant to this chapter, before either the commission or the council, the appellant will have a reasonable opportunity to be heard. Any applicable staff report relating to such matter must be considered.

B.

In each proceeding, the commission and/or council will consider:

1.

The date the sign was constructed;

2.

The sign's original cost;

3.

Whether the sign's original cost has been or could have been recovered by the owner under generally acceptable accounting practices; and

4.

The degree of difficulty and cost to replace the sign with a sign that conforms with all the provisions of this chapter.

C.

Based upon such evidence the commission and/or council must determine whether the abatement period specified by the order is reasonable. If, based upon the facts presented, the commission and/or council determine that the abatement period outlined in the order is unreasonable, they may extend the abatement period accordingly. In the event the commission or the council determine that the sign complies with these provisions, the commission and the council have the authority to vacate the order.

(Ord. 2900 § 7 (part), 2007)

Division III. - Condominiums Chapter 18.80 - CONDOMINIUM CONVERSIONS