§ 21.54.170. Nonconformity defined for purposes of removal requirements.


Latest version.
  • A billboard shall be considered nonconforming for the purposes of the removal requirements set forth in Section 21.54.160, if it is any of the following:

    A.

    Not located in a zoning district allowed by Table 54-1;

    B.

    Not located adjacent to a freeway or street having a street classification type allowed in Table 54-1;

    C.

    Located on a building or building rooftop.

    Table 54-1
    Billboard Development Standards

    Standard
    Type of Billboard Maximum Area
    (sq. ft.)
    Max. Height Spacing between billboards (a) Street Classification Types Allowed (b) Zoning Districts Allowed
    1. New freeway-oriented billboard, electronic or non-electronic 675 sq. ft. 50 ft. above nearest freeway lane As required by California Department of Transportation, otherwise 500 ft. Freeway, Regional Corridor, or Major Arterial (c)(d) CHW (e) ,CS, IL, IM, IG, IP (f)
    2. Non-freeway-oriented new billboard, electronic or non-electronic 675 sq. ft. 35 ft. above curb grade As required by California Department of Transportation, otherwise 300 ft. Regional Corridor, or Major Arterial only (c)(d) CHW (e) , IL, IM, IG, IP (f)
    3. Conversion of existing billboard to electronic (with or without expansion of area) 675 sq. ft. (g) No higher than existing billboard, or 35 ft. above curb grade (or 40 ft. above nearest freeway lane, if freeway-oriented), whichever is greater As required by California Department of Transportation, otherwise no limit Freeway Regional Corridor, or Major Arterial only (c) CCA, CCP, CHW (e) , CS, IL, IM, IG, IP (f) , PR
    4. Expansion of existing electronic or non-electronic billboard (does not include conversion to electronic) 675 sq. ft. (g) No higher than existing billboard, or 35 ft. above curb grade (or 40 ft. above nearest freeway lane, if freeway-oriented), whichever is greater N/A Freeway, Regional Corridor, or Major Arterial only (c) CCA, CCP, CHW (e) , CS, IL, IM, IG, IP (f)

     

    Footnotes:

    (a) Required spacing between billboards on same side of the right-of-way, whether electronic or non-electronic.

    (b) Street classifications are as shown on the Functional Classification of Streets map in the Transportation Element of the General Plan. See equivalence table (Table 54-1A) for updated designations adopted into the 2013 General Plan Mobility Element.

    (c) If a lot has frontage on a right-of-way that is a Freeway, Regional Corridor, or Major Arterial, and on a street that is not a Freeway, Regional Corridor, or Major Arterial, the billboard shall be located no more than 25 feet from the property line with frontage on a Freeway, Regional Corridor, or Major Arterial.

    (d) Any billboard adjacent to a freeway right-of-way, but not freeway-oriented and not adjacent to a Regional Corridor or Major Arterial, shall be prohibited.

    (e) Also allowed in the obsolete CH commercial highway zoning district.

    (f) Billboards in the IP zoning district shall require approval of the Harbor Department.

    (g) Size shall not be increased over that of the existing billboard unless explicitly approved by the Planning Commission.

    Table 54-1A
    Equivalence of Street Classification Type Designations

    1991 General Plan
    Transportation Element
    Street Classification Type
    Designation

    2013 General Plan
    Mobility Element
    Street Classification Type
    Designation

    Freeway Freeway
    Regional Corridor Regional Corridor
    Boulevard
    Major Arterial Major Avenue
    Minor Arterial Minor Avenue
    Collector Street Neighborhood Connector
    Local Street Local Street

     

    Table 54-2
    Billboard Removal Ratios for Nonconforming Billboards

    Under Subsection 21.54.160.A (If any nonconforming billboards as set forth in Section 21.54.170 are still present in City)
    Project Required Removal Ratio a
    1. New electronic billboard 8 times the area of the proposed billboard b
    2. New non-electronic billboard 6 times the area of the proposed billboard b
    3. Conversion of existing billboard to electronic with no expansion of area 4 times the area of the billboard to be converted b
    4. Conversion of existing billboard to electronic with expansion of area 8 times the area of the final size of the proposed billboard b
    5. Expansion of existing electronic billboard 8 times the area of the proposed net increase in area b
    6. Expansion of existing non-electronic billboard 6 times the area of the proposed net increase in area b

     

    Footnotes:

    a) See Subsection 21.54.112.G for required removal for Development Agreements.

    b) At a minimum. However, in order to comply with Subsection 21.54.160.E, only whole billboards shall be removed.

    Table 54-3
    Billboard Removal Ratios for Conforming Billboards

    Under Subsection 21.54.160.B (After all nonconforming billboards as set forth in Section 21.54.170 have been removed from City)
    Project Required Removal Ratio a
    1. New electronic or non-electronic billboard Area equal to the proposed billboard b
    2. Conversion of existing billboard to electronic Area equal to the proposed billboard b
    3. Any other expansion or modification of an existing billboard (electronic or non-electronic) Area equal to the proposed net increase b

     

    Footnotes:

    a) See Subsection 21.54.112.G for required removal for Development Agreements.

    b) At a minimum. However, in order to comply with Subsection 21.54.160.E, only whole billboards shall be removed.

( ORD-16-0007 § 3, 2016; ORD-14-0006 § 1, 2014)