For purposes of this chapter, the following words or phrases
shall have the following definitions:
"Automatic changeable message display"
means an advertising display which mechanically changes the
fixed display face at synchronized programmable intervals through
the use of a series of multiple-faced (generally 3 faces) rotating
panels or louvers. These displays are also known by proprietary product
names such as “Tri-Vision and/or “Tri-Face.”
"Digital display"
means an outdoor advertising display using light emitting
diodes (L.E.D.) or similar technology to display static images controlled
by electronic communications.
"Display face"
means the surface area of an outdoor advertising display
available for the purpose of displaying an advertising message. “Display
face” does not include the structural supports or lighting.
"Edge of right-of-way"
means a measurement from the edge of a right-of-way horizontally
along a line normal or perpendicular to the centerline of the freeway
or highway.
"Freestanding sign"
means any sign which is supported by 1 column or upright
imbedded in the ground, and which is not attached to any building
or structure.
"Freeway"
means a divided arterial highway for through traffic with
full control of access and with grade separations at intersections
under State control which requires a State Outdoor Advertising Permit
to erect an outdoor advertising display.
"Illegal outdoor advertising display"
means any of the following:
1.
An outdoor advertising structure or outdoor advertising sign
erected without first complying with all applicable City regulations
in effect at the time of its construction, erection or use.
2.
An outdoor advertising structure or outdoor advertising sign
that was legally erected but whose use has ceased, or the structure
upon which the advertising display is placed has been abandoned by
its owner, and not maintained or used for a period of at least 6 months.
3.
An outdoor advertising structure or outdoor advertising sign
which does not comply with this chapter, or any applicable permit
referenced in the Desert Hot Springs Municipal Code.
4.
An outdoor advertising structure or outdoor advertising sign
which is a danger to the public or is has been determined to be unsafe
by the City Manager, as supported by findings made in connection with
the
California Building Code, including applicable provisions of the
Desert Hot Springs Municipal Code.
"Maximum height"
means the highest point of the structure or sign measured
from the roadbed of the adjacent freeway or highway to which the sign
is oriented or from the average natural ground level at the base of
the supporting structure, whichever is greater.
“Off-site sign”
means structures and signs that are erected or maintained
to advertise goods sold, business conducted, or services rendered
on a parcel other than the land upon which the sign is located. An
off-site sign may be commonly referred to as an “outdoor advertising
display” or “off-premises billboard.”
"Outdoor advertising display"
means an outdoor advertising structure or outdoor advertising
sign used for outdoor advertising purposes. An outdoor advertising
display may be commonly known or referred to as an “off-site”
or an “off-premises” billboard.
"Outdoor advertising sign"
means any card, cloth, paper, metal, painted, plastic or
wooden sign of any character placed for outdoor advertising purposes
and affixed to an outdoor advertising display or structure.
"Outdoor advertising structure"
means a structure of any kind or character erected, used
or maintained for outdoor advertising purposes, upon which any poster,
bill, printing, painting or other advertisement of any kind whatsoever
may be placed, including statuary, for outdoor advertising purposes.
Such structure shall be constructed or erected upon a permanent foundation.
"Primary highway"
means any roadway under State control which requires a State
Outdoor Advertising Permit to erect an outdoor advertising display.
"Scenic highway"
means any officially designated State scenic highway as defined
in Streets and Highway Code Sections 154 and 261 et seq.
(Ord. 536 4-16-13)
No person shall erect, use or maintain an outdoor advertising
display in the incorporated area of the City, except in accordance
with the following provisions. The changing of an advertising message
or customary maintenance of a legally existing outdoor advertising
display shall not require a permit pursuant to this section.
A. Permit
Procedure.
1. Application. In addition to all other applicable Federal, State, and local laws, rules, regulations and ordinances, no outdoor advertising display shall be placed, erected, used or maintained until an Outdoor Advertising Display Permit therefor has been issued by the City Manager, following the receipt and approval of an application (on the form provided by the Community Development Department) accompanied by the filing fee set forth in Chapter
17.148. The application shall consist of 5 copies of a plot plan and elevations drawn to scale, containing the name, address, and telephone number of the applicant, owner of the property, and a general description of the property upon which the outdoor advertising display is proposed to be placed. The plot plan shall show the precise location, type, and size, maximum height, and dimensions of the proposed outdoor advertising display and display face, all property lines, zoning, and the dimensions, location of the distance to the nearest advertising displays, buildings, public and private roads, and other rights-of-way, setback lines, and specifically planned future road right-of-way lines, and any and all other information required by the City Manager such that the proposed display may be readily ascertained, identified, and evaluated.
2. Issuance/Denial. The City Manager shall, within 30 days of the filing of a complete permit application, approve and issue the Outdoor Advertising Display Permit if all of the standards listed in subsection
B, Permit Standards, and other requirements of this chapter have been met; otherwise, the permit shall be denied. Unless the applicant files with the Community Development Department a written request for an appeal hearing within the 30 days of the date the denial notice was mailed, the City Manager decision to deny the application will be considered final. Failure to timely file a written request for an appeal hearing constitutes a waiver of the right to an appeal hearing. Notice of the appeal hearing shall be given by mail to the applicant. Selection of a Hearing Officer and the conduct of the appeal hearing shall be pursuant to applicable sections of Chapter
4.36 of the Desert Hot Springs Municipal Code, as may be amended. The decision of the Hearing Officer shall be final.
3. Building
Permit Required. Assuming the City Manager issues an Outdoor Advertising
Display Permit, no person shall place, erect, use, maintain, alter,
repair or relocate an outdoor advertising display or connect an outdoor
advertising display to a power supply without first also obtaining
a building permit from the Community Development Department.
4. Revocation.
Any Outdoor Advertising Display Permit or any related building permit
may be revoked by the City Manager, if the City Manager finds that
any permittee, agent or any other person exercising management or
control of the business, including, but not limited to, a member,
partner, director, officer or general manager who is exercising authority
on behalf of the permittee, has:
a. Knowingly made any false, misleading or fraudulent statement of a
material fact in an application for a permit, or in any report or
record required to be filed with the City Manager; or
b. Committed any act which violates any rule or regulation adopted by
any governmental agency relating to the permittee’s business,
including, but not limited to, failure to pay local taxes, fees or
assessment imposed by the City, or any district created by the City;
or
c. Violated any condition or restriction of the permits; or
d. Conducted the permitted business in a manner contrary to the peace,
health, safety and the general welfare of the public; or
e. Failed or refused to notify the City Manager of any material change
in facts stated in the application for any permit; or
f. Failed to maintain the Outdoor Advertising Display in good condition;
or
g. Maintained the outdoor advertising display in a state of disrepair.
5. Revocation Hearing. If the City Manager concludes that grounds for revocation exist, the City Manager or designee may initiate a hearing pursuant to applicable sections of Chapter
4.36 of the Desert Hot Springs Municipal Code, as may be amended.
B. Permit
Standards.
1. General
Plan. Outdoor advertising displays shall be consistent with the Comprehensive
General Plan, any specific plans, and all Federal, State, and local
laws.
2. Placement.
Outdoor advertising displays oriented towards and primarily viewed
from freeways are permitted. Outdoor advertising displays are expressly
prohibited if oriented towards and primarily viewed from all other
roads, streets, boulevards, lanes, or other public rights-of-way.
3. Zoning.
Outdoor advertising displays are permitted only in the commercial
and industrial zones; provided, that the display meets all of the
other requirements of those zoning classifications and this chapter.
Outdoor advertising displays are expressly prohibited in all other
zones.
4. Height.
The maximum height of an outdoor advertising display shall not exceed
a height of 35 feet from the roadbed of the adjacent freeway or highway
to which the display is oriented, or a maximum height of 35 feet from
the grade on which it is constructed, whichever is greater.
5. Setbacks.
No outdoor advertising display shall be erected within a road right-of-way
line or future road right-of-way line as shown on any specific plan
or General Plan. A minimum setback from the property line of 1 foot
shall be required. No person shall place, erect, use or maintain any
outdoor advertising display located within 660 feet from the edge
of the right-of-way of any freeway or primary highway without first
obtaining a valid State Outdoor Advertising Permit.
6. Spacing.
No outdoor advertising display shall be located within 500 feet in
any direction from any outdoor advertising display on the same side
of the freeway. No outdoor advertising display shall be located within
150 feet of a residential structure, or within a residential zone.
7. Scenic
Highway. No outdoor advertising display shall be permitted adjacent
to a scenic highway.
8. Multiple
Species Habitat. No outdoor advertising display shall be allowed within
any Multiple Species Habitat Conservation Area.
9. Display
Face Size. No outdoor advertising display shall exceed a maximum total
surface area of 700 square feet per face.
10. Number of Display Faces. No more than 2 display faces per outdoor
advertising display shall be permitted. Only single-face, back-to-back
and V-type displays shall be allowed; provided, that they are on the
same outdoor advertising structure and further; provided, that the
V-type displays have a separation between display faces of not more
than 30 feet. Display faces shall not be stacked.
11. Number of Displays. No more than 1 proposed outdoor advertising display
per application shall be permitted.
12. Poles. A maximum of 1 steel pole is allowed for support of an outdoor
advertising display, subject to approval of the City Manager.
13. Lighting and Illumination of Displays. An outdoor advertising display
may be illuminated, unless otherwise specified; provided, that the
displays are so constructed that no light bulb, tube, filament, or
similar source of illumination is visible beyond the display face.
Displays making use of lights to convey the effect of movement or
flashing, intermittent, or variable intensity shall not be permitted.
Displays shall use the most advanced methods to insure the most energy
efficient methods of display illumination.
14. Digital displays and automatic changeable message displays are allowed;
provided, the message displayed is static and displayed for a minimum
duration of 6 seconds and the transition time between messages is
no longer than 4 seconds. Animated images, images that give the appearance
of movement or changes in illumination intensity during the static
display period are prohibited.
15. Display Movement. No outdoor advertising display shall move, rotate
or display any moving and/or rotating parts except for automatic changeable
message displays. No propellers, flags, or other noise creating devices,
and no architectural embellishments which utilize mechanical or natural
forces for motion, shall be permitted. Use of daylight reflective
materials or electronic message boards using flashing, intermittent
or moving light or lights is prohibited.
16. Mobile Displays. No person shall place, use, maintain, or otherwise
allow a mobile vehicle, trailer, or other advertising display not
permanently affixed to the ground to be used as an outdoor advertising
display.
17. Roof Mounts. No outdoor advertising display shall be affixed on or
over the roof of any building and no display shall be affixed to the
wall of a building so that it projects above the parapet of the building.
For the purposes of this chapter, a mansard style roof shall be considered
a parapet.
18. Identification. No outdoor advertising display shall be placed, erected,
used or maintained anywhere within the incorporated area of the City
unless there is securely fastened thereto the name of the outdoor
advertising display owner in such a manner that the name is visible
from the freeway or highway. Any display placed, erected, or maintained
without this identification shall be deemed to be placed, erected,
and maintained in violation of this chapter.
19. Display Inventory. In order to evaluate and access outdoor advertising displays within the City, within 180 days of the effective date of the ordinance codified in this chapter and on each 5th anniversary after the effective date of the ordinance codified in this chapter, and upon notice, each business with outdoor advertising displays within the incorporated area of the City shall submit to the City Manager, a current inventory of the outdoor advertising displays maintained within the incorporated area of the City. Failure to submit a current or accurate inventory within 30 days of receipt of such notice shall be deemed to be a violation of this chapter and subject to the issuance of a Notice of Violation by Code Enforcement. Failure to comply with a Notice of Violation may result in the issuance of a Field Citation, an Administrative Citation, or a Notice of Public Nuisance, or such other action or proceeding pursuant to Title
4 of the Desert Hot Springs Municipal Code.
(Ord. 536 4-16-13; Ord. 695 10-15-19)
Wherever the officials responsible for the enforcement of administration of the City Zoning Code (Title
17) or their designated agents, have cause to suspect a violation of this chapter, or whenever necessary to investigate either an application for the granting, modification, or any action to suspend or revoke an Outdoor Advertising Display Permit, or whenever necessary to investigate a possible violation, such persons may lawfully gain access to the appropriate parcel of land upon which a violation is believed to exist. The following provisions shall apply to the violations of this chapter:
A. All
violations of this chapter committed by any person, whether as agent,
employee, officer, principal, or otherwise, shall be a misdemeanor.
B. Every
person who knowingly provides false information on an outdoor advertising
display permit application shall be guilty of a misdemeanor.
C. Every
person who fails to stop work on an outdoor advertising display, when
so ordered by the City Manager shall be guilty of a misdemeanor.
D. A misdemeanor
may be prosecuted by the City or may be redressed by civil action.
Each violation is punishable by a fine of not more than $1,000, or
by imprisonment in jail for a term of not more than 6 months, or by
both fine and imprisonment.
E. Every
person found guilty of a violation shall be deemed guilty of a separate
offense for every day during a portion of which the violation is committed,
continued, or permitted by such person.
F. Every
illegal outdoor advertising display and every abandoned outdoor advertising
display is hereby declared to be a public nuisance and shall be subject
to abatement by repair, rehabilitation, or removal in accordance with
the procedures contained in the City’s Zoning Code (Title 17).
(Ord. 536 4-16-13)
The following provisions shall apply to nonconforming outdoor
advertising displays:
A. Continuation.
Any nonconforming outdoor advertising display may be maintained through
the abatement period set forth in this section; provided, there are
no alterations of the display whatsoever, except as provided in this
chapter.
B. Alterations.
1. A
nonconforming outdoor advertising display may not be moved, enlarged,
relocated, or altered in any way except as otherwise provided herein:
a. Where any nonconforming outdoor advertising display is damaged or
partially destroyed, the nonconforming outdoor advertising display
may be restored to the condition in which it existed immediately prior
to the occurrence of such damage so long as all of the following conditions
are met:
i. The cost of such reconstruction does not exceed 50% of the replacement
cost of such outdoor advertising display at the time such damage occurred;
and
ii. The reconstruction may not result in any greater degree of nonconformity
than previously existed; and
iii.
The reconstruction shall meet all current requirements of the
Desert Hot Springs Municipal Code, and shall be completed within 1
year of the commencement of the construction.
b. When a subsequently adopted ordinance or regulation of the City requires
specific alterations, those alterations shall be made.
c. Minor repairs to and routine maintenance of an outdoor advertising
display are permitted and encouraged. Minor repairs and routine maintenance
means repairs or maintenance that cost less than 20% of the replacement
cost.
2. If,
in the process of reconstructing an outdoor advertising display pursuant
to this subsection, certain nonconformities can be brought into conformity,
they shall be brought into conformity.
C. Abatement
and Termination—Upon Expiration of Time Periods.
1. Nonconforming
outdoor advertising displays shall be abated and such nonconformity
shall be terminated upon the expiration of the periods of time indicated
hereinafter in this subsection. This period of time shall commence
on the date that such outdoor advertising display first became nonconforming
by reason of the application of this chapter.
2. Nonconforming
outdoor advertising displays shall be abated, removed or altered to
structurally conform to the Desert Hot Springs Municipal Code and
State law according to the following:
a. Outdoor advertising displays located in any of the “R”
zones, except as herein provided, shall be completely removed or altered
to structurally conform to the Desert Hot Springs Municipal Code within
7 years.
b. Outdoor advertising displays located in any of the “C”
zones, except as herein provided, shall be completely removed or altered
to structurally conform to the Desert Hot Springs Municipal Code within
8 years.
c. Outdoor advertising displays located in the “I” zones,
except as herein provided, shall be completely removed or altered
to structurally conform to the Desert Hot Springs Municipal Code within
10 years.
d. An extension of the abatement period may be granted by the City Manager
upon good cause. In no case shall such an extension be granted for
a period of more than 1 year.
(Ord. 536 4-16-13)
All illegal outdoor advertising displays and all abandoned outdoor
advertising displays shall be removed or brought into conformance
with this chapter immediately upon receipt of Notice given to owner
of the property and also given to the owner of the outdoor advertising
display: (1) if the identification plate required by Business and
Professions Code Sections 5362 and 5363 is affixed; and (2) the advertiser,
if any, identified on the sign provided the address of the advertiser
can reasonably be determined.
(Ord. 536 4-16-13)
Nothing in this chapter shall prevent the City from entering
into an outdoor advertising display relocation agreement, which agreement
shall require the prior approval of the City Council, when: (1) the
original location of the outdoor advertising display is within a contemplated
public right-of-way; and (2) the outdoor advertising display complied
with all applicable regulations in effect at the time it was erected.
An outdoor advertising display located on a parcel that is zoned to
prohibit outdoor advertising displays may, pursuant to such an agreement,
be relocated to another location on that same parcel. An outdoor advertising
display located in an area defined in this chapter as a scenic highway
may also, pursuant to such an agreement, be relocated to an area defined
as a scenic highway whether the area is on the same parcel or a different
parcel. Except as provided in this section, a relocated outdoor advertising
display shall be subject to all the permit procedures and standards
described in this chapter.
(Ord. 536 4-16-13)