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HomeMy WebLinkAbout0356Nr ORDINANCE NO. 356 (XX-Zu� ( New Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO APPLYING CERTAIN REGULATIONS TO THE ERECTION OR CONSTRUCTION OF OUTDOOR ADVERTISING SIGNS AND OUTDOOR ADVERTISING STRUCTURES V1ITHIN FIVE HUNDRED (500) FEET OF THE OUTER LIMITS OF ANY FREEWAY RIGHT -OF -WAY 'WITHIN THE BOUNDARIES OF THE CITY OF SAN LUIS OBISPO, PENDING THE ACTION BY THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ON THIS FATTER, AND DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE TO TAKE EFFECT II0VIEDIATELY. BE IT ORDAINED BY THE COUNCIL OF SAN LUIS OBISPO: Section 1: The Council of the City of San Luis Obispo, County of San Luis Obispo, State of California, has adopted precise zoning regulations in conformance with the Enabling Acts of the State of California by enacting Ordinance No. 292 (New Series) of the City of San Luis Obispo, and amendments thereto. Said Council of the City of San Luis Obispo finds that certain of the existing regulations are not conducive to good zoning, and, therefore, declares it has instructed the City Planning Commission of San Luis Obispo to proceed with studies which will ascertain the feasibility of allowing out- door advertising signs and outdoor advertising structures within five hundred (500) feet of the outer- limits of any freeway right -of -way located within the boundaries of the City of San Luis' Obispo. As considerable time will necessarily elapse before a com- plete and conclusive survey concerning this matter can be made, said Council of the City of San Luis Obispo finds it necessary to adopt certain regulations of an interim or emergency nature in order to protect the public interest and to preserve the pub- lic welfare. Said regulations are hereinafter in this ordinance set forth. Section 2: DEFINITIONS Paragraph 1: For the purpose of this ordinance, cer- tain words, terms and phrases are defined as follows, and certain regulations and restrictions in relation to certain definitions shall be subject to the following interpretations and exceptions: Paragraph 2: Special Permit: The words "special per- mit" shall mean a special permit issued under the provisions of this ordinance. Paragraph 3: Freeway defined: For the purpose of this ordinance, "freeway" shall mean a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access, and which is designed to move large volumes of traffic efficiently and safely at high speed. The term "freeway" in this definition shall be considered to be used synonymously with park- way, expressway, or throughway. Paragraph'4: Outdoor Advertising Sign defined: For the purpose of this Ordinance, the term "outdoor advertising' sign" shall mean any card, cloth, paper, metal, painted, glass, wooden, plaster, stone, or other sign or device of any kind,or. character whatsoever placed for outdoor advertising purposes on• ,', the ground or on any tree, wall, bush, rock, post, fence, build- ing, structure or thing whatsoever. The term "placed" as used in the definition of "outdoor advertising sign" and "outdoor advertising structure" shall include erecting, constructing, post- ing, painting, printing, tacking, nailing, Blueing, sticking, carving or otherwise fastening, affixing or making visible in any manner whatsoever. Paragraph 5: Outdoor Advertising Structure defined: For the purpose of this ordinance the term "outdoor advertising struc- ture" shall mean any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which ;any, outdoor advertising sign may be placed. -2- Paragraph 6: Sign: For the purpose of this ordin- ance, the term "sign" shall be deemed to mean any outdoor adver- tising sign or outdoor advertising structure. Section 3: No person, firm or corporation shall erect, construct or maintain, or cause to be erected, constructed or maintained, any outdoor advertising sign, or outdoor advertising structure, which is located nearer than five hundred (500) feet of the outer limits of any freeway right -of -Dray in the City of San Luis Obispo, and the advertising matter of which is visible from the freeway, or from any ingress or egress ramps to or from the freeway, unless and until a special permit therefor shall have first been procured as hereinafter provided; provided, how- ever, that there shall be excepted from the operation of this ordinance outdoor advertising signs and outdoor advertising struc- tures existing on the effective date of this ordinance. No out- door advertising signs or outdoor advertising structures standing within said prohibited area on the effective date of this ordin- ance shall ever be enlarged, reconstructed, or rebuilt or moved to another location within the aforesaid prohibited area without a special permit therefor first having been issued as herein- after provided. Section 4: Special Permits: Application for such special permit shall be made in writing to the building inspector of the City of San Luis Obispo. Upon written application therefor, the building inspector shall issue a special permit for any outdoor advertising sign or out- door advertising structure in the following cases and under the following conditions, and not otherwise, to wit: (a) Use: Outdoor advertising signs and outdoor advertising structures (referred to in this section as "signs "), in addition to those otherwise permitted in this ordinance, shall -3- be permitted in the following cases and under the following conditions: (b) The following signs, to wit: 1. Signs displaying the name only of the property or premises upon which dis- played or of the owner or lessee thereof. 2. Signs advertising the sale of a sub- division and located therein or adja- cent thereto. 3. Directional or informational signs of a public or quasi - public nature, erected and maintained by any official body or civic body. 4. Signs appurtenant to any use permitted in the district and situated on the building in which such use is conducted or on the immediate site of such building, or if such use is not con- ducted in a building, then located on the actual area of land occupied by such use. .� 5. Signs serving as directional signs, to resorts or to institutions of an educational, religious, charitable or civic nature, to which the principal access is had from any road or highway which is improved with cement concrete or oilbound Macadam pavement but which are not situated directly adjacent to such road or highway. J � (c) Each special permit shall prescribe con- ditions as to the size, construction, location, color of such sign, and the adver- tising matter to be set forth thereon. (d) That the building inspector shall issue no special permit in any of the following cases, to wit: 1. In any instance where such sign would not conform to the requirements hereinbefore specified. 2. In any instance where any such sign is to be located within five hundred (500) feet of the outer limits of any proposed freeway right -of -way, and the limits of such pro osed freeway right-of-way have been designated by the Division of Highways of the State of California. 3. For any sign having a surface area exceeding forty (40) square feet. Section 5: This ordinance is hereby declared to be an emergency measure for the immediate preservation of the public peace, health and safety. That the facts constituting such urgency are as f oll ows : That the Planning Commission is now in the process of making studies leading to the adoption of precised and detailed regu- lations relating to the construction and maintenance of outdoor advertising signs and outdoor advertising structures. That the route of a new freeway through the City of San Luis Obispo has already been designated by the Division of Highways of the State of California. That unless prohibited by Ordinance, it is likely that many outdoor advertising signs and outdoor advertis- ing structures will soon forthwith be erected and placed along -5- said freeway, which will destroy the effect and purpose of the contemplated zoning if not regulated immediately. For the reasons stated, this ordinance shall take effect immediately upon its adoption. Section 6: Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and shall be punished by imprisonment in the City Jail not exceeding six '(6) months or by a fine not exceeding Five Hundred Dollars ($500.00), or by both such fine and imprisonment. Section 7: This ordinance, together with the Ayes and Noes, shall be published for two days before its final passage in the Telegram- Tribune, a daily newspaper printed, published - u and circulated in said City, and the same shall take effect and be in force 'J,' M.. its f final passage. INTRODUCED AND PASSED TO PRINT this 19th day of November 1951, by the following vote: AYES :D.M.Car.penter, Paul W.Davis,Fred Lucksinger, Timothy I. O'Reilly, Frank V.Woods NOES: iione ABSENT: None Mayor -6- r FINALLY PASSED this 3rd day of December, 1951 upon the following roll call vote: Ayes:_ D_.M.Carpenter.,Paul W.Davis,Fred Lucksinger, Timothy I. O'Reilly Frank V.voods Noes: None Absent: None Attest; i� L/i ty Clerk 44��- Mayor