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HomeMy WebLinkAboutOrd 06211 2 3 4 5 6 7 S P 10 11 12 13 ORDINANCE NO. 621 AN ORDINANCE AMENDING TBE ORDINANCE CODE OF THE CITY OF BURLINGAME BY ADDING ARTICLE 49 B, PART IX, REGULATING ADVERTISING DISPLAYS ADJACENT TO FREEWAYS The City Council of the City of Burlingame does ordain as follows: SECTION 1. The Ordinance Code of the City of Burlingame is hereby amended by adding Article 49 B, Part IX, which shall read and provide as follows: "ARTICLE 49 B "ADVERTISING DISPLAYS ADJACENT TO FREEWAYS "Section 1890.1 Definitions As used in this Article, certain terms are defined as 14 1511 follows: 16 17 18 3.9 20 21 22 23 24 25 26 27 28 29 30 31 32 a, ?ADVERTISING STRUCTURE? refers to a structure of any kind or character erected or maintained for outdoor advertising purposes* upon which any poster, bill, printing, painting or other advertisement of any kind whatsoever may be placed, includ- ing statuary* b. ?SIGN? refers to any card, cloth, metal, painted or wooden sign of any character, placed for outdoor advertising (purposes, on or to the ground or any tree, wall, bush, rock, fence, building, structure or thing, either publicly or privately owned, other than an advertising structure. c, Neither ?advertising structure? nor 'sign' as used in this Article includes: (1) Official notices issued by any court or public body or officer; (2) Notices posted by any public officer in perform - ante of a public duty or by any person in giving legal notice; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (3) Directional, warning or information structures required or authorized by law or by Federal, State or Municipal (authority. d. 'ADVERTISING DISPLAY' refers to advertising structures land to signs. e. 1FREEWAY1. The term 'freeway' shall be deemed to mean a highway in respect to which the owners of abutting lands have no right or easement of access or in respect to which such owners have only limited or restricted right or easement of access, and which is declared to be such in compliance with the Streets and Highways Code of the State of California. f. 'TO PLACE'. The verb 'to place' and any of its variants, as applied to advertising displays, includes the main- taining and the erecting, constructing, posting, painting, printing, tacking, nailing, gluing, stitching, carving, or other- wise fastening, affixing; or making visible, any advertising display on or to the ground or any tree, bush, rock, fence, post, wall, building, structure or thing. "Section 1890.2 Advertising Displays Adjacent to Freeways Prohibited No advertising display shall be erected, constructed, maintained or relocated in the City of Burlingame: a. If such advertising display is designed to have the advertising thereon maintained primarily to be viewed from a main traveled roadway o� a freeway, or b. If such advertising display, because of its location, size, nature or type, constitutes or tends to constitute a hazard to the safe and efficient operation of vehicles upon a freeway or creates a condition which endangers the safety of persons or property thereon. "Section 1890.3 Exempt Advertising Displays The provisions of Section 1890.2 of this Code shall not apply to any advertising display used exclusively: - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 a. To advertise the sale or lease of the property upon which such advertising display is placed; b. To designate the name of the owner or occupant of the premises upon which such advertising display is placed or to identify such premises; c. To advertise the business conducted, or goods manu- factured or produced, or services rendered upon the property upon which such advertising display is placed. "Section 1890.4 Special Permits It shall be unalwful for any person to erect, con- struct, or relocate any advertising display permitted by Section 1890.3 of tkis Code without a special permit therefor first having been issued as hereinafter provided. Application for such 1 special permit shall be made in writing to the Building Inspector and shall be referred by him to the Planning Commission. At its next meeting thereafter, or at any meeting to which the matter may be continued, the Planning Commission shall approve the issuance of a special permit if it finds that the proposed advertising display is permitted by the provisions of Section 1890.3 of this Code, Any special permit granted pursuant to this section shall provide that the proposed advertising structure must conform to every provision of this Code regulating size and height limitations, structural safety, lighting and building permit fees. "Section 1890.5 Prohibited Displays As Nuisances All advertising displays which are placed or which exist in violation of the provisions of this Article are public nuisances and may be abated in the manner provided in Article I of this Code." SECTION 2, SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be - 3 - 1 2 3 4 5. 6 7 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the valid- ity of the remaining portions of this Ordinance. The City Council of this City hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, or portions may be declared invalid or unconstitutional. SECTION 3, This Ordinance shall be published once as required by law, r L. B. MORGAN MW or I, Herbert K. White, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 20th day of February, 1956, and adopted at a regular meeting of the City Council held on the 5th day of March, 1956, by the following vote: Ayes: Councilmen: Byrd -Johnson -Morgan -Rooth -Thayer Noes: Councilmen: None Absent Councilmen: None Herbert K. White City Clerk