Chapter 23.47 — BILLBOARD SIGNS

For the purpose of this chapter, the following terms shall have the definitions set forth herein:

“Billboard” means a sign which meets any one or more of the following criteria:

1. A permanent structure sign which is used for the display of off-site commercial messages;

2. A permanent structure sign which constitutes a principal, separate or secondary use, as opposed to an accessory use, of the parcel on which it is located;

3. An outdoor sign used as advertising for hire, e.g., on which display space is made available to parties, other than the owner or operator of the sign or occupant of the parcel (not including those who rent space from the sign owner, when such space is on the same parcel as the sign), in exchange for a rent, fee or other consideration; or

4. An off-site outdoor advertising sign on which space is leased or rented.

“Off-site or off-premises sign” means a sign that identifies, advertises or attracts attention to a business, product, service, event or activity sold, existing or offered at a different location (subject to the qualifications stated in the definition of “on-site or on-premises sign”). The off-site/on-site distinction applies only to commercial messages.

“On-site or on-premises sign” means any sign that identifies, advertises, or attracts attention to a business, product, service, event or activity sold, existing or offered upon the same property or land use as the sign. The off-site/on-site distinction applies only to commercial messages. In the case of multiple-tenant commercial or industrial developments, a sign is considered “on-site” whenever it is located anywhere within the development. In the case of a duly approved uniform sign program or special planning area, a sign anywhere within the area controlled by the program or SPA may be considered “on-site” when placed at any location within the area controlled by the program or SPA. [Ord. 26-2006 §3, eff. 8-11-2006]

Except as provided in EGMC Section 23.42.080 (Business center district sign overlay zone (BCS)), new billboards, as defined herein, are prohibited. Except as provided in EGMC Section 23.42.080, the City completely prohibits the construction, erection or use of any billboards other than those which legally exist in the City, or for which a valid permit has been issued and has not expired, or which has been approved by the City Council, as of the date on which this provision is first adopted. No permit shall be issued for any billboard which violates this policy, and the City will take immediate enforcement or abatement action against any billboard constructed or maintained in violation of this policy. In adopting this provision, the City Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this division. The City Council intends for this billboard policy to be severable and separately enforceable even if other provision(s) of this division may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid or unenforceable. This provision does not prohibit agreements to relocate presently existing, legal billboards, so long as such agreements are not contrary to State or Federal law. [Ord. 13-2013 §4, eff. 10-25-2013; Ord. 26-2006 §3, eff. 8-11-2006]

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