Chapter 2.5On-Premises Advertising Displays
Section § 5490
This law is about signs and advertisements on property. It applies only to those that are legally put up and meant to last at least 15 years. These signs can show the name of a business or advertise what's sold or done at that location. A sign is still considered 'on-premises' even if the property is changed, like adding a street or selling part of the land. The law doesn't cover signs used only for general outdoor advertising and doesn't apply if it would cost the state federal highway money. The rules might not apply if it was introduced before March 12, 1983. Displays that are abandoned or illegal aren't included unless they're nonconforming signs with time left. It applies to all cities and counties in California.
Section § 5490.5
This law defines a 'message center' as a type of advertising display where the message changes more frequently than every two minutes, but not more than once every four seconds. If these message centers are near interstate or primary highways, they must meet specific rules: their messages can't move or look like they are moving, the brightness can't vary, and the messages can't change more frequently than once every four seconds.
Section § 5491
This section says that if you have an on-premises advertising display that meets certain criteria, it can't be forced to be taken down or have its maintenance limited by local rules without you receiving fair compensation. Essentially, you're protected against losing your sign or having it restricted without being paid for it.
Section § 5491.1
If a city or county changes its rules about advertising signs, making them stricter than before, they must identify and list all existing illegal or abandoned signs within 120 days. After this inventory, they need to hold a public hearing to decide if the new rules should stay. Any timeline for removing non-compliant signs must last at least six months after this decision, unless a longer period was set. However, signs that followed the old rules can still be repaired or updated without following the new rules unless they change in location or structure. The inventory step can be skipped if a similar review was done within the previous three years. Rules that only apply to entirely new signs don't need this process.
Section § 5491.2
This law allows cities or counties to charge fees to business owners or lessees for advertising displays to cover the costs of managing illegal or abandoned ones. They can choose to exempt certain displays on farms within agricultural preserves if it supports the preserve's goals. The city or county can decide both the cost and the fee amount based on their estimates of what is reasonable.
Section § 5492
This section explains how the owner of an on-premises advertising display is to be compensated if they are required to alter or remove it to follow certain regulations. The owner is presumed to receive fair and just compensation if they are paid the fair market value. This value includes the costs to remove the display, repair any property damage caused by removal, and recreate the advertising display as it was before its removal.
Section § 5493
This law provides cities and counties in California two options for compensating business owners when they have to remove their on-premises advertising displays because they're no longer allowed by law. One option is to pay the actual cost to replace the advertising display in a way that fits current laws, including the costs of removing the old sign and fixing any damage caused by its removal. The owner must receive the higher amount of compensation based on this method or another method described in a different section before they have to take down the display.
Section § 5494
This law addresses what happens to on-premises advertising displays (like signs on a business property) when a city or county changes its rules. If a sign becomes nonconforming because of rules made before March 12, 1983, it might have to be removed if it's not brought up to code after a certain time (the amortization period). If the area where the sign is located gets annexed (or added) into another city or county, the new area's rules apply. If old rules get stricter, the new procedures kick in, but if old rules are reenacted within a year of expiring and aren't stricter, they avoid these new procedures.
Section § 5495
This law indicates that after March 12, 1983, cities or counties in California can require the removal of on-premise advertising signs without providing compensation if certain conditions are met. The sign must be in an area designated for residential or agricultural use on both local plans and zoning laws at the time it was lawfully set up. Also, the sign can't be removed due to special zoning areas aimed at controlling advertisements. The signs can remain for 15 years after the ordinance is adopted, and any removal within this period requires compensation based on specific criteria.
Section § 5495.5
This law says that if a city or county had certain rules about where on-premises advertising signs could go before March 12, 1983, they can make new rules after that date without being in trouble, as long as they meet some conditions. They can only make up to two new rules regarding where these signs can be, and those rules must not cover the whole city or county. The new rules also have to give at least 15 years for businesses to comply with them by removing or changing signs, which is called 'reasonable amortization.' If they don’t follow these conditions, their new rules might violate another law.
Section § 5496
If a city or county follows the rules of Section 5491, they can choose to turn off any flashing or rotating parts of an advertising sign on a property without having to pay for it. However, if those parts have historical importance, they should remain active.
Section § 5497
This law allows cities and counties to require the removal of certain advertising signs without paying compensation if they were installed after March 12, 1983, under specific conditions. These conditions include signs put up without following rules, abandoned for at least 90 days, significantly damaged, remodeled, moved, agreed to be removed, temporary, dangerous, or hazardous to traffic. Newly incorporated cities after specific dates have similar rules with certain exceptions and a 15-year grace period.
Section § 5498
This section explains that certain laws related to advertising displays do not apply in specific areas such as redevelopment zones, historic sites, and planned commercial districts. It clarifies that 'planned commercial districts' are areas with strict agreements on advertising displays that are as restrictive as local ordinances and have the financial backing to ensure compliance.
Section § 5498.1
This law says that a city or county cannot reject, refuse, or set conditions for a business license or permit to put up a new advertising display on a property, based solely on other advertising displays already on that property. This only applies if those existing displays are part of a different business within the same commercial area, and the owner applying for the permit does not own, control, or act on behalf of the other displays.
Section § 5498.2
During a specific period called the amortization period, if there's a nonconforming advertising sign legally set up on a property, a city or county can't deny or make it difficult for a business to change or alter the sign just because the business has a new owner, as long as the sign's basic structure isn't changed. However, this rule doesn't apply if there are certain ordinances made before March 12, 1983, or if the ordinances came from specific rules that don't have a timeline for when changes must be made but require changes when ownership changes.
Section § 5499
This law says that if a city's or county's new rules about the size or height of advertising signs make it hard for a sign to be seen due to unique land features, they can't force the sign to be taken down or changed. The sign can stay as it was before the new rules, so it continues to be visible and effective for the business's communication needs.