CSA Saves Signs in Humboldt County
Existing On-Premise Signs Gain Protection
The good news is that CSA effectively protected existing on-premise signs from having to be brought into conformance using a law, B&P Code sec 5491.1, spearheaded by CSA in 1983. Originally, in April, notwithstanding CSA objections, the Humboldt Board of Supervisors approved a new restrictive ordinance, which among other things, prohibited digital signage and bans billboards (in the unincorporated area).
However, after CSA pointed out the statutory requirement to inventory all illegal and abandoned signs as precondition to implementing the law, the resolution approving the ordinance was modified to be limited to new construction (which is an exception to the inventory requirement).
“State law requires that we do one of two things,” Planning and Building Director John Ford explained. “We either … [take] an inventory of all signs and identity whether or not they’re legal or illegal and then those signs can have an enforcement process. Or you can find that all signs are legal non-conforming and basically at that point, all signs that exist, exist. That is what we’ve written into the resolution.”
Ford emphasized that on-premise signs that are already permitted can remain standing, and signs classified as “legal non-conforming” can be repaired or even replaced if damaged.
On its face, the inventory requirement is not limited to on-premise displays only. So arguably, the county must first inventory all signs, including billboards, regardless of whether the new ordinance is limited to billboards. This is important not only to preserve the integrity of the law, but also because CSA has a member in Humboldt County, All Points Signs, which has been extremely vocal about the loss of business he’d be facing if the law passed. The intent of 5491.1 was to save existing signs and make a city/county think twice before passing more restrictive codes.
Sign law expert serving the sign industry and its customers for over 25 years, providing legal and consulting services to sign users, installers and manufacturers. Based in Sacramento, Practice Areas include Zoning; Land Use; Real Estate; Constitutional Law; Employment; & Business. Admitted to the Bar in 1989. Law Offices of Jeffrey L. Aran 1-888-SIGNLAW.