Except as otherwise indicated, the following requirements shall apply to all signs in the City of San Bernardino:
A. Sign Message and Substitution. Any sign may contain commercial and/or noncommercial message. Subject to the property owner's consent, a constitutionally protected noncommercial message of any type may be substituted in whole or in part for the message displayed on any sign for which the sign structure or mounting device is authorized in compliance with this Chapter, without consideration of message content. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech or favoring of any particular noncommercial message over any other noncommercial message. This provision prevails over any more specific provision to the contrary. In addition, any on-site commercial message may be substituted, in whole or in part, for any other on-site commercial message, provided that the sign structure or mounting device is authorized in compliance with this Chapter, as determined by the Community and Economic Development Director, without consideration of message content.
This provision does not create a right to increase the total number of signs on a parcel, lot, or land use; does not affect the requirement that a sign structure or mounting device be properly permitted; does not allow a change in the physical structure of a sign or its mounting device or location; and does not authorize the conversion of an existing sign to a General Advertising Sign.
B. Interpretations by Community and Economic Development Director.
1. Authority of Director to Interpret; Referral to Commission. Whenever the Community and Economic Development Director determines that the meaning or applicability of any of the requirements of this Chapter is subject to interpretation generally, or as applied to a specific case, the Community and Economic Development Director may issue an official interpretation or refer the question to the Planning Commission for determination.
2. Request for Interpretation. Any party may file a request for an interpretation or determination of this Chapter with the Community and Economic Development Director and shall include with such request the specific provisions in question and any other information necessary to assist the Community and Economic Development Director in the review.
3. Record of Interpretation. All interpretations and determinations by the Community and Economic Development Director and Planning Commission shall be made in writing, and a permanent record of such interpretations and determinations shall be kept.
4. Appeals. Any interpretation of this Chapter by the Community and Economic Development Director or Planning Commission may be appealed in compliance with Chapter 9.94.
5. Content Neutrality. Interpretations of the requirements of this Chapter shall be exercised in light of the City of San Bernardino's content neutrality policy.
6. Sign Type. Where a particular type of sign is proposed in a permit application, and the type is neither expressly allowed nor prohibited by this Chapter, or whenever a sign does not qualify as a "structure" as defined in the California Building Code, then the Community and Economic Development Director shall approve, conditionally approve, or deny the application based on the most similar sign type that is expressly regulated by this Chapter.
C. Content Neutrality. It is the City of San Bernardino's policy to regulate signs in a constitutional manner that is content neutral with respect to both noncommercial and commercial messages. For the purposes of this Chapter, a content-neutral regulation is a so- called "time, place, or manner" regulation, which, as the name suggests, does no more than place limits on when, where, and how a message may be displayed or conveyed.
D. Vehicle Visibility Triangle: No sign, permanent or temporary, flag, flagpole, etc. shall be erected within the Traffic Safety Sight Area, as indicated in Section 19.20.030.29.
E. Sign Removal or Replacement. When a sign is removed, all brackets, poles, and other structural elements that supported the sign shall also be removed, and any electrical components shall be removed and/or capped and any resulting holes filled. Affected building surfaces shall be restored to match the adjacent portion of the building.
F. Materials and Mounting Required.
1. Materials. Signs shall be made of sturdy, durable materials capable of withstanding weathering over the life of the sign with reasonable maintenance. Paper, fabric, plywood, and other materials subject to rapid deterioration may only be used for Temporary Signs or as permitted Awning Signs.
2. Mounting Required. All Permanent Signs shall be firmly anchored, shall comply with all requirements for public safety, and shall satisfy all applicable safety codes and all other applicable governmental enactments, rules, regulations, or policies.
3. Quality Design. All Permanent Signs shall be designed by professionals (e.g., architects, building designers, landscape architects, interior designers, or those whose principal business is the design, manufacture, or sale of signs) or others who are capable of producing professional results.
4. Quality Construction. All Permanent Signs shall be constructed by persons whose principal business is building construction or a related trade including sign manufacturing and installation businesses, or others capable of producing professional results. The intent is to ensure public safety, achieve signs with neat and readable copy, and provide for sign durability so as to reduce maintenance costs and to prevent dilapidation.
5. Hand-Painted Signs. All hand-painted signs shall be professionally applied by a sign manufacturer, artist, or similarly qualified entity or person.
G. Sign Illumination: The following standards shall apply to all illuminated signs:
1. Shielding. Sign illumination shall not interfere with the use and enjoyment of adjacent properties, create a public nuisance, or create public safety hazards. Exterior light sources shall be shielded from view and directed to illuminate only the sign face.
2. Illumination. Signs may be internally or externally illuminated.
3. Residential Properties in Direct Line of Sight. The light from an illuminated sign shall not be of an intensity or brightness or directed in a manner that will negatively impact residential properties in direct line of sight to the sign.
4. Colored Lights. Colored lights shall not be used at a location or in a manner to be confused or construed as traffic control devices.
5. Bulb Face Exposure. Reflective-type bulbs and incandescent lamps that exceed 15 watts shall not be used on the exterior surface of signs so that the face of the bulb or lamp is exposed to a public right-of-way or adjacent property. This provision does not apply to light-emitting diodes associated with Digital Signs.
6. Energy Efficiency. Light sources shall utilize energy-efficient fixtures to the greatest extent possible.
7. No Flashing. Lights illuminating signs shall not flash, blink, flutter, include intermittent or chasing lights, or provide any illumination that is in motion or appears to be in motion. See Section 19.22.070(B)(3) for standards pertaining to that sign type.
8. Digital Signs. Digital Signs shall comply with Section 19.22.070(B)(3).
H. Sign Maintenance. All parts, portions, units, and materials composing a sign, together with the frame, background, surface, support, or enclosure, shall be maintained in a good and safe condition, painted, and adequately protected from weathering with all braces, bolts, and structural parts, supporting frames, and fastenings reasonably free from deterioration, rot, rust, rips, tears, loosening, and similar damage so that they do not create a hazard to persons or property or constitute a nuisance.
I. Deteriorated Signs. Any sign or sign structure that is sagging, leaning, fallen, decayed, broken, deteriorated, has missing or inoperative lights, or is in an otherwise dilapidated condition shall be promptly repaired, to the satisfaction of the Community and Economic Development Director, or removed.
J. Graffiti. Graffiti on a sign shall be removed within 48 hours of notice of its placement on such sign.
K. Repairs. An unmaintained sign shall be repaired or replaced within 30 calendar days following notification via a Notice of Violation from the Code Enforcement Division. Noncompliance with such a request shall constitute a nuisance, and penalties may be assessed in compliance with the provisions of Chapter 19.46. Within the 15 days after a Notice of Violation is mailed, the property owner may request a hearing before the Hearing Officer on the unmaintained sign determination in compliance with the provisions of Chapter 9.94.
L. Rules for Sign Measurement.
1. Measuring Sign Height. The height of a sign shall be measured from the highest part of the sign, including any decorative features, to the height of the adjoining finished grade directly beneath the sign.
2. Measuring Sign Clearance. Sign clearance shall be measured as the smallest vertical distance between finished grade and the lowest point of the sign, including any framework or other embellishments.
3. Measuring Building Frontage. Building frontage is the building façade width that directly abuts a public street, private street, parking lot driveway, or parking spaces.
4. Calculating Sign Area: General. Supporting structures such as sign bases and columns are not included in the sign area, provided that they contain no lettering or graphics except for addresses or required tags. See Figure 22.01.
Figure 22.01: Calculation of Freestanding Sign Area
5. Calculating Sign Area: Single-Faced Signs (Four Sides or Fewer). For sign faces with four or fewer sides, sign area shall include the entire area within a single continuous perimeter composed of one triangle, square, or rectangle (consisting of no more than four corners) that enclose the extreme limits of all sign elements, including, but not limited to, sign structures or borders, written copy, logos, symbols, illustrations, and color. See Figure 22.02.
Figure 22.02: Calculation of Sign Area on Single-Faced Signs (Four Sides or Fewer)
6. Calculating Sign Area: Single-Faced Signs (Five Sides or More). For sign faces with five or more sides, sign area shall include the entire area within a single continuous perimeter composed of squares or rectangles (consisting of horizontal and vertical lines and no more than 12 corners) that enclose the extreme limits of all sign elements, including, but not limited to, sign structures or borders, written copy, logos, symbols, illustrations, and color. See Figure 22.03.
Figure 22.03: Calculation of Sign Area on Single-Faced Signs (Five Sides or More)
7. Calculating Sign Area: Double-Faced Signs. Only one face of a double-faced sign shall be counted in computing the permitted area of the sign. Double- faced (back-to-back) signs shall be regarded as a single sign when the sign is mounted on a single structure. Where the two faces are not equal in size, the larger sign face shall be used.
8. Calculating Sign Area: Multi-Faced Signs. On a three-faced sign, the combined sum of the area of two faces (the largest and smallest face) shall be counted in computing the permitted area of the sign.
9. Calculating Sign Area: Three-Dimensional Signs. On spherical, free-form, sculptural, or other non-planar signs, sign area equivalent to 50 percent of the sum of the areas using only the four vertical sides of the smallest cube that will encompass the sign structure, as shown in Figure 22.04, shall be counted in computing the permitted area of the sign.
Figure 22.04: Calculation of Sign Area on Three-Dimensional Signs
(Ord. MC-1531, 6-03-20; Ord. MC-1316, 10-06-09)