19.22.060 Sign Permit and Sign Program Requirements
   A.   Review Authority. Table 22.02 identifies the responsible review authority for sign permit and sign program approvals. At the Community and Economic Development Director's discretion, any sign permit or sign program submitted for review by the Community and Economic Development Director may be referred to the Planning Commission for Design Review. Procedures for review, appeal and notification shall be conducted as indicated in Chapter 19.52.
Table 22.02
Responsible Review Authority
Permit Type
Community and Economic Development Director
Planning Commission
Mayor and City Council
Table 22.02
Responsible Review Authority
Permit Type
Community and Economic Development Director
Planning Commission
Mayor and City Council
Sign Permit
 
 
 
Temporary Sign
Decision
Appeal
Appeal
Permanent Sign (General)
Decision
Appeal
Appeal
Creative Sign
Recommend
Decision
Appeal
Digital Sign
Decision
Appeal
Appeal
Iconic Sign
Recommend
Decision
Appeal
Nonconforming Sign Modification
Decision
Appeal
Appeal
Minor Sign Area Modification
Decision
Appeal
Appeal
Sign Program
Decision
Appeal
Appeal
Billboard Modification/ Replacement
Recommend
Decision
Appeal
 
   B.   Sign Permits.
      1.   Permit Required. To ensure compliance with the regulations contained in this Chapter, a Sign Permit is required to erect, move, alter, replace, or reconstruct a sign, whether permanent or temporary. Each sign requires a separate Sign Permit, except those specifically exempted under Section 19.22.020(C). The following sign maintenance activities are permitted without issuance of a Sign Permit, so long as any other required building permit is obtained prior to the modification of a sign:
         a.   Painting, repainting, or cleaning of a sign; and
         b.   Changes to the face or copy of a sign with changeable copy.
      2.   Identification Decal. Every sign for which a permit is issued shall be plainly marked with the corresponding permit number issued for the sign. Tags may be displayed on sign faces or at the base of a sign structure in a visible location. Tags for Freestanding Signs or Monument Signs shall be located on the structure no higher than six feet above grade.
      3.   Findings and Decision. The following findings are required to be made by the responsible review authority for approval of a specifically called-out Sign Permit application, with or without conditions:
         a.   The sign complies with the standards of this Chapter, any applicable specific plan or precise development plan, and any applicable Comprehensive Sign Program;
         b.   The sign is in substantial compliance with any applicable design guidelines and the design principles listed in Section 19.22.050;
         c.   The sign will not impair pedestrian and vehicular safety;
         d.   The sign's design or proposed construction will not threaten the public health, safety, or welfare; and
         e.   Where a commercial sign is affiliated with a business, that business shall have a valid Business License prior to issuance of Sign Permit.
      4.   Expiration and Extension of Sign Permit. An approved Sign Permit shall expire 12 months from the date of approval unless the sign has been installed in accordance with the approved Sign Permit and all applicable building codes or unless a different expiration date is stipulated at the time of approval. Notwithstanding these dates, the expiration date of the Sign Permit shall be automatically extended to concur with the expiration date of the companion Building Permit or other applicable permits.
Prior to the expiration of a Sign Permit, the applicant may apply to the Community and Economic Development Director for one extension of up to an additional 12 months from the original date of expiration. In response to an extension request, the Community and Economic Development Director may make minor modifications to the original approval or deny further extensions.
      5.   Revisions to Sign Permit. The Community and Economic Development Director may approve minor changes to an approved Sign Permit if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new/revised Sign Permit by the responsible review authority.
   C.   Comprehensive Sign Program.
      1.   Purpose. The purpose of a Comprehensive Sign Program is to integrate all signs proposed for a single development project with the overall site and structure design to present a unified architectural statement. A Comprehensive Sign Program provides a means for the flexible application of sign regulations for projects that require multiple signs and/or unique signs and to achieve, not circumvent, the purpose of this Section. A sign program shall not be used to circumvent the City of San Bernardino's prohibition on new billboards or any other prohibited sign.
      2.   When Required. The approval of a Comprehensive Sign Program shall be required whenever any of the following circumstances exist. A Comprehensive Sign Program may be requested in circumstances other than those outlined in Subsections a. through e., below, but is not required.
         a.   Whenever four or more separate tenant spaces are present on the same parcel or on multiple parcels that are part of a unified shopping center or similar business center, regardless of whether the tenant spaces are occupied;
         b.   Whenever five or more non-exempt signs are proposed for a single-tenant development;
         c.   Wherever two or more Digital Signs are proposed;
         d.   For any off-site temporary signs provided in conjunction with a residential subdivision pursuant to Section 19.22.080(D)(6); and
         e.   Whenever the Community and Economic Development Director determines that a Comprehensive Sign Program is needed because of special project characteristics (e.g., the size of site, the size and/or number of proposed signs, limited site visibility, a business within another business, the location of the site relative to major transportation routes, etc.)
      3.   Standards. A Comprehensive Sign Program shall comply with the following standards:
         a.   The proposed Comprehensive Sign Program shall comply with the purpose and intent of this Chapter, any adopted sign design guidelines, and the overall purpose and intent of this Section.
   b.   The proposed signs shall enhance the overall development and relate visually to other signs included in the Comprehensive Sign Program, to the structures and developments they identify, and to surrounding development, when applicable.
         c.   The Comprehensive Sign Program shall include all signs, including permanent, temporary, and exempt signs.
         d.   The Comprehensive Sign Program shall accommodate future revisions that may be required because of changes in use or tenants.
         e.   The Comprehensive Sign Program shall comply with the standards of this Chapter, except:
            (1)   The transfer of sign area limits from underutilized sign areas to areas that are more practical, through the use of a Sign Budget are permitted. The Sign Budget would equal the total allowable sign area of all signs in the development (inclusive of awning/ canopy, driveway, monument/pylon, projecting, and wall signs, but excluding exempt and temporary signs). A sign area transfer shall not exceed 50 percent of the total allowable sign area for any particular sign type.
            (2)   Deviations of up to 20 percent are permitted with regard to individual sign area, total number, location, and height of signs to the extent that the Comprehensive Sign Program will enhance the overall development and will more fully accomplish the purposes and intent of this Chapter.
            (3)   Deviations associated with Sections 19.22.060(B)(3)(e)(1) and (2) shall not be allowed in conjunction with deviations associated with Section 19.22.060(G).
         f.   Approval of a Comprehensive Sign Program shall not authorize the use of signs listed as prohibited by Section 19.22.040.
      4.   Findings and Decision. The following findings are required to be made by the responsible review authority for the approval of a Comprehensive Sign Program application, with or without conditions:
         a.   The Comprehensive Sign Program complies with the purpose and intent of this Chapter 19.22 and with all standards listed in Section 19.22.060(C)(3);
         b.   The Comprehensive Sign Program does not allow any sign that is prohibited by Section 19.22.040;
         c.   The Comprehensive Sign Program is in substantial compliance with any applicable design guidelines and the design principles listed in Section 19.22.050;
         d.   The Comprehensive Sign Program standards will result in signs that are visually related or complementary to each other and to the buildings and/ or developments they identify through the integration of predominant architectural materials, elements, or details of such buildings or developments;
         e.   The Comprehensive Sign Program will not result in signs that would impair pedestrian and vehicular safety; and
         f.   Light and glare associated with the signs will not negatively affect nearby residential uses.
      5.   Post-Approval Procedures. After approval of a Comprehensive Sign Program, no signs shall be erected, placed, painted, or maintained, except in conformance with such program, and such program may be enforced in the same way as any provision of this Section.
         a.   Lease Agreements. The Comprehensive Sign Program and all conditions of approval shall be attached to the lease agreements for all leasable space within a project.
         b.   Individual Signs. Any sign that conforms to an approved Comprehensive Sign Program may be approved by the Community and Economic Development Director; however, individual signs proposed under an approved Comprehensive Sign Program require a Sign Permit.
         c.   Amendments. The Community and Economic Development Director may approve minor amendments to a Comprehensive Sign Program that are in substantial conformance with the original approval. Minor amendments include revisions to sign location, sign type, and sign orientation. All other amendments, including amendments to total sign area and/or conditions of approval, shall be processed as a new application.
   D.   Creative Sign Permits.
      1.   Purpose. The purposes of the Creative Sign Permit are to:
         a.   Encourage signs of unique design that exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit; and
         b.   Provide a process for the application of sign regulations in ways that will allow creatively designed signs to make a positive visual contribution to the overall image of the city, while mitigating the impacts of large or unusually designed signs.
      2.   When Required. An applicant may request approval of Creative Sign Permit to authorize one on-site sign that employs standards that differ from the standards applicable to signs established in this Chapter but comply with the specific provisions of this Section. However, the Creative Sign Permit process shall not be used to allow any prohibited sign type or feature set forth in Section 19.22.040.
      3.   Findings and Decision. The following findings are required to be made by the responsible review authority in the approval of a Creative Sign Permit application, with or without conditions:
         a.   Design quality. The proposed creative sign will:
            (1)   Comply with the design principles set forth in Section 19.22.050;
            (2)   Contribute a substantial aesthetic improvement to the site and have a positive visual impact on the surrounding area;
            (3)   Have a unique design and exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness through the use of color, graphics, proportion, quality materials, scale, and/or texture;
            (4)   Utilize or enhance the architectural elements of the building; and
            (5)   Be located and designed not to cause light and glare impacts on surrounding uses, especially residential uses.
         b.   Contextual criteria. The sign will also contain at least one of the following elements:
            (1)   Classic historic design style;
            (2)   Creative image reflecting current or historic character of the City of San Bernardino; or
            (3)   Inventive representation of the logo, name, or use of the structure or business.
      4.   Expiration, Extension, and Amendment of Creative Sign Permit. Procedures for expiration, extension, and amendments of Creative Sign Permits shall comply with Section 19.22.060(B)(4) and Section 19.22.060(B)(5).
   E.   Iconic Sign Permits.
      1.   Purpose. The purpose of the Iconic Sign Permit is to:
         a.   Preserve signs that, through design and artistic expression unrelated to their message, are culturally significant and represent unique character, history, and identity; and
         b.   Protect the community from inappropriate reuse of nonconforming and/ or illegal signs.
      2.   Application. An application for an Iconic Sign Permit may be made by a business owner, property owner, or the City of San Bernardino for consideration by the responsible review authority.
      3.   Findings and Decision. In granting an Iconic Sign Permit, the responsible review authority shall be required to make the following findings:
         a.   Technical Criteria. Iconic Signs shall meet the following technical criteria:
            (1)   The sign uses materials, technology, or sign-making technique representative of its period of construction;
            (2)   The sign is structurally safe or can be made safe without substantially altering its original appearance; and
            (3)   The sign retains the majority of its character-defining features. If character- defining features have been altered or removed, the majority are potentially restorable to their original function and appearance.
         b.   Design Criteria. Iconic Signs shall meet two or more of the following cultural or vernacular design features:
            (1)   The sign exemplifies the cultural, economic, or period heritage of the City of San Bernardino.
            (2)   The sign exhibits extraordinary aesthetic quality, creativity, or innovation;
            (3)   The sign represents an entity that is an important part of San Bernardino history; or the sign is obsolete sign copy that is originally associated with a chain or franchise business that it either local or regional chain or franchise only found in the City of San Bernardino or the southwestern United States; or the sign is associated with a significant historical event; or there is scholarly documentation to support its preservation; or it is a rare surviving example of a once common type; or
            (4)   The sign is at least 50 years old.
      4.   Standards and Allowances for Iconic Signs.
         a.   Structural Improvements. Iconic Signs may have structural improvements completed to extend the life of the sign, provided such improvements do not affect the integrity of the iconic nature of the sign.
         b.   Damage Repairs. If the sign is damaged, it may be repaired and/or replaced with the original sign area and original height, even if the sign does not conform to the standards of this Chapter, provided such repairs do not affect the integrity of the iconic nature of the sign.
         c.   Sign Area Bonus. The area of an Iconic Sign shall not be counted toward the maximum sign area for a premise.
         d.   Relocation. Relocation of an Iconic Sign shall be permitted through an approved Sign Permit, provided the following requirements are met:
            (1)   Relocation shall be to a location within the original premises or to a location within the specific neighborhood in which the sign was originally located; and
            (2)   If relocated to another premise, the sign shall display a conspicuous text or a plaque, using a template provided by the City of San Bernardino, that indicates that the sign has been relocated, the date of relocation, and the original location.
         e.   Change in Sign Copy.
            (1)   Changes in sign copy shall be permitted, provided such changes do not result in changes to character-defining text, as determined by the Community and Economic Development Director.
            (2)   Changes in sign copy shall match or be compatible with existing text in material(s), letter size, font/ typography, and color, as determined by the Community and Economic Development Director.
      5.   Expiration, Extension, and Amendment of Iconic Sign Permit. Procedures for expiration, extension, and amendments of Iconic Sign Permits shall comply with Section 19.22.060(B)(4) and Section 19.22.060(B)(5).
   F.   Nonconforming Sign Modifications via a Nonconforming Sign Permit.
      1.   Purpose. The purpose of the Nonconforming Sign Permit is to allow signs that are legally nonconforming only by virtue of the zone in which they are located (meaning that the zone does not permit the sign) to have minor modifications and improvements made to them.
      2.   When Required. A Nonconforming Sign Permit is required whenever the owner of a sign located on a property which has been rezoned and where the rezoning has resulted in the sign becoming nonconforming proposes to modify an existing Nonconforming Sign's pole structure or relocate a sign on the same site.
      3.   Permitted Modifications.
         a.   Relocation. Such sign may be relocated on the subject site to a location that reduces impacts on surrounding residential uses, improves onsite circulation, or improves the visibility of the sign without impacting surrounding uses.
         b.   Replacement. A Nonconforming Sign may be replaced with an Awning Sign or Wall Sign, of a size not to exceed the existing sign.
         c.   Improvements to Pole Signs. The structure of a Pole Sign may be modified to improve the physical appearance of the pole structure, as determined by the responsible review authority.
      4.   Findings and Decision. In granting a Nonconforming Sign Permit, the responsible review authority shall be required to make the following findings:
         a.   The Nonconforming Sign Modification is in substantial compliance with any applicable design guidelines and the design principles set forth in Section 19.22.050;
         b.   The Nonconforming Sign Modification will result in a sign or signs that are visually related or complementary to each other and to the buildings and/or developments they identify through the integration of predominant architectural materials, elements, or details of such buildings or developments;
         c.   The size, height, and sign type of the nonconforming sign are permitted in a zone in the City of San Bernardino that allows the type of use the sign identifies;
         d.   The Nonconforming Sign Modification does not include a digital sign; and
         e.   The Nonconforming Sign Modification will not result in signs that would impair pedestrian and vehicular safety nor create light and glare that would negatively affect nearby residential uses.
      5.   Expiration, Extension, and Amendment of Nonconforming Sign Modification Permit. Procedures for expiration, extension, and amendments of Nonconforming Sign Permits shall comply with Section 19.22.060(B)(4) and Section 19.22.060(B)(5).
   G.   Minor Sign Area Modification.
      1.   Purpose. The purpose of the Minor Sign Area Modification Permit is to encourage Permanent Signs that exhibit extraordinary aesthetic quality, creativity, and/or innovation through a minor increase to the maximum allowed sign area.
      2.   Application. An application for a Minor Sign Area Modification Permit may be made by a business owner, property owner, or the City of San Bernardino for consideration by the responsible review authority.
      3.   Permitted Modification. Permanent Signs may deviate no more than 10 percent from the applicable maximum sign area standard established in this Chapter. A modification permitted by this Subsection shall not be additive to any modification allowance permitted by this Chapter, including a Comprehensive Sign Program.
      4.   Findings and Decision. In granting a Permanent Sign Area Modification Permit, the responsible review authority shall be required to make the following findings:
         a.   The Permanent Sign complies with the design principles set forth in Section 19.22.050;
         b.   The Permanent Sign will contribute a substantial aesthetic improvement to the site and have a positive visual impact on the surrounding area; and
         c.   The Permanent Sign will provide strong graphic character through the effective use of color, graphics, proportion, quality materials, scale, and texture.
      5.   Expiration, Extension, and Amendment of Permanent Sign Area Modification Permit. Procedures for expiration, extension, and amendments of Permanent Sign Area Modification Permits shall comply with Section 19.22.060(B)(4) and Section 19.22.060(B)(5).
(Ord. MC-1531, 6-03-20)