The downtown revitalization overlay zone is established by this chapter in order to achieve the following purposes:

A.

To provide an overlay zone which will implement the goals and policies of the General Plan and the Rialto central area specific plan;

B.

To assure appropriate and consistent development of the downtown area including urbanscape, scenic highways and community design;

C.

To preserve and enhance the existing natural and manmade scenic, historic and cultural resources of the downtown area,

D.

To create the highest order of visual continuity and functional compatibility between the various physical components of the downtown area.

(Ord. 1184 § 1 (part), 1993)

The downtown revitalization overlay zone established by this chapter shall apply to all properties having direct frontage on the portion of Riverside Avenue extending between the Southern Pacific (former Pacific Electric) Railroad and the A.T. and S.F. Railroad.

(Ord. 1184 § 1 (part), 1993)

The following design standards are applicable to the downtown revitalization overlay zone:

A.

Demolition, Alteration, Removal or Change Prohibited Without Approval.

1.

No person shall demolish, remove alter or materially change the exterior appearance of any structure or portion of any structure visible from a public street or alley which would require the issuance of a building permit, nor shall any building permit for such work be issued without first having applied for and received approval of a precise plan of design by the community development director.

2.

No demolition permit shall be issued unless the director development services or his/her designee finds that the structure or portion thereof is not a significant architectural or historical asset to the downtown revitalization overlay zone and that its loss would not have a significant adverse effect on the purposes of the downtown revitalization overlay zone.

B.

Duty to Maintain Structures and Premises.

1.

Any property owner, tenant and/or lessee of a structure within the downtown revitalization overlay zone shall maintain and keep in good repair such structures and premises.

2.

"Good repair" includes and is defined as that level of exterior maintenance and repair which clearly insures the continued availability of the structures and premises for permitted uses; prevents deterioration, dilapidation or decay of any exterior portion of structures or premises, and avoids impairment to surrounding structures.

3.

Failure to maintain buildings and structures in good repair shall be abated by means of provisions as established in the Chapter 18.72 of this code.

C.

Applicable Development Standards—Rialto Central Area Specific Plan.

1.

All development standards as established and adopted as part of the Rialto Central Area Specific Plan shall apply to the downtown revitalization overlay zone unless specifically stated within this section.

2.

There shall be no required building setbacks for structures from property lines. The community development director may or may not, as a condition of approval of the precise plan of design, require setbacks where they enhance the integrity of the project and/or integrate the architectural character and the theme of the downtown revitalization overlay zone and do not deprive the owner of substantial or reasonable use of his/her property.

(Ord. 1234 (part), 1995: Ord. 1184 § 1 (part), 1993)

(Ord. No. 1645, § 3, 7-14-20)

A.

The community development director shall review and approve the design of each improvement in the downtown revitalization overlay zone for which a building permit, new business license or certificate of occupancy or other approval pursuant to this section is required. The term "improvement ' is defined as the exterior construction, alteration and repair of all buildings, structures and facilities and the installation of any signs or any other architectural item to the building or property. This section shall not apply to routine and/or customary maintenance and repairs that do not materially change the exterior appearance of the structure, nor shall it apply to temporary repairs certified as an emergency by the building division.

B.

The community development director shall review and approve all applications for a precise plan of design if the following aspects of the project or proposed development are consistent with the purpose and intent of the downtown revitalization overlay zone and the Rialto Central Area Specific Plan:

1.

Height, bulk and area of the buildings;

2.

Colors, materials and architectural style of buildings and installation;

3.

Front and rear facades;

4.

The physical and architectural relationship with the existing and/or proposed structures;

5.

Site, layout, orientation and location of buildings in relationship to open areas and topography;

6.

Height, materials, colors and variances in building walls, fences and/or plant screening;

7.

Off-street parking and existing and/or proposed access points;

8.

Sign design and location;

9.

Exterior lighting;

10.

Pedestrian access;

11.

Landscaping;

C.

Conditions of approval may be applied in order to assure that the development complies completely with the above standards and to bring any proposed development into conformity. If the applicant and/or property owner is aggrieved by any condition of approval required by the community development director, the condition(s) may be appealed to the planning commission. The appeal to the planning commission shall be made in writing and submitted to the community development department within fifteen days of the community development director's action. The appeal shall be set for planning commission consideration within sixty days of the city's receipt of the notice of appeal.

D.

When the community development director or planning commission approves the precise plan of design and the applicant has agreed to all conditions of approval and has signed and submitted to the community development department the statement of acceptance of said conditions, the applicant shall submit final working drawings to the building and safety division for issuance of required building permit.

(Ord. 1234 (part), 1995: Ord. 114 § 1 (part), 1993)

(Ord. No. 1645, § 3, 7-14-20)

A.

Sign Design Criteria. Signs are permitted in the downtown revitalization overlay zone subject to the following design criteria:

1.

All signs on a given parcel shall be coordinated in color, letter style and overall design.

2.

The colors used on all signs on a building shall be coordinated and shall be complementary to the colors used on the building. Colors should be generally limited to the softer and more subtle hues. If bright colors are to be used, they should be limited to well-integrated accent points. Usually no more than two or three colors should be used on a sign.

3.

Sign copy shall generally be limited to the name of the business or the general nature of the goods or services. Slogans or the advertising of specific products and services are discouraged. If slogan or advertising must be present, no more than ten percent of the sign copy area may be devoted to such copy and it shall be made an integral part of the sign design.

4.

Unless otherwise specified in this section, internally lit signs are allowed when only individual letters or symbols are illuminated or where internally illuminated signs have dark or opaque backgrounds with light colored letters.

5.

Neon tube signs are fabricated by a glass tube which is bent to form letters, symbols or other shapes. These signs are illuminated by an electrical charge through gas (neon, argon, etc.) contained in the tube. Neon tube signs can be highly individualized and creative, and are encouraged, although flashing or moving designs using neon tubes are not allowed. The area of neon tube sign shall be counted against the area allowed for that building face.

6.

The use of bare bulb illumination is not allowed.

7.

Graphics illuminated by flood light (or spotlight) must be positioned in such a manner that none of the light shines directly onto an adjoining property or glares or shines in the eyes of motorists or pedestrians.

8.

When signs are removed or replaced with a sign of a different size or shape, all holes must be patched and surfaces repainted or refinished to match surrounding wall surfaces.

9.

Business logos are encouraged when combined with business names but shall not occupy more that twenty-five percent of the sign copy area and shall be made an integral part of the sign design.

B.

Wall Signs. A "wall sign" for the purpose of this chapter is defined as a sign which is attached to or erected against the wall of a building or structure, the exposed face of which is in a plane parallel to the plane of the wall and which projects not more that twelve inches from the building or structure. Wall signs are permitted subject to the following provisions:

1.

Wall signs may be attached to the face of the building for each business. The wall sign shall not exceed one square foot of sign area for each linear foot of building frontage, or portion thereof, involved.

2.

Building frontage includes frontages whereon a public entry to the business is located. Separate calculations may be made for front and side entrances, and separate wall signs may be placed on each of these frontages. Where no public entry is provided on a side of the building, an additional wall sign not exceeding twenty-five square feet in area may be placed on the side wall.

3.

In cases where a business has a rear parking area together with a rear public entry, signs may be located on the rear wall of the building subject to the standards set forth for the front of the building, provided that the arrangement, design and intensity of illuminated signs shall not create glare or a disturbance for abutting properties.

C.

Projecting Signs. A "projecting sign" for the purpose of this chapter, is defined as a sign, other than a wall sign, which is suspended from or supported by a building or structure and which projects from the face of the building or structure more than twelve inches. This category also includes any sign suspended under a marquee, porch, walkway covering or similar structure. Although projecting sign graphics are not permitted in the city in general, they may be permitted in the downtown revitalization overlay zone subject to the following provisions:

1.

Projecting signs are intended to be small in size and pedestrian oriented. It is preferable to depict graphically the business or service offered.

2.

Size. No projecting sign shall exceed four and one-half square feet in area on the maximum size single display surface The area of a projecting sign shall be included in the calculation of the total sign area permitted for the building All projecting signs shall be no higher than fifteen feet above sidewalk and provide vertical clearance to sidewalks of at least eight feet. Projecting signs shall not extend more than three feet from the building or thirty-three percent of the sidewalk width, whichever is less. At least six inches of clearance between the sign and the building face shall be maintained, and all signs shall project from the wall at an angle of ninety degrees.

3.

Location. Projecting signs shall be placed at least fifty feet apart. If individual storefront locations preclude following the fifty-foot rule, then projecting signs shall be placed no closer than at each storefront, but in no event shall projecting signs be closer than twenty-five feet.

D.

Monument Signs. A "monument sign" for the purpose of this chapter is defined as a low profile freestanding sign, which is detached from the building and attached to the top of a solid base support structure constructed of materials accenting the architectural theme of the building on the same lot. No pole supports are allowed on the monument sign. Monument signs are permitted subject to the following provisions:

1.

One monument sign per lot or parcel is permitted provided that the maximum sign area shall not exceed twenty square feet and the overall height shall not exceed five feet above grade.

2.

Monument signs may be materially illuminated, provided that background areas of the sign are opaque or of dark translucent materials, or externally illuminated.

3.

No portion of the monument signs shall be located within or extend into the public right-of-way.

E.

Window Signs. A "window sign" for the purpose of this chapter is defined as a sign which is painted, attached, glued or otherwise affixed to a window or otherwise easily visible from the exterior of the building. Window signs are permitted subject to the provision that the total area of the window signs in a single window shall not exceed twenty-five percent of that window area.

F.

Awning Signs. An "awning sign" shall be defined as a sign which is painted, sewn, stained, or otherwise exhibited on the exterior surface of the valance of an awning. Awning signs are permitted subject to the following provisions:

1.

Twenty percent of the total aggregate sign area as permitted under this section may be devoted to awning signage, excluding any window or temporary signage.

2.

The sign area is limited to the valance of the awning itself and letter height is limited to six inches or less. Letter color should be compatible with the awning and the building color scheme.

G.

Temporary Advertising Signs. A "temporary advertising sign" for the purpose of this chapter is defined as a banner, flag, pennant, window signing or other signage intended to be displayed for a short period of time associated with the advertisement of the initial opening of a business, the change of ownership of the business or special merchandise sales or promotion activities. Temporary advertising signs are permitted subject to the following provisions:

1.

The maximum size of temporary advertising signage shall be thirty square feet.

2.

The display of such temporary signage shall not exceed a period of twenty-one days and shall not be repeated within any ninety-day period. A cash deposit in the amount of fifty dollars per sign shall be deposited with the planning division prior to the issuance of a permit for the temporary signage to ensure removal at the end of the twenty-one day approval period. If the display is not removed, the cash deposit will be declared forfeit and the display will be abated by the city.

3.

Street light banner signage may be permitted subject to review and approval by the public works department and approval of an encroachment permit by the city engineer.

H.

Exempt Signs. The following signs shall be exempt from the requirements of this chapter:

1.

Permanent window signs not exceeding three square feet in area and limited to business identification, hours of operation, address and emergency information only;

2.

Interior signs within a structure not visible from off site or from outside of building;

3.

Memorial tablets, plaques or directional signs for community historical resources, installed by the Rialto Historical Society or a recognized civic organization;

4.

Official and legal notices issued by the court, public body, person, or officer in performance of his or her public duty or in giving legal notice;

5.

Directional, warning or informational signs or structures required or authorized by law or by federal, state, county or city authority;

6.

Convenience signs which are necessary for public convenience and not exceeding three square feet in area;

7.

Official flags of the United States of America, the state of California, the county, and official flags of internationally and nationally recognized organizations, when on a flagpole or otherwise properly displayed;

8.

Signs of public utility companies which indicate danger, serve as an aid to public safety or indicate the location of underground facilities or public telephones;

9.

Safety signs on construction sites;

10.

Street light banner signs subject to review by the public works department and approval of an encroachment permit by the city engineer;

11.

Seasonal signage displayed within the public right-of-way and subject to approval of an encroachment permit by the city engineer.

I.

Prohibited Signs. All signs not expressly permitted in this chapter are prohibited within the downtown revitalization overlay zone including, but not limited to, the following:

1.

Flashing Signs. Signs which contain or are illuminated by lights which are intermittently on or off, which change intensity or which create the illusion of motion in any manner;

2.

Roof Signs. A sign erected, constructed, painted or otherwise placed upon or over a roof or parapet wall of a building and which is partially or wholly supported by the building;

3.

Portable Signs. A sign which is not designed to be permanently attached to a structure or to the ground;

4.

Free Standing Pole Signs. A sign which is permanently supported by one or more supports, braces, poles or other similar structural components while utilizing the ground or roof as a primary supportive base;

5.

Vehicle Signs. A sign which is attached to a vehicle and placed on any property, street or alley so as to attract attention to the business;

6.

Banners, flags and/or pennants, except for temporary advertising as provided for in this section and as approved by the director of development services;

7.

Tethered balloon or balloons.

(Ord. 1234 (part), 1995: Ord. 1184 § 1 (part), 1993)

(Ord. No. 1645, § 3, 7-14-20)

A.

Application for Sign Permit. Application for a sign permit shall be made in writing upon forms provided by the building division. Such application shall contain the location by street and number of the proposed sign structure, together with the name and address of the owner and the sign contractor or erector. Two copies of the sign plans shall be filed with the application including the following:

1.

Plot plan, fully dimensioned, indicating location of street frontage(s) shall be clearly indicated on the plan;

2.

Elevation plan indicating the height and size of proposed sign, method of illumination, colors and materials of construction;

3.

Structural details and calculations prepared by a state-registered engineer or architect as determined by wind load factors and requirements of the building division;

4.

Payment of all applicable permit and inspection fees in the amounts established by resolution or ordinance of the city council;

5.

Such other information as the city may require to determine full compliance with city ordinance and resolution requirements;

6.

Photographs of the entire exterior of the building which is to be signed;

7.

Samples of all materials and colors to be used in the proposed sign.

B.

Sign Review. Prior to the issuance of a sign permit by the building division, the applicant shall submit copies of the sign plan required for the sign permit to the community development department for processing and approval. It shall be the responsibility of the community development department to determine that the sign proposal is in conformance with the purpose and architectural character as established in the downtown revitalization overlay zone.

(Ord. 1234 (part), 1995: Ord. 1184 § 1 (part), 1993)

(Ord. No. 1645, § 3, 7-14-20)

A.

It is the intent of this section to recognize that the eventual elimination of existing signs that are not in conformity with the provisions of this chapter is as important as is the prohibition of new signs that would violate these regulations.

B.

In accordance with the provisions of Chapter 2.5 (commencing with section 5490) of the state Business and Professions Code, no nonconforming sign shall be compelled to be removed or abated, and its customary maintenance, use or repair shall not be limited without the payment of fair and just compensation to the owner of the sign as prescribed by state law, unless the sign meets any of the criteria as specified in Section 18.102.070 of this code.

C.

No new sign shall be approved for a site structure, building or use that contains nonconforming signs unless such nonconforming signs are removed or modified to conform with the provisions of this chapter

(Ord. 1184 § 1 (part), 1993)