San Jose Municipal Code Part 4 Permits and Procedures

A. No person shall erect or alter, or cause to be erected or altered, any sign except pursuant to a development permit issued in accordance with Chapter 20.100 or pursuant to approval in accordance with Section 23.02.1300.C. below, unless exempted from such requirement by Section 23.02.1310.

B. A sign may be approved in conjunction with any development permit issued pursuant to Chapter 20.100. No separate application required by the requirements of this title shall apply.

C. Signs not approved in conjunction with a development permit issued pursuant to Chapter 20.100, and the alteration of existing signs may be approved by:

1. An adjustment to a development permit pursuant to Section 20.100.500; or

2. An amendment to a development permit issued pursuant to Chapter 20.100; or

3. A sign permit or sign permit adjustment issued pursuant to Section 23.02.1330; or

4. A historic preservation permit or historic preservation permit adjustment issued pursuant to Chapter 13.48 when the sign, or the site on which the sign is located, is designated on the City of San José's Historic Resources Inventory pursuant to Chapter 13.48 of Title 13 of this Code as a city landmark structure and/or the sign is located on a site that is within a city landmark historic district.

D. No permit shall be required for changing the message within an existing sign.

(Ords. 24201, 28282.)

A. The following Signs shall comply with all other requirements of this Title but are exempted from the permit requirements of Section 23.02.1300, unless otherwise expressly required elsewhere:

1. Temporary Signs.

2. Safety or Directional Signs of four (4) square feet or less that are not Programmable Electronic Signs.

3. Safety or Directional Signs regardless of size if erected by a public entity or public utility.

4. Election Signs.

5. Window Signs.

6. U.S. Flags; any other Flags displayed on flagpoles erected in conformance with all applicable laws.

7. Required Signs as described in Section 23.02.1030.

8. Signage for residential uses where there are four (4) or fewer residential occupancy units on the parcel.

9. Signs allowed on outdoor vending facilities under Section 20.80.870 of Part 10 of Chapter 20.80 of Title 20 of this Code.

10. Signs allowed on recycling facilities by Sections 20.80.1130.B.5. and C.11. of Part 13 of Chapter 20.80 of Title 20 of this Code.

11. Signs allowed on temporary trailers by Section 20.80.1740.6. of Part 18 of Chapter 20.80 of Title 20 of this Code.

B. Signs erected by the City are exempt from permit requirements but shall comply with all other requirements of this Title, provided, however that signs erected on City owned land pursuant to Council Policy 6-4, shall comply with Council Policy 6-4, in lieu of the requirements of this Title.

(Ords. 24201, 29223, 30162.)

A. An application for a sign permit or sign permit adjustment must be filed on a form provided by the director.

B. Each application shall be accompanied by the fee as set forth in the schedule of fees adopted by resolution of the city council.

C. In addition to the completed application form and fee, the applicant shall submit the following information:

1. Plans, drawn to scale with dimensions, including the following:

a. Details indicating proposed sign area, dimensions, colors, materials, graphic illustration and methods of illumination and attachment.

b. A site plan indicating the location of all existing and proposed signs.

c. Building elevations with the proposed sign depicted.

d. Photographs of the proposed sign location and the existing signs.

e. Any other information deemed necessary by the director for review of the proposal.

2. An application for, or verification of, environmental clearance for the project in accordance with Title 21 of this Code.

(Ord. 24201.)

A. An application for a permit for a public benefit gateway sign may be filed in accordance with Section 23.04.1010.

B. All requirements of this title shall apply to permits for public benefit gateway signs except as otherwise specified in Part 10 of Chapter 23.04.

C. In addition to other requirements in this part with regard to a permit, the permit application for a public benefit gateway sign shall include detailed information about the proposed sign which demonstrates that the sign constitutes a public benefit gateway sign in accordance with Part 10 of Chapter 23.04.

D. Notwithstanding Section 23.02.1300.D., a public benefit gateway sign is limited in message to identification of the traditional name of an established business area.

(Ord. 25032.)

A. An application for an interim temporary sign that does not meet the provisions of this title applicable to temporary signs that do not require a permit may be filed in accordance with the provisions of this part when the applicant has filed a permit application for an attached sign in accordance with the provisions of this part and that attached sign is anticipated to replace the interim temporary sign.

B. The director may grant an interim temporary sign permit pursuant to the provisions of this part only if the director finds that all of the following conditions are met:

1. The permit for the attached sign associated with the proposed interim temporary sign has been granted;

2. The location and design of the proposed interim temporary sign do not create any safety hazard; and

3. The proposed interim temporary sign complies with all of the requirements of this section and all of the location and size requirements of this title applicable to the attached sign with which it is associated.

C. Any interim temporary sign that is granted a permit pursuant to this section shall meet all of the following criteria:

1. The proposed interim temporary sign will be placed in the same location and will be of the same or smaller size and appearance as the permitted attached sign with which it is associated; and

2. The proposed interim temporary sign will not be erected or maintained for a period of time in excess of ninety consecutive days.

(Ord. 26187.)

A. Upon receipt of a completed application, the director shall review the application and approve, conditionally approve or deny the sign permit or sign permit adjustment.

B. The director's decision is an administrative determination and does not require a hearing or notice.

C. Except as provided in Section 23.02.1360 below, the decision of the director shall be final.

(Ord. 24201.)

The director may grant a sign permit or sign permit adjustment only after:

A. Finding that the proposed sign complies with the requirements of this title.

B. Finding that the location and design of the proposed sign do not create any safety hazard.

C. Finding that the proposed sign is consistent with the intent of this title based upon the following factors:

1. Location, material, color and scale;

2. Compatibility with architectural and landscape features; and

3. Compatibility with signs on the same parcel and on adjoining parcels.

(Ord. 24201.)

A. Whenever any sign for which a permit is required is erected without first obtaining such permit, a special investigation shall be made before a permit may be issued for such sign.

B. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be set forth in the schedule of fees adopted by resolution of the city council. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this title nor from any penalty prescribed by law.

(Ord. 24201.)

A. Permit adjustments are not subject to appeal. However, an applicant may file an application for a development permit or an amendment to a development permit pursuant to Chapter 20.100 of Title 20 of this Code.

B. A decision of the director rendered pursuant to an application for a development permit or an amendment to a development permit may be appealed pursuant to Part 2 of Chapter 20.100 and Section 20.100.490 of Title 20 of this Code.

C. Unless expressly provided elsewhere in this Code, no appeal is available from a decision of the director except as provided in subsection B. above.

(Ord. 24201.)

Editor's note— Ord. 30626 adopted June 29, 2021, repealed § 23.02.1370, which pertained to sign variances and derived from Ords. 24201, 27375, 29223, and 29324.