10-27-89
TO: Colorado River Indian Tribes' Law and Order Code Book Holders
SUBJECT: Land Code - Article 6, Sign Ordinance
On October 27, 1989 the Tribal Council enacted Ordinance No. 89-1 which
added Article 6, sign Ordinance (copy attached) to the Land Code.
Please insert this code behind Article 5 of the Land Code.
attachment
LAND CODE
ARTICLE 6
SIGNS
CHAPTER 1. GENERAL PROVISIONS
Section 6-101. Purpose.
Signs are herein regulated to promote traffic safety, safeguard
pubic health and comfort, facilitate police and fire protection,
prevent adverse community appearances and the overcrowding of land, and
protect the character of the area in which signs are located. The sign
regulations are designed to permit maximum legibility and effectiveness
of signs and to prevent over concentration, improper placement, and
excessive height, bulk and area. In general, it is intended that signs
of a general commercial nature be prohibited in areas where commercial
activities are prohibited and that signs in less restrictive business
and industrial areas be regulated to the extent necessary to protect
the character of the area and to conserve property values. Further,
that because the aesthetic value of the total environment does affect
economic values of the community, and the unrestricted proliferation of
signs can and does detract from the economic value of the community, it
is the intent of this Article to provide limiting controls, where
necessary, to preserve community scenic, economic and aesthetic values.
Section 6-102. Definitions.
Certain words in this Article are defined for the purpose of this
Article, as follows, unless the contrary clearly appears from the
context:
(1) Area of copy. The square or rectangular area which fully
encloses the extreme limits of the message, copy, announcement or
decoration of a sign.
(2) Awning sign. Any sign constructed of fabric-like nonrigid
material which is a part of a fabric or flexible plastic awning.
Permanent awnings are herein defined as marquees.
(3) Banner. Any sign, except an awning sign, made of flexible,
fabric-like material, for temporary use.
(4) Building. A "building" is an edifice, structure or
construction of any kind which is located or proposed to be located on
a lot.
(5) Building Code(s). The term building codes shall be those
codes adopted by the Tribal Council of the Tribe and codified in the
Health and Safety Code of the Colorado River Indian Tribes.
(6) Changeable copy sign (manual). Any sign on which copy is
changed manually and copy is shown on the same sign face such as reader
boards with changeable letters or changeable pictorial panels, but not
limited to the above. Poster panels and painted boards are not
changeable copy sign.
(7) Construction sign. Any temporary sign erected during
construction which may indicate the project name and the names of
architects, engineers, landscape architects, contractors,
subcontractors, developers, rental agencies, financial institutions, or
other principals involved in the sponsorship, design, and construction
of a structure or project.
(8) Copy (permanent and temporary). The wording or pictorial
graphics on a sign surface either in permanent or removable form.
(9) Cut-outs. Part of the copy of an outdoor advertising sign
which extends beyond the edge or border of the sign. Sometimes called
a "top-out" or "extension".
(10) Double-faced outdoor advertising signs. Outdoor advertising
sign structures placed back to back with a distance between the backs
of the signs of not greater than three feet (3').
(11) Erect. To assemble, build, construct, attach, hang,
install, place, raise, suspend, affix, paint, or in any way bring into
being or establish.
(12) Face of sign (sign face). The entire surface area of a sign
upon, against or through which copy is placed.
(13) Flashing sign. Any sign which contains an intermittent,
blinking, scintillating or flashing light source, or which includes the
illusion of intermittent or flashing light, or an externally mounted
intermittent light source.
(14) Front yard. A "front yard" is a clear unoccupied space on
the same lot with a building, extending across the entire width of the
lot and situated between the front line of the building and the front
line of the lot.
(15) Ground sign. Any sign erected on a supporting structure,
mast, post, or pole and not attached, supported or suspended to or from
any building or structure. Sometimes called a "detached",
"free-standing" or "pole" sign.
(16) Height of sign. The "height of a sign" is the vertical
distance measured from the mean curb level to the level of the highest
point of the sign and, in the case of a sign not adjoining a street or
highway, the "height of a sign" is the vertical distance of the average
elevation of the ground immediately adjoining the sign to the level of
the highest point of the sign.
(17) Identification sign. Any on-premise sign located on a
nonvacant premise which carries only the name, address, or both, of a
building, business, development, establishment, firm or individual
located on the premise, and no other message, copy, announcement or
decoration.
(18) Information sign. Any on-premise sign containing no other
message, copy, announcement, or decoration other than instruction or
direction to the public. Such signs include but are not limited to
signs identifying the following: rest rooms, public telephones,
walkways, entrance and exit drives, freight entrances and traffic
direction.
(19) Internal illumination. A light source concealed or
contained within the sign itself, such as a neon tube, which becomes
visible in darkness by shining through a translucent surface.
(20) Major access corridors. All U.S. and state highways, Mohave
Road and Agnes Wilson Road.
(21) Mansard-type roof. A roof having the appearance of being
flat with at least two (2) sloping sides not in excess of forty-five
(45) degrees from the vertical.
(22) Marquee. Any hood or awning of permanent construction
without pillars or posts which is supported from the wall of a building
and extends beyond the building, building line or property line.
(23) Marquee sign. A sign erected, stenciled, engraved on,
attached to, or suspended from a marquee or canopy.
(24) Mechanical movement. Refers to animation, revolution,
rotation or any other movement of any or all parts of a sign.
(25) Multiple-sided sign. Any sign having more than two (2)
geometric surfaces upon which copy is placed.
(26) Neon tube illumination. A light source supplied to a sign
by a luminescent gas which is bent to form letters, symbols or other
shapes, or contained within an illuminated sign.
(27) Nonconforming sign. Any sign which is lawfully erected and
maintained prior to such time as it came within the purview of this
Article and any amendments thereto, but fails to conform to all
applicable regulations and restrictions of this Article.
(28) Off-premise sign. Any sign or structure, pictorial or
otherwise, regardless of size or shape which directs attention to a
business, commodity, profession, service or entertainment conducted,
sold, offered, manufactured or provided at a location other than the
premises where the sign is located or to which it is affixed. Sometime
called non-point-of-sale sign.
(29) On-premise sign. Any sign or structure, pictorial or
otherwise, regardless of size or shape which directs attention to a
business, commodity, profession, service or entertainment conducted,
sold, offered, manufactured or provided at a location on the premises
where the sign is located or to which it is affixed.
(30) Outdoor advertising sign. Any off-premise, off-site, poster
panel, billboard or non-point-of-sale sign.
(31) Parapet wall. That portion of any building wall that rises
above the level of the roof line.
(32) Portable sign. Any sign which rests upon the ground, a
structure, frame, building, or other surface. Such signs include but
are not limited to the following: trailer signs, sandwich board signs,
sidewalk or curb signs.
(33) Poster. Any sign made of a rigid, semi-rigid or nondurable
material such as paper or cardboard, other than billboard copy.
(34) Product sign. Any sign attached to outdoor vending
machines, stands, gasoline pumps, and display rack which directs
attention to products dispensed therefrom.
(35) Projecting sign. Any sign which is erected on or attached
to a building, wall or structure and extends beyond the building wall
more than twelve (12) inches.
(36) Projection. The distance by which a sign extends beyond the
building or structure wall.
(37) Real estate sign. Any on-premise sign pertaining to the
sale, rental, development or lease of a lot, tract of land, structures
or a portion thereof where the sign is located.
(38) Roof line. The juncture of the roof and the perimeter wall
of the structure.
(39) Roof sign. Any sign, including outdoor advertising,
attached to and extending from a roof of a structure or building, but
shall not include emblems of religious orders.
(40) Signable area. That area of the facade of a building free
of windows or doors to which a sign may be erected.
(41) Sign. Any identification, description, animation,
illustration or device, illuminated or nonilluminated, which is visible
from any right-of-way and directs attention to any realty, product,
service, place, activity, person, institution, performance, commodity,
firm, business or solicitation, including any permanently installed or
situated merchandise or any emblem, painting, banner, poster, bulletin
board, pennant, placard or temporary sign designed to identify or
convey information, with the exception of Tribal, state or national
flags. Unless otherwise indicated herein, the term "sign" shall
include any identification or advertising device, including
"billboards" which are permanent in nature.
(42) Temporary sign. A sign which requires a permit and is
permitted for a period of no longer than thirty (30) days.
(43) Tribe or Tribal. The words "Tribe" or "Tribal" shall refer
to the Colorado River Indian Tribes.
(44) V-type sign. An outdoor advertising sign structure
constructed in the form a "V" with an angle no greater than forty-five
(45) degrees and at no point separated by a distance greater than five
(5) feet.
(45) Wall sign. Any sign, other than a projecting sign, which is
erected upon, against or through any wall or facia of a building or a
structure not projecting more than twelve (12) inches from a wall; or a
window sign when its wording exceeds six (6) inches in height. The
following are not wall signs: Wall identification signs and
commemorative plaques not more than four (4) square feet in area,
memorial cornerstones or tablets providing information on building
erection or commemorating a person or event.
(46) Window sing. Any sign painted, stenciled or affixed on a
window, which is visible from a right-of-way.
(47) Windblown sign. Any banner, flag, pennant, spinner,
streamer, moored blimp or gas balloon.
TABLE OF BASIC DESIGN ELEMENTS - SEE HARD COPY
CHAPTER 2. ON-PREMISE SIGNAGE
Section 6-201. Purpose.
On-premise advertising signs are herein regulated in the interest
of promoting traffic safety, safeguarding public health and preventing
adverse community appearance, and protecting the character of the area
in which they are located. The regulations are designed to permit
maximum legibility and effectiveness of signs and to prevent their over
concentration, improper placement, and excessive height, bulk and area.
In general, it is intended that signs of a general commercial nature be
prohibited and that signs in less restrictive business and industrial
areas be regulated to the extent necessary to protect the character of
the area and to conserve property values.
Section 6-202. Design Regulations.
All signs provided for in this Article shall be consistent with
all definitions and shall comply with all standards and regulations of
this Article.
a. Table of basic design elements. Except for ordinary maintenance
or repair, no ground sign, projecting sign, wall sign, or part thereof
may be erected, altered, constructed, changed, converted, enlarged or
moved unless in conformity with the following table:
b. Sign area computation.
1. The sign area of a wall sign which consists of individual
letters that are erected directly onto a wall exclusive of any
sign surface, is measured by finding the area of the minimum
imaginary rectangle or square of vertical and horizontal lines
fully enclosing all sign words, copy or message.
2. The sign area of signs with three (3) or more sides
(multiple-sided signs) containing copy, message, decoration or
announcement visible from a street or highway is measured as
the sum of the areas of any two (2) adjacent sides.
3. The sign area of any other sign is measured by finding the
area of the minimum imaginary rectangle or square of vertical
and horizontal lines which fully encloses all extremities of
the sign, exclusive of its supports.
c. Construction standards.
1. Compliance with building codes. All signs shall comply with
the appropriate detailed provisions of the Tribal building
codes, including the Uniform sign Code as adopted by the
Tribe. In the event of a conflict between this Article and a
requirement of the Tribal building codes, the more restrictive
provision shall apply, unless specifically stated herein to
the contrary.
2. Clearance from high voltage power lines. Signs shall be
located in such a way that they maintain horizontal and
vertical clearance of all overhead electrical conductors in
accordance with the Tribal electrical code specifications,
provided that no sign, except government traffic signs, shall
be installed closer than ten (10) feet horizontally or
vertically from any conductor or public utility guy wire.
Section 6-203. Specific sign Regulations.
a. Awning and marquee signs. Awning and marquee signs are permitted
in all areas except conservation and residential areas. Individually
cut out words may be attached to, stenciled or otherwise affixed onto
awnings. Identification signs suspended no more than one foot from the
underside of a canopy or marquee are permitted provided such signs
shall not exceed a height of six (6) inches, nor shall such signs
extend outside the length or width of its marquee or canopy. Awnings
and marquees shall not extend into or over the front yard spaces by
more than twenty (20) percent, unless a specific use exception has been
issued by the Tribe.
b. Changeable copy signs (manual or automatic).
1. Any premise permitted by this Article to erect a wall or ground
sign, in lieu of using the maximum sign area for that premise
as provided for in the Table of Basic Design elements, may
substitute one-half of the maximum sign area to erect a manual
changeable copy sign. Such changeable copy sign may take the
form of a wall or ground sign subject to the regulations which
apply to each of these signs. When any other ground sign is
located on the premise, all ground-changeable copy signs must
be physically part of that sign.
2. Automatic changeable copy time and temperature signs are
permitted in all areas, except conservation, residential and
agricultural areas. Such signs may take the form of wall,
ground, or projecting signs subject to the regulations which
apply to each of these signs. Ground supported time and
temperature signs shall be permitted only where any sidewalk
or pedestrian walkway is at least eight feet (8') wide and
has a clearance of a least nine feet (9') from the sign at
its lowest extremity.
c. Ground signs. Except within residential areas, any premise may
display one (1) ground identification sign provided the building or
structure in which the activity is conducted is set back at least
thirty feet (30') from the edge of all immediately adjacent streets or
one foot from a highway right-of-way. All of the following additional
standards shall also apply.
1. All ground signs shall be built in accordance with the
standards in the Table of Basic Design Elements.
2. Unless authorized by the Tribal Council, no part of a ground
sign, including projecting, may extend into or over an
existing public right-of-way.
3. Unless the owner of the sign and the property owner agree in
writing to relocate and remove the sign, including projection,
at no expense to the Tribe, no part of a ground sign including
projection may extend into or over a right-of-way.
4. All ground sign structures or poles shall be self-supporting
structures erected on or set into and permanently attached to
concrete foundations. Such structures or poles shall comply
with the building codes of the Tribe.
5. If a ground sign faces on two (2) or more streets or highways,
then for purposes of determining compliance with the standards
of the Table of Basic Design Elements the street frontage
which provides the greater height and area allowance shall
govern and control.
6. All ground signs must comply with all other provisions of this
Article.
d. Illuminated signs. The following types of sign illumination are
permitted with the following conditions and limitations:
1. Any bare bulb or bare neon illumination is permitted, except in
conservation and residential areas, or within five hundred
(500) feet of any such area.
2. Any light from any illuminated sign or flood light used to
illuminate a sign shall be shaded, shielded or directed so
that the light intensity or brightness shall not interfere
with the safe vision of motorists or bicyclists, as
determined by the Tribal Police Chief. any light source used
to illuminate a sign shall not be visible from a residential
zoning district.
3. All internal illumination shall not exceed ten (10) foot
candles measured at a distance of ten (10) feet from the sign.
4. All electrical illuminated signs shall have a disconnecting
switch located in accordance with the provisions of the
National Electric Code as implemented by the Tribe.
5. For all illuminated signs, applications for both a sign permit
and an electrical permit shall be submitted for approval by
the Tribe prior to the installation of any illuminated sign.
6. All illuminated signs must comply with all provisions of this
Article.
e. Off-street parking signs. Whenever off-street parking is not
located on the premises of a business, one (1) identification sign no
larger than sixteen (16) square feet in area and eight (8) feet in
height may be erected directing persons to the off-premise parking
area.
f. Projecting signs. Except along the sides of buildings or
structures which face or front such areas and in conservation or
residential areas, any premise may display one identification
projecting sign on each street frontage in accordance with the standard
in the Table of Basic Design Elements provided that any projecting sign
which is not internally illuminated and is suspended to allow the sign
to swing due to wind action shall not exceed sixteen (16) square feet
of surface area. All of the following additional standards shall also
apply:
1. All projecting signs must maintain a clear height of nine (9)
feet above the ground, and all projecting signs may not
project more than five (5) feet from the building wall or
two-thirds (2/3) the width of the sidewalk, whichever is
less. No part of a projecting sign, including projections,
may extend into or over a public right-of-way, unless
authorized by the Tribe. Projecting signs which extend into
or over the front yard spaces by more than twenty (20)
percent are permitted after a special use exception has been
issued by the Tribe.
2. All projecting signs must be fastened directly to the
supporting building wall, and the supporting structure must be
physically integrating into the sign.
3. All projecting signs at the intersection of building corners
shall intersect at right angles to the building front.
4. No projecting sign shall extend above the roof line or the
parapet wall.
5. Buildings having two (2) or more stories may not locate signs
higher than the second story or twenty-four (24) feet
whichever is less.
6. All internally lighted projecting signs must comply with
section 6-203(d) (2) to (6), "Illuminated signs".
7. All projecting signs shall be constructed entirely of metal or
other noncombustible material.
8. All projecting signs must comply with all other provisions of
this Article.
g. Temporary signs. After the issuance of a temporary sign permit
pursuant to this Article, the following signs may be erected:
1. For a total period not to exceed thirty (30) days, unlighted
on-premise portable signs, banners, and windblown signs such as
pennants, flags, and streamers for special events.
2. Construction signs are permitted on a construction project
site. the total signage shall not exceed thirty-two (32)
square feet in sign area in conservation, agricultural or
residential areas or exceed sixty-four (64) square feet in
all other areas. Any construction sign shall not be erected
prior to issuance of a grading or building permit and shall be
removed within fifteen (15) days after issuance of a
certificate of compliance.
3. For a total period not to exceed thirty (30) days, unlighted
signs directing persons to yard sales, garage sales or similar
events, provided that such signs are removed within five (5)
days of the occurrence of the event. Any such sign shall not
exceed sixteen (16) square feet in area.
4. For a total period not to exceed thirty (30) days, unlighted
signs directing persons to special events such as fairs,
rodeos, parades and sporting contests. Total signage shall
not exceed thirty-two (32) square feet.
h. Tract identification signs. Except in conservation areas, one
on-premise permanent subdivision, church, apartment, fraternal
organization, or community facility identification sign for each street
frontage is permitted, subject to the following conditions and
limitations:
1. The area of copy of each tract identification sign may not
exceed thirty-two (32) square feet, and
2. No extremity of a sign structure used to support or decorate
tract identification signs shall exceed an area of one hundred
sixty (160) square feet or be located to impair traffic
visibility as determined by the Tribal Police chief or exceed
four (4) feet in height when located within thirty (30) feet
of a public right-of-way.
j. Wall signs. Wall signs, in accordance with the standards in the
Table of Basic Design Elements, are permitted in all areas, except in
conservation areas. Wall signs may be attached flat to or mounted
away from the building wall, but may not project more than twelve (12)
inches from the wall of a building or structure. The following
additional requirements with respect to wall signs shall apply:
1. More than one (1) wall sign may be erected provided the total
surface area allowed in these regulations is not exceeded; and
2. All wall signs are subject to the following height limitation:
A. No wall sign may extend above parapet walls or above roof
lines of buildings with parapet walls; and
B. No wall sign may extend above the lower eves line of a
building with a pitched roof, except if the roof is a
mansard-type roof in which case the sign may be attached
flat against, but not extend above, the roof.
k. Miscellaneous (product, information and political signs).
To prevent accidents and clutter, to maintain property values and to
to promote readability for motorists, the following regulation is
enacted. No information sign or product sign may exceed six (6) square
feet in area. No political sign may exceed twenty-four (24) square
feet in area. The total signable area for political signs, information
signs, and product signs located on any premise may not exceed
thirty-two (32) square feet. Information and product signs are
permitted in all zoning districts, except residential, mobile home, and
Tribal governmental areas. Political signs are permitted in all zoning
districts provided no political sign shall be erected earlier than the
established filing date for an election or shall remain longer than
fifteen (15) days after the election.
Section 6-204. Permitted Signs.
Subject to any conditions herein provided or any other laws,
regulations or ordinances of the Tribe, the following signs are
permitted in all areas as follows:
a. Flags, emblems, or insignia of any Tribal, national or state
government, or other political subdivision.
b. Governmental signs of any type.
d. Notice of any judicial or public proceedings posted by public
officers or employees in the performance of their duties pursuant to
laws, ordinances, regulations, policies and procedures.
d. Political signs, information and product signs pursuant to Section
6-203(k).
e. Real estate signs. One on-premise real estate unlighted sign
located entirely on any premise which is offered for sale, rent or
lease provided that:
1. The maximum area of a real estate sign in residential areas is
six (6) square feet. In all other areas, the maximum area of
a real estate sign is thirty-two (32) square feet provided no
sign shall exceed eight (8) feet in height; and
2. All real estate signs must be removed with ten (10) days after
the sale, rental, lease or development of the premise.
f. Signs required or specifically authorized for a public purpose by
an law, statute, regulation or ordinance. The location, number, type,
size and illumination of such signs may be of any type authorized by
law, statute, regulation or ordinance.
g. Signs of government, public utility, public service, railroad
companies or their contractors which aid safety, indicate installations
or repairs, or which show the location of underground facilities.
h. Community watch signs. An appropriate number of such signs may be
erected after approval by the Tribal Police Department.
Section 6-205. Prohibited Signs.
The following signs are expressly prohibited within all areas:
a. Any sign which the Tribal Police Chief determines obstructs the
view of motorists or bicyclists using any street, private driveway,
approach to any street intersection, or which interferes with the
effectiveness of or obscures any traffic sign, device or signal.
b. Illuminated, highly reflective signs or spotlights which the
Tribal Police Chief determines hampers the vision of motorists or
bicyclists.
c. Signs, lights, rotating disks, words and other devices which
resemble traffic signals, traffic signs or emergency vehicle lights.
d. Signs, lights, rotating disks, words and other devices not erected
by public authority which may be erroneously construed as governmental
signs or emergency warning signs.
e. Any sign which interferes with free passage from or obstructs any
fire escape, downspout, window, door, stairways, ladder or opening
intended as a means of ingress or egress or providing light or air.
f. Any sign placed on any curb, sidewalk, post, pole, hydrant,
bridge, tree or other surface located on, over or across any public
street, right-of-way, property or thoroughfare, unless authorized by
the Tribe.
g. Any newly created flashing signs, travelling lights, or signs
animated by lights of changing degrees of intensity, except signs in
public rights-of-way.
h. Any newly erected sign which mechanically moves except signs on
public rights-of-way.
i. Any newly erected roof sign, unless authorized by the Tribe.
j. The tacking, posting, or otherwise affixing of signs of a
miscellaneous character visible from a public way located on the
outside walls of buildings, barns, shed, trees, poles, fences or other
structures provided unit number identification signs authorized by this
Article, mailbox and paper tube identification signs which do not
exceed one (1) square foot in area, and signs which warn the public
against danger shall be allowed.
k. Any newly erected message, copy or announcement which uses a
series of two (2) or more signs placed in a line parallel to a street
or highway carrying a single message, copy or announcement part of
which is continued on each sign.
l. Any sign which pertains to a business, profession, commodity or
service which is vacant, unoccupied or discontinued for a period of one
(1) year or more; any part of a sign which is unused for a period of
one (1) year or more; or any sign which pertains to an event or purpose
which no longer applies shall be deemed abandoned. An abandoned sign
is prohibited and shall be removed by the owner of the sign or the
lessee of the premise. Upon failure to remove a sign within ten (10)
days of written notice by the Building Official, the Building Official
is hereby authorized to cause removal of such sign at the expense of
the owner or lessee of the building or property on which such sign is
located.
m. Any sign unlawfully erected or maintained.
Section 6-206. Nonconforming signs.
a. Within ninety (90) days after the effective date of this Article:
1. Any existing nongovernmental flashing sign shall stop flashing;
2. Any portable sign, banner or windblown sign not authorized by
section 6-203(g) (1) shall be removed;
3. Any existing sign which mechanically moves shall cease its
movement;
4. Any message, copy or announcement which uses a series of two
(2) or more signs following one another placed parallel to a
street or highway carrying a single message, copy or
announcement part of which is contained on each sign shall
terminate.
5. Any existing off-premise sign that is not covered by an
existing sign permit shall be removed.
b. Nothing in this Article shall prevent the ordinary maintenance or
repair of a nonconforming sign or replacement of a broken part of a
nonconforming sign. Whenever any nonconforming sign, or part thereof
is altered, replaced, converted or changed, the entire sign must
immediately comply with the provisions of this Article.
c. Nonconforming signs which are destroyed or damaged by fifty (50)
percent or more of their value shall not be rebuilt or repaired except
in conformance with this Article.
d. Any nonconforming sign in existence on the date of enactment shall
apply for a permit for such sign within ninety (90) days of the date of
enactment of this Article. Any nonconforming sign not specified in
section 205(a) through (f) shall receive a permit indicating it is a
nonconforming sign. Any sign conforming or nonconforming that does not
obtain a permit shall be considered abandoned and removed pursuant to
section 205(1).
Section 6-207. Conditional Uses.
In order to permit the location and construction of signs, the
Tribe under uniform rules, standards and regulations set forth in this
section may grant conditional uses herein provided. Under this
authority, the Tribe shall determine the facts of a particular case and
their applicability to the provisions of this section and no permit for
such signs shall be issued without the approval of the Tribe. In
passing on any case under the authority of this section and as a
further guide for its decision, the Tribe shall consider, among other
things, the character and use of buildings and structures adjoining or
in the vicinity of the property mentioned in the application,
accessibility of light and air to the premises and to the property in
the vicinity, the type of electric illumination for the proposed use
with special reference to its effects on nearby structures and the
glare.
a. To permit new and existing on-premise roof signs in business
and business and industrial areas, after a finding by the
Tribe that:
1. No ground or projecting sign can be erected on the premise
which will comply with this Article;
2. No wall of a building or structure on the premise is closer
than one hundred twenty (120) feet from the edge of a
street or highway.
3. The erection or continuance of the roof sign shall not
adversely interfere with accessibility of light and air to
nearby properties;
4. The erection or continuance of the roof sign will not
interfere with fire protection.
5. The roof sign is not located within five hundred (500) feet
of a residential area; and
6. The area of the roof sign complies with the area allowance
for ground signs provided in the Table of Basic Design
Elements.
b. To permit in shopping center areas either of the following:
(i) one on-premise ground identification sign of an area and height as
permitted in the Table of Basic Design Elements for each public street
frontage with direct access; or (ii) one (1) on-premise ground
identification sign for the entire retail establishment of the height
allowable in the Table of Basic Design Elements and a surface area not
to exceed a maximum of two hundred (200) square feet for retail
establishments less than six hundred thousand (600,000) square feet of
gross building area or a maximum of three hundred (300) square feet for
retail establishments greater than six hundred thousand (600,000)
square feet of gross building area, after a finding by the Tribe that:
1. The sign will be located on a tract of land comprising
three-quarter (3/4) acres of more containing at least one (1)
building or a group of buildings with more than three (3)
nonresidential establishments;
2. The building or group of buildings was built as one (1) entity
with regard to common architectural features, planned or built
contemporaneously in time, or built by a common contractor;
3. Approved signs will not contain any other message, copy of
announcement except to identify the name of the retail center
or its establishments;
4. No other ground sign is located within the shopping center or
shopping area or located on any premise which was formerly
part of the shopping center and shopping area; and
5. Signs greater than two hundred (200) square feet must be set
back from a building or property line a distance, measured
from the front and back faces of the sign, equal to the
height from the ground.
c. In all other cases, to permit new signs in specific cases which
vary from the specific terms of this Article which will not be contrary
to the public interest and where, owing to special circumstances, a
literal enforcement of the provisions of this Article will, in an
individual case, result in unnecessary hardship, and provide that the
spirit of this Article shall be observed, public safety and welfare
secured, and substantial justice done. Such variance shall not permit
any use not permitted by the zoning code for such district. A request
for a conditional use may be granted in such cases, upon a finding by
the Tribe that the following conditions have been met:
1. That the granting of the permit for the conditional use will
not adversely affect the rights of adjacent property owners or
residents;
2. That the strict application of the provisions of this Article
of which variance is requested will constitute unnecessary
hardship upon the property owner represented in the
application;
3. That the conditional use desired will not adversely affect the
public health, safety, morals, order, convenience, prospertiy
or general welfare; and
4. That granting the conditional use desired will not be opposed
to the general spirit and intent of this Article.
CHAPTER 3. OFF-PREMISE SIGNAGE (OUTDOOR ADVERTISING SIGNS)
Section 6-301. Purpose.
Outdoor advertising signs are herein regulated in the interest of
promoting traffic safety, safeguarding public health and preventing
adverse community appearance and the overcrowding of land, and
protecting the character of the area in which they are located. The
regulations are designed to permit maximum legibility and effectiveness
of signs and to prevent their over concentration, improper placement,
and excessive height, bulk and area. It is recognized that, unlike
on-premise signs which are in actuality a part of a business, outdoor
advertising is a separate and distinct business. With a view to this
distinction, outdoor advertising signs are regulated differently from
on-premise signs. In general, it is intended that outdoor advertising
signs be located away from residential areas, that such signs be
regulated to permit industry standard size signs, to protect the
character of the area wherein outdoor advertising signs are located,
and to conserve property values in these areas, and that outdoor
advertising signs be constructed and located to prevent damage from
toppled signs.
Section 6-302. Design Regulations.
All outdoor advertising signs shall be consistent with all
definitions and shall comply with all standards and regulations of this
Article. Except for ordinary maintenance, poster panel replacements,
copy changes, or repair not involving structural, material, or
electrical changes, no outdoor advertising signs, or part thereof,
shall be erected, altered, constructed, changed, converted, enlarged or
moved unless in conformity with this Article.
a. Area of outdoor advertising signs. Except for outdoor advertising
signs with cutouts, no outdoor advertising sign may exceed six hundred
seventy-five (675) square feet in area, with a maximum length of sixty
(60) feet. The sign area is measured by finding the area of the
minimum imaginary rectangle or square of vertical and horizontal lines
which fully enclose all extremities of the sign, excluding support,
base or apron, unless such copy, message, announcement or decoration
appears on the base or apron. The maximum area of all cutouts
appearing on any outdoor advertising sign may not exceed ten percent
(10%) of the area of the outdoor advertising sign. The sign area of a
cutout is measured by finding the area of the imaginary rectangle or
square of vertical and horizontal lines which fully enclose all
extremities of the cutout. The allowable sign area of signs with equal
size and shape for both double-faced (back-to-back) and V-type signs is
measured by computing the area of only one side of the sign.
b. Height. No outdoor advertising sign, including cutouts, base,
apron, supports, supporting buildings or structures and trim, shall
exceed a height of thirty-five feet (35') from the roadbed of the
adjacent road or highway to which the display is oriented or a height
of thirty-five feet (35') from the grade on which it is constructed,
which ever is greater.
c. Construction standards.
1. Compliance with building codes. All signs shall comply with
the appropriate detailed provisions of Tribal building codes.
All signs shall be built in accordance with plans prepared
and ink signed by a licensed civil engineer and submitted to
the Building Official.
2. Clearance. Clearance from high voltage power lines. Outdoor
advertising signs shall be located in such a way that they
maintain horizontal and vertical clearance of all overhead
electrical conductors in accordance with the Tribal building
codes provided that in no case shall a outdoor advertising
sign be erected closer than ten (10) feet horizontally or
vertically from any conductor or public utility guy wire.
3. Clear sight triangles. Adequate visibility for vehicular and
pedestrian traffic shall be provided at clear sight triangles
at all ninety degree (90 degrees) angle intersections of public
rights-of-way, and private driveways, through the following
measures:
A. There shall be no man-made visual obstruction, except by a
maximum of two (2) posts or columns of up to one (1) foot
in cross section.
B. The two forty-five degree (45 degrees) angle corners of the
clear sight triangle shall be located thirty feet (30')
from the road intersection and ten feet (10') from the
intersections of private driveways or alleys with streets
or alleys.
C. No sign or any portion thereof shall extend over a property
line onto an adjacent property or right-of-way.
D. No sign shall interfere with a driver's or pedestrian's
view of public rights-of-way or in any other manner impair
public safety, or interfere with the safe operation of a
motor vehicle on public streets. This includes, but is
not limited to, the driver's view of approaching, merging
or intersection traffic. There shall be a minimum
clearance of fourteen feet (14') between the grade and the
lowest extremity of the sign, exclusive of supports.
E. Only freestanding signs shall be allowed.
G. No sign shall be attached to or painted on natural
features, such as trees, shrubs or rocks.
H. No more than two (2) faces of a single sign may be viewable
at one time.
4. Setback requirements. All outdoor advertising signs with an
area greater than two hundred (200) square feet shall not be
erected within an established setback or building line. No
outdoor advertising shall be erected within established road
right-of-way lines or future rightof-way lines that have been
established by a specific plan, unless the sign is a wall
sign. All outdoor advertising signs shall be placed within
six hundred feet (600') of right-of-way but no closer than
one (1) foot to any right-of-way.
5. Spacing signs. Along major access corridors, outdoor
advertising signs shall be located five hundred feet (500')
apart. Along all other streets, outdoor advertising signs
shall be located three hundred feet (300') apart.
Governmental signs, and outdoor advertising signs no more than
seventy-five (75) square feet in area which provide
directional information about religious sites shall not be
counted nor shall measurements be made from them for purposes
of determining compliance with spacing requirements.
The minimum distance between outdoor advertising signs shall be
measured linearly along the nearest edge of the pavement
between points directly opposite the sign. Spacing
requirements shall apply only on outdoor advertising signs
located on the same side of the street or highway.
Section 6-304. Specific Outdoor Advertising Sign Regulations.
Outdoor advertising signs which comply with the provisions of this
Article and which contain no more than two (2) surfaces facing in one
direction are permitted in all industrial areas, business areas, and
pursuant to an approved ground lease for such signs in open areas.
Section 6-305. Prohibited Signs.
The provisions contained in section 6-204 are expressly made
applicable to all outdoor advertising structures.
CHAPTER 4. SIGN PERMITS
Section 6-401. Application, Issuance.
Application for sign permits for use or construction shall be made
as other building permits are applied for, to the Building Official,
who shall have authority to pass on them, issuing permits for those
that conform to the provisions of this Article. The following special
requirements shall be complied with before a sign permit is issued:
a. The applicant shall provide evidence that the applicant has a
valid agricultural, business or ground lease or other evidence of
possession or right to conduct activities on the property where the
sign is to be located;
b. If the proposed sign advertises activities located off-premises,
the valid agricultural, business or ground lease for the premises shall
indicate that off-premise advertising is authorized under the terms of
the lease and under this Article. For land held other than by lease,
the applicant shall show that the proposed sign is authorized under
this Article; and
c. A sketch containing the proposed copy for a sign, the sign's
dimension, the type of sign (using categories defined in this Article)
and proposed materials shall also be submitted.
d. If the sign is of a type not allowed under this Article for the
use in question, a copy of the action taken by the Tribe authorizing
the special use shall be submitted.
Section 6-402. Fees.
A sign permit and a plan-checking fee shall be paid in accordance
with the schedule established by the Tribe. Fees shall be waived for
Tribal enterprises. Such waiver shall not relieve the obligation of
the Tribal Enterprise to comply with the provisions of this Article.
Section 6-403. Exemptions.
The following signs shall not require a sign permit. These
exemptions shall not be construed as relieving the owner of the sign
from the responsibility of its erection and maintenance, and its
compliance with the provisions of this Article or any other law or
ordinance regulating the same.
a. The changing of the advertising copy or message on a painted
or printed sign only. Except for theater marquees and similar signs
specifically designed for the use of replaceable copy, electric signs
shall not be included in this exemption.
b. Customary maintenance shall not be considered an erection or
alteration which requires a permit. "Customary maintenance" means any
activity performed on an advertising display for the purpose of
actively maintaining the display in its existing approved physical
configuration and size dimensions at the specific location approved on
the permit for the duration of its normal life. Customary maintenance
includes the following activities:
1. The changing of advertisng message, including temporary
alteration of the outside dimensions of a display in the
form of add-ons or cut-outs as incident to a change in
copy.
2. The routine replacement of border and trim.
Customary maintenance does not include the following (all of which
acts shall be considered as a placing of a new advertising display):
1. Raising the height of the display from ground level.
2. Relocation of all or a portion of a display.
3. Adding a back-up panel facing to a single panel display.
4. Increasing any dimension of any panel facing.
5. Turning the facing direction of a single facing display.
6. Any repair or refurbishing of a display that exceeds fifty
percent (50%) of the value of the display in its
preexisting state shall be considered as an act of
placing a new advertising display. Detailed records of
the direct and indirect cost shall be retained by the
permittee for a period of four (4) years from the date the
repair work is completed and shall be available to the
Tribe.
c. Temporary signs directing persons to yard sales, garage sales, or
similar events shall not require a permit. Such signs must be removed
within five (5) days of the event. Such signs shall comply with all
other applicable provisions of this Article.
d. Government signs erected pursuant to the exercise of a governing
body's police power to protect health, welfare and safety shall not
require a permit. In addition, such signs that pertain to traffic
regulation may be located within a road right-of-way.
Section 6-404. Conditions Precedent to Issuing.
The Building Official shall not issue any permit for the
construction, reconstruction, extension, repair or alteration of any
signs, or part thereof, unless the plans, specifications and intended
use of such sign, or part thereof, conform in all respects to the
provisions of this Article. Each application for a permit shall
contain such information as may be necessary to enable the Building
Official to determine whether the application complies with the
provisions of this Article and shall be accompanied by a plat, in
duplicate, drawn to such scale as the Building Official may require,
showing the actual dimensions of the signs, the area to be built upon,
the size and situation of all existing buildings involved in the
application, the names of all streets upon which the lot abuts or, in
the discretion of the Building Official in lieu of such plat, the
application does not conform to the provisions of this Article, it
shall be disapproved by the Building Official, who shall notify the
applicant in writing, with the reasons for the disapproval.
Section 6-405. Liability.
The granting of a sign permit shall not be deemed to be a permit
for or approval of any violation of these regulations. The provisions
of these regulations shall not be construed as relieving or limiting in
any way the responsibility or liability of any person, firm,
corporation, its agents, employees or workmen, in the construction,
maintenance, repair or removal of any sign erected in accordance with a
permit issued hereunder. Nor shall issuance of a permit be construed
as imposing upon the Tribe or its officers or employees, any
responsibility or liability by reasons of the approval of any signs,
material or devices under the provisions of this Article. Nothing
contained in this Article shall be deemed to constitute a waiver or
renunciation of the sovereign immunity of the Tribe for any purpose.
Section 6-406. Permit Identification.
A Permit Identification Sticker shall be issued for each sign for
which a permit is issued. This Permit Identification shall be placed
in the lower right hand corner of the sign and shall remain thereon at
all times. Replacement stockers for a lost or destroyed Permit
Identification Sticker may be obtained from the Building Official for
good cause shown and payment of a Ten Dollar ($10.00) replacement fee.
CHAPTER 7. ENFORCEMENT
Section 6-701. PENALTIES.
Any person controlling or managing any building, sign or land
wherein or whereon there shall be placed or there now exists any sign
in violation of this Article, any person who shall assist in the
commission of any violation of this Article, any person
who shall build contrary to this Article after plans and specifications
have been submitted to and approved by the Building Official, or any
person who shall omit, neglect or refuse to do any act provided for in
this Article, shall be subject to a fine not to exceed $1,000 per
occurrence. Each day that the violation exists shall be considered a
separate occurrence. In addition, the Tribe reserves the right to
utilize any other method allowed by the laws applicable to the Colorado
River Indian Reservation to ensure compliance with this Article. Any
person in violation of this Article shall be issued a citation by the
Building Official or other authorized Tribal law enforcement officials.
The violator shall have the option of paying the penalty within
fifteen days of the date of the citation or requesting a hearing in
Tribal Court. The Tribal Court shall have jurisdiction over all such
disputes. Any citation that is not paid within the required period or
where a hearing is requested shall be referred to the Tribal prosecutor
for prosecution. Any person failing to pay a citation and who does not
request a hearing shall be subject to a doubling of the fine and be
responsible for court costs. Any person who requests a hearing shall
be responsible for court costs if the citation is upheld.
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