CHAPTER 1. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . .
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LAND CODE
ARTICLE 6
SIGNS
CHAPTER 1. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6-101. Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6-102. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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CHAPTER 2. ON-PREMISE SIGNAGE . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 6-201. Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 6-202. Design Regulations. . . . . . . . . . . . . . . . . . . . . . . 5
Section 6-203. Specific Sign Regulations. . . . . . . . . . . . . . . . . . . 7
Section 6-204. Permitted Signs. . . . . . . . . . . . . . . . . . . . . . . . . 11
Section 6-205. Prohibited Signs. . . . . . . . . . . . . . . . . . . . . . . . 12
Section 6-206. Nonconforming Signs. . . . . . . . . . . . . . . . . . . . . 13
Section 6-207. Conditional Uses. . . . . . . . . . . . . . . . . . . . . . . . 14
CHAPTER 3. OFF-PREMISE SIGNAGE (OUTDOOR ADVERTISING
SIGNS) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6-301. Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6-302. Design Regulations. . . . . . . . . . . . . . . . . . . . . .
Section 6-304. Specific Outdoor Advertising Sign Regulations. . .
Section 6-305. Prohibited Signs. . . . . . . . . . . . . . . . . . . . . . . .
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CHAPTER 4. SIGN PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6-401. Application, Issuance. . . . . . . . . . . . . . . . . . . . .
Section 6-402. Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6-403. Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6-404. Conditions Precedent to Issuing. . . . . . . . . . . . .
Section 6-405. Liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6-406. Permit Identification. . . . . . . . . . . . . . . . . . . . . .
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CHAPTER 7. ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6-701. Penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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ARTICLE 6
SIGNS
[NOTE: Except as otherwise noted, the provisions of Article 6 of the Land Code
were enacted on October 27, 1989 by Ordinance No. 89-1.]
CHAPTER 1. GENERAL PROVISIONS
Section 6-101. Purpose.
Signs are herein regulated to promote traffic safety, safeguard public
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.
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(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,
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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,
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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
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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 sign. 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.
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 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.
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.
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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:
TABLE OF BASIC DESIGN ELEMENTS
Type of Sign
Conditions
Facing Sign
Wall/Facia
Traffic
Lanes
Area
Height
(Max. (Max.
Sq. Ft.) Feet)
2 or 3
*
Ground
Area
(Max.
Sq. Ft.)
Height
(Max.
Feet)
Projecting
Area
Height
(Max. ( Max.
Sq. Ft.) Feet)
*
**
75
30
25
+
4 or more
*
__________________
**
150
30
40
+
Two (2) square feet per lineal foot of each building wall facing a public street
or facing a private access way if a building has no frontage on a public street.
**
See § 6-203(j)(2)
+
See § 6-203(f)(1) - (5)
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.
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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 at 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
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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 selfsupporting 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.
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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 integrated 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:
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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
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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 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.
c. Notice of any judicial or public proceeding 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.
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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, traveling 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, sheds, 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.
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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
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conforming or nonconforming that does not obtain a permit shall be considered
abandoned and removed pursuant to section 205(l).
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 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:
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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, prosperity or general
welfare; and
4. That granting the conditional use desired will not be opposed to the
general spirit and intent of this Article.
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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, whichever is greater.
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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 an 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°) 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°) 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 right of-way
lines that have been established by a specific plan, unless the sign is a wall
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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
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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 advertising 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.
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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 costs 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 shall be accompanied by such information as the Building
Official may require to enable action upon such application. If an 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
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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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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.