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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