Chapter 19-4 REGULATIONS FOR SIGNS, PARKING AND LOADING, LANDSCAPING, AND TRAFFIC

CHAPTER 19-4
REGULATIONS FOR SIGNS, PARKING AND LOADING, LANDSCAPING, AND TRAFFIC

19-4-1 Sign Regulations.

(A) General Requirements.

(1) It shall be unlawful for any person to erect, move, alter, change, repair, place, or suspend or to cause or permit to be erected, moved, altered, changed, repaired, placed, or suspended, or attached any sign in violation of these regulations.

(2) No sign, except for those signs exempted, shall be constructed, erected, expanded, relocated, or remodeled until a permit has been obtained in accordance with the procedures set out herein. All signs legally existing at the time of passage of these regulations may remain in use.

(B) Sign Classification.

(1) Advertising. The term advertising shall mean any structure, object, or device erected, maintained, or used for advertising purposes and not within a building, and shall include all outdoor advertising matter attached to any building, structure, or object other than vehicles serving as transportation on public streets.

(2) Bulletin Board. A sign that indicates the name of an institution or organization on whose premise it is located and which contains the name or names of persons connected with it, and announcements of persons, events, or activities occurring at the institution. Such signs may also present a greeting or similar message.

(3) Billboard. The term billboard shall mean any advertising structure with advertising surface in excess of forty-five (45) square feet.

(4) Business Sign. A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or an entertainment offered on the premises on which the construction is taking place.

(5) Construction Sign. A temporary sign indicating the names of designers and contractors involved in the construction of a project only during the construction period and only on the premises on which the construction is taking place.

(6) Ground Sign. Any sign placed upon, or supported by, the ground independently of the principal building or structure on the property. Signs on accessory structures shall be considered ground signs.

(7) Identification Sign. This term shall mean a sign on a premises which serves only to tell the name or use of any public or semi-public building or recreation space, club, lodge, church, or institution, or which serves only to tell the name and/or address of an apartment house or hotel, or which serves to identify a parking lot.

(8) Illuminated Sign. This term shall include any advertising display which, through electrical or other illumination devices, illuminates characters, letters, figures, or outlines by means of electrical lights or luminous tubes as a part of the sign proper. Moving or flashing signs are not permitted within the reservation without approval of the Governing Body with respect to the non-interference with traffic and safety.

(9) Face Sign. This term shall include any sign attached to the face or any exterior wall of a building or structure in such a manner as to be approximately parallel to the plane of such face of a building or structure, and not extending farther than one (1) foot from the face of the building.

(10) Name plate. A sign giving the name and/or address of the owner or occupant of a building or premises on which it is located and, where applicable, a professional status.

(11) Projecting Sign. This term shall mean and include all signs, other than face signs, which are suspended or supported by any building or wall and which projects outward therefrom.

(12) Pole Sign. The term pole sign shall mean a sign supported wholly by a pole or poles in the surface which is not part of a building. Pylon signs shall be considered pole signs.

(13) Real Estate Sign. A sign pertaining to the sale or lease of a lot or tract of land on which the sign is located, or to the sale or lease of one or more structures, or a portion thereof which is located thereon.

(14) Roof Sign. This term shall mean a sign supported on or over the roof of a building and not projecting over public property.

(15) Temporary Sign. This sign shall mean and include any sign intended to be displayed for a short period, which period shall be not greater than three (3) months. “For Sale or Rent” signs are included. Signs advertising subdivisions and other developments may be approved for six (6) month periods with extensions.

(1) Sign Area. Area of signs shall be determined as gross area of the whole sign for printed, constructed, or painted matter and does not include supporting poles or structure. For free standing lettered signs, area shall be measured by drawing an imaginary line a distance one (1) inch from all letters and words, enclosing the complete sign and area calculated above.

(2) Height of Sign. Sign height shall be measured from ground level at the base of or below the sign to the highest element of the sign.

(3) Building and Electrical Codes Applicable. All signs must also conform to the structural design standards of any applicable building code. Wiring of all electrical signs must conform to any applicable electrical code.

(4) Illuminated Signs. Signs shall be shaded wherever necessary to avoid casting bright light upon property located in any residential district or upon any public street or park. Any brightly illuminated sign located on a lot adjacent to or across the street from any residential district, which sign is visible from such residential district, shall not be illuminated between the hours of 11:00 P.M. and 7:00 A.M.

(5) Flashing or Moving Signs. No flashing signs, rotating or moving signs, animated signs, signs with moving lights, or signs that create the illusion of movement shall be permitted in any residential district. A sign whereon the current time and/or temperature is indicated by intermittent lighting shall not be deemed to be a flashing sign if the lighting changes are limited to the numerals indicating the time and/or temperature.

(6) Metal Signs. Signs constructed of metal and illuminated by any means requiring internal wiring or electricity wired accessory fixtures attached to a metal sign shall maintain a free clearance to grade of nine (9) feet. Accessory lighting fixtures attached to a non-metal frame sign shall maintain a clearance of nine (9) feet to the ground.

(7) Location. No sign shall be permitted to project over the public right-of-way, except with the approval of the Board of Zoning Appeals as a special use.

(8) Signs on Trees or Utility Poles. No signs shall be attached to a tree or utility pole whether on public or private property.

(9) Scenic and Historic Sites. No billboards may be located nearer than one thousand (1,000) feet from an area that has been established as a Scenic or Historic area.

(10) Traffic Safety.

(a) No sign shall be maintained at any location where, by reason of its position, size, shape, or color, it may obstruct, impair, obscure, interfere with the view of, or be confused with, any traffic control sign, signal, or device, or where it may interfere with, mislead, or confuse traffic.

(b) No sign shall be located in any vision triangle as may be required by any applicable subdivision or other regulations, except official traffic signs or other signs mounted eight (8) feet or more above the ground whose supports (not exceeding two) do not exceed twelve (12) inches at the widest dimension and thus do not constitute an obstruction.

(D) Permit Required.

(1) Permits. Permits are required for every sign erected or constructed in the reservation except those specifically exempted below. Application for such sign shall be made on forms provided along with proof of agreement of the owner of the land, (f not owned by the applicant) to erect the sign.

(2) Fees. The Zoning Administrator shall establish and maintain a schedule of fees for permits by type of sign, which fees shall be commensurate with the cost of sign administration.

(E) Exemptions. The following signs shall be exempt from the provisions of this Section:

(1) Signs of a duly constituted governmental body, including traffic or similar regulatory devices, legal notices, warnings at railroad crossings, and other instructional or regulatory signs having to do with health, hazards, parking, swimming, dumping, etc.

(2) Flags or emblems of a government or of a political, civic, philanthropic, educational, or religious organization displayed on private property.

(3) Memorial signs and tablets displayed on private property.

(4) Small signs, not exceeding five (5) square feet in area displayed on private property for the convenience of the public, including signs to identify entrance and exit drives, parking area, one-way drives, rest rooms, freight entrances, and the like.

(5) Political campaign signs displayed on private property, provided they are removed forty-eight (48) hours after the election.

(6) Address numerals and other signs required to be maintained by other laws, rules, or regulations; provided, however, that the content and size of the sign do not exceed such requirements.

(7) Scoreboards in athletic fields or stadiums.

(8) Garage sale signs, not exceeding four (4) square feet in area, displayed on private property.

The following signs shall be exempt from permit requirements but shall comply with all other provisions of this Section:

(1) Nameplates not exceeding four (4) square feet in gross surface area accessory to a dwelling.

(2) Bulletin board signs not exceeding twenty-four (24) square feet in gross surface area accessory to a church, school, or public or non-profit institution.

(3) Real estate signs not exceeding six (6) square feet in gross surface area and which pertain to the sale or lease of the lot or tract or structure on which the sign is located.

(4) Business signs when located on property used for agricultural purposes and which pertain to the sale of agricultural products produced on the premises.

(F) District Regulations.

(1) District “H-P” Regulations.

Only signs associated with the wildlife habitat areas are permitted within the “H-P” district.

(2) District “A-P” Regulations.

(a) Signs shall be permitted in the “A-P” district as follows:


Type of sign		Maximum area permitted
1.	Bulletin boards	forty (40) square feet
2.	Business signs
	Home occupation	four (4) square feet
	Agricultural	thirty-two (32) square feet
3.	Construction signs	thirty-two (32) square feet
4.	Identification signs	twenty (20) square feet
5.	Name plates	four (4) square feet
6.	Real estate signs	twelve (12) square feet
7.	Temporary signs	forty-five (45) square feet

(b) No more than one (1) each of the following types of signs shall be permitted per lot or tract:

(i) Face signs

(ii) Ground signs

(iii) Pole signs

(i) Maximum Height: fifteen (15) feet.

(ii) Required setback: Ten (10) feet from the front line, except real estate sign, and none from the side yard setbacks.

(iii) Illumination: No sign shall be illuminated except that advertising and bulletin board signs may be indirectly illuminated with incandescent or fluorescent light. Business signs may be illuminated only during business hours.

(3) District “R-5” and “R-S” Regulations.

(a) Signs shall be permitted in the “R-5” and “R-S” districts as follows:


Type of sign		Maximum area permitted
1.	Bulletin boards	sixteen (16) square feet
2.	Business signs (affixed flush to the wall)
	Home occupation	four (4) square feet
3.	Construction	thirty-two (32) square feet
4.	Identification signs	ten (10) square feet
5.	Name plates	four (4) square feet
6.	Real estate signs	six (6) square feet per lot

(b) Subdivision sign announcing sale of lots and/or houses within subdivision may be located on the development. Only a single sign, one hundred (100) sq. ft. in area is allowed and must be removed when 75 percent of the lots have been sold.

(i) Face signs

(ii) Ground signs

(iii) Pole signs

(d) Restrictions

(i) Maximum Height: fifteen (15) feet.

(ii) Required setback: Ten (10) feet from the front line, except real estate sign, and none from the side yard setbacks.

(iii) Illumination: No sign shall be illuminated except that bulletin board signs maybe indirectly illuminated with incandescent or fluorescent light.

(4) District “P-D” Regulations.

(a) Signs shall be permitted in the “P-D” district as follows:

(i) Signs Regulations:

(aa) Signs shall be approved as part of the site Development Plan.

(bb) No billboards or roof signs shall be permitted.

(ii) Number of signs permitted shall be as approved with the site Development Plan.

(iii) Maximum area of permitted signs shall be as approved with the site Development Plan.

(iv) Maximum height of permitted signs shall be as approved with the site Development Plan.

(v) Required setback permitted shall be as approved with the site Development Plan.

(vi) Illumination permitted shall be as approved with the site Development Plan.

(G) Removal of Signs from Vacant Buildings. Signs located on vacant buildings shall be removed by the property owner or his authorized agent within thirty (30) days after said premises are vacated.

19-4-2 Parking and Loading Regulations.

(A) Requirements. Except as otherwise provided, when any building or structure is hereinafter erected or structurally altered to the extent of increasing the floor area by fifty (50) percent or more, accessory off-street parking and/or loading spaces shall be provided as required by the following schedule.

(1) Dwellings. Two (2) for each single-family dwelling; three (3) for each two-family dwelling; one and one-fourth (1 1/4) for each residence unit in a structure containing more than three (3) units.

(2) Clubs. One (1) for every two hundred (200) square feet of floor area.

(3) Schools.

(a) Elementary, Junior High: Two (2) per classroom plus an off-street passenger loading zone.

(b) High School: Ten (10) per classroom.

(4) Hospitals and Clinics. One (1) for each doctor, plus one (1) for every three (3) regular employees, plus one (1) for every five hundred (500) square feet of gross floor area, plus an off-street passenger or patient unloading area.

(5) Public Utilities and Other Service Facilities. One (1) for every five hundred (500) square feet of gross floor area, or two (2) for every three (3) regular employees, whichever is greater.

(6) Dormitories. One (1) for every guest room.

(7) Fraternities and Sororities. One (1) for every two (2) members.

(8) Private Nurseries, Kindergartens, and Child Care Facilities. One (1) for every regular employee, plus an off-street passenger loading area.

(9) Professional Offices. One (1) for every two hundred fifty (250) square feet of gross floor area.

(10) Retail Business. One (1) for every two hundred fifty (250) square feet of gross floor area.

(11) Tourist Courts and Motels. One (1) per each rental unit.

(12) Hotels. One (1) for every two (2) guest rooms.

(13) Convalescent Homes and Homes for Aged. One (1) for every four (4) beds plus an off-street passenger loading area.

(14) Bowling Alleys. Six (6) for each alley.

(15) Industrial Uses.

(a) Permitted Uses: One (1) per every six hundred square feet of gross floor area; or one (1) for every two (2) employees, whichever requires the greater number of spaces.

(b) Special Uses: To be determined by the Tribal Council, during review of the Development Plan, according to use but in no case shall the required parking be less than for permitted uses.

(B) Location Requirements.

(1) Off-Street Loading and Unloading. In all districts, loading and unloading space shall be provided off-street and on the same premises with the building or part thereof which requires the receipt and distribution of materials or merchandise by motor vehicle. The loading and unloading space shall be so located as to avoid undue interference with public use of streets, alleys, and walkways.

(2) Residential. All required spaces shall be located on the same parcel with the residential use.

(3) Business. Required spaces may be located on the same parcel as the commercial use or an area not more than four hundred fifty (450) feet from the building.

(4) Industrial.

(a) Permitted Uses: Required spaces may be located on the same parcel with the permitted industrial use or on an area not more than one thousand (1,000) feet from the parcel.

(b) Special Uses: Required spaces may be located on the same parcel with the permitted industrial use or on an area not more than one thousand (1,000) feet from the parcel.

(C) Plans and Approval Required. For all uses other than single-family residential structures, plans showing layout and design of all off-street parking and loading areas shall be submitted to and approved by the Zoning Administrator prior to issuing a land use permit. Before approving the plan layout, the Zoning Administrator shall satisfy himself or herself that spaces provided are usable and meet standard design criteria. All required off-street parking areas, including access drives, shall be improved with an approved, all weather surface.

(D) Construction Requirements. Parking lots for other the single-family dwellings shall be surfaced with an all-weather, dust-free material of a type and composition acceptable to the Zoning Administrator.

(E) Performance. In lieu of construction of the required parking lot, the Governing Body may accept a corporate surety bond, cashier’s check, escrow account, or other security of a type and in an amount approved by the Governing Body. Such security shall be conditioned upon the actual completion of such work or improvement within the specified time, and shall be enforceable by the Governing Body by all equitable means.

19-4-3 Landscaping Requirements.

(A) Minimum Landscape Requirements: All property within the zoning jurisdiction of the Prairie Band of Potawatomi Nation shall hereinafter be subject to the following minimum requirements:

(1) The open, unpaved areas of each property shall be graded to provide for the adequate drainage of all storm water and shall be free of hazards, nuisances, or unsanitary conditions.

(2) Open, unpaved areas shall be appropriately landscaped to provide an attractive appearance to enhance the character of the area.

(3) No vegetation shall overhang a public street or sidewalk below a height of ten (10) feet or obstruct views of pedestrian and vehicular movements.

19-4-4 Traffic Regulations.

(A) Minimum Requirements for Traffic: All business or industrial properties hereinafter improved shall include provision for vehicular access in accordance with the following:

(1) Plans for the erection or structural alteration of any business use, dependent on vehicles entering onto the business site or parking lot, shall be approved by the Governing Body. The Governing Body may require changes in relation to yards, location of curb cuts, width of drives, location of signs and accessory uses, and buildings and construction of buildings as it may deem best suited to insure safety, to minimize traffic difficulties, and to safeguard adjacent properties.