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(A) Responsibilities. The administration and enforcement of these regulations shall be the responsibility of the City Zoning Administrator and the Building Official, in accordance with the customary duties and responsibilities of each official, respectively, and as further provided by this subchapter and by Article 2; § 154-02.02.
(B) Issuance of building permits.
(1) Permits required. A permit issued by the City of Yuma Building Safety Department shall be required for the installation, construction, reconstruction, alteration or replacement of all signs and sign structures as specified in the following. Failure to obtain such permit shall be considered a violation of this chapter. Approval of such permit by the city shall not eliminate any requirement to secure a permit from the State of Arizona pursuant to state law where applicable.
(a) Application. All permit applications shall be in the form prescribed by the Building Safety Department, and shall further include the information required by this subchapter.
(b) Permanent signage. A permit shall be required for all permanent sign installations as regulated by this chapter, including the painting or other attachment of any signage on the exterior of any building, wall, roof, fence or other outdoor surface as a new sign installation. In applying for such permit, the sign owner shall indicate in writing whether the sign is to be an on-site or an off-site sign installation.
(c) Temporary signage. A permit shall be required for any temporary sign installation exceeding 32 square feet in sign face area, and exceeding six feet in height, provided, however, that the installer of any temporary sign exceeding ten square feet in sign face area shall register its location, as permitted by this chapter, with the City of Yuma Department of Planning and Neighborhood Services. In applying for such a permit for temporary signage as required herein, the applicant shall indicate in writing the date by which such signage shall be removed.
(d) Electrical permits. If the sign or sign structure is to be illuminated by electrical means, a separate electrical permit shall be required in accordance with the standards and requirements of the electrical code as adopted by the city.
(2) Requirements for permit applications. Each application for a sign permit shall be accompanied by a plan or plan(s) drawn to scale which indicate the following:
(a) Complete dimensions to illustrate the sign face area, the height of the sign structure if freestanding, or the dimensions of the wall, roof or canopy upon which mounted or painted;
(b) The total amount of sign face area already existing on the property, whether permanent or temporary, on-site and off-site, and their locations;
(c) The location of the sign installation on the property, as well as the location of all property lines, curb lines, curb cuts and sidewalks pertinent to the sign location;
(d) The method of attachment, illumination and structural support; any calculations as may be required by the Building Official shall also be included; and
(e) The exact location of the property upon which the signage is to be installed, either by address or legal description.
(C) Fees.
(1) Permit fee. Prior to the issuance of any permit for a sign installation, the Building Safety Department shall collect a permit fee in the amount specified by current adopted building code.
(a) Such fee shall be based on the total valuation of the sign and sign structure, whether or not made locally, as calculated according to the building valuation data maintained by the Building Safety Department. The building valuation data include the unit cost per square foot sign face area for illuminated and nonilluminated signage.
(b) For any addition to an existing sign or sign structure, the valuation shall be based upon the square footage of the sign face area to be added.
(2) Plan check fee. In addition to the permit fee, a plan check fee shall be collected by the Building Safety Department in the amount of 65% of the permit fee. The plan check fee shall be required at the time that a permit is applied for and plans are submitted, and shall be paid whether or not a permit is issued.
(3) Investigation fees. Should there begin any work for which a permit is required by this chapter, and no permit has been issued, the Building Safety Department shall conduct a special investigation prior to issuing any permit for such work. The investigation fee shall equal, and be in addition to, the permit fee.
(a) In addition, the party performing work shall be subject to the penal provisions of this chapter, well as the applicable provisions of any other code or ordinance adopted by the city.
(b) A re-inspection fee shall be assessed when the work for which the inspection is called is not complete, or when corrections previously noted have not been made. Such fee shall be $15 and shall be collected by the Building Safety Department prior to conducting any further re-inspections.
(D) Variances. Variances may be granted by the appropriate city board as specified herein, to allow relief from the design standards specified by this chapter. However, no relief shall be granted to permit the erection of signs which are prohibited by § 154-17.06(A) of this chapter.
(1) Requests for variances from the design criteria of this chapter, such as, but not limited to, the size, height, location, spacing and number of signs, as well as the requirements pertaining to the manner of keeping, shall be considered by the City of Yuma Hearing Officer. Such variance requests, as well as any appeal from an interpretation made by the Zoning Administrator, shall be considered in accordance with the requirements and criteria of Article 2; § 154-02.02 of this chapter. However, since it is the intent of this chapter to secure the gradual and eventual elimination, rather than expansion, of nonconforming signs and sign structures, the Hearing Officer shall not grant any variance to increase the degree of nonconformity for any existing signage.
(2) Requests for variances from the structural or mechanical requirements of any building code as may be adopted by the city, or any appeal from an interpretation made by the Building Official, shall be considered by the appropriate board, such as the Board of Appeals or the Building Advisory Board, in accordance with their adopted procedures.
('80 Code, App. A, § 161) (Ord. 583, passed 9-16-1952; Ord. 2193, passed 3-21-1984; Ord. 2243, passed 12-19-1984; Ord. O2010-09, passed 2-3-2010; Ord. O2010-32, passed 7-7-2010; Ord. O2022- 044, passed 9-21-2022)
It shall be unlawful for any person, firm or corporation to violate, or cause the violation of, any provision of this article. Any person, firm or corporation violating any of the provisions in this article shall be guilty of a class 1 misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $1,000 or by imprisonment for not more than ten days or both fine and imprisonment. If a violation of any provision of this article constitutes an immediate threat to the health and safety of the general public, each separate day or part thereof during which such violation of this article occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided.
(Ord. O2016-028, passed 10-5-2016)
The principal purpose of the outdoor lighting regulations is to create standards for outdoor lighting which do not conflict with the reasonable use and enjoyment of property within the city and with astronomical observations. It is the intention of this subchapter to encourage the conservation of energy while increasing night-time safety, utility, security and productivity, through regulation of the types, kinds, construction, installation and use of outdoor electrically powered illuminating devices, lighting practices and systems. The provisions of Arizona Revised Statutes, Title 49 - The Environment, Chapter 7 - Light Pollution, shall be followed to uphold the “Dark Sky” goals of reducing waste, glare, light trespass, interference of artificial light, and effects on wildlife; therefor increasing safety, and the visibility of the night sky.
('80 Code, App. A, § 180) (Ord. 583, passed 9-16-1952; Ord. 2396, passed 3-2-1988; Ord. O2010-32, passed 7-7-2010; Ord. O2024-034, passed 10-16-2024)
(A) Definitions:
FOOTCANDLE, AND LUMEN. The footcandle and lumen measure light, although in different ways for different lighting situations. Light output is measured in lumens. The number of lumens measures the total amount of visible light emitted by a light source. It gauges the brightness of the light. The footcandle measures how much light falls upon a certain spot.
FULLY SHIELDED. That fixtures are shielded in such a manner that light rays emitted by the fixture either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.
LIGHT TRESPASS. A condition in which artificial light emitted from a luminaire on one property, not inclusive of light incidentally scattered or reflected from adjacent surfaces, is directed in such a manner that the light source is visible from any other property.
PARTIALLY SHIELDED. That fixtures are shielded in such a manner that the bottom edge of the shield is below the plane of the centerline of the lamp reducing light above the horizontal.
(B) Top-mounted. Outdoor advertising sign lighting fixtures used to illuminate an outdoor advertising sign shall be mounted on the top of the sign structure. All such fixtures shall comply with the shielding requirements noted in this section.
(C) Bottom-mounted (ground-mounted, up-lighting, feature-lighting). An outdoor advertising sign illuminated by any type of bottom-mounted outdoor lighting system or fixture, which is installed at or on the ground or the lower portion of any outdoor advertising sign or fixture shall be prohibited unless said lighting fixture is shielded to confine the light to the sign face. All such fixtures with lighting which is directed upwards shall be placed so that the angle of the lamp shall not be greater than forty-five degrees (45°) measured from a horizontal plane to a line projected through the center of the lamp.
(D) Mercury vapor. Mercury vapor lamps and fixtures are prohibited for use as outdoor lighting.
(E) Searchlights. Prohibited.
(F) Recreational facilities. Public or private recreational facilities, which are illuminated with outdoor lighting fixtures conforming to these regulations may operate any time with such illumination. Outdoor recreational facilities not conforming to these regulations shall not be illuminated after 11:00 p.m. except to conclude a specific recreational or sporting event or any other similar activity conducted at or in the facility which was in progress under such illumination; prior to 11:00 p.m.
(G) Outdoor advertising off-site signs. The electrical illumination of outdoor advertising off-site signs including those internally illuminated, is prohibited between the hours of 12:00 a.m. midnight and sunrise.
(H) Flagpoles. Outdoor lighting fixtures used to illuminate a flagpole shall be mounted on the top of the flagpole structure and adhere to the shielding requirements outlined in this section. In cases where it is impossible to light a flagpole structure from the top, bottom-mounted lights shall be connected to a timer which extinguishes all but the minimal light source necessary to illuminate the flag between the hours of 11:00 p.m. and sunrise.
(I) The maximum light pole height in 12 feet when within 25 feet of a residential use.
(J) Light Emitting Diode (LED) and Low Pressure Sodium are the preferred light sources to minimize undesirable light emissions to neighboring properties and the night sky.
(K) Metal halide lighting used primarily for display purposes shall not be used for security lighting after 11:00 p.m. Metal halide lamps shall be installed only in enclosed luminaries. These lamp fixtures shall be “filtered”, a glass, acrylic or translucent enclosure of the light source (quartz glass does not meet this requirement) and this lighting requires full shielding.
(L) Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within, do not require shielding. Dark backgrounds with light lettering and warm white and natural lamps are preferred to minimize detrimental effects.
(M) For purposes of this subchapter, quartz lamps shall not be considered an incandescent light source.
(N) LED lighting must be 3,000K (Kelvin corrected color temperature (CCT)) or less for all commercial uses.
(O) Any light source of 70 watts (700 lumens) or equivalent does not require shielding.
(P) Neon, argon, and other noble gas glass tube lighting does not require shielding.
(Q) High Pressure Sodium, low pressure sodium, and quartz halogen lighting requires full shielding.
(R) Light trespass is prohibited, except for fixtures exempted from this chapter or from shielding requirements in this section.
('80 Code, App. A, § 180) (Ord. 583, passed 9-16-1952; Ord. 2396, passed 3-2-1988; Ord. O2024-034, passed 10-16-2024) Penalty, see § 154-999
(A) Nonconforming fixtures. Legally installed outdoor lighting not conforming to the provisions of this chapter shall be allowed to remain, provided such fixtures are extinguished between the hours of 11:00 p.m. and sunrise by automatic shut-off device.
(B) Fossil fuel light. All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels are exempt from all requirements of this code.
(C) State and federal facilities. Outdoor light fixtures installed on, and in connection with those facilities and land owned or operated by the federal government or the State of Arizona, or any department, division, agency or instrumentality thereof, are exempt from all requirements of this chapter. Voluntary compliance with the intent of this chapter at those facilities is encouraged.
(D) Deviations from the lighting standards provided in this chapter may be approved for private properties if approved by the Zoning Administrator.
(E) Applications to deviate from the lighting standards shall include the following information:
(1) A site plan depicting the location of proposed lighting on the site;
(2) A lighting inventory that provides, at minimum:
(a) The brightness (in lumens) and correlated color temperature (in Kelvin) of each luminaire;
(b) The height of each fixture;
(c) The directional angle of each fixture;
(d) The character of shielding for each luminaire, if any;
(e) Identification of luminaires that diverge from the standards of this Chapter and are subject to the deviation request;
(f) Detailed description of the circumstances which necessitate the deviation;
(g) Such other data and information as may be required by the Zoning Administrator.
(3) The deviation may be granted if the following findings are made:
(a) There are unique circumstances affecting the subject property or unique design and land use characteristics that make it infeasible or impractical to comply with strict application of the lighting standards detailed in this chapter.
(b) The proposed deviation will achieve the intent of this chapter to the maximum extent feasible.
('80 Code, App. A, § 180) (Ord. 583, passed 9-16-1952; Ord. 2396, passed 3-2-1988; Ord. O2010-32, passed 7-7-2010; Ord. O2024-034, passed 10-16-2024)
(A) Submittal contents. The applicant for any permit required by any provision of the laws of this jurisdiction in connection with proposed work involving outdoor light fixtures shall submit (as part of the application for permit) evidence that the proposed work will comply with this chapter. The submittal shall contain, but shall not be limited to, the following:
(1) Plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, reflectors and other devices;
(2) Description of the illuminating devices, fixtures, lamps, supports, reflectors and other devices and the description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required); and
(3) Photometric data, such as that furnished by manufacturers, or similar, showing the angle of cut off of light emissions. For commercial projects, a Photometric Survey is required, and it shall show lit areas including 1 foot beyond the subject property to show no light trespass onto neighboring properties.
(4) For new construction or retrofits of fuel canopy lighting: Fully-recessed fuel canopy lighting/flat lenses are required. All light fixtures mounted on or recessed into the lower surface of service station canopies shall be shielded and utilize flat lenses. Such shielding must be provided by the fixture itself. Shielding by surrounding structures such as canopy edges is not a suitable alternative.
(B) Subdivision plat certification. If any subdivision proposes to have installed street or other common or public area outdoor lighting, the final plat shall contain a statement certifying compliance with the regulations of this chapter.
('80 Code, App. A, § 180) (Ord. 583, passed 9-16-1952; Ord. 2396, passed 3-2-1988; Ord. O2010-32, passed 7-7-2010; Ord. O2024-034, passed 10-16-2024)
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