Chapter 17.128 SIGNS

17.128.010 General provisions on billboard signs.

17.128.020 Purpose and authority.

17.128.030 Application.

17.128.040 Conflicts of provisions.

17.128.050 Sign permits--Exceptions.

17.128.060 Signage plan.

17.128.070 Incentives (bonus).

17.128.080 Calculation.

17.128.090 Prohibited signs.

17.128.100 Signs not requiring permits.

17.128.110 Abandoned signs.

17.128.120 Maintenance.

17.128.130 Compliance.

17.128.140 Certification.

17.128.150 Establishing nonconforming rights.

17.128.160 Violation--Penalty.

17.128.170 Enforcement and remedies.

17.128.180 Appeals.

17.128.010 General provisions on billboard signs.

There shall be no increase in the overall number of billboard signs within the zoned area. All billboard signs within the zoned area shall be brought into compliance with the district requirements upon any upgrade of the structure. This provision does not apply to any advertising copy change out.
A. For a billboard sign requiring relocation, the billboard sign shall be allowed to be relocated within the zoned area, provided the billboard sign is installed and brought into compliance with the district requirements of the new site.
B. For property being incorporated into the city limits that contains a billboard sign, the billboard sign shall be allowed to remain, if the billboard existed prior to 12-23-95. It shall be the owner’s responsibility to provide proof that the billboard existed prior to 12-23-95. (Zoning Ordinance, Appx. A § 58.500)

17.128.020 Purpose and authority.

The purpose of these standards is to encourage the effective use of signs as a means of communication in the zoned area; to maintain and enhance the aesthetic environment and the ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the adverse effects of signs on nearby public and private property; to enable the fair and consistent enforcement of sign restrictions; and to promote the health, safety, and welfare of the citizens. These standards are adopted pursuant to the police powers and zoning authority of the city, and of the county in furtherance of the purposes listed herein, the purposes listed in the Uniform Sign Code (USC), and the general purposes set forth in the zoning ordinance. The USC in effect for the city is adopted by the county as an amendment to this title. (Zoning Ordinance, Appx. A § 58.501)

17.128.030 Application.

These regulations shall be read and applied in conjunction with the Uniform Sign Code, other applicable technical codes adopted by Cheyenne City Code, or Laramie County and this zoning ordinance as amended. (Zoning Ordinance, Appx. A § 58.502)

17.128.040 Conflicts of provisions.

See Section 17.148.100. (Zoning Ordinance, Appx. A § 58.503)

17.128.050 Sign permits--Exceptions.

No signs shall be erected after 6-14-93 without a permit from the building official, except for those signs specifically exempted from permits by Section 17.128.100. (Zoning Ordinance, Appx. A § 58.504)

17.128.060 Signage plan.

A signage plan shall be required on all construction of new buildings, major remodeling and change of use as follows:
A. Plans shall be presented to the development office with the site plan review application.
B. Plans shall be submitted to the building official along with any building plans, and the building official shall determine issuance of sign permit(s) at the same time as the building permit. Permit required whenever:
1. Plans for new buildings or construction are submitted; or
2. The owner of an existing building submits plans for the remodeling of fifty (50) percent or more of the exterior. (Zoning Ordinance, Appx. A § 58.505)

17.128.070 Incentives (bonus).

A. A ten (10) percent bonus in maximum total permitted sign area for a zone lot shall be provided if the freestanding sign is designed to integrate with the building structure. The sign will be considered integrated if the same or similar building materials and colors are used. If there is disagreement whether a sign is integrated, the development director shall make the final decision.
B. A ten (10) percent bonus in maximum total permitted sign area for a zone lot shall be allowed if the freestanding sign is located within a landscaped area. The bonus shall be granted if an additional minimum of four square feet of landscaping is provided for every one square foot of sign face. Only one face of the sign shall be counted.
If the freestanding sign is integrated into a raised planter box, the landscaped area may be reduced to one square foot of landscaping for every one square foot of sign area to qualify for the bonus. (Zoning Ordinance, Appx. A § 58.506)

17.128.080 Calculation.

The measuring of sign areas shall be determined as follows:
A. Freestanding or Projecting Signs.
1. The area of a freestanding or projecting sign not to be composed of individual sign cabinets or modules shall be the area enclosed by the perimeter border or frame.
2. If the freestanding or projecting sign is composed of individual cabinets or modules, the area shall be determined as follows:
a. If composed of one or two individual cabinets or modules, the perimeter of each cabinet or module and the enclosed area(s) shall be the total area. Embellishments such as pole covers, framing, decorative roofing and support structures shall not be included in the area of measurement if they contain no written advertising copy.
b. If composed of three or more cabinets or modules, the areas enclosed within the perimeters of all cabinets and/or modules shall be the area of the sign. Embellishments referred to in subsection (A)(2)(a) of this section shall not be included in the area of measurement if there is no written advertising on them.
B. Wall Signs, Canopies and Awnings. The area of wall signs, canopies and awnings shall be the area within the single, continuous perimeter of any rectilinear geometric figure which encloses the extreme limits of the advertising message. If the sign is composed of individual letters or symbols using the wall as the background with no added decoration, the total sign area shall be calculated by measuring the area within the perimeter of each symbol or letter. The combined areas of the individual figures shall be considered the total sign area. (Zoning Ordinance, Appx. A § 58.507)

17.128.090 Prohibited signs.

The following signs are prohibited in all zoning districts:
A. Signs that have been abandoned for sixty (60) days or longer;
B. Signs imitating or resembling government signs;
C. Signs placed on vehicles or trailers for the primary purpose of displaying the sign(s), when such vehicle or trailer is parked and visible from the public right-of-way and is not used in the normal day-to-day operations of the owner or a business;
D. Signs placed in or encroaching upon a public right-of-way, except:
1. Awnings, projecting canopies, and marquees which comply with the provisions of this chapter and are at least eight feet above the sidewalk, and
2. Bus stop benches and shelters, displaying signs on the backs of the benches, approved by the city through a request for proposal (RFP) process and a contract with a provider of the benches;
E. Signs in corner lots within the sight line triangle, except:
1. Signs which do not exceed two and one-half feet above street grade, and
2. Freestanding signs which have at least twelve (12) feet of clearance above street grade and which do not have a support pole larger than twelve (12) inches in diameter;
F. In the city portable signs shall be allowed for a period of three years from 6-14-93. In the county, the use of portable signs shall be allowed for a period of three years from 6-14-93. Thereafter, such signs shall be prohibited;
G. Off-premise signs;
H. Signs illegally erected prior to 6-14-93 or illegally erected after the effective date of this sign ordinance;
I. Signs installed, created, erected or maintained contrary to any provision of this chapter;
J. Banners shall not be permitted as temporary signs or permanent signs within nonconforming sign structures and/or cabinets. (Ord. 3730 § 1 (part), 2006; Ord. 3445 § 1, 2001; Zoning Ordinance, Appx. A § 58.508)

17.128.100 Signs not requiring permits.

A building permit is not required for the following signs, unless required by the Uniform Sign Code:
A. All signs in place as of 6-14-93; provided, that such signs were properly permitted at the time they were erected or no permit was required prior to erecting;
B. The changing of the advertising copy or message on a painted or printed sign, for theater marquees and other signs specifically designed for the use of replaceable copy;
C. Painting, repainting, cleaning or servicing of an advertising structure or the changing of the advertising copy or message thereon shall not be considered an erection or alteration which requires a sign permit unless a structural change is made;
D. Nonilluminated construction signs;
E. Nonilluminated incidental commercial signs not exceeding nine square feet in area;
F. Nonilluminated incidental signs in residential districts, not exceeding three square feet in area;
G. Nameplates;
H. Holiday, Cheyenne Frontier Days or other special event signs and decorations;
I. Political signs;
J. Government signs;
K. Real estate signs;
L. Window signs and signs in the interior of buildings;
M. Drive-up menu boards;
N. Flags;
O. Works of art that do not include a commercial message;
P. Nonilluminated barber poles;
Q. Banners and pennants;
R. Low profile signs for commercial and industrial districts only that do not exceed six feet in height and thirty-two (32) square feet in area. A minimum setback of five feet from property line shall be required;
S. Point-of-purchase signs which do not exceed nine square feet in area, do not advertise to the public right-of-way and are nonilluminated. (Ord. 3802 § 10, 2008; Zoning Ordinance, Appx. A § 58.509)

17.128.110 Abandoned signs.

In the event a sign is abandoned for sixty (60) days or longer, the development director shall notify the owner in writing of the violation. The notice shall follow procedures outlined in Section 17.148.020(E). (Zoning Ordinance, Appx. A § 58.510)

17.128.120 Maintenance.

All signs shall be properly maintained by the business owner or proprietor. Sign surfaces and parts should remain clean, painted and in good working order. The development director, through the building official, shall have the authority to give notice to the owner, in writing of the violation. The notice shall follow procedures outlined in Section 17.148.020(E). (Zoning Ordinance, Appx. A § 58.511)

17.128.130 Compliance.

Signs shall come into compliance with this chapter should one of the following occur:
A. If a sign is damaged or in need of repair, or the owner intends to remodel the sign, and the cost of repair or remodeling exceeds fifty (50) percent of the sign’s replacement cost, the repaired or remodeled sign shall come into compliance with this chapter.
B. If the business to which a sign relates changes use or name, the sign shall be brought into compliance with this chapter.
C. If a business closes for twelve (12) months or longer and is reopened, the existing signs shall be brought into compliance with this chapter. (Zoning Ordinance, Appx. A § 58.512)

17.128.140 Certification.

All freestanding, billboards or ground sign permittees shall provide the development office and the building department, prior to final inspection, a certification attesting to the sign placement, the installed size and the installed height of the signs permitted, prepared and stamped by a Wyoming professional engineer or land surveyor.
This certification shall attest to the sign support setbacks from property lines, overall dimensions of sign surface and the overall height of the top of sign from ground level. (Zoning Ordinance, Appx. A § 58.513)

17.128.150 Establishing nonconforming rights.

All signs legally in place as of the effective date of the ordinance imposing new sign regulations, or the fourteenth day of June 1993, shall be allowed to remain in place subject to the provisions of Sections 17.128.090(A), (D), (E), (F) and (H) and Sections 17.128.110 through 17.128.130.
If nonconforming sign rights are challenged, it shall be the owner’s responsibility to provide proof through business records or other records or data that the nonconforming sign was in place as of 6-14-93. (Zoning Ordinance, Appx. A § 58.514)

17.128.160 Violation--Penalty.

It is declared to be unlawful to violate the provisions of this sign ordinance. A violation is considered as any one of the following:
A. To install, create, erect or maintain any sign contrary to the provisions of this chapter;
B. To install, create, erect or maintain any sign that is inconsistent with any plan or permit governing such sign or the zone lot on which the sign is located;
C. To install, create, erect or maintain any sign requiring a permit without such a permit;
D. To fail to comply with any order of the chief building official, county planner or development director issued pursuant to this chapter;
E. To fail to remove or bring into compliance any sign that is installed, created, erected or maintained in violation of this chapter; or
F. To continue any such violation. Each day a violation continues shall be deemed a separate violation when applying the penalty section of this chapter;
G. Each sign installed, created, erected or maintained in violation of this chapter shall be deemed a separate violation when applying the penalty section of this chapter. (Zoning Ordinance, Appx. A § 58.515)

17.128.170 Enforcement and remedies.

Any violation of this chapter may be prosecuted as a misdemeanor or restrained, corrected, abated or otherwise remedied, as appropriate, by injunction or other appropriate proceedings pursuant to state law or local ordinance. In the event of a violation, the provisions and procedures of Section 17.148.020(D) shall apply. (Zoning Ordinance, Appx. A § 58.516)

17.128.180 Appeals.

See Section 17.148.050(A). (Zoning Ordinance, Appx. A § 58.517)