December 5, 1998
To: City Council Members
From: Sign Code Working Group

The Sign Code Working Group has taken into account the various comments made over the course of the last six weeks, including those at the Public Hearing on November 24th, and would like to propose amendments to the proposed sign ordinance.

We feel it would be easier to address these amendments by breaking the proposed sign code into separate "parts." On the attached pages you will find certain portions of the sign code addressed on their own, i.e. prohibited signs, billboards, nonconforming signs, etc. The proposed changes that are relevant to a particular portion of the sign code are addressed in that part.

A guide to reading through the proposed changes:

We hope you will find this helpful in your review of the proposed sign code.

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PART A - Signs not regulated by the sign code

17.80.040 Exempt Signs

The change is this section would make all window signage exempt from regulation. While the Sign Code Working Group recommends that permanent window signage be counted as part of wall signage it would support exempting regulation of all window signage.

The following signs shall be exempt from regulation under this Ordinance:

a) Barber poles;
b) Building markers;
c) Commemorative signs;
d) Construction signs that do not exceedd thirty-two (32) square feet in area and seven (7)
feet in height;
e) Display of street numbers;
f) Flags of any nation or flags with a noncommercial message;
g) Temporary decorations or displays clearly incidental and customary and commonly
associated with national, local or religious holidays and celebrations;
h) Incidental signs;
i) Traffic and other official signs of any public or governmental agency;
j) Gravestones;
k) Nameplates in residential districts;
l) Pennants and festoons;
m) Ideological signs that do not exceed thirty-two (32) square feet in area and seven feet
(7) in height;
n) Product dispensers and point of purchase displays;
o) Real estate signs for the sale of the property on which they are located that do not
exceed thirty-two (32) square feet in area, seven (7) feet in height and are unlighted;
p) Sandwich boards less than four (4) feet in height;
q) Temporary signs whose primary message is noncommercial;
r) Signs at publicly owned athletic facilities;
s) Signs on vehicles regularly used to transport persons or property;
t) Signs not viewed from a public right-of-way;
u) Window signs;
v) Signs in construction areas in conformity with most recent edition of the Uniform
Manual on Traffic Control Devices.

Notwithstanding the foregoing, no sign may be located so as to violate section 17. 80.110.

PART B - Signs prohibited by the sign code

17.80.050 Prohibited Signs

Changes in this section would prohibit flashing, blinking, moving or other animation effects except for those that are a part of electronic message centers. This would allow for time and temperature signs and electronic message boards. Note: restrictions in subsequent sections require that the electronic message portion of a sign be no more than 50% of the allowable sign area. (This is what Cheyenne allows.) Electronic message centers can be either an integral part of a freestanding sign or be a separate wall sign. Billboards are addressed in a separate section (see Part C).

The following types of signs are prohibited in all zoning districts:

a) Abandoned signs;
b) Animated signs (electronically activated changeable copy signs are permitted);
c) Beacon;
d) Off-premise signs (except off-premise directional);
e) Roof signs (integral roof signs are permitted);
f) Vehicle signs;
g) Commerical signs in the public right-of-way except:

1. Encroachments as permitted under the Uniform Sign Code in effect from time to time.
2. Informational signs of a public utility regarding its facilities.


Note change in definitions of Animated signs and Changeable Copy signs below:

Animated sign. Any sign that uses movement or change of lighting to depict action or create a special effect.

Changeable copy sign. A sign whose informational content can be changed or altered by manual, electric, electromechanical or electronic means. Changeable copy signs include the following types:

Manually Activated. Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered manually.

Electrically Activated. Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display surface composed of electrically illuminated or mechanically driven changeable segments.

Also note the change in the definition of billboard and off-premise sign below:

Billboard. A sign on a permanent structure on which the copy is designed to be periodically changed and which is not located on the premises to which such advertising copy pertains.

Off-premise sign. Any stationary sign on which the copy is designed not to be periodically changed and which advertises a business establishment, good, facility, service or product which is not sold or conducted on the premises on which the sign is located.

PART C - Billboards

Given the number of blank billboards already out on the interstate, the Sign Code Working Group continues to support prohibition of billboards in all zoning districts in the city. However, if this is not acceptable a separate section could be created to address billboards. The size, height, and spacing restrictions should be the same as those of the County. The following is proposed:

Billboards are prohibited except in the interstate corridor. The following restrictions apply to billboards located in the interstate corridor:

a) Billboards may not be located closer than five hundred (500) feet to any other billboard;
b) Billboards may not be located closer than five hundred (500) feet to a residential zone, public park, school, or cemetery.
c) Billboards shall have a sign face not more than three hundred (300) square feet.
d) Billboards shall not exceed 25 feet in height.
e) Back-to-back billboards shall be permitted provided the angle between the faces is no more than twenty (20) degrees.

The following is a definition of the interstate corridor:

Interstate Corridor The areas adjacent to and within six hundred sixty (660) feet of the nearest edge of the I-80 highway right-of-way and zoned B2, C2, I1 or I2.
 

PART D - Temporary Signs Requiring a Permit

17.80.060 Temporary Signs Requiring a Permit

The Sign Code Working Group felt is was still important to try and regulate temporary, portable signage that is not somehow attached to a building structure. Special promotion signs are allowed if they are attached to a building or are in the window. If businesses feel a need to have portable or temporary signage detached from the building they can apply for a permit.

Portable signs containing a commercial message or erected to advertise a commercial entity that are not attached to the principal building shall be allowed with a permit. Such signs may be erected for thirty (30) days. Applicants for such signs must apply for, and have approved, a temporary sign permit. Applicants shall not be issued more than two (2) temporary permits for any one (1) parcel of property per calendar year. Signs requiring a temporary permit will conform to the sign restrictions in Sec. 4.01B and 4.01C. Multiple tenants of a single parcel may each apply for two (2) temporary sign permits per calendar year.

Note change in definition of Portable sign:

Portable sign. Any sign designed not to be permanently attached to the ground or other permanent structure or a sign designed to be easily transported, including, but not limited to, signs designed to be transported by means of wheels or signs converted to A- or T-frames.
 

PART E - Size and Height Restrictions on Signs in Zoning Districts

The changes in this section eliminate the total signage restriction and the requirement to deduct signage area devoted to freestanding,  projecting, and on- and off-premise directional signs from wall signage thus giving businesses more discretion about the amount of signage that is appropriate for their business. The minimum amount of signage a business can have (i.e. for small store fronts) has been changed from 50 to 100 feet. Given the removal of a total signage restriction, the use of building frontage seems a reasonable basis for sign measurement. This is used in many sign codes. Electrically activated changeable copy signs (reader boards) have been allowed in all zones except residential.

Businesses can use signage on sides of buildings that do not front a street (there seemed to be confusion over this issue). Another confusing area was "canopy signs." As the definition states, a canopy sign is only that part of the total canopy that advertises the business.

17.80.130 Signs Permitted Upon the Issuance of a Sign Permit

The following signs are permitted in the indicated zones subject to a sign permit.

A. LR,R1,RR,R2,R2M,R3

Signs in these districts shall only be illuminated from the exterior subject to Section 3.07.

1. Subdivision Identification Signs

(Maximum sign area - 24 sq ft. maximum height 5 ft. minimum setback 5 ft)

For residential subdivisions consisting of more than four residential units, one low-profile subdivision sign per development entrance is permitted. Each sign shall not exceed twenty-four (24) square feet in area or five (5) feet in height from the finished grade. The sign must be set back at least five (5) feet from the property line.

2. Residential Building Identification and Institutional Conditional Use Signs

(Maximum sign area - 24 sq ft. maximum height 5 ft. minimum setback 5 ft)

For properties used for multi-family residential buildings, or institutions, churches, schools, and day care facilities listed as a permitted use with the respective zone, one low-profile or wall sign per street frontage is permitted. Each sign shall not exceed twenty-four (24) square feet in area. The low profile sign will not exceed five (5) feet in height and shall be set back at least five (5) feet from both the front and side property lines. If any of the above uses are approved by a conditional use permit, signage as described above may be allowed.

3. Home Occupation Signs

Approved home occupations shall be permitted one sign that shall not exceed three (3) square feet in area. Such sign shall not be located in any required setback area.

B. Bl,BlR,LM,IP,O

(Maximum sign area - 32 sq ft. maximum sign height 8 ft. minimum setback 5 ft)

1. Low-Profile Freestanding Signs

One low-profile sign not to exceed thirty-two (32) square feet in area is permitted. The low-profile sign shall have a minimum setback of five (5) feet and a maximum height of eight (8) feet. Pole-style freestanding signs are not permitted.

2. Wall Signs

Wall signs shall not exceed a total signage allowance of one (1) square foot per linear foot of building frontage. A business shall be allowed a minimum of one hundred (100) square feet of wall signage for each building street frontage. Canopy, banner, and integral roof signs shall be classified as wall signs. Wall signs, except integral roof signs, shall not project above the top of a wall or parapet. Lots fronting on two or more streets shall be allowed the permitted sign area for each building street frontage. The square footage allotted to any one side shall not be used on another side.

3. Projecting and Suspended Signs

One projecting sign per tenant is permitted. Projecting signs shall not exceed eight (8) square feet in area nor extend more than four (4) feet from the building. Projecting signs shall provide a minimum sidewalk clearance of eight (8) vertical feet.

One suspended sign per entrance is permitted. Suspended signs shall not exceed four (4) square feet in area and have a minimum sidewalk clearance of eight (8) vertical feet.

4. On-premise Directional Signs

Any individual on-premise directional sign shall not exceed 5~ square feet in total area per face or seven (7) feet in height.

5. Off-premise Directional Signs

Two (2) off-premise signs per lot to which the off-premise sign refers is permitted. Off-premise signs shall not exceed eight (8) square feet in area and ten (10) feet in height. Off-premise signs shall otherwise comply with all regulations for signs within the zoning district.

6. Changeable Copy Signs

Electrically activated changeable copy signs shall not exceed fifty (50) percent of the allowable sign area.

C. B2,C2,11,I2

(Maximum sign area - 90 sq ft. maximum height - 20 ft. minimum setback 15 It)

1. Freestanding Signs

One pole-style and one low-profile freestanding sign is permitted per lot. The maximum area for a freestanding sign shall be ninety (90) square feet. A low-profile freestanding sign shall be set back a minimum of five (5) feet with a maximum height of eight (8) feet. A pole-style freestanding sign shall be set back a minimum of fifteen (15) feet with a maximum height of twenty (20) feet. The pole-style sign will maintain at least eight (8) feet minimum vertical clearance from the ground.

2. Wall Signs

Wall signs shall not exceed a total signage allowance of one and one-half (1.5) square feet per linear foot of building frontage. A business shall be allowed a minimum of one hundred (100) square feet of wall signage for each building street frontage. Canopy, banner, and integral roof signs shall be classified as wall signs. Wall signs, except integral roof signs, shall not project above the top of a wall or parapet. Lots fronting on two or more streets shall be allowed the permitted sign area for each building street frontage. The square footage allotted to any one side shall not be used on another side.

3. Projecting and Suspended Signs

One projecting sign per tenant is permitted. Projecting signs shall not exceed twelve (12) square feet in area nor extend more than four (4) feet from the building. Projecting signs shall provide a minimum sidewalk clearance of eight (8) vertical feet. A projecting sign shall not be permitted if the applicant has a pole-style sign.

One suspended sign per entrance is permitted. Suspended signs shall not exceed four (4) square feet in area and have a minimum sidewalk clearance of eight (8) vertical feet.

4. On-premise Directional Signs

Any individual on-premise directional sign shall not exceed twelve (12) square feet in total area per face or seven (7) feet in height.

5. Off-premise Directional Signs

Two (2) off-premise signs per lot to which the off-premise sign refers is permitted. Off-premise signs shall not exceed eight (8) square feet in area and ten (10) feet in height. Off-premise signs shall otherwise comply with all regulations for signs within the zoning district.

6. Changeable Copy Signs

Electrically activated changeable copy signs shall not exceed fifty (50) percent of the allowable sign area.

D. Special Districts

1. Corridor Overlay District

The total signage restriction has been removed and the sign area and height have been increased. The maximum size of freestanding sign would be 112.5 square feet and 25 feet in height.

Corridor Overlay provisions shall apply to the corridors listed below:

a. Third Street from the north city limits to the south city limits;
b. Grand Avenue from the east city limits to Third Street;
c. Curtis Street from Third Street to I-80;
d. Snowy Range Road from Third Street to the west city limits;
e. Jackson Street from the Highway 130 junction to the west city limits.


The width of the overlay corridors shall be the lesser of one-half block or 150' from the corridor street right-of-way on each side of the corridor.

Signage allotted to freestanding signs for a non-residential lot in the Corridor Overlay District may exceed the underlying zoning limitations by up to twenty-five (25) percent. Signage allotted to wall signs, projecting and suspended signs, on-premise directional signs, and off-premise directional signs shall meet the restrictions of the underlying zoning district. Electrically activated changeable copy signs shall not exceed fifty (50) percent of the allowable sign area.

2. Interchange Overlay District

The total signage restriction has been removed and the sign area has been increased. The maximum size of freestanding sign would be 360 square feet and 60 feet in height.

An Interchange Zone shall be defined as the area located within 1300 feet, measured at right angles, from the Interstate 80 right-of-way line, beginning at the point where the right-of-way widens to accommodate the interchange and ending at the point where the right-of-way resumes its normal width.

Signage allotted to the area of freestanding signs for a non-residential lot in the Interchange Overlay District may exceed the underlying zoning limitations by up to three hundred (300) percent. The maximum height of a sign in the Interchange Overlay District shall not exceed sixty (60) feet. Signage allotted to wall signs, projecting and suspended signs, on-premise directional signs, and off-premise directional signs shall meet the restrictions of the underlying zoning district. Businesses situated within both a Corridor Overlay District and an Interchange Overlay District may only increase the signage area allotted to freestanding signs by up to three hundred (300) percent of the underlying zoning limitations. Electrically activated changeable copy signs shall not exceed fifty (50) percent of the allowable sign area.

PART F - Nonconforming Signs

17.80.140 Nonconforming Signs

The change in this section eliminates the provision that required signs to be brought into conformance if there was a change in copy. It adds a provision that all nonconforming signs shall be brought into conformance within 15 years from the date of the ordinance. Any sign that is out of conformance 15 years from the date of the ordinance would be required to conform to the provisions of the ordinance.

All signs lawfully constructed prior to [date of ordinance], will be considered legal, permitted signs under this Ordinance. Preexisting signs that do not conform to the regulations of this Ordinance are "legal nonconforming." A legal, nonconforming sign may not be:

a) Replaced with another nonconforming sign;
b) Structurally altered to extend its useful life except to meet safety requirements;
c) Moved, or relocated;
d) Reestablished after damage or destruction if the estimated cost for reconstruction
exceeds 50% of the appraised replacement cost.
A legal nonconforming sign is subject to all requirements regarding safety, maintenance, and repair.

All legal, nonconforming signs shall be brought into conformance with the provisions of this ordinance within fifteen (15) years from the date of this ordinance.

17.80.150 Additional Regulations Applicable to Certain Nonconforming Signs

The change here removes some redundancy in language for animated signs.

Abandoned signs shall be removed no later than sixty (60) days after a determination of abandonment by the Administrator.
Vehicle signs shall be removed no later than sixty (60) days after [date of Ordinance].

The animated component of a legal nonconforming sign shall be turned off or removed no later than sixty (60) days after [date of Ordinance].

Except as otherwise allowed under Section 3.04, portable signs shall be removed no later than sixty (60) days after [date of ordinance].

Billboards and off-premise signs, other than conforming, off-premise directional signs, shall not be reestablished after damage or destruction except to the extent necessary for public safety.

PART G - Other Parts of Sign Code

Other parts of the sign code that have note been changed from the draft with the City
Attorney's editorial changes are:

1. Intent and Purpose
2. Definitions not already addressed
3. Historical signs
4. Maintenance
5. Illumination
6. Clear Vision Area
7. Planned Unit Development
8. University Overlay District
9. Common Signage Plan
10. Annexed Nonconforming Signs
11. Administrative Details