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ORDINANCE NO. 2011- 10 AN ORDINANCE AMENDING SECTION 10-15-9 OF THE CITY OF CODY MUNICIPAL CODE BY DESIGNATING COMMERCIAL SIGN DISTRICTS BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CODY, PARK COUNTY, WYOMING: Section 10-15-9 SHALL READ AS FOLLOWS: 10-15-9: COMMERCIAL SIGN DISTRICTS A. D-1 Limited Business Sign District 1. D-1 Limited Business Sign District includes any parcel located within the incorporated City limits that is designated as a D-1 zone shown on the zoning map. 2. Use: No sign shall be erected or structurally altered, unless otherwise provide herein, except for one or more of the following uses: a. Any sign allowed in the Downtown Business Sign District is permitted in D-1 Sign District. b. See “Table Specific Regulations by Sign District” following this section. 3. Commercial Signs: All signs shall attach flush with the wall of the building. 4. Permitted Temporary / Seasonal Signs a. A sign displayed on an interim, short-term basis. Examples include special business sales, new business openings, special events, and limited time sales or offers for goods, products, services, or facilities located on premise. A temporary sign is differentiated from a permanent sign in that a permanent sign is attached to a building or structure or affixed in the ground. A temporary sign is mobile and freestanding. A temporary use shall not be displayed for more than one-hundred and twenty (120) consecutive days. Any electrical temporary sign shall comply with all city electrical codes. 5. Banners a. Periodic Display of Banners and Advertising Flags: Banners and Advertising Flags are permitted subject to these regulations. Banners must be displayed as a wall sign or attached to railings, and must be securely fastened so that it may not be blown down, in whole or in part. Any other location for display of a banner or advertising flag must be approved through the Planning, Zoning, and Adjustment Board. Advertising Flags must be securely fastened. Banners and Advertising Flags must be of professional quality construction and appearance pursuant to the definition in Section 10-15-3 of this Chapter. If the banner/advertising flag becomes damaged or detached, the banner or flag must be removed or repaired within forty-eight (48) hours. Banners shall be subject to the time limits for temporary/seasonal signs described above. B. D-2 General Business Sign District 1. D-2 General Business Sign District includes any parcel located within the incorporated City limits that is designated as a D-2 zone shown on the zoning map, except for signage located within the Downtown Business Sign District. 2. Use: No sign shall be erected or structurally altered, unless otherwise provide herein, except for one or more of the following uses: ---PAGE BREAK--- a. Any sign allowed in the Downtown Business Sign District and the D-1 sign district is permitted in a D-2 Sign District. b. Inflatable Signs: Where allowed, individual businesses may use inflatable signs. Inflatable signs may be singular or multiple, tethered or ground mounted provided that the total aggregated square footage does not exceed one hundred and fifty (150) square feet. No individual inflatable sign shall exceed twenty (20) feet in length. For the purpose of calculating total square footage of inflatable signs, the calculation shall be based on the length and width measurement of a cross-section through the center of the inflatable sign. Inflatable signs may not be used for off-premise advertising. Businesses seeking to use inflatable signs must provide design and construction details to demonstrate compliance with City wind load requirements, how the electricity will be supplied to the inflatable, and to demonstrate that anchoring mechanisms will not present a danger to the public. All permits for inflatable signs will provide a site plan showing existing structures, power poles, trees, street and pedestrian paths, and all other features which may be impacted by the inflatable. Tethered, inflatable sign: the maximum altitude at which a tethered inflatable sign can be flown is twenty (20) feet, as measured from the ground immediately beneath the anchor point to the point of connection at the top of the tethered inflatable sign. No tethered inflatable sign can be flown or anchored in any manner that presents a safety hazard or otherwise endangers the public. No minimum setback from property line is required for the anchor point; however no portion of the tether or the inflatable sign shall be allowed to encroach onto the right of way of streets and pedestrian pathway, and on the air space of adjoining public or private property lines. Ground mounted, inflatable signs: the maximum height of a ground anchored inflatable sign shall be twenty (20) feet. The sign shall be located at least ten (10) feet from all property lines and ten (10) feet from a driveway or parking area access lane. On a corner lot, no signs shall be located within the required site triangle. All wires shall be within the property lines. No minimum setback from property lines is required for the anchor point; however no portion of the tether or the inflatable sign shall encroach onto the right of way of streets and pedestrian pathways, and on the air space of adjoining public or private property lines. C. D-3 Open Business/Light Industrial, D-4 High Tech/Data Processing/Light Manufacturing, and E Industrial Sign Districts 1. D-3 Open Business/Light Industrial, D-4 High Tech/Data Processing/Light Manufacturing, and E Industrial Sign Districts include any parcel located within the incorporated City limits that is designated D-3, D-4, and E zone as shown on the zoning map. 2. Use: No sign shall be erected or structurally altered, unless otherwise provide herein, except for one or more of the following uses: a. Any sign allowed in D-2 General Business Sign District is permitted in D-3 Open Business/Light Industrial, D-4 High Tech/Data Processing/Light Manufacturing, and E Industrial Sign Districts. b. Billboards: Billboards as defined in Section 10-15-2(b) are allowed within the corporate limits of the City subject to the following conditions and requirements being met: ---PAGE BREAK--- Billboards shall not be allowed, except in D-3, and E Sign Districts, unless erected by the City for the purpose of directing the public to and/or identifying the Cody downtown business area. Billboards shall not be allowed within one thousand (1,000) feet of the following intersections: Big Horn Avenue and 16th Street; 17th Street and Sheridan Avenue; 8th Street and Yellowstone Avenue; Yellowstone and West Yellowstone Avenues and South Fork Road. All Billboard Permit applications shall be accompanied by a legal lease between the property owner and the billboard company. The lease shall address the removal of the billboard (both the sign itself and the support structure for the billboard) at the termination of the lease. A copy of all updates or renewals of the lease must be given to the City for their files. Billboard permit applications must also be accompanied by a bond suitable in value to cover the removal of all portions of the sign (the sign itself and the support structure) at the end of the lease. Illumination of billboards shall be provided by shielded lights anchored at the bottom of the sign and directed at the face of the sign without spilling off the sign. See “Table Specific Regulations by Zone” following this chapter for Billboard size requirements. D. Planned Unit Development Sign District 1. Planned Unit Development Sign District includes any parcel located within the incorporated City limits that is designated as a Planned Unit Development zone shown on the zoning map, except for signage located within the Downtown Business Sign District. 2. A Planned Unit Development Sign District is developed as a single entity under a plan which may provide a variety of land uses, housing types and densities, and which provides design characteristics in addition to those ordinarily allowed by right or condition in the zoning district in which it is located. It is intended that each P.U.D. will be a separate development, having different design characteristics for the uses and improvements, based upon a particular site situation. Commercial establishments within planned unit developments where the underlying zoning is residential shall be permitted signage as if the lot were in D-2 General Business Sign District. 3. All signage will be approved through the Planned Unit Development Process. E. Downtown Business Sign District The Downtown Business Sign District is located one-half (1/2) Block North of Sheridan Avenue up to and including the alley between Sheridan and Rumsey and a one-half (1/2) Block South of Sheridan Avenue up to and including the alley between Sheridan and Beck Avenue, and from the east side of 9th Street (including those lots and buildings on the east side of 9th street), to the west side of 16th Street (including those lots and buildings on the west side of 16th Street). 1. No sign shall be erected or structurally altered, unless otherwise provide herein, except for one or more of the following uses: 2. Any sign allowed in D-1 Limited Business is permitted in the Downtown Business Sign District. a. Allowable Increase in Area: The Planning, Zoning and Adjustment Board may allow an increase in the sign area up to one hundred percent (100%) in such instances where there are two separate business entrances not visible from one location or when the multiple use facility is accessible from two or more ---PAGE BREAK--- streets. No more than one sign per business may be visible on any building from any one location. This provision applies to all signs unless specifically excluded elsewhere in this Code. F. Hospitals and Urgent Care Clinics The Hospitals and Urgent Care Clinics are unique in nature and require separate signage within the city. There is a need for flexibility for these facilities due to the services these facilities provide. The intent of this section is to have clear and visible signage for the health and safety of the community. Regardless of which zoning district hospitals and urgent care clinics are located, such uses shall be permitted the following signs: 1. Emergency and Trauma center signs shall not require a permit. 2. The areas of the facility that face or are next to a residential neighborhood will not be allowed to have illuminated signage. Areas that are facing or within a commercial district will be allowed to have illuminated signage. 3. All signage will be approved through the Planning, Zoning and Adjustment Board. G. Churches, Museums, & Libraries Sign Districts Regardless of the sign district in which a church, museum, public library or fraternal organization is located, such uses shall be permitted the following signs: 1. Illuminated Signage will be allowed but with conditions as follows: a. The signage can only be illuminated during night time functions, and the lights cannot be direct as to flood on to residential property if facility is next to a residential neighborhood. b. All illuminated signs for churches, museums, school and fraternal organizations shall be approved by the Planning, Zoning and Adjustment Board. Table Inset for the type of signs permitted, the number of signs allowed, placement, area and use of signs within Commercial Sign Districts: TABLE SPECIFIC REGULATIONS BY SIGN DISTRICT COMMERICAL SIGN DISTRICTS D-1 Limited Business Sign District Sign Type Category Permitted Max. Number Max. Area per Face Max. Area by Zone Lot Max. Height and Length Max. Lengt h Notes Freestandin g Identificati on 1 per street frontage, 1 max. 32 sq. ft. 50 sq. ft. 10 ft. Attached Wall Business Attached: 1 per face of storefront, 1 per street frontage, not to exceed 2 signs per establishme nt max. 32 sq. ft. 32 sq. ft. j) Marquee Projecting Signs Awning Suspended Max. 2 additional hanging panels per projecting 32 sq. ft. 32 sq. ft. Projectin g Signs shall be not less than 8 ---PAGE BREAK--- sign. feet from travel way to the bottom of sign and the edge of the sign shall be at least 2 feet back from curb. Freestandin g Constructi on 1 per premise 32 sq. ft. 6 ft. Real Estate Temporary Sign 1 per street frontage 16 sq. ft. 6 sq. ft. for residenti al lots, 32 sq. ft. for subdivisi on 6 ft. Must be placed on the property. Temporary Signs/Bann ers Temporary Sign 32 sq. ft. Inflatable Temporary Sign Not allowed within this District D-2 General Business Sign District Sign Type Category Permitted Max. Number Max. Area per Face Max. Area by Zone Lot Max. Height and Length Max. Lengt h Notes Freestandin g Identificati on 300 sq. ft. 600 sq ft. 25 ft. Attached Wall Business 150 sq. ft. 300 sq. ft. Marquee Projecting Signs Awning Suspended 25 sq. ft. 50 sq. ft. Projectin g Signs shall be not less than 8 feet from travel way to the bottom of sign and the edge of the sign shall be at least 2 feet back ---PAGE BREAK--- from curb. Attached Wall Residential Identificati on Sign Attached: 1 per each dwelling 1 sq. ft. 5 ft. Attached Wall, Freestandin g Residential Complex Identificati on Attached: 2 per face of building, 1 per entrance into complex, not to exceed 4 signs per establishme nt max. 32 sq. ft. 18 ft. Residential Development Freestandin g Constructi on 32 sq. ft. 64 sq. ft. 10 ft. Joint Directory 40 sq. ft. 80 sq. ft. max. 8 ft. For 3 or more businesses will have to put together a Master Sign Program Real Estate Temporary Sign 1 per street frontage 16 sq. ft. 6 sq. ft. for residenti al lots, 32 sq. ft. for subdivisi on 6 ft. Must be placed on the property. Non- residential 6 sq. ft. Temporary Signs/Bann ers Temporary Sign 32 sq. ft. Inflatable/ Flags Temporary Sign 150 sq ft. 20 ft. See Section 10-15-8-III for specific regulations D-3 Open Business/Light Industrial, D-4 High Tech/Data Processing/Light Manufacturing, and E Industrial Sign Districts Sign Type Category Permitted Max. Number Max. Area per Face Max. Area by Zone Lot Max. Height and Length Max. Lengt h Notes Freestandin g Identificati on 300 sq. ft. 600 sq. ft. 25 ft. Attached Wall Business 150 sq. ft. 300 sq. ft. ---PAGE BREAK--- Marquee Projecting Signs Awning Suspended 25 sq. ft. 50 sq. ft. 25 ft. Clear 8 ft. above grade. Joint Directory 2 per project, group of businesses, or shopping center 40 sq. ft. 80 sq. ft. 8 ft. For 3 or more businesses will have to put together a Master Sign Program Billboards 300 sq. ft. 600 sq ft. 25 ft. in height is maximu m, the bottom may not be less than 10' from the ground 60 ft in length max., Spacing shall be at least 1000 feet apart from any other billboard on the same side of the street. Billboards will not be allowed in a D-4 Zoning District Temporary Signs/Bann ers Temporary Sign 32 sq. ft. Real Estate Temporary Sign 1 per street frontage 16 sq. ft. 6 sq. ft. for residenti al lots, 32 sq. ft. for subdivisi on 6 ft. Must be placed on the property. Inflatable/ Flags Temporary Sign 150 sq ft. 20 ft. See Section 10-15-8-III for specific regulations Freestandin g Constructi on 32 sq. ft. 64 sq. ft. 10 ft. P.U.D. Planned Unit Development Sign District All SIGNS IN A PLANNED UNIT DEVELOPMENT WILL BE DONE THROUGH THE PLANNED UNIT DEVELOPMENT PROCESS Sign Type Category Permitted Max. Number Max. Area by Zone Lot Max. Area per Face Max. Height and Length Notes Freestanding Temporary Construction 2 per zone lot or subdivision. 96 sq. ft. max. for 2 street frontages 48 sq. ft. 6 ft. Downtown Business Sign District Sign Type Category Permitted Max. Number Max. Area per Face Max. Area by Zone Lot Max. Height and Length Max. Lengt h Notes Freestandi ng Identificati on 1 per premise 240 sq. ft. 480 sq. ft. 25 ft. ---PAGE BREAK--- Attached Wall Business Attached: 1 per face of store front, 1 per street frontage, not to exceed 2 signs per establishme nt max. 1.5 x the lineal feet of frontage 1.5 x the lineal feet of frontage Marquee Projecting Signs Awning Suspended Max. 2 additional hanging panels per projecting sign. 25 sq. ft. 50 sq. ft. Projectin g Signs shall be not less than 8 feet from travel way to the bottom of sign and the edge of the sign shall be at least 2 feet back from curb. may include a max. of two additional suspended signs per projecting sign. Banners Temporary Sign 32 sq. ft. per sign face Constructi on Signs Temporary Sign 1 per premise 32 sq. ft. Max 6 ft. Real Estate Temporary Sign 1 per street frontage 16 sq. ft. 6 sq. ft. for residenti al lots, 32 sq. ft. for subdivisi on 6 ft. Must be placed on the property. Inflatable Temporary Sign Not allowed within this district. E Zoning District Sign Type Category Permitted Max. Number Max. Area per Face Max. Area by Zone Lot Max. Height and Length Max. Lengt h Notes Freestandin g Identificati on 550 sq. ft. 700 sq. ft. 25 ft. Attached Wall Business 150 sq. ft. 300 sq. ft. Marquee Projecting Signs 25 sq. ft. 50 sq. ft. 25 ft. Clear 8 ft. above ---PAGE BREAK--- Awning Suspended grade. Joint Directory 2 per project, group of businesses, or shopping center 40 sq. ft. 80 sq. ft. 8 ft. For 3 or more businesses will have to put together a Master Sign Program Temporary Signs/Bann ers Temporary Sign 32 sq. ft. Inflatable/ Flags Temporary Sign 150 sq ft. 20 ft. See Section 10-15-8-III for specific regulations Billboards 300 sq. ft. 600 sq ft. 25 ft. in height is max. the bottom may not be less than 10' from the ground 60 ft in length max. Spacing shall be at least 1000 feet apart from any other billboard on the same side of the street. Billboards will not be allowed in a D-4 Zoning District Freestandin g Constructi on 32 sq. ft. 64 sq. ft. 10 ft. Real Estate Temporary Sign 1 per street frontage 16 sq. ft. 6 sq. ft. for residenti al lots, 32 sq. ft. for subdivisi on 6 ft. Must be placed on the property. Hospital-Urgent Care Clinics Sign Type Category Permitted Max. Number Max. Area per Face Max. Area by Zone Lot Max. Height and Length Max. Lengt h Notes Attached Wall Identificati on All Signage must be approved through P&Z Board Freestandi ng (Monumen t) Identificati on All Signage must be approved through P&Z Board Marquee Projecting Signs Awning Suspended All Signage must be approved through P&Z Board Churches, Museums, & Libraries Sign Type Category Permitted Max. Number Max. Area Max. Area by Max. Height Max. Lengt Notes ---PAGE BREAK--- per Face Zone Lot and Length h Attached Wall Identificati on All Signage must be approved through P&Z Board. Freestandi ng (Monumen t) Identificati on All Signage must be approved through P&Z Board. Bulletin All Signage must be approved through P&Z Board. All Zones Freestandi ng Attached Sponsor Signs no limit no limit no limit no limit Must be approved by City Council. Freestandi ng Real Estate 1 per platted subdivision or property entrance. 16 sq. ft. 32 sq. ft. 6 ft. No sign shall be attached to a building at a height above the third story unless the business which the sign advertises is located above the third story, in which case the sign may be on the same story as the business. In no event shall a roof sign be permitted In no case shall the height of a freestanding sign exceed twenty-five (25) feet. Wall signs shall not extend above the roof line or be secured to the top of a parapet wall. No Internal Illumination. Illuminated sign will not be allowed in residential district unless authorized by Planning, Zoning and Adjustment Board. All signs must be permitted by WYDOT except all City side streets. Signs located within the Airport Overlay Zone will need to meet with the Airport Board for height restrictions. Cannot be placed within an utility easement or Right-of-Way Multiple Tenant Buildings. The total permitted attached sign area shall be allocated to tenants based on the building frontage of each individual tenant. Additional provision may apply in the zoning districts. See applicable district provisions An on-premises freestanding sign is permitted only at a primary entrance, with a minimum separation of two hundred (200) feet between any two permitted on-premise signs on the lot. This Ordinance shall become effective at the final passage and publication in the Cody Enterprise as required by law. PASSED ON FIRST READING: ___May 3, 2011___ ---PAGE BREAK--- PASSED ON SECOND READING AS AMENDED: __May 17, 2011___ PASSED ON THIRD READING: ____June 7, 2011____ Nancy Tia Brown, Mayor ATTEST: Baker, Administrative Services Officer