It shall be the intent and purpose of this sign chapter (hereinafter referred to as "this chapter") to regulate the size, number, illumination, movement of, maintenance of and locations of signs and other advertising symbols, markings or devices; to allow the business and residential community equal and fair opportunity to advertise and promote activities, products and services without discrimination; to protect and promote the health, safety and welfare of the public; to encourage aesthetic creativity while preserving and enhancing historic places and preventing the proliferation of unsightly advertising. (Ord. 2011-02, 6-7-2011)

   A.   Construction Of Language: The following rules of construction shall apply to this chapter:

      1.   The particular shall control the general.

      2.   In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, summary table, or illustrative table, the text shall control.

      3.   The word "shall" is always mandatory. The word "may" is permissive.

      4.   Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

      5.   A "building" or "structure" includes any part thereof.

      6.   The phrase "used for" includes "arranged for", "designed for", "maintained for" or "occupied for".

      7.   The word "person" includes any person, firm, partnership, association, corporation, company or organization of any kind.

      8.   Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and, or, or either...or", the conjunction shall be interpreted as follows:

         a.   "And" indicates that all the connected items, conditions, provisions, or events shall apply.

         b.   "Or" indicates that at least one of the connected items, conditions, provisions or events shall apply.

         c.   "Either...or" indicates that the connected items, conditions, provisions, or events shall apply singly but not in combination.

      9.   The word "includes" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

   B.   Definitions:

    A-FRAME SIGN: Any sign placed directly on the ground and connected, at the top or side, to form an "A" or other similar shape. No A-frame sign shall be larger than two feet by four feet (2' x 4'). See section 7-2-7 of this code for additional regulations on A-frame signs.

   ABANDONED SIGN: A sign which advertises a business, entity, establishment or organization which is no longer in operation, or a service, activity or product that is no longer available where the sign is displayed; or an off premises sign which is vacant of copy or which advertises a business, entity, establishment, organization, product or service which no longer exists or is no longer provided, except as otherwise provided in this code. A sign which advertises or promotes a business, entity, establishment, partnership, individual or organization (hereinafter the business) which has ceased operations or is no longer providing products or services to the public for nine (9) months or more shall be deemed to be abandoned. Staff may grant an extension of up to two (2) months upon a showing by the property or owner that the business has resumed or will resume operations within that period of time. An abandoned sign will also include any billboard sign for which there is no current and valid lease agreement between the property owner and the billboard owner, and where a property owner has not otherwise consented to the positioning of the billboard.

   ADVERTISING DEVICE: Any balloon, flag, pennant, propeller, oscillating, rotating, pulsating light or other contrivance except a sign, used to attract attention for the purpose of promoting the sale of products or services.

   ADVERTISING SIGN: Any sign directing attention to a business, commodity, good, product, service, or entertainment conducted, sold or offered.

   ADVERTISING STATUARY: Any imitation or representation of a person or thing which is sculpted, modeled or cast in any solid or plastic substance, material, or fabric and used for commercial purposes.

   ALTERATION: Any change of size, shape, illumination, position, location, construction or supporting structure, to cause to change or make different without changing into something else or permanently losing its former characteristics.

   ANIMATED SIGN: Any sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames which give the illusion of motion, including, but not limited to, the illusion of moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including electronic changeable copy signs.

   AREA OF SIGN: Sign area is the entire surface area of a sign including nonstructural trim. The supports, uprights or structures on which any sign is mounted shall not be included in determining sign area. Sign area for cutout letters or displays shall include the total cumulative area within the periphery of the collective cutout letters or display which can be enclosed within a rectangle or series of attached rectangles. If a sign consists of a symbol or statuary, the entire surface area of the symbol or statuary which can be enclosed within a rectangle shall be determined as the sign area.

   ATTACHED SIGN: An on premises sign that is attached to a building wall or other surface. Awning signs, canopy signs, window signs, projecting signs, and wall signs are all considered attached signage.

   AWNING SIGN: On premises attached sign displayed to or incorporated into the surface of an architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering or nonrigid materials, and/or fabric on a supporting framework that may be either permanent or retractable.

   BALLOON: An inflatable device which does not exceed ten inches (10") in diameter, and is sealed to contain air or gas, and is anchored to the ground, a vehicle, structure or any other fixed object used for the purpose of advertising or drawing attention to a business, activity, commodity, service, sale or product.

   BANNER: A strip of cloth, plastic or similar material with copy and/or graphics produced in a professional manner and intended to be hung or suspended without a rigid enclosing framework, and affixed to a building or railing which is located outdoors. Banners shall be displayed pursuant to section 10-15-9 of this chapter.

   BEACON OR FLASHING SIGNS: Signs which feature flashing or rotating lights, strobes, or strands of lights.

   BILLBOARD: A board or panel used for the display of posters, printed or painted advertising matter, either illuminated or nonilluminated, which directs attention to goods, merchandise, entertainment or services offered elsewhere than the premises where the sign is located.

   BULLETIN BOARD: A board or frame containing a material which facilitates the addition or removal of announcements, bulletins, displays, information, or advertising.

   BUSINESS SIGN: A sign which directs attention to a business, profession, commodity, service or entertainment sold or offered upon the premises where such a sign is located or to which it is attached.

   CANOPY SIGN: A structure, either detached from or attached to and extending from the enclosed portion of a building, and used principally to provide shelter in connection with activities conducted in the principal building. This definition includes, but is not limited to, fuel stations, banks and pharmacies.

   CHANGEABLE COPY SIGNS (MANUAL): A sign on which copy or sign panels may be changed manually in the field, such as boards with changeable letters or changeable pictorial panels.

   CONSTRUCTION AND DEVELOPMENT SIGN: A temporary sign allowed for a limited period of time that identifies a development under construction as well as design, construction and marketing information for a development.

   CONVENIENCE SIGN: Any sign which conveys information such as "restrooms", "no parking", "entrance", "exit" and the like, and is designed to be viewed on site or adjacent to the site by pedestrians and/or motorists.

   COPY: The wording or message on a sign surface either in permanent or removable letter or panel form.

   DANGEROUS OR DEFECTIVE SIGN: A sign which is not maintained and/or which is not safe.

   ELECTRONIC MESSAGE BOARD: A sign, or portion of a sign, that displays an electronic image and/or video, which may or may not include text. Such signs include any sign, or portion of a sign, that uses changing lights to form a sign message or messages or uses electronic means to change the sign message. Electronic message boards include, but are not limited to, signs also known as electronic reader boards, electronic message center signs, tripanel message systems and commercial electronic variable message signs (CEVMS).

   EXTERNALLY ILLUMINATED: A sign that features artificial illumination from a light source which provides light directly onto the sign face, or portions of the sign face, or its background, which light is then reflected back to the viewer.

   FLAGS: Flags or insignia of any nation, state, county, city, religious, civic or educational institution, except flags used in connection with a commercial promotion or as an advertising device.

   FLUSH MOUNTED WALL SIGN: A sign attached to, painted on or erected against the wall of a building or structure which extends no more than twelve inches (12") from the wall surface upon which it is attached and whose display surface is parallel to the face of the building.

   FREESTANDING SIGN: An on premises sign, identifying the principal use conducted on the lot where the sign is located, that is placed on or anchored in the ground with one (1) or more supports and that is not part of a building or other structure. Can also be referred to as a ground, monument, pole, or pylon sign.

   FRONTAGE: See section 10-2-1 of this title.

   GRADE: See section 10-2-1 of this title.

   HOME OCCUPATION SIGN: A sign used in conjunction with a home occupation as defined in section 10-2-1 of this title.

   HOSPITAL: An institution where sick or injured are given medical or surgical care.

   IDENTIFICATION SIGN: A permanent sign announcing the name of a subdivision, group housing project, church, school, park, planned shopping center, planned industrial center or public area.

   ILLEGAL SIGN: Any sign failing to conform to the provisions and requirements of this chapter.

   ILLUMINATED SIGN: A sign lighted by or exposed to artificial lighting either by lights in the sign or directed towards the sign.

   INDIRECTLY ILLUMINATED SIGN: Any sign which has light cast on its surface from an exterior source including electric lights or luminous tubes.

   INFLATABLE SIGNS: An inflatable sign is a ground mounted or tethered sign that is manufactured of plastic, cloth, canvas, or other light fabric and inflated, with air, or other gas. Inflatable signs shall include those which are sealed, and those through which air or gas is continuously blown by a fan, blower, or other device. Inflatable signs do not include balloons.

   INTERNALLY ILLUMINATED SIGN: A sign that features artificial illumination from a light source located behind the sign face and which transmits light through the sign face or portions of the sign face to the viewer, also known as backlit illumination. Exposed neon tubing and similar lighting shall not be considered an internally illuminated sign. A light from a source concealed or contained within the sign, and which becomes visible through a translucent surface.

   JOINT DIRECTIONAL SIGN: A sign used by three (3) or more businesses to identify all the tenants within a particular development.

   LOT: See section 10-2-1 of this title.

   MAINTAIN: To permit a sign, structure or any part of each to continue or to repair or refurbish a sign, structure or any part of either.

   MARQUEE SIGN: Signage placed over the entrance to a hotel or theater stating either the name of the establishment or, in the case of theaters, the play or movie and the artist(s) appearing at that venue.

   MASTER SIGN PROGRAM: A coordinated system of signing intended to produce consistent, uniform and equitable placement of signs at a shopping center or building containing multiple businesses (containing 2 or more), i.e., multiple use facility, mall/shopping centers.

   MONUMENT SIGN: Any sign supported by its own base and not by a pole or other support structure, not exceeding fourteen feet (14') in height.

   MULTIPLE USE FACILITY: A commercial or industrial park, office complex, shopping mall or other facility which serves two (2) or more businesses.

   NEON SIGN: An illuminated sign containing a glass tube filled with neon or phosphors which are bent to form letters, symbols or other shapes.

   NONCONFORMING SIGN: Any sign which was lawfully erected prior to the effective date hereof or is located in newly annexed territory which does not comply with the provisions of this chapter.

   OFF PREMISES SIGN: A sign or billboard which is used or intended for use to advertise, identify, direct or attract the attention of the public to a business, institution, product, organization, event or location offered or existing other than upon the same premises where the sign or billboard is displayed.

   ON PREMISES SIGN: A sign displaying information pertaining only to a business, industry, activity, or profession located on the premises where the sign is displayed, and pertaining only to the name of the business, type of product sold, manufactured, or assembled, and/or service, activity, or entertainment offered on said premises, including business identification or occupancy signs.

   PANEL CHANGE OUT: Removing and/or replacing the advertising or copy area panel(s) of a sign without replacing or modifying the sign structure.

   PEDESTRIAN ORIENTED SIGN: A permanent sign that directs pedestrian traffic without reference to or including the name of a product sold or service performed on the lot.

   PENNANT: Any series of small flaglike or streamerlike pieces of cloth, plastic or paper, or similar material attached in a row to any staff, cord or building, at only one or two (2) edges, the remainder hanging loosely.

   PERMANENT SIGN: A sign that is attached or mounted to a building, post, frame, pole, mast with bolts, concrete footings or foundations, or such similar devices.

   POLITICAL SIGN: A temporary sign used in connection with a local, state, or national election or referendum.

   PORTABLE SIGN: A sign not permanently attached to the ground or other permanent structure, including, but not limited to, signs with attached wheels, A-frame signs, signs attached or painted on vehicles parked and visible from the street.

   PRIMARY PUBLIC ENTRANCE: An entrance to a business which is open to the public during its normal and customary hours of operation and the entrance used as the primary ingress and egress to the business by the public.

   PROJECTING SIGN: An on premises attached sign, end mounted or otherwise attached to an exterior wall of a building and which projects not more than three feet (3') from the wall to which it is attached.

   PROJECTING STRUCTURE: The physical structure by which a projecting sign is affixed or mounted to a building.

   PUBLIC SIGNS: Signs required to be maintained by law or governmental order, rule or regulation.

   REAL ESTATE SIGN: An on premises sign for the purpose of advertising the sale or lease, or the completion of the sale or lease, of real estate when erected or displayed on the property so advertised and removed within fourteen (14) days of sale or lease. No building permit required for individual lot signs.

   ROOF SIGN: Any sign, any part of which is located on or attached to a roof or on top of a parapet wall.

   SIGN: Any object, device, display or structure or part thereof situated outdoors which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, motion, illumination or projected images. The term "sign" includes, but is not limited to, every projecting sign, ground sign, pole sign, window sign, vehicle sign, awning, canopy, marquee, changeable copy sign, illuminated sign, flashing sign, animated sign, temporary sign, portable sign, pennant, banner, streamer, or any other attention getting device or other display whether affixed to a building or separate from a building. For the purpose of removal, "sign" shall also include all sign structures.

   SIGN HEIGHT: The height of an on premises freestanding sign shall be measured from the road to which the sign is oriented or average grade of the site where the sign is located; whichever is higher, to the top of the highest attached component of the sign, the sign face, sign structure, and any other appurtenance. Any change in a site's grade specifically designed to increase a sign's height shall be included as part of the sign's height.

    SINGLE FACED SIGN: Any sign consisting of or having only one (1) inscribed, printed, or marked face, which is designed and constructed to be visible from only one (1) side.

   SNIPE SIGN: Any sign made of any material, including paper, cardboard, wood and metal, when such sign is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, fences or other objects, and the advertising matter appearing thereon is not applicable to the premises upon which said sign is located.

   SPECIAL EVENT: A sign advertising only the name, time and place of any bona fide fair, carnival, festival, bazaar, rodeo or similar event, when conducted by a public agency, civic, nonprofit or charitable cause. Special events signs shall not be displayed more than thirty (30) days consecutively. Special event signs will need a permit.

   SPONSOR SIGNS: A sign placed on the property of a city, county, school district, or nonprofit organization, and said sponsor sign represents a company or organization which has financially contributed to said entity. A sponsor sign to be placed on property owned by the City of Cody must be approved by the City Council.

   STREET: See section 10-2-1 of this title.

   STREET NUMBERS: Numbers placed on a building for the purpose of identifying the address or location. Premises identification shall meet the requirements of the City's building code.

   SUBDIVISION DEVELOPMENT SIGNS: This off site sign may contain advertising in connection with the name of the subdivision, development firm, building contractor, real estate sales firm, and may refer to materials, appliances, supplies and building trades used in construction of dwellings, or services provided by the developer. The sign shall be removed six (6) months after the last lot is constructed upon. See table in section 10-15-9 of this chapter for size requirements and restrictions.

   SUSPENDED SIGN: An on premises attached sign that is suspended from the underside of a horizontal plane surface or arm, such as a canopy or marquee, and is supported by such surface.

   TEMPORARY SIGN: An impermanent sign for advertising or displaying, which is visible for a limited period of time not to exceed one hundred eighty (180) days in any twelve (12) month period (examples of temporary signs include, but are not limited to, banners and inflatables). Off premises, temporary A-frame signs are limited to a period of time not to exceed seven (7) days.

   V-SHAPED SIGN: A sign that is attached to the building with an angle of thirty degrees (30°) or greater between the two (2) faces. Its areas shall be computed by adding the areas of the two (2) faces together. If the angle between the two (2) faces is less than thirty degrees (30°), its area shall be computed in the same manner as for a double faced sign.

   WALL SIGN: An on premises sign affixed to or painted on the wall of any building and completely in contact with the building throughout its greatest dimension, which does not extend beyond the main wall of the building more than fifteen inches (15") except in accordance with these regulations. A painted work of art or mural is not considered a wall sign. A window sign is considered a wall sign.

   WALL MURAL: A work of art, such as a painting applied directly to a wall, fence, pavement, or similar surface that is purely decorative in nature and content, and does not include advertising by picture or verbal message.

   WINDOW SIGNS: An on premises wall sign that is permanently etched into, attached to, or painted on the outside of a window and is legible from outside the window. (Ord. 2011-03, 6-7-2011; amd. Ord. 2011-26, 11-15-2011)

   A.   Applicability: The following regulations apply to all signing and/or to the specific type of sign hereinafter indicated:

      1.   Any sign support which has been abandoned and no longer contains a sign must be removed in accordance with section 10-15-10 of this chapter.

      2.   In all instances, any sign erected within the city must comply with the provisions of the building code.

      3.   Every sign shall be maintained in a safe, presentable and good structural material condition at all times, including the repair and replacement of defective parts, painting, repainting, cleaning or other acts required for the maintenance of said sign, as determined by the planning, zoning and adjustment board. If the sign does not comply with adequate safety standards, the city shall require its removal in accordance with sections 10-15-10 and 10-15-11 of this chapter.

      4.   No persons shall maintain or allow to be maintained on any premises owned or controlled by him, any sign which is in a dangerous or defective condition.

   B.   General Standards: The following standards apply to all signs unless specifically exempted in other parts of this chapter:

      1.   Unique Shapes: Curvilinear, circular, and other unique shapes that incorporate graphics are encouraged.

      2.   On Premises Sign Area Measurement Provisions: The measurement of the area of signs shall be determined as follows:

         a.   Measurement Of Internally Illuminated Signs And Signs Consisting Of A Permanent Structure With Removable Panels: The area of internally illuminated signs and signs consisting of a permanent structure with panels designed to be removed and/or replaced for periodic maintenance or change of tenant(s) shall be computed as the smallest rectangle that will encompass the extreme limits of the illuminated or changeable panels and structure less than three inches (3") wide, regardless of sign shape and whether or not open spaces exist. Any cutouts or extensions shall be included in the area of the sign. In the case of separate signs sharing a common structure, the open spaces between the panels shall not be counted as sign area.

         b.   Area Of Multifaced Signs: Signs constructed back to back, with faces in approximately parallel planes (such as both sides of a single panel), shall count as only one sign both in number and area. All other signs having multiple faces, including cylinders, shall have all surfaces included in the calculations for sign area. If a sign is V-shaped, with an angle of thirty degrees (30°) or greater between the two (2) faces, its areas shall be computed by adding the areas of the two (2) faces together. If the angle between the two (2) faces is less than thirty degrees (30°), its area shall be computed in the same manner as for a double faced sign.

         c.   Area Of Multi-Tenant Signs, Changeable Copy Signs, Or Electronic Message Boards: The face and frame of a portion of a sign that includes the names of individual tenants or an area for changeable or electronic copy shall count toward the total area of the sign.

         d.   Measurement Of All Other Signs: Sign area for all other signs shall consist of the smallest rectangle or sum of contiguous rectangles which completely encompasses the sign message, including letters, words, and graphic elements. This method of measurement shall also apply to words and graphic elements painted onto windows, awnings and canopies.

      3.   Off Premises Signs:

         a.   Temporary A-Frame Signs:

            (1)   Organizations and businesses (profit or nonprofit) may place temporary A-frame signs off premises under the following regulations:

               (A) Must complete application and obtain permit from the city of Cody. No fees shall be charged for application and permitting process for temporary A-frame signs.

               (B) Each organization and/or business may receive one permit per year and each permit will be valid for seven (7) consecutive days.

               (C) No more than five (5) permits will be issued for the same seven (7) day period. Permits will be issued on a first come, first served basis.

               (D) No applicant is allowed to place more than six (6) temporary A-frame signs within the city.

               (E) All temporary A-frame signs must conform to the definition of A-frame signs as defined within this chapter.

               (F) Each applicant shall be responsible for ensuring that each temporary A-frame sign is securely grounded so as to avoid signs being blown by wind to any other location not authorized by the permit, in addition, applicant must monitor each sign on a daily basis during the seven (7) day permit period to ensure the signs are in compliance with the application approved.

               (G) The city of Cody shall reserve the right to remove any and all signs which are not in the location approved by the permit process or any sign that has become a safety hazard to traffic and/or pedestrians.

               (H) All signs must be placed in preapproved locations as follows:

                  (i) Public Property: No signs shall be placed within the public right of way except for as otherwise allowed by this code.

                  (ii) Private Property: No signs shall be placed on private property without the express written consent of the property owner, and such written consent is presented to the city of Cody with the application.

      4.   Attached, Projecting And Marquee Signs: The following rules and regulations shall apply to attached, projecting and marquee signs:

         a.   The area of an attached sign where the sign consists of letters, numerals or symbols painted on or affixed to a wall shall be the entire area within a continuous perimeter enclosing the extreme limits of the message delineated by the letters, numerals or symbols.

         b.   The area of an attached or suspended sign where the letters, numerals or symbols are on a sign surface which is hung or affixed to a structure shall be the total area of the hung or affixed surfaces. If a sign has two (2) or more display faces, the area of all faces and all noncontiguous surfaces is included in determining sign area.

         c.   The background area of a sign shall not be included in the sign area only when such background is an integral part of the building.

      5.   Measurement Of Allowable Sign Area For Uses With More Than One Street Frontage: Signs may be located on any side of the building involved, but the total sign area of all signs may not exceed the total cumulative allowable square footage for all street frontages.

      6.   Location: The following rules and standards shall apply in establishing the location of signs within the city of Cody:

         a.   No portion of a sign, except exempted signs, shall be located within the city or state right of way or sight distance triangles except as permitted through the application process which must have approval by both the city of Cody governing body and the Wyoming department of transportation. Signs placed on city streets other than state highways must submit an application to the city of Cody. Persons wishing to place a sign which encroaches upon a state highway must complete an application and obtain approval from the state of Wyoming highway department. Those forms can be picked up in the planning department at city hall or at the Wyoming department of transportation. Hand carried signs will be allowed within the right of way as long as it is not a hazard to the community.

Signs are considered structures and must observe setback requirements for each zoning district as delineated in the city zoning code.

         b.   No sign shall be located in a manner that impairs ingress and egress through windows, doors, or other means of entering or exiting from a structure or building.

         c.   No sign shall be placed as to impede the sight distance and vision of motorists. (Ord. 2011-04, 6-7-2011)

         d.   No sign, awning or other obstruction shall be suspended from any building into or over any sidewalk, street or alley, so as to obstruct or interfere with the pedestrian traffic or vehicle traffic, nor shall any sign, awning or other obstruction be suspended in or over any portion of the street beyond the sidewalk. Projecting signs located over public pedestrianways shall be placed not less than eight feet (8') from the travelway to the bottom of the sign. The projecting edge of the sign shall be at least two feet (2') back from any curb line. (Ord. 2011-26, 11-15-2011)

      7.   Illumination: The following rules and standards shall apply in establishing the type of illumination which may be used for signs within the city of Cody:

         a.   Submit Plans For Lighting: At the planning department's discretion, any proposed external, internal, backlit or indirect lighting application may be required to submit professionally prepared plans depicting the types of lighting to be used.

         b.   Electrical Wiring: All signs containing electrical wiring shall be subject to the provisions of the electrical code in place at that time and electrical plans and specifications shall be submitted to the building official for review, approval and building permit issuance.

         c.   Flashing Lights: A sign with blinking, chasing, flashing or moving effects; or a sign displaying intermittent or flashing lights similar to those used in governmental traffic signals or used by police, fire, ambulance, or other emergency vehicles are prohibited. Such signs include beacons, spotlights, searchlights, or reflectors and signs which revolve, or rotate or swing by mechanical means.

         d.   Exterior Illumination: Exterior illumination shall be allowed, provided that the following criteria are satisfied: Any externally illuminated sign shall be shielded so as not to cast direct light onto any residential district and as not to create a safety hazard.

         e.   Internally Illuminated: Internal illumination may be allowed, provided that the following criteria are satisfied: The proposed light source shall not be visible from the exterior of the sign, which shall include the back, edges, and sides.

         f.   Backlit Or Indirectly Illuminated Signs: Backlit/indirectly illuminated signs may be allowed, provided that the following criteria are satisfied: Signs shall be illuminated from a source mounted on the structure behind the proposed sign and shall not be visible through the sign. Lighting shall be visible only along the edges of the sign and light shall not extend more than three inches (3") beyond the sign edges.

      8.   Structural And Safety Considerations: All electrical services for sign lighting shall be provided with underground or hidden devices or otherwise in compliance with the international electrical code as is currently adopted by the city.

      9.   Billboards: Billboards as defined in subsection 10-15-2B of this chapter shall be allowed only in zoning districts D-3 and E. (Ord. 2011-04, 6-7-2011)

      10.   Electronic Message Boards And Animated Signs:

         a.   Not more than one electronic message board sign may be permitted per zoning lot.

         b.   Electronic message boards and animated signs shall not display off premises commercial advertising.

         c.   Electronic message boards and animated signs are not permitted in residential sign districts.

         d.   The leading edge of the sign must be a minimum distance of one hundred feet (100') from an abutting residential zoning district boundary.

         e.   Electronic message boards must utilize an automatic dimmer control so as to not exceed a maximum luminance of five thousand (5,000) nits (candelas per square meter) during daylight hours (from sunrise to sunset), and a maximum luminance of five hundred (500) nits (candelas per square meter) from sunset to sunrise.

         f.   The use of audio speakers is prohibited in association with a sign.

         g.   Electronic message boards and animated signs shall be permitted only in the following sign districts: D-2, D-3, and E industrial. In addition, electronic message boards and animated signs may be permitted in the downtown business district, but must have special approval by the planning and zoning board. Approval will be based on consideration of adjacent signage, the size of the proposed signage, and compliance with applicable sign requirements of the Wyoming department of transportation. (Ord. 2013-17, 10-15-2013; amd. Ord. 2021-02, 3-3-2021)

   A.   Provision Intent: The provisions of this chapter are not intended to abrogate any other ordinance of the city which is more restrictive than the provisions of this chapter.

   B.   Uncertainty Of Ordinance Provisions: Whenever the application of this chapter is uncertain due to ambiguity of its provisions, the application shall be referred to the planning, zoning and adjustment board for a determination and clarification.

   C.   Severability: If any section, subsection, sentence, clause, phrase or portion of this chapter is, for any reason, held invalid or unconstitutional or unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. (Ord. 2011-05, 6-7-2011)

   A.   Reviews And Permits Required:

      1.   Sign Plan Review: It is unlawful to erect, construct, reconstruct, alter, paint or change the use of any "sign" as defined in this chapter without first applying for a sign plan review and receiving approval from the City. No sign plan review shall be approved unless it is found to comply with all appropriate provisions of this chapter or a special exemption has been obtained. Signs listed as exempt in this chapter shall not be subject to these regulations.

      2.   Exception: Routine maintenance, repair and repainting which does not enlarge or alter a sign, may be performed on a previously approved sign without submitting a sign plan. A replacement of exact size, dimension and shape of any sign face shall be exempted provided that it meets all requirements of this chapter.

      3.   Building Permit: Upon approval of the sign plan review the owner, owner's representative, or contractor must obtain a building permit prior to the installation of any sign. Exempt signs as listed in this chapter shall not require a building permit.

      4.   Electrical Permits: Any sign or portion of a sign that is powered by or lit with electricity must obtain an electrical permit.

      5.   Wyoming Department Of Transportation Permit: Prior to placing any sign in the Downtown Architectural District, adjacent to any State highway or within any State right-of- way, the applicant must submit an application to the Wyoming Department of Transportation (WYDOT) and must obtain approval from WYDOT.

   B.   Sign Plan Review Process:

      1.   Application: Sign plan review applications shall be obtained from the City Planning Department. A completed application shall be submitted to the Planning Department by the owner or his authorized agent. The application shall contain, or have attached thereto, the following information:

         a.   The name and address of the owner or other person in control of the premises upon which the sign or advertising structure is to be constructed, erected, posted or displayed, the name of the person erecting the sign or structure; the address and legal description of the premises upon which the proposed sign or advertising structure is to be located and the frontage of the lot or building. For V-shaped signs the applicant must provide the degree of the angle between sign faces.

         b.   A site plan which identifies the location of all exterior signs existing or proposed for the premises. The plan must include building elevations with signs depicted. Sign elevations must indicate overall and letter/figure dimensions, colors, materials, and illumination for each sign.

         c.   Two (2) drawings containing plans and specifications which indicate the method of construction and anchoring to the building or ground; the total area of the proposed sign in square feet; the height of the proposed advertising structure from ground level; and an electrical wiring plan if the sign is to be supplied with electricity.

      2.   Application Review: Within twenty one (21) days of filing a completed application the Planning Department shall review the sign review application. The Planning Department shall determine if the proposed sign and application are in compliance or noncompliance with this chapter. The Planning Department shall either approve the application, deny the application due to noncompliance with this chapter or other City ordinances or regulations which may apply, or refer the application directly to the Planning, Zoning and Adjustment Board in situations where the department is uncertain as to the interpretation or application of this chapter to the proposed sign. Every sign plan review approved by the Planning Department shall expire by limitation and become null and void if a building permit is not issued by the Building Department within one hundred eighty (180) days of the date of approval of such review. Additional time may be permitted with authorization of the Planning Department.

      3.   Review Approval: If the Planning Department has determined the sign and application is in compliance with this chapter and other ordinances and regulations which may apply, the Planning Department shall approve the sign plan review for the proposed sign and direct the applicant to the Building Department for building permit review and issuance.

      4.   Review Application Retention: The Planning Department shall retain one (1) copy of the sign plan review application. The review application and subsequent approval or denial shall be retained at the Office of the Planning Department until such time as the sign no longer exists.

      5.   Review Fees: Each application for a sign review shall be accompanied by a review fee as set forth by section 10-1-6 of this title.

      6.   Appeal From The Decision Of The Planning Department: Upon denial of a sign plan review by the Planning Department, the applicant may submit a modified application for reconsideration to the planning department, or file an appeal to the planning, zoning and adjustment board. An appeal from the decision of the planning department shall be filed with the planning department within thirty (30) calendar days of the denial of a sign plan. The appeal shall contain twelve (12) copies of detailed drawings, drawn to scale, containing complete plan specifications which indicate the method of construction and anchoring to the building or ground; the total area of the proposed sign in square feet; and the height of the proposed advertising structure from ground level. The appeal must state the reason why the applicant feels the planning department's decision was in error. The planning, zoning and adjustment board shall consider the appeal at its next regularly scheduled meeting or as promptly as practicable at a subsequent regularly scheduled meeting. The applicant shall be given written notice of the date, time and place of the hearing. The burden shall be on the applicant to demonstrate why the planning department's decision was in error, and to show that the proposed sign complies with this chapter. The appeal shall be limited to a determination by the planning, zoning and adjustment board of whether the planning department erred in determining that the application did not comply with this chapter. The board shall render a decision on the appeal within thirty (30) days of the meeting. (Ord. 2011-06, 6-7-2011)

   A.   Exempted Signs: The following signs shall be exempt from the provisions of this chapter providing that they meet the requirements set forth in this section:

      1.   Public Right Of Way: All signs erected in a public right of way by a public agency controlling or directing traffic and information signs shall be exempt from the provisions of this chapter.

      2.   Official Flags: "Official flags" include flags of the United States Of America, the state of Wyoming, and other states of the United States, counties, municipalities, and official flags of foreign nations recognized by the United States government, provided they are kept in good repair. The maximum size of any one flag shall be twenty four (24) square feet with the exception of the United States Of America flag which may be any size. Flagpoles may not exceed twenty five feet (25') as measured from final grade. Uplighting of all flags except the flag of the United States Of America is prohibited. Flagpoles within the airport overlay zone may be subject to additional regulations, and shall require approval of the manager of Yellowstone Regional Airport to ensure compliance with FAA and Yellowstone Regional Airport rules and regulations.

      3.   Other Flags And Pennants: Other flags are flags that are not "official flags" as defined above. Examples of other flags include flags of schools, universities, colleges, sports teams, churches, religious groups, and nonprofit or charitable organizations. The maximum size of a flag or pennant shall be twenty four (24) square feet.

      4.   Group Signs: Signs grouped together at the entrance(s) to the city which represent community clubs and organizations (Lions, Rotary, Eagles, etc.), religious institutions and the like.

      5.   Signs Inside Buildings: Any sign inside a building or inside a window, except flashing, animated or rotating signs intended to be visible from outside the building. "Open" and "Closed" signs shall be exempt as described below.

      6.   Political Signs: Political signs may be displayed so long as they are removed within ten (10) days after the election to which they refer. Said signs shall be located entirely on private property.

      7.   Identification, For Sale Or For Rent Signs: Owner identification or occupant identification signs for residential structures, private warning signs and for sale or for rent signs, none of which may exceed six (6) square feet on one face or twelve (12) square feet on two (2) faces.

      8.   Signs On Vehicles: Signs on a truck, bus, car, boat, trailer or other authorized vehicle and equipment; provided all of the following conditions are met:

         a.   The primary purpose of such vehicle or equipment is not the display of signs;

         b.   Signs are painted upon or applied directly to an integrated part of the vehicle or equipment;

         c.   The vehicle or equipment is in operating condition, currently registered and licensed to operate on public streets when applicable, and actively used in the daily function of the business to which the signs relate;

         d.   The vehicles or equipment are not used primarily as static displays, advertising a product or service, nor utilized as storage, shelter or distribution points for commercial products or services for the general public;

         e.   Vehicles and equipment engaged in active construction projects and the on premises storage of equipment and vehicles offered to the general public for rent or lease shall not be subject to this condition.

      9.   Bulletin Boards: Public, charitable and religious institutions may construct bulletin boards if they are located on the premises of such institution and comply with the provisions of this chapter and are not more than sixteen (16) square feet in area.

      10.   Menu Signs At Drive-Through And Drive-In Restaurants: Said signs shall not be designed to be read from the public right of way or to attract attention to the site from the right of way.

      11.   Decorative Signs: Decorative signs clearly incidental to, and commonly or customarily associated with any national, local or religious holiday, except where a characteristic of the sign is specifically prohibited in all cases (for example, traffic distractions); limited to a maximum of thirty (30) square feet and a maximum height of fifteen feet (15'), unless given approval by the planning and zoning board for additional height.

      12.   Prohibited Activities Signs: Prohibited activities signs located on a premises posting said premises for warning or other prohibitions on trespassing, hunting, fishing, swimming or other prohibited activities. Such signs shall be no greater than three (3) square feet in area and shall be spaced no closer than fifty feet (50') apart, except as otherwise provided in other applicable city ordinances. Setback requirements shall not apply to such signs.

      13.   Open, Closed Hours: Door and window signs that designate hours and "open" and "closed" shall not exceed four (4) square feet and not more than one of each is allowed per business entrance.

      14.   Vacancy, No Vacancy: All "vacancy" or "no vacancy" signs are not to exceed three and one-half (31/2) square feet, and not more than one per business is allowed.

      15.   Wall Murals: Wall murals that do not contain advertising.

      16.   Building Inscriptions: The inscription of names (or dates) of buildings, when etched into masonry in one location on any business or premises. Each letter of an inscription may not exceed twenty four inches (24") in height and the total engraved area may not occupy more than twenty (20) square feet of the surface of the building. In addition, buildings designated by the city council, the state of Wyoming, or the United States as having historical significance to the community are allowed one historical plaque per street frontage not to exceed one square foot.

      17.   Public Signs: Signs posted by governmental entities within public parks, trails and school property including, but not limited to, street and traffic signs, interpretive signs, identification signs, scoreboards, etc.

      18.   Existing Signs: All signs existing as of the passage date hereof; provided that such signs are in conformance with previous city municipal code requirements.

   B.   Prohibited Signs: The following signs shall not be allowed in the city of Cody:

      1.   Unauthorized Signs: Any sign not specifically authorized in accordance with the provisions of this chapter is prohibited.

      2.   Mechanical Signs: Mechanical signs, including signs containing moving, swinging, or rotating parts, unless specifically permissible as part of the allowable signage enumerated in this chapter.

      3.   Hazardous Signs: Signs which create a safety hazard by obstructing clear view of pedestrian or vehicular traffic.

      4.   Signs On Parked Vehicles: Signs placed on vehicles, a truck, bus, car, boat, trailer or other authorized vehicle and equipment which are parked on a public right of way, public property or private property so as to be visible from a public right of way where the apparent purpose is to advertise a product or direct people to a business or activity located on the same or nearby property are not permitted. However, this is not intended to prohibit signs which meet the conditions and criteria of exempted signs.

      5.   Signs Constituting A Traffic Hazard: No person shall install or maintain or cause to be installed or maintained any sign which mimics, simulates or imitates in size, color, lettering or design any traffic sign or signal, or which makes use of the words "stop", "look", "danger" or any other words, phrases, symbols, or character in such a manner to interfere with, mislead or confuse traffic.

      6.   Signs On Doors, Windows Or Fire Escapes: No sign shall be installed, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape, except those signs as required by other codes or ordinances.

      7.   Signs In Proximity To Utility Lines: No sign plan shall be approved for any sign, and no sign shall be constructed or maintained, which has less horizontal or vertical clearance from authorized communication or energized electrical power lines than that prescribed by the laws of the state of Wyoming, the ordinance of the city of Cody, or other applicable rules, regulations and codes.

      8.   Signs On Public Property: Signs on public property including streets, medians, islands, parkways, sidewalks, traffic control signposts, utility poles, and trees. Signs are prohibited on any utility pole, traffic sign post, traffic signal or any other official traffic control device. No person except a public officer in performance of a public duty shall affix, by any means, any form of sign, on any public property or within the public right of way. (Ord. 2011-07, 6-7-2011)

      9.   Public Property; Permission: Signs will not be located on publicly owned property unless permission has been granted by the governing body.

      10.   Roof Signs: Roof signs as defined herein.

      11.   Sound Producing Signs: Signs which produce audible noise or sounds.

      12.   Emitting Signs: Signs which emit visible smoke, vapor, particles or odor.

      13.   Snipe Signs: Snipe signs as defined herein.

      14.   Rotating Signs: Rotating signs or signs utilizing a strobe light(s) are prohibited. (Ord. 2011-07, 6-7-2011)

(Ord. 2011-08, 6-7-2011)

   A.   Signs Permitted: Except as otherwise provided, signs are permitted in all zoning districts as accessory uses, in accordance with the provisions contained in this title. The type of signs permitted within a zone, the number, placement, area, and use of signs in various zoning districts of the city are contained in the table, "Specific Regulations by Sign District", of this section.

   B.   Residential Sign Districts: Residential sign district includes any parcels located within the incorporated city limits designated R-1, R-2, R-2MH, R-3, R-4, MHP and RR. See table "Specific Regulations by Sign District", of this section.

   C.   Sign District R-1 And RR: No sign shall be erected or structurally altered, unless otherwise provided herein, except for one or more of the following uses:

      1.   Address numbers shall be placed on a building for the purpose of identifying the address or location. Premises identification shall meet the requirements of this code and the International Building Code.

      2.   All signs shall attach flush with the wall of the building.

   D.   Sign Districts R-2, R-2MH, R-3, R-4: No sign shall be erected or structurally altered, unless otherwise provided herein, except for one or more of the following uses:

      1.   All signs allowed in AA or RR;

      2.   Address numbers shall be placed on a building for the purpose of identifying the address or location. Premises identification shall meet the requirements of this code and the International Building Code;

      3.   Child Care homes and Child Care centers are subject to the following conditions: All signs must come before the Planning, Zoning and Adjustment Board for approval.

   E.   Sign District MHP:

      1.   Signs shall only be located at the entrance into the mobile home park.

 

(Ord. 2011-09, 6-7-2011; amd. Ord. 2025-32, 11-4-2025)

   A.   D-1 Limited Business Sign District:

      1.   D-1 Sign District Defined: 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 provided herein, except for one or more of the following uses:

         a.   Any sign allowed in the downtown business sign district is permitted in the D-1 sign district.

         b.   See the table, "Specific Regulations By Sign District", of this section.

      3.   Commercial Signs: All commercial 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 premises. 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 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:

            (1)   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.

            (2)   Advertising flags must be securely fastened.

            (3)   Banners and advertising flags must be of professional quality construction and appearance pursuant to the definition in section 10-15-2 of this chapter.

            (4)   If the banner/advertising flag becomes damaged or detached, the banner or flag must be removed or repaired within forty eight (48) hours.

            (5)   Banners shall be subject to the time limits for temporary/seasonal signs described above.

   B.   D-2 General Business Sign District:

      1.   D-2 Sign District Defined: 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:

         a.   Signs Allowed: 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 aggregate square footage does not exceed one hundred fifty (150) square feet. No individual inflatable sign shall exceed twenty feet (20') 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 premises 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.

            (1)   Tethered Inflatable Sign: The maximum altitude at which a tethered inflatable sign can be flown is twenty feet (20'), 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 pathways, and on the air space of adjoining public or private property lines.

            (2)   Ground Mounted Inflatable Signs: The maximum height of a ground anchored inflatable sign shall be twenty feet (20'). The sign shall be located at least ten feet (10') from all property lines and ten feet (10') 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, D-4 And E Sign Districts Defined: 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 provided herein, except for one or more of the following uses:

         a.   Signs Allowed: 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 subsection 10-15-2B of this chapter are allowed within the corporate limits of the city subject to the following conditions and requirements being met:

            (1)   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.

            (2)   Billboards shall not be allowed within one thousand feet (1,000') 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.

            (3)   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.

            (4)   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.

            (5)   See the table, "Specific Regulations By Sign District", of this section 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 (PUD) 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 PUD 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 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.   Uses: No sign shall be erected or structurally altered, unless otherwise provided herein, except for one or more of the following uses:

         a.   Any sign allowed in D-1 limited business is permitted in the downtown business sign district.

      2.   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 (2) separate business entrances not visible from one location or when the multiple use facility is accessible from two (2) or more 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 chapter.

   F.   Hospitals And Urgent Care Clinics Sign District: 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 for 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, And 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 for the following signs:

      1.   Illuminated signage will be allowed but with conditions as follows:

         a.   The signage can only be illuminated during nighttime functions, and the lights cannot be direct as to flood on to residential property if the facility is next to a residential neighborhood.

         b.   All illuminated signs for churches, museums, schools and fraternal organizations shall be approved by the planning, zoning and adjustment board. (Ord. 2011-10, 6-7-2011)

   SPECIFIC REGULATIONS BY SIGN DISTRICT

 

Notes:

(Ord. 2011-10, 6-7-2011; amd. Ord. 2011-26, 11-15-2011)

   A.   General: In order to achieve the general purpose and objectives of this chapter as specified in section 10-15-1 of this chapter, it is necessary to provide for the removal of signs which are illegal, nonconforming and abandoned. The following subsections detail the method of correction and/or disposition required.

   B.   Illegal Signs; Disposition: Any illegal sign shall be removed from the premises upon which it is located within thirty (30) days of delivery of a written notice of violation, and shall not be installed on the premises or elsewhere in the city until a sign plan review has been approved and a building permit is issued. The written notice shall be delivered:

      1.   In person to either the property owner or occupant of the property where the sign is located; or

      2.   By certified mail, return receipt requested to either the owner or occupant of the property where the sign is located; or

      3.   By leaving a copy of the notice with an individual over the age of eighteen (18) at the property where the sign is located, or at the residence or regular place of business of the owner or person in possession of the premises.

      4.   If property is unoccupied and the owner cannot with reasonable diligence be ascertained or located, then the planning department shall cause a copy of the notice to be published in a newspaper of general circulation in the city, once a week for three (3) consecutive weeks, and shall further cause a copy of the aforesaid notice to be posted on the property.

   C.   Nonconforming Signs:

      1.   Preexisting Signs: Signs already in existence and displayed prior to July 1, 2011, and which do not conform to the regulations prescribed herein may be allowed to remain so long as they are maintained and repaired pursuant to subsection 10-15-3A3 of this chapter. Such signs may be modified, repaired and maintained so long as modifications, repairs or maintenance do not increase the degree of nonconformance.

      2.   Repair: When fifty percent (50%) or more of a nonconforming sign is repaired, repainted, replaced or altered such repairs shall be made to conform to the requirements of this chapter at the time of such alteration or repair, and the property owner or person displaying such sign shall apply for a sign permit.

      3.   Replacement: A permit to replace a sign shall not be required if a preexisting sign (as defined herein) suffers substantial damage which requires the complete replacement of the sign, and such damage is due to an act of God, or other unforeseeable acts not the fault of the property owner or the person displaying the sign.

   D.   Abandoned Signs; Disposition: Abandoned signs shall be removed by the owner of the premises on which the sign is located. Upon failure of the owner to remove an abandoned sign, the planning department or building official shall proceed as described in section 10-15-11 of this chapter.

   E.   Dangerous Or Defective Signs; Disposition: Any dangerous or defective sign shall be repaired or removed by the owner of the premises or the owner of the sign. Upon failure of the owners to repair or remove a dangerous or defective sign, the planning department or building official shall proceed as described in section 10-15-11 of this chapter. (Ord. 2011-11, 6-7-2011)

   A.   General:

      1.   Sign Removal: Any illegal, nonconforming, abandoned, dangerous or defective sign which is not removed from the premises by the sign owner, user, or property owner shall be subject to removal by the city in accordance with the provisions and procedures detailed in this section. Any person who fails to comply with the provisions of this section shall be guilty of a misdemeanor and shall be subject to the penalties set forth in section 1-4-1 of this code.

      2.   Removal By The City:

         a.   Upon failure of the sign owner, user, or property owner to comply with a written notice to remove a sign, the planning department or building official is hereby authorized to cause such illegal, nonconforming, abandoned, dangerous, or materially, electrically or structurally defective sign to be removed.

         b.   Any time periods provided in this section shall be deemed to commence the date the notice is delivered or if by publication, then from the date of last publication.

         c.   Notwithstanding the above, in cases of emergency, the city administrator may cause the immediate removal of a dangerous or defective sign without notice.

      3.   Disposal Of Signs; Costs:

         a.   Any sign removed by the city pursuant to the provisions of this section shall become the property of the city and may be disposed of in any manner deemed appropriate by the city. The cost of the removal of the sign by the city shall be considered a debt owed to the city by the owner of the sign and the owner of the premises, and may be recovered in an appropriate court action by the city. The cost of removal shall include any and all incidental expenses incurred by the city in connection with the sign's removal.

         b.   If it shall be necessary for the city to remove a sign pursuant to the provisions hereof, and it should be practicable to sell or salvage any material derived in the aforesaid removal, the city may sell the same at private or public sale at the best price obtainable and shall keep an accounting of the proceeds thereof. Such proceeds, if any, shall be used to offset the costs of removal to be charged to the sign owner or property owner and shall be the responsibility of the sign owner or property owner. Should the proceeds exceed the costs, the excess shall be paid to the owner of the premises from which the sign is removed, or to the owner of said sign, whenever claim therefor is established.

      4.   Failure To Remove: Failure to remove any illegal, nonconforming, abandoned, dangerous or defective sign and subsequent failure by the planning department or building official to give notice to the business, user or property owner of the provisions of this section, shall not be deemed or constitute a waiver of any violations of this chapter, nor shall such an action be deemed to constitute a determination that any such sign is legal, in conformity with this chapter, or to be given any special status. (Ord. 2011-12, 6-7-2011)

   A.   Interpretation Of Sign Regulations: When it is required that an interpretation be given to the standards and regulations specified in this chapter, said interpretation shall be made by the planning, zoning and adjustment board, and shall remain final unless appealed to and overruled by the city council.

   B.   Deviation, Waiver, Or Vary From The Sign Chapter: When an applicant wants to deviate or vary from the standards contained in this chapter, the applicant shall apply for a special exemption pursuant to section 10-14-2 of this title. (Ord. 2011-13, 6-7-2011)

   A.   Violation Unlawful: The violation of or failure to comply with any of the provisions of this chapter or the erection, use or display of any sign not in compliance with all the terms and provisions of this chapter shall be declared to be a misdemeanor, punishable in the city of Cody municipal court by a fine not to exceed seven hundred fifty dollars ($750.00).

   B.   Revocation Of Permit: Failure to abide by and faithfully comply with any and all terms and conditions that may be attached to the granting of any sign permit pursuant to the provisions of this chapter, or failure to abide by the terms and provisions of this code, shall constitute grounds for the revocation of the permit by the city planner or building official. (Ord. 2011-14, 6-7-2011)