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)