Chapter 18.90
SIGNS
Sections:
18.90.010 Purpose and scope of chapter.
18.90.050 Allowable sign areas and setbacks.
18.90.070 Temporary signs shall require a special permit.
18.90.080 Preexisting nonconforming signs.
18.90.010 Purpose and scope of chapter.
The purpose of this chapter is to permit signs that will not, by their reason, size, location, construction or manner of display, endanger the public safety of individuals, confuse, mislead or obstruct the vision necessary for traffic safety, or otherwise endanger the public health and safety. This chapter is intended to protect the safe and orderly development of the community through the regulation of signs and sign structures and to minimize the adverse effect of signs on nearby public and private property. Moreover, this chapter is intended to permit signs that will support and complement the land use objectives contained in this chapter and in the town’s comprehensive plan and to permit only those signs which will preserve and maintain property values within the corporate limits of Wheatland.
This chapter shall apply to signs erected, altered and maintained by and for permitted uses in all zoning districts. Exterior advertising devices are signs. Signs governed by several regulations shall comply with all such regulations. If state regulations for signs along highways are in conflict with this chapter, the more restrictive rules shall apply. [Ord. 834, 2022; Ord. 740 § 1, 2007. Formerly 18.80.010.]
18.90.020 General provisions.
(a) The town of Wheatland has adopted the most recent edition of the International Building Code and may have other ordinances or regulations within this jurisdiction. Whenever the provisions of the town sign code are inconsistent with provisions of the International Building Code or other ordinances or regulations the more restrictive shall apply.
(b) All advertising devices as defined by the Wheatland Municipal Code are signs. Any sign shall, by definition, be a structure. A sign building permit must be obtained before any sign is displayed, except those exempt signs described in WMC 18.90.030. No signs shall be erected or maintained/kept in any zoning district unless it is in compliance with the town’s development code and any other codes or ordinances adopted by the town. The planning commission shall review and approve or disapprove all sign building permit applications. At the discretion of the planning commission, the base for freestanding signs over six feet in height must be designed by a Wyoming-licensed professional engineer. All signs shall be constructed in compliance with the building codes and shall be constructed in such a manner and of such material that they shall be safe and substantial. Scale drawings of the sign and manner of supports shall be furnished to the building inspector in the application for a sign building permit.
(c) Signs shall be maintained in a good state of repair. Freestanding pole signs over 30 feet in height shall have the sign, all connection points and support structure inspected at least every five years to confirm and recertify the structural integrity of the freestanding pole sign. Copies of the inspection report shall be filed with the town of Wheatland building inspector.
(d) Signs unreadable because of deterioration and signs on vacant buildings or no longer advertising a business on the premises or otherwise obsolete may be ordered removed or repaired by the building inspector. If the owner of or the person responsible for the sign fails to remove the sign as ordered, the owner of the premises shall be responsible. The work shall be done within 30 days following the date of the building inspector’s order. The town building inspector shall make the determination of whether a sign is obsolete or not obsolete.
(e) No sign or sign structure shall be located along any street in such a manner as to obstruct free and clear vision nor in any location where by its position, shape or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device. No sign or sign structure shall be allowed to restrict visibility of other signs at the discretion of the building inspector with the oversight of the planning commission.
(f) The building inspector shall enforce permitting of all signs and shall enforce the limitations of those signs that shall not require a building permit. Notices of violation shall be sent to offending parties stating the need to obtain necessary permits. The owner of a sign that is located without required permits or not removed or repaired in a timely manner shall be guilty of a misdemeanor. [Ord. 834, 2022; Ord. 827, 2020; Ord. 740 § 2, 2007. Formerly 18.80.020.]
18.90.030 Exempted signs.
The following types of signs shall not require a building permit; however, they shall meet all other applicable aspects of this chapter.
(a) Signs required by law or authorized for a public purpose.
(b) Signs erected by a public agency controlling or directing traffic, railroad crossing warning devices, and private signs used exclusively to direct traffic on private property.
(c) Cornerstones and historical markers, as designated by town, state or other controlling authority.
(d) Religious symbols and flags of a government or noncommercial institution, such as a school.
(e) Warning signs and signs restricting access, such as “no trespassing” signs, not to exceed two square feet in size.
(f) Works of art where the enterprise does not receive direct commercial gain.
(g) Identifying signs and lettering on business doors.
(h) One sign showing only name and/or address of occupant, not exceeding two square feet and mounted flat against a wall.
(i) Real estate, “For Sale,” rental and lease signs when located on the subject property that is actively for sale or lease. These signs shall not exceed six square feet in area, except that real estate and “For Sale” signs in industrial and business districts (GB, FIB, LI, HI) may not exceed 32 square feet in size.
(j) Political campaign signs not exceeding eight square feet in size and not located in the right-of-way, unless approved by the jurisdiction having control of said right-of-way. Such signs shall not be erected more than 30 days prior to the primary election and shall be removed within seven days after the general election.
(k) Contractor signs: temporary construction signs, not exceeding 12 square feet, identifying a contractor engaged in construction on the premises. Such signs are only permitted during the period of construction.
(l) Sidewalk signs; such signs shall be permitted only in business and industrial districts. Each establishment may have only one such sign which shall take up a maximum of two feet width of the sidewalk. Any such sign may be no more than four feet in height, shall not impede pedestrian traffic, shall be restricted to the sidewalk adjacent to that establishment, must be movable and may only be displayed during business hours of that establishment.
(m) Temporary signs for social or nonprofit activities or for yard or garage sales. Such signs shall be allowed for 72 hours prior to the activity and shall not be located on a public right-of-way or a utility structure without approval of that controlling authority. The person or entity putting up the sign shall be responsible for the removal of the sign within 48 hours of the end of the activity.
(n) One sign for an approved home occupation that does not exceed two square feet and is mounted flat on the face of the structure and not illuminated.
(o) Signs updating branding or logos, not increasing in size, or changing bracketing design.
(p) Transient merchant signs when included in the town permitting of transient merchants.
(q) Exempt signs that exceed the standards of subsections (a) through (o) of this section may only be allowed with an approved special permit and building permit. [Ord. 834, 2022; Ord. 740 § 3, 2007. Formerly 18.80.030.]
18.90.040 Prohibited signs.
(a) No “revolving beacon,” “fountain” or “flashing” signs which are of such intensity or so located that it could detract from safe driving or negatively impact residential uses. All allowed flashing signs shall require an approved special permit prior to issuance of a building permit.
(b) No person shall park any vehicle or trailer on public or private property so as to be visible from the public right-of-way, which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same premises or other premises. Vehicles used in the normal day-to-day operations of the owner or a business and/or in normally accepted business practices may be excepted.
(c) No obscenities or profanities shall be allowed on any signage. Such determination shall be at the discretion of the building inspector, excepting that the affected party may appeal the decision of the building inspector to the board of adjustment. [Ord. 834, 2022; Ord. 740 § 4, 2007. Formerly 18.80.040.]
18.90.050 Allowable sign areas and setbacks.
(a) Wall and other attached signs per square footage of building:
(1) Up to 5,000 square feet; total sign area allowed: 300 square feet;
(2) Five thousand to 20,000 square feet, total sign area allowed: 400 square feet; over 20,000 square feet, total sign area allowed: 500 square feet.
(b) Freestanding pole signs: one sign with up to 100 square feet per face, except that lots with multiple street frontages may have a second pole sign with up to 64 square feet per face. May be double faced. Pole sign bases must be located a minimum of 10 feet from neighboring property lines. No portion of the sign may extend across a property line and no portion of the sign may extend into the right-of-way without approval of the controlling street authority, the town engineer or WYDOT. Where abutting a residential district the pole sign base must be set back a minimum of 20 feet.
(c) All pole signs and any other signs that extend within three feet of a driveway or within a parking or driving area shall have the lowest level of any overhanging portion of the sign at least 10 feet above the curb level.
(d) Ground signs: up to 40 square feet and must be located a minimum of 10 feet from neighboring lot lines and five feet from rights-of-way, unless approved to be closer by the controlling street authority. Where abutting a residential district the sign must be set back a minimum of 15 feet.
(e) Bench signs: 16 square feet maximum and shall not exceed five feet in height.
(f) Mobile home park or travel trailer park: 60 square feet per face. May be double faced.
(g) Center identification signs: two signs may be used to identify a commercial, industrial or professional center or complex, including a maximum of one freestanding sign and one wall sign, per the size restrictions noted above.
(h) Identification signs for churches, schools, hospitals, police stations, fire stations and other public facilities may not exceed 40 square feet in size. They may be illuminated, but not in any manner that will negatively affect residential uses. Bulletin board signs for such facilities may not exceed 12 square feet in size and may be illuminated with the same low-impact restrictions. These signs must meet a minimum setback of one-half the building setback when located in, or adjacent to, a residential district.
(i) Signs that may not be identified herein may be permitted upon review and approval by the planning commission who can require that any approval also require an approved special permit. [Ord. 834, 2022; Ord. 740 § 5, 2007. Formerly 18.80.050.]
18.90.060 Off-premises signs.
An “off-premises sign” is a sign advertising goods or services not sold on, or advertising an establishment not located on, the premises upon which the sign is located. Off-premises signs shall only be allowed with an approved special permit and shall only be allowed in general business (GB), highway business (HB), light industrial (LI), heavy industrial (HI) and conservancy (C) districts. Notwithstanding anything herein to the contrary, noncommercial copy may be substituted for commercial copy on any lawful sign permitted with an approved special permit.
Off-premises signs include advertising devices in and on athletic stadiums. Multiple signs at such a facility may be permitted under one special permit. [Ord. 834, 2022; Ord. 740 § 6, 2007. Formerly 18.80.060.]
18.90.070 Temporary signs shall require a special permit.
Exceptions that may be issued with only an approved building permit shall include special promotion, event and grand opening signs; however, such signs may be displayed not more than 30 consecutive days in any three-month period and not more than 60 days in a calendar year, shall not be erected more than 10 days prior to the event and shall be removed not more than two days after the event. [Ord. 834, 2022; Ord. 740 § 7, 2007. Formerly 18.80.070.]
18.90.080 Preexisting nonconforming signs.
All signs in violation of the provisions of this section, but existing one year before the effective date of the ordinance codified in this chapter, and for which no notice of violation has been issued or sent as of the passage of the ordinance codified in this chapter, shall be allowed to remain in place, and shall be treated as preexisting nonconforming signs. Such signs shall not be structurally altered except to meet safety requirements, expanded or re-established after being discontinued for 180 calendar days. All signs legally existing at the time of passage of this title may remain in use under the conditions of legal nonconformance. Signs in legal nonconformance shall not be enlarged, moved, lighted, or reconstructed; however, the change of the advertising display shall not be restricted except as previously stated. [Ord. 834, 2022; Ord. 740 § 8, 2007. Formerly 18.80.080.]