Committee clears zoning changes for window signs, clarifies prohibited signage and vehicle sign enforcement

The Cheyenne Public Services Committee recommended approval of an ordinance amending the Unified Development Code to change rules for window signs, clarify prohibited signs and expand portable signs in commercial zones.

Seth Lloyd, planner with the City of Cheyenne Planning and Development Department, said the ordinance responds to a council work session request to allow more window signage “at a % as long as they allow light into the structure.” He said the Police Department reviewed the proposal and expressed no general concerns about increased window coverage.

The proposed changes also clarify prohibited signage, including off-premises signs, and retain narrow content-based limits only where constitutional concerns are lower. Lloyd said the code limits content-based regulation to commonly regulated areas: “1 is obscenity, and the other is unlawful activity.” He told the committee that clarifying the language gives the zoning official authority to deny or discuss signs that otherwise could appear to be permitted through zoning review.

Other code changes include: reversing an ambiguous parapet/roofline rule so sign height is measured against whichever is greater rather than whichever is less; and allowing portable signs in most commercial zone districts. The ordinance does not change the council’s prior rejection of off-premises signage requests, Lloyd said.

Committee members raised enforcement and compliance questions. Dr. Aldrich observed that the code’s wording on “signs that are obscene or do not concern lawful activity” is awkward and suggested replacing it with “signs that are obscene or promote unlawful activity.” She also asked about vehicle wraps that are parked publicly and used as advertising; Lloyd pointed to an existing code section that prohibits signs placed on vehicles or trailers “for the primary purpose of displaying signs” when parked and visible from the right of way. Eric Fountain, director of compliance, told the committee that the compliance office enforces vehicle-based signs only when they are on private property; vehicles parked in the public right of way are not enforced by compliance.

Dr. Evans asked whether the ordinance affects electronic public right-of-way signs; staff clarified that the zoning code regulates signs on private property and that signs in the public right of way are governed separately and generally allowed if approved by public works for traffic or public-safety reasons.

The motion to approve the ordinance in committee was made by Dr. Aldridge and seconded by Dr. Emmons; the committee gave a voice vote in favor and will forward the recommendation to the council for final action.