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Planning commission declares three off‑premise signs unlawful along Highway 1416
Summary
After staff presentations, the commission declared three off‑premise signs — Creekside Storage, a repainted 'God Bless USA' sign, and Prairie View Rentals — unlawful under City Code §30‑89 and authorized staff to begin the notice and removal process.
The City of Box Elder Planning Commission on Oct. 20 voted to declare three off‑premise signs along Highway 1416 unlawful under municipal code section 30‑89 and authorized staff to pursue the required notice, cure period and removal procedures.
Chad Tomjack, planning, zoning and code enforcement supervisor, walked commissioners through each sign and the city's enforcement process. He said owners receive notice and have 14 days to correct a violation, after which the city may remove the sign and assess removal costs. Tomjack said several of the signs are located on railroad property, complicating the ownership and billing for removal. He identified Ken Skyberg as the owner of the Creekside Storage sign and also the owner of the repainted "God Bless USA" sign; Skyberg told staff he wished to retain those signs.
Tomjack emphasized that an off‑premise sign must display a current advertising message under the code. Although the 'God Bless USA' sign had been repainted and looked better, Tomjack said the lack of a valid advertising message left it potentially out of compliance. He said the Prairie View Rentals sign has unclear ownership and may require the city to absorb removal costs if no responsible party can be located.
Commissioners discussed First Amendment concerns and asked where the code requires an 'advertising message.' Staff pointed to the sign chapter and to section 30‑36 (advertising message required) as the basis for bringing the items to the commission for determination. After discussion about aesthetics, ownership and precedent, Commissioner Al Levine moved to declare the Creekside Storage sign, the 'God Bless USA' sign, and the Prairie View Rentals sign unlawful and direct staff to proceed; the motion was seconded and passed by roll call.
Tomjack said staff will send letters specifying corrective actions and, if owners do not comply, will schedule removal and calculate costs for possible assessment. Two other signs noted in the presentation — the senior center sign and a Cheyenne Pass sign — were reported brought into compliance during the process.
