S-3 SIGN LICENSING AND REGULATIONS

S-3-1 PURPOSE

The purpose of this chapter is to establish rules and regulations regarding the construction, use, placement, and maintenance of signs located within the City of Fort Pierre.

Authority: SDCL 9-29-1, 9-30-3

S-3-1.1 DEFINITIONS

For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein.

A. “Billboard” shall mean a free standing sign with an advertising area of more than fifty (50) square feet but not more than three hundred (300) square feet which is supported by one or more uprights, poles, or braces in or upon the ground.

B. “Advertising area” shall mean the total surface area capable of displaying letters, words or symbols within a frame and shall be determined from the outside edge of the frame itself. The surface area of a sign composed of only letters, words, or symbols shall be determined from imaginary straight lines drawn around the entire parameter creating a rectangle capable of encompassing of such grouping of letters, words, or symbols. Three-dimensional or multifaceted signs shall be calculated as the maximum rectangular area visible from any single direction at any point in time encompassing the entire object.

C. “On-premises sign” shall mean any sign with a maximum advertising area of one-hundred (100) square feet located on the same property for which the advertisement is intended.

D. “Off-premises sign” shall mean any sign with a maximum advertising area of fifty (50) square feet not located on the same property for which the advertisement is intended.

E. “Portable Sign” shall mean any sign with a maximum square footage of thirty-two (32) square feet and is not permanently anchored to the ground or permanently mounted to a building, and which is capable of being moved from location to location.

F. “Sign” shall mean any permanent object, including its structure and component parts, which is used or intended to be used to attract attention to the subject matter for advertising or other purposes and does not include paint on the surface of a building relating to the activity conducted in the building.

G. “Temporary Sign” shall mean any sign, banner, pendant, valance, or other advertising display constructed of cloth, canvas, light fabric, cardboard, paper, wallboards, or other light materials, with or without frames, which may only be displayed not more than thirty (30) days within a calendar year.

Source:

Authority: SDCL 9-29-1, 9-30-3

S-3-2 BUILDING PERMIT REQUIRED

No sign, other than a temporary sign, billboard or off-premises sign, shall hereafter be erected, re-erected, constructed, altered, or maintained within the zoning jurisdiction of the City of Fort Pierre unless a building permit, as established by Q-11-3, has been issued by the Director of Public Works or his designee for the specific sign and location. No off-premises sign or bill board may be issued a building permit without prior approval of the City Council.

Source:

Authority: SDCL 9-29-1, 9-30-3, 9-33-4

S-3-3 GENERAL SIGN REGULATION

A. Height and location of sign. All signs that are within one hundred (100) feet of a public approach or intersection shall be at least twenty (20) feet away from the street, or the lowest part of the sign shall be seven (7) feet above the grade of the road for traffic visibility considerations. No sign may be located in a manner that obstructs or otherwise interferes with the view of an official traffic sign, signal or device or that may obstruct or interfere with a driver’s view of approaching, merging, or intersecting traffic.

B. Sign illumination. All sign illumination shall be from the interior or from a floodlight projection shielded to ensure that it will not shine directly upon public rights-of-way and neighboring properties.

C. Public right-of-way. No sign shall encroach upon or overhang any public right-of-way. No sign shall be attached to any utility pole, light standard, street sign, or any other public facility.

D. Condition and maintenance. All signs shall be maintained in good condition. Every sign, together with all of its supports, braces, guys, and anchors, shall be kept in good repair and in a safe state of preservation. The display surface of each sign shall be kept neatly painted or covered at all times.

E. Electrification. Electrification of all signs and billboards shall be in compliance with the National Electric Code as adopted by the State of South Dakota and the City of Fort Pierre, and in compliance with the State of South Dakota Electrical Board Wiring Bulletin.

F. Billboards. All billboards shall have a maximum height from adjacent grade of thirty-six (36) feet, a maximum advertising area of three hundred (300) square feet; minimum ground clearance of eight (8) feet; minimum distance from residential zones of two hundred (200) feet measured along the street, a minimum distance from other billboards of three hundred (300) feet, minimum distance from street intersection of one hundred (100) feet as measured from the right-of-way; the maximum number per parcel of property is one (1).

G. On-premises signs. All on-premises signs shall have a minimum ground clearance of seven (7) feet; minimum distance from street intersection of twenty (20) feet as measured from the right-of-way.

H. Off-premises signs. All off-premises signs shall have a maximum height from adjacent grade of fifteen (15) feet, a maximum advertising area of fifty (50) square feet, a minimum ground clearance of seven (7) feet, a minimum distance from residential zones of one hundred (100) feet measured along the street, a minimum distance from a street intersection of twenty (20) feet as measured from the right-of-way; the maximum number per parcel of property is one (1).

Source:

Authority: SDCL 9-29-1, 9-30-3

S-3-4 NONCONFORMING SIGNS

Whenever an existing sign does not conform to the requirements of this section and is structurally altered, enlarged, or replaced, the provisions of this chapter shall apply. Billboards that do not conform to the requirements of this chapter shall be removed, altered, or replaced so as to fully conform to the requirements of this chapter within five (5) years of the effective date of this chapter.

Source:

Authority: SDCL 9-29-1, 9-30-3

S-3-5 SIGN LICENSING REQUIREMENTS

In addition to the building permit required at the time of construction, all off-premises bill boards and off-premise signs shall be licensed annually. Every person, firm, partnership, or corporation owning an off-premises bill board or off-premises sign shall procure a license for each off-premises bill board and off-premises sign from the Director of Public Works or his designee. The annual fee for such license shall be twenty cents ($.20) per square feet of advertising space or a minimum of forty dollars ($40). The permit shall be valid from the day of issuance thereof to December 31 of the same calendar year.

Source:

Authority: SDCL 9-29-1, 9-30-3

S-3-6 EXEMPTIONS

The following signs shall be exempt from licensing provisions of this chapter: On-premises signs, official notices authorized by a court, public body, or public safety official, directional, warning, or information signs authorized by federal, state, or local government; memorial plaques, building identification signs, and building cornerstones when made an integral part of the building or structure, flag of a government or noncommercial institution, religious symbols and non-commercial seasonal decorations appropriate to the holiday season, real estate for sale signs, provided that all such signs shall be located upon the property to which they apply and shall not have a maximum advertising area greater than four (4) square feet, and community event message signs owned by a non-profit, civic organization or a governmental entity.

Source:

Authority: SDCL 9-29-1, 9-30-3