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Custer Overview
Custer, SD Code of Ordinances
CUSTER CITY MUNICIPAL CODE
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REVENUE AND FINANCE
Title 4 (Reserved)
Title 5 BUSINESS LICENSES AND REGULATIONS
Title 6 ANIMALS
Title 7 (Reserved)
Title 8 HEALTH AND SAFETY
Title 9 PUBLIC PEACE, MORALS AND WELFARE
Title 10 VEHICLES AND TRAFFIC
Title 11 (Reserved)
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Title 13 PUBLIC SERVICES
Title 14 (Reserved)
Title 15 BUILDINGS AND CONSTRUCTION
Title 16 SUBDIVISIONS
Title 17 ZONING
STATUTORY REFERENCES FOR SOUTH DAKOTA CITIES AND TOWNS
PRIOR CODE CROSS-REFERENCE TABLE
ORDINANCE LIST AND DISPOSITION TABLE
Chapter 17.38
SIGN REGULATIONS
Sections:
17.38.010   Purpose and intent.
17.38.020   Severability.
17.38.030   Definitions.
17.38.040   General sign requirements and maintenance.
17.38.050   Signs not requiring a permit.
17.38.060   Signs requiring a permit.
17.38.070   Prohibited signs.
17.38.080   Sign alterations, replacement or repair.
17.38.090   Nonconforming signs.
17.38.100   Variances.
17.38.110   Violations.
17.38.010   Purpose and intent.
   A.   Purpose. To promote and protect the public health, safety, and general welfare of the community by regulating the size, placement, design, and maintenance of signs.
   B.   Intent.
      1.   Balance the rights of individuals to convey their message through signs and the right of the public to be protected against the unrestricted proliferation of signs;
      2.   Further the objectives of the City's comprehensive plan;
      3.   Reduce traffic and pedestrian hazards;
      4.   Minimize the potentially adverse effects and visual blight caused by signs;
      5.   Promote economic development.
(Ord. 915 (part), 2024)
17.38.020   Severability.
   If any section of this chapter is found to be unlawful or invalid, the remaining portion of the regulation remains in effect.
(Ord. 915 (part), 2024)
17.38.030   Definitions.
   The following words, terms and phrases are defined and shall be interpreted as such throughout this chapter. Terms not defined shall have the meaning customarily assigned to them.
   "A-Frame Sign" means a sign consisting of two (2) sign faces placed together at an angle to form an "A" shaped structure which tapers from a wide base to a narrow top. "A-frame signs" are sometimes referred to as sandwich board signs.
   "Area Identification Sign" means a sign that identifies a common area containing a group of structures, or a single structure, such as a residential subdivision, apartment complex, industrial park, or shopping center, located at the entrance or entrances of the area.
   "Banner" means a "Temporary Sign" without framing constructed of flexible materials which displays a message, advertisement, or promotional content associated with an event and is intended for short term use.
   "Billboard Sign" means a sign which exceeds the sign size and/or area regulations for the district in which it is placed.
   "Building Marker Sign" means any sign, stone or monument mounted to a structure indicating the name of a building date or incidental information about its construction.
   "Canopy Sign" means a sign that is a part of or attached to any awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance window, or outdoor service area.
   "Changeable Message Sign" means a sign designed to display variable content, allowing for alternation of messages, graphics, or information displayed on the sign surface. Changeable message signs may not change the static message more than once every six (6) seconds, otherwise it shall be considered a full motion sign.
   "City Planner" means the official designated by the City Council to administer the City's sign regulations.
   "Container Sign" means a type of outdoor advertisement that involves placing a large, printed, or painted advertisement or graphics on the side of a container such as but not limited to a dumpster, trash can, shipping container or Conex© box. This does not include "original emblems" on containers.
   "Directional Sign" means a sign used to give directions to or location of a specific service or place giving the name of the service or place, and may include the mileage or distance, route numbers, and exit numbers.
   "Double Faced Sign" means a sign constructed to display its message on the outer surfaces of two identical and opposite planes at an angle of forty-five (45) degrees or less.
   "Electronic Signs" means a type of sign that uses electronic or digital technology to display messages, images, graphics, or animations and relies on a power source to function.
   "Feather Flag" means a type of temporary outdoor advertising commonly used by businesses to attract attention to storefronts. They are typically made of lightweight polyester and are designed to flutter in the wind.
   "Flag" means a piece of fabric or cloth, usually rectangular in shape that is used as a visual symbol to represent a particular country, organization, group, or concept, is not used for advertising purposes, is attached on one side to a flagpole, and is designed to flow in the wind.
   "Full Motion Sign" refers to any sign or display that utilizes electronic or digital technology to present continuously moving images, videos, or animations with smooth transitions. In the context of this chapter, full motion signage encompasses any signage that displays video content or moving images in a manner that simulates motion. This does not include a "Scrolling Message Sign" or a "Changeable Message Sign."
   "Hanging Sidewalk Sign" is a sign that hangs above a public sidewalk.
   "Identification Sign for Housing Development" means a sign placed at the entrance of any Subdivision of more than five (5) lots or at the entrance of any Manufactured Home Community that identifies the name of the Subdivision or Manufactured Home Community.
   "Illuminated Sign" means a sign that incorporates lighting elements.
   "Merchandise" means any tangible goods, wares, commodities, or items that are kept for sale or lease to the public or other businesses and sold on premises at a specific location.
   "Monument Sign" means a fixed, freestanding sign typically positioned at ground level, that is made of solid, substantial materials such as stone, concrete, brick, or metal.
   "Murals" means a painted image or design on a building, which may or may not include words. The definition of "mural" does not encompass architectural elements that are incorporated into a building's structure or facade. Company names, emblems, logos, trademarks of businesses do not meet the definition of "murals" as provided in this chapter.
   "Original Emblem" means an emblem, trademark name, or company logo that is architecturally designed into a shipping container, Conex box, personal storage container, dumpster, rental container, trailer, semi-trailer, or fuel container that was placed during the manufacturing process.
   "Permanent Sign" means signage or a display structure that is intended to be installed for an extended or indefinite period. These signs are typically made of durable materials designed to withstand various weather conditions and environmental factors.
   "Projecting Sign" means a sign that extends outward from a building or structure, typically perpendicular to the facade.
   "Scrolling Message Sign" means an "Electronic Sign" that displays text or numbers only that displays messages, announcements, alerts, or advertisements.
   "Sign" means any identification, description, illustration, or device, illuminated or nonilluminated, which is visible from any public place or is located on private property and exposed to the public, and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise, or any emblem, painting, banner, pennant, placard, or temporary sign designed to advertise, identify, or convey information, with the exception of window displays.
   "Sign Alteration" means any change of sign size, shape, illumination, location, construction, or supporting structure of any sign.
   "Sign Bench" means a sign that is displayed on a structure designed for sitting and displayed out of doors in view of the general public.
   "Signage Area" means the total square footage of all business and outdoor advertising signs on any specific lot, not including exempt signs. The area of a sign shall be determined by the smallest triangle, rectangle or circle that can be used to enclose that which the message is composed of, exclusive of the supporting structure that bears no message. Three dimensional signs shall be treated as dual-faced signs, such that the total area shall be twice the area of the smallest triangle, rectangle, or circle which can totally circumscribe the sign in the plane of its largest dimension.
   "Structural Alteration" means a change to a sign or its supporting structure that affects the foundational or load bearing components of the sign or its supporting structures.
   "Temporary Sign" means a sign that is neither permanently installed in the ground nor permanently affixed to a building or structure that is permanently installed in the ground and is intended to be placed for a limited time of no more than fourteen (14) days or the timeframe specified in Section 17.38.050, whichever is less. The term "temporary sign" includes but is not limited to, A-frame signs, lawn signs, banners, and inflatable signs. The term "Temporary Sign" does not include flags.
   "Visual Clearance Triangle" means a triangle created by connecting two (2) twenty-five (25) foot imaginary lines that run at the centerline of two intersecting roads or streets.
   "Window Sign" means a sign that is applied or attached to or suspended from the interior of a window or located within the interior of a structure so that it's message can be read from the exterior of a structure.
(Ord. 915 (part), 2024)
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