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.
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)
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)
All signs shall meet the following requirements:
A. All signs permitted by this chapter must comply with applicable state and federal regulations.
B. Signs shall not overhang into or be placed in any dedicated public right-of-way except as allowed by that governmental entity having jurisdiction over that right-of-way. The City of Custer allows signs in the public ROW subject to the provisions in Section 17.38.050B. and C.
C. Signs shall not overhang or extend over any adjacent property, without documented written approval from the respective property owner.
D. No sign shall obstruct the visual clearance triangle at road or street intersections, as defined in Section 17.38.030.
E. All signs and sign structures shall be maintained in good repair to prevent deterioration, damage, decay, and/or abandonment.
F. All sign structures shall display a message. Failure to display a message for thirty (30) consecutive days shall result in corrective action subject to 17.38.110.
G. All signs shall meet the provisions of the Maintenance and Encroachment agreement between the South Dakota Department of Transportation and the City of Custer City if applicable.
H. All signs visible from South Dakota Department of Transportation regulated highways shall be subject to both the City of Custer and South Dakota Department of Transportation sign requirements.
I. In determining the square footage of signage, the smallest square, triangle, circle, or rectangle around a regularly or irregularly shaped sign shall be used to calculate the sign square footage, exclusive of the supporting elements. In the event each letter, number, or symbol of a phrase is a distinct piece, each letter will be calculated separately (for example metal letter cutouts or Marquee letters).
J. Campaign signs, during a relevant local, state, or federal election timeframe only, are exempt from the requirements of this Chapter and are subject to South Dakota Codified Law.
(Ord. 915 (part), 2024)
The following subsections A. through L. do not require a permit:
A. Temporary Signs on Private Property. Temporary Signs on private property, meeting the definition of "Temporary Sign" in section 17.38.030, do not require a sign permit from the City of Custer. Such signs shall not count against the maximum sign allotment specified in Section 17.38.060 and are exempt from other restrictions in this chapter, except for the Prohibited Sign Section 17.38.070 and General Sign Requirement and Maintenance Section 17.38.040.
1. Temporary Signs shall be placed by the property owner, or with explicit permission from the property owner.
2. Temporary Signs shall be placed at least five (5) feet from all property lines and right-of-way lines, unless placed on a permitted building that does not meet this setback.
3. Temporary Signs shall conform with the following size requirements:
a. Temporary Signs of ten (10) square feet or less are allowed in all zone districts.
b. Temporary Signs of less than twenty (20) square feet are allowed in the Central Business, Medical, Highway Commercial, and Industrial zone districts.
c. Temporary Signs up to thirty (30) square feet are allowed in the Highway Commercial, Medical, and Industrial zone districts.
d. Note: Temporary Signs over thirty (30) square feet are subject to permitted sign regulations in Section 17.38.060.
4. Temporary Signs on private property are subject to a fourteen (14) day time limit and shall be removed for a minimum of seven days in between display periods. "Signs" as defined by Section 17.38.030 that are placed beyond the fourteen (14) day time limit are to be considered "permanent signs" as defined by Section 17.38.030.
5. Temporary Signs shall have the date of posting clearly visible on the sign.
6. Temporary Signs shall not be permanently installed.
7. Temporary Signs shall be easily removable.
8. Temporary Signs shall be sufficiently anchored or placed to not create a safety hazard.
9. Temporary Signs shall be limited to two (2) per property at any one time.
B. Temporary Event Signs on Public Property. Temporary Signs may be erected along roads and sidewalks subject to the following provisions and all other sections of this chapter:
1. Signs shall be associated with an event.
2. Signs may not obstruct vehicular or pedestrian traffic.
3. Signs shall be placed up to seven (7) days before and up to three (3) days after an event.
4. Signs shall be under four (4) square feet.
5. Signs up to twenty (20) square feet are allowed with regional or community events with the approval of the City Planner.
C. Temporary Construction Signs. Temporary Construction Signs that are placed for directional purposes during the duration of a road construction project, are allowed subject to the following conditions:
1. A business's access, frontage, or current signage must be impacted by a construction project to place a temporary construction sign.
2. If temporary construction signs are to be placed on public right of way or public property, approval shall be required by the City Council.
3. A temporary construction sign shall not exceed the maximum square footage allowed for permitted signs in the zone district in which the sign is placed.
4. No more than two (2) temporary construction signs may be placed per business.
5. Temporary construction signs require the explicit approval of the property owner on which the sign is placed.
6. Temporary signs on private property shall be placed at least five (5) feet from property lines.
7. Signs shall be removed within seven (7) days of the end of the construction project.
D. Sign Benches.
1. Sign benches are allowed in the Central Business, Medical, Highway Commercial and Industrial Zone Districts without a permit provided the placement of such bench complies with the Maintenance and Encroachment Agreement between the South Dakota Department of Transportation and the City of Custer.
E. A-Frame Signs.
1. One (1) A-Frame Sign not exceeding two (2) feet by three (3) feet may be placed per business in all zone districts. A-Frame Signs shall only be displayed during the business' operating hours. A-Frame Signs in the Central Business District are subject to the provisions of 12.04.040E. which outlines Merchant Use of Sidewalks in the Central Business District.
F. Murals.
1. Murals may include graphics, designs or texts and shall comply with the Prohibited Sign Section 17.38.070.
2. Murals shall be allowed on any building in the Highway Commercial, Central Business, Industrial, Medical, or Park zone district with permission from the building and/or property owner.
3. Murals shall not include explicit advertisement (company names, emblems, logos, trademarks) of any business.
G. Banners.
1. Banners not exceeding thirty (30) square feet that are associated with a regional or community event, shall be placed no earlier than seven (7) days before and up to three (3) days after an event with permission from City Planner.
H. Feather Flags.
1. One (1) feather flag per business is allowed in Central Business, Highway Commercial, Medical, or Industrial and shall be located on private property, or shall meet the provisions of the Maintenance and Encroachment agreement between the South Dakota Department of Transportation and the City of Custer City if applicable.
I. Flags.
1. Flags less than or equal to fifteen (15) square feet and less than or equal to twenty-five (25) feet in height are allowed in all zone districts.
2. Flags within the area outlined in the Maintenance and Encroachment agreement between the State of South Dakota and the City of Custer City shall be at least eight (8) feet above curb elevation.
3. Flags greater than fifteen (15) square feet and twenty-five (25) feet in height are allowed in the Medical, Highway Commercial, and Industrial Zone Districts.
J. Window Signs.
1. Any window signs that are mounted to the interior portion of a window are allowed in all zone districts.
K. Identification Sign for Housing Development.
1. One sign up to one hundred (100) square feet is allowed per entrance in any subdivision over five (5) lots or any Manufactured Housing Community to identify the Subdivision or Manufactured Housing Community without a permit. These signs must be on private property. These signs are not subject to the Residential zone district regulations listed in 17.38.060.
L. Governmental Signs.
1. Permanent and temporary signs placed by a Federal, State, or Local government are exempt from permitting requirements if they do not pose a safety hazard.
SIGNS NOT REQUIRING PERMIT, SUMMARY
Figure 1: The following chart is a summation of the previous section - signs allowed without a permit. "Yes" means the type of display/sign is allowed without a permit in that zone district. "No" means the type of display /sign is either not allowed in the zone district or requires a permit. Please refer to the ordinance directly for specific regulations.
(Ord. 915 (part), 2024)
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