17.38.050   Signs not requiring permit.
   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)