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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)
Permanent signs on private property require a permit in all zone districts, and are subject to the following provisions (unless they are specifically exempted in Section 17.38.050):
A. Signs shall be placed at least five (5) feet from all property lines and right-of-way lines, unless placed on a structure that does not meet these setbacks.
B. Signs may overhang onto bordering property with the permission of all property owners as stated in Section 17.38.040, but the base shall be at least five (5) feet from all property lines and right-of-way lines, unless the base is on an existing structure that does not meet these setbacks.
C. Signs, such as "Hanging Sidewalk Signs" or "Projecting Signs" (not including "Wall Signs") shall have an eight (8) foot clearance above the sidewalk and shall not extend beyond the outer edge of the sidewalk.
D. Signs require a permit and are subject to the permitting requirements of the zone district in which the sign is placed.
E. Sign permit fees and building permit fees are set by the fee schedule.
F. Signs that exceed one hundred (100) square feet require both a sign permit and a building permit.
G. Signs that are considered "Monument Signs" as defined in Section 17.38.030 require both a sign permit and a building permit.
H. Signs that are mounted to a structure's roof require both a sign permit and a building permit and require engineered plans to demonstrate that wind and snow loads are met.
I. Lit and Electronic Signs require both a sign permit and building permit and are subject to the following requirements:
1. In Zone Districts where illuminated or electronic signs are permitted:
a. No revolving or rotating beams of light simulating an official emergency device are permitted. Signs with flashing lights of any color are not permitted, except for Scrolling Message Signs.
b. External lighting, such as floodlights, thin line and gooseneck reflectors is permitted, if it is shielded so as to prevent the direction of rays of light to any part of the main traveled way.
c. No lighting is permitted which is of such brilliance or intensity so as to establish glare or reflection which would interfere with the effectiveness of any official traffic control device or official sign or interfere with the motorist's view of traffic conditions.
d. Scrolling Message Signs shall not exceed thirty (30) square feet in any zone district and must comply with specific zone district requirements.
e. Any sign that is internally illuminated, or which displays electronic variable messages through light emitting diodes, liquid crystal display, plasma image display, or any other light emitting mechanism must be equipped with automatic dimming technology that automatically adjusts the display's brightness based upon ambient light conditions. The brightness level for signs shall not exceed a brightness level of 0.3-foot candles above ambient light as measured using a foot candle (Lux) meter at standard preset distances.
f. Electrical Signs and outline lighting shall be marked with the manufacturer's name, voltage input, and current rating. The marking required by this section and the label of a recognized testing lab shall be located in a visible location and readable from both grade and the sign's electrical disconnect.
g. All metal parts of Electrical Signs and outline lighting shall be grounded in accordance with the National Electrical Code.
h. Each Electrical Sign or outline lighting system shall have an externally operable disconnect means located within sight of the sign or outline lighting transformer.
2. Projecting Signs may extend up to a maximum of seven (7) feet beyond the front of the building, provided that any portion of the projecting sign, or any appurtenance thereto, may not be closer than three (3) feet to the face of the street curb as measured vertically from the adjacent grade and shall be at least eight (8) feet above the adjacent grade to the lowest part of the sign.
J. Residential Zone District Regulations:
1. Signs shall not exceed ten (10) square feet inclusive, except for Identification Signs for Housing Development as outlined in Section 17.38.050K.
2. One (1) sign is allowed per parcel.
3. Lit Signs and Electronic Signs are not allowed in the Residential zone district, unless it is Identification Signs for Housing Development, in which case the sign may be lit.
4. Monument Signs are not allowed in the Residential zone district unless it is an Identification Sign for Housing Development.
5. Signs shall not exceed six (6) feet in height, except for Identification Signs for Housing Development as outlined in Section 17.38.050K.
K. Medical, Highway Commercial and Industrial Zone District Regulations:
1. Wall mounted Signs shall not exceed four hundred (400) square feet.
2. Other types of signs shall not exceed four hundred (400) square feet inclusive (total sign area) per sign. In the instance of Double-Faced Signs, the total sign area is the combined square footage of both sides.
3. Sign area allotment is three (3) square feet for every one (1) foot of lineal road frontage of the parcel, except that no sign allotment shall be less than seventy-five (75) square feet of sign space.
a. Signs shall be placed on the road frontage in which the square footage is calculated.
b. Where a parcel of land has reduced street frontage because it is located or partially located behind another parcel that abuts the street, the sign allotment shall be calculated from the width of the rear parcel for the length that is parallels the street it is accessed from.
4. Signs shall not exceed twenty-five (25) feet in height.
L. Central Business Zone District Regulations:
1. Wall mounted Signs shall not exceed one hundred (100) square feet and shall not project more than six inches from the store front.
2. All other signs shall not exceed one hundred (100) square feet of sign area. In the instance of Double-Faced Signs, the total sign area is the combined square footage of both sides.
3. Sign allotment shall be limited to two (2) square feet of sign area per one (1) foot of lineal road frontage, except that no sign allotment shall be less than fifty (50) square feet per parcel.
4. Signs shall not exceed twenty-five (25) feet in height.
5. Signs shall conform to the provisions of the Maintenance and Encroachment Agreement between the State of South Dakota and the City of Custer where applicable.
M. Park Zone District Regulations.
1. Signs, unless installed by a governmental agency, are not allowed in the Park Zone District.
(Ord. 915 (part), 2024)
All signs, permitted or unpermitted, temporary, or permanent, are subject to the provisions of this section and are not allowed:
A. Full Motion Signs as defined in Section 17.38.030.
B. Signs mimicking Traffic Signal Signs and Governmental Signs.
C. Signs with obscene material as defined in SDCL 22-24-27(11).
D. Unshielded or excessively bright Lit or Illuminated Signs that exceed the standards set forth in subsection 17.38.060.I.
E. Signs placed in a location which creates a traffic or pedestrian hazard.
F. Billboard Signs.
G. Merchandise intended to be used as permanent signage. This does not include temporarily displayed merchandise that complies with Custer Municipal Code Section 12.04.040E.
H. Signs in the Floodway, except for approved Governmental Signs.
I. Signs that are not explicitly allowed by this chapter are subject to review and approval of the Planning Office and/or City Council.
(Ord. 915 (part), 2024)
Sign alterations, replacements, and repairs are subject to the following requirements:
A. Normal maintenance and repair of a sign does not require a permit.
B. Replacement of a permitted sign or a change of Sign Copy for a permitted sign of the exact size and location of the previously existing sign requires a sign change permit. This does not include structural alterations of a sign or sign structure. The fee for a sign change permit is set by the Custer City fee schedule.
C. Any alteration to the size, shape, or location of a sign requires a sign permit subject to the provisions in this chapter.
(Ord. 915 (part), 2024)
Any sign that was legally constructed prior to the adoption of this Chapter, and does not comply with the regulations specified in this Chapter, is a legal non-conforming sign. A legal non-conforming sign which is moved, relocated, structurally altered, or damaged by more than fifty (50) percent of the sign's value at the time the damage occurs, must be brought into full compliance with all requirements of the Custer Municipal Code. Any legal nonconforming sign which is structurally altered and is not brought into compliance with all requirements of the Custer Municipal code shall be deemed unlawful by the City Planner and shall be subject to the violation procedure as outlined in Section 17.38.110.
(Ord. 915 (part), 2024)
The variance process for this Chapter shall follow Custer Municipal Code 17.48.
(Ord. 915 (part), 2024)
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