(A) Permit. A permit shall be secured for the establishment, major alteration, or moving of any sign two (2) square feet or more in area, except for temporary signs.
(B) Required Sign. Each principal building shall have posted on the front exterior the proper street address, with numerals a minimum of three (3) inches in height.
(C) Prohibited Signs. The following signs are prohibited within the B-5 District.:
(1) Signs which imitate an official sign or signal or which contain the words stop, go slow, caution, danger, warning, or similar words or characters which might mislead or confuse the driver of a vehicle.
(2) Signs which are of a size, location, movement, content, coloring, or manner of illumination which may be confused with or construed to be a traffic control device or which hide from view any traffic or street sign or signal or which obstruct the view in any direction at a street or road intersection.
(3) All parts of signs which advertise an activity, business, product, or service no longer produced or conducted on the premises upon which the sign is located; except where a succeeding owner or lessee agrees to maintain the signs as provided in this ordinance.
(4) Signs which are pasted or attached to utility poles, trees, fences, or other signs.
(5) Signs which swing or otherwise noticeably move as a result of wind pressure because of the manner of suspension or attachment, except for flags, banners and pennants.
(6) Signs which display intermittent or flashing illumination.
(7) Signs which extend above the roof of any building.
(8) Prohibited Signs on Rights-of-way. Political signs, mobile signs, temporary signs, banners or pennants located in the public rights-of-way or private easements of streets, roads and/or Interstate (I-95) within the corporate limits of Dillon are prohibited unless approval to erect or construct such signs has been permitted by the South Carolina Department of Transportation and/or City of Dillon.
(9) Violation.
(a) Any person violating any provision of § 5-4-103-2(C)(8) by erecting, constructing or maintaining political signs, mobile signs, temporary signs, banners or pennants in the public rights-of-way or private easements of streets, roads and/or Interstate (I-95) within the corporate limits of Dillon without obtaining approval from the South Carolina Department of Transportation and/or City of Dillon shall be deemed guilty of an offense and shall be subject to a fine of up to two hundred dollars ($200) or imprisonment for not more than thirty (30) days upon conviction. Each day of violation shall be considered a separate offense. Punishment for violation shall be considered a separate offense.
(b) In addition to the fine hereinabove provided, the city may remove the prohibited signs, banners or pennants from the public rights-of-way or private easements of streets and roads within the city limits. Removal of prohibited signs, banners or pennants by the city shall not relieve the offender from being subject to a misdemeanor for violation of this ordinance.
(D) Illumination. Signs illuminated by direct lighting shall have such lighting shielded so that no direct light will shine on abutting properties or in the normal line of vision of the public using the streets or sidewalks.
(E) Maintenance. The person, firm, or corporation owning or using the sign shall be responsible for maintaining the sign in a structurally sound condition and for keeping the area surrounding the base of the sign clear of trash and debris.
(F) Removal of Signs. The removal of any sign erected or maintained in violation of this ordinance or any sign which has been abandoned, destroyed, vandalized or deteriorated and is no longer correctly direct or exhort any person, advertises a bona fide business, lessor, owner, product, or activity conducted or product available to include signs which have fallen into disrepair (dilapidated), not properly maintained, insecure or otherwise structurally unsound, have defective parts in the support, guys and/or anchors or which are unable to meet minimum safety requirements of the latest adopted City Building Codes and/or Electrical Code shall be ordered by the Code Enforcement Director. Ten (10) days notice in writing shall be given to the owner of such sign, or of the building or premises on which such sign is located, to remove the sign or bring it into compliance with this ordinance. Upon failure to remove the sign, the City of Dillon may remove the sign any costs of removal incurred by the city may be collected in a manner prescribed by law.
(G) Nonconforming Signs. Nonconforming signs must be maintained subject to the following restrictions and provisions of law and of these rules relating to outdoor advertising:
(1) No maintenance may occur which will lengthen the life of the device.
(2) There must be existing property rights in the sign.
(3) The right to continue a nonconforming sign is confined to the permitted sign owner or his transferee.
(4) In the event a nonconforming device is partially destroyed by wind or other natural forces including tornadoes, hurricanes, or other catastrophic occurrences, The South Carolina Department of Transportation must determine whether to allow the sign to be rebuilt.
(5) A nonconforming sign which is destroyed cannot be rebuilt, and the debris from the destroyed sign shall be removed by the sign owner, or by the South Carolina Department of Transportation
(6) A nonconforming sign when relocated or removed shall no longer be considered a nonconforming sign and thereafter shall be subject to all the provisions of law and of these rules relating to outdoor advertising.
(7) The sign must remain substantially the same as it was on the effective date of the state law or regulations and local city ordinance which rendered the sign nonconforming. Extension, enlargement, replacement, rebuilding, changing the materials of the sign structure's support, adding lights to an unilluminated sign, changing the height of the sign above ground or re-erection of the sign will make the sign illegal. The maintenance will be limited to:
(a) Replacement of nuts and bolts;
(b) Additional nailing, riveting or welding;
(c) Cleaning and painting;
(d) Manipulation to level or plumb the device, but not to the extent of adding guys or struts for stabilization of the sign or structure;
(e) A change of the advertising message, including changing faces, as long as similar materials are used and the sign face is not enlarged. If the sign face or faces are reduced, they may not thereafter ever be increased.
(8) The City of Dillon Code Enforcement Department and the South Carolina Department of Transportation must be notified in writing of any maintenance to a nonconforming sign prior to the work being performed.
(9) Any nonconforming sign suffering damage in excess of normal rear wear cannot be repaired without:
(a) Notifying the City of Dillon Code Enforcement Department and the South Carolina Department of Transportation in writing of the extent of the damage, the reason the damage is in excess of normal wear and providing clear, color, on site photographs of the damaged sign and all salvageable parts thereof, and a description of the repair work to be undertaken including the estimated cost of repair; and
(b) Receiving written notice from the South Carolina Department of Transportation authorizing the repair work of advertising signs as described above and obtaining a City of Dillon sign permit prior to the work being performed.
(c) If said work authorization is granted, it shall be mailed to the applicant by the South Carolina Department of Transportation within 30 days of receipt of the information described in (a) above. Any such sign which is repaired without a City of Dillon sign permit and South Carolina Department of Transportation authorization becomes illegal.
(H) Temporary Signs. All temporary signs shall be removed within two (2) weeks following completion of the event or project for which the sign was displayed, the sale of property for which the sign was posted, or the election for which political signs were erected. Mobile signs may be permitted for a temporary fixed period of time, not to exceed ninety (90) days only on the property in which the event is taken place and must not be located on SCDOT Right-of-way.
(I) Signs Permitted in the B-5 District.
(1) Applicable signs permitted in residential districts.
(2) Business signs mounted flat against the front surface of the building wall and not projecting above the roof of the building. The total area of all signs identifying each establishment shall not exceed fifteen percent (15%) of the front surface of the building facing either a public pedestrian or vehicular way or a parking lot.
(3) Business signs mounted flat against the rear and/or side surface of the building wall and not projecting above the roof of the building. The total area of all signs identifying each establishment shall not exceed ten percent (10%) of the rear and side surface of the building facing either a public pedestrian or vehicular way or a parking lot.
(4) (a) On premises business signs and free standing signs. Any sign, pictorial or otherwise, regardless of size or shape, which directs attention to a business, commodity, attraction, profession, service or entertainment conducted, sold, offered, manufactured, existing or provided on the premises where the sign is located or to which it is affixed. Such signs are sometimes called "on premises signs" or "point-of-sale signs."
(b) On premises business signs and free standing signs shall be permitted for each business within three hundred (300) feet contiguous to Interstate Highway 95 (I-95) providing that:
1. Such signs shall be limited to one (1) per fifty (50) feet of lot frontage along a major street or highway.
2. All portions of the signs maintain at least a ten (10) feet setback from any property line.
3. No directional signs shall not exceed two (2) square feet if traffic flow requires a separate exit or entrance sign.
4. No free standing sign shall extend over any structure or adjoining property line.
5. No free standing sign exceeds six-hundred seventy-two (672) square feet in total area.
6. No free standing sign be higher than forty (40) feet nor lower than ten (10) feet above the finished grade of the adjacent street or pavement.
7. Maximum display area.
The maximum display area for any on premises sign located within three hundred (300) feet of the right-of-way of Interstate 95 (I-95) shall not exceed a maximum of six hundred seventy-two (672) square feet. Cutouts and extensions can be used in addition to this amount but may not increase the size by more than one-hundred fifty (150) square feet. A copy extension is the part of the copy which extends beyond the edge or border of the sign, sometimes called a "cut-out" or "drop-out."
a. No sign facing shall exceed a length of sixty (60) feet.
b. No sign facing shall exceed a height of forty-eight (48) feet.
c. Back to Back or V-type signs shall be considered as one (1) sign.
d. No stacked (double deck) sign faces or side by side sign faces shall be allowed.
e. Signs permitted after the effective date of this ordinance shall be designed and constructed with single steel pole structural support designed to meet the wind load requirements of the latest adopted City Building Codes and must be constructed in accordance with all applicable provisions of the latest adopted Building and National Electrical Codes.
f. Illustrations for computing sign dimensions are contained in the illustrations 1 and 2 of this ordinance.
(5) Advertising Signs. Any sign, pictorial or otherwise, regardless of size or shape, which directs attention to a business, commodity, attraction, profession, service or entertainment conducted, sold, offered, manufactured, existing, or provided at a location other than on the premises where the sign is located or to which it is affixed. Such signs are sometimes called "off-premise signs," "non-point-of-sale signs," and include, but are not limited to those signs commonly referred to as outdoor advertising signs, billboards, or poster boards.
(a) Location.
Advertising signs are allowed to locate on interstate highways, expressways, and frontage roads where their right-of-way is contiguous to an interstate highway or expressway; however, these signs, within the city limits be located within three hundred (300) feet of the right-of-way of I-95 (Interstate 95) and shall be permitted subject to the following provisions:
1. Advertising signs shall only be permitted within the (B-5) Interstate Highway Commercial District inside the city limits of Dillon. After the effective date of this section no city permits shall be issued to construct an advertising sign within any of the following remaining zoning districts B-1, B-2, B-3, b-4, I-1, I-2, R-12, R-7, R-5, RU or MH District inside the city limits of Dillon.
2. No advertising signs shall be permitted within a one hundred (100) feet radius of any residential zoning district or existing residence.
(b) Maximum display area.
The maximum display area for any advertising sign located along an interstate shall be six hundred and seventy-two (672) square feet plus a ten percent (10%) allowance for copy extensions. A copy extension is the part of the copy which extends beyond the edge or border of the sign, sometimes called a "cut-out" or "drop-out." An advertising sign shall be considered to be located along an interstate if it is oriented towards the interstate and is located within three hundred (300) feet of the right-of-way of the interstate.
1. No sign facing shall exceed a length of sixty (60) feet.
2. No sign facing shall exceed a height of forty-eight(48) feet.
3. Back to Back or V-type signs shall be considered as one (1) sign.
4. No stacked (double deck) sign faces or side by side sign faces shall be allowed.
5. Signs permitted after the effective date of this ordinance shall be designed and constructed with single steel pole structural support designed to meet the wind load requirements of the latest adopted City Building Codes and must be constructed in accordance with all applicable provisions of the latest adopted Building and National Electrical Codes.
6. a. Illustrations for computing sign dimensions are contained in the illustrations 1 and 2 of this ordinance.
b. The display area of advertising signs on any other highway shall be three hundred and seventy eight (378) square feet plus ten percent (10%) allowance for copy extensions within the (B-5) Interstate Highway Commercial District.
(c) Minimum spacing.
No advertising sign located along an interstate shall be erected less than five hundred (500) feet apart of another sign on the same side of the roadway and no sign shall be located in front of another sign on the opposite side of the roadway.
(d) Maximum height.
Advertising signs along interstates shall be permitted to a height of one hundred (100) feet above the elevation of the interstate. The maximum height of advertising signs along other roadways shall not exceed forty (40) feet above the elevation of the roadway.
1. Dillon County Land Use and Height Restriction Ordinance Around Airports. The person or applicant shall notify and obtain a letter from the Dillon County Administrator which shall state in writing that the proposed sign is in compliance with the Dillon County Land Use and Height Restriction Ordinance Around Airports prior to the issuance of a city permit to construct.
2. Federal Aviation. The maximum height requirements for construction and alteration of signs as contained in this ordinance are supplemented by the requirements of the Federal Aviation Administration which regulates structures near airports.
a. A determination of no hazard to air navigation may be required from the Federal Aviation Administration and may contain some restrictions which are in addition to the requirements of this ordinance.
b. The applicant or person responsible for construction or alternation of Advertising signs near airports shall notify and obtain approval from the Federal Aviation Administration prior to construction in accordance with the following:
I. Any construction or alternation of more than two hundred (200) feet in height above the ground level at its site.
ii. Any construction or alternation of greater height than an imaginary surface extending outward and upward at one (1) of the following slopes:
A. One hundred (100) to one (1) for a horizontal distance of twenty thousand (20,000) feet from the nearest point of the nearest runway of any airport that is available or being constructed for public use and is subject to approval by the FAA with at least one (1) runway more than three thousand two hundred (3,200) feet in actual length, excluding heliports.
B. Fifty (50) to one (1) for a horizontal distance of ten thousand (10,000) feet from the nearest point of the runway of any airport that is available or being constructed for public use and is subject to approval by the FAA with at least one (1) runway more than three thousand two hundred (3,200) feet in actual length, excluding heliports.
3. Each person who is required to notify the Federal Aviation Administration shall send one executed form set of FAA Form (Notice of Proposed Construction or Alteration) to the Manager, Air Traffic Division, FAA Regional Office having jurisdiction over the area within which the construction or alteration will be located. Copies of FAA Forms may be obtained from the headquarters of the Federal Aviation Administration and the regional offices at (404)305-5587, (404)305-5002 or (404)305-5614.
(e) Minimum Height.
There is no minimum height requirement for advertising signs located along the interstate. The minimum height of the display surface of other advertising signs shall be twelve (12) feet.
(f) Minimum Setback.
No part of any advertising sign shall be permitted within ten (10) feet of any property line.
(g) South Carolina Code of Laws.
1. The sign regulations contained in this ordinance are supplemented by the requirements of the State of South Carolina Department of Transportation which regulates off-premise advertising signs on interstate and federal aid road systems.
2. A permit and/or approval from the State of South Carolina Department of Transportation may contain some restrictions which are in addition to the requirements of this ordinance. Issuance of a City of Dillon Permit does not imply approval of, or constitute a privilege to violate, any other applicable state or local ordinances, codes, laws, or private restrictive covenants.
(h) Conflict with Other Laws, Ordinances, or Regulations.
Whenever the requirements made under authority of these regulations concerning "On premises signs" and "Advertising signs" impose more stringent standards than are required in any statue or local ordinance or regulation, provisions of the regulations shall govern. Whenever the provisions of any other statute or local ordinance or regulation impose the more stringent standards than are required by these regulations, the provisions of such statute or local ordinance or regulation shall apply.
(i) Variances Prohibited.
A variance from any of the provisions relating to advertising signs within § 5-4-103-2(5) of the city code of ordinances is hereby prohibited.
(6) Business signs, for shopping centers, in accordance with standards set forward in the City of Dillon Land Development Regulations.
(7) Business signs suspended under canopies, providing that such signs shall:
(a) Be limited to one (1) per building entrance.
(b) Be a minimum of nine (9) feet above the sidewalk surface.
(c) Not to exceed three (3) square feet in total area.
(8) One (1) unlighted temporary real estate sign on a property offered for sale or rent, not exceeding eight (8) square feet.
(9) Temporary signs of contractors, architects, engineers, and artisans during construction, providing such signs are located on the premises and shall be removed promptly after completion of the work.
(10) Temporary signs pertaining to special events or political campaigns, provided they are located on the premises and do not exceed two (2) square feet.
(11) Signs incident to legal process and necessary for public safety and welfare.
(12) One (1) identification sign, which may be illuminated, not exceeding six (6) square feet, for a club, civic or fraternal, group home, lodge, public recreation area, or social organization may be located in the public rights-of-way or private easements of streets and roads within the corporate limits of Dillon with approval from the South Carolina Department of Transportation and/or City of Dillon.
(13) One (1) identification sign, which may be illuminated, for a school or church or other house of worship, not exceeding twelve (12) square feet may be located in the public rights-of-way or private easements of streets and roads within the corporate limits of Dillon with approval from the South Carolina Department of Transportation and/or City of Dillon.
(Ord. 04-02, passed 3-8-2004; Am. Ord. 06-12, passed 6-12-2006; Am. Ord. 07-05, passed 4-9-2007; Am. Ord. 07-18, passed 9-10-2007; Am. Ord. 10-12, passed 11-8-2010)