A. Purpose: The purpose of this chapter is to promote the general safety and welfare of the city of Mitchell and its area of extraterritorial jurisdiction, in regards to the appropriate installation, placement and regulation of signs. The objectives of this chapter are:
1. To regulate signs which facilitate orientation, identify activities, advertise or promote the interests of any person, product, services, express local history and character, or serve educational purposes;
2. To encourage the readability of signs;
3. To control the number, size, location, installation, and conditions of signs;
4. To regulate signs to prevent the obstruction of vision or interference with pedestrian and vehicular traffic;
5. To maintain and enhance the overall aesthetics of the community and ensure fair and consistent enforcement of this chapter.
B. Jurisdiction:
1. No sign may be erected, placed, established, created or maintained in the city of Mitchell's zoning jurisdiction unless it is in conformity with the standards, procedures, exceptions and other requirements of this chapter. These regulations apply to all the zoning districts of the city of Mitchell and its area of extraterritorial jurisdiction that has been mutually agreed upon by the city of Mitchell council and the Davison County board of commissioners, which is depicted on the official zoning maps of the city of Mitchell and Davison County and as such limits now exist or as they may be changed.
2. All signs placed in or adjacent to any state controlled right of way are subject to the requirements of the South Dakota department of transportation and may require a permit from the state, as well as from the city of Mitchell. Davison County and township governments may install or require signs within the city's extraterritorial jurisdiction, but outside the corporate limits, as they may determine to be necessary.
C. Conflict: All provisions of the laws and ordinances of the city of Mitchell and state of South Dakota shall be complied with, whether specified herein or not. In the event that portions of this chapter conflict with other portions, or portions of this chapter conflict with other ordinances, statutes, regulations, or laws of any governmental body and recorded covenants or deed restrictions; the more restrictive requirement shall apply. In addition, compliance with this chapter does not presume to give authority to violate, cancel or set aside any of the provisions of the building code, this code, state statutes or federal laws regulating the construction or development or the performance of construction or development in the city's jurisdiction.
D. Separability: Should any article, section, or provisions of this chapter be declared by the courts to be unconstitutional or invalid, such declaration shall not affect the validity of this chapter as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid. (Ord. 2422, 1-21-2013)