ABANDONED SIGN: A sign or sign structure that is blank, obliterated, or displays obsolete advertising material for a period in excess of six (6) continuous months.
AERIAL SIGN: A balloon or other airborne flotation device which is tethered to the ground or to a building or other structure that directs attention to a business, community service, or entertainment where products or services are provided or sold.
ALTERATION (STRUCTURAL): When any owner or authorized agent intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical, or plumbing system, the installation of which may be regulated by code, ordinance or state statute, or to cause such work to be done. All alterations may require an application to the building official for required permits.
AMBIENT LIGHT: The light surrounding an environment or subject, also called available light or existing light.
ANIMATED SIGN: A sign that uses movement, electronic messaging, or the change of lighting either natural or artificial, that depicts action or creates a special effect of scenes.
APPROPRIATE PERIOD DETAILING: A design detailing commensurate to any established construction period. Details vary for specific, commonly recognized building styles. When these details are removed, there may be a significant negative impact to the property.
ARTWORK: An artistic production, including, but not limited to, sculptures, paintings, photographs, or other similar structures.
BANNER: Any sign of lightweight fabric or similar material that is attached to a structure or building with cables, ropes, tie downs, or other fasteners. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.
BEACON: A stationary revolving light which flashes or projects single color or multicolored illumination, in any manner which is intended to attract or divert attention. However, this term is not intended to include any kind of lighting device which is required or necessary under the safety regulations described by the federal aviation administration or similar agencies.
BILLBOARD: A large outdoor advertising sign or sign space suitable for leasing to others for consideration. This sign shall be considered an off premises sign, which may include, but not limited to, the following structure types:
A. Back To Back: A structure with two (2) or more parallel sign faces oriented in opposite directions.
B. V-Type: A structure or structures with two (2) sign faces, forming the shape of the letter "V" when viewed from above, with an angle between two (2) faces of not more than thirty degrees (30°).
BULLETIN BOARD (KIOSK): Any sign or structure erected by a charitable, educational, civic, or religious institution, attractions or a public body, which is installed, for purposes of announcing events or serves as a community directory to various points of interests. Includes required signs located on construction sites.
CANOPY SIGN: A sign that is a part of or attached to an awning, canopy or similar structure that provides a protective cover over a door, entrance, window, or sidewalk.
CIVIC EVENT: Any event sponsored by a public agency, educational institution, religious institution, civic-fraternal organization, or similar nonprofit or not for profit organization.
CLEARANCE (OF A SIGN): The smallest vertical distance between the grade of the adjacent street, highway, or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.
COMMEMORATIVE SIGN: A sign, tablet, or plaque commemorating or memorializing a person, event, structure, or historic or significant site.
COMMERCIAL MESSAGE: Any sign, wording, logo or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, sale, or sales event or other commercial activity.
CONDITIONAL USE: As defined by South Dakota Codified Laws title 11 and title 10, "Zoning Regulations", of this code.
CONDITIONAL USE PERMIT: A permit issued by the city's authority stating that a conditional use complies with all conditions and standards set forth in title 10 of this code and/or authorized by the city.
CONSTRUCTION SIGN: A temporary sign identifying a building or construction site including, but not limited to, contractors, architects, engineers, financing institutions, or suppliers; including a bulletin board containing required information or announcements.
COPY, SIGN: Any graphic, word, numeral, symbol, insignia, text, sample, model, device or combination thereof which is primarily intended to advertise, identify, or notify a message for the public's view.
DEVELOPMENT IDENTIFICATION SIGN: A sign in which the copy identifies a shopping center, commercial or industrial park, or other development that may include other uses including, but not limited to, residential, commercial, public, industrial or educational uses.
DIGITAL SIGN: A sign capable of displaying multiple static images controlled by electronic communications either by automation or remotely controlled.
DILAPIDATED SIGN: A sign where elements of the display area or panel are visibly cracked, broken, or discolored, where the support structure or frame members are visibly corroded, bent, broken, torn, or dented, or where the message can no longer be read under normal viewing conditions. Such sign may be deemed unlawful or a public nuisance.
DIRECTIONAL SIGN (OFF PREMISES): A sign not located upon the premises of the commercial or public activity to which it refers that directs the movement or placement of pedestrian or vehicular traffic. An off premises directional sign may contain only a business or entity name or logo and directional information.
DIRECTIONAL SIGN (ON PREMISES): A sign located upon the premises of the commercial or public activity to which it refers that directs the movement or placement of pedestrian or vehicular traffic. An on premises directional sign may contain only a business or entity name or logo and directional information.
ELECTRICAL SIGN: A sign that uses electricity as a source of power for illumination, functionality, or displaying of messages.
ELECTRONIC MESSAGE CENTER SIGN: A sign capable of displaying words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. Characteristics include, but are not limited to:
A. Frame: A complete, static display screen on an electronic message display.
B. Frame Effect: A visual effect on an electronic message display applied to a single frame to attract the attention of viewers.
C. Transition: A visual effect used on electronic message display to change from one message to another.
ELEVATION: A mechanically accurate, "head on" drawing of a face of a building or sign, without any allowance for the effect of the laws of perspective. Any measurement on an elevation is in a fixed proportion, or scale, to the corresponding measurement of the real building.
ERECT: To build, construct, attach, hang, place, suspend, or affix, and shall also include the painting of wall signs.
EXEMPT SIGN: A sign for which a permit is not required.
FLAG: Any fabric, banner, or bunting containing distinctive colors, patterns or symbols, used as a symbol, standard, signal or emblem.
FLASHING SIGN: An illuminated sign, in which artificial or reflected light is not maintained stationary and is constant in intensity and color at all times when in use.
FOOT-CANDLE: A measurement of the amount of light that is intercepted by a meter or similar device from a given distance away from a lit object and measured by a foot-candle meter or similar device.
FRAME HOLD TIME: The duration or interval of time during which each individual advertisement or message is displayed on any sign which is capable of sequentially displaying more than one advertisement or message on its display surface.
FREESTANDING SIGN: Any sign that is not attached to a building or structure to which is located on and including, but not limited to, pole, monument or other signs or sign structures placed independently from a building.
FRONTAGE: The length of the front zoning line or lines of any premises, which is parallel to and along each street right of way it borders.
FUEL PRICE SIGN: A changeable copy sign advertising fuel prices at an establishment providing fuel sales.
GHOST SIGN: A historical sign on a wall advertising a past business or pursuit.
GRADE: The ground level as established by the public works department.
HISTORIC CONTEXT: An organizing structure for interpreting history that groups information about historic properties that share a common theme, common geographical area, and a common time period.
HISTORIC INTEGRITY: The degree to which a building has retained its original elements.
HISTORIC PRESERVATION COMMISSION: The commission appointed by the mayor to conduct duties and responsibilities as set forth in title 3, chapter 4 of this code and state statute.
HISTORICALLY OR CULTURALLY SIGNIFICANT SIGNS: Criteria to be considered a historically or culturally significant sign include, but are not limited to: South Dakota agricultural or western image; nostalgic significance; character, design, or materials that represent a particular historical period; landmark recognition; and character or design that are recognizably important to one or more cultures. Signs that are hand painted directly on the surface of a building and include artistic work without being a mural, in addition to a commercial message, such as a ghost sign, may be eligible for a finding of cultural significance. Historic or cultural nature of the signage may be significant to society generally or in the context of the Mitchell community particularly.
HOME OCCUPATION SIGN: A sign containing only the name and occupation of a permitted home occupation.
ILLUMINATED SIGN: Any sign which has characters, letters, figures, symbols, or its outline illuminated by electric light, luminous tubes, or other artificial lighting sources.
INSTITUTIONAL SIGN: A sign, which includes names and logos that identifies a public, recreational, educational, religious, charitable, or similar institutional uses permitted within applicable zoning districts and may also provide the announcement of services or activities held therein.
INTEGRAL SIGNS: Names of buildings, dates of erection, monumental citations, commemoration tablets, and the like, of permanent type construction and made an integral part of the building structure.
LEGAL NONCONFORMING SIGN: A sign or sign structure which does not comply with all provisions of this chapter, but which was legal at the time it was constructed.
LIGHT TRESPASS: A term used in the outdoor lighting industry to describe light that falls outside of a property that is primarily intended to be lighted.
MAINTENANCE (SIGN): The upkeep and repair of signs and sign structures that do not include relocation, alteration, installation, removal, illumination, or classification thereof.
MENU SIGNS: Signs which give menu items and prices for drive-up windows.
MONUMENT SIGN: A freestanding sign which is encased in framework or brickwork upon the ground.
MOVING SIGN: Any sign which in part or in total rotates, revolves, or otherwise is in motion.
MULTI-TENANT SIGN: An identification sign placed at a site with multiple tenants, displaying the names of each tenant on the site.
MURAL: A sign painted directly onto a building. Murals are intended to serve an artistic function and do not include a commercial message.
NONCOMMERCIAL SIGNS: Any sign, wording, logo or other representation that does not directly or indirectly name, advertise, or call attention to a business, product, service, sale, or sales event or other commercial activity.
NONILLUMINATED SIGN: A sign other than an illuminated sign or reflective sign which is visible primarily from a natural light source.
OFF PREMISES SIGN: A sign advertising a business, person, service or product which is located or conducted elsewhere than on the premises where the sign is located.
ON PREMISES SIGN: A sign advertising the business, person, service or product of the building or land upon which it is located, or identifying the premises or goods manufactured, produced, or services rendered thereon.
OUTLINE LIGHTING: An arrangement of incandescent lamps or electric discharge tubing that outlines or calls attention to certain features of a building, such as its shape or the decoration of a window.
OWNER, SIGN: The person with respect to any sign for which a sign permit has been issued; or with respect to a sign for which no sign permit is required, or for which no sign permit has been obtained, "sign owner" means the person entitled to possession of such sign, the owner, occupant, and agent of the property where the sign is located, and any person deriving a benefit from the sign.
PERIOD OF SIGNIFICANCE: The time period during which the majority of contributing buildings in a historic district were constructed. The period of significance is generally established by the designation of the district.
PERMANENT SIGN: A sign which is permanently attached to a framing or a sign with a support member at or below the frost line or attached to a building or another structure by direct attachment to a rigid wall, frame or structure.
POLITICAL SIGN: A sign identifying and urging voter support or opposition for a particular election issue, political party, ballot question, or advocating a candidate for public office.
PORTABLE SIGN: Any sign not permanently attached to the ground or other permanent structure, or sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to "A-frames" or "T-frames"; menu and sandwich boards signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right of way, unless said vehicle is used in the normal day to day operations of the business. These signs are considered temporary signs.
PROJECTING OR HANGING SIGNS: Any double sided sign that is hung from a frame or by a horizontal post attached to a storefront wall. A projecting sign's purpose is to appeal to pedestrians.
PUBLIC INFORMATION SIGN: A sign usually authorized, erected and maintained by a public agency that provides the public with information and in no way relates to a commercial activity. Includes, but is not limited to, speed limits, stop signs, city limit signs, street names, public parking sites, public buildings, and directional signs.
RADIUS: A line segment extending from the center of a circle or sphere to the circumference or bounding surface.
READER BOARD (CHANGEABLE COPY): A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face of the surface of the sign. A sign on which the message changes more than eight (8) times per day shall be considered an animated sign and not a changeable copy sign.
REAL ESTATE SIGN: A temporary sign placed upon property for the purpose of advertising to the public the sale or lease of the property and including signs indicating open houses or auctions.
RELIGIOUS SYMBOLS: A structure symbolizing a particular faith, denomination, or belief.
RIGHT OF WAY: A strip of land occupied or to be occupied by a street, railroad, transmission line, oil or gas pipeline, water lines, storm or sanitary sewer lines, pedestrian walkways or other public or special use. The use of the term "right of way" for platting purposes shall mean that every right of way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right of way and not included within the dimensions or areas of such lots or parcels. Rights of way may be dedicated to public use by the owner of the plat on which such right of way is established.
ROCK SIGNS: Signs that are engraved or otherwise inscribed into one or more faces of a rock.
ROOF SIGN: Any sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six inches (6").
ROTATING SIGN: Any sign or portion of a sign which moves in a revolving or similar manner.
SANDWICH BOARD (PORTABLE SIGNS): A double sided portable sign that sits on pavement, like an easel.
SCALE: The size or apparent size of an object as seen in relation to other objects or its environment or format; also used to refer to the quality or monumentality found in some objects regardless of their size.
SCROLLING: The horizontal and/or vertical movement of a message moving across the face of an electric message center sign. Scrolling of messages solely containing text is allowed on an electric message center. Scrolling of images, patterns and/or designs, even if the image pattern or design consists of text is not allowed.
SETBACK: As defined by title 10, "Zoning Regulations", of this code.
SHADING: The light from any illuminated sign shall be so shielded, shaded or directed so that the light intensity shall not adversely affect surrounding or facing premises or safe vision of operators of vehicles on public or private rights of way.
SIGHT VIEW TRIANGLE: The triangular area formed by a diagonal line connecting two (2) points located on intersecting streets and a line connecting the two (2) points on the curb line.
SIGN: Any object, device, display or structure, or part thereof, situated outdoors or visible from outdoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. This definition does not include national or state flags or their emblems or insignia, interior window displays, athletic scoreboards, or religious symbols.
SIGN AREA: The area of the largest single face of the sign within a perimeter which forms the outside shape, including any frame which forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one section or module, all areas will be totaled.
SIGN HEIGHT: The vertical distance from the top of the sign or sign structure, whichever is greater, to the ground directly below, measured from a point of equal distance from the sides or edges of the sign.
SPITE SIGN: Any sign erected solely and intentionally for the specific purpose of hiding or covering from the view of the public an adjacent or nearby sign.
STATIC IMAGE: Characterized by a lack of movement, animation or progression.
TEMPORARY SIGN: A detached sign made of nonrigid material, designed and displayed for a seasonal or brief activity such as, but not limited to, sales, specials, promotions, holidays, auctions, business grand openings, and signs advertising the lease or vacancy of rental units in multi-unit residential developments.
TRANSITION TIME: The duration or interval of time between which each individual advertisement and message is displayed on any sign which is capable of sequentially displaying more than one advertisement or message on its display surface.
UNLAWFUL (NUISANCE) SIGN: A sign or sign structure which is unlawfully erected or is unlawful for reasons of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, abandonment as declared by the appropriate city officials. Such signs may be declared a nuisance.
VARIANCE: A departure from any height, setback, size or other physical standards of this chapter for a specific size, except use, without changing the zoning ordinance or the underlying zoning of the parcel. A variance is granted only upon demonstration of hardship based on the peculiarity of the property in relation to other properties in the same zone district.
WALL SIGN: Any sign that shall be affixed parallel to but within twelve inches (12") of, the wall or printed on the wall of any building in such a manner as to be read parallel to the wall on which it is mounted, provided, however, said wall sign shall project above the top of the wall or beyond the end of the building. For the purpose of this chapter, any sign display surface that is affixed flat against the sloping surface of a mansard roof shall be considered a wall sign. Any sign display surface that is affixed to the windows, benches, building marquee, building awning, or a building canopy shall be considered a wall sign.
WINDOW SIGN: A sign that is directly applied to the inside surface of a window as a vinyl or screen printed application. (Ord. 2422, 1-21-2013)