A. Permits Required: Except as otherwise provided in this chapter, it shall be unlawful for any person to erect, alter, install or relocate within the city's zoning jurisdiction any "sign" as defined in this chapter, without first obtaining a permit from the designated official and making applicable payment of the appropriate fees if so required.
B. Exempt Signs: No permit shall be required for the following exempt signs:
1. A nonilluminated nonprojecting on premises wall sign less than ten (10) square feet in area.
2. A nonilluminated projecting on premises sign not more than five (5) square feet in area and projecting not more than twenty four inches (24") beyond the property line.
3. Temporary construction signs denoting construction and parties involved in such construction. The sign shall not be installed until a building permit has been issued. A construction sign must be removed within fourteen (14) calendar days after substantial completion of the project.
4. Items considered maintenance, repairs, and alterations to an existing lawful sign.
5. Temporary banners for special or civic events or promotions.
6. Any public information signs located on public property or public rights of way.
7. Artwork that does not include a commercial message.
8. Holiday lights and decorations with no commercial message.
9. Public information signs on private property, including, but not limited to, "Stop", "Yield", and similar signs, which meet South Dakota department of transportation, city of Mitchell and Davison County standards and do not contain commercial messages.
10. Signs or graphics on vending machines.
11. On premises directional signs that do not exceed ten (10) square feet in area.
12. Flags.
13. "No Trespassing" or "No Dumping" signs or similar messages.
14. Plaques or nameplate signs which do not exceed ten (10) square feet in area and which are fastened directly to the building and do not contain commercial messages. Names and addresses may be listed.
15. Real estate signs shall be located on the property listed for sale or lease. Off premises open house/auction signs may be placed no more than ten (10) calendar days prior to the open house/auction and must be removed within forty eight (48) hours afterward.
16. Window signs covering up to seventy five percent (75%) of the area per window.
17. Political signs:
a. May not be located within a required sight view triangle.
b. Temporary political signs may not be placed more than sixty (60) calendar days prior to an election date and shall be removed within ten (10) calendar days after an election date.
c. The signs shall display required campaign finance information as set forth in law and comply with election laws relating to polling places.
18. Identifying logos which do not advertise a product or service on municipally owned water storage reservoirs, unless approved by the city council.
19. Aerial signs (balloons).
20. Temporary on premises or off premises signs from educational institutions, religious institutions, nonprofit organizations, governmental and philanthropic institutions that are educational, cultural, religious, benevolent, charitable, or recreational in nature, and that provide a message of a civic event. The following requirements shall apply:
a. The size shall not exceed sixty (60) square feet.
b. The height of the sign shall not exceed eight feet (8').
c. Portable signs shall be properly anchored.
d. Signs shall not be placed within a required sight view triangle area.
e. Banners shall be secured to a building, structure or fence at all times.
f. Signs may be placed thirty (30) days prior to an event and shall be removed within five (5) days of the termination of the event.
g. Any on premises portable sandwich board sign may remain on display to the public only during the hours of business operation and allow for safe pedestrian traffic and compliance with the Americans with disabilities act.
21. Religious symbols.
22. Rummage, garage sales and similar sales taking place in residential areas.
23. Rock signs.
24. Portable public information signs under the direction of the city officials or other governmental agency.
25. Home occupation signs complying with title 10, "Zoning Regulations", of this code.
26. Residential yard signs:
a. The total square footage allowed for temporary signs on a residential lot shall not exceed eight (8) square feet with no individual sign exceeding six (6) square feet and no more than two (2) signs displayed at any one time.
b. The total square footage allowed for temporary signs on a residential lot during a special event/election shall not exceed twenty four (24) square feet with no individual sign exceeding six (6) square feet and no more than six (6) signs displayed at any one time.
27. Bulletin boards and kiosks.
28. Signs and messages on operable vehicles.
C. Sign Permit Process:
1. Expiration: Every sign permit issued by the city shall expire by limitation and become null and void if construction, erection or installation does not commence within sixty (60) calendar days from date of permit issuance, and shall expire by limitation in one hundred twenty (120) calendar days from the date of permit issuance. For good cause, the designated official may extend the time of permit validity for an additional one hundred twenty (120) calendar days.
2. Number Of Signs: Any permit issued may authorize one or more signs.
3. Assignment Of Sign Permits: A current and valid permanent sign permit shall be freely assignable to a successor in interest to the property upon which such permanent sign was originally constructed, erected or installed.
4. Permit Prohibited: No permit shall be issued to any property upon which there exists any unlawful sign at the time of making permit application; however, a permit may be issued for both the removal of any unlawful sign and the erection of a lawful sign.
5. Fees: Each application for a sign permit shall be accompanied by the applicable fees that shall be established by the governing body from time to time by resolution.
6. Application Procedure: The following procedure shall govern the application for, and issuance of, all sign permits under this chapter and signs not classified as exempt signs.
a. Permanent Signs:
(1) All applications for construction, placement, modification and installation of permanent signs, excluding exempt signs and activities considered maintenance of an existing permanent sign, must be accompanied by the following:
(A) Name and address of owner of the property upon which the sign is to be erected, name and address of the sign owner and the name of the sign contractor/installer who will erect/install the sign.
(B) A detailed site plan showing the exact location and orientation of the sign(s) relative to all property lines, building lines, parking lots, driveways, size and type of existing signs on the property and other pertinent land and architectural features the city may require. The city reserves the right to require written documentation from the property owner verification of the accuracy of property lines.
(C) An elevation drawing showing the sign height above the grade. Photographs with proposed images cropped or a rendering may be required.
(D) The dimensions of the sign facing.
(E) The design features of the sign, including, but not limited to, illumination, materials or physical characteristics.
(F) Completed sign permit application.
(G) Required fee is remitted.
(2) Permits issued for permanent signs shall be deemed perpetual, and shall not terminate unless:
(A) The sign has been abandoned.
(B) The business activity or identified entity which existed at the time the sign permit was issued is discontinued for a period of one hundred eighty (180) days or more.
(C) The type, size, height, location or illumination is changed, altered or modified.
(D) The sign has been relocated.
b. Temporary Signs: All applications for the construction, creation, placement or installation of certain temporary signs that are not exempt signs and/or the modification or change of location of such signs, must be accompanied by the following to enable permit issuance:
(1) Name and address of owner of the property upon which the sign is to be erected, name and address of the sign owner, and name of the sign contractor erecting the permitted sign.
(2) A site plan showing the exact location and orientation of the sign(s) relative to all property lot lines.
(3) A drawing showing the sign height and facing dimensions.
(4) The type of illumination or other characteristics of the sign.
(5) Completed sign permit application.
(6) Required fee is remitted.
c. Application Review: The designated official shall review all sign permit applications and render a decision on permit issuance within ten (10) business days.
D. Prohibited Signs:
1. Signs displaying words or pictures of obscene or pornographic material.
2. Signs that emit sound, odor, visible matter.
3. Animation, flashing, blinking or any other such lighting or depictions not providing constant illumination, but not including electronic message centers.
4. Abandoned signs and unlawful signs.
5. Signs that replicate traffic control signs or signals and which display words including, but not limited to, "Stop", "Go", "Danger", "Warning" unless installed or approved by a governmental agency.
6. Signs attached to trees in the public right of way, utility poles, public beaches, street and traffic lights, street signs or placed on any public property or public right of way, unless approved by the city of Mitchell.
7. Signs that obstruct the vision or interfere with traffic control signs, signals, or lights in the public right of way.
8. Signs that obstruct any required egress or ingress to and from a building or structure.
9. Signs that obstruct the sight view triangle.
10. Off premises wall signs, with the exception of historic and culturally significant signs and ghost signs in the central business district (CB).
11. Spite signs.
E. Legally Nonconforming Signs: Any permanent sign existing after the date of the adoption of this chapter, that does not conform to the provisions of this chapter shall be deemed a legal nonconforming sign. Such sign may remain, but once the sign is removed the sign may be replaced except for the following:
1. Any abandoned sign.
2. Any sign declared unlawful or a nuisance by the designated city official.
3. Any sign in which the type, size, height, location or illumination is changed after enactment of the effective date of this chapter.
4. Any sign which has been damaged by more than fifty percent (50%) of the replacement value of the sign at the time of such damage. The sign shall be brought into conformance with this chapter when it is temporarily or permanently removed by any means, including an act of God or other means. In the event of repair, the damaged sign shall be brought into compliance with the provisions of this chapter. All other signs which remain on the property on the site of such damage will be allowed to remain until such time as they are required to be replaced.
5. Maintenance as defined herein may be performed upon legally established nonconforming permanent signs. A legally established nonconforming permanent sign may be restored, reconstructed, altered, or repaired only in conformance with the provisions of this chapter.
6. Any sign which is deemed to be historically significant, as determined by the historic preservation commission, is exempt from this section.
7. Notwithstanding any other provision of this chapter, any legal nonconforming off premises sign may be reconstructed by the current permit holder in the same location as it currently exists so long as the alterations or reconstruction of the sign bring it into compliance with all the provisions of this chapter with the exception of any spacing requirements between signs. (Ord. 2422, 1-21-2013; amd. Ord. O2020-14, 12-7-2020)