9-4-6-4: OFF PREMISES SIGNS:
   A.   Support Structures: Off Premises freestanding signs shall have at least one visible structural support.
   B.   Tone Of Support Structures: Off premises sign support structure(s) shall be of a neutral and nonmetallic tone.
   C.   Variance: In the highway oriented business district (HB), transportation, warehousing and commercial district (TWC), and industrial district (I) off premises signs may be allowed to be greater than three hundred (300) square feet in size, by variance granted by the board of adjustment to a maximum of six hundred (600) square feet and shall not conflict with state or federal law.
   D.   Sign Faces: Off premises signs shall have no more than two (2) sign faces.
   E.   Space Between Faces: The faces of off premises signs shall be mounted parallel or up to a maximum of thirty degrees (30°) between one another.
   F.   Sight View Triangle: Off premises signs shall not be located within any sight view triangle.
   G.   Separation From On Premises Sign: Off premises signs shall be separated by not less than fifty feet (50') from any on premises sign.
   H.   Property Owner Consent: Off premises sign permits shall not be issued for any property without the designated official having first been provided written consent of the property owner or their agent.
   I.   Light Trespass: The light from any light source intended to illuminate an off premises sign shall be so shaded, shielded or directed so that the light intensity or brightness shall not emit lighting directly on any adjoining property, or shall the source of illumination produce a glare clearly visible beyond a property line, or adversely affect safe vision of pedestrians or operators of vehicles moving on public or private streets, driveways or parking areas. Electrical service to all off premises signs shall be provided an underground service lateral.
   J.   Conversion: No on premises sign may be converted to an off premises sign without notification to the designated official and a permit is secured.
   K.   Political And Election Billboards: Political and election issue billboards may be displayed at any time in all zoning districts allowing off premises advertising as provided in this chapter.
   L.   Location In Certain Venues: Off premises signs may be placed entirely within publicly owned sports venues, community centers, auditoriums, public parks, and educational institutions, governmental buildings or community theater and directed to the participants and spectators located within such venues, but not adjacent rights of way, may be up to one hundred (100) square feet in size and contain off site advertising and sponsorship acknowledgment.
   M.   Direction Of Faces: No more than one sign face per direction facing and no more than two (2) parallel sign faces on any one sign structure.
   N.   Minimum Setback: The minimum setback from the sign face to the property line shall be ten feet (10') in the highway oriented business district (HB), transportation, warehousing and commercial district (TWC), and industrial district (I) unless approved by a variance.
   O.   Overlap Into Setback Not Allowed: No part of the off premises sign face or structure will be allowed to exist in or overlap into the required setbacks, unless approved by a variance.
   P.   Measurement Of Distance Between Signs: The distance between off premises signs shall be measured from the two (2) nearest points of each sign in all directions.
   Q.   Distance From Another Off Premises Sign: Off premises signs shall not be within a three hundred foot (300') radius of any other off premises sign to be read from the same right of way under control of the city of Mitchell:
      1.   The sign shall not be within a one hundred fifty foot (150') radius of any other off premises sign intended to be read from a different right of way;
      2.   The sign shall be no closer than a five hundred foot (500') radius from any existing off premises sign on a state controlled right of way and comply with South Dakota department of transportation regulations or state law.
      3.   No off premises sign may be placed within a three hundred foot (300') radius from the property line of a public park, public or parochial school, postsecondary institution, religious institution, viaduct, designated historic site, and publicly owned indoor or outdoor recreational facility.
   R.   Legitimate Business Enterprise: Off premises signs are recognized as a legitimate business enterprise but are not considered to be an accessory land use.
   S.   Distance From Public Street: Off premises signs shall not be located closer than fifty feet (50') to any intersection of public street right of way nor access point (driveway, approach, etc.) to a public street.
   T.   Illumination:
      1.   Off premises signs which are illuminated by any flashing, intermittent or moving light(s) are prohibited.
      2.   Off premises signs shall not be illuminated so as to interfere with vehicular or pedestrian traffic in any way.
      3.   Off premises signs shall not be so illuminated that it interferes with the effectiveness of, or obscures an official traffic sign, device or signal.
      4.   Off premises signs located on state controlled rights of way shall comply with state regulations, standards and laws.
   U.   Height: Off premises freestanding signs shall have a minimum height of twelve feet (12') and not to exceed a height of forty five feet (45'), with the exception of off premises freestanding signs placed in the designated off premises signage review overlay district. Off premises freestanding signs in this district shall not exceed a height that exceeds the elevation of one thousand four hundred feet (1,400') according to the United States geodetic survey. The boundaries of this district are shown upon an exhibit adopted with these provisions. (Ord. 2422, 1-21-2013)