HomeMy WebLinkAboutOrdinance 23-1998 ' ti " � . .
ORDINANCE NO. 23-98
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
BROOKINGS BY ESTABLISHING SIGN REGULATIONS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS,
SOUTH DAKOTA, THAT ARTICLE VII, SECTION 50.80.000, OF CHAPTER 50, THE 1994
REVISED ZONING ORDINANCE SHALL BE AMENDED AS PER ATTACHED EXHIBIT
A.
Anyone interested in obtaining or reviewing a copy of Ordinance No. 23-98 may do so by
contacting the City Finance Office at 311 3`d Avenue, Brookings, South Dakota.
This ordinance shall repeal Article IV, Signs of Chapter 3 of the revised ordinances of the
City of Brookings.
FIRST READING: November 10, 1998
SECOND READING: November 24, 1998
PUBLISHED: December 1, 1998
CITY OF BROOKINGS
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Mayor
ATTEST:
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Finance Officer
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ORDINANCE NO. 23-98
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
BROOKINGS BY ESTABLISHING SIGN REGULATIONS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS,
SOUTH DAKOTA, THAT ARTICLE VII, SECTION 50.80.000, OF CHAPTER 50, THE 1994
REVISED ZONING ORDINANCE SHALL BE AMENDED AS PER ATTACHED EXHIBIT
A.
This ordinance shall repeal Article IV, Signs of Chapter 3 of the revised ordinances of the
City of Brookings.
SECTION 50.80.000 SIGN REGULATIONS
50.80.100
PURPOSE AND INTENT. The purpose of these sign regulations are to encourage the effective
use of signs as a means of communication in the City, to minimize the possible adverse effect of
signs on adjacent public and private property, to improve pedestrian and traffic safety, to
maintain and enhance an aesthetic environment and to enable the fair and consistent enforcement
of these sign regulations.
It is,therefore,the intent of these regulations to achieve the following:
A. Safety: To promote the safety of persons and property by requiring that signs:
1. Do not create a hazard due to collapse, fire, collision, decay or
abandonment;
2. Do not create traffic hazards by distracting or confusing motorists,
impairing a driver's ability to see pedestrians, obstacles, or other vehicles
or to see and interpret any official traffic sign, signal or device.
B. Communication: To promote the efficient transfer of information by providing
that:
1. Business and services may identify themselves;
2. Customers and other persons may locate a business or service;
3. No business, service, person or group is arbitrarily denied the use of sight
lines on a public right-of-way for communication purposes.
C. Preservation of the natural landscape: To protect the public welfare and to
maintain and enhance the appearance and economic value of the landscape by
providing that signs:
1. Do not create a nuisance to persons using the public right-of-way;
2. Do not constitute a nuisance to the occupancy or use of adjacent property
as a result of their size, height, brightness or movement;
3. Are constructed and installed in a manner which is in harmony with
buildings, neighborhoods or other signs in the area.
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50.80.200
APPLICABILITY. A sign may be erected, placed, established, painted, created or maintained
in the city only in conformance with the standards, procedures, exceptions and other
requirements of this ordinance. The effect of this ordinance as more specifically set forth
herein, is
A. To require a permit for certain types of signs subject to the standards and procedures
of this ordinance;
B. To allow certain signs that are small, unobtrusive and incidental to the principal use
of the parcel on which they are located, subject to the requirements of this ordinance
but without a requirement for a permit;
C. To provide for temporary signs in limited circumstances, and
D. To prohibit all signs not expressly permitted by this ordinance
SECTION 50.80.300 DEFINITIONS.
For the purpose of interpreting this ordinance, the rules and definitions contained in this section
shall be observed and applied, except when the content indicates otherwise. Words used in the
present tense shall include the past and future. Words used in the singular number shall include
the plural number, and the plural usage shall include the singular. The word "shall" is
mandatory. Any work not herein defined shall be as defined in Section 50.02.000 or in any
recognized standard English dictionary. Some section numbers have been reserved for future
expansion.
.003
Abandoned sign - A sign which no longer identifies or advertises a bona fide business, lessor,
service, owner, product, or activity, and/or for which no legal owner can be found.
.006
Animated sign - Any sign that uses movement, electric message or change of lighting, either
natural or artificial, to depict action or create a special effect or scene.
.009
Area identification sign-A sign to identify a common area containing a group of structures, such
as a residential subdivision, apartment complex, industrial park, or shopping center which
is located at the entrance or entrances of the area.
.012
Awning, electric - (also Back Lit Awning) An internally illuminated fixed space-frame structure
with translucent, flexible reinforced covering designed in awning form and with graphics
or copy applied to the visible surface of the awning.
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Awning sign- (see canopy sign)
.018
Banner-Any sign of lightweight fabric or similar material that is mounted to a building at one or
more edges. National flags, state or municipal flags, or the official flag of any institution
or business shall not be considered banners.
.021
Banner, pole - Any sign of lightweight fabric or similar material that is mounted to a pole at one
or more edges. National flags, state or municipal flags, or the official flag of any
institution or business shall not be considered banners.
.024
Beacon - A stationary or revolving light which flashes or projects illumination, single color or
multi-colored, 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.
.027
Billboard-A sign located on a parcel containing no buildings or commercial activity.
.030
Building marker-Any sign indicating the name of a building and date and incidental information
about its construction, which is cut into a masonry surface or made of bronze or other
permanent material.
.033
Building sign- Any sign attached to any part of a building.
.036
Bulletin board - Any sign erected by a charitable, educational, civic, or religious institution or a
public body, which is erected upon the same property as said institution, for purposes of
announcing events which are held on the premises, and contains no commercial message.
.039
Canopy sign -Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic,
or structural protective cover over a door, entrance, window, or outdoor service area. A
marquee is not a canopy.
.042
Changeable copy sign/reader board - 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 times per day shall be
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considered an animated sign and not a changeable copy sign for purposes of this
ordinance. A sign on which the only copy that changes is an electronic or mechanical
indication of time or temperature shall be considered a "time and temperature" portion of
a sign and not a changeable copy sign for purposes of this ordinance.
.045
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.
.048
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.
.051
Construction sign - A temporary sign identifying a building or construction site, contractors,
architects, engineers or suppliers.
.054
Display surface area - The net geometric area enclosed by the display surface of the sign
including the outer extremities of all letters, characters and delineations. However,
"display surface area" shall not include the structural supports for free standing signs.
.057
Erect - To build, construct, attach, hang, place, suspend, or affix, and shall also include the
painting of wall signs.
.060
Flag - Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as
a symbol of a government,political subdivision, or other entity.
.063
Flashing sign - An illuminated sign on which artificial or reflected light is not maintained
stationary and constant in intensity and color at all times when in use.
.066
Freestanding sign - A sign which is attached to or a part of a completely self-supporting
structure. The supporting structure shall be set firmly below the ground surface and shall
not be attached to any building or any other structure whether portable or stationary.
.069
Garage/yard sale sign - A temporary sign indicating a private sale of personal household
possessions and which is not for the use of any continuing commercial business.
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Ground sign-A sign anchored to the ground similar to a free standing sign but which has no free
air space between grade and the top of the frame or sign facing.
.075
Identification sign-A sign containing only the address and name of the occupant of the building.
.078
Illuminated sign - Any sign which has characters, letters, figures, symbols, signs or its outline
illuminated by electric light, luminous tubes, or other artificial sources.
a. Internal lighted sign — A sign with luminous tubes, electric lights or other devices
located within the interior of the sign.
b. External lighted sign—A sign which is illuminated by spotlights, floodlights, lamps,
lenses or other devices designed to focus or concentrate light rays on the sign display
area.
c. Surface lighted sign — Any sign which is illuminated by electric bulbs or other
similar devices which are attached to the exterior of the sign and are an integral part
of the sign.
.081
Incidental sign - A sign which is generally informational, and which has a purpose secondary to
the principal use of the lot on which it is located such as "no parking", "entrance", "exit",
"loading only" or other similar directives. No sign with a commercial message legible
from a position off the lot on which the sign is located shall be considered incidental.
.084
Inflatable sign- A sign capable of expanding due to the injection of air or gas.
.087
Lot - A tract of land or group of abutting and contiguous tracts of land in single ownership that
are of sufficient size to meet the minimum zoning requirements as required by the zoning
ordinance.
.090
Mansard roof- Any roof that has an angle greater than forty-five (45) degrees and which derives
part of its support from the building wall and is attached to (but not necessarily a part o fl
a low slope roof and which extends along the full length of the front building wall or
three-quarters (3/a) of the length of a side building wall. For purposes of this chapter, a
low slope roof shall mean any roof with a pitch less than three (3) inches rise per twelve
(12) inches horizontal.
.093
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Marquee - Any permanent roof-like structure projecting beyond a building or extending along
and projecting beyond the wall of the building, generally designed and constructed to
provide protection from the weather.
.096
Marquee sign- Any sign attached to, in any manner, or made a part of a marquee.
.099
Non-conforming sign-Any sign that does not conform to the requirements of this ordinance.
.102
Non-illuminated sign - A sign other than an illuminated sign or reflective sign which is visible
primarily from a natural light source.
.105
Non-permanent sign - A surface-mounted sign or a sign with a support member extending below
grade which is usually esta.blished for a specific period of time.
.108
Outdoor menu board - An outdoor sign, associated with restaurants with drive-through windows,
which gives a detailed list of foods served that are available at a restaurant.
.111
Pennant - Any lightweight plastic, fabric, or other material, whether or not containing a message
of any kind, suspended from a rope, wire, or string, usually in series, designed to move in
the wind.
.114
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.
.117
Person- "Person" shall mean and include any person, firm, partnership, association, corporation,
company or organization, singular or plural, of any kind.
.120
Political sign - A temporary sign such as a poster card or lawn sign identifying a candidate or
issue to be voted for or upon on a definite election day.
.123
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 board signs; umbrellas used for advertising; and signs attached to or painted on
,
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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.
.126
Principal building - The building in which is conducted the principal use of the parcel on which it
is located. Lots with multiple principal uses may have multiple principal buildings, but
storage buildings, garages, and other clearly accessory uses shall not be considered
principal buildings.
.129
Projecting sign - Any sign that is affixed at an angle or perpendicularly to the wall of any
building in such a manner as to be read perpendicularly or at an angle to the wall on
which it is mounted.
.132
Public event-Any event that is authorized by the City of Brookings.
.135
Pylon- (see freestanding sign)
.138
Real estate sign - A temporary sign placed upon property for the purpose of advertising to the
public the sale or lease of said property.
.141
Reflecting sign - Any sign which returns light waves from its surface back toward the light
source.
.144
Residential sign - Any sign located in a district zoned for residential uses that contains no
commercial message except advertising for goods or services legally offered on the
premises where the sign is located.
.147
Roof sign- any sign erected and constructed wholly on and over the roof of a building, supported
by the roof structure and extending vertically above the highest portion of the roof.
.150
Roof sign, integral -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.
.153
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Setback - The distance from the property line to the nearest part of the applicable building,
structure, or sign,measured perpendicularly to the property line.
.156
Sign - The term "sign" shall mean and include every device, frame, letter, figure, character,
mark, plane, point, design, picture, logo, stroke, stripe, trademark, or reading matter,
which is used or intended to be used to attract attention or convey information to the
general public. In addition, any of the above which is not placed out of doors, but which
is illuminated with artificial or reflected light and in view of the general public and used
or intended to be used to attract attention or convey information to motorists.
.159
Shopping center - Two (2) or more retail stores and/or service establishments, or one retail store
and one service establishment, sharing customer parking areas, regardless of whether said
stores and/or establishments occupy separate structures or are under separate ownership.
.162
Streets and sidewalks -A strip of land or access way subject to vehicular traffic and/or pedestrian
traffic that provides direct or indirect access to property, including, but not limited to,
alleys, avenues, boulevards, courts, drives, highways, lanes, places, roads, sidewalks,
terraces,trails, or other thoroughfares.
.165
Street frontage - The distance for which a lot line of a lot runs parallel to and adjoins a public
street.
.168
Suspended sign -A sign that is suspended from the underside of a horizontal plane surface and is
supported by such surface.
.171
Tempora.ry sign - Any sign that is used for varying periods of time and may be mounted on or
below grade.
.174
Wall sign - Any sign that shall be affixed parallel to but within 12 inches 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 not project above the top of the wall
or beyond the end of the building. For the purpose of this ordinance, any sign display
surface that is affixed flat against the sloping surface of a mansard roof shall be
considered a wall sign. Any sign that is affixed to the windows, benches, building
marquee,building awning, or a building canopy shall be considered a wall sign.
.177
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Wall sign, painted - A sign which is applied with paint or similar substance on the surface of a
wall.
.180
Window sign - Any sign, pictures, symbol, or combination thereof, designed to communicate
information about an activity, business, commodity event, sale or service, that is placed
inside a window or upon the window.
Chapter 1 SECTION 50.80.400 AREA AND HEIGHT REGULATIONS
50.80.410
COMPUTATIONS. The following principles shall control the computation of sign area and sign
height.
50.80.420
Computation of Area of Individual Signs. The area of a sign face (which is also the sign area of a
wall sign or other sign with only one face) shall be computed by means of the smallest
square, circle, rectangle, triangle, or combination thereof that will encompass the extreme
limits of the writing, represPntation, emblem, or other display, together with any m�terial or
color forming an integral part of the background of the display or used to differentiate the
sign from the backdrop or structure against which it is placed, but not including any
supporting framework, bracing, or decorative fence or wall when such fence or wall
otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.
50.80.430
Computation of Area of Multifaced Signs. The sign area for a sign with more than one face shall
be computed by adding together the area of all sign faces visible from any one point. When
two identical sign faces are placed back to back, so that both faces cannot be viewed from
any point at the same time, and when such sign faces are part of the same sign structure and
are not more than 42 inches apart,the sign area shall be computed by the measurement of one
of the faces.
50.80.440
Computation of Height. The height of a sign shall be computed as the distance from the base of
the sign at normal grade to the top of the highest attached component of the sign. Normal
grade shall be construed to be the lower o£
1. The existing grade prior to construction
2. The newly established grade after construction
Section 50.80.500 TABLES
50.80.510
PERMITTED SIGNS. Signs shall be allowed on private property in accordance with Table 1. If
the letter "P" appears far a sign type in a column, such sign is allowed without prior permit
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approval in the zoning districts represented by that column. If the letter "S" appears for a
sign type in a column, such sign is allowed only with prior permit approval in the zoning
districts represented by that column. Special conditions may apply in some cases. If the
letter "N" appears for a sign type in a column, such a sign is not allowed in the zoning
districts represented by that column under any circumstances.
A sign designated by a "P" or "S" shall be allowed only if it conforms to all other
applicable requirements of this ordinance.
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SECTION 50.80.520
� TABLE 1
PERMITTED SIGNS BY TYPE AND ZONING DISTRICT
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Area Identification N N S S N S S S S S S
Billboard 5 S N N N 5 N S S S N
Bulietin board N S S S N N N N N N 5
Ground N S N S S 5 S S S S N
��� P P P� P P P P P P P P
OYtaeor Meau N N N N N S N 5 S 5 N
Board
lon S S N 5 S S 5 S S S N
Residential d N P P P N N N N N N N
Awnin N N N S S S S S 5 5 N
Awniu Electric N N N S S S S S S S N
Banner Wall N N N S S 5 5 S S S N
Buildin Marker e P P P p p p P p p p p
Cano N N N S 5 S S 5 5 5 N
Identification P P P p p p p p p p p
Mar uee N N N N S S S 5 S N N
Pro'ectin S N N 5 S S 5 5 5 N N
Roof N N N N S N N N N N N
Roof Inte al N N N N 5 5 5 5 S N N
Sus ended N N N 5 5 S S 5 S N N
Wall S 5 N S 5 5 S S S S N
Wall Painted N N N N S N N N N N N
Window S S N S P 5 S S S N N
Banner Pole N N P c P P P P P P P P c
Fla P P P P P P P P P P P
Inflatable N N N N N 5 N S 5 N N
Pennant N N N N N S N S S N N
Port�ble N N N N N 5 S S S S S
Tem ora p p p p p p p p p p p
P=Allowed w/o sign perniit S=Allowed only with sigu petmit N=Not allowed
a) This column does not represent a zoriing district. It applies to institutional uses permitted in
residential districts. Such uses may include, but are not necessarily limited to, churches, schools,
apartment complexes, retirement homes, funeral homes, libraries, fraternities and sororities.
b) No commercial message allowed on sign if such message is legible from any location off the lot on
which the sign is located.
c) No commercial message of any kind allowed on sign.
d) No commercial message allowed on sign, except for a commercial message drawing attention to
an activity legally offered on the premises.
e) May include only building name, date of construction or historical data on historic site.
fl Only address and name of occupant allowed on sign.
g) Permitted only in accordance with section 50.80.740.
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SECTION 50.80.530
TABLE 2
MAXIMUM TOTAL SIGN AREA PER LOT BY ZONING DISTRICT
The maximum total area of all signs on a lot except for incidental, building marker and,lags(a) shal!not exceed the
lesser of the following:
Nt.�om toat syoan teet 750 750 16 200 400 200 400 500 800 600 24
Ma��tatal sqnare feet 1,000 1,000 NA 300 600 300 600 800 1000 NA 32
for lats w�2 or more
fron e
Square teet oi�e per 1 1 NA 2 6 2 1 1 1.5 NA NA
Hnear foot of street e
Sq»re teet oi�e per NA NA NA 1 3 1 0.75 0.75 1 NA NA
Houear foot oi street fronta�e
for corner lota d
a) Flags of the United States, the state, the city, foreign nations having diplomatic relations with the
United States, and any other flag adopted or sanctioned by an elected legislative body of competent
jurisdiction, provided that such a flag shall not exceed 60 square feet in area and shall not be flown
from a pole the top of which is more than 40 feet in height. These flags must be flown in accordance
with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not
meeting any one or more of these conditions shall be considered a banner sign and shall be subject to
regulation as such.
b) Lots with buildings that function as ma11s or shopping centers and contain more than five businesses
sha11 be allowed 50 square feet of additional signage for each additional business, over five businesses,
located within said building.
c) This column does not represent a zoning district. It applies to institutional uses permitted in
residential districts. Such uses may include, but are not necessarily limited to churches, schools,
apartment complexes, retirement homes, funeral homes, libraries, fraternities and sororities.
d) Lots with more than two frontages shall be limited to two frontage widths; one conesponding to the
primary front yazd and one abutting the street with the highest classification.
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SEC1'ION 50.80.540
TABLE 3
NUMBER, DIMENSIONS AND LOCATION OF INDIVIDUAL SIGNS BY ZONING
DISTRICT
Individual signs shall not exceed the maximum number or square footage nor encroach into the minimum setback shown
on this table(Cross Ref. Table 4)
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240 240 6 40 40 40 120 160 240 100 24
Area S.F.
30 30 S 15(b) 15 15(b) 20(b) 30(b) 60 30 g
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10 10 3 0 0 S S 5 5 10 S
Right ofway
setback c
NA NA 1 NA NA NA NA NA NA NA NA
Nomber permitted
er lot
1 for 1 for 1 for 1 for 1 for 1 for 1 for 1 for 1 for 1 for
Nmnber permitted each each NA each each each each each each each each
per feet of 3p(1 300 100 100 100 300 200 200 S00 frtg.
street flrontage (d)
NA NA 2 NA NA NA NA NA NA NA 24
Area SF.
10 10 NA 10 10 10 15 15 20 S NA
Wall area % e
a) This column does not represent a zoning district. It applies to institutional uses permitted in
residential districts. Such uses may include, but are not necessarily limited to churches, schools,
apartment complexes, retirement homes, funeral homes, libraries, fraternities and sororities.
b) In no case sha11 the sign height exceed the setback distance from an adjacent residential district
boundary line.
c) No part of any sign shall protrude into the horizontal or vertical setback line.
d) Lots with two or more frontages shall be regulated according to Table 2. However, signage cannot
be accumulated and used on one frontage in excess of that allowed for lots with orily one street
frontage.
e) The percentage figure here shall mean the percentage of the area.of the wall which such sign is a part
of, attached to or most neaxly parallel to.
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� SECTION 50.80.550
TABLE 4
NUMBER AND DIMENSIONS OF CERTAIN 5IGNS BY SIGN TYPE
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Area Identification 1 er entrance
Billboard
Bulletin Board
Ground
Incidental 4
Outdoor Menu
Board
P lon
Residential 5ee Table 3
Awnin a S 2
Awning,Electric g 2
a
Banner Wall a
Buildin Marker 1 er buildin 4
CanoPY (a) 8 2
Identification 1 er buildin
Mar uee a 8 2
Pro'ectin 1 er bld face 48 10 2
Roof a 1 er buildin
Roof Inte ral a 2 er buildin
Sus ended 1 er entrance g
Wall a
Wall Painted a
Window
.
Banner Pole g 2
Fla g 2
Inflatable c 1 100
Pennant c
Portable c 1 24
Tem ora 2 16
a) Sign area for this sign shall be applied to the ma�cimum allowable wa11 area from Table 3.
b) One sign shall be permitted for each building face fronting a public street.
c) Allowed as per section 50.80.740.
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SECTION 50.80.560
TABLE 5
PERMITTED SIGN CHARACTERI5TICS BY ZONING DISTRICT
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,�nimxted N N N N P P N P P P N
Chan eable Co N N N P P p N p p p p
I1lumination Internal N N N P� P P P� P P P N
��ymi�atipn, P P N P(c) P P P P(c) P P P(c)
Erternal
Illumination,Surface N N N N P P N P P N N
li ted d
Neon N N N N P P N P P N N
Non-Illuminated P P P P P P P P P P P
Reflective P P N N P P N P P N N
P=Permitted
N=Not allowed
a) This column does not represent a zoning district. It applies to institutional uses permitted in residential
districts. Such uses may include, but are not necessarily limited to churches, schools, apartment
complexes, retirement homes, funeral homes, libraries, fraternities and sororities.
b) Light intensity shall remain consistent throughout a message, movement or scene. Flashtubes or similar
devices shall not be permitted.
c) No direct light or significant glare from the sign shall be cast onto any adjacent lot that is zoned and
used for residential purposes.
d) Any surface lighting involving motion shall be prohibited.
, � 5ECTION 50.80.570
TABLE 6
SIGNS BY PERMIT TYPE
5IGN TYPE Permanent Non- rmanent Ezem t
Area Identification a
Billboard g
Bulletin Board g
Ground g
Ltcidental a
Outdoor Menu Board a
lon g
ResidenNal g
k
Awnin g
Awnin Electric g
Banner Wall a g a
Buildin Marker g
Cano g
Identification g
Mar uee � J g
Pro'ectin g
Roof g
Roof Inte al g
Sus ended g
Wall g
Wall Painted g
Window g g g
Banner Pole g
Fla g
Inflatable g
Pennant g
Portable g
Tem ora g
a) A permanent wall banner shall be parallel to and egtend no more than 6 inches from a
building wall.
b) Window signs ezempt from the permit requirements shall include, but not be limited
to, non-illuminated tiyers, posters, pictures and placards intended primarily to convey
a message to pedestrians.
Chapter 2 SECTION 50.80.600 PERMIT REGULATIONS
50.80.610
PERMITS - The following procedure shall govern the application for, and issuance of, all sign
permits under this ordinance.
50.80.620
PERMANENT SIGNS
1. All applications for the construction, creation, placement or installation of permanent
signs or the modification of an existing permanent sign shall be accompanied by the
following:
a) A detailed site plan of the lot showing the exact location and orientation of the sign(s)
relative to all lot lines, building lines, parking lots, drive-ways and other pertinent
land and architectural features.
b) An elevation drawing showing the total height above the adjacent grade.
c) The total dimensions of the sign facing.
d) The design features of the sign.
e) The type of illumination or other characteristics of the sign(see Table 5).
fl The size and type of existing signs on the property.
g) All other applicable data such as lot line dimensions and building wa11 or other
surface area dimensions as required by the city.
2. Fees - Each application for a sign permit shall be accompanied by the applicable fees,
which shall be established by the governing body of the city from time to time by resolution.
3. Permanent sign permits shall be valid for the duration of the life of the sign unless:
a) The sign has been abandoned
b) The business activity on the premises is discontinued for a period of 180 days or
more and is not resumed within 30 days of written notice from the city.
c) The type, size, height, location, or illumination is changed, altered or modified.
50.80.630
NON-PERMANENT SIGNS
1. The following procedure shall govern the application for, and issuance of, a11 non-
permanent sign permits under this ordinance. All applications for the construction, creation,
placement or installation of non-permanent signs or the modification or change of location of
such signs shall be accompanied by the following:
a) A site plan of the lot showing the exact location and orientation of the sign(s) relative
to all lot lines.
b) A drawing showing the total height and facing dimensions.
c) The type of illumination or other characteristics of the sign(see Table 5).
d) All other applicable data as required by the city.
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2. Fees - Each application for a non-permanent sign permit shall be accompanied by the
applicable fees, which shall be established by the governing body of the city from time to
time by resolution.
3. Non-permanent sign permits shall be issued in accordance with the requirements of
Section 50.80.700, General Regulations
50.80.640
NUMBER OF SIGNS -A permit may authorize the erection of one or more signs.
50.80.650
ASSIGNMENT OF SIGN PERMITS - A current and valid permanent sign permit shall be freely
assignable to a successor as owner of the properly.
50.80.660
PERMIT PROHIBITED - A permit for a new sign shall not be issued for a lot on which there
exists an illegal sign.
50.80.670
SIGNS EXEMPT FROM PERMITS - The following signs are exempt from the permit
requirements but are subject to all other requirements of this ordinance.
1. Incidental
2. Building marker
3. Identification
4. Flag
5. Temporary
6. Pole banner
7. Residential
Chapter 2 SECTION 50.80.700 GENERAL REGULATIONS
50.80.710
SCOPE OF REGULATIONS - The following regulations are applicable to a11 districts.
50.80.720
FREESTANDING SIGNS
a) Freestanding signs shall be located only in a front or side yard.
b) Lots which are allowed more than one freestanding sign shall space the signs no less than
50 feet apart.
c) Freestanding signs shall not be located within an intersection safety zone.
d) Freestanding signs shall not employ any moving parts.
�
e) Freestanding signs which obstruct any street improvement projec shall be removed at the
owner's expense
50.80.730
BUILDING SIGNS
Projecting, awning, canopy, marquee and wall signs may project over public property
where the building was constructed at/on the front property line except f r state highway rights-
of-way.
50.80.740
MISCELLANEOUS SIGNS
A. Inflatable si ns may be displayed under the following conditions:
1. They shall not interfere with utility lines, antennas or towers.
2. Cabling,tie-downs or tether lines shall not be located on or acro s public property.
3. They shall not be located in any airport approach zone.
4. A bond in the amount of fifty dollars ($50.00) shall be require for each inflatable sign
permitted under this ordinance. Said bond shall be forfeited if the inflatable sign is not
removed on or before expiration of the permit
5. Inflatable signs may be displayed on a lot for sixi� (60) perm't days per calendar year.
Permits shall not be issued for a period less than 15 days.
B. Portable s�ns shall be regulated as follows:
1. A bond in the amount of fifty dollars ($50.00) shall be requir d for each portable sign
permitted under this ordinance. Said bond shall be forfeited i the portable sign is not
removed on or before expiration of the permit.
2. Portable signs may be displayed on a lot for sixty (60) perm't days per calendar year.
Permits shall not be issued for a period less than 15 days.
3. Portable signs shall be secured against overturning.
C. Pennant si�ns shall be regulated as follows:
1. Pennant signs shall not interfere with utility lines.
2. Cabling,tie-downs or tether lines shall not be located on or across ublic property
3. A bond in the amount of fifty dollars ($50.00) shall be requir d for each pennant sign
permitted under this ordinance. Said bond shall be forfeited i the pennant sign is not
removed on or before expiration of the permit
4. Pennant signs may be displayed on a lot for sixty (60)permit days er calendar year. Permits
shall not be issued for a period less than 15 days.
50.80.750
NONCONFORMING SIGNS
a) Any sign lawfully existing prior to October 7, 1976 which d es not conform with the
provisions of this code, shall be deemed a legal nonconforming sign.
b) Any sign which has a valid permit, but does not conform with the provision of this code,
shall be deemed a legal nonconforming sign. A legal non-conforming sign shall be
permitted to remain unless:
1) The type, size,height, location or illumination is changed.
2) The sign is damaged or destroyed.
3) The sign has been abandoned.
c)A nonconforming sign which has been brought into full compliance with this ordinance shall
be assessed the minimum fee as set forth in the fee schedule.
50.80.760
SIGNS IN PUBLIC RIGHT-OF-WAY - No sign shall be erected in the public right-of-way
except for the following:
a) Public signs erected by or on behalf of a governmental body to identify public property,
convey public information and direct or regulate pedestrian or vehicular traffic.
b) Informational signs by a public utility regarding poles, lines,pipes or facilities.
c) Awning, canopy, marquee, projecting and suspended signs in conformity with Table 4
and other applicable sections of this ordinance.
50.80.770
SIGNS EXEMPT FROM REGULATION - The following signs shall be exempt from regulation
under this ordinance.
a) Any public notice or warning required by a valid and applicable federal, sta.te or local
law,regulation or ordinance.
b) Any sign inside a building, not attached to a window or door, that is not legible from a
distance six feet(6')beyond the lot line of the lot or paxcel on which such sign is located.
c) Works of art that do not include a commercial message.
d) Holiday lights and decorations with no commercial message.
e) Traffic control signs on private property, such as Stop, Yield, and similar signs, the face
of which, meet Department of Transportation standards and which contain no commercial
message of any sort.
� Signs on vehicles regularly and customarily used to transport persons or property for a
business.
g) Signs or graphics on outside vending machines provided such machines are not part of
the principal use of the lot.
50.80.780
SIGNS PROHIBITED - All signs not expressly permitted under this ordinance are prohibited in
the city. Such signs include,but are not limited to:
a) Beacons, search lights and flashing signs
b) Signs imitating or resembling official traffic or government signs or signals
c) Signs attached to trees, telephone poles, public benches, street lights, street signs or
placed on any public property or public right-of-way
d) Signs attached to organic or inorganic natural matter
e) Signs which obstruct any required egress from a building or structure
� Abandoned signs
g) Signs placed on vehicles or trailers which are parked or located for the primary purpose
of displaying said signs.
50.80.790
SIGNS FORFEITED - Any sign installed or placed on public property, except in conformance
with the requirements of this section, shall be forfeited to the public and subject to confiscation.
In addition to other remedies hereunder,the city shall have the right to recover from the owner or
person placing such a sign the full costs of removal and disposal of such sign.
50.80.800
DESIGN, CONSTRUCTION AND MAINTENANCE - All permanent signs shall be designed,
constructed and maintained in accordance with the following standards:
a) All signs shall comply with the applicable provisions of the Uniform Building Code and
National Electric Code at all times.
b) All signs shall be constructed of permanent materials and shall be permanently attached
to the ground, a building or another structure by direct attachment to a rigid wall, frame
or structure.
c) All permanent signs shall be constructed to withstand a wind load pressure of thirty (30)
pounds per square foot.
d) Signs shall be maintained in a safe and legible condition at all times including the
replacement of defective or damaged parts, painting, repainting, cleaning and other
services required for maintenance of said signs. Signs that are not maintained shall be
removed or brought into compliance immediately upon written notice.
FIRST READING: November 10, 1998
SECOND READING: November 24, 1998
PUBLISHED: December 1, 1998
CITY OF BROOKINGS
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, Mayor
TTEST: 1�'�
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� �Officer
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NOTICE OF ZONING HEARING
NOTICE IS HEREBY GIVEN that at the regular meeting of the Board of Commissioners
of the City of Brookings, South Dakota,to be held at 7:30 o'clock p.m. on Tuesday,November
24, 1998 in the Commission Chambers of City Hall, in said City,there will be brought up for
consideration and adoption with or without amendment or revision an Ordinance proposing to
amend:
The 1994 Revised Zoning Ordinance regarding sign regulations.
At which time and place all persons interested will be given a full, fair and complete
hearing thereon.
Dated at Brookings, South Dakota this 10`''day of November, 1998.
Theo. C. Kryger
City Finance Officer