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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 � Mayor ATTEST: �'U:^`�, ' t. �h��•9 ��. :'a�s.: o�. .•,��, - r` Finance Officer t f �! `,'t 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. � L 3 1 � t ! j IT , f 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. i 1 , t � t •i r� .O15 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 � ? ;t r . � a 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. . •T � 1 i t � .O/� 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 � t '1 } � 1 r . 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 , . ,_ � , , . 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 � t ' � l � 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 � L ' f ♦ 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 , , , , , , 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. . , , SECTION 50.80.520 � TABLE 1 PERMITTED SIGNS BY TYPE AND ZONING DISTRICT . � •ti., v:�:. . .4. �•.-. ". .. ";� f�: ' , � ,i:: .. " � � : � :y . • : ' .}•. .. .>.•• ':.<}., •-++. ;:. >r. .ti.. . ... :•. '{' :�'�%`:"' :`:3 .; ..`w:#• {•• .�'x . . . '. - 'ir+ .'+• ' :.. . .. . .. . 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. ,'� , 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. , y A � 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) ::�v4o-;y: - •:: • l:�.v�::x"' r :.. •. {:� Y-'�v j •k. ::., v ::. -; , .:' l: ?> ""s.. ;: • . '�""-:. tiy .`:r'i:;:''.^.^ }.}�... .`_:�v..., .�;: .{:i. ..•::: :. .-::' . .�,. , . .;.,-. :.�. .i•:: •::2'•.. .::i .. "v •t:."' •::. - : '::. • - • ' y� '•. y_ .. -jr:i-.�'�..�i-'._:5{:;rvy5,2-2, :ll} • . ..,� \Wiii: xt:fi}n••••:�\. i\v" �.. •, "" k:{i i:•.>-:��' :rf�•}h+ �ti.:{t'i:�:�':i•. ..f:.} 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 He t 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. ,� .. �. . � SECTION 50.80.550 TABLE 4 NUMBER AND DIMENSIONS OF CERTAIN 5IGNS BY SIGN TYPE � - �-.:� --f -. <:.:.. �... „ :. ...::.. .::.. .,.. . . .... ... � :. --. ..> .: . .:.. .:. : A . . . . ::n>...:,.:.¢��::, . .r.. , �::. ..:>' •• • - :x.»w::;;.»:•:.: •-=f-=•..�,:;{:..,.� <,.,,. ;�....... ..,:• .. • " ..r: .;:�^�"•:.:.;•;:>'.?•..r•%>:•....•.,C;$'}':•..."'•;.`v':..::cc�:::�'<r:�rr+::�:;,'-;<•�:;@. `-.;x;,;;:.;.>•:: .:j�, -.�t ' :" •. " ,c;- � I "K.'v ,�{� .}• ?•r<; • :i .v<i`j r?`.:.,::::t y v,.?•.�� `V ry ' 4 . . i�•' ..i f v `C. v'-x{?. ` ... ":!• :' . r:.�� :::/{�v.�.. r;., v�:,.{{�$•:h. ..::,, �:: ..��i.vx4i+i:: �~• -..:$+'y-�' .v/ ��+ :y'v:s;•i..};�'. ,:�v' :�%4 , �. . � ....•.;.,h,.".�.4��'l'�';y:�.v;m:.vv••ry::j.}r•;�? �""' .{��$}�' :k\•. :••.:n+.{:- '^::?�� iv+�v..:l. .�'yi: ..:::••:. •w " v .. , . . .... . •:•"".. ""v:r , " , .v:?.'•--.n":.}v . �. . {r n.{:•:}<Lh.. . .}$L�Q•,:J >+. v-�}.i. �f :{:}, •:{;;v •. .tiv.iYin.�ti+i�ii.$ii::{.. .h.. . • �'�' - i:;�t.-.}";...• - ..:T' ii\ .{y?:} ti.'. ti,. ''• ;r:g;':;�k',•;. .f`,-::� ::���':;�::. : . ': :::.,�: .:.,,.. � • -:: . ,���i. �. `�:: ti�: • «it:. '. � ':���r -' :,; .., �h . r .. �;.::. .:: . _+r, ::., . ' :• .;,: •:;: ::;'.. .;: .:.,• •':�'�'�.�` �:. • :y,•;?t,y::.'�; _:, .o.,�i?..,�`7,� .,.��.~.� ,,'>. ::: .i .:.. ::., :: . •�, 1.ttv.:-1 �:v ,�,v.. :.:. '\ :+3:::. " '/f.-::., ��'•:i:•. . .. .-.r• :-.:,... ... '•.. . .:± ... . _ ;.. ,. ' �'v 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. ,� , , . , , SECTION 50.80.560 TABLE 5 PERMITTED SIGN CHARACTERI5TICS BY ZONING DISTRICT _ , .. : . .. .. �,;:> :.:. . . : . n.-. - :. � ..:�� � .:. . ,._, ,. .:� <� ,,� _ .,:�::: � ,::.;;.. t. :.- - � :::��:,:. :,.� �==- .._ ,. -f.. . . . :.; .: ., . .:: . • ..>: ..<. �. ,: . - . .. .--.,...:. . -. . ...,...-- :, -, . - ,�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. ,, , � � 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 � � C� � ti��� � , Mayor TTEST: 1�'� �_ .� : - _ ! m �, � �Officer ; ', �. _ � � ,. . 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