The intent of this [Article] is to establish requirements for placement, installation and maintenance of business and advertising signs, in order to preserve and protect the health, safety, welfare and general well-being of the community's citizens. As regulation of placement, construction and maintenance of buildings and structures is a valid use of the police power, so too is regulation of placement, installation and maintenance of signs, since such signs in the literal sense must ordinarily be considered structures, and in a practical sense are capable of producing many of the same nuisances as are produced by buildings.

Regulation of placement, installation and maintenance of signs is further justified by their purpose which is to draw mental attention to them, potentially to the detriment of sound driving practices and to the safety of the motoring public to which a majority of signs are oriented. Therefore, it is the intent of the [Article] to regulate the size and location of business and advertising signs so that their purpose can be served without unduly interfering with motorists and causing unsafe conditions.

Finally, it is the objective of this [Article] to protect and preserve the aesthetic qualities of the community by regulating placement, installation and maintenance of signs. The fact that such signs are intended to command visual contact grants to business and advertising signs a proportionately greater role than other structures in determining the overall aesthetic quality of the community. The aesthetic impact of business and advertising signs is an economic fact which may bear heavily upon the enjoyment and value of property; therefore the regulation of signs is validly justified on the basis of conserving the value of property and encouraging the most appropriate use of land throughout the municipality. It is contended that it is not irrational for a community's citizens to plan their physical surroundings in such a way that unsightliness is minimized.

With this purpose in mind, it is the intent of the [Article] to authorize the use of business and advertising signs which are:

a.

Compatible with their surroundings;

b.

Appropriate to the type of activity to which they pertain;

c.

Expressive of the identify of the individual proprietors or of the community as a whole;

d.

Large enough to convey a message about the owner or occupants of a particular property, the products or services available on such property, or the business activities conducted on such property, yet small enough to preserve and protect the natural beauty of the town and limit distractions to motorists.

In addition to the definitions set forth in Article 3 of this Ordinance, the following definitions relate to signs:

9-2.1.

DISPLAY SURFACE AREA: That area of a sign including the entire area within a regular geometric shape or combination of regular geometric shapes enclosing all of the elements of informational or representational matter displayed, including blank masking or any surface shape intended to convey ideas, information, or meaning. Frames or structural members not bearing informational or representation matter shall not be included in calculating the display surface area.

9-2.2.

HEIGHT: Distance from top of sign to crown of road.

9-2.3.

PREMISES: The contiguous land in the same ownership which is not divided by any public highway, street or alley or right-of-way.

9-2.4.

ROOF LINE: Either the edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.

9-2.5.

SIGN: Any object, device, display, or structure, or part thereof, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images, provided however, that the following shall not be included in the application of the regulations herein:

a.

Signs not exceeding one square foot in area and bearing only property numbers, post office box numbers, names of occupants of premises, or other identification of premises not having commercial connotations.

b.

Flags and insignia of any government except when displayed in connection with commercial promotion.

c.

Legal notices, identification, informational, or directional signs erected or required by governmental bodies.

d.

Integral decorative or architectural features of buildings except letters, trademarks, moving parts, or moving lights.

e.

Signs directing and guiding traffic within private property, but bearing no advertising matter.

9-2.6.

SIGN, ADVERTISING: Any sign which relates in its subject matter to products, accommodations, services, or activities sold or offered elsewhere than upon the premises on which such sign is located. Mobile signs and portable signs may be advertising signs, and advertising signs include, but are not limited to, those signs commonly referred to as outdoor advertising signs, billboards, or poster boards.

9-2.7.

SIGN, BENCH: A sign painted, located on, or attached to any part of the surface of a bench, seat, or chair placed on or adjacent to a public place or roadway.

9-2.8.

SIGN, BUSINESS: A sign that directs attention to a business or profession conducted, or to a commodity or service sold, offered, or manufactured or to an entertainment offered on the premises where the sign is located. Mobile signs and portable signs may be business signs, but billboards or advertising signs as defined in Section 11-2.6 are not business signs.

9-2.9.

SIGN, CANOPY: Any sign mounted under any canopy, marquee, or awning.

9-2.10.

SIGN, CHANGING MESSAGE: Any electrically or electronically controlled sign where different messages are shown such as but not limited to time and temperature information.

9-2.11.

SIGN, COPY: All words, letters, numbers, figures, characters, art works, symbols, or insignia that are used on a display surface area.

9-2.12.

SIGN, DIRECTIONAL: Non-advertising directional sign or symbol (entrance, exit, no parking, in, out, arrow, etc.) located on and pertaining to a given premise.

9-2.13.

SIGN, DIRECTORY: A sign listing the tenants or occupants of a building or group of buildings and that may indicate their respective professions or business activities. When an identification of an entity is placed on a common directory board with identical uniform style and size of letters, such identity shall not be defined as a separate sign but considered as a part of a directory board sign.

9-2.14.

SIGN, FLASHING: A sign which contains an intermittent or flashing light source or gives the illusion thereof and contains no written changing message.

9-2.15.

SIGN, FREESTANDING: A sign which is permanently affixed to the ground and which is not a part of a building or other structure.

9-2.16.

SIGN, GROUND OR MONUMENT-TYPE: A freestanding sign which extends from the ground or is attached directly to the ground generally for the entire length of its bottom sign face dimension or which has a support which places the bottom of the sign less than twelve (12) inches from the ground.

9-2.17.

SIGN, ILLUMINATED: Any sign which emanates lights(s), either by means of exposed tubing or lamps on its surface, or by means of illumination transmitted through the sign faces.

9-2.18.

SIGN, MARQUEE: Any hood or awning of permanent construction projecting from the wall of a building above an entrance and extending over a thoroughfare.

9-2.19.

SIGN, MOBILE: A sign which may be moved from one location to another, is not permanently affixed to the ground, and is differentiated from a "portable sign" in that it may be equipped for transporting by motor vehicle or other mechanical means and includes signs referred to as trailer signs. Such signs may be considered as either business signs or advertising signs according to their utilization.

9-2.20.

SIGN, NONCONFORMING: Any sign that was legally in existence prior to this Ordinance and made illegal by this Ordinance.

9-2.21.

SIGN, PORTABLE: A sign that is not permanent, affixed to a building, structure, or the ground.

9-2.22.

SIGN, PROJECTING: A sign attached to a building or other structure and extending more than twelve (12) inches beyond that portion of the building or structure to which it is attached.

9-2.23.

SIGN, PYLON: A freestanding sign supported by one or more structures or poles that are placed on, or anchored in, the ground, or other surface and otherwise separated from the ground more than twelve (12) inches by air, generally over seven (7) feet in height, and that is independent from any building or other structure.

9-2.24.

SIGN, REAL ESTATE: A "For Sale," "Rent," or "Lease" sign.

9-2.25.

SIGN, REVOLVING: Any sign or portion of a sign that moves in a revolving or similar manner.

9-2.26.

SIGN, ROOF: Any sign extending above the highest portion of the building upon which it is mounted.

9-2.27.

SIGN, WALL: Any sign attached flat and parallel to the exterior wall or surface of a building or other structure and which projects not more than twelve (12) inches from that wall or surface.

9-2.28.

SIGN, WINDBLOWN: Any spinner, flag, bunting, banner or other sign or device that may be moved by the wind or other movements of the atmosphere.

9-2.29.

SIGN, WINDOW: Any sign mounted inside a window for purposes of viewing from the outside, not to include merchandise on display.

9-3.1.

PERMITS.

(a)

Permit Required: It shall be unlawful to erect, construct, alter or display in the Town any sign without first obtaining a permit indicating compliance with the provisions and regulations of this Ordinance.

This section shall not be construed to require any permit for a change of copy on any existing sign, not for the repainting, cleaning and other normal maintenance or repair of a sign for which a permit has previously been issued, as long as the sign is not modified in any way. A permit shall be required for a new business making any change on any existing sign.

Every sign permit issued by the Building Official shall become null and void if the sign is not erected or completed within one hundred and eighty (180) days. In the event the applicant wishes to extend the permit he shall do so as set forth in the Standard Building Code.

(b)

Application for Permit: All applications for permits required by this Ordinance shall be filed by the General Contractor (Class A or B); Sign Manufacturer, Sign Painter or property owner together with the proper fee established herein in the Office of the Building Official upon forms furnished by the Town. Said applications shall be complete and accurately filled out. If the permit is not filed by the property owner, then attached to the application shall be the written permission properly notarized for the erection of such sign from the owner or his agent of the property to contain such sign.

(c)

Issuance of Permit: The Building Official shall issue to all applicants complying with this Ordinance a written permit evidencing such compliance.

(d)

Inspection: After inspection of the sign, the Building Official shall affix an identification tag bearing the legend:

"TOWN OF BATESBURG-LEESVILLE SIGN PERMIT #_________" and the permit number. The identification tag shall be permanently attached to the sign or its supporting structure in such a manner as to be visible from the street or roadway.

When applicable, inspections are required for all foundations and footings, framing, setbacks and heights. The Building Official, upon notification from the permit holder or his agent, shall make the inspections of the sign and such other inspections as may be necessary, or shall notify the permit holder or his agent wherein the same fails to comply with the requirements of this Ordinance or the requirements of the Standard Building Code.

(e)

Fees: Fees shall be in accordance with "Batesburg-Leesville Sign Permit Fee Schedule."

(f)

License: Any sign other than those exempted by this Ordinance shall be erected only by a person, firm or corporation licensed under the Town Business License Ordinance to do business as a sign manufacturer, general contractor (Class A or B) or sign painter, such license to be renewed annually.

(a)

Compliance Required: All signs shall comply with the provisions and regulations of this Ordinance.

(b)

Removal of Signs: Signs shall be removed under any of the following conditions:

(i)

Any sign erected, constructed, altered or displayed without a sign permit and identification tag.

(ii)

Any sign not conforming to the Standard Building Code.

(iii)

Any sign not maintained according to the provisions of Article 9.

(iv)

Any sign now or hereafter existing and in conformance with this Ordinance which advertises a business no longer conducted, or a product no longer sold shall have the sign copy removed within thirty (30) days after written notification from the Building Official, or sixty (60) days after termination of the business or product, whichever comes first.

(v)

Any nonconforming sign which advertises a business no longer conducted, or a product no longer sold shall be removed within thirty (30) days after written notification from the Zoning Administrator or sixty (60) days after termination of the business or product, whichever comes first.

(vi)

Any sign which advertises a business where the sign no longer represents the business on the premises shall be removed or altered to conform to the present Ordinance requirements, and a new sign permit shall be required.

(vii)

Subject to the provisions of Article 9, any sign that becomes nonconforming under this Ordinance which is more than thirty three and one-third percent (33.3%) destroyed based on current dollar value, shall be removed or altered to conform to present Ordinance requirements, and a new permit shall be required.

(c)

Upon adoption of this Ordinance, all legal, nonconforming signs within the Town of Batesburg-Leesville shall comply with Article 9.

Signs shall be maintained as follows:

9-5.1.

Signs shall be kept clean, neatly painted and free from all hazards such as, but not limited to, faulty wiring, loose fastenings and sharp or otherwise dangerous protrusions; and must be maintained at all times not to be detrimental to the public health and safety. No sign shall be allowed to deteriorate to a condition in which it is unsightly in appearance or to a condition in which it requires repairs or renovations in an amount which exceeds forty (40%) percent of its current replacement cost. Signs which deteriorate to such a condition are deemed to be in violation of this Ordinance and as such, must be either removed or improved or the person responsible for maintaining the sign shall be subject to the penalties hereinafter provided for the violation of this Ordinance.

9-5.2.

Weeds shall be kept cut and no trash or rubbish shall be allowed to accumulate in the area immediately surrounding a sign.

9-5.3.

It is prohibited to maintain any structure formerly used as a sign and not in use for any other purpose for more than sixty (60) days after its use as a sign has ceased. After this period, the town may cause removal at the owner's expense.

This [Article] shall be enforced in the following manner:

9-6.1.

The Zoning Administrator shall be the enforcing official and is charged with the duty of administering the provisions of this [Article] and securing compliance herewith. In furtherance of this responsibility, the enforcing official shall:

a.

Make such inspections as may be necessary to effectuate the purposes and intent of this [Article] and to initiate appropriate action to bring about compliance with this [Article] if such inspection discloses any instance of non-compliance.

b.

Investigate thoroughly any complaints of alleged violations of this [Article] , and indicate clearly in writing, as a public record in his office the disposition made of such complaints.

c.

Order in writing, as set out below, the remedy of all conditions or all violations of the Article found to exist in or on any premises.

d.

State in the violation order a time limit for compliance herewith as hereinafter set out.

e.

Request the assistance of the Town Attorney and/or the State Attorney in taking appropriate legal action upon the failure of the responsible party to comply with such violation order by the time specified therein.

9-6.2.

The enforcing official or his agent is authorized and directed to lawfully enter in and upon all premises at reasonable times to determine their condition insofar as the provisions of this [Article] are applicable, and to obtain search warrants when necessary to do so.

9-6.3.

Whenever the enforcing official determines that a violation of this [Article] exists, he shall take action as follows:

a.

Give written notice of the violation to the occupant and the owner shown on the most recent tax roll of the Town, and to the holder of the certificate of occupancy, if different from both the occupant and owner.

9-6.4.

SERVICE OF NOTICE.

a.

Service of a written notice is required by this [Article] and shall be deemed complete if the notice is personally delivered to the person or persons required under the provisions of this [Article] to be served with such notice, and if the same cannot reasonably be personally delivered within the Town, then service shall be deemed complete upon sending same by certified mail, return receipt requested, to the last known address of such person or persons and by posting a copy of such notice in a conspicuous place on the premises.

b.

The enforcing official shall endorse on a retained copy of the written notice the manner of service of the notice or notices as are hereby required.

9-6.5.

EFFECT OF NOTICE.

When a notice served in accordance with this [Article] is not appealed within the time limit prescribed hereinafter, or when such a notice is appealed and the decision of the enforcing official is not reversed, or when no appeal is provided for herein, the notice becomes an order. If the notice is appealed and modified, the modified notice becomes an order. Such an order shall be effective as to every day the violation continues, from the first day of the order until the date the order is complied with.

9-6.6.

ENFORCEMENT PROCEDURES.

When a notice of violation becomes an order, the enforcing official shall take such steps as are necessary to enforce compliance with the order. Such steps may include, but are not limited to:

a.

Requesting the assistance of the State Attorney to prosecute for each day of violation, from the first date of the order until the order is complied with.

b.

Requesting the assistance of the Town Attorney to seek injunctive or other relief.

c.

Initiating proceedings for revoking the certificate of occupancy for the premises on which the violation occurred.

9-7.1.

Appeals: There is hereby established an appeals board for violations of this Article. The Zoning Board of Appeals shall serve and perform the duties of such appeals board under the provisions set forth under Section 1 of the Zoning Ordinance.

9-7.2.

Variances: Any person aggrieved by the effect of this [Article] upon signs may petition to the Board of Appeals for a variance, following procedures and criteria outlined in Section 1 of the Zoning Ordinance.

It shall be unlawful for any person to erect, cause to be erected, maintain, or cause to be maintained any sign without full compliance with the restrictions, requirements and provisions of this [Article] , or to otherwise violate any provisions of this Ordinance. Each day a violation occurs or continues, regardless of whether such violation is ultimately corrected, shall constitute a separate offense. Any person convicted of violating any provisions of this [Article] shall be punished as provided in Code of Ordinances of the Town of Batesburg-Leesville, South Carolina.

9-9.1.

No sign shall be attached to or placed against a building in such a way as to prevent egress through any door or window required or designed for access to any building, nor shall any sign obstruct or be attached to a fire escape.

9-9.2.

No sign shall be erected in such a manner as to obstruct the view of roads from pedestrian walks.

9-9.3.

No sign between a height of two and one-half (2½) feet and nine (9) feet above the center line grades of intersecting streets shall be permitted within twenty (20) feet of the intersection of the right-of-way lines of two streets, or of a street and a railroad, or of a driveway or alley and a street. Any sign between two and one-half (2½) and nine (9) feet in height located between twenty (20) and twenty-five (25) feet of a driveway shall be setback at least ten (10) feet from the right-of-way of any street to which the driveway provides access.

9-9.4.

Signs imitating traffic or emergency signals: No sign shall be permitted which imitates an official traffic sign or signal, or contains words or symbols displayed in a manner which might mislead or confuse drivers of vehicles, or which displays intermittent lights resembling the color, size, shape or order of lights customarily used in traffic signals or on emergency vehicles or law enforcement vehicles, except as a part of a permitted private or public traffic control sign.

9-9.5.

Any lights used for sign illumination shall be so designed as to concentrate the illumination upon the sign and shall not glare upon the street or upon adjacent property.

9-9.6.

Flashing, windblown pennants and revolving signs are prohibited. Windblown banners with text are permitted under the portable sign provisions, provided that they have a sign permit, are limited in area to fifty (50) square feet if not attached to the building, and are used for one period a year, not to exceed thirty (30) days.

9-9.7.

Signs displaying any statements, words, character or illustrations that do not meet community standards as deemed by the Town Council are discouraged.

9-9.8.

Signs attached to any tree, shrub or utility pole are prohibited.

9-9.9.

It is prohibited to maintain upon any sign any commercial message, except one which advertises some product, service, activity, event, person, institution or business located on the premises where the sign is located, or the sale or rental of such premises except where permitted in [the] Section regarding Off-Premises Advertising.

9-9.10.

Roof signs are prohibited.

9-9.11.

Signs on vehicles either attached to or painted on vehicles or any type which are conspicuously parked in close proximity to the right-of-way and are obviously parked in such a way to advertise any business to the passing motorist or pedestrian are prohibited.

9-9.12.

Any sign placed on or in any public right-of-way is prohibited.

9-9.13.

Off-premises advertising signs are prohibited.

(Ord. of 5-8-2006)

The following signs may be erected without a permit, subject however to the remaining requirements of these regulations:

9-10.1.

Occupational signs denoting only the name, street number and occupation of an occupant in a professional office, medical clinic, or nursing home, not exceeding four (4) square feet in surface area.

9-10.2.

Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other non-combustible material.

9-10.3.

In Residential Districts one (1) real estate sign not exceeding four (4) square feet.

9-10.4.

Temporary campaign signs which relate to a candidate or candidates for public office or to a ballot measure which shall be confined wholly to placement on private property and shall be removed within five (5) days after the election or elections. Each parcel is limited to one sign per office or ballot measure. Surface area shall be a maximum of 4.5 square feet with no lights. Campaign signs must adhere to the vision clearance regulations at intersections as contained in Section 6-8. The regulations of this section do not prohibit purchase of advertising space on permitted advertising signs in addition to the signs permitted herein.

9-10.5.

Civic club, religious, public and eleemosynary organization signs not exceeding four (4) square feet whether on or off the premises, provided these signs are not located in the public right-of-way.

9-10.6.

Directory signs not exceeding ten (10) square feet, and giving the name and/or occupation of the occupants of the building or buildings. When the identification of any entity is placed on a directory sign, such identification shall not be counted as a separate sign, so long as all lettering on the directory is of uniform style, size and coloration, and such identification does not exceed one (1) square foot in area.

9-10.7.

Temporary garage sale signs in residential districts. Limitations: advertisement contained on any garage sale sign shall be limited to "Garage Sale" and address only and shall not exceed four (4) square feet in surface area. Only one sign shall be posted advertising the sale, and that sign shall be on private property of the person conducting the sale.

9-10.8.

Business identification signs painted on or otherwise attached to motor vehicles.

9-10.9.

"Bumper stickers" attached to motor vehicles.

9-10.10.

Window signs.

9-10.11.

Banner signs as approved by the Zoning Administrator.

9-10.12.

One (1) temporary sign at each entrance announcing a land subdivision development, provided that such sign does not exceed fifty (50) square feet in area, is set back at least twenty (20) feet from any property line, and is removed not more than thirty (30) days from such time as fifty-one (51) percent of the lots are conveyed.

9-10.13.

One (1) sign each of craftsmen, artisans, house painters, contractors, or subcontractors during the period that such persons are performing repair, remodeling, repainting or improvement work on the premises on which such signs are erected, provided that the size of such signs is not in excess of four (4) square feet and that such signs are removed immediately upon completion of the work.

9-10.14.

One (1) sign displaying the names of building contractor, architects, engineers, and similar information upon the premises or any work under construction or any work of major repair or improvement, provided that the sign does not exceed fifty (50) square feet in area is removed within seven (7) days after completion of the work.

Signs are permitted in the R-1, R-2, R-3, and PDD districts subject to the following regulations:

9-11.1.

SIGNS EXCLUDED FROM REGULATION BY DEFINITION: Those signs excluded from regulation by Section 9-2.5 are permitted.

9-11.2.

EXEMPTED SIGNS: Exempted signs permitted in all districts as provided in Section 9-10 shall be permitted.

9-11.3.

PERMANENT SUBDIVISION SIGNS: Permanent signs displaying no information other than the name of the residential land subdivision in which they are located shall be permitted provided that such signs do not exceed twenty (20) square feet in area, do not encroach upon vision clearances established in Section 6-8, and are maintained in accordance with provisions of Section 9-5. One sign per entrance is allowed. In newly developed properties, the property owner shall be responsible for providing one (1) square foot of planting or lawn for every two (2) square feet of sign within the immediate location of the sign. All such planting plans will be approved by the Zoning Administrator.

9-11.4.

GROUP RESIDENTIAL USES AND NON-RESIDENTIAL USES Signs relating to permitted group housing developments, mobile home parks, residential high rise structures, and permitted non-residential uses of a recreational, civic, charitable, fraternal, cultural, religious, educational, institutional, governmental and service nature, and not elsewhere regulated or specified, may be erected, subject to the following provisions:

a.

Size: Not to exceed twenty (20) square feet of display surface area per street frontage.

b.

Location: Not to exceed one (1) sign per street frontage. If building mounted, such signs shall be flat wall signs.

c.

Height: If building mounted, such signs shall not project above the roof line. If freestanding, such signs shall not exceed four (4) feet above ground level when located in required front yards, or six (6) feet above ground level when located elsewhere. All vision clearances established by Sections 6-8 must be observed.

d.

Setbacks: Setbacks for ground signs shall be a minimum of five (5) feet from the legal front property line. Setbacks from the side and rear property lines shall be a minimum of ten (10) feet except as otherwise set out in this Ordinance.

e.

Additional signs allowed: In addition to those signs allowed under a, b, and c above, not more than one bulletin or notice board displaying information related to activities or services conducted or offered on the premises may be erected provided that display surface area of such bulletin or notice board does not exceed twenty (20) square feet.

9-11.5.

DIRECTIONAL SIGNS SHALL REQUIRE A PERMIT: One directional sign, not to exceed four (4) square feet in area may be placed at each entrance and exist to a premise. Directional signs are not included toward sign totals.

9-11.6.

ADVERTISING SIGNS: Advertising signs are prohibited in residential districts except as defined per Section 8-5.8.

(Ord. of 9-9-2002)

Signs are permitted in the C-1, C-2, and I-1 and the PDD districts [subject to the following regulations:]

9-12.1.

ADVERTISING SIGNS Advertising signs are permitted in C-1, C-2 and I-1 districts.

9-12.2.

TEMPORARY CAMPAIGN SIGNS: Temporary campaign signs are permitted subject to the provisions of Section 9-10.4.

9-12.3.

SIGNS PERMITTED AS IN RESIDENTIAL DISTRICTS: Sign excluded from regulation by definition, temporary signs, permanent subdivision signs, group residential use signs, and non-residential use signs shall be permitted as for residential districts, provided, however, that signs meeting the following requirements shall also be permitted, and that the least restrictive requirements for either residential or non-residential districts shall prevail in non-residential districts.

9-12.4.

DISPLAY SURFACE AREA OF SIGNS: Measurement of sign area will be conducted as follows: where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except where two such faces are placed back to back and are at no point more than two (2) feet from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area. Where a sign consists solely of lettering or other sign elements printed or mounted on a wall of a building without any distinguishing border, panel or background, any blank rectangular area which is more than ten (10) percent of the area of the sign as otherwise computed shall be disregarded. All of the lettering and other sign elements printed or painted upon a wall of a building without any distinguishing border, panel or background and pertaining to the same enterprise shall be treated as a single sign for purposes of area computation.

a.

For signs attached to buildings, the sum total of their area must not exceed fifteen percent (15%) of the first story wall to which they are attached. This wall must face a public street or parking lot. Each business within a shopping center for which a separate occupational license has been issued shall be permitted one wall sign not to exceed fifteen percent (15%) of the area of its own individual exterior wall facing a public street or parking lot.

b.

Freestanding signs for individual businesses on separate lots are limited to a maximum of seventy (70) square feet for the entire lot.

c.

When more than one business is located on one lot in a shopping center, the maximum permitted area of the freestanding sign is one hundred-fifty (150) square feet for the whole shopping center.

d.

On-premises, freestanding signs within five hundred (500) feet of an Interstate highway may be up to one hundred-fifty (150) square feet in area.

9-12.5.

NUMBER OF SIGNS.

a.

For signs attached to buildings, there can be any number of signs on a particular wall directly facing a public street or parking lot, but their area must not exceed the requirements of Section 9-12.4.a above.

b.

Only one (1) freestanding sign is permitted per parcel.

c.

Signs located on interiors of enclosed malls are exempt.

9-12.6.

HEIGHT LIMITATIONS.

a.

Freestanding on-premises signs in all other commercial and industrial areas of the Town: twenty (20) feet.

b.

On-premises, freestanding signs, within five hundred (500) feet of an Interstate, shall be permitted up to forty (40) feet in height outright. These signs may be a maximum of seventy-five (75) feet in height provided that an additional foot in sign setback is created for each additional three (3) feet in height over forty (40) feet.

c.

Projecting signs: No projecting sign shall project above the highest point of the roof of the structure to which it is attached. No projecting sign shall be supported by any visible guy, braces, or supports of any kind. Internal supports only shall be allowed.

d.

In the I-1 zone no freestanding sign shall exceed the height of thirty-five (35) feet except that on property adjacent to Interstate highways.

9-12.7.

LOCATION.

a.

Wall signs may be located anywhere on any wall of a building.

b.

Setbacks for freestanding signs: Setbacks for freestanding signs shall be a minimum of 10 feet from the front property line, and 3 feet from the side property lines.

c.

No sign within a commercial or industrial district shall be erected within ten (10) feet of any residential district boundary line unless such sign would meet the sign requirements for non-residential uses permitted within the residential district to which it is adjacent.

9-12.8.

PORTABLE SIGNS AND BANNERS: Portable signs and banners are prohibited in the Town of Batesburg-Leesville except in compliance with the following:

a.

If a sign permit for a specified length of time for the portable sign or banner has been issued to the business. Each parcel is permitted one portable sign or banner permit per year. The portable sign shall be removed from the parcel by the business immediately upon expiration of the sign permit.

b.

If the sign or banner with text will be in place on the parcel for no more than one period of time per year, such period not to exceed thirty (30) consecutive days annually.

c.

If the portable sign or banner is securely tied down and/or in accordance with the Standard Building Code, whichever is applicable, to ensure public safety.

d.

If the portable sign is internally lit, it must have a UL label or equivalent and it must have permanently installed electrical service from a permanent structure.

e.

Setbacks shall be as specified in Section 9-12.7. The Building Official may impose special setback requirements if a situation requires doing so.

f.

If the freestanding portable sign or banner does not exceed fifty (50) square feet. Banners with text attached to walls may not exceed fifteen percent (15%) of the first floor wall surface to which they are attached.

g.

If the portable sign or banner has not been erected in a required parking space.

h.

If the portable sign has no flashing lights.

9-12.9.

BENCH SIGNS: Bench signs are permitted, subject to the following restrictions:

a.

Only one advertisement per bench;

b.

The maximum dimensions of the bench sign shall be 8 feet in length by 2 feet in height;

c.

Only one bench sign per business.

9-12.10.

DIRECTIONAL SIGNS SHALL REQUIRE A PERMIT: One directional sign not to exceed four (4) square feet in area may be placed at each entrance and exit to a business. Directional signage which includes advertising messages, business names, or logos will be counted as a portion of the total allowable square footage for the freestanding sign on the property. Directional signs without such information are not included towards sign totals.

9-12.11.

One (1) sign used to display menus at restaurant drive-thrus limited to a size of thirty (30) square feet.

9-12.12.

Real estate signs in business and industrial zoning districts may be erected by owner or agent of property, not to exceed thirty-two (32) square feet. Signs shall conform to the remaining requirements of this Ordinance.

9-12.13.

The contractor shall be responsible for cleaning and removing all trash, rubbish and rock caused by the installation of the sign.

No specific regulations are imposed upon signs located PDD district. However, it is the intent of this Ordinance that signs within districts be appropriate for the locations in which they are established, and that regulations governing the display surface area, number, location, and height of signs should be generally followed as for the least restrictive zone related to site size of the development.

9-14.1.

INTENT.

Outdoor advertising signs are herein regulated in the interest of promoting traffic safety, safeguarding public health and preventing adverse community appearance and the overcrowding of land, and protecting the character of the area in which they are located. The regulations are designed to permit maximum legibility and effectiveness of signs and to prevent their over-concentration, improper placement, and excessive height, bulk, and area. it is recognized that, unlike on-premise signs which are in actuality a part of a business, outdoor advertising is a separate and distinct business. With a view to this distinction, outdoor advertising signs are regulated differently from on-premises signs. In general, it is intended that outdoor advertising signs be located away from residential areas, that such signs be regulated to permit industry standard size signs, to protect the character of the area wherein outdoor advertising signs are located and to conserve property values in these areas, and that outdoor advertising signs be located away from adjoining properties and nearby buildings to prevent damage from wind toppled signs.

9-14.2.

Design Regulations: All outdoor advertising signs shall be consistent with all definitions and shall comply with all standards and regulations of this code. Except for ordinary maintenance, poster panel replacements, copy changes or repair not involving structural, material or electrical changes, no outdoor advertising signs, or part thereof, shall be erected, altered, constructed, changed, converted, enlarged or moved unless in conformity with this code.

a.

Area of Outdoor Advertising Signs: No outdoor advertising sign, including any cut-out areas, may exceed six hundred and seventy-five (675) square feet area, with a maximum length of sixty (60) feet. The sign area is measured by finding the area of the minimum imaginary rectangle or square of vertical and horizontal lines which fully enclose all extremities of the sign, excluding supports, the base or apron unless such copy, message, announcement, or, decoration appears on the base or apron. The allowable sign area of signs with equal size and shape for both double faced (back-to-back and V-type signs is measured by computing the area of only one (1) side of the sign.

b.

Height: No outdoor advertising sign, including cut-outs; base or apron; supports, supporting buildings or structures; and trim may exceed the established building height limitation, as provided in this chapter, for the zoning district wherein the sign is located.

c.

Construction Standards:

(i)

Compliance with Building Codes: All signs shall comply with the appropriate detailed provisions of the South Carolina and city building codes, the National Electric Code and other provisions of the Code of the Town of Batesburg-Leesville.

(ii)

Clearance from High Voltage Power Lines: Outdoor advertising signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the National Electric Code provided that in no case shall an outdoor advertising sign be erected closer than 10 feet horizontally or vertically from any conductor or public utility guy wire.

(iii)

Corner Lots: To prevent obstructions to motorists, on any corner lot, no part of an outdoor advertising sign may be located within a triangular area formed by the street rights-of-way lines and a line connecting them at points fifty (50) feet from the rights-of-way intersection.

(iv)

Setback Requirements: All outdoor advertising signs with an area greater than two hundred (200) square feet must be set back from any building or property line a distance, measured from the front and back faces of the sign, equal to the height of the outdoor advertising sign, unless the sign is a wall sign or is constructed to withstand minimum wind velocity pressures of thirty (30) pounds per square foot (PSF). Compliance with all other setback and yard requirements contained in this Section [is] applicable to outdoor advertising signs.

(v)

Spacing of Signs: Along major access corridors, outdoor advertising signs shall be located five hundred (500) feet apart. Along all other streets, outdoor advertising signs shall be located three hundred (300) feet apart. Off-premises signs, where permitted along Interstate highways, shall be at least two thousand (2,000) feet apart on the same side of the Interstate. Governmental signs and outdoor advertising signs no more than seventy-four (74) square feet in area which provide directional information about religious sites shall not be counted nor shall measurements be made from them for purposes of determining compliance with spacing requirements. The minimum distance between outdoor advertising signs shall be measured linearly along the nearest edge of the pavement between points directly opposite the sign. Spacing requirements shall apply only on outdoor advertising signs located on the same side of the street, highway, or expressway.

9-14.3.

SPECIFIC OUTDOOR ADVERTISING SIGN REGULATIONS: Outdoor advertising signs which comply with the provisions of this code and which contain no more than two (2) surfaces facing one (1) direction are permitted in [the] I-1 District within five-hundred (500) feet of Interstate highway right-of-ways.

9-14.4.

PROHIBITED SIGNS: See Section 12-9.

Any existing sign which is in violation of Sections 9-9.11, 9-12.5, 9-12.6, 9-12.7 or 9-14 shall display the proper permit. For additional regulations regarding nonconforming signs, please see Section 9-4.