A.

Short Title. These regulations shall be known and may be cited as the City of Belle Fourche Sign Ordinance.

B.

Applicability and Jurisdiction. The provisions of this chapter shall apply to the display, construction, erection, alteration, use, maintenance and location of all signs within the City of Belle Fourche. Signs shall be permitted in the various zoning districts as accessory uses in accordance with this chapter. It shall hereafter be unlawful for any person to erect, place, or maintain a sign in the city except in accordance with the provisions of this chapter. All new signs displayed, constructed, erected or altered after the date of the adoption of this chapter shall be in conformance with the provisions of this division. All signs that are existing at the time of the adoption of this chapter shall not be altered or enlarged without being brought into conformance with this chapter.

C.

Purpose. The intent of this chapter is to provide for the proper control of signs within the city. It is recognized that signs are a necessary means of visual communication for the convenience of the public and also for the benefit of businesses. This chapter is intended to provide a reasonable balance between the right of the individual to identify his or her business, the right of the individual to utilize signs for other legitimate purposes, and the right of the public to be protected against visual discord and clutter resulting from the unrestricted proliferation of signs. It is further intended that the public be protected from signs that are structurally unsafe or obscure the vision of motorists or conflict with necessary traffic signs.

(Ord. No. 7-2020, 7-6-2020)

A.

Sign Permit Required. No sign shall be displayed, erected, constructed, enlarged, or relocated without a permit thereof, issued by the City Building Inspector or designee.

B.

Administrative Official. The administrative official to administer and enforce this chapter shall be the Building Inspector. He/she may be provided with the assistance of such other persons as the Common Council may deem necessary for the successful enforcement of this chapter.

C.

Application Process. An application for a sign permit shall be filed with the Building Inspector for review. The application shall show the proposed location of the sign, dimensions, setbacks to property lines, and such other information as the Planning and Zoning Commission deems pertinent to the application.

1.

Permit Approval. The Building Inspector shall issue a sign permit within fourteen (14) days of receipt of a complete application that complies with all applicable laws and regulations of the City.

2.

Permit Denial. When a permit is denied by the Building Inspector, he or she shall give written notice to the applicant along with a brief statement of the reasons for denial within fourteen (14) days receipt of a complete application.

3.

Permit Suspension or Revocation. The Building Inspector may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application.

4.

Permit Expiration. A sign permit issued by the Building Inspector becomes null and void if work is not commenced within one hundred eighty (180) days of issuance or if work is not completed within one (1) year.

D.

Abandoned Signs. Abandoned signs shall be removed or brought into compliance within ninety (90) days of written notice from the Building Inspector.

E.

Loss of Legal Nonconforming Status. Nonconforming signs shall lose their legal nonconforming status if the structure or size of the sign is altered in any way except towards compliance with this chapter. This does not refer to change of copy or normal maintenance.

F.

Permit Fees. Building permit fees for signs regulated by this chapter shall be regulated by the current building code fee tables as adopted by the City.

G.

Permit Conditions, Refunds and Penalties. A permit issued by the Building Inspector becomes null and void if work is not commenced within one hundred eighty (180) days of issuance. If work authorized by the permit is suspended or abandoned for sixty (60) days, the permit must be renewed with an additional payment of one-half (½) of the original fee.

H.

Inspection Upon Completion.

1.

A person installing, altering, or relocating a sign for which a permit has been issued shall notify the Building Inspector upon completion of the work. The Building Inspector may require a final inspection, including an electrical inspection and inspection of footings on freestanding signs.

2.

The Building Inspector may require in writing upon issuance of a permit that he or she be notified for inspection prior to the installation of signs.

(Ord. No. 7-2020, 7-6-2020)

The intent of this section is to establish specific standards for the construction of signs within the City of Belle Fourche.

1.

Prohibited Signs. The following signs are prohibited from all zoning districts:

a.

Signs of a size, location, movement, coloring, or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic or street sign or signal;

b.

Signs that create a nuisance to persons using a public right-of-way;

c.

No part of any wall or projecting sign that is attached to a building shall be erected to a height greater than such building, unless the building and sign are architecturally integrated and designed as a unit.

d.

No sign shall be placed in any public right-of-way except: publicly owned signs, such as traffic-control signs and directional signs, or projecting signs that meet the requirements in subsection 17.37.040.B of this chapter.

2.

Exemptions. The following types of signs are exempt from obtaining a sign permit, but must be in conformance with all other requirements of this division:

a.

On-site traffic, directional/information signs of four (4) square feet or less and less than ten (10) feet in height;

b.

Holiday or special event decorations;

c.

Wall or projecting signs of two (2) square feet or less per public entrance per business or residence;

d.

Public signs or notices or any sign relating to an emergency;

e.

Signs affixed to gas pumps provided that such signs shall be limited to one (1) per pump island and shall be no larger than four (4) square feet per face;

f.

Window signs less than twenty-five (25) percent of the window area that are placed behind the surface of the window glass;

g.

Scoreboards on athletic fields;

h.

Flags of any nation or government; and,

i.

Gravestones.

3.

Temporary Signs.

a.

Temporary signs may be erected or posted for a period not to exceed sixty (60) days. Any sign posted for a longer period must meet the requirements for permanent signs.

b.

Temporary signs shall not exceed six (6) square feet in a residential district and shall not exceed thirty-two (32) square feet in all other districts.

c.

Temporary signs shall not be erected or otherwise fixed to any pole, tree, stone, fence, building, structure or any other object within the right-of-way of any street.

d.

Temporary signs shall not be suspended across public streets or other public places, except as permitted by the governing body.

e.

The number of temporary signs per site shall not exceed the following:

i.

Ten (10) signs per lot or one (1) sign per ten (10) linear feet of street frontage.

f.

Temporary signs may be placed on vehicles or trailers that are parked or located for the primary purpose of displaying the sign.

g.

Temporary signs shall be located not closer than one-half (½) the required building setbacks and shall not be illuminated.

4.

Residential Districts. In residential districts, the following regulations shall apply:

a.

Single-Family Dwellings. Wall or projecting sign not to exceed two (2) square feet in area.

b.

Home Occupations. Wall or projecting sign not to exceed four (4) square feet in area per home occupation located on the property.

c.

Multi-Family, Group Dwellings, Church, School, or Public Buildings. Wall, projecting, or freestanding sign not to exceed twenty (20) square feet in area. Such sign shall be located not closer than one-half (½) the required building setbacks and shall not exceed twelve (12) feet in height.

d.

Subdivisions. One (1) freestanding sign per entrance to the subdivision not to exceed twenty (20) square feet in area. Such sign shall be located not closer than one-half (½) the required building setbacks and shall not exceed twelve (12) feet in height.

e.

Only one (1) sign per street frontage shall be permitted.

f.

Flashing or intermittent illumination is prohibited.

g.

General advertising signs are prohibited.

h.

Commercial Businesses Located in a Residential District Prior to January 20, 2007. One (1) freestanding sign not to exceed twenty (20) square feet, plus one (1) wall sign not to exceed one (1) square foot of sign area for each linear foot of the primary building wall is permitted. No freestanding sign shall be located within ten (10) feet of any property line.

(Ord. No. 7-2020, 7-6-2020)

In the commercial, industrial, and special purpose districts, the following regulations shall apply:

(Ord. No. 7-2020, 7-6-2020)

A.

Freestanding Sign Requirements.

1.

Signs Within Twenty-Five (25) Feet of an Intersection. Signs within twenty-five (25) feet (measured along the street right-of-way) of the intersection of a street with a street or driveway, which exceed forty-two (42) inches in height, shall be set back at least fifteen (15) feet from the street right-of-way line, or shall maintain free space between a height of forty-two (42) inches above the adjacent street elevation and a height of seventy-two (72) inches above the elevation.

2.

Electrical Service. When electrical service is provided to freestanding signs, all such electrical service shall be underground.

3.

Size, Height and Location.

a.

Freestanding signs shall comply with the following requirements with respect to size, height and location:

b.

Side and Rear Setback Requirement. No freestanding sign shall be built within five (5) feet of any interior side or rear lot line.

c.

ROW Setback from Intersection. When any freestanding sign is placed at a forty-five (45) degree angle on property located at the intersection of two (2) dedicated public streets, the required setback shall be measured from the nearest of the two (2) streets' right-of-way lines involved.

B.

Projecting Signs.

1.

Vehicle Area Clearances. In areas outside of rights-of-way, when a sign or awning extends over where vehicles travel or are parked, the bottom of the structure must be at least fourteen (14) feet above the ground. Vehicle areas include driveways, alleys, parking areas, and loading and maneuvering areas.

2.

Pedestrian Area Clearances. When a sign or awning extends over a sidewalk, walkway or other space used by pedestrians, the bottom of the structure must be at least eight (8) feet above the ground. Free-hanging valances made of fabric or other non-rigid material hung on signs, awnings, and marquees must be at least seven (7) feet above a sidewalk, walkway or other space used by pedestrians. Signs may extend over the sidewalk a distance equal to two-thirds (⅔) the width of the sidewalk, but in no case exceeding ten (10) feet.

C.

Sign Contractor's License Required. No person shall engage in the business of erecting, altering, relocating, constructing or maintaining signs without first obtaining a valid contractor's license as required by the Municipal Code and all required state and federal licenses as required in Chapter 15.20.

D.

Construction Specifications.

1.

Compliance with Building and Electrical Codes. All signs shall be constructed in accordance with the requirements of Belle Fourche Ordinance Title 15. Every electric sign shall have affixed thereon an approved Underwriter's Laboratories label, or all wiring of such sign is approved by the State Electrical Inspector, and all wiring connected to such sign shall comply with all provisions of the applicable codes of the City relating to electrical installations.

2.

Sign Supports. Supports for signs and sign structures shall be built in conformance with the requirements of the current building codes as adopted by the City Municipal Code for wind loads, seismic loads and other combined loads.

3.

Minimum Standard of Quality. Signs shall be constructed to a minimum standard of quality as specified by the City Municipal Code for non-combustibility, steel, smoke density, ignition properties and classification of plastics.

4.

Minimum Construction Standard. If design drawings and specifications are not provided, the minimum construction standard shall be set by the standards and tables on file in the office of the Building Inspector.

5.

Engineered Design Required. An engineered design shall be provided for all signs in accordance with adopted building codes, if required by the Building Inspector.

6.

Obstruction of Egress Prohibited. No signs shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window or door opening used as a means of egress.

7.

Interference with Ventilation Prohibited. No sign shall be attached in any form, shape, or manner, which will interfere with any opening required for ventilation, except that signs may be erected in front of and may cover transom windows when not in violation of the provisions of any adopted building code.

8.

Horizontal and Vertical Clearance of Overhead Electrical Conductors. Signs shall be located in such a way as to maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with National Electrical Code specifications, depending on voltages concerned. However, in no case shall a sign be installed closer than forty-eight (48) inches horizontally or vertically from any conductor or public utility guy wire, or as approved by a local public utility.

(Ord. No. 7-2020, 7-6-2020)

A.

Sign Brightness. Any sign that is internally illuminated, or which displays electronic variable messages through light emitting diodes, liquid crystal display, plasma image display, or any other light emitting mechanism, must be equipped with automatic dimming technology that automatically adjusts the display's brightness based upon ambient light conditions. The brightness level for signs shall not exceed a brightness level of 0.3 foot-candles above ambient light as measured using a foot-candle (lux) meter at a preset distance depending on sign area, measured as follows:

B.

Brightness Measurement Distance for Other Sign Areas. For signs with an area in square feet other than those specifically listed in the above table (i.e. twelve (12) square feet, three hundred (300) square feet, etc.), the measurement distance shall be calculated with the following formula: The square root of the product of the sign area times one hundred (100). (Example using a twelve-square-foot sign: Measurement Distance = √(12 sq. ft. x 100) = 34.6)

C.

Brightness Measurement by Building Inspector. The brightness measurement shall be performed as follows with thirty (30) days of sign installation:

1.

At least thirty (30) minutes after sunset or thirty (30) minutes before sunrise, the Building Inspector shall measure and determine the sign's brightness by aiming a foot-candle meter directly at the sign. The measurement will be taken as close as possible to the above prescribed distance from the sign face being measured.

2.

After the sign brightness has been determined, the Building Inspector shall contact the sign owner or the owner's agent to schedule a time to measure and determine the ambient light conditions with the electronic messaging center off or while displaying all black copy. The ambient light reading shall be taken with the same foot-candle meter at the same location used to establish the sign's brightness.

3.

Once the two (2) light readings have been determined, the second measurement reading shall be subtracted from the first measurement reading. To be in compliance with this standard, the difference of the two (2) readings shall be 0.3 foot-candles or less.

D.

Electronic Variable Message Signs. Signs displaying variable messages through the use of internal illumination technology or through light emitting diodes, liquid crystal displays, plasma image displays, or any other similar light emitting technology may only display static messages. Full motion images, graphics or video are prohibited. Static copy on these signs may be changed at a minimum interval of eight (8) seconds.

(Ord. No. 7-2020, 7-6-2020)

A.

Application. When application is made for a sign permit and the proposal does not conform to the sign ordinance requirements, the property owner may, pursuant to Belle Fourche Ordinances Chapter 17.28, apply for a variance with the Planning and Zoning Commission.

B.

Public Hearings. Upon receipt of an application and fee, the Planning and Zoning Commission shall hold a public hearing, having first given ten (10) day notice. One (1) notice of the time and place of such hearing shall be published in the official newspaper of the City. In addition, a sign noting the fact that an application for a variance is pending shall be posted on the site not less than ten (10) days before the public hearing before the Planning and Zoning Commission. The sign shall be maintained on the site until the Common Council has taken action on the request or the application is withdrawn. Approved signs shall be secured from the Planning Department which shall require a reasonable deposit sufficient to cover the cost of replacement of such sign or signs and which shall determine the number and location of the sign or signs to be posted on the site addressed in the application for the variance. The Commission shall consider and within thirty (30) days recommend approval or denial to the Common Council. The recommendation shall then be scheduled for public hearing at a meeting of the Common Council. At least ten (10) days prior to the public hearing, one (1) notice of the time and place of such hearing shall be published in the official newspaper of the City. The Common Council, acting as the Board of Adjustment pursuant to SDCL 11-4-24, shall consider and within thirty (30) days grant approval or denial of the variance request.

C.

Vote Required to Grant a Variance. The concurring vote at least two-thirds (⅔) of the members of the Common Council shall be required to grant any variance request.

D.

Approval Criteria.

1.

Where visibility of a conforming sign from the public street and within fifty (50) feet of the proposed sign would be substantially impaired by existing trees, plants, natural features, signs, existing buildings or structures on a different lot; and,

2.

Placement of the sign elsewhere on the lot would not remedy the visual obstruction, and such visibility obstruction was not created by the owner of the subject property; and,

3.

The variance proposed would not create a safety hazard to traffic; and,

4.

Granting the variance is in harmony with the general purposes and intent of this title and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the Belle Fourche Comprehensive Plan.

(Ord. No. 7-2020, 7-6-2020)

A.

Measurements.

1.

Sign Cabinets. The area of sign faces enclosed in frames or cabinets is determined based on the outer dimensions of the frame or cabinet surrounding the sign face.

2.

Backed Signs. Only one (1) side of a backed sign is counted in determining the area of sign faces. Where the two (2) sides are not of equal size, the larger of the two (2) sides is used for the determination of sign area.

3.

Multiple Cabinets. For freestanding and projecting signs that contain multiple cabinets on one (1) structure and oriented in the same direction, the modules together are counted as one (1) sign face.

4.

Round Signs. The maximum surface area visible at one (1) time of a round, three (3) dimensional or three (3) or more sided sign is counted to determine sign area.

5.

Signs on a Base Material. When a sign is on a base material and attached without a frame, such as a wood board or Plexiglas panel, the dimensions of the base material are to be used for calculating sign area.

6.

Individual Elements. When signs are constructed of individual elements attached to a building wall, the sign area is determined by calculating the area of an imaginary rectangle drawn around the sign elements. Sign elements will be measured as one (1) unit when the distance between the elements is less than two (2) times the dimension of each element.

7.

Painted Wall Signs. Painted wall signs are measured by drawing an imaginary rectangle around the edge of each of the sign elements. Sign elements will be measured as one (1) unit when the distance between the elements is less than two (2) times the length of each element. Visible wall area includes windows and doors, but not openings such as loading entrances.

8.

Awnings and Marquees. When signs are incorporated into awnings, the sign area is determined by computing the area of an imaginary rectangle drawn around the sign face. When the ends of awnings or marquees are parallel and contain sign faces, only one (1) side is counted in addition to the sign face area on the front.

B.

Definitions. The words, terms and phrases set out in this chapter are defined and shall be interpreted as such throughout this division. Terms not herein defined shall have the meaning customarily assigned to them.

"Abandoned sign" means a sign remaining in place that has not been maintained appropriately or that is located on a property that has been vacant for a period of six (6) months.

"Building inspector" means the officer or other designated authority charged with the administration and enforcement of this Code, as adopted by the City.

"Clearance" means the smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.

"City" means the City of Belle Fourche.

"Common Council" means the Common Council of Belle Fourche.

"Frontage" means the length of the front property line or lines of any premises, which is/are parallel to and along each street right-of-way it borders.

"General advertising sign" means a sign that directs attention to a business, commodity, industry or other activity which is sold, offered or conducted elsewhere than on the premises upon which the sign is located.

"Illumination" means a source of any artificial or reflected light, either directly from a source of light incorporated in, or indirectly from an artificial source.

"Non-illuminated sign" means a sign which is not illuminated, either directly or indirectly.

"Indirectly illuminated sign" means a sign illuminated with a light directed primarily toward such sign and so shielded that no direct rays from the light are visible elsewhere than on the lot where said illumination occurs. If not effectively so shielded, such sign shall be deemed to be a directly illuminated sign.

"Directly illuminated sign" means a sign designed to give forth artificial light directly (or through transparent or translucent material) from a source of light within such sign, including, but not limited to, neon and exposed lamp signs. Also includes indirectly illuminated signs not effectively shielded to prevent light from being visible elsewhere than on the lot where said illumination occurs (see above).

"Lot" means a parcel of land which is or may be occupied by a building, group of buildings, their accessory buildings, signs, or uses customarily incidental thereto, together with such yards or open spaces within the lot lines.

"Maintain" means to allow a sign to exist or remain, or to repair or refurbish a sign in order to prevent decay or deterioration.

"Owner" means any person, agent, firm or corporation having a legal or equitable interest in the property or premises.

"Person" means a person, heir, executor, Building Inspector or assign, and also includes a firm, entity, partnership or corporation, or their successor or assign, or the agent of any of the aforesaid.

"Sign" means any identification, description, illustration or device illuminated or non-illuminated, which is visible from any public place or is located on private property and exposed to the public, and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise, or any emblem, painting, banner, pennant, placard or temporary sign designed to advertise, identify or convey information, with the exception of window displays and sign structures; however, for the purpose of removal, signs shall also include all sign structures.

"Sign area" means the total area or areas of all signs within the outer edges of the sign or advertising message.

"Sign structure" means any structure which supports, has supported, or is capable of supporting a sign, including decorative cover.

Sign Types.

"Freestanding sign" means a sign that is supported by columns or post and is in no part supported by a building.

"Projecting sign" means a sign that extends beyond a street property line or a building setback line. A sign placed flat against a wall of a building parallel to a street or alley shall not be deemed to project for purposes of this definition. A sign on an awning, canopy or marquee shall be deemed to project to the extent that such sign extends beyond a street property line or a building setback line.

"Wall sign" means a sign painted directly on the wall or placed flat against a building wall with its copy parallel to the wall to which it is attached and not protruding more than the thickness of the sign cabinet. The sign cabinet cannot be thicker than necessary to accommodate the electrical box.

"Window sign" means a sign painted directly on the surface of a window glass or placed in front of or behind the surface of a window glass.

"Temporary sign" means a sign which is not permanently affixed.

"Use" means the purpose for which a building, lot, sign or structure is intended, designed, occupied or maintained.

(Ord. No. 7-2020, 7-6-2020)