Lawrence County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 8
SIGN REGULATIONS
§ II-8.001 INTENT.
(A) The purpose of this chapter shall be to establish effective local regulation of outdoor advertising so as to promote the health, safety, and general welfare of those persons using and residing adjacent to public rights-of-way. The following regulations are intended to promote and preserve the natural aesthetics of the county while providing for the convenience of the traveling public, for the promotion of locally available facilities, goods, and services, and to minimize negative impacts on property adjacent to public rights-of-way.
(B) The county’s authority to regulate signs, billboards, and other advertising is specified in SDCL Ch. 31-29.
(Ord. 14-01, passed 6-6-2014, Ch. 8, § 1.1)
§ II-8.002 GENERAL PROVISIONS.
(A) In any zoning district where signs are allowed, a county sign permit shall be required unless otherwise stated.
(B) In addition to all applicable state and federal regulations, any sign erected within the unincorporated area of the county shall be required to conform to the following regulations: new signs.
(1) A sign permit shall be required for any new on-premises or off-premises sign installation. At the time of installation, the new sign must conform to all requirements of this title. All off-premises signs require a conditional use permit.
(2) The provisions of Chapter 19 of this zoning title applies to all conditional use permits. In addition, due consideration shall be given to the relationship between the sign(s) and the natural horizon/view shed in the area of the proposed sign location.
(Ord. 14-01, passed 6-6-2014, Ch. 8, § 1.2)
§ II-8.003 APPLICATIONS AND PERMITTING OF SIGNAGE.
(A) Applications for a sign permit shall be made in writing upon forms furnished by the County Planning Department.
(B) No permit shall be issued until each sign application is approved by the Planning Official or the County Commission in the case of a conditional use permit.
(C) At a minimum, the following complete information shall be provided before an application is considered:
(1) Parcel number;
(2) Name and address of the sign owner and the contractor;
(3) Name and address of the property owner where the sign is to be located;
(4) The legal description of the proposed sign location;
(5) Acreage of property;
(6) Sign specifications;
(7) Clear and legible drawing of the proposed sign to scale with description of the sign showing construction type and lighting;
(8) Site plan showing the location and setbacks on the property where the sign is to be located; and
(9) Other such data and information deemed necessary by the County Planning Department.
(Ord. 14-01, passed 6-6-2014, Ch. 8, § 1.3; Ord. 22-04, passed 4-11-2023)
§ II-8.004 ON-PREMISES SIGNAGE.
(A) Intent. These regulations provide standards for the erection and maintenance of private signs. The principal feature of this section is the restriction on the total sign area permissible per site. Only one on-premises sign shall be allowed per lot, unless approved otherwise through a conditional use permit. The sign shall be located in the front or side yard, and shall not project over public property. All private signs shall be erected and maintained in accordance with the following standards. The general objectives of these standards are to promote health, safety, welfare and in part to achieve the following:
(1) Safety. To promote the safety of persons and property by providing that signs:
(a) Do not create a hazard due to collapse, fire, collision, decay, or abandonment;
(b) Do not create traffic hazards by confusing or distracting motorists, or by impairing the driver’s ability to see pedestrians, obstacles, or other vehicles, or to see and interpret any official traffic sign, signal or device.
(c) Aid the traveling public in navigation to the locations of businesses and services.
(2) Communications efficiency. To promote the efficient transfer of information by providing that:
(a) Businesses and services may identify themselves;
(b) Customers and persons may locate a business or service;
(c) No person or group is arbitrarily denied the use of the sight line from public rights-of-way for communication purposes.
(3) Landscape quality and preservation. To protect the public welfare and to enhance the appearance and economic value of the landscape by providing that signs:
(a) Do not create a nuisance to persons using the public rights-of-way;
(b) Do not constitute a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height or movement;
(c) Protect and preserve the aesthetic quality and physical appearance of the county.
(B) Permitted signs and sign area. In the following districts, the sign area and height set forth shall apply to all signs on the premises except as provided in II-8.005:
(1) A-1 - General Agriculture; PF - Park Forest Districts.
(a) Freestanding signs. One or more freestanding signs with the total combined area of one square foot for every 100 linear feet of road frontage.
1. The total area of any one sign shall not exceed 16 square feet.
2. The maximum height shall not exceed ten feet.
(b) Wall signs. On buildings or structures not used as a single family dwelling, a wall sign with the area of one square foot for every two linear feet of building frontage with a maximum of 16 square feet of sign area.
(2) A-2 - Residential Agriculture; RR - Rural Residential; and SRD - Suburban Residential Districts.
(a) Wall signs.
1. On buildings or structures not used as a single-family dwelling, a wall sign with the area of one square foot for every two linear feet of building frontage with a maximum of 16 square feet of sign area.
2. As allowed below by division (E)(9) below.
(b) Freestanding signs.
1. Multi-family structures and apartments may have one freestanding sign per street frontage not to exceed 16 square feet in size per sign.
2. Single-family dwellings may have one freestanding sign in conjunction with a home occupation or conditional use permit as allowed by division (E)(9) below.
(3) GC - General Commercial; RC - Recreation Commercial; HSC - Highway Service Commercial; C/LI - Commercial/Light Industrial and I-I General Industry Districts.
(a) Wall, roof, or projecting signs.
1. The total sign area on structures which are two stories or less in height shall not exceed two square feet for each linear foot of building frontage.
2. The total sign area on structures which are greater than two stories in height shall not exceed either two square feet for each linear foot of building frontage, or 15% of the area of the frontage wall, whichever is greater.
(b) Freestanding signs having a total sign area not to exceed one square foot for each linear foot of road frontage or 200 square feet, whichever is less.
1. The maximum sign height shall be 30 feet.
(C) Regulations and limitations of permitted signs.
(1) Wall signs. Wall signs may be located anywhere on the wall of a building.
(2) Projecting signs.
(a) Projecting signs may project no more than five feet from the building face.
(b) Projecting signs shall have a minimum clearance of ten feet above grade level about any yard or sidewalk and 16 feet above any road or drive.
(c) Projecting signs may project no more than five feet above the top of a parapet or roofline including the framework or support.
(3) Roof signs. Roof signs shall rise no higher than five feet above the top of a parapet or roof line and shall not exceed the height limits for the zoning district.
(4) Freestanding signs.
(a) Freestanding signs within GC - General Commercial; RC - Recreation Commercial; HSC - Highway Service Commercial; C/LI - Commercial/Light Industrial and I-I - General Industry Districts shall be limited to one sign structure per street frontage except that businesses on frontages of 300 feet or more may erect two freestanding signs; however, the total sign area for both signs may not exceed that allowed for the street frontage.
(b) Freestanding signs shall be located only in the front or side yard.
(c) Freestanding signs shall not project over public property.
(d) Freestanding signs shall not be erected within the intersection safety zone triangle of two intersecting streets or a street and railroad. The intersection safety zone triangle, in this case, shall be the triangular area formed by measuring 40 feet from the intersection along both roads and connecting these two points with a straight line. Exceptions: Freestanding signs may be located in the intersection safety zone triangle when the sign and sign structure comply with the following:
1. The sign face is located 12 feet above the grade level of the street; and
2. The sign structure is of such a size and spacing as to not obstruct the view of said intersection.
(D) Electronic message signs.
(1) Electronic message signs placement.
(a) Any permitted sign within GC - General Commercial; RC - Recreation Commercial; HSC - Highway Service Commercial; C/LI - Commercial/Light Industrial and I-I - General Industry Districts may be an electronic message sign.
(b) No electronic message signs are allowed in A-1 - General Agriculture; PF - Park Forest Districts; A-2 - Residential Agriculture; RR - Rural Residential; and SRD - Suburban Residential Districts.
(c) Electronic message signs must be setback a minimum 300 feet from any residential structure.
(2) Message hold time. Electronic message signs shall display a static message which may not change or be changed for a period of six seconds.
(3) Message transitions. The transition from one static display message to the next shall be limited to gradual movements including, but not limited to, dissolve, fade, or traveling; however, sudden movement is prohibited, including, but not limited to blinking and flashing.
(E) Special situations. The following signs may be allowed in addition to the signs permitted in division (B) above and do not require a permit or fees, but signs must be in conformance with all other state and local laws:
(1) Automobile service station. Gasoline dispensing stations may have, in addition to other signs, one 12 square foot sign on each street frontage.
(2) Interstate highway interchange. In the GC - General Commercial; RC - Recreation Commercial; HSC - Highway Service Commercial; C/LI - Commercial/Light Industrial and I-I - General Industry Districts, businesses which are adjacent to both the interstate and the intersecting cross street may by conditional use erect one additional on-premise freestanding sign not to exceed 200 square feet or 60 feet in height.
(3) Construction signs. Additional signage may be placed on a property during the time a property has an active building permit. The total sign area shall not exceed 100 square feet or 20 feet in height and shall be removed within one week after final inspection or upon the expiration of the building permit, whichever comes first.
(4) Neighborhood identification signs. In any zone, a masonry wall, landscaping and other similar material or feature may be combined to form a display for neighborhood or tract identification, provided that the legend of such signs or display shall consist only of the neighborhood or tract name, and the sign area shall not exceed 32 square feet.
(5) Institutional signs. Churches, cemeteries, schools, day care centers, institutional and public uses in the agricultural and residential districts may have an on-premise sign not exceeding 32 square feet in area per frontage. Institutional signs require a building permit prior to construction/placement of the sign.
(6) Integral signs. Names of buildings, dates of erection, monumental citations, commemorable tablets, and the like, of permanent type construction and made an integral part of the building structure shall be permitted not to exceed 16 square feet per building.
(7) Private traffic directional signs. Signs directing traffic movement into, out of or within the commercial premise. Such signs shall not exceed an area of four square feet per sign face and four feet in height. Only two private directional signs are allowed per legal driveway.
(8) Real estate signs. Temporary signs shall be permitted while a property is actively listed for sale. The total sign area of such signs shall not exceed 32 square feet for each street frontage.
(9) Special use signs. In the A-1 - General Agriculture; PF - Park Forest Districts; A-2 - Residential Agriculture; RR - Rural Residential; and SRD - Suburban Residential Districts, uses which are governed by a conditional use permit, major home occupation, or agricultural tourism permit may have freestanding, wall, roof, or projecting signs on the premise in accordance with the stipulations of the permit. The total sign area of each sign shall not exceed 32 square feet. Special use signs require a building permit prior to construction/placement.
(10) Banners. Each commercial and industrial zoned property may have one banner no larger than 32 square feet at all times. Additional banners within commercial or industrial zoned property can be placed for a maximum of 21 days during any calendar year. Banners shall be securely mounted or affixed with rigid posts, frame, structure, or building.
(Ord. 14-01, passed 6-6-2014, Ch. 8, § 1.4; Ord. 22-04, passed 4-11-2023)
§ II-8.005 EXEMPTIONS.
The following signs and devices are exempt from all aspects of this chapter, including permit requirements and limitations on size, location, and number:
(A) Public signs. Signs of a noncommercial nature and in the public interest, erected by, or on the order of, a public officer in the performance of his or her duty shall be permitted.
(B) Property rights signs. A property owner may post a sign that indicates a property owner’s right of exclusion. These signs include no hunting, no trespassing, no soliciting, and similar signs.
(C) Spectator signs. A sign that is physically oriented toward spectators of an event and not physically oriented so as to attract the motoring public, such as a sign located on the fence of a baseball field, football field, racetrack, or outdoor stadium.
(D) Window signs. A sign affixed to a window of an enclosed building, including the window or glass area of a door.
(E) Art. Art as defined as an artistic painting, image, or sculpture created on an individual basis which contains no commercial message, image, trademark, or logo can be created within any zoning district.
(Ord. 14-01, passed 6-6-2014, Ch. 8, § 1.6; Ord. 22-04, passed 4-11-2023)
§ II-8.006 ILLUMINATION.
Regulations regarding the illumination of signs shall be as follows:
(A) Shading. The light from any illuminated sign or billboard shall be so shielded, shaded, or directed so that the light intensity shall not adversely affect surrounding or facing premises or safe vision of operators of vehicles on public or private roads.
(B) Blinking and flashing. Blinking, flashing, pulsating, or fluttering lights are prohibited.
(C) Residential districts. No illuminated sign or electronic message sign is allowed within any residential zoning district, unless the sign is classified as an institutional sign or neighborhood identification sign.
(D) Sign brightness. No illuminated or electronic message sign shall 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:
AREA OF SIGN (SQ. FT) | MEASUREMENT DISTANCE (FT.) |
AREA OF SIGN (SQ. FT) | MEASUREMENT DISTANCE (FT.) |
10-14 | 32 |
15-19 | 39 |
25-29 | 50 |
35-39 | 59 |
45-49 | 67 |
55-59 | 74 |
65-69 | 81 |
75-79 | 87 |
85-89 | 92 |
95-99 | 97 |
100-150 | 100 |
More than 150 | 150 |
(Ord. 14-01, passed 6-6-2014, Ch. 8, § 1.8; Ord. 22-04, passed 4-11-2023)
§ II-8.007 TEMPORARY AND PORTABLE SIGNS.
Temporary and portable signs shall not exceed 32 square feet and may be displayed for 60 days per calendar year in the GC - General commercial; RC - Recreation Commercial; HSC - Highway Service Commercial; C/LI - Commercial/Light Industrial and I-I - General Industry Districts. It shall be the duty of the user of the sign to:
(A) Notify in writing and obtain approval from the Planning Director prior to placement of said sign.
(B) Notify in writing the Planning Director upon removal of said sign. The Planning Director shall continue to deduct one day from the 60 days allowed per calendar year until notice of removal is received or a total of 60 days has elapsed.
(C) Place the signs in locations so that the provisions of this chapter and all other applicable codes and ordinances are complied with.
(Ord. 22-04, passed 4-22-2023)
§ II-8.008 PROHIBITED SIGNS.
The following signs are prohbited:
(A) Parking of advertising vehicles prohibited. No person shall park any vehicle or trailer on a public right-of-way, or public property, or on private property so as to be visible from a public right-of-way, which has attached thereto or located thereon, any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same premises or any other premise. This is not intended to prohibit any form of vehicular signage such as a sign attached to a bus or lettering on a motor vehicle.
(B) Nuisance signs. Signs which imitate an official traffic sign or signal or which are of a size, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic, street sign or signal shall be removed upon notice.
(C) Beacons, searchlights, and flashing signs. Beacons, searchlights, and flashing signs shall be prohibited.
(D) Signs on public property. Except where required by law or permitted by the county, any sign installed or placed within any right-of-way or public property shall be deemed illegal and shall be forfeited to the public and subject to immediate confiscation.
(E) Movement. Signs shall not have moving parts or have the illusion of motion as part of the sign, except banners, pennants and similar lightweight signs which move with the atmosphere.
(Ord. 14-01, passed 6-6-2014, Ch. 8, § 1.7; Ord. 22-04, passed 4-11-2023)
§ II-8.009 MAINTENANCE AND REMOVAL.
Every one-premise sign, including any exempt from this code in respect to permits and permit fees, shall be maintained in good structural and aesthetic condition at all times. Any abandoned, unsafe or unsightly sign shall be removed or renovated within 60 days upon written notice. If the owner fails to remove or renovate the sign within the required time period the county may remove such sign at the owner’s expense.
(Ord. 14-01, passed 6-6-2014, Ch. 8, § 1.10; Ord. 22-04, passed 4-11-2023)
§ II-8.010 PERMIT REQUIREMENTS.
(A) Permitted signs. The following on-premise sign types require a separate sign permit to be obtained prior to the construction or placement of a sign:
(1) All permanent signs within a commercial or industrial zoning district.
(2) All permanent signs allowed with a home occupation, conditional use permit, or agricultural tourism permit.
(3) All projecting signs and roof signs that extend beyond the face of the wall or roof.
(B) Permissive signs. All on-premise sign types which are not listed in 8.010 (A). may be placed when all other requirements are met for this chapter.
(Ord. 22-04, passed 4-11-2023)
§ II-8.011 OFF-PREMISES SIGNAGE.
(A) Purpose and intent. The purpose of this section is to prevent the uncontrolled use of off-premise signs so as to promote the health, safety and general welfare of those persons using the public rights-of-way. These regulations are intended to preserve the overall landscape quality of the county while allowing the reasonable use of signs to inform the traveling public. This is accomplished through the application of standards for size, illumination and separation. This section is not intended to regulate objects that traditionally are not considered signs for purposes of governmental regulations.
(B) General regulations.
(1) In the A-1 - General Agriculture; PF - Park Forest Districts; A-2 - Residential Agriculture; RR - Rural Residential; and SRD - Suburban Residential Districts, off-premise signs shall not be permitted.
(2) The following regulations shall apply to off-premise signs in GC - General Commercial; RC - Recreation Commercial; HSC - Highway Service Commercial; C/LI - Commercial/Light Industrial and I-I - General Industry Districts:
(a) A maximum sign area of 288 square feet.
(b) There shall be no more than one sign face per direction of facing.
(c) The maximum height shall be 40 feet.
(d) No part of the sign face or structure shall be located in or overlap into the required side or rear yard setbacks or public right-of-way.
(e) Spacing requirements.
1. A sign shall not be within a 500 foot radius of any other off-premise sign intended to be read from the same right-of-way.
2. The sign shall not be within a 300 foot radius of any other off-premise sign intended to be read from a different right-of-way.
3. No off-premise sign shall be located within 500 feet of a residential dwelling located on a different parcel.
4. All spacing measurements in this subsection shall refer to a measurement made along the edge of the right- of-way and shall apply only to structures located on the same side of the highway.
5. These spacing provisions do not apply to signs separated by buildings or other obstructions in such a manner that only one sign located within the above spacing distance is visible from the road right-of-way at any one time.
6. No off-premise signs are allowed within 500 feet of a public park, school, church, or designated historic site.
7. The light from any illuminated sign shall be so shielded, shaded or directed so that the light intensity shall not adversely affect surrounding or facing premises or the safe vision of operators of vehicles on public roads.
8. Electronic message signs.
A. All new permitted off-premise signs may be an electronic message sign subject to requirements listed in § II-8.004(D).
B. All existing off-premise signs within the HSC; C/LI and I-I zoning districts may obtain a permit to become an electronic message sign subject to requirements listed in § II-8.004(D).
(C) Exceptions.
(1) Political campaign signs provided the signs are removed within five days after the election.
(2) Directional signs, street name signs, or other signs which have been authorized and directed by a governmental unit.
(D) Prohibited signs. The following signs are prohibited:
(1) Parking of advertising vehicles prohibited. No person shall park any vehicle or trailer on a public right-of-way, or public property, or on private property so as to be visible from a public right-of-way, which has attached thereto or located thereon, any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same premises or any other premise. This is not intended to prohibit any form of vehicular signage such as a sign attached to a bus or lettering on a motor vehicle.
(2) Nuisance signs. Signs which imitate an official traffic sign or signal or which are of a size, location, movement, content, coloring or manner of illumination which may be confused with or construed as a traffic control device or which hide from view any traffic, street sign or signal shall be removed upon notice.
(3) Beacons, searchlights, and flashing signs. Beacons, searchlights, and flashing signs shall be prohibited.
(4) Signs on public property. Except where required by law or permitted by the county, any sign installed or placed within any right-of-way or public property shall be deemed illegal and shall be forfeited to the public and subject to immediate confiscation.
(5) Movement. Signs shall not have moving parts or have the illusion of motion as part of the sign, except banners, pennants and similar lightweight signs which move with the atmosphere.
(E) Maintenance and removal. Every off-premise sign shall be maintained in good structural and aesthetic condition at all times. Any abandoned, unsafe or unsightly sign shall be removed or renovated within 60 days upon written notice. If the owner fails to remove or renovate the sign within the required time period the county may remove such sign at the owner’s expense.
(F) Permit requirements. All off-premise signs require a building permit to be obtained prior to the construction or placement of each sign, except temporary political campaign signs and signs which were authorized and directed by a governmental unit.
(Ord. 14-01, passed 6-6-2014, Ch. 8, § 1.5; Ord. 22-04, passed 4-11-2023)