ORDINANCE #866
ORDINANCE #866
AN ORDINANCE TO ADD PROVISIONS TO THE MILBANK MUNICIPAL CODE REGARDING UPDATES TO SIGNS AND ADVERTISING.
BE IT ORDAINED BY THE CITY COUNCIL of the City of Milbank, Grant County, South Dakota, updates to Chapter 17.25 in the following sections of the Milbank Municipal Code:
Section 17.25.01 Prohibited Signs.
1. Confusing or distracting motorists; or
2. Impairing the driver’s ability to see pedestrians, obstacles, or other vehicles; or
3. Impairing the driver’s ability to see and interpret any official traffic sign, signal, or device; or
4. Creates a nuisance to persons using a public right-of-way; or
5. Constitutes a nuisance to occupancy of adjacent and contiguous property by its brightness, size, height, or movement.
6. Other than utility fixtures or holiday decorations, no signs, awnings, or displays shall be suspended, hung, or placed so that the same shall hang over any part of a street or sidewalk, used for vehicular or pedestrian travel, unless a written application for a permit is made to the Administrative Official and said Official grants a permit therefor.
Section 17.25.02 General Requirements.
Signs shall be permitted in zoning districts per Article II, subject to the following provisions:
1. Wall signs may be located anywhere on the wall of a building.
2. Signs shall not project over public property.
3. Signs shall not be erected adjacent to a corner of two (2) intersecting streets unless such signs are constructed so as not to obstruct the view of said intersection. See Chapter 17.23.01.
4. All signage along state highways shall comply with SDDOT requirements.
5. Other than notices for municipal events, utility fixtures, or holiday decorations.
Section 17.25.03 Signs in the Residential Zoning Districts.
1. Permanent freestanding signs and wall signs are prohibited for Permitted Uses in Residential Zoning Districts.
2. Temporary signs for Permitted and Conditional Uses in Residential Zoning Districts shall comply with the requirements of Table 17.25.03.3.
3. Freestanding and wall signs erected accessory to any Conditional Use in any residential Zoning Districts shall be constructed in accordance with the building permit issued for the sign and, unless specified elsewhere in this Ordinance, conform to Table 17.25.03.3.
a. The sign structure or sign shall have a maximum height of ten (10) feet. Height of sign is the vertical distance from the top of the sign or sign structure, whichever is greater, to the ground in a straight line directly below, measured from a point equidistant from the sides or edges of the sign.
b. Notwithstanding the provisions of Section 17.25.02.5, Each sign shall be constructed in accordance with minimum setback requirements of the applicable district except that a sign may be constructed in any location in the front yard provided it shall not be closer than one (1) foot from any street right-of-way and shall comply with all other requirements of this Chapter.
Table 17.25.03.3
Section 17.25.04 Signs in Business and Industrial Zoning Districts.
Freestanding and wall signs shall be constructed in accordance with the building permit issued for the sign and, unless specified elsewhere in this Ordinance, conform to Table 17.25.04
1. The sign structure or sign shall have a maximum height of thirty-two (32) feet or six (6) feet above the height of the peak of the tallest building on site, whichever is greater. Height of sign is the vertical distance from the top of the sign or sign structure, whichever is greater, to the ground in a straight line directly below, measured from a point equidistant from the sides or edges of the sign.
2. Notwithstanding the provisions of Section 17.25.02.5, each sign shall not be closer than one (1) foot from any right-of-way
(A) In the case of lots with multiple frontages, maximum sign area for each sign is based upon the lineal feet of the narrowest frontage on the lot.
(B) For lots with less than one hundred (100) feet of frontage on any given street, one (1) sign is allowed per frontage directional view.
Table 17.25.04
Section 17.25.05 Portable Signs.
Temporary use of portable or moveable signs shall be allowed in Business and Industrial Districts in excess of and in addition to the sign limitations of this Section. The following provisions shall apply:
1. The maximum permitted size of a portable sign is six (6) feet in height and ten (10) feet in length.
2. A portable sign shall not be located closer than twenty (20) feet to any intersection
Section 17.25.06 Electronic Message Signs.
DEFINITIONS
Electronic Message Center (EMC): A sign or portion of a sign that uses changing light to form letters, numbers, symbols, or images through LED, LCD, plasma, or similar display technologies.
Digital Display: Any sign capable of electronically changing the static message or copy on the display screen.
Dwell Time: The minimum time a message remains static before changing to a new message.
Transition: The visual effect used when one message changes to another, including dissolve, fade, scroll, or travel.
1. GENERAL REQUIREMENTS
A. All EMCs shall comply with the dimensional, height, and setback requirements of Chapter 17.25.
B. EMCs must comply with applicable building, electrical, and safety codes.
2. DISPLAY OPERATION AND ILLUMINATION
A. Brightness: Shall not exceed 0.3 foot-candles above ambient light levels when measured at night from:
1. 150 feet (for signs ≤ 10 sq. ft.)
2. 200 feet (for signs 10–50 sq. ft.)
3. 350 feet (for signs > 50 sq. ft.)
B. Each EMC shall include an automatic dimming sensor that adjusts brightness based on ambient light.
C. Flashing, blinking, pulsing, or strobe effects are prohibited.
D. Each message shall remain static for a minimum dwell time of six (6) seconds.
E. Transition Time: Transitions between messages shall not exceed one (1) second.
F. In the event of a malfunction, the display shall automatically default to a blank or static image until repaired.
3. HIGHWAY VISIBILITY AND STATE COMPLIANCE
All off-premise or highway-visible digital signs shall comply with SDDOT Outdoor Advertising Control (SDCL 31-29 and ARSD 70:04:03) as follows:
4. PERMITTING PROCEDURES
A. A sign permit is required before the installation of any EMC.
B. Applicants must submit manufacturer’s specifications and photometric data demonstrating compliance with brightness limits:
Section 17.25.07 Signs on Otherwise Vacant Lots (as Conditional Use).
In those districts identified in Article II, the Board of Adjustment may, by Conditional Use Permit, allow freestanding signs on a lot with no other principle permitted use, provided the following conditions are met:
1. The requirements of Sections 17.23.01 and 17.25.01 are met;
2. Not more than one (1) sign per one hundred fifty (150) feet of frontage directional view.
3. No Freestanding sign shall be constructed less than one hundred (100) feet with no EMC component constructed less than three hundred (300) feet from a residentially zoned property;
4. The Board of Adjustment shall consider the following factors when determining whether a sign on an otherwise vacant lot would adversely affect the public interest:
a. Width of the right-of-way
b. Speed limit of adjacent right-of-way
c. Distance the sign is placed from the right-of-way.
Repeal of Conflicting Ordinances: All ordinances or parts thereof in conflict with this Ordinance are hereby repealed.
Passed and adopted this 11th day of May, 2026.
Aye: 6 Nay: 0 Absent: none.
Pat Raffety, Mayor
ATTEST:
Cynthia Schumacher,
Finance Officer
Adopted 1st Reading: April 9, 2026
Adopted 2nd Reading: May 11, 2026
Published: May 20 and May 27, 2026
May 20 May 27
