Current through Register Vol. 48, No. 9, September 27, 2024
A. Signs erected
pursuant to S.C. Code Section
57-25-140(a)(5)
and (6) are not required to be permitted,
however, there are certain criteria that must be applied to these signs in
order to determine if, in fact, they are on-premise signs.
B. "For Sale" and "For Lease" signs may be
considered on-premise if they meet the following requirements:
(1) They must be located only on property
which is for sale or lease.
(2)
They may contain only information pertinent to sale or lease of the property
such as "For Sale," acreage, name of person or firm having such property for
sale, and phone number.
(3) They
may not have information relating to any activity or product not directly
connected with the sale or lease of the property on which they are
located.
C. Signs
advertising activities, products or services offered or performed on the
property upon which they are located shall be considered on-premise provided
they meet the following requirements:
(1)
Signs must be physically located on the same premise as activity
advertised.
(2) The intent of the
sign must be the identification of the activity, product or service offered at
the location.
(3) In the event a
sign site is located on a narrow strip of land contiguous to the advertised
activity or on land connected to the advertised activity by a narrow strip of
land, the sign site shall not be considered part of the premises on which the
activity being advertised is conducted. A narrow strip shall include any
configuration of land which cannot be put to any reasonable use related to the
activity other than for signing purposes.
(4) Two or more activities which share a
common property line may share a single on-premise sign so long as the sign is
located on the common property line and meets all other requirements of
on-premise signs.
(5) The sale of
the land between the main building and the advertising device or the diversion
of the land to uses other than commercial or industrial by lease, rental
agreement, easement, or license, etc., will be prima facie evidence that the
sign is no longer on-premise and shall be subject to appropriate provision of
the law. The diversion of land to other uses includes, but is not limited to,
cultivation to raise crops or forest even though land may be of a single
ownership, or land which is separated from the activity by a public highway, or
other obstruction as may be determined by the Department.
(6) Land under cultivation to raise crops or
forest may not be considered a part of a given activity even though the land
may be in a single ownership, nor may land which is separated from the activity
by a public highway, or other obstruction.
D. Upon vacating a premise which is not
thereafter occupied by another business within one year, the owner of the
property must, without cost to the Department, dismantle and remove any
free-standing on-premise sign. Any on-premise sign which is not so removed is
illegal.
E. The Department shall
have sole discretion to determine if the sign is a traffic or safety hazard,
including the ability to determine if the sign's lighting or illumination
creates a traffic or safety hazard. If the Department determines the sign to be
a traffic or safety hazard, the sign shall be removed at the expense of the
sign owner.
