S.C. Code Regs. § § 63-352

Current through Register Vol. 48, No. 10, October 25, 2024

Section 63-352 - On-Premise Signs

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.

S.C. Code Regs. § 63-352

Amended by State Register Volume 13, Issue No. 6, eff June 23, 1989; State Register Volume 16, Issue No. 7, eff July 24, 1992; State Register Volume 31, Issue No. 3, eff March 23, 2007.