The regulations herein set forth shall apply and govern in all zoning districts as hereinafter provided. No sign or outdoor advertising device shall be erected unless it is in compliance with regulations for the district in which it is located as specified in this article. For the purpose of this article, the following sign regulations are established to assure the health, welfare, and safety of the citizens of D'Iberville and to encourage the economy of the city, to protect the public investments in streets and highways, to preserve natural beauty, and to protect tax revenues by promoting the reasonable, orderly, and effective display of outdoor advertising. Any prior zoning ordinance or part thereof, inconsistent with this article is hereby amended to conform with this article.

For the purpose of this article the words and terms found herein shall have the meanings respectively ascribed in Section 3.2. All words used in this article not specifically defined herein shall be given their meanings in normal and customary usage

It shall be unlawful to erect, enlarge, rebuild, or structurally alter any sign without first obtaining a permit therefor.

10.4.1 Conformity, Generally. All signs hereafter erected on any lot in any district of the city, except official, traffic and street signs, shall conform with the provisions of this article unless otherwise provided.

10.4.2 Signs Not to be Primary Land Use. Signs shall be permitted or sited only when the property, lot, or parcel upon which the sign is to be placed houses a structure or active land use in conformance with the provisions of the zoning regulations. For clarification and administrative purposes, a vacant lot shall not contain any additional sign above that which may already exist, and a nonconforming land use shall not contain any additional sign above that which may already exist.

10.4.3 Ingress, Egress. No sign shall be erected as to impede or prevent free ingress or egress from any door, window or fire escape, and no sign of any kind shall be attached to a standpipe or fire escape.

10.4.4 Sight Line Obstruction. No sign shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where, by reason of position, it may interfere with or obstruct the view of traffic signs, fire hydrants, lines, or traffic-control devices.

10.4.5 Projecting Signs. Any sign affixed flat against the wall of a building and not more than fifteen (15) inches in thickness shall not be deemed a projecting sign. Projecting signs may not extend more than twenty-four (24) inches beyond the building line and shall be at least ten (10) feet above the highest point or finished grade of the adjacent surface.

10.4.6 Architectural Compatibility for Signage. Permanent signage shall be designed and constructed to conform to the following standards:

A.

All signage shall be constructed such that the façade materials are of consistent type, texture, color, and design as the building or buildings upon the same site as said sign. In simple terms, the sign is to be architecturally compatible and consistent with its related building.

B.

Ground signs, free standing or pylon signs shall not have exposed structural support members, unless such support members are of consistent type, texture, color, and design as the building or buildings upon the same site as said sign. Structural support members shall be concealed within or behind a cabinet, skirt, façade, or otherwise decorative means of achieving architectural compatibility as required herein.

C.

Wall mounted signs, awning signs, and window signs shall be designed as an architectural feature and shall be aesthetically compatible with the architectural style of the corresponding building(s).

D.

Outdoor Advertising (Billboards).

i.

Outdoor advertising structures shall be designed and constructed so that the message area(s) are symmetrical with respect to the supporting structure. Cantilever or offset structures as demonstrated in Figure 10.1 shall not be allowed within the City of D'Iberville.

ii.

The pole or support structure of a billboard shall be adorned with decorative or ornamental attachments, facades, casings, skirting or otherwise necessary to create architectural significance and compatibility with the property on which the structure is located.

iii.

Equipment areas shall be screened from public view by opaque materials and natural landscape material.

iv.

Wooden members shall not be utilized for structural support.

E.

A variance from the above requirements may be requested under the conditions of Section 10.4.7 and procedures as outlined in Section 2.6 of this ordinance.

10.4.7 Variances.

A.

Administrative Variance. To provide reasonable and convenient flexibility in these regulations governing the maximum size of the message space of any sign, there is hereby created this special provision for the administrative issuance of a variance. Any administrative variance shall be limited in applicability to the area of the message space of any sign, and shall not apply to sign height, location, number, or any other aspect of a sign as contained in this Article. An administrative variance, if granted, shall authorize up to a ten percent (10%) increase in the message area of any sign. An administrative variance shall conform to the following procedures:

i.

An application for an administrative variance shall be filed with the City of D'Iberville Planning Department and shall be accompanied by its related sign permit application.

ii.

The applicant shall state the reasons in support of the request for an administrative variance and shall further provide any additional information, as deemed by the City of D'Iberville Planning Department, to be relevant to the application.

iii.

An application for administrative variance shall be granted, within the parameters as specified herein, only after review and recommendation by the DRC. The DRC shall be the final authority on the question of an administrative variance.

iv.

An administrative variance shall be granted only upon the basis of one or more of the following criteria:

a.

Unique circumstances exist upon the site or building upon which the sign is proposed to be located, and such unique circumstances impede the visibility of the proposed sign. This provision shall not be construed to simply allow a larger message area where a conforming message area is sufficiently visible.

b.

As a result of granting the administrative variance, a proposed sign will be more architecturally compatible, either by arrangement of the message or by scale, with the building or structure upon which the sign is to be affixed.

c.

That the granting of an administrative variance will serve to eliminate or mitigate an otherwise unsafe condition.

d.

That the necessity for the administrative variance does not arise from actions of the applicant or owner of the subject sign.

v.

No administrative variance may be granted to any sign which is nonconforming according to the provisions of this Ordinance.

vi.

No administrative variance may be granted to any outdoor advertising (billboard) sign as regulated by Section 10.9.

vii.

No administrative variance shall be granted concerning a sign which has previously been subject to the variance procedures as specified in Section 2.6 et. seq. of these regulations.

viii.

If warranted, the DRC may prescribe conditions upon the approval of the administrative variance.

ix.

In granting an administrative variance, the DRC shall specify in writing the basis for therefor.

B.

Other Variances. Where an administrative variance is insufficient for the applicant's desires, and to provide reasonable flexibility in these regulations, the Planning Commission may approve an application for a business sign or advertising structure within a commercial district which may not conform with the provisions of the district in which it is to be located, where the location, size, or addition would not be inconsistent with the character of the area or neighborhood in which such signs or structure is to be located and if conformance would cause undue hardship.

10.4.8 Building Codes. Unless otherwise provided in these regulations, all signs shall be constructed and erected in accordance with the building codes of the City.

(Ord. No. 154, § 3, 6-19-18; Ord. No. 164, § 3, 8-18-20)

This section gives the requirements for permanent and temporary signs; including types allowed, setbacks, sizes, etc. for the zoning districts of D'Iberville.

10.5.1 Residential Districts. Residential Districts shall consist of the AG Agricultural District, R-1 Single-Family Residence District, R-2 Single-Family residence District, R-3 General Residence District, and R-4 Multifamily Residence District.

A.

Permanent/Temporary Signs

i.

Personal identification — 2 square feet, maximum

ii.

For sale or for rent — 4 square feet, maximum

iii.

Yard sale (temporary) — 2 square feet, maximum

iv.

Political (temporary) — 3 square feet, maximum

v.

Churches, schools, fraternal, civic, and other nonprofit uses:

a.

Main sign — 20 square feet, maximum

b.

Bulletin boards — 15 square feet

vi.

Accessory (entrance, exit, etc.) — 2 square feet, per sign

vii.

Flags — One (1) residential size national flag and one (1) residential size state flag per residential use

viii.

Development — Subject to approval of the Planning Commission

ix.

Exempted signs apply to this use area classification and all setbacks are per Zoning District Requirements.

10.5.2 R-O Residential/Office and R4A Districts.

A.

Permanent/Temporary Signs

i.

Same requirement as the Residential Districts as indicated in 10.5.1.A, and all setbacks are per zoning district requirements.

ii.

Size — 64 square feet, maximum

a.

50% of the allowable sign area shall be applied to an on-structure mounted sign.

b.

50% of the allowable sign area shall be applied to a freestanding sign.

iii.

Accessory Signs — Same as above, if applicable

iv.

It is intended that office use signs shall conform architecturally to the existing character of the district, or as approved by the Planning Commission.

10.5.3 C-1 Neighborhood Commercial District.

A.

Permanent/Temporary Signs.

i.

Same requirements as the Residential Districts as indicated in 10.5.1.A and all setbacks are per zoning district requirements, except as noted herein.

ii.

Setback — 10 feet minimum from property line and/or right-of-way line (to edge of sign, not support)

iii.

Size — Freestanding and on-structure mounted signage shall be sized as follows:

a.

Freestanding signs — 0.5 square feet of message area for each foot of property frontage; however, no freestanding sign message area shall exceed 64 square feet per face.

b.

On-structure mounted signs:

i.

Single tenant/single occupancy building — 1 square foot of message area for each linear foot of building frontage, not to exceed 64 square feet of sign message area.

ii.

Multi-tenant/multi-occupant building — 1.3 square feet of message area for each linear foot of building frontage per tenant space, not to exceed 32 square feet of sign message area per individual tenant space. The sign area allowed under this provision shall not be transferrable across tenant spaces.

c.

Limitation on proportion of on-structure mounted signage — In no case shall an on-structure mounted sign exceed eighty percent (80%) of the width and forty percent (40%) of the height of the façade upon which it is mounted. For multi-tenant/multi-occupant buildings, this provision shall apply to each individual lease space facade.

iv.

See Section 10.7.1 Commercial Use for type of sign configurations, etc. Excepted signs apply to this use area classification, and this requirement does not include legal nonconforming signs.

v.

Temporary sidewalk signs shall be allowed, provided that the removal of such occurs at the end of the business day. Sidewalk signs shall have a maximum size of two feet by three feet (2' x 3').

vi.

Revolving signs or beacons, streamers, pennants, banner, corrugated yard signs, flags, animated air powered, and whirling devices may be allowed temporarily for up to 14 days consecutive with specific written approval from the Planning and Zoning Department and by permit with the Building Department. All temporary signs must be located within 200 ft. of the business requesting the approval. A permit application will only be accepted from the owner of the business and/or event being advertised.

B.

Informational and regulatory signs. The following types of signs displayed for the direction, safety, convenience, or information for the public are permitted:

i.

Signs of duly constituted governmental bodies, including traffic or similar regulatory signs, legal notices, and other signs required to be maintained or posted by law or other regulations.

ii.

Utility signs not over four (4) sq ft in area identifying parking area entrances and exits, off-street loading areas, and the like.

iii.

Memorial plaques, cornerstones, historical marker, and the like.

iv.

Project signs: Contractors or Developers signs on construction site, not to exceed sixty-four (64) sq. ft. in area, indicating the names of persons associated with the project for no more than 90 days without written approval from the Planning and Zoning Dept.

C.

Any signage proposed upon properties utilized for residential purposes within the C-1 Neighborhood Commercial District shall conform to Section 10.5.1.

10.5.4 C-2 General Commercial District.

A.

Permanent/Temporary Signs

i.

Same requirements as the Residential Districts as indicated in 10.5.1.A and all setbacks are per zoning district requirements, except as noted herein.

ii.

Setback — 10 feet minimum from property line and/or right-of-way line (to edge of sign, not support).

iii.

Size — Freestanding and on-structure mounted signage shall be sized as follows:

a.

Freestanding signs — 1.0 square foot of message area for each foot of property frontage; however, no freestanding sign message area shall exceed 100 square feet per face.

b.

On-structure mounted signs:

i.

Single tenant/single occupancy building — 1.3 square foot of message area for each linear foot of building frontage, not to exceed 150 square feet of sign message area.

ii.

Multi-tenant/multi-occupant building — 1.3 square feet of message area for each linear foot of building frontage per tenant space, not to exceed 48 square feet of sign message area per individual tenant space. The sign area allowed under this provision shall not be transferrable across tenant spaces.

c.

Limitation on proportion of on-structure mounted signage — In no case shall an on-structure mounted sign exceed eighty percent (80%) of the width and forty percent (40%) of the height of the façade upon which it is mounted.

iv.

See Section 10.7.1 Commercial Use, for type of sign configurations, etc. Exempted signs apply to this use area classification, and this requirement does not include legal nonconforming signs.

v.

Temporary sidewalk signs shall be allowed, provided that the removal of such occurs at the end of the business day. Sidewalk signs shall have a maximum size of two feet by three feet (2' x 3').

vi.

Revolving signs or beacons, streamers, pennants, banner, corrugated yard signs, flags, animated air powered, and whirling devices may be allowed temporarily for up to 14 days consecutive with specific written approval from the Planning and Zoning Department and by permit with the Building Department. All temporary signs must be located within 200 ft. of the business requesting the approval. A permit application will only be accepted from the owner of the business and/or event being advertised.

vii.

Street pole banners are allowed on poles owned and maintained by the business, and can only be placed with an approved permit. All banners must be placed to not obstruct the view of traffic. These banners must be constructed of a durable material designed to withstand weather and properly maintained.

B.

Billboards.

i.

Maximum size — 600 square feet

ii.

Maximum height — 45 feet

iii.

V type — V-type billboards count as one side total, or 600 square feet maximum for both

iv.

Spacing — Minimum spacing between billboards is 1,500 feet in radius

v.

Setbacks — All billboards shall have a minimum setback of 50 feet from roadway and/or any property line.

vi.

No billboard shall be erected within 400 feet of an adjoining residential district. No billboard shall be allowed on a lot with less than 100 feet of street frontage. Billboards shall only be allowed parallel or fronting I-10 and I-110. Billboards shall not be allowed on MS Hwy 67, MS Hwy 15, Old Hwy 67, inner city streets, or roadways.

C.

Informational and regulatory signs. The following types of signs displayed for the direction, safety, convenience or information for the public are permitted:

i.

Signs of duly constituted governmental bodies, including traffic or similar regulatory signs, legal notices and other signs required to be maintained or posted by law or other regulations.

ii.

Utility signs not over four (4) sq ft in area identifying parking area entrances and exits, off-street loading areas and the like.

iii.

Memorial plaques, cornerstones, historical marker and the like.

iv.

Project signs: Contractors or Developers signs on construction site, not to exceed sixty-four (64) sq. ft. in area, indicating the names of persons associated with the project for no more than 90 days without written approval from the Planning and Zoning Dept.

D.

Any signage proposed upon properties utilized for residential purposes within the C-2 General Commercial District shall conform to Section 10.5.1.

10.5.5 C-3 Interstate Commercial District. The area divisions (A, B, C, and D) indicated on the Zoning Map are established for the purpose of these sign regulations only. All other characteristics of the C-3 zoning district (lot area, lot width, building coverage, required yards, and building height) shall be in accordance with Section 4.16 Interstate Commercial District (C-3).

A.

Generally. The following regulations shall apply to all signs within the Interstate District, all sections:

i.

No sign shall be placed or maintained within the district except as herein provided.

ii.

No sign, except an unlighted sign for lease, sale, or rent of property and not exceeding thirty-two (32) sq ft in area; and announcement of profession sign not exceeding four (4) sq ft in area; traffic and other regulatory signs, legal notices and the like shall be placed or erected only after approval of the Planning and Zoning Department.

iii.

No signs attached to the vertical face of a building shall employ flashing, rotating or blinking lights.

iv.

Temporary sidewalk signs shall be allowed, provided that the removal of such occurs at the end of the business day. Sidewalk signs shall have a maximum size of two feet by three feet (2' x 3').

v.

Revolving signs or beacons, streamers, pennants, banner, corrugated yard signs, flags, animated air powered, and whirling devices may be allowed temporarily for up to 14 days consecutive with specific written approval from the Planning and Zoning Department and by permit with the Building Department. All temporary signs must be located within 200 ft. of the business requesting the approval. A permit application will only be accepted from the owner of the business and/or event being advertised.

B.

Informational and regulatory signs. The following types of signs displayed for the direction, safety, convenience or information for the public are permitted:

i.

Signs of duly constituted governmental bodies, including traffic or similar regulatory signs, legal notices and other signs required to be maintained or posted by law or other regulations.

ii.

Utility signs not over four (4) sq ft in area identifying parking area entrances and exits, off-street loading areas and the like.

iii.

Memorial plaques, cornerstones, historical marker and the like.

iv.

Project signs: Contractors or Developers signs on construction site, not to exceed sixty-four (64) sq. ft. in area, indicating the names of persons associated with the project for no more than 90 days without written approval from the Planning and Zoning Dept.

C.

Business signs-on site.

i.

District A, C, D.

a.

Signs advertising a commercial use shall be permitted on-structure (except roof); on a freestanding pole or pylon; and on group signs for multiple businesses such as for a shopping center, strip mall, group business of office complex.

b.

The total length of on-structure signs shall not exceed 80% of total storefront width, maximum letter size 4'0".

c.

The total area of signs permitted on a freestanding pole or pylon or group sign shall not exceed 200 square feet or the sum of 2 square feet for each lineal foot of lot frontage, whichever is greater, in Interstate District A, C and D.

d.

The number of freestanding pole or pylon signs shall not exceed one (1) per development.

ii.

District B.

a.

In Interstate District B, the total area of all signs allowed shall not exceed 1 square foot per lineal foot of property frontage or 100 square feet, whichever is greater, because of the proximity to residential development.

b.

Frontage must be declared where a corner lot or double frontage exists.

D.

Religious, Fraternal, or Civic Signs.

i.

In order to qualify under this section, the entity must be organized and operated as a not-for-profit corporation under the laws of the State of Mississippi.

ii.

Signs advertising a religious, fraternal, or civic use shall be permitted on-structure (except roof); on a freestanding pole or pylon; and on group signs such as for a shopping center, strip mall, group business or office complex.

iii.

The total area of signs permitted on a freestanding pole or pylon or group sign shall not exceed 200 square feet or the sum of 2 square feet for each lineal foot of lot frontage, whichever is greater.

iv.

The total area of on-structure signs shall not exceed 80% of total storefront width, maximum letter size 4'0".

v.

Except for commercially zoned property, this type of use for signage purposes must comply with the general aesthetics of the location, as reviewed and approved by the planning commission.

E.

Residential Signs. No signs are allowed in the residential use areas, except those signs as indicated under the exempted section (Section 10.11), or allowed under other sections of that Article.

F.

Sale or Rent Signs. Signs advertising that the premises are for lease, sale or rent are permitted; provided that each real estate firm shall be limited to one such sign not to exceed sixteen (16) square feet in area on each lot or parcel of property for which such firm has a bona fide listing, and that such sign shall be removed from the premises within ten (10) days subsequent to the leasing, sale or rental of such premises.

G.

Development Signs.

i.

One company sign not to exceed sixty-four (64) square feet in area may be affixed to each lot or parcel of property to designate that such property is to be occupied at the future date by the business or use designated. This sign shall remain in place no longer than six (6) months, unless an extension is granted by the Planning Commission.

ii.

Signs such as, entrance identification at subdivisions and other similar type developments are permitted as permanent signs, as approved by the Planning Commission.

H.

Sign Setbacks. Each sign must be setback ten (10) feet minimum from the property line and/or right-of-way line (to edge of sign, not support)

I.

Sign Height Requirements.

i.

District A. The height of the sign shall not exceed sixty-five (65) feet in height if the property in question is located south of Mallett Road and the extension that is being constructed and eight-five (85) feet in height if the property in question is located to the north of said road, or as otherwise required by FAA or approved by the planning commission with acceptance of the development plan.

ii.

District B. The height of the sign shall not exceed thirty-five (35) feet in height, or as otherwise required by the FAA or approved by the planning commission with acceptance of the development plan.

iii.

District C. The height of the sign shall not exceed sixty-five (65) feet in height, or as otherwise required by the FAA or approved by the planning commission with acceptance of the development plan.

iv.

District D. The height of the sign shall not exceed 65' in height if the property in question is located southeast Promenade Parkway and 85' in height if the property in question is located northeast of Promenade Parkway, or as otherwise required by FAA or as otherwise approved by the Planning Commission with acceptance of the development plan.

J.

Any signage proposed upon properties utilized for residential purposes within the C-3 Interstate Commercial District or any division thereof shall conform to Section 10.5.1.

10.5.6 I Industrial District. Exempt signs apply to this area classification, and this requirement does not include legal nonconforming signs.

A.

Permanent/Temporary Signs.

i.

Setback — Same as district zoning regulations

ii.

Size — 200 square feet maximum

a.

50% of the allowable sign area shall be applied to an on-structure mounted sign.

b.

50% of the allowable sign area shall be applied to a freestanding sign

iii.

See Section 10.7.1 Commercial Use for type of sign configurations, etc. Exempted signs apply to this use area classification, and this requirement does not include legal nonconforming signs.

B.

Any signage proposed upon properties utilized for residential purposes within the I Industrial District shall conform to Section 10.5.1.

10.5.7 WF Waterfront District.

A.

Generally. The following regulations shall apply to signs within the WF-1 and WF-2 waterfront districts:

i.

No sign shall be placed or maintained within the waterfront district except as herein provided.

ii.

No sign, except an unlighted sign for lease, sale, or rent or property and not exceeding twelve (12) square feet in area; and announcement of profession sign not exceeding two (2) square feet in area; traffic and other regulatory signs; legal notice and the like shall be placed or erected without the prior approval of the Building Official.

iii.

No signs which extends above the building or structure; sign employing flashing, rotating, or blinking lights.

iv.

Temporary sidewalk signs shall be allowed, provided that the removal of such occurs at the end of the business day. Sidewalk signs shall have a maximum size of two feet by three feet (2' x 3').

v.

Revolving signs or beacons, streamers, pennants, banner, corrugated yard signs, flags, animated air powered, and whirling devices may be allowed temporarily for up to 14 days consecutive with specific written approval from the Planning and Zoning Department and by permit with the Building Department. All temporary signs must be located within 200 ft. of the business requesting the approval. A permit application will only be accepted from the owner of the business and/or event being advertised.

B.

Informational and regulatory signs. The following types of signs displayed for the direction, safety convenience or information for the public are permitted.

i.

Signs of duly constituted governmental bodies, including traffic or similar regulatory signs, legal notices and other signs required to be maintained or posted by law or other regulations.

ii.

Utility signs not over four (4) square feet in area identifying parking area entrances and exits, off-street loading areas and the like.

iii.

Memorial plaques, corner stones, historical maker, and the like.

iv.

Temporary announcement signs including contractors' signs on constructions sites, not to exceed thirty-two (32) square feet in area, indicating the names of persons associated with or events conducted upon the premises.

v.

Project signs: Contractors or Developers signs on construction site, not to exceed sixty-four (64) sq. ft. in area, indicating the names of persons associated with the project for no more than 90 days without written approval from the Planning and Zoning Department.

C.

Business Signs.

i.

The total area of all business signs on a building, structure, or lot shall not exceed three hundred (300) square feet or the sum of six (6) square feet for each linear foot of lot frontage, whichever is greater.

a.

50% of the allowable sign area shall be applied to an on-structure mounted sign.

b.

50% of the allowable sign area shall be applied to a freestanding sign.

ii.

No single business sign surface may exceed three hundred (300) square feet in area, nor shall two (2) or more signs be so arranged and integrated as to create a surface area in excess of three hundred (300) square feet.

D.

Sale or Rent Signs.

i.

Signs advertising that the premises are for lease, sale, or rent are permitted; provided that each real estate firm shall be limited to one such sign not exceeding sixteen (16) square feet in area on each lot or parcel of property for which such firm has a bona fide listing, and that such sigh shall be removed from the premises within ten (10) days subsequent to the leasing, sale, or rental of such premises.

E.

Development Signs.

i.

One company sign not to exceed sixty-four (64) square feet in area may be affixed to each lot or parcel of property to designate that such property is to be occupied at a future date by the business or used designated.

F.

Height Requirements.

i.

No structure of any kind, except signs as otherwise provided, shall exceed one hundred ten (110) feet in height, or as otherwise required by the FAA.

G.

Any signage proposed upon properties utilized for residential purposes within the WF Waterfront District shall conform to Section 10.5.1.

10.5.8 FMD French Market District.

A.

Generally. The following regulations shall apply to all signs within the French Market District:

i.

No sign shall be placed or maintained within the district except as herein provided.

ii.

No sign, except an unlighted sign for lease, sale, or rent of property and not exceeding thirty-two (32) sq ft in area; and announcement of profession sign not exceeding four (4) sq ft in area; traffic and other regulatory signs, legal notices and the like shall be placed or erected only after approval of the Planning and Zoning Department.

iii.

No signs attached to the vertical face of a building shall employ flashing, rotating or blinking lights.

iv.

Temporary sidewalk signs shall be allowed, provided that the removal of such occurs at the end of the business day. Sidewalk signs shall have a maximum size of two feet by three feet (2' x 3').

v.

Revolving signs or beacons, streamers, pennants, banner, corrugated yard signs, flags, animated air powered, and whirling devices may be allowed temporarily for up to 14 days consecutive with specific written approval from the Planning and Zoning Department and by permit with the Building Department. All temporary signs must be located within 200 ft. of the business requesting the approval. A permit application will only be accepted from the owner of the business and/or event being advertised.

B.

Informational and regulatory signs. The following types of signs displayed for the direction, safety, convenience or information for the public are permitted:

i.

Signs of duly constituted governmental bodies, including traffic or similar regulatory signs, legal notices and other signs required to be maintained or posted by law or other regulations.

ii.

Utility signs not over four (4) sq ft in area identifying parking area entrances and exits, off-street loading areas and the like.

iii.

Memorial plaques, cornerstones, historical marker, and the like.

iv.

Project signs: Contractors or Developers signs on construction site, not to exceed sixty-four (64) sq. ft. in area, indicating the names of persons associated with the project for no more than 90 days without written approval from the Planning and Zoning Dept.

C.

Business signs-on site.

i.

Signs advertising a commercial use shall be permitted on-structure (except roof); on a freestanding pole or pylon; monument sign; and on group signs for multiple businesses such as for a shopping center, strip mall, group business of office complex.

ii.

In the French Market District, the total area of all signs allowed shall not exceed 1.5 square foot per lineal foot of property frontage or 150 square feet, whichever is greater, because of the proximity to residential development.

iii.

The total area of signage permitted on a freestanding pole or pylon or group sign shall not exceed 125 square feet.

iv.

The number of freestanding pole, pylon or group signs shall be limited to one per development.

v.

The total length of on-structure signs shall not exceed 80% of total façade width, and the maximum letter size shall be 4 feet.

vi.

Frontage must be declared where a corner lot or double frontage exists. The signage allowed by the length of a frontage must be placed upon that frontage.

D.

Religious, Fraternal, or Civic Signs.

i.

In order to qualify under this section, the entity must be organized and operated as a not-for-profit corporation under the laws of the State of Mississippi.

ii.

Signs advertising a religious, fraternal, or civic use shall be permitted on-structure (except roof); on a freestanding pole or pylon; and on group signs such as for a shopping center, strip mall, group business or office complex.

iii.

The total area of signs permitted on a freestanding pole or pylon or group sign shall not exceed 100 square feet or the sum of 1 square foot for each lineal foot of lot frontage, whichever is greater.

iv.

The total area of on-structure signs shall not exceed 80% of total façade width, maximum letter size 4'0".

E.

Residential Signs. No signs are allowed in the residential use areas, except those signs as indicated under the exempted section (Section 10.11), or allowed under other sections of that Article.

F.

Sale or Rent Signs. Signs advertising that the premises are for lease, sale or rent are permitted; provided that each real estate firm shall be limited to one such sign not to exceed sixteen (16) square feet in area on each lot or parcel of property for which such firm has a bona fide listing, and that such sign shall be removed from the premises within ten (10) days subsequent to the leasing, sale or rental of such premises.

G.

Development Signs.

i.

One company sign not to exceed sixty-four (64) square feet in area may be affixed to each lot or parcel of property to designate that such property is to be occupied at the future date by the business or use designated. This sign shall remain in place no longer than six (6) months, unless an extension is granted by the Planning Commission.

ii.

Signs such as entrance identification at subdivisions and other similar type developments are permitted as permanent signs, as approved by the Planning Commission.

H.

Sign Setbacks. Each sign must be setback ten (10) feet minimum from the property line and/or right-of-way line (to edge of sign, not support)

I.

Sign Height Requirements.

i.

Residential uses. The height of free standing, ground mounted signs shall not exceed eight (8) feet in height.

ii.

Commercial. The height of free standing, ground mounted, pole or pylon signs shall not exceed thirty-five (35) feet in height.

J.

Any signage proposed upon properties utilized for residential purposes within the French Market District shall conform to Section 10.5.1.

(Ord. No. 154, § 3, 6-19-18; Ord. No. 164, § 3, 8-18-20; Ord. No. 189, Exh. A, 9-17-24)

The following signs are illegal signs and are prohibited within the city limits:

A.

Any signs attached to the following: The roof or top of a building or structure, out-buildings, appurtenant structures, utility poles, fences, trees, vehicles (except for identification of business, see Section 10.7 Permanent Signs, and added to any existing sign (except those signs originally designed for group advertising.)

B.

Any signs located as follows: Signs located on city, county, state, or other government property, including public lands, rights-of-way, easements, or similar locations (except those signs exempted, from this requirement), and no sign shall be constructed within fifty (50) feet of a residential district and sizes over fifty (50) distant must face away from the residential area (lighting must be indirect or diffused).

C.

Design and construction restraints. Any sign that uses flashing lights, such as strobe, etc., (except those signs that are of a particular design that have been approved by the Planning Commission); any sign that uses the red, amber, green and red and blue colored lights which may be misinterpreted as emergency, police, and traffic-control identification; any sign that exhibits confusing form, color, lighting, or that may affect normal visibility for traffic, etc.; any sign that allows trash, debris, etc., to exist, which may be considered a fire and/or health hazard.

D.

Portable signs of any type other than a sidewalk sign as found in Section 10.5.

The following permanent signs shall be permitted in the indicated land use classifications:

10.7.1 Commercial Use. Identification signs allowed in commercial use areas include the following:

A.

Building structure mounted signs

i.

Roof mounted sign are prohibited

ii.

Building mounted signs must be approved as an architectural design by the Planning Commission

B.

Freestanding pole or pylon signs

C.

Group signs

i.

Shopping Center

ii.

Group Business

iii.

Office Complex

D.

Accessory signs such as traffic-control (not public)

E.

Corner Lot or Double Frontage

i.

Sign square footage requirement can be a maximum of ten (10) percent of the main identification sign square footage requirement

ii.

Signs shall be limited to one (1) per street frontage

F.

Digital signs or digital display areas may be incorporated into the freestanding sign subject to the following criteria:

i.

A digital sign shall be permitted only as an integral component of a freestanding sign.

a.

A digital sign shall be compatible with the design of the primary sign structure including width, depth, material, and color of the cabinet.

ii.

The digital display portion of the sign shall comprise no more than 50% of the total sign area.

iii.

No sign shall be permitted which is animated by means of flashing, scintillating, blinking, or traveling lights.

iv.

There shall be no effects of movement, animation, scrolling, flashing, scintillation or similar effects, and shall display only static images.

v.

The static display time for each message shall be a minimum of eight (8) seconds.

vi.

The time to completely change from one message to the next is a maximum of one (1) seconds and shall not use fading, rolling, window shading, dissolving, or similar effects as part of the change.

vii.

All such signs shall have installed light monitors, and shall at all times allow such monitors to automatically adjust the brightness level of the sign based on ambient light conditions. In addition, maximum brightness levels for said sign shall not exceed five thousand five hundred (5,500) nits from dawn to dusk, during daylight hours, and one thousand (1,000) nits from dusk to dawn, nighttime hours.

viii.

Any digital display sign face or similar such sign that malfunctions, fails, or ceases to operate in its usual or normal programmed manner, causing motion, movement, flashing, or any similar effects, shall have a default mechanism freezing said sign if any such malfunction occurs.

ix.

Digital signs are prohibited from being inserted into or added to nonconforming signs.

10.7.2 Development Signs. Signs such as entrance identification at subdivisions, apartment complexes, and other similar type residential developments.

10.7.3 Nonprofit Uses. Signs for these uses must be for a nonprofit entity (religious, civic, fraternal, other nonprofit entities, memorial plaques, historical plaques, and other similar uses) and allows signs on structure, pole and/or pylon sign, bulletin board sign, and accessory signs all subject to the required setback, square footage, and illumination requirements as set forth otherwise in this article. Except for commercially zoned property, this type of use (for signage) must comply with the general aesthetics of the location as directed and approved by the Planning Commission. Accessory signs, similar to those described under commercial use, may be allowed subject to the Planning Commission approval.

10.7.4 Residential Use. No signs are allowed in the residential use areas, except those signs as indicated under the exempted section of this article (Section 10.11); or allowed under other sections of this article; and home occupation signs may be allowed, subject to existing covenants and subject to the Planning Commission review and approval.

10.7.5 Vehicle Signs. Signage may be attached, painted, or otherwise applied to the doors, roof, or side panels of business vehicles in accordance with the following limitations:

A.

Any vehicle bearing signage shall not be used for the primary purpose of advertising.

B.

Vehicle shall not be parked continuously for a period of more than forty-eight (48) hours if the signage thereon is visible from a public street or right-of-way.

This section shall not apply to Mobile Billboards as regulated in Section 10.7.6.

10.7.6 Mobile Billboards.

A.

Mobile Billboards shall mean one or more advertising display structures that are mounted upon, painted upon, or otherwise erected on a trailer, truck, automobile, or other vehicle for the primary purpose of advertising. The term does not include a sign that is displayed or installed on:

i.

A bus, taxicab, or similar vehicle that is used primarily for the purpose of transporting multiple passengers; or

ii.

A vehicle operated in the normal course of the vehicle owner's business, if the sign contains advertising or identifying information directly related to the business and is not used to display advertising that is unrelated to the business.

B.

General Requirements for Mobile Billboards.

i.

No person shall operate a mobile billboard on a street, public or private, within residential areas of the City

ii.

Mobile billboards shall be allowed to travel the public streets of the City's commercial corridor during normal business hours.

iii.

The parking of a mobile billboard on any street within the City for the primary purpose of advertising is prohibited.

iv.

When parked, mobile billboards shall not be visible from a public street or right-of-way.

All signs classified as temporary must be approved by the Building Official (except those signs that are exempted), and are all generally limited to a specific time period. Signs classified as temporary include proposed development signs, construction signs, banners, posters, flags, and other similar type signs.

Outdoor advertising signs shall only be located in the C-2 Commercial District.

10.9.1 Digital Billboards.

A.

Generally. Construction of new or conversion of existing billboards to digital display billboards shall be subject to the following provisions:

i.

Any newly erected digital display billboard shall adhere to the provisions as set forth in this section and all other provisions of this ordinance pertaining to such billboard.

ii.

No digital billboard shall be erected or existing billboard converted to a digital billboard within three thousand (3,000) feet of any other billboard facing the same such direction on the same street, highway, or interstate.

iii.

A permit for the construction and/or erection of a new outdoor advertising sign structure containing digital displays or conversion of an existing static display sign structure to a digital display sign structure may be issued after the permanent removal of any other billboards pursuant to the provisions of Section 10.13.4.

iv.

The owner of every permitted Digital Billboard shall provide the Building Official with an on-call contact person and phone number for each permitted Digital Billboard. The contact person must have the authority and ability to make immediate modifications to the displays and lighting levels should the need arise.

v.

Upon notification by the Building Official that any display or effect thereon causes glare, impairment of driver vision, or otherwise interferes with the operation of a motor vehicle, the owner of the sign shall promptly and diligently begin and complete modifications needed to reduce lighting intensity of the digital billboard to a level acceptable to the Building Official.

vi.

If the malfunction poses a hazard to the safety of the traveling public, the sign shall be turned off on arrival by the owner or its maintenance personnel until such repairs can be made.

vii.

Failure to reduce lighting intensity on request shall be cause for revocation of the permit.

B.

Digital Billboard Display Faces. Digital display sign faces shall be allowed, subject to the following provisions:

i.

There shall be no effects of movement, animation, scrolling, flashing, scintillation or similar effects, and shall display only static images.

ii.

The static display time for each message shall be a minimum of eight (8) seconds.

iii.

The time to completely change from one message to the next shall be such that the change is instantaneous according to the human eye. The use of fading, rolling, window shading, dissolving, or similar effects as part of the message change is prohibited.

iv.

All such signs shall have installed light monitors, and shall at all times allow such monitors to automatically adjust the brightness level of the sign based on ambient light conditions. In addition, maximum brightness levels for said sign shall not exceed five thousand five hundred (5,500) nits from dawn to dusk, during daylight hours, and one thousand (1,000) nits from dusk to dawn, nighttime hours.

v.

Any digital display sign face or similar such sign that malfunctions, fails, or ceases to operate in its usual or normal programmed manner, causing motion, movement, flashing, or any similar effects, shall have a default mechanism freezing said sign if any such malfunction occurs.

Temporary signs such as proposed development signs, banners, political signs, flags (including feather flags), posters, public notification, large scale events (circus, fairs, expositions, etc.), sales promotions, bazaars (not yard sales), holiday events, etc., may be approved for limited temporary use for up to 30 days consecutive with specific written approval from the Planning and Zoning Department and by permit with the Building Department. All temporary signs must be located within 200 ft. of the business requesting the approval. A permit application will only be accepted from the owner of the business and/or event being advertised. Temporary signage permits may be extended for an additional 30 days with written permission from the Planning and Zoning Department.

The following types of signs are exempted from the requirements of this article, except those particular signs that may be classified by the Planning Commission as obscene, dangerous or hazardous, conflicting aesthetically, or that generally do not meet the basic requirements of other sections of this article, such as design, maintenance, etc., signs. Exempted signs allowed are residential identification signs, for sale or rent signs, yard sale signs, national flags, legal notices, traffic-control signs, street signs, construction-control signs, political yard signs (if installed no sooner than sixty (60) days from the scheduled election and removed no later than fifteen (15) days from the conclusion of the specific election), temporary posters (affixed to glass storefront windows), signs on vehicles (not stored, immobile, or permanently parked), temporary sidewalk signs (removed at the end of the business day), and other similar types of signage. Note: No permit is required for exempted signs.

A.

All signs shall be designed according to generally accepted engineering practices to withstand wind pressures and to ensure that loads are distributed to structural supports to avoid overstress and all signs must be reasonably and properly anchored to avoid being swept away by wind or water. All signs over twenty (20) feet in height are required to have a set of plans or drawings, signed and stamped by a Mississippi Registered Engineer certified to meet wind load requirements as per current adopted Building Codes. Also, all signs shall be maintained and in good repair and appearance.

B.

All outdoor advertising signs, displays, or devices in the city, except those signs excepted from regulation in Section 10.11, shall display the name or logo of the owner of such sign display or device if the owner is separate or distinct from the owner of the real property upon which the advertising is located. In cases in which such notice of ownership is not displayed, the sign display or device shall be construed to have attached to the real estate upon which the outdoor advertising is located.

10.13.1 Existing Nonconforming Use. Signs which were legally in existence prior to the adoption of this Ordinance which do not conform to the provisions of this Ordinance are declared non-conforming signs. It is the intent of this section to recognize that the eventual elimination, as fairly as possible, of non-conforming signs is as much a subject of public health, safety, and welfare as is the prohibition of new signs that would violate the provisions of this ordinance.

10.13.2 General Non-Conforming Sign Provisions.

A.

Subject to any other exceptions contained in this Ordinance, any nonconforming signs may be continued in operation and maintained after the effective date of this Ordinance provided, however, that non-conforming signs shall not be:

i.

Changed to or replaced with another nonconforming sign including changing the sign face (except for changeable copy signs which comply with this regulation and Outdoor Advertising Signs.)

ii.

Converted from a static display message area to a digital or electronically display message area.

iii.

Structurally altered so as to extend their useful life.

iv.

Expanded.

v.

Relocated.

vi.

Re-established after damage of more than fifty percent (50%) of the value at the time of such damage or destruction.

vii.

Modified in any way that would increase the degree of non-conformity of such sign.

B.

Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition of any portion of a sign or structure declared unsafe by the Building Official. Such signs may be improved only to the extent that such improvement does not exceed fifty percent (50%) of the current market value of the existing sign structure.

10.13.3 Discontinued Use of Existing Nonconforming Signs. Discontinued use of an existing nonconforming sign for a period of six (6) months shall require such sign to be either removed in its entirety or otherwise brought into conformance with these regulations. Nothing herein shall relieve one of the responsibility of acquiring any necessary permits, approvals, or inspections associated with the conversion of a sign from a nonconforming status to a conforming status.

10.13.4 Modifications to Non-Conforming Billboards. The owner of any existing Billboard may voluntarily petition the Planning Commission and subsequently the Mayor and City Council to allow the relocation or modification of an existing nonconforming billboard. Approval of any such petition may be conditioned on an overall net reduction in the number of billboards within the city by voluntary removal, with the ultimate goal of the City of D'Iberville being the complete removal of all nonconforming billboards within the city. The approval of the Mayor and City Council is discretionary. At a minimum, the petition shall set forth the following:

A.

A description of the existing billboard proposing to be modified and a description of the proposed modification.

B.

If a billboard is proposed to be relocated, the proposed new location of the billboard.

C.

The location of existing billboards to be removed in support of the petition.

D.

An acknowledgement that the request is voluntary and no compensation is expected or required in return for voluntarily removing any billboards.

E.

The time required to remove any existing billboards, along with the timing of the proposed modifications or relocation of the billboard subject to the petition.

F.

Any other information as may be requested by the City of D'Iberville in consideration of the petition.

The petition shall be in the form of a written request from the billboard owner and shall contain the above described information. Such request shall be placed on the next available Planning Commission agenda provided such request is received ten days prior to the scheduled Planning Commission meeting. The Planning Commission shall review the petition and forward a recommendation to the Mayor and City Council for final disposition. In consideration of the petition, the Planning Commission and the Mayor and City Council shall take into consideration the number of non-conforming billboards remaining within the city and number of potential locations where a billboard may be placed in conformance with these regulations. With this information, a ratio may be established as to the desired number of billboards to remove for each billboard modified or brought into conformance.

Nothing in the section shall require a fee associated with the petition nor shall a public hearing or public notice be required for the consideration of the petition before the Planning Commission or City Council. However, nothing herein shall relieve the owner or any other party from securing any necessary permits or approvals for the execution of the activities described in the petition.

A.

Any outdoor advertising sign, whether permitted to remain as a nonconforming sign or whether erected under the terms and in accordance with this article, which is found to be abandoned, or is not properly maintained and in a state of disrepair, or signs which do not meet all requirements of the building codes, including the issuance of a permit therefor, shall be removed by the property owner or sign owner within thirty (30) days or such signs shall become subject to removal by the city, without liability.

B.

Business signs which are not properly maintained and are in a state of disrepair, or which are abandoned, may likewise be removed by the city, without liability, following a thirty-day period of notification to the property owner or lessee.

In addition to the penalties and enforcement remedies available then city under the general zoning ordinance of the city, the city may petition the chancery court for the 2 ^nd Judicial District of Harrison County for injunctive or other appropriate relief from any unlawful or unauthorized outdoor advertising sign, device or display. The owner or owners of each and every outdoor advertising sign, device, or display shall be deemed to be doing business in the city and therefore subject to the jurisdiction of the chancery court, which may award cost of any action brought under this section, including court cost, expenses, and reasonable attorney' fees, to the prevailing party.