(a)

The purpose of this section shall be to delineate the type, placement, and physical dimensions of signs allowed within the city; to enhance the economy of the city; to promote the aesthetic values of the City of Greenwood by elimination of visual blight; to preserve the quality of life in the community; to promote both renovation and proper maintenance of signs; and to guarantee equal treatment through accurate record keeping and consistent enforcement.

(b)

Signs are permitted as hereinafter regulated, provided that no sign shall be permitted which is not an accessory to the business conducted on the property.

(a)

Permitted signs. The following sign types are established and permitted in the City of Greenwood under the conditions of this section:

Sign Types and Examples

(1)

Signs permitted by district.

(2)

Sign dimensions.

Notes:

1. Wall signs shall be attached to the building and shall not project more than 12 inches from the face of the building.

2. There shall not be more than one (1) free-standing or name plate sign per 100 feet of street frontage. The separation of free-standing or name plate signs on adjoining lots shall include a minimum distance of 100 feet between signs. In instances where an individual property owner does not own sufficient land to meet the minimum separation distance between signs, one sign shall be on the property at a location that maximizes the distance between existing signs on adjacent lots.

3. For the purposes of determining the sign surface area for free-standing signs, street frontage shall be determined by the principle entrance to the lot and on only one side of the lot. Sign height shall be determined by measuring the distance from the surrounding grade to the top of the sign.

4. In the event there is more than one (1) tenant in the business building, each tenant is entitled to one (1) name plate sign attached to the free-standing sign provided. However, each such name plate sign shall be of uniform dimensions and lettering and no name plate sign shall exceed 9 S.F. in sign area.

5. No sign shall be lighted by means of flashing or intermittent illumination. No sign shall be painted by means of "air brush" or be painted in loud, obnoxious colors. No sign shall be erected that will obstruct the vision of passing motorists.

(b)

Prohibited signs. The following types of signs are prohibited under this article:

(1)

Portable signs.

(c)

Special provisions.

(1)

Free-standing pole signs shall provide for the skirting of poles with durable materials that complement the design of the primary business structure. Skirting shall be applied to at least the lower half of the pole, or the lower six (6) feet of the pole, whichever is more.

(2)

Development signs shall be limited to no more than one per street frontage and each sign shall be no larger than thirty-two (32) square feet in sign area. All information about contractors, financial institutions, architects, developers, etc. shall be displayed on the sign. No other signs shall be allowed during construction except real estate signs. Development signs shall be allowed to be erected without a permit.

(3)

Real estate signs shall be limited to no more than one per street frontage. In agricultural, commercial, and industrial districts, the sign area of one face shall not exceed twenty (20) square feet. In no case shall the total sign area of all signs on the property exceed forty (40) square feet. In residential districts, the sign area of one face shall not exceed eight (8) square feet. In no case shall the total sign area of all signs on the residential property exceed sixteen (16) square feet. Signs shall be located at least one (1) foot from the right-of-way. Real estate signs shall be allowed to be erected without a permit.

(4)

Temporary business signs shall be limited to no more than two per business and each sign shall be no larger than twenty-five (25) square feet in sign area. They shall be properly secured to the wall of the business and shall be maintained in a neat and orderly manner. Temporary business signs shall be allowed to be erected without a permit.

(5)

Window signs shall be maintained in a neat and orderly manner and shall be allowed to be erected without a permit.

(6)

Upon receipt of a sign permit for the construction or alteration of a new or existing business sign, a property owner may place one (1) portable sign on his or her property for up to fourteen (14) days from the date of the sign permit issuance.

(7)

No political sign may be placed on any public right-of-way or on public property. Political signs shall be allowed to be erected without a permit.

(8)

Public signs and flags, including all city, state, and federal signs, the official flag of the United States of America, the official flag of the State of Mississippi, and flags representing other governmental or civic entities, events and/or causes are not considered a sign under these regulations.

(9)

Signs erected by an authorized public agency for the purposes of directing traffic or providing information are not affected by these regulations.

(d)

Abandoned signs.

(1)

A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises; or the sign does not display a well maintained message for a consecutive 90-day period; or the owner of the sign cannot be located at the Owner's last address as reflected on the records of the Leflore County Tax Assessor; or the sign is no longer fully supported by the structure designed to support the sign, for a consecutive 90-day period.

(2)

If the owner or lessee fails to remove it, the code enforcement officer shall give the owner thirty (30) days written notice to remove it. Upon failure to comply with this notice, the code enforcement officer or their duly authorized representative may remove the sign at cost to the owner.

(3)

Where a successor to a defunct business agrees to maintain the sign or signs as provided in this article, this removal requirement shall not apply.

(a)

Prohibited signs.

(1)

It shall be unlawful for any person to erect, repair, alter, relocate or maintain within the historic districts of the city any of the following sign types:

a.

Flashing, neon or animated signs;

b.

Off-premises signs;

c.

Outdoor advertising signs;

d.

Portable signs.

(2)

The erection, construction, location and/or use of any sign within the historic districts is prohibited as follows:

a.

No sign shall contain statements, words, or pictures which display sexual anatomical areas or sexual activities of any animal, or which contain words which are classified as "vulgar" or "vulgar slang" in the New College Edition of the American Heritage Dictionary of the English Language.

b.

No sign shall be permitted on, or protrude into any public right-of-way, street or passageway except as provided for specifically herein.

c.

Except for signs installed by or with the approval of the appropriate government agency, no sign shall be attached to, hung or painted on any curb stone, hydrant, lamp post, barricade, temporary walk, telephone pole, utility pole, tree or on a fixture of a fire alarm or police call system within any public right-of-way, street or passageway.

d.

No sign shall be permitted that would obstruct the line of sight, or the triangular sight distance, of motorists or pedestrians at intersections, driveways, or any public right-of-way, street or passageway.

e.

No sign shall be permitted whereby its location, nature, or type constitutes a hazard to the safe and efficient operation of vehicles upon any public right-of-way, street, or passageway.

f.

No sign shall be permitted that would obstruct or resemble traffic signs or symbols, or that would tend to be confused with the flashing light of an emergency vehicle.

g.

No sign shall be permitted that prevents free ingress and/or egress from any door, window, or fire escape.

h.

No sign shall be permitted which contains or utilizes revolving or rotating beams of light or stroboscopes. Flashing signs shall not be permitted except for time and temperature signs.

i.

No detached sign shall be located closer than ten (10) feet from any power or utility transmission line.

j.

No sign shall be placed on a vehicle or trailer which is parked for the primary purpose of displaying said sign. This does not apply to specially permitted portable signs, or to signs or lettering on busses, taxis, or vehicles operating during the normal course of business.

(b)

Permitted signs. The following signs are permitted within the historic districts:

(1)

Any principal building may install sandwich boards to a maximum sign area of six (6) square feet per side. The chief of code enforcement or his or her designee shall assist with the placement of the sandwich boards.

(2)

Incidental signs not to exceed six (6) square feet in aggregate sign area per occupancy.

(3)

One wall sign or window sign for each frontage not to exceed twenty (20) per cent of the total area of the wall to which it is attached, and also not to exceed twenty-five (25) square feet in sign area. On-premises wall signs must not extend above/below the roof line of or the second floor level.

(4)

One construction sign for each street frontage of a construction project, not to exceed ten (10) square feet in sign area in single-family residential zoning districts or thirty-five (35) square feet in sign area in all other zoning districts. Such signs may be erected ten (10) days prior to beginning of construction and shall be removed within thirty (30) days following completion of construction.

(5)

Two (2) non-illuminated real estate signs per lot or premises, not to exceed ten (10) square feet in sign area in single-family residential zoning districts or thirty-five (35) square feet in sign area in all other zoning districts. Such signs must be removed thirty (30) days following sale, rental, or leasing of lot or premises.

(6)

Non-illuminated political signs, not to individually exceed six (6) square feet in sign area. Such signs shall be removed within thirty (30) days following the applicable election or referendum. Political signs may be placed only on private property with the permission of the property owner.

(7)

Two (2) free-standing directional or information sign(s) per premises, not to individually exceed three (3) square feet in sign area or thirty (30) inches in height.

(8)

All signs required to be posted by law, or erected by governmental agencies shall be permitted.

(9)

External illumination, if used, shall not be blinking, fluctuating, or moving. Light rays shall shine only upon the sign or upon the property lines in any direction, except by indirect reflection.

(10)

All awning, marquee, and under-canopy signs shall have a minimum clearance of nine (9) feet over any pedestrian area.

(11)

Where a principal building has frontage on more than one street or pedestrian walkway that provides public access, or where a principal building has at least thirty-three (33) linear feet of frontage adjacent to an off-street parking area, one wall sign for each frontage shall be permitted as specified above.

(c)

Abandoned signs.

(1)

Any on-premises sign and/or sign support relating to any business or other use shall be removed by the owner of the sign and/or property within sixty (60) days after such business has been vacated or terminated.

(d)

Nonconforming signs.

(1)

Eligibility. Existing signs which do not conform to the specific provisions of this guideline may be eligible for the designation "nonconforming" provided that:

a.

The community development division determines that such signs are properly maintained and do not in any way endanger the public.

b.

The sign was covered by a valid permit or variance or complied with all applicable laws on the date of adoption of this guideline.

(2)

Loss of nonconforming status.

a.

A nonconforming sign may lose this designation if:

1.

The sign is relocated or replaced.

2.

The structure of the sign is altered in any way except towards compliance with this guideline. This does not refer to change of copy or normal maintenance.

3.

The business location is vacant for one year or more.

(3)

Maintenance and repair of nonconforming signs.

a.

The nonconforming sign is subject to all requirements of this guideline regarding safety, maintenance, and repair. However, if the sign suffers more than fifty (50) per cent appraised damage or deterioration, it must be brought into conformance with this guideline or removed.

(a)

Sign permit.

(1)

Before commencing the construction, alteration, erection, addition to, or moving of any business sign or part thereof located within a non-residential zone, except the signs exempted by this guideline, a sign permit shall be obtained from the community development division, as outlined in section 8-27 of the Code of Ordinances. If said sign is being constructed, altered, erected, added to, or moved by a licensed contractor, then said contractor shall be responsible for obtaining a sign permit from the community development division.

(2)

Whenever applicable, sign permit applications for any sign encroaching the air space of city property, public right(s)-of-way or easement(s) shall be accompanied by a properly executed encroachment agreement that has been executed by the owner and the city.

(b)

Sign permit applications.

(1)

The community development division officer shall not issue a sign permit unless the plans, specifications, and intended use of such sign conforms in all respects to the applicable provisions of this guideline.

(2)

When requested by the community development division officer, applications for sign permits shall include a drawing to scale of the proposed sign and all existing signs maintained on the premises and visible from the right-of-way, a drawing of the lot plan or building facade indicating the proposed location of the sign, and specifications for its construction, lighting, motion and wiring, if any. The application for a sign permit shall be accompanied by other such information as the community development division may require enabling the office to act upon such application.

(3)

The community development division shall issue a permit for the erection, alteration, or relocation of a sign within seven (7) calendar days of receipt of a valid application, provided that the sign complies with all applicable laws and regulations of the city. In all applications, where a matter of interpretation arises, the more specific definition or higher standard shall prevail.

(4)

When a permit is denied by the community development division, a written notice shall be given to the applicant along with a statement of the reason(s) for denial. The officer may suspend or revoke an issued permit for any false statement or misrepresentation of fact in the application.

(Res. of 11-16-2021)

(a)

The city code enforcement officer is directed to administer and enforce all of the provisions of this article.

(b)

Any person aggrieved by any interpretation or order of the code enforcement officer may appeal to the planning commission. The code enforcement officer shall take no further action on the matter pending the planning commission's decision, except for unsafe signs which present an immediate and serious danger to the public as provided in this article.

(c)

Where work for which a sign permit is required is started or proceeded with prior to obtaining said permit, the fees set out in section 8-27 of this Code shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this Code in the execution of the work nor from any other penalties prescribed herein.

(d)

Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500.00), or imprisonment for a term not exceeding ninety (90) days, and the cost of prosecution, or by both fine and imprisonment by the municipal judge. Each day's continuance of a violation shall be considered a separate offense and punishable as such.

(a)

All signs may be inspected periodically by the code enforcement officer for compliance with this article.

(b)

All signs and components thereof shall be kept in good repair and in safe, neat, clean, and attractive condition.

(c)

The code enforcement officer shall give written notice for the removal of any sign erected or maintained in violation of this article. Upon failure to comply with this notice, the code enforcement officer shall take legal action to enforce compliance with this ordinance. The code enforcement officer may remove a sign immediately and without notice if the sign presents an immediate threat to the safety of the public. Any sign removal shall be at the expense of the property owner.