Sign regulations achieve public safety rationales. Without a sign ordinance, signs can pose a clear danger to public safety. Signage controls are needed to promote traffic safety and avoid traffic accidents. A 1980 Federal Highway Administration study found a positive correlation between billboards and accident rates (Scenic America. Fact Sheet (1): Billboard Control: Fighting Visual Pollution, http://www.scenic.org/fact 1.htm.). Examples of traffic safety issues are:

(a)

Signs without additional regulation may be placed dangerously close to rights-of-way in locations where they might be struck by vehicles using the road, or cause vehicles to veer off the road to avoid a sign.

(b)

The unregulated placement of signs can interfere with the lines of sight of motorists traveling upon a public road. Traffic safety is improved by restricting the size, height, location, and spacing of signs adjacent to roads.

(c)

By their very nature, signs are designed to direct attention to something and distract motorists who view a message expressed by the sign. To the extent that signage captures the sight and attention of a motorist, it distracts motorists from the primary purpose of safely maneuvering a vehicle along the road.

(d)

Signs can confuse motorists by mimicking traffic safety signals and signs. Motorists might confuse signs that contain flashing or blinking lights (such as a lighted portable sign adjacent to the road) with roadway traffic signals, emergency vehicles, or other hazards. Signs constructed of shapes like an octagonal "stop" sign might also impair public safety by confusing the motorist.

(e)

Limitations on window signs upon buildings can increase visibility into the building from the public right-of-way and thus deter crime and robberies. Sign controls that limit the amount of storefront window and door areas that can be covered with signs enhance visibility of activities within the store or building. Limits on window signs can provide for an appropriate minimum of exterior visibility and thus increase public safety of commercial areas through a reduction in crime potential.

(f)

A principal purpose of land use regulations, including sign controls, is to protect and preserve property values. Proliferation of signs affect the character of neighborhoods and the value of buildings. Signs are not appropriate in certain parts of a community.

(g)

The size, height, materials of construction, location, condition, and attributes of signs can have an impact on surrounding and nearby land uses. For example, if signs were unregulated, large, tall signs could be erected in single family residential districts. Such signs, if erected, would be out of character with residential neighborhoods and could result in the lowering of property values for residential use. As another example, blighted signs and antiquated signs and sign structures can contribute to an overall image of blight and a reduction of property values in declining areas. Sign regulations are needed to ensure that signage is compatible with its surroundings and does not take away from the character of the surrounding area.

(h)

Unregulated signage can degrade the effect of public safety signs due to competition with other signs and the resulting reduction in visibility of public purpose signs.

(i)

Businesses locate, and signs are constructed, because of their exposure to the public. This need for exposure is precisely the reason sign advertising must be subject to local regulations. It is the public exposure that creates the value for the person erecting the sign, and visibility from the public way is what creates the problems which give rise to the need for sign controls. Thus, the public therefore has a right to control the problems that arise from creating that value.

(j)

Sign regulation helps to assure that public benefits derived from expenditures of public funds for the improvement and beautification of streets, and other public structures and spaces, are protected. Unregulated signs have the potential to negate those public investments.

(Ord. of 5-7-2024)

Sign regulations protect the interest of businesses. Unregulated competition among business results in too many signs thereby causing diminishing returns. Patrons of individual businesses located may miss their destination because they cannot find the particular business if there is a proliferation of signage. The unregulated commercial signage can work to the detriment of individual businesses in that they are forced to erect larger and more costly signs to outdo their competitors. Therefore, sign regulations benefit individual business owners.

The lack of sign controls causes uncertainty among prospective business owners. A sign ordinance provides prospective businesses with guidance on how much signage they may have, where signage is allowed and what types of signs are permitted. Without sign controls, business owners lack guidance and may face detrimental impacts either through inequitable treatment or a delay in the time involved in the permitting of signs. Such potential detrimental impacts are avoided with a clear set of sign regulations.

(Ord. of 5-7-2024)

A sign ordinance provides significant benefits of promoting and ensuring the aesthetics of the community. The United States Supreme Court has found that aesthetic considerations are legitimately within the scope of police power of government bodies and that it is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully controlled (Berman v Parker 348 U.S. 26, 75 S. Ct. 98, 99 L. Ed. 27 1954).

Sign regulations help communities maintain their scenic heritage and unique character. The appearance of the community, which is substantially influenced by signs, is essential to City of Hernando's long-term economic viability and helps determine how residents and visitors alike perceive it. Sign control is an integral part of improving visual character and quality of life in City of Hernando.

(Ord. of 5-7-2024)

The objectives of this article include, but are not limited to, the following:

(a)

Providing a reasonable balance between the right of individual dissemination of all forms of speech and the right of the public to be protected against the visual discord resulting from unrestricted proliferation of signs and similar devices.

(b)

Guarding against excessive signage which causes visual blight on the appearance of City of Hernando and adversely affects the aesthetic quality of life and traffic safety of its residents, businesses, pedestrians, and persons in vehicles.

(c)

Protecting the public health, safety and general welfare while protecting the rights of sign owners to expression and identification.

(d)

Promoting economic development while protecting property values by minimizing the possible adverse effects and visual blight caused by signs.

(e)

Insuring that signs are compatible with adjacent land uses and with the total visual environment of the community.

(f)

Encouraging signs that are well designed and compatible with their surroundings, and are integrated with and harmonious to the buildings and sites they occupy.

(g)

Eliminating excessive and confusing sign displays.

(h)

Recognizing that the size of signs, in order to effectively convey its message, in pedestrian-oriented business areas differs from those that are necessary in vehicular-oriented areas where traffic is heavy, travel speeds are greater, and required setbacks are greater than in pedestrian areas.

(i)

Preserving and improving the appearance of City of Hernando as a place in which to live and to work, and as an attraction to nonresidents who come to visit or trade.

(j)

Encouraging creative and well-designed signs that contribute in a positive way to City of Hernando's visual environment, express local character, and help develop a distinctive image.

(k)

Encouraging the construction, alteration, repair and replacement of signs according to accepted and approved standards and which further the goals of this article.

(l)

Ensuring the fair and consistent enforcement of sign regulations.

(Ord. of 5-7-2024)

This article is adopted to serve the substantial governmental interests of correcting and avoiding multiple problems that occur without the regulation of signs as described in Section 1.1 through 1.3. The regulations contained herein are no more extensive than necessary to serve the substantial governmental interests identified in this article. It is not the intent of this article to apply regulation to signs based upon the message conveyed. It is not the intent of this article to foreclose important and distinct mediums of expression. Furthermore, it is not the intent of City of Hernando, nor any of its boards, commissions, or agents to regulate, in any manner, the content of signs, except to the extent of obscenity or other messages prohibited by state or federal law.

(Ord. of 5-7-2024)

As used in this article, unless the context otherwise indicates, the following words and terms shall have the meaning ascribed to them:

Animated sign: A sign with action, motion, sound, changing colors or changing lighting effects, including, but not limited to, signs that blink, flash or fluctuate lights or other illuminating devices which have a changing light intensity, brightness or color. This definition does not include changeable copy signs as defined by this article.

Area of sign: The area within a continuous perimeter enclosing the limits of writing, representation, emblem, or any figure of similar character and including with any frame, other material, open space, or color forming an integral part of the display or used to differentiate such writing, representation, emblem or any figure of similar character from the background against which it is placed. For double-faced signs, only the largest display face shall be measured in computing the sign area.

Banner (sign device): A temporary sign with or without characters, letters, illustrations or ornamentation applied to natural or synthetic flexible, roll stock materials that is located on a building face or window or is attached to a fence, post(s), pole(s) or a pedestrian light fixture. Posters, labels, decals, characters or designs applied to, or sign materials produced in, sheet form such as corrugated plastic, PVC and acrylic, are excluded from this definition and may not be used to create a banner. For purposes of this article, a banner is a sign.

Billboard means any of the signs defined herein which are in excess of 300 square feet of copy area placed on its own structure or on a building, or other structure, which provides to the observer information of any kind for off- site advertising. Each display face of a billboard shall constitute a separate billboard.

Blade sign: A double-sided sign oriented perpendicular to a building wall. Canopy: A fixed overhead shelter used as a roof which is attached to a building. Canopy sign: A sign with a single or double face copy hung from a canopy.

Changeable copy sign: A sign that changes electronically. This definition includes electronic message boards, tri-visions and similar signs.

Commercial and industrial zoning districts: The zoning districts as defined in the City of Hernando ordinance are applicable to this article.

Double-faced sign: A sign which has two (2) display areas against each other or where the interior angle formed by the display areas is sixty (60) degrees or less, where one face is designed to be seen from one direction and the other face from another direction.

Electronic Message Board: A sign with a fixed or changing message composed of a series of lights that may be changed through electronic means. This definition does not include animated signs or projected copy.

Event sign: Any temporary sign used to identify and provide information for events of a limited duration (including but not limited to: farmers market, fairs, bizarres, elections, garage sales, birthdays, graduations, etc.)

Externally Illuminated Sign: A sign supplied with light from an external light source aimed at the face of the sign.

Flag: A piece of material, usually attached at one edge to a staff or cord, used as the symbol of a nation, state, local government or an organization or as a signal from such entities. Flags within the Public Right-of-Way can only be installed by The City of Hernando

Frontage, building: The width in linear feet of the exterior wall of a particular establishment which faces a public right-of-way.

Frontage, road: The width in linear feet of each lot where it abuts the right-of-way of any public street.

Ground sign: A permanently affixed sign which is wholly independent of any building for support (i.e. freestanding).

Height of sign: The distance in vertical feet from the ground to the highest point of the sign face. In cases of sloped grade, the measurement shall be the average from both side of the sign.

Internally Illuminated Sign: A sign supplied with light from an internal light source.

Land Disturbance Permit: A site development permit, road construction permit, or clearing and grubbing and/or grading permit issued by the City of Hernando Department of Planning.

Lot: A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.

Marquee: A roofed structure attached to and supported by a building and projecting over private sidewalks or private pedestrian travel ways.

Marquee sign: A sign painted on, attached to or hung from a marquee.

Monument sign: A freestanding sign where the base of the sign structure is not inserted in the ground but is mounted on a base placed upon the ground.

Nit: A unit of brightness equal to one candle per square meter, measured perpendicular to the rays of the light source.

Mural: A wall sign which consists exclusively of paint or similar material applied to the wall of a building or alternate surface without application of any other material or framing.

Nonconforming sign: Any sign that lawfully existed on the effective date of this article but which does not conform to the provisions of this article.

Permittee: A person and/or entity erecting a sign on the property of an owner and/or permittee. Planned center, office, commercial, or industrial: A group of retail stores, service establishments, offices, industries, or any other businesses, institutions or activities planned to serve the public, which is in common ownership or condominium ownership.

Portable sign: A sign which is not permanently affixed and is designed or intended to be relocated on a short term recurring basis, which time varies with the circumstance but are generally classified as temporary signs,including but not limited to signs mounted on vehicles which are parked in such a manner as to serve the purpose of a sign.

Projecting wall sign: A wall sign projecting more than thirteen (13) inches from the outside wall or walls of any building upon which it is located.

Pylon/Pole sign: A freestanding sign that rests upon pylon(s) or pole(s).

Roof sign: A sign projecting above the coping of a flat roof, above the ridge of a gable, hip or gamble roof, or otherwise located more than twelve inches above the front building wall and supported by or attached to said roof.

Sidewalk sign: A movable sign not secured or attached to the ground or surface upon which it is located.

Sign: A lettered, numbered, symbolic, pictorial, or illuminated visual display, device, or communication designed or used for the purpose of identifying, announcing, directing, informing, or bringing to the attention of others the subject thereon, that is visible from the public right-of-way of a county, city, or state.

Sign face: That part of a sign that is or can be used for communicating a message.

Snipe sign: Any sign of any size, made of any material, including, but not limited to, paper, cardboard, wood and metal, when such sign is tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, fences or other objects

Temporary sign: A sign of a nonpermanent nature, typically having an intended use of 30 days or less.

Time, place, and manner restriction: Regulations which protect governmental interests unrelated to speech, such as size, shape, location, appearance, and number. Time, place, and manner restrictions on signs have a content neutral effect on speech.

Trailer sign: Any sign mounted on wheels that may be moved from one location to another.

Wall sign: A sign applied to or mounted to the wall or surface of a building or structure, the display surface of which does not project more than twelve (12) inches from the outside wall of such building or structure. The total lettering on one (1) side of a building or structure shall constitute one (1) wall sign.

Wayfinding sign: A free-standing and multiple sided structure owned by City of Hernando, the State of Mississippi or the United States and located in public rights-of-way that displays directional or tourist information.

Window sign: A sign installed inside a window and intended to be viewed from the outside. For purposes of this article, the area of any window sign shall be measured on the basis of the proportion of area within each individual window frame, not the total window area of a building window visible from a public street.

(Ord. of 5-7-2024)

The provisions of this article shall apply to all signs erected within the incorporated boundaries of City of Hernando, (City) except those signs that are specifically exempted from compliance with this article.

(Ord. of 5-7-2024)

The following types of displays are specifically exempted from compliance with this article.

(a)

Flags. Flags may only be installed inside of Public Right-of-Way by The City of Hernando.

(b)

Traffic safety and traffic directional signs installed within the right-of-way of a public street, and traffic safety and traffic directional signs along private streets driveways, and in off-street parking lots that are installed per the requirements of City of Hernando or per State, or Federal regulations.

(c)

Street address numbers attached to buildings (maximum letter height 12 inches), or mailboxes.

(d)

Signs erected by or on the order of a public officer in the performance of his duty, such as public notices, safety signs and the like.

(e)

Signs pertaining to the time a business, activity, or establishment is open, and conditions under which patrons may receive service, including credit card identification signs or stickers, but limited to one (1) square feet in area per lot and must be located on or inside the building.

(f)

County, City, State and Federal owned wayfinding signs.

(Ord. of 5-7-2024)

It shall be unlawful for any person to post, display, substantially change, or erect a sign in the City without first having obtained a sign permit except for signs specifically excluded from the provisions of this article or as provided for by this article. For purposes of this article, application for a sign permit and a building permit may be made simultaneously.

(Ord. of 5-7-2024)

Applications for sign permits shall be filed by the sign owner or his agent in the Department of Planning upon online application. The application shall describe and set forth the following:

(a)

The type of sign as defined in this article.

(b)

A design of the sign which shows the height and width of the sign, the area of the face of the sign, and the structural supports of the sign.

(c)

The street address of the property upon which subject sign is to be located.

(d)

A survey of the property, on which the sign will be located. The survey shall include the proposed sign location and the distance between the proposed sign to property lines, structures, paved street surface, existing signs, and public rights-of-way.

(e)

The square foot area per sign, and the aggregate square foot area if there is more than one (1) sign face.

(f)

The name(s) and address(es) of the owner(s) of the real property upon which the subject sign is to be located, and the written consent of the owner, or his agent, granting permission for the placement or maintenance of the sign on owners property.

(g)

The Director of Planning may require additional information of such print or sketch to insure compliance with this article.

(h)

Name, address, phone number and business license number of the sign contractor, if applicable.

(i)

Sign measurement shall be determined by the envelope method.

(Ord. of 5-7-2024)

For any monument sign or any sign connected to electrical power, it shall be a violation of this article to post, display, substantially change, or erect said sign without first having obtained a building permit, except for those signs specifically exempted in Section 4.4. The applicant for a building permit shall submit application materials as specified by the Department of Planning, including a sketch or print drawn to scale showing pertinent information such as wind pressure requirements and display materials in accordance with the Building Code adopted by City of Hernando.

(Ord. of 5-7-2024)

The Director of Planning shall be authorized to issue sign permits in accordance with the provisions of this article. Sign permit applications shall be processed within thirty (30) business days of the Department of Planning's actual receipt of both a complete sign permit application and a sign permit fee. For purposes of this section only, the term "process" shall mean to make a decision on sign permit applications that can be administratively approved. In no event, except with permission of the applicant, may the Director of Planning delay acting upon a sign permit application. Failure to process an application within thirty (30) business days shall result in automatic issuance of a sign permit. The issuance of a sign permit in commercial districts is contingent on providing an application for business license.

The Director of Planning shall reject any application containing any false material statements or omissions. Any rejected application later resubmitted shall be deemed to have been submitted on the date of re-submission, instead of original submission. Should it be determined that a sign permit was issued pursuant to an application containing a false material statement or omission, the Director of Planning shall revoke said application and the subject sign shall be removed. A revocation pursuant to this section shall be appealable pursuant to this article.

(Ord. of 5-7-2024)

A sign permit shall become null and void if the sign for which the permit was issued has not been started in 6 months and/or completed within twenty-four (24) months after the date of issuance. No refunds will be made for a permit after the permit is issued. If after expiration of a sign permit, an individual desires to erect a sign at the same location, a new application for the sign must be processed and another fee paid in accordance with the fee schedule applicable at such time.

(Ord. of 5-7-2024)

No sign permit shall be issued until the appropriate application has been filed with the Department of Planning and all fees have been paid. The fee for signage is $2.00 per square foot.

The Director of the Department of Planning, or his designee, may inspect all existing signs in the City to determine if such signs conform to the provisions of this article.

(Ord. of 5-7-2024)

It is the intent of this Section to establish reasonable time periods for the removal of discontinued signs.

For purposes of this Section, all signs pertaining to a business, service, institution, industry, or other activity that ceases operations shall be deemed to be discontinued signs. For purposes of this Section, "ceases operations" shall be interpreted liberally and to include cases where there is substantial evidence that a business or activity has vacated the building or grounds; provided, further, that this Section shall not apply to any case where a business or activity is temporarily suspended and there is evidence that the business or activity will resume operations within a specifically designated period. It shall be the responsibility of the property owner, or the operator of a business or activity, discontinuing use of a sign for ensuring compliance with the provisions of this Section. Each property owner and sign owner shall be considered individually responsible for compliance with this Section.

(a)

All discontinued signs, with the exception of pole signs and monument signs, shall be removed within sixty (60) days from the date of discontinuance. The Director of Planning may permit an extension of this removal period, not to exceed thirty (30) additional days in cases where special equipment is needed to remove the sign and removal of the structure cannot reasonably be arranged by the sign owner within the ninety (90) day time period.

(b)

All discontinued signs that meet the definition of a pole sign or monument sign shall be removed within 180 days from the date of discontinuance. The Director of Planning may permit one thirty (30) day extension of this removal period only in cases where special equipment is needed to remove the sign or sign structures, and removal of the structure cannot reasonably be arranged by the sign owner within the ninety (90) day time period.

(c)

This Section shall not apply to the structure of a monument or attached sign when it might reasonably be used by a future tenant or property owner, complies with the provisions of this Article, and is maintained in good condition; provided further, that the following shall be met:

(1)

If a discontinued monument sign contains a message panel that is removable from the monument structure without disassembling the monument then, within thirty (30) days of the date of discontinuance, said panel shall be removed and the portion of the monument structure that previously held the message panel shall be covered with durable material, to avoid the appearance of blight, until such time as a new sign permit is applied for and granted and an approved sign panel is installed in said monument.

(2)

If a discontinued monument or attached sign contains a sign copy area that is not removable without disassembling the monument or sign structure, then said sign copy area shall be modified (e.g., painted over) or covered with durable material so that the sign copy pertaining to the business or activity discontinued is no longer visible until such time as a new sign permit is applied for, and granted, and an approved sign copy is affixed on the sign copy area of said monument.

(Ord. of 5-7-2024)

All signs shall be maintained by the property owner or sign owner in good condition so as to present a neat and orderly appearance. The Director of the Department of Planning may remove or cause to be removed, after written notice, any sign which shows gross neglect, becomes dilapidated, or in the opinion of the Chief Building Inspector poses a threat to public safety. The Director of the Department of

Planning or his designee will give the owner thirty (30) days written notice to correct the deficiencies or to remove the sign or signs, except signs which pose a threat to public safety which shall be removed in accordance with Section 4.1. If the owner refuses to correct the deficiencies or remove the sign, the Director of the Department of Planning or his designee will have the sign removed at the expense of the owner.

(Ord. of 5-7-2024)

This article shall be administered and enforced by the Director of the Department of Planning or his or her designee. In case any sign is proposed to be erected, constructed, altered, converted, or used in violation of any provision of this article, the Director of the Department of Planning may, in addition to other remedies, and after notice to the appropriate person as may be required herein, swear out an affidavit with the City of Hernando Court setting forth sufficient facts and details charging violation of this article.

Upon receipt of any charging affidavit, the City of Hernando Court shall process the affidavit in the same manner as a violation of a criminal statue, so as to bring about the enforcement of this article.

Alternatively, or in addition to the foregoing, the Director of the Planning Department may institute the filing of a petition for an injunction, or other appropriate action or proceeding to prevent such unlawful erection, construction, alteration, conversion, or use to correct or abate such violation.

Any sign violating this article and located within a public street right-of-way may be removed immediately by City of Hernando without prior warning or notice to the sign owner.

(Ord. of 5-7-2024)

Any person violating any provision of this article, permitting condition, or stop-work order shall be deemed guilty of a misdemeanor and subject to a fine not more than One Thousand Dollars ($1,000.00) per violation or by imprisonment for a period not to exceed sixty (60) days, or both, except as provided for in Section 4.4.

(Ord. of 5-7-2024)

Nonconforming signs that met all legal requirements when erected may stay in place until the deterioration of the sign or damage to the sign makes it a threat to public safety, a public nuisance, or a condition of blight, and no repairs have been effected within ten (10) days of receipt of registered or certified notice from the Director of Planning directing that immediate repairs are necessary to remedy the situation, in which event such signs may thereafter be immediately removed by the City at the expense of the owner. Nonconforming signs may not be enlarged or altered except as noted in section 4.1. Changes to sign copy shall not be considered an alteration for purposes of this section. Any sign removed or substantially altered shall not be replaced except in accord with the current requirements of this article.

(a)

A non-conforming sign adjacent to a public road that is subject to disassembly, razing or removal due to State or County initiated condemnation or road work may be re-erected on the same lot so long as the height, width and sign face of the replacement sign is equal to or less than that of the removed sign.

(b)

Notwithstanding any provision in this article to the contrary, any nonconforming sign may upgrade to an Electronic Message Board in conformance with section 4.15, so long as the aggregate dimensions of the new sign face do not exceed the aggregate sign face being removed. For multi-faced signs the aggregate sign face shall be measured per side and aggregating multiple sides to achieve a larger single-sided sign face shall not be permitted. A permit shall be required for an upgrade under this subsection.

(c)

Those billboard signs legally erected in the city prior to this article will be allowed to remain as nonconforming signs which cannot be rebuilt, moved, relocated or replaced if greater than 50 percent of the sign structure or value is destroyed. When the cost of materials to repair, move, relocate, or replace the sign exceed 50 percent of the physically depreciated value of the structural materials in the sign immediately prior to the destruction, the criteria of this subsection will be deemed to have been met, and the sign may not be replaced, moved, relocated, or repaired.

(Ord. of 5-7-2024)

The following types of signs are prohibited in all zoning districts of the City, except as otherwise specifically provided by this article:

(a)

Animated signs.

(b)

Changeable copy signs, subject to the exceptions identified in Section 4.15.

(c)

Any air- or gas-filled balloons, vertical flags or other similar devices

(d)

Permanent signs made of paper, natural or synthetic fabric, vinyl or other flexible, roll stock materials, except as specifically approved by special permit in accordance with this article.

(e)

Pylon signs, except for traffic and pedestrian movement directional signs located within neighborhood shopping, urban village, master planned districts, and pedestrian-oriented projects within other zoning districts.

(g)

Roof signs.

(h)

Sidewalk signs, except when located within neighborhood shopping, urban village, and master planned districts.

(i)

Banners, except as specifically approved by special permit in accordance with this article.

(j)

Projecting wall signs.

(k)

Signs that imitate an official traffic sign or signal. This includes signs that use colored lights used at any location or in any manner so as to be confused with or construed as traffic control devices.

(1)

Signs within the public right-of-way, including snipe signs.

(m)

Signs attached to courtesy benches, trashcans, and similar devices, with the exception of signage related to the ownership or sponsorship of such items.

(n)

Trailer signs.

(o)

Billboards regardless of zoning district.

(Ord. of 5-7-2024)

The following types of signs shall be permitted only by issue of a sign permit, and a permit allowing usage of this type sign for a period not exceeding 30 days within a calendar year, except as more specifically provided in this section. No such permit shall be issued for the same lot at less than four-month intervals. All signs must be set back at least one (1) foot from the public right-of-way. A fee, as may be established from time to time by resolution of the City of Hernando Board of Aldermen, shall be charged and must be paid for each sign permit and any required building and electrical permits must be obtained.

(a)

Banner signs, not specifically exempted from compliance with this ordinance, each with a maximum size of thirty-two (32) square feet, are allowed with a permit.

(b)

Places of public assembly area allowed an additional 60 days per year, for a total of 90 days per year.

(Ord. of 5-7-2024; Ord. of 8-20-2024(1))

Event signs are events but remain temporary in nature and shall be allowed without the necessity of obtaining a permit, subject to the following requirements:

(a)

Conformity to Section 4.1 and all other general requirements of this article;

(b)

No more than two (2) event signs shall be allowed on any residentially zoned lot with a maximum size of 3.5 square feet, except as provided in subsection (d) of this section;

(c)

Residentially zoned parcel is allowed 30 additional square feet of temporary event signage, provided the signage is installed and removed within 7 days, and occurs no more than 3 times per year.

(d)

Event signs may be erected up to 30 days prior to the event and shall be removed within 5 business days after the event, except as provided for in subsection d of this section.

(e)

Within sixty (60) days prior to any local, state or federal primary, special or general election or ballot initiative wherein citizens of City of Hernando are entitled to vote, an additional two (2) event-long term signs shall be permitted on any lot thereby raising the total number of Expression Signs allowed during this period to four (4) on residentially zoned property. Additional, during this time, commercially zoned property is allowed 2 signs, as shown below.

1.

The placement of event-long term signs in accord with this subsection shall not require that such signs contain a message related to said election or ballot initiative, and such signs may display any lawful non-obscene copy;

2.

Event signs located in all residential zones are limited to 3.5 square feet in size and a total of 4 signs per parcel during the time period described.

3.

Event signs located in Commercial zones are limited to 8 square feet and 2 total signs per parcel.

4.

Any event signs placed in accord with this subsection shall be removed fifteen (15) days after the election or ballot initiative, at which time the maximum number of event signs shall revert to two (2) per lot in residential zones, and zero in commercial zones;

(f)

Event signs placed on a lot in contravention of this section shall be subject to all enforcement action allowed under section 3.10 and 3.11 of this article. However, if the sole basis for enforcement action is the number of event-long term signs on a lot, the pertinent lot owner shall be notified and provided seven (7) days to remove that minimum number of signs required such as will result in ordinance compliance. If the lot owner cannot be readily located, the enforcement measures of section 3.10 and 3.11 shall be utilized.

(Ord. of 5-7-2024)

The maximum height of any ground sign regulated by this article shall be in accordance with Appendix A.

(Ord. of 5-7-2024)

Monument signs, in addition to other provisions of this article, shall comply with the following standards:

(a)

Base material shall be brick or stone or other similar materials as approved by the Director of Planning. The base shall be at least two (2) feet in height and shall be accompanied by landscaping, as approved by the Office of Planning.

(b)

No portion of the supporting structure shall be visible between the display areas of a double-faced sign.

(Ord. of 5-7-2024)

No sign regulated by this article shall be placed or erected within public rights-of-way. Additionally, no sign, in excess of thirty (30) inches high or eight (8) square feet shall be placed within one (1) feet of a public right-of-way.

(Ord. of 5-7-2024)

(a)

For the purposes of this article any property in PUD zoning classification property will be deemed classified as set forth in the zoning site plan approved by the Board of Aldermen. Department of Planning shall designate specific areas, within PUD zoning classifications, as commercial or industrial, when such areas have the characteristics of a commercial or industrial district.

(b)

For the purposes of this article, any property in an AR Zoning classification, the property will be deemed classified either agricultural or residential based upon its primary use character as determined by the Director of Planning.

(Ord. of 5-7-2024)

No signage intended for viewing along a limited access highway shall be erected, except the following:

(a)

One portable sign is permitted on any property which is for sale or for rent, but is vacant and contains no building or structure, during period the property is for sale or rent; or

(b)

One portable sign on any property where a dwelling or building is for sale or rent, during the period said lots, dwellings, or building spaces are for sale or for rent.

Any signage permitted by this section shall be a maximum of 12' in height and have a maximum of 32 Sq. Ft. of sign face.

(Ord. of 5-7-2024)

Appeals to the Planning Commission may be taken by any person aggrieved by any decision of the Director of the Department of Planning or other official with authority to administer or interpret this code. Where the denial of any sign permit is appealed, a final determination shall be issued by the appellate body within 45 days from the date that the appeal is formally filed in writing by the sign applicant. If such determination is not made within 45 days the sign can be posted as if permitted. If the applicant later loses the appeal, however, the sign must be removed within 10 business days of issuance of the decision in writing.

(Ord. of 5-7-2024)

In addition to aggregate sign face standards per individual establishment, the developer, business association body, or other entity that has decision making authority for the overall facility is granted four (4) additional wall signs when gross building space is a minimum of 400,000 square feet or eight (8) additional wall signs when gross building space reaches 750,000 square feet or above. This authorization for additional signage is not transferable to any other person or entity associated with the facility. All general requirements of this article shall apply to signs permitted under this Section, except the following performance standards shall apply:

(a)

Limited to 10 percent of overall facade or 200 square feet, whichever is less.

(b)

External and internal illumination is permitted.

(c)

Signs containing non-commercial speech are permitted anywhere commercial signs are permitted but subject to the sale conditions applicable to such non-commercial signs. The total number of commercial and non- commercial signs shall not exceed the total number of signs permitted by this section.

(Ord. of 5-7-2024)

In addition to aggregate sign face standards per individual establishment, the developer, business association body, or other entity that has decision making authority for the overall campus is granted eight (8) additional monument signs when the overall campus exceeds 500 acres in size. This authorization for additional signage is not transferrable to any other person or entity associated with the campus. All general requirements of this article shall apply to signs permitted under this Section, except the following performance standards shall apply:

(a)

Maximum sign face: 24 square feet.

(b)

Maximum height: 6 feet.

(c)

Minimum setback: 3 feet from right-of-way or 10 feet from back of curb, whichever is greater.

(d)

Minimum separation between signs permitted under this section: 300 feet.

(e)

Illumination is prohibited.

(Ord. of 5-7-2024)

(a)

Zoning. Electronic Message Boards are authorized only as follows:

1.

In commercial and industrial zoning districts;

(b)

Brightness. The maximum luminosity during daylight hours shall not exceed 6,500 nits. The maximum luminosity during evening hours shall not exceed 350 nits and must constist of amber color. Overall square footage is limited to 30 percent of overall sign square footage.

(c)

Electronic reader boards shall constitute no more than 30 percent of a sign surface area and shall present messages in fonts other than dot matrix patterns and shall be integrated into the overall sign design. Messages shall not change in less than 60-second intervals.

(d)

Establishment of daylight and evening hours.

a.

March through October

i.

Daylight hours shall be 8:00 a.m. through 7:00 p.m.

ii.

Evening hours shall be 7:01 p.m. through 7:59 a.m.

b.

November through February

i.

Daylight hours shall be 8:00 a.m. to 5:00 p.m.

ii.

Evening hours shall be 5:01 p.m. through 7:59 a.m.

(e)

Electronic Message Boards shall have an automatic dimmer, photo cell sensor or similar device that reduces the maximum luminosity to complement ambient lighting. Such settings shall ensure the sign shall not cause glare or impair the vision of motorists during times of low ambient lighting levels.

(f)

Transition method. The only acceptable transition method between copy shall be an instantaneous switch from one copy to the next.

(g)

Electronic message boards, and other illuminated signs, are allowed in agricultural and residential zoned properties by conditional use only.

(Ord. of 5-7-2024)

(a)

Every parcel of property shall be entitled to one sign, not to exceed 36 square inches, in surface area to be placed in any of the following locations: (i) on the front of every building, residence or structure; (ii) on each side of an authorized United States Postal Service mailbox; and (iii)on a post located on the parcel which post is not more than forty-eight inches in height and four inches in width.

(Ord. of 5-7-2024)

Any sign, regulated by this article, in addition to any requirements set forth under Part Four, shall comply with the requirements outlined for the zoning district in which the sign is located, as set forth in Appendix A.

(Ord. of 5-7-2024)

Appendix A Sign Requirements per Zoning District

(Ord. of 5-7-2024)

(Ord. of 5-7-2024)

(Ord. of 5-7-2024)