STATE OF MISSISSIPPI

COUNTY OF MONTGOMERY

CITY OF WINONA

AN ORDINANCE OF THE MAYOR AND BOARD OF ALDERMAN OF THE CITY OF WINONA MISSISSIPPI REGULATING THE CONSTRUCTION, PLACEMENT, SIZE, APPEARANCE, AND USAGE OF ALL SIGNS WITHIN THE CORPORATE LIMITS REPEALING PRIOR ORDIANANCE RELATING THERETO, AND PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF

	WHEREAS, in order to promote and maintain the public health, welfare and safety the Mayor and Board of Alderman deem it necessary and appropriate to require certain minimum standards for the installation and placement of signs within the City, and;
WHEREAS, lack of control causes danger to persons on the sidewalks and roadways of the City when signage is unregulated, and;
	WHEREAS, it has been found and determined by the Mayor and Board of Aldermen that the public interest requires the regulation of the construction, placement, size, appearance and usage of all signs in the City of Winona so as to improve and maintain the appearance and character of the community.
	 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMAN OF THE CITY OF WINONA, MISSISSIPPI AS FOLLOWS:
Section 1. That the matters and facts found and adjudged in the preamble to this Ordinance be, and the same are hereby adopted herein.
Section 2.  That the prior sign ordinance adopted on April 17, 2007 shall stand repealed as of the effective date of this Ordinance.
Section 3.  That it shall be unlawful for any owner or occupier of real property in the City of Winona to construct or install a sign, as defined herein, within the City without first obtaining a sign permit from the Building Inspector of the City and paying an inspection fee of $50.00, except that the permit fee shall not apply to placement of temporary signs, political signs or banners.
Section 4.  DEFINITIONS:
A.)	Abandoned Sign:	A sign which no longer correctly advertises an existing business, project, or activity conducted on the premises where such sign is displayed or is in such a state of disrepair so not to adequately describe any existing commercial enterprise, or containing the remnants of signage, or a structure containing the remnants of signage such as poles and/or parts of signs.
B.)	Additional Sign:	Any and all signage in excess of the one primary sign permitted under this Ordinance which is erected for the purpose of advertising goods, services, merchandise or events.
C.).	Banner:	A temporary sign of fabric, plastic, paper, or other light pliable material intended for short term usage of no more than 10 days.
D.)	Billboard:	Any off-premises, outdoor advertising sign structure which advertises goods, products or services and contains forty-eight (48) square feet or more in sign space, including background.
E.)	Political Sign:	Any and all posters, placards or banners erected to publish the name of a candidate or political party designed to enlist votes in any official public election or for any cause for which there is to be an election.
F.)	Portable Sign:	Any sign constructed on a trailer with wheels which may or may not be detached, or which is designed to be transported from place to place by any other means, and is not designed to be permanently affixed to a building or lot or has been converted from a transportable sign to one which has been permanently affixed to a building, other sign or lot.  A Portable Sign shall also include signs which contain moveable letters or moveable parts such as balloons, inflatable figures, whirligigs and the like, whether they are on wheels or permanently affixed..
G.)	Sign:	Any device, structure, fixture or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishment, product, good or services, activity, place, person or any other item of information which is intended for permanent display.
H.)	Temporary Sign:	Any sign having a short-term purpose such as a real estate for sale sign, yard sale sign, car wash sign for civic or charitable fund-raising and intended for usage of five (5) days or less.
Section 5.  That it shall hereafter be unlawful for any owner or occupier of real property in the City of Winona to construct, install or place a Billboard or Additional Sign anywhere within the corporate limits of the City of Winona.  Any non-conforming usage under this section may be permitted to continue for two years from and after the effective date of this Ordinance, so long as the non-conforming use was in compliance with all City Ordinances as of the date of installation.  
Section 6.  That it shall be unlawful for any owner or occupier of real property in the City of Winona to install or place a portable sign anywhere within the corporate limits of the City of Winona.  This shall include signs which have moveable letters and have been permanently affixed to a building or lot.
Section 7.  That it shall be unlawful for any owner or occupier of real property in the City of Winona to permit or allow an abandoned sign to remain anywhere within the corporate limits of the City of Winona.
Section 8.  That it shall be unlawful for any owner or occupier of real property in the City of Winona to permit the use of banners anywhere within the corporate limits of the City of Winona, except that grocery stores, convenience stores, and gas stations may use two banners consisting of no more than twelve (12) square feet per banner for every 1,000 square feet of frontage.  
Section 9.  Exempted from the provisions of this Ordinance requiring obtaining a permit shall be any temporary sign in use at churches, schools or for civic organizations, including the use of banners; any sign for governmental purposes; subdivision signs not to exceed one at each entrance of said subdivision; real estate for-sale signs and yard sale signs and/or other similar personal for sale signs in use on the seller's private property.
Section 10.  That it shall be unlawful for any person in the City of Winona to place a political sign anywhere within the corporate limits of the City of Winona without first obtaining the permission of the property owner upon whose premises or personalty the sign is placed.  The candidate whose name appears on such signs shall be liable for the placement of any and all signs promoting his or her campaign; and it shall be the candidate’s duty to provide proof of permission of the owner of the property where such sign is placed.  No such political sign shall be placed on any highway right of way or within five (5) feet of any public street or roadway.
Section 11.  This Ordinance shall supplement the Official Historical Preservation Ordinance of the City of Winona and any provisions of said Historical Preservation Ordinance not in conflict with the terms and provisions of this Ordinance shall remain in full force and effect.
Section 12.	The following additional terms and provisions shall apply
	(A.)	 General Requirements
1	The placing, tacking, painting, hanging, or otherwise affixing of any kind of sign, outdoor advertising, or posters of a miscellaneous character visible from the public highways, on the walls of buildings, barns, shed, trees, fences, or any other structure except as otherwise provided in these regulations, is prohibited.
2	No outdoor advertising display or sign shall be erected, placed, or hung nearer to the street right-of-way line upon which said display faces than the building lines provided for commercial and industrial zoning district, except one sign advertising the primary nature of the business or industry conducted on the premises, may be placed not closer than 5 feet to the right-of-way line and shall in no way obstruct the view of traffic.
3 	In determining the square foot area of any sign or other outdoor advertising display, the measurements shall include the entire display together with any lattice work, fencing or wall work, incidental to its ornamentation.
4	In any residential zoning district, small professional or announcement signs of professions or businesses permitted in these districts shall not exceed 1 square foot in area.
5	No roof-top signs shall be permitted.  Overhead and projecting signs shall be in strict conformance with the regulations contained in the City Building Code as now or hereafter amended.  Such signs suspended from any building shall not be less than 12 feet above the finished grade of the sidewalk.  No sign, unless designed as an integral part of the building, projecting or suspended from a building shall contain more than 42 square feet in area.  Signs exceeding 42 square feet in area may be permitted if designed as an integral part of the building and approved by the Zoning Board of Control and the Building Inspector.  Overhead and projecting signs are allowed only the C-3R, C-3 (highway commercial) district and the industrial districts.  
6.	Any sign or outdoor advertising not conforming to the provisions of this Ordinance shall not be repaired and shall be removed if the cost of such repair work exceeds 50 percent of the original cost of said sign or outdoor advertising display.  All nonconforming signs and outdoor advertising displays shall be removed within 5 years after publication and passage of this Ordinance.
7.	 General Limitations and Exceptions –The following types of signs, as set out in Section 12 7a-b, are permitted by exception without the necessity of a permit: 
	(a.)         Signs not over 12 square feet in area denoting architect, contractor, or engineer when placed upon work under construction shall be permitted.
	(b.)         Memorial tablets or signs, names of buildings cut into a masonry surface or when constructed of bronze or other incombustible materials are permitted.
	(c.)         Signs of public service companies indicating danger, and aids to service or safety.
	(d.)        Signs for directional purposes only. 

	(B.)           Permitted Signs – Signs may be erected in the following zones according to the official Zoning Map of the City of Winona:
1  	Residential Districts – None except specifically permitted elsewhere in this Ordinance.
2.	C-1  Neighborhood Commercial District – Maximum area of all signs shall not exceed 18 square feet, maximum height above grade 20 feet; and no sign shall be placed closer than 5 feet to the street right-of-way line.  In no case shall a sign obstruct the view of traffic or constitute a hazard.  All signs shall lie flat to the surface of the building and shall be illuminated by a non-oscillating concealed light source only.
3.	C-2  Central Business District – Signs shall be regulated as in the C-1 (Neighborhood Commercial) district with the exception of the maximum area of signs, which shall be 35 square feet in the C-2 district.
4.	Highway C-3R – Maximum area of signs is restricted to not more than 120 square feet.  Height requirement must comply with applicable state or federal laws or regulations.  No sign shall be placed in such a manner as to obstruct the view of traffic or create a hazard or a nuisance.
5.	C-3  Highway Commercial District - Maximum area of signs is restricted to not more than 120 square feet.  No sign shall exceed 40 feet in height.  No sign shall be placed in such a manner as to obstruct the view of traffic or create a hazard or a nuisance.
6.	L-1  Industrial Districts – Signs shall be regulated as in the C-3 (highway commercial) district.
7.	FP-1  Flood Plain District – Signs shall be regulated as in the C-3 (highway commercial) district.
8.	Non-conforming usages.  All otherwise lawful non-conforming usages may continue in effect for a period of two years from and after the effective date of this ordinance provided all other city ordinances have been complied with.  Any such otherwise lawful non-conforming usage shall terminate after said two year period or constitute a violation of this ordinance as provided for in the penalty section.  Special exception may be granted to any non-conforming usage if the cost of erecting the sign exceeds a reasonable period of amortization in excess of two years provided however, that no such exception may be granted to any usage not in full compliance with all city ordinances at the time of its erection.
Section 13.  Any violation of this ordinance may be punished by a $100.00 fine, ten (10) days in jail, or both.  Each day that a prohibited condition or activity persists shall be deemed a separate offense.
Section 14.  That the Clerk of the City of Winona, Mississippi be, and she is hereby directed to cause the publication of this Ordinance in a timely manner required by law and to obtain from the publisher of The Winona Times, a paper which said publication is to appear, a proof of publication reflecting the said publication.
	Section 15.  This Ordinance shall be in full force and take effect thirty (30) days from and after its adoption.

	The above and foregoing Ordinance was first reduced to writing and offered by Alderman _______________________ who moved its adoption, which motion was seconded by Alderman __________________.  Said Ordinance was read, considered and adopted, with the vote on the final passage thereof being as follows:

		
		Alderman Mickey Austin voted		“Aye”;
		Alderman Clifford Dance voted		“Aye”;
		Alderman Charles L. Shelton voted 		“Aye”;
		Alderman David Ware voted			“Aye”.
		Alderman Franklin Seals voted		“Aye“;

	Thereupon, the Mayor declared the motion carried and said Ordinance adopted on this the 20th day of January 2009.

							/s/___________________________
							Jerry Flowers, Mayor

ATTEST:

_/s/___________________________
June Williams