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SIGNS

Gulfport Code of Ordinances ch. 9, art. IV
in effect

Gulfport Code of Ordinances § 9-76 Short title.

Sec. 9-76. - Short title. This article shall be known as the "sign ordinance" of the city and may be so cited and further referenced elsewhere as "sign ordinance" and herein as "this article," which shall imply the same wording and meaning as the full title. (Ord. No. 1764, § 1.2, 3-17-87)

Gulfport Code of Ordinances § 9-77 Definitions.

Sec. 9-77. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned sign means a sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, product or activity conducted or product available on the premises where such sign is displayed and has existed as such for a period of six (6) months or more. Advertising message means that copy on a sign describing products or services being offered to the public. Animated sign means any sign which includes action or motion. For the purposes of this article, this term does not refer to flashing, changing or indexing, all of which are separately defined. Architectural blade means a roof sign or projecting sign with no legs or braces designed to look as though it could have been part of the building structure, rather than something suspended from or standing on the building. Area of off-premises sign means where poster panels or bulletins are installed back to back, each face (on each side) is considered an area. All areas on all sides shall be totaled to determine the "area of off-premises sign." Area of sign means the area of each face on each side of the sign within perimeters which form the outside shape including any frame, forms and integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one (1) section or module, all areas will be totaled to determine the area of sign. Any irregular-shaped sign's area shall be computed using the total of each actual sign face surface. Awning means a temporary shelter supported entirely from the exterior wall of a building and composed of nonrigid materials except for the supporting framework. Background area means the entire area of a sign on which copy could be placed, as opposed to the copy area, when referred to in connection with facia or wall signs. Banner sign means a temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame, secured or mounted so as to allow movement of the sign caused by movement of the atmosphere. Billboard. See "Outdoor advertising (posters and bulletins)." Board of adjustment means a board consisting of seven (7) members, each appointed by the mayor and confirmed by the council to hear and decide appeals, special exceptions, and variances in accordance with the conditions as set forth in section VIII of the comprehensive zoning ordinance. Building face or wall means all window and wall area of a building in one (1) plane or elevation. Building frontage means the linear length of a building facing the right-of-way or the linear length of the right-of-way facing the building, whichever is smaller. Building inspector means the building inspector or his designated representative. Building sign means a sign lettered to give the name of a building itself, as opposed to the name of occupants or services. Bulletin. See "Off-premises sign," or "Outdoor advertising sign." Canopy (or marquee) sign means any sign attached to, constructed in or on a canopy or marquee. Changeable copy sign (manual) means a sign on which copy is changed manually in the field, i.e., reader boards with changeable letters or changeable pictorial panels. Changing sign (automatic) means a sign such as an electronically [electronic] or electrically-controlled sign for public service messages only, including public service time, temperature, and date sign, message center or reader board, where different copy changes are shown. Comprehensive design plan means building design and signs integrated into one (1) architectural plan, the comprehensive plan being completed in all other building, structural and electrical requirements. Copy (permanent and temporary) means the wording on a signs surface either in permanent or removable letter form. Copy area means the area in square feet of the smallest geometric figure which describes the area enclosed by the actual copy of a sign. For facia signs, the copy area limits refer to the message, not to the illuminated background. Detached sign. See "Ground sign." Digital display sign face means a face of any on-premises or off-premises sign that employs the use of any type of digital, light emitting diode ("LED"), liquid crystal display ("LCD") plasma, electrical or similar technology to display or project multiple message or advertisements on a sign structure. Directional sign means any sign which serves solely to designate the location or direction of any place or area. Directly illuminated sign means any sign designed to provide artificial light either through exposed lighting on the sign face or through transparent or translucent material from a light source within the sign. Electrical sign means any sign containing electrical wiring which is attached or extended to be attached to an electrical energy source. Embellishment means: (1) Letters, figures, characters, or representation in cutouts or irregular forms or similar ornaments attached to, superimposed or upon the sign. (2) Embellishment (decorative only)—A purely decorative embellishment on a freestanding sign. Erected means attached, altered, built, constructed, reconstructed, enlarged, or moved, and shall include the painting of wall signs, but does not include copy changes on any sign. Exempt signs means signs exempted from normal permit requirements. Face of sign means the copy area on each side of a sign on which a copy is or could be placed. Facia sign (or wall sign) means a sign attached to or erected against a wall of a building, with the face horizontally parallel to the building wall. Flashing sign means any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally-mounted intermittent light source. Automatic changing signs such as public service time, temperature, and date signs or electronically-controlled message centers are classed as "changing signs" not "flashing signs." Freestanding signs. See "Ground signs." Freeway-oriented sign (controlled access highway sign) means any sign identifying premises where food, lodging or places of business are located that engage in supplying goods and services essential to normal operation of motor vehicles, and where such businesses are directly dependent upon the adjacent freeway for business. Frontage means the length of the property line of any one (1) premises parallel to and along each public right-of-way it borders. Ground level means street grade. Ground sign means a sign erected on a freestanding frame, mast or pole and not attached to any building. Height of sign means the vertical distance measured from the adjacent street grade or upper surface of the nearest street curb other than an elevated roadway, which permits the greatest height to the highest point of such sign. Identification sign means a sign which is limited to the name, address, and number of a building or institution, or the occupancy of the person. Illuminated sign means any sign which emanates light either by means of exposed tubing or lamps on its surface, or by means of illumination transmitted through the sign face. Incidental sign means a sign pertaining to goods, products, services or facilities which are available on the premises where the sign is located. Indexing means turning and stopping action of the triangular vertical sections of a multi-prism sign designed to show three (3) messages in the same area. Indirectly illuminated sign means any sign which reflects light from a source intentionally directed upon it—for example, by means of floodlights, gooseneck reflectors or externally-mounted fluorescent light fixtures. Individual letter sign means any sign made of self-contained letters that are mounted on the face of a building, top of a parapet, roof edge of a building or on top of, or below a marquee. Interior property line means property line other than those fronting on street, road or highway. Lot of record means a lot which is part of a subdivision, the plat of which has been recorded in the records of the county chancery clerk, or a lot described by metes and bounds, the description of which has been so recorded. Maintain means to permit a sign, structure, or any part of each to continue or to repair or refurbish a sign, structure, or any part of either. Message means the wording or copy on a sign. Multi-prism sign means a sign made with a series of triangular vertical sections that turn and stop, or index, to show three (3) pictures or messages in the same area. Nameplate means a nonelectric sign identifying only the name and occupation or profession of the occupant of premises on which the sign is located. If any premises includes more than one (1) occupant, nameplate refers to all names and occupations or professions as well as the name of the building and directional information. Nit means a measurement of brightness equivalent to one (1) candela per square meter. A candela is technically defined as the intensity in a given direction of a source that emits monochromatic radiation of a frequency of five hundred forty (540) × ten (10) hertz and which has a radiant intensity in the same direction of 1/683 watts per steradian. Nonconforming sign (legal) means any permanently affixed advertising structure or sign which was erected and maintained prior to such time as it came within the purview of this article and any amendments thereto, and which fails to conform to applicable regulations and restrictions of this article. Further, the signs that are expressly stated in sections 9-94 through 9-100 are excluded from the definition thereof. Nonelectrical sign means any sign that does not contain electrical wiring or is not attached or intended to be attached to an electrical energy source. Off-premises sign and outdoor advertising sign both mean a sign that advertises goods, products, services or facilities and directs persons to a different location from where the sign is installed, or advertises goods, products, services or facilities not related to the site where the sign is located. The poster panels or bulletins, usually freestanding, illustrate such advertising in the form of pasted paper, painted copy or image projected copy. Back-to-back or V-type structures will be considered as one (1) sign structure with more than one (1) face. Off-premises signs may use digital display sign faces, static display sign faces or multiprism sign faces. On-premises sign means a sign that advertises only goods, products, services and the name of the facility on the premises of which the sign is located. Outdoor advertising sign means a structure which advertises goods, products or services. The poster panels or bulletins, usually freestanding, illustrate such advertising in the form of pasted paper or painted copy. Back-to-back or V-type structures will be considered as one (1) sign structure. Owner means a person recorded as such on official records and including duly authorized agent or notary, a purchaser, devisee, judiciary; any person having a vested or contingent interest in the property in question. Parapet or parapet wall means that portion of a building wall that rises above the roof level. Pole sign. See "Ground sign." Premises means an area of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate. Projecting signs means a sign, other than a wall sign, which is attached to and projects from a structure or building face. The area of multifaced projecting signs is calculated as the total of all faces. Public right-of-way width means the particular distance across a public street, measured from property line to property line. When property lines on opposite sides of the public street are not parallel, the public right-of-way width shall be determined by the city engineer. Public service information sign means any sign solely intended to display time, temperature and date, atmospheric conditions, or traffic control. Real estate sign means any sign pertaining to the sale, lease or rental of land or buildings. Roof line means the top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette. Roof sign means any sign erected upon, against or directly above a roof or on top of or above the parapet of a building. Rotating sign means any sign or portion of a sign which moves in a revolving or similar manner, but not including multiprism indexing signs. Seasonal or holiday signs means signs, such as Christmas decorations, used for an historic holiday and installed for a limited period of time. Sign means any identification, description, illustration or device illuminated or nonilluminated (not including electrical blinking signs with multimessages) which is visible from any public place or is located on private property and exposed in the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant or placard, be it permanent or temporary, designed to advertise, identify, or convey information, with the exception of window displays and national flags. For the purpose of removal, signs shall also include all sign structures. Sign contractor means any person performing any work or service for any person or for any government entity for compensation in or in connection with the erection, construction, enlargement, alteration, repair, moving, improvement, maintenance, conversion or manufacture of any sign. The owner or any individual with a leasehold interest in such sign is exempt from this definition. Sign legend. See "Copy." Sign structure means any structure which supports, has supported or is capable of supporting a sign, including decorative cover. Special purpose sign means any sign other than a business, nonaccessory, identification sign, including but not limited to traffic signs. Static display sign face means on any on-premises or off-premises sign face, the message displayed is printed on a paper, plastic, metal and/or vinyl surface which must be physically replaced and/or covered in order to change or amend the message displayed. Street means a public highway, road or thoroughfare which affords the principal means of access to adjacent lots, measured from property line to property line. Temporary sign (or portable sign) means any sign not permanently attached to the ground or a building. All devices such as banners, pennants, flags (not intended to include flags of any nations) searchlights, twirling or sandwich type signs, sidewalk or curb signs and balloons, or other air or gas filled figures are to be considered temporary. Temporary window or building sign means a sign painted on the interior of a window or constructed of paper, cloth, or other like material and attached to the interior side of a window or displayed on the exterior of a building wall in order to direct attention of persons outside the building to a sale of merchandise or a change in the status of the business. Under canopy or marquee sign means a sign suspended below the ceiling or roof of a canopy or marquee. Unlawful means a sign which contravenes this article or which the building inspector may declare as unlawful if it becomes dangerous to public safety by reason of dilapidation or abandonment or a nonconforming sign for which a permit required under a previous ordinance was obtained. Use means the purpose for which a building, lot, sign or other structure is arranged, intended, designed, occupied or maintained. Window sign means a sign installed inside a window for purposes of viewing from outside the premises. This term does not include merchandise located in a window. (Ord. No. 1764, § 2, 3-17-87; Ord. No. 1774, § 1, 9-8-87; Ord. No. 2154, § 1, 11-3-98; Ord. No. 2518, § 2, 2-6-07; Ord. No. 2566, §§ 2, 3, 11-6-07; Ord. No. 2686, §§ 2, 3, 7-6-10)

Gulfport Code of Ordinances § 9-78 Penalty.

Sec. 9-78. - Penalty. Any person violating any of the provisions of this article shall be guilty of a misdemeanor. Each person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed or permitted. Upon conviction of any such violation, such person shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, and/or by the loss of six (6) credit certificates received pursuant to section 9-122. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this article shall be deemed a public nuisance and be summarily abated as such by the city. The city shall have the right to remove any sign(s) found in violation of the provisions of this article and the cost to remove the sign(s) will be assessed to the owner. (Ord. No. 1764, § 12.2, 3-17-87; Ord. No. 1774, § 6, 9-8-87; Ord. No. 2686, § 4, 7-6-10)

Gulfport Code of Ordinances § 9-79 Statement of purpose.

Sec. 9-79. - Statement of purpose. (a) The purpose of this article is to alleviate the growth of sign usage that is detrimental to the health, safety, and welfare of the city. Recognizing that this city is one of Mississippi's and the South's foremost coastal resorts, the mayor and city council finds that the lack of control and/or improper control of signs causes a unique problem. Although the city has more to offer than its resort resources, the attraction and servicing of visitors constitutes one (1) of our leading economic activities. Failure to recognize this matter could adversely impact development of such resources and activities. (b) In keeping with this purpose and intent, this article is designed to permit only such signs as will not, by their reason, size, location, construction, or manner of display, endanger the public safety of individuals, confuse, mislead, or obstruct the vision necessary for traffic safety, or otherwise endanger public health, safety, and morals; and to permit and regulate signs in such a manner as to support and complement land-use objectives in such a fashion that high standards for the visual environment within all areas of the city are developed and maintained. (Ord. No. 1764, § 1.1, 3-17-87)

Gulfport Code of Ordinances § 9-80 Permits required.

Sec. 9-80. - Permits required. Except as otherwise provided in this article, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign in the city, or cause the same to be done, without first obtaining a sign permit for each such sign from the building inspector as required by this article. These directives shall not be construed to require any permit for a change of copy on any sign, nor for the repainting, cleaning and other normal maintenance or repair of a sign or sign structure for which a permit has previously been issued, so long as the sign or sign structure is not modified in any way. No new permit is required for signs which have permits and which conform with the requirements of this article on March 17, 1987, unless and until the sign is altered or relocated in any manner whatsoever, except as provided for hereinabove. (Ord. No. 1764, § 3.1, 3-17-87)

Gulfport Code of Ordinances § 9-81 Sign contractor's license.

Sec. 9-81. - Sign contractor's license. Sign contractors shall be licensed. No person shall perform any work or service for any person or for any government entity for compensation, in or in connection with the erection, construction, enlargement, alteration, repair, moving, improvement, maintenance, conversion or manufacture of any sign in the city, or any work or service in connection with causing any such work to be done unless such person is a registered sign contractor within the city. Individuals performing any of the above for their own business or on their own property and not for compensation will be exempt from this section. Placement of a portable or temporary sign shall not constitute a sign contractor. (1) The building official is hereby granted the authority to recommend to the building code board of adjustment and appeals that a sign contractor's license be suspended or revoked if: (1) the license was issued in error, or (2) the license was incorrect, or (3) the contractor has failed to comply with the ordinances and regulations of the city relating to the work for which the license was issued. (2) No license may be revoked or suspended until after a hearing is held by the building code board of adjustment and appeals. The contractor shall be mailed notice of the date, time, and place of the hearing at least ten (10) days in advance. The notice shall also state the exact ordinances or regulations the contractor is alleged to have violated or in what way the information stated on the application was incorrect. The contractor may appear at the hearing, may be represented by counsel, may question witnesses, and may present testimony if he wishes. (3) After the hearing by board of adjustment and appeals, the building official may suspend the license for any period of time up to six (6) months. After the decision is rendered the contractor may petition for reinstatement of the license following the six-month period after revocation or suspension of such license. (4) The license fee for a sign contractor shall be one hundred dollars ($100.00). The contractor license (certificate of competency) may be renewed from year to year upon payment of the license fee listed above, without reexamination, provided that proof of insurance is provided. (Ord. No. 1764, § 3.2, 3-17-87; Ord. No. 2331, § 5, 9-12-02)

Gulfport Code of Ordinances § 9-82 Indemnification for sign installation and maintenance.

Sec. 9-82. - Indemnification for sign installation and maintenance. All persons engaged in the business of owning, leasing, constructing, installing or maintaining signs which involve, in whole or part, the erection, alteration, relocation, or maintenance of a sign or other sign work in or over or immediately adjacent to a public right-of-way or public property so that a portion of the public right-of-way or public property is used or encroached upon by any such sign hereby consents and agrees to hold harmless and indemnify the city, its officers, agents, and employees, from any and all claims of negligence resulting from the location, erection, alteration, relocation, or maintenance of a sign or other sign work insofar as this article has not specifically directed the placement of the sign. (Ord. No. 1764, § 3.3, 3-17-87)

Gulfport Code of Ordinances § 9-83 Insurance.

Sec. 9-83. - Insurance. Every sign contractor shall provide or show proof of a certificate of business liability insurance to indemnify the city against any form of liability to a minimum of one hundred thousand dollars ($100,000.00), or shall be responsible through any agent or subcontractor. (Ord. No. 1764, § 3.4, 3-17-87)

Gulfport Code of Ordinances § 9-84 Application for permit.

Sec. 9-84. - Application for permit. Application for a permit required by the provisions of this article shall be made to the building inspector upon a form provided by the building inspector and shall be accompanied by such information as may be required to assure compliance with all appropriate laws and regulations of the city including, but not limited to: (1) Name and address of owner of the sign. (2) Name and address of owner or the person in possession of the premises where the sign is located or to be located. (3) Clear and legible drawings with descriptions and nominal dimensions, showing location of the sign which is the subject of the permit and all other existing signs whose construction requires permits, when such signs are on the same premises. (Ord. No. 1764, § 3.5, 3-17-87)

Gulfport Code of Ordinances § 9-85 Issuance, denial.

Sec. 9-85. - Issuance, denial. (1) Issuance. The building inspector shall issue a permit for the location, erection, alteration, or relocation of a sign within the city within fifteen (15) business days of when the permit application is properly made and required information has been provided and appropriate fees have been paid as outlined in this article, including, but not limited to, sections 9-81, 9-82, 9-83, 9-84 and 9-87. If the building official determines that an application is incomplete, the official shall make reasonable efforts to notify the applicant of the specific items that are missing or incomplete; such notice shall be attempted within ten (10) business days of the date of submittal of the application. (2) Denial. The building inspector shall reject an application within ten (10) business days of such application being made if the permit application is improperly made, all required information has not been provided, or all appropriate fees as outlined in Section 9-87 have not been paid. When a sign permit is denied by the building inspector, he shall give written notice of the denial to the applicant or permittee, together with a detailed written explanation of the reasons for the denial. Such written notice shall be given within ten (10) business days of receipt of a completed application. (3) Suspension and revocation. The building inspector shall provide notice of an intent to suspend or revoke a permit issued under provisions of this section whenever the permit is issued erroneously, on the basis of a misrepresentation of fact, whether intentional or unintentional, or fraud. The notice shall be sent by certified mail to the address listed on the permit application or last known address of the sign owner and shall include a brief written statement of the reasons for the proposed suspension or revocation. When such notice is provided by the building inspector, the permittee shall have fifteen (15) days from the date of receipt of the notice, or the return of the unclaimed certified mail, to provide a written response to the building inspector, along with any supporting materials, explaining why the permittee believes the permit is valid and should not be suspended or revoked. Upon the expiration of such fifteen (15) days, the building inspector shall have thirty (30) days to suspend or revoke the permit. When a sign permit is suspended or revoked by the building inspector, he shall give written notice of the suspension or revocation to the permittee, together with a brief written statement of the reasons for the suspension or revocation. Notwithstanding any provision to the contrary, if the revocation of a permit by the building inspector becomes final as a result of the revocation being upheld on appeal or the expiration of the applicable time for an appeal without an appeal being filed, the building inspector shall cause the sign to be removed without the need for compliance with section 9-112. (4) Appeals. Any person or any officer, department or agency aggrieved by the decision of the building official with regard to the enforcement of this section, or by the failure of the building inspector to issue or deny a permit within thirty (30) days of an application being made, may appeal such decision or inaction to the zoning board of adjustment and appeals. Such appeal may be made within a reasonable time, but not to exceed thirty (30) days from the date of the decision, by filing with the building official and the zoning board of adjustment and appeals a notice of appeal specifying the grounds thereof. Governing rules for appeals and variances required by the zoning board of adjustment and appeals shall apply as adopted in section VIII, Administration and Enforcement, (B) Board of Adjustment, Gulfport Comprehensive Zoning Ordinance No. 1501, as amended. (Ord. No. 1764, § 3.6, 3-17-87; Ord. No. 2598, § 2, 8-19-08; Ord. No. 2686, § 5, 7-6-10)

Gulfport Code of Ordinances § 9-86 Effect of issuance.

Sec. 9-86. - Effect of issuance. Construction of a sign for which a permit has been issued must commence within one hundred eighty (180) days of said issuance. Failure to do so within the allotted time period shall void the permit and necessitate reapplication, including payment of all applicable fees. Furthermore, previously forfeited credit certificate(s) associated with issuance of said permit shall be reissued/returned to the owner/applicant of the sign permit. No permit for a sign issued hereunder shall be deemed to constitute permission or authorization to maintain an unlawful sign nor shall any permit issued hereunder constitute a defense in any action to suspend revoke or abate an unlawful sign. (Ord. No. 1764, § 3.7, 3-17-87; Ord. No. 2686, § 6, 7-6-10)

Gulfport Code of Ordinances § 9-87 Permit fees.

Sec. 9-87. - Permit fees. Application for permits shall be filed with the building inspector, together with a permit fee as specified by the building inspector, for each sign in accordance with the following schedule; provided, however, that the minimum fee for a permit, exclusive of any permit costs for electrical components, shall not be less than fifty dollars ($50.00) or twenty-five cents ($0.25) per square foot, whichever is the greater. In addition, when any sign is hereafter erected, placed, installed or otherwise established on a property prior to obtaining permits as required by this section, the fees specified hereunder shall be doubled but the payment of such double fees shall not relieve any person from complying with the other provisions of this section or from any penalties described herein. (1) On-premises signs or off-premises signs. The calculation on a freestanding pole, ground, monument or any similar or roof sign shall be based only on one (1) face of the sign. The calculation shall be based on the largest face of the sign. (2) Facia or wall signs. Only the copy area as calculated in this article shall be included in the abovementioned fee. (3) Application; permit fee. Application for permits shall be filed with the building inspector, together with a permit fee as specified by the building inspector, for each sign in accordance with the following schedule; provided, however, that the minimum fee for a permit, exclusive of any permit costs for electrical components, shall not be less than one hundred dollars ($100.00) or fifty cents ($0.50) per square foot, whichever is greater. The permit fee for billboards or outdoor advertising sign shall be based on the actual valuation (material and labor) of the sign using the building permit fee schedule. In addition, when any sign is hereafter erected, placed, installed or otherwise established on a property prior to obtaining permits as required by this section, the fees specified hereunder shall be doubled but payment of such double fees shall not relieve any person from complying with the other provisions of this section or from any penalties described herein. The electrical permit fee shall not be less than fifty dollars ($50.00) or twenty-five cents ($0.25) per square foot, whichever is greater. (Ord. No. 1764, § 3.8, 3-17-87; Ord. No. 1774, § 2, 9-8-87; Ord. No. 2331, § 4, 9-12-02; Ord. No. 2518, § 3, 2-6-07; Ord. No. 2686, § 7, 7-6-10)

Gulfport Code of Ordinances § 9-88 Inspection.

Sec. 9-88. - Inspection. The person locating, erecting, altering or relocating a sign shall notify the building inspector immediately upon completion of the work for which permits are required. The building inspector shall inspect and have the authority to order the repair, alteration or removal of signs. (1) Inspection. All freestanding signs shall be subject to a footing inspection and all signs to a final electrical inspection by the building inspector. (2) Maintenance. Every sign in the city, excluding building and window signs, including but not limited to those signs for which permits are required or for which no permits or permit fees are required, shall be maintained in good structural condition at all times. The building inspector shall inspect and have the authority to order the repair, alteration or removal of signs which violate the provisions of the ordinance or become dilapidated or are abandoned, or which constitute physical hazard to the public safety. (3) Signs declared unlawful. The building inspector may declare any sign unlawful if it endangers public safety for reasons, including but not limited to, improper placement or location, inadequate maintenance, dilapidation or abandonment. Any such declaration shall state the reasons of the building inspector for stating that the sign constitutes a safety hazard to the general public. Any sign owned, kept, displayed or maintained by any person within the city, the ownership keeping a display which is unlawful pursuant to the provisions of this article, is hereby declared to be in violation of this article. The building inspector may declare any such sign to be unlawful, and such declaration shall state, in writing, the reason why such sign and the keeping, owning, maintenance, construction, and display or operation thereof, is unlawful under the terms of this article. (4) Appeals. Any person or any officer, department or agency aggrieved by the decision of the building official with regard to the enforcement of this section may appeal such decision to the zoning board of adjustment and appeals. Such appeal may be made within a reasonable time, but not to exceed thirty (30) days from the date of the decision, by filing with the building official and the zoning board of adjustment and appeals a notice of appeal specifying the grounds thereof. Governing rules for appeals and variances required by the zoning board of adjustment and appeals shall apply as adopted in section VIII, Administration and Enforcement, (B) Board of Adjustment, Gulfport Comprehensive Zoning Ordinance No. 1501, as amended. (Ord. No. 1764, § 3.9, 3-17-87; Ord. No. 1774, § 3, 9-8-87)

Gulfport Code of Ordinances § 9-89 Signs in R-1, R-1-15, R-1-10, R-1-7.5, R-2, R-3, R-4, R-E districts.

Sec. 9-89. - Signs in R-1, R-1-15, R-1-10, R-1-7.5, R-2, R-3, R-4, R-E districts. (a) Permitted signs: The following signs are permitted in R-1, R-1-15, R-1-10, R-1-7.5, R-1-5, R-2, R-3, R-4, R-E districts: (1) Freestanding, except that after adoption of this revised subsection, off-premises outdoor advertising signs shall not be permitted in R-1, R-1-15, R-1-10, R-1-7.5, R-1-5, R-2, R-3, R-4, or R-E districts; (2) Home occupation; (3) Subdivision identification; (4) Wall; (5) Nameplate; (6) Real estate; (7) Construction; (8) Political. (b) Nameplates: For each single-family home or duplex house, one (1) nameplate not exceeding a combined area of two (2) square feet for each occupancy. Such nameplate shall not be subject to the permit requirements of this article. (c) Home occupation sign: One (1) on-premise sign not exceeding two (2) square feet in area shall be permitted. Such sign shall be mounted flat against the building and shall display only the name of the permitted home occupation. (d) Subdivision identification signs: Signs which identify residential neighborhoods shall be affixed to a wall or placed within a landscaped area as a freestanding sign at the entrance street. Signs which identify multifamily residential developments shall be placed in a landscaped area as a freestanding sign at the main entrance to the complex or as a wall sign affixed to the vertical surface of the building. Such sign and sign structure shall be subject to the following provisions: (1) Sign height. Such sign or sign structure shall not exceed six (6) feet in height. (2) Sign area. Signs shall be limited to one (1) square foot of area per dwelling unit within the development up to a maximum of fifty (50) square feet. (3) Letter height. Signs within residential developments which are affixed to masonry walls or the surface of buildings shall consist of letters not to exceed eighteen (18) inches in height and shall be affixed parallel to said wall or building surface. (e) Real estate signs. One (1) real estate sign on any lot or parcel, provided such sign is located entirely within the property to which the sign applies, is not directly illuminated, does not exceed six (6) square feet in area, and is removed within seven (7) days after the sale, rental, or lease has been accomplished. (f) Churches, public and private schools, clubs, golf courses, parks and other recreation uses, public buildings, cemeteries, utilities and other similar uses: Such signs shall be permitted one (1) on-premises sign per public street frontage, which sign shall not exceed six (6) feet in height. Such sign shall be affixed to a wall or placed within a landscaped area or planter as a freestanding sign. (g) Minimum setbacks: Signs permitted in R-1, R-1-15, R-1-10, R-1-7.5, R-2, R-3, R-4, R-E districts shall not be erected within ten (10) feet of any property line. (h) Illumination: Signs permitted in this subsection may be indirectly illuminated. (Ord. No. 1764, § 4.1, 3-17-87; Ord. No. 2065, § 1, 11-5-96; Ord. No. 2518, § 4, 2-6-07; Ord. No. 2566, § 4, 11-6-07)

Gulfport Code of Ordinances § 9-90 Signs in R-B and R-O districts.

Sec. 9-90. - Signs in R-B and R-O districts. (a) Permitted signs: The following signs are permitted in R-B (Residence-business) and R-O (Residence-office) districts: (1) Freestanding; (2) Home-occupation; (3) Subdivision identification; (4) Wall; (5) Nameplate; (6) Real estate; (7) Construction; (8) Political; (9) Canopy; (10) Projecting. (b) Applicable regulations: Any structure or site that is being used as a residence in an R-B or R-O district shall be governed by the regulations as set forth in section 9-89. (c) Freestanding ground signs: One (1) freestanding ground sign for each developed parcel or premises having frontage on a public right-of-way, not to exceed one (1) square foot of sign area for each lineal foot of street frontage abutting the portion of the parcel or premises with a maximum of sixty (60) square feet. (d) Wall, facia signs: One (1) wall or facia sign for each occupancy within a developed parcel, not to exceed a total copy area of one and one-half (1) square feet for each lineal foot of building occupancy. If such occupancy is on a corner, one (1) wall or facia sign will be permitted for each frontage. If the building includes a canopy, each occupancy will be permitted one (1) under-canopy sign. (e) Real estate signs. One (1) real estate sign shall be permitted on each parcel of land abutting a public or private street subject to the following requirements: (1) One (1) square foot of sign area shall be permitted for each five (5) feet of street frontage on the abutting street. However, the minimum sign area need not be less than ten (10) square feet nor shall it exceed fifty (50) square feet. (2) The width to the height or the height to the width of the sign shall not exceed a ratio of two (2) to one (1). (f) Outdoor advertising signs. Outdoor advertising signs shall be subject to the following conditions: (1) After the effective date of the ordinance revising this provision, no new outdoor advertising sign structure shall be permitted closer than two thousand (2,000) feet from any other outdoor advertising sign structure on the same side of the street, federal aid primary or interstate highway. (See Diagram A). Such distance is to be measured from the center of the sign structure on a line parallel to the street or highway on which the sign is facing. (2) All billboards erected pursuant to section 1-122 shall be set back from those zoning districts where such signs are not permitted in that zoning district as follows: a. No part of said sign shall be located within any of the following: 1. An area extending three hundred (300) feet along the street (chord distance) from any point at which a zoning district prohibiting off-premises signs touches the street right-of-way on the same side of the street as the sign (See Diagram C). Such distance to be measured from the center of the sign structure. 2. A radial buffer equal to three hundred (300) feet from any zoning district prohibiting off-premises signs when said district abuts the street, road or thoroughfare directly opposite the side of the street, road, or thoroughfare on which the sign structure is to be erected or converted. (See Diagram D). Such distance to be measured from the center of the sign structure; and 3. A circle seventy-five (75) feet in radius from any zoning district prohibiting off-premises signs. (See Diagram C or D). Such distance to be measured from the center of the sign structure. (3) Shall have a minimum clearance of ten (10) feet above ground level. (4) The collective copy area of all faces (on all sides) shall not exceed six hundred (600) square feet of copy area and billboards shall have not more than three hundred (300) square feet of copy area on any one (1) area/face of the sign structure and shall consist of only one (1) sign per facing. (5) Heights shall conform to the district height requirements as stated in the comprehensive zoning ordinance. All measurements are to be from grade to the top of the sign. All signs forty (40) feet in height and above, with or without the use of a crane, shall be submitted to the Gulfport-Biloxi Airport Authority for review and comments. (6) After the effective date of the ordinance revising this provision, no new outdoor advertising sign shall be erected on or adjacent to (meaning within three hundred (300) feet) Highway 605, U.S. Highway 90, State Route 601 (Canal Road—Port Connector). (7) Signs located along any federal aid primary or interstate highway shall conform to the provisions of the state highway department's regulations for the control of outdoor advertising or this article, whichever is most restrictive. (8) In addition to the requirements set forth in this section, all outdoor advertising signs constructed and/or modified under this chapter shall comply with the provisions of section 9-122. (h) Illumination. Signs permitted in this subsection may be indirectly or directly illuminated. (g) Setbacks: Setbacks on all signs within this section, except expressly stated otherwise, are as follows: Setbacks (1) Street frontage .....10 (2) Side (interior) .....5 (3) Rear .....5 (Ord. No. 1764, § 4.2, 3-17-87; Ord. No. 2566, § 5, 11-6-07; Ord. No. 2686, § 8, 7-6-10)

Gulfport Code of Ordinances § 9-91 Signs in B-1, B-2, B-4, I-1, I-2, I-3 districts.

Sec. 9-91. - Signs in B-1, B-2, B-4, I-1, I-2, I-3 districts. (a) Permitted signs: The following signs are permitted in B-1, B-2, B-4, I-1, I-2, and I-3 districts: (1) Freestanding; (2) Home-occupation; (3) Subdivision identification; (4) Wall; (5) Nameplate; (6) Real estate; (7) Construction; (8) Political; (9) Canopy; (10) Projecting; (11) Roof; (12) Temporary. (b) Freestanding ground signs: One (1) freestanding ground sign for each developed parcel or premises having frontage on a public right-of-way, not to exceed two (2) square feet of sign area for each lineal foot of street frontage abutting the portion of said parcel or premises. (1) Where a parcel has in excess of one hundred (100) feet of street frontage, one (1) additional freestanding ground sign may be erected for each additional one hundred (100) feet of street frontage in excess of the first one hundred (100) feet of street frontage abutting the parcel. (2) Where a parcel is permitted to have more than one (1) freestanding ground sign under these regulations, the distance between the freestanding ground signs on each parcel shall be not less than one hundred (100) feet. (3) The total area of all freestanding ground signs on each parcel shall not exceed two (2) square feet of sign area for each lineal foot of street frontage of the first one hundred (100) linear feet and one (1) square foot of sign area for each additional foot of street frontage in excess of one hundred (100) feet provided that no one sign shall exceed two hundred (200) square feet in area, except on a parcel that exceeds two hundred (200) linear feet of street frontage. On parcels exceeding two hundred (200) feet of street frontage, the sign area shall not exceed a total equal to one (1) square foot of sign area for each linear foot of street frontage. (c) Wall or facia signs: One (1) wall or facia sign shall be permitted for each occupancy within a developed parcel. Such sign shall not exceed a total area of three (3) square feet of copy area for each linear foot building occupancy. If such occupancy is on a corner, one (1) wall sign will be permitted for each frontage. If the building includes a canopy, each tenant will be permitted one (1) under-canopy sign. (d) Roof signs: One (1) roof sign shall be permitted for each parcel, such sign shall not exceed three (3) square feet of copy area for each linear foot of building frontage that is parallel to the sign placement direction, or two hundred (200) square feet in total, whichever is lesser. A roof sign may exist instead of, but not in addition to, a freestanding ground sign or projecting sign. (e) Projecting signs: Any occupant with frontage on a public right-of-way is permitted to have one (1) projecting sign along that public street. The projecting sign may exist instead of, but not in addition to, a freestanding ground sign or roof sign. Where a premises is allowed two (2) freestanding signs, the occupant may elect to substitute a projecting sign for one (1) of the freestanding signs. If a premises has at least one hundred thirty-five (135) feet of frontage along any one (1) right-of-way, or street, the occupant may have two (2) projecting signs. (1) No sign shall have a vertical clearance of less than nine (9) feet above grade. The total area of any one (1) projecting sign shall not exceed one and one-half (1½) square feet for each linear foot of building frontage facing the right-of-way. (f) Canopy signs: Canopy signs shall be subject to the following conditions: (1) Area or copy may be three (3) square feet per linear foot of canopy front and sides. Subject to a minimum height limit of nine (9) feet from the sidewalk, copy may be installed above or on the face of the canopy proper, provided that when such sign is installed above or on the canopy proper, copy area will be computed on the total of the sign face and the canopy apron proper. Signs attached to the underside of a canopy shall have a copy area no greater than twelve (12) square feet, subject to a minimum clearance of seven (7) feet from the sidewalk. This minimum clearance shall not be located within any drive through area. (2) The canopy and related sign must comply with all setback requirements. (g) Awnings: Signs on awnings consisting of one (1) line of letters or an identification emblem, initials, insignia or other features may be painted, placed or installed upon the hanging border of end of any awning. (h) Outdoor advertising signs: Outdoor advertising signs shall be subject to the following conditions: (1) After the effective date of the ordinance revising this provision, no new outdoor advertising sign structure shall be permitted closer than one thousand two hundred fifty (1,250) feet from any other outdoor advertising sign structure on the same side of the street, federal aid primary or interstate highway. (See Diagram A). Such distance is to be measured from the center of the sign structure on a line parallel to the street or highway on which the sign is facing. (2) All billboards erected pursuant to section 1-122 [9-122] shall be set back from those zoning districts where such signs are not permitted in that zoning district as follows: a. No part of said sign shall be located within any of the following: 1. An area extending three hundred (300) feet along the street (chord distance) from any point at which a zoning district prohibiting off-premises signs touches the street right-of-way on the same side of the street as the sign (See Diagram C). Such distance to be measured from the center of the sign structure. 2. A radial buffer equal to three hundred (300) feet from any zoning district prohibiting off-premises signs when said district abuts the street, road or thoroughfare directly opposite the side of the street, road, or thoroughfare on which the sign structure is to be erected or converted. (See Diagram D). Such distance to be measured from the center of the sign structure; and 3. A circle seventy-five (75) feet in radius from any zoning district prohibiting off-premises signs. (See Diagram C or D). Such distance to be measured from the center of the sign structure. (3) Shall have a minimum clearance of ten (10) feet above ground level. (4) The collective copy area of all faces (on all sides) for signs located within three hundred (300) feet of Interstate 10, U.S. Highway 49 or Airport Road shall not exceed one thousand three hundred forty-four (1,344) square feet; however, each sign face shall not exceed six hundred seventy-two (672) square feet and shall consist of only one (1) sign per facing. (5) The collective copy area of all faces (on all sides), for signs other than those within three hundred (300) feet of Interstate 10, U.S. Highway 49 or Airport Road shall not exceed six hundred (600) square feet; however, each sign face shall not exceed three hundred (300) square feet and shall consist of only one (1) sign per facing. (6) Heights shall conform to the district height requirements as stated in the comprehensive sign ordinance. All measurements are to be from grade to the top of the sign. All signs forty (40) feet in height and above, with or without the use of a crane, shall be submitted to the Gulfport-Biloxi Airport Authority for review and comments. (7) After the effective date of the ordinance revising this provision, no new outdoor advertising sign shall be erected on or adjacent to (meaning within three hundred (300) feet) Highway 605, U.S. Highway 90, State Route 601 (Canal Road—Port Connector). (8) Signs located along any federal aid primary or interstate highway shall conform to the provisions of the state highway department's regulations for the control of outdoor advertising, or this article, whichever is most restrictive. (9) In addition to the requirements set forth in this section, all outdoor advertising signs constructed and/or modified under this section shall comply with the provisions of section 9-122. (i) Temporary signs: Temporary signs shall meet the following requirements: (1) Setback: Signs shall meet the setback requirements specified in (k) and (l) of this subsection. (2) Anchor: Such signs shall be anchored in such a manner as to prevent their being moved or upset by windstorm, and no building permit shall be issued until the building inspector's office is satisfied that such protection is provided. A diagram indicating the manner in which the sign will be anchored, along with a plot plan showing the proposed location, shall be submitted with an application for the sign permit. (3) Electrical connections: If a sign is to be lighted, a weatherproof receptacle shall be provided on the property where the sign is to be located. Such electrical receptacle shall be installed by a certified, licensed electrical contractor. No drop (extension) cords supplying electric power to signs shall be permitted. Electrical receptacle shall be located within four (4) feet of said sign. (4) Number of signs: One (1) temporary sign per site shall be allowed. (5) [Copy area.] Except as otherwise provided in this article, the collective copy area shall not exceed one (1) square foot of sign area for each lineal foot of street frontage on the abutting street. However, the minimum sign area need not be less than six (6) square feet nor shall it exceed twenty-five (25) square feet. No fluorescent-colored lettering shall be permitted on a temporary sign. (6) [Time restrictions.] Except as otherwise provided in this article, no temporary sign shall be permitted for a single site longer than fifteen (15) days in a calendar year. (j) Other signs: Other signs are permitted as follows: (1) Up to two (2) incidental signs may be attached to a freestanding sign structure or to a building wall, but may not be attached perpendicular to the wall. Such signs are restricted to trading stamps, credit cards accepted, official notices of services required by law, or trade affiliations. Area of each sign may not exceed six (6) square feet; the total area of all such signs may not exceed twelve (12) square feet. (2) Two (2) directional signs are permitted for each driveway on each street frontage. The area of each sign may not exceed twelve (12) square feet. Such directional signs shall not be considered as part of the total allowable sign square footage permitted under this article. Maximum permitted height for such signs shall be twelve (12) feet above grade. (3) Interstate high-rise signs or freeway-oriented signs are permitted as long as they: a. Do not conflict with state or federal statutes, rules, or regulations governing outdoor advertising of any type or nature whatsoever, including rules or regulations of the Gulfport-Biloxi Airport Authority. b. Are located totally within one thousand three hundred twenty (1,320) feet of legally defined right-of-way for the interchange. c. Do not exceed double the square footage allowed under this section. d. Do not exceed seventy-five (75) feet above average terrain or highway level (whichever is greater) in overall height. (4) Real estate signs permitted in commercial or industrial districts. One (1) real estate sign in commercial or industrial districts shall be permitted on each street abutting the parcel of land subject to the following requirements. a. The area of the sign shall not exceed one (1) square foot for each five (5) feet of street frontage on the abutting street. However, the total sign area need not be less than twenty-five (25) square feet nor shall it exceed sixty-four (64) square feet. (5) Any of the types of signs permitted in this article may be permitted as manual or automatic changeable copy signs. (k) Setbacks. Setbacks on all signs within this section are from the property lines to the outer edge of all signs unless expressly stated otherwise. These setbacks are as follows: Setbacks a. Street frontage .....10 b. Side (interior) .....5 c. Rear .....5 (l) Visibility. All signs shall provide maximum visibility for vehicular and pedestrian traffic. To insure proper line-of-sight for all motorists and to protect the general public from harmful and unsafe conditions, all signs shall not create a material impediment to visibility between the heights of three (3) feet and eight (8) feet above the street grade. If any sign encroaches into the above referenced visibility area, the street front property line setback shall be a distance between ten (10) feet and twenty (20) feet to insure proper visibility. (m) Illumination: Signs permitted in this subsection may be indirectly or directly illuminated. (Ord. No. 1764, § 4.3, 3-17-87; Ord. No. 1774, § 4, 9-8-87; Ord. No. 2065, § 1.2, 11-5-96; Ord. No. 2078, § 1, 3-18-97; Ord. No. 2518, § 5, 2-6-07; Ord. No. 2566, § 6, 11-6-07; Ord. No. 2686, § 9, 7-6-10)

Gulfport Code of Ordinances § 9-92 Signs in B-3 districts.

Sec. 9-92. - Signs in B-3 districts. (a) Permitted signs: The following signs are permitted in B-3 (Central-business) districts: (1) Freestanding (not to include off-premises outdoor advertising); (2) Home-occupation; (3) Wall; (4) Nameplate; (5) Real estate; (6) Construction; (7) Political; (8) Canopy; (9) Roof; (10) Projecting. (b) Freestanding ground signs: One (1) freestanding sign for each developed parcel or premises having frontage on a public right-of-way, not to exceed one (1) square foot of sign area for each lineal foot of street frontage abutting the portion of such parcel or premises with a maximum of sixty (60) square feet. (c) Wall or facia signs: One (1) wall or facia sign for each occupancy within a developed parcel, not to exceed a total copy area of one and one-half (1½) square feet for each linear foot of building occupancy. If such occupancy is on a corner, one (1) wall or facia sign will be permitted for each frontage. If the building includes a canopy, each occupancy will be permitted one (1) under-canopy sign not to exceed twelve (12) square feet. (d) Real estate signs: Refer to section 9-90(e), Real estate signs. (e) Roof signs: One (1) roof sign shall be permitted for each parcel such sign shall not exceed three (3) square feet of copy area for each linear foot of the building frontage that is parallel to the sign placement direction, or two hundred (200) square feet in total, whichever is lesser. A roof sign may exist instead of, but not in addition to, a freestanding ground sign or projecting sign. (f) Projecting signs: Refer to subsection 9-91(e), Projecting signs. (g) Canopy signs: Refer to subsection 9-91(f), Canopy signs. (h) Setbacks: Setbacks on all signs within this section, except expressly stated otherwise, will be from the property line. (i) Other signs: No other signs, except those signs provided for under sections 9-105 and 9-106, (exempt signs) shall be permitted in all of the districts described in sections 9-89 through 9-92. (Ord. No. 1764, § 4.4, 3-17-87; Ord. No. 2518, § 6, 2-6-07)

Gulfport Code of Ordinances § 9-92A Signs in Sand Beach District.

Sec. 9-92A. - Signs in Sand Beach District. (a) Permitted signs. The following signs are permitted in the Sand Beach District: Wall. (b) Wall, facia signs. One (1) wall or facia sign for each structure, not to exceed a total copy area of one and one-half (1½) square feet for each lineal foot of the structure. One (1) wall or facia sign will be permitted for each side on a structure. (Ord. No. 2065, § 1.3, 11-5-96)

Gulfport Code of Ordinances § 9-93 Animated signs, intensely lighted signs, and digital display sign faces.

Sec. 9-93. - Animated signs, intensely lighted signs, and digital display sign faces. (a) No sign shall be permitted which is animated by means of flashing, scintillating, blinking or traveling lights. (b) Digital display sign faces shall be allowed, subject to the following provisions: (1) There shall be no effects of movement, animation, scrolling, flashing, scintillation or similar effects and shall display only static images. (2) The static display time for each message shall be a minimum of eight (8) seconds. (3) The time to completely change from one message to the next is a maximum of two (2) seconds and shall not use fading, rolling, window shading, dissolving, or similar effects as part of the change. (4) 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. (5) 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. (Ord. No. 1764, § 5.1, 3-17-87; Ord. No. 2566, § 7, 11-6-07; Ord. No. 2686, § 10, 7-6-10)

Gulfport Code of Ordinances § 9-94 Miscellaneous signs and posters.

Sec. 9-94. - Miscellaneous signs and posters. The tacking, pasting or otherwise affixing of signs of a miscellaneous character, visible from a public way, located on the walls of buildings, barns, sheds, on trees, poles, posts, fences or other structures is prohibited unless otherwise permitted by this article. (Ord. No. 1764, § 5.2, 3-17-87)

Gulfport Code of Ordinances § 9-95 Abandoned signs.

Sec. 9-95. - Abandoned signs. Business signs that advertise an activity, business, product or service no longer conducted or available on the premises on which the sign is located, shall be prohibited and shall be governed by the provisions of sections 9-107 through 9-112. (Ord. No. 1764, § 5.3, 3-17-87)

Gulfport Code of Ordinances § 9-96 Parking of advertising vehicles prohibited.

Sec. 9-96. - Parking of advertising vehicles prohibited. No person shall park any vehicle or trailer on a public right-of-way or public property or on private property so as to be visible from a public right-of-way, which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises. This section is not intended to prohibit any form of vehicular signage such as a sign attached to a bus or lettered on a motor vehicle. (Ord. No. 1764, § 5.4, 3-17-87)

Gulfport Code of Ordinances § 9-97 Public areas.

Sec. 9-97. - Public areas. No sign or person carrying, pushing, pulling, or exhibiting or causing to be exhibited any type of signage or wearing any costume designed to advertise or direct attention to a product, service, place, activity, person, institution, business, or solicitation shall be placed or located on public property or over or across any street or public or private thoroughfare except as may otherwise expressly be authorized by this article. (Ord. No. 1764, § 5.5, 3-17-87; Ord. No. 2686, 7-6-10)

Gulfport Code of Ordinances § 9-98 Miscellaneous signs.

Sec. 9-98. - Miscellaneous signs. (a) Banners, searchlights, twirling signs, balloons or other gasfilled figures shall not be used on a permanent basis. (b) Signs described in (a) above will be permitted as special promotion in a commercial or industrial district for a total period not to exceed fifteen (15) days and will be allowed in residential districts in conjunction with an open house or model home demonstration conducted by a realtor for five (5) days before the opening of such a demonstration to three (3) days after and not to exceed a total period of thirty (30) days. (Ord. No. 1764, § 5.6, 3-17-87)

Gulfport Code of Ordinances § 9-99 A-frame signs.

Sec. 9-99. - A-frame signs. A-frame or sandwich board, sidewalk or curb signs are prohibited in this city. (Ord. No. 1764, § 5.7, 3-17-87)

Gulfport Code of Ordinances § 9-100 Unclassified signs.

Sec. 9-100. - Unclassified signs. The following signs are also prohibited within the city, which: (1) Bear or contain statements, words or pictures of an obscene, pornographic character, or which contain advertising matter which is misleading or untruthful. (2) Signs which purport to be, or are an imitation of, or resemble an official traffic sign or signal, or which bear the words "Stop," "Go Slow," "Caution," "Warning," or similar words, or which purport to be, or are an imitation of, or closely resemble the official logo of the city, its police department, or its fire department. (3) Signs with flashing lights containing colors red, blue, white, or yellow that are an imitation of or resemble emergency vehicles. (Ord. No. 1764, § 5.8, 3-17-87; Ord. No. 2518, § 7, 2-6-07)

Gulfport Code of Ordinances § 9-101 Compliance with building code.

Sec. 9-101. - Compliance with building code. All signs shall comply with the provisions of the building code adopted by the city and the additional construction standards set forth in this article. (Ord. No. 1764, § 6.1, 3-17-87)

Gulfport Code of Ordinances § 9-102 Construction of signs, auxiliary specifications.

Sec. 9-102. - Construction of signs, auxiliary specifications. (a) Obstruction to exits. No signs shall be located, erected, constructed or maintained so as to obstruct any fire escape, required exit, window or door opening used as a means of egress. (b) Obstruction to ventilation. No sign shall be attached in any form, shape or manner which will interfere with any opening required for ventilation, except that such signs may be erected in front of and may cover transom windows when not in violation of the provision of the building or fire prevention codes. (c) Clearance from high voltage power lines. Signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors. However, in no case shall a sign be installed in such a manner so as to violate any state or federal statute, rule or regulation which may apply thereto. (d) Drainage. The roofs of all marquees shall be properly guttered, and drained. (Ord. No. 1764, § 6.2, 3-17-87)

Gulfport Code of Ordinances § 9-103 Materials for freestanding signs.

Sec. 9-103. - Materials for freestanding signs. (a) All freestanding permanent signs, structures or poles shall be self-supporting structures erected on or permanently attached to concrete foundations or meet wind load requirements as specified in the building code, or any amendment thereto, adopted by the city. (b) All new freestanding on-premises and off-premises signs constructed, relocated or converted on, or adjacent to Interstate 10, Dedeaux Road, U.S. Highway 49, Pass Road and/or Airport Road pursuant to section 9-122 shall be constructed, as follows, when the base of a sign pole, defined as the point in which the emerging sign pole is viewed at its intersection with ground level from a distance of seventy-five (75) linear feet along the street (chord distance) in which the sign face(s) shall be viewed from. Such distance is to be measured from the center of the sign structure on a line parallel to the street or highway on which the sign is facing (See Diagram E). (1) Sign structure support pole(s) shall be wrapped with a masonry, stucco, stone and/or a similar synthetic material, from the ground level to a height not to exceed ten (10) feet above said ground level. (2) A decorative buttress shall be constructed at the ground/base level of the façade. (3) A decorative cap or crown shall be constructed at the top of the façade. (4) Any portion of the sign structure's support pole(s) between the façade and the display of the sign that is greater than ten (10) feet above ground level shall be finished with a stucco wrap or a textured paint. (c) All freestanding on-premises and off-premises sign façades shall be harmonious in material, style and color with the surrounding landscape of the developed site in which it is located. All sign permit applications for freestanding on-premises and off-premises signs to be constructed shall contain architectural façade plans to be reviewed and approved or denied by the architectural review committee in accordance with section 9-85 upon receipt of a permit application and renderings of the architectural façade plans. (Ord. No. 1764, § 6.3, 3-17-87; Ord. No. 2686, § 11, 7-6-10)

Gulfport Code of Ordinances § 9-105 Permit exceptions.

Sec. 9-105. - Permit exceptions. The following operations shall not be considered as creating a sign insofar as requiring the issuance of a sign permit, but the signs must be in conformance with all other codes and electrical laws and regulations of the city. (1) Changing of the advertising copy or message on an existing approved painted or printed sign, marquee, changeable copy sign or a similar approved sign whether electrical, illuminated, electronic changing message center or nonilluminated painted message which are all specifically designed for the use of replaceable copy. (2) Painting, repainting, cleaning or other normal maintenance and repair of a sign not involving structural changes, replacement of the plastic face, will be included as an exempt operation provided that it is due to a change caused by breakage and/or deterioration of the face, but not for the substitution of a new or different advertiser. (3) Changes in the content of show window displays and permitted temporary signs. (Ord. No. 1764, § 7.1, 3-17-87)

Gulfport Code of Ordinances § 9-106 Exempt signs.

Sec. 9-106. - Exempt signs. (a) Construction signs: One (1) construction sign per construction project not exceeding sixty-four (64) square feet in sign area in business and industrial districts or thirty-two (32) square feet in sign area in residential districts provided that such signs shall be erected no more than thirty (30) days prior to the beginning of construction for which a valid building permit has been issued, shall be confined to the site of construction, and shall be removed thirty (30) days after completion of construction and prior to occupancy. (b) Directional or instructional signs: Nonelectrical signs which provide instruction or direction and are located entirely on the property to which they pertain and do not exceed four (4) square feet in area, signs identifying restrooms, public telephones, walkways, or signs providing direction such as parking lot entrances and exit signs and those of a similar nature. (c) Governmental signs: Property owned by or under the control of the United States of America or the State of Mississippi and which is not subject to the police power of the city and property owned by or under the control of the city are hereby declared to be exempt from all sign regulations set forth in the city's Sign Ordinance (Section 9-76, et seq.). In addition, signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safety which are erected by or on the order of a public officer in the performance of his public duty are governmental signs. Signs on property owned by, leased to, or under the control of the city's urban renewal agency are exempt from those provisions of the Sign Ordinance relating to placement, location, size, and type but not the permitting process and associated requirements set forth in the Sign Ordinance, provided that the city's governing authority has approved, in advance, the sign's placement, location, size, type, and pictorial illustration, and such approval appears in the minutes of the governing authority. Governmental signs shall also include those signs affixed to the north side of a multi-level parking building or structure fronting or facing 15th Street in the city's downtown area or affixed to the west side of such multi-level parking building or structure, provided that such building or structure is owned and operated by a commission or authority created pursuant to Miss. Code Ann. § 21-27-13, but only with respect to those provisions of the Sign Ordinance relating to placement, location, size, and type but not the permitting process and associated requirements set forth in the ordinance and provided that the city's governing authority has approved in advance a sign's placement, location, size, and type and such approval appears in the minutes of the governing authority. (d) Holiday decorations: Signs of a primarily decorative nature, clearly incidental and customary and commonly associated with any national, local or religious holidays. (e) House numbers and nameplates: House numbers and nameplates not exceeding two (2) square feet in area for each residential building. (f) Interior signs: Signs located within the interior of any building or stadium, or within an enclosed lobby or court of any building, and signs for and located within the inner or outer lobby, court or entrance of any theater. This does not, however, exempt such signs from the structural, electrical, or material specifications as set out in this article. (g) Memorial signs: Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or inlaid so as to be part of the building or when constructed of bronze or other incombustible material. (h) Notice bulletin boards: Notice bulletin boards not over thirty-two (32) nominal square feet in area for medical, public, charitable or religious institutions where the same are located on the premises of such institution. (i) No trespassing or no dumping signs: No trespassing or no dumping signs not to exceed one and one-half (1½) square feet in area per sign and not exceeding four (4) in number per lot, except that special permission may be obtained from the building inspector for additional signs under proven special circumstances. (j) Occupant signs: One (1) sign for each dwelling unit not to exceed two (2) square feet in area indicating the name of the occupant, location or identification of a home professional office. (k) Plaques: Plaques or nameplate signs not more than four (4) square feet in area which are fastened directly to the building. (l) Public notices: Official notices posted by public officers or employees in the performance of their duties. (m) Public signs: Signs required or specifically authorized for a public purpose by any law, statute or ordinance which may be of any type, number, area, height above grade, location, illumination, or animation, required by the law, statute or ordinance under which the signs are erected. (n) Symbols or insignia: Religious symbols, commemorative plaques of recognized historical agencies, or identification emblems of religious orders or historical agencies, provided that no such symbol, plaque, or identification emblem shall exceed four (4) square feet in area, and provided further that all such symbols, plaques and identification emblems shall be placed flat against a building. (o) Temporary signs: Temporary signs not exceeding four (4) square feet in area pertaining to drives or events of civic, philanthropic, educational or religious organizations, provided that such signs are posted only during such drive or not more than thirty (30) days before the event and are removed no more than fifteen (15) days after an event. (p) Warning signs: Signs warning the public of the existence of danger, but containing no advertising material, of a size as may be necessary, to be removed upon subsidence of danger. (q) Neighborhood identification signs: In any zone, a sign, masonry wall, landscaping and other similar materials or features may be combined to form a display for neighborhood or tract identification, provided that the legend of such sign or display shall consist only of the neighborhood or tract name. All freestanding signs shall be placed within a landscaped area. (r) Political campaign signs: (1) Such signs may be placed on private property with consent of the owner or tenant thereof, in all zoning districts within the city. (2) The face of such signs on private property shall not exceed six (6) square feet in area, and no more than one (1) such sign shall be located on the same side of the street on a single lot or parcel. (3) Such signs shall not be tacked, nailed, painted, posted, or affixed in any manner on trees, utility poles, fences, rocks, and other such supporting structures. (4) Such signs shall not be located on public property or public right-of-way. (5) Candidates who qualify for any election shall remove their signs no later than seven (7) days after any election is certified as being official by the secretary of state or any political party, whichever first occurs. (6) In the event of violation of this subsection, the political candidate will be held responsible. The penalty will be set forth in section 9-78. (s) Real estate signs: One (1) real estate sign on any lot or parcel, provided such sign is located entirely within the property to which the sign applies, is not directly illuminated, does not exceed six (6) square feet in area, and is removed within seven (7) days after the sale, rental, or lease has been accomplished. (Ord. No. 1764, § 7.2, 3-17-87; Ord. No. 2518, § 10, 2-6-07; Ord. No. 2837, § 2, 10-6-15; Ord. No. 3280-R, § 1, 8-22-23; Ord. No. 3393, § 1, 5-21-24)

Gulfport Code of Ordinances § 9-107 Maintenance and repair.

Sec. 9-107. - Maintenance and repair. Every sign, including, but not limited to, those signs for which permits or for which no permit fees are required, shall be maintained in a safe, presentable and good structural material condition at all times, including the replacement of defective parts, painting, repainting, cleaning, and other acts required for the maintenance of such sign. The building inspector shall require compliance with all standards of this article. If the sign is not made to comply with adequate safety standards, the building inspector shall require its removal in accordance with this article. (Ord. No. 1764, § 8.1, 3-17-87)

Gulfport Code of Ordinances § 9-108 Abandoned signs.

Sec. 9-108. - Abandoned signs. Except as otherwise provided in this article, any nonconforming sign which is located on property which becomes vacant and unoccupied for a period of six (6) months or more, or any sign which pertains to a time, event, or purpose which no longer applies, shall be deemed to have been abandoned. Permanent nonconforming signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of nine (9) months or more. An abandoned nonconforming sign is prohibited and shall be removed by the owner of the sign or owner of the premises within thirty (30) days. (Ord. No. 1764, § 8.2, 3-17-87)

Gulfport Code of Ordinances § 9-109 Dangerous or defective signs.

Sec. 9-109. - Dangerous or defective signs. No person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the sign or the premises within the period set forth in section 9-112. (Ord. No. 1764, § 8.3, 3-17-87)

Gulfport Code of Ordinances § 9-110 Unlawful signs.

Sec. 9-110. - Unlawful signs. No person shall allow the erection of or erect on any premises owned or controlled by him any sign which does not comply with the provision of the article, or any state or federal statute, rule or regulation which may be applicable thereto. (Ord. No. 1764, § 8.4, 3-17-87)

Gulfport Code of Ordinances § 9-111 Street improvement projects.

Sec. 9-111. - Street improvement projects. Any sign projecting over a public right-of-way at the time of the effective date of Ordinance No. 1764 which was subject to removal or relocation at the owner's expense, pursuant to a permit or other ordinance of the city, shall be removed by the owner or altered at the owner's expense to comply with the regulation of this article if, as the result of, or after completion of a street improvement project, such sign does not or would not comply with the provisions of this article. (Ord. No. 1764, § 8.5, 3-17-87)

Gulfport Code of Ordinances § 9-112 Removal of signs by building inspector.

Sec. 9-112. - Removal of signs by building inspector. (a) The building inspector shall cause to be removed any sign that endangers the public safety such as an abandoned, dangerous, or materially, electrically or structurally defective sign or a sign for which no permit has been issued. The building inspector shall prepare a notice which shall describe the sign and specify the violation involved and which shall state that if the sign is not removed or the violation is not corrected within ten (10) days, the sign shall be removed in accordance with the provisions of this section. (b) All notices mailed by the building inspector shall be sent by certified mail to the address listed on the permit application or last known address of the sign owner. Any time periods provided in this section shall be deemed to commence on the date of the receipt or the return of the unclaimed certified mail. (c) For all other signs, the notice shall be mailed to the owner of the property on which the sign is located as shown on the last equalized assessment roll. If known, or with reasonable care should be known, the notice shall be mailed to or delivered to the owner of the sign and the occupant of the property. Any person having an interest in the sign or the property may appeal the determination of the building inspector ordering removal or compliance by filing a written notice of appeal with the city zoning board of adjustment within fifteen (15) days after the date of receipt of notice. (d) In cases of emergency, the building inspector may cause the immediate removal of a dangerous sign without notice. Any sign removed by the building inspector shall become the property of the city and may be disposed of in any manner deemed appropriate by the city. The cost of removal of the sign by the city shall be considered a debt owed to the city by the owner of the sign and the owner of the property, and may be recovered in any appropriate court action by the city or by assessment against the property. The cost of removal shall include any and all incidental expense incurred by the city in connection with sign removal. (e) Any removal of a conforming or legal nonconforming off-premises outdoor advertising sign pursuant to this section will allow the owner to replace said sign pursuant to the provisions of 9-122. (Ord. No. 1764, § 8.6, 3-17-87; Ord. No. 2518, § 8, 2-8-07; Ord. No. 2686, § 12, 7-6-10)

Gulfport Code of Ordinances § 9-113 Legal nonconforming signs.

Sec. 9-113. - Legal nonconforming signs. (a) Notification of nonconformity. Upon a determination that a sign does not conform to this article, the building inspector shall use reasonable efforts to so notify either personally or in writing the user or owner of the property on which the sign is located of the following: (1) The signs nonconformity. (2) Whether the sign is eligible for characterization either as legal nonconforming or unlawful. (b) Signs eligible for characterization as "legal nonconforming." Any sign located within the city limits on the date Ordinance No. 2686 is adopted [July 6, 2010], or located in an area on such date that is thereafter annexed to the city, which does not conform to the provisions of this article, but which was legally erected prior to the date this ordinance is adopted is eligible for a characterization as a "legal nonconforming" sign. (c) Loss of legal nonconforming status. Except when grandfather rights are provided in (d) below, a legal nonconforming designation is lost if: (1) The sign is altered in any way in structure or copy (except for changeable copy signs and normal maintenance), which tends to or makes the sign less in compliance with the requirements of this article than it was before the alteration. (2) The sign is relocated to a position making it less in compliance with the requirements of this article. (3) Changed to another nonconforming sign. (4) Expanded in width or breath. In such cases where the Mississippi Department of Transportation allows the sign in question to be extended in height to clear existing vegetation, such sign will be permitted to be extended in height to conform to Mississippi Department of Transportation regulations and/or direction. In any event, the sign existing hereunder shall conform to the provisions for outdoor advertising signs specified in subsection 9-91(h)(4). (5) Re-established after deterioration, damage or destruction of more than fifty (50) percent of the value, or fifty (50) percent of the area of the sign. (6) On the happening of any of [subsections] (1), (2), (3), (4), or (5) the sign shall be immediately brought into compliance with this article with a new permit secured therefor, or shall be removed. (d) Grandfather rights. Any outdoor advertising sign (billboard) which is legally erected or permitted as of the date Ordinance No. 2686 is adopted [July 6, 2010] shall be "grandfathered" with the registered owner, operator, and/or holder of said sign and allowed to remain in place under the terms of this article providing it maintains its legal nonconforming status in accordance with the provisions of subsection (c) hereof. Further, in the event a legal conforming and/or legal nonconforming outdoor advertising sign is damaged or destroyed by an act of God or similar force majeure, such sign shall be allowed to be repaired or replaced, upon removal of the applicable damaged sign structure(s), by the registered owner, operator, and/or holder of said sign on the same site providing no change is made which makes the sign less in compliance with this article and without the necessity of removing additional sign structure(s). Should any legal nonconforming sign be required to be moved because of a highway or road widening or other government project, and the sign can be located in approximately the same location but outside the new right-of-way or project boundaries, said relocation shall be allowed, by the registered owner, operator, and/or holder of said sign, but the sign shall continue to maintain its legal conforming and/or legal nonconforming status as applicable. (Ord. No. 1764, § 9.1, 3-17-87; Ord. No. 1774, § 5, 9-8-87; Ord. No. 2115, § 1, 12-17-97; Ord. No. 2145, § 1, 9-10-98; Ord. No. 2518, § 9, 2-6-07; Ord. No. 2686, § 13, 7-6-10; Ord. No. 2686, 7-6-10)

Gulfport Code of Ordinances § 9-114 Legal nonconforming sign maintenance and repair.

Sec. 9-114. - Legal nonconforming sign maintenance and repair. Nothing in sections 9-113 through 9-115 shall relieve the owner or user of a legal nonconforming sign or owner of the property on which the legal nonconforming sign is located from the provisions of this article regarding safety, maintenance or repair of signs; provided, however, that any repainting, cleaning and other normal maintenance or repair of the sign or sign structure shall not modify the sign structure or copy in any way which makes it more nonconforming or the sign may lose it legal nonconforming status. (Ord. No. 1764, § 9.2, 3-17-87)

Gulfport Code of Ordinances § 9-115 Signs on nonconforming property.

Sec. 9-115. - Signs on nonconforming property. Signs or sign structures which are located on property, the use of which is nonconforming to the district in which such property is located, shall conform to those sign requirements imposed by the district in which such use is located or the sign requirements of the district where such use of property would be first permitted. (Ord. No. 1764, § 9.3, 3-17-87)

Gulfport Code of Ordinances § 9-116 Subdivision development signs.

Sec. 9-116. - Subdivision development signs. The building inspector may issue a special permit for a temporary sign in a zone in connection with the marketing of lots or structures in a subdivision, subject to the following conditions: (1) Duration: Such permits may be issued for a period not to exceed one (1) year. The building inspector may renew such permits for additional periods of up to one (1) year for each permit upon written application at least thirty (30) days prior to its expiration. (2) Type of sign: Signs as used in this section refer to all types of signs except signs exempted under sections 9-105 and 9-106 and those prohibited under sections 9-93 and through 9-100. (3) Legend: The off-site sign may contain advertising in connection with the name of the subdivision, development firm, building, contractor, real estate sales firm, and may refer to materials, appliances, supplies and building trades used in construction of the dwelling units, or services provided by the developer. (4) Location: Any subdivision development sign shall comply with all applicable setback requirements for the zoning district in which the property is located. No such sign shall be permitted to remain in one (1) subdivision or in one (1) sale of lots or structures in another subdivision, or another unit within the same subdivision, without the express permission of the building inspector. (Ord. No. 1764, § 10.1, 3-17-87)

Gulfport Code of Ordinances § 9-117 Signs for special events.

Sec. 9-117. - Signs for special events. Temporary signs, not in excess of four (4) square feet in area, may be erected as participation in a public parade, public event or public celebration of a period not to exceed ten (10) days; provided, however, the erection of such sign shall be approved by the building inspector. (Ord. No. 1764, § 10.2, 3-17-87)

Gulfport Code of Ordinances § 9-118 Special exceptions; on-premises signs.

Sec. 9-118. - Special exceptions; on-premises signs. (a) The intent of this section is to allow certain provisions of this article pertaining to on-premises signs to be modified where such modification will encourage excellence in the planning and design of such signs. Nothing in this article is intended to permit the construction, erection, installation, or maintenance of off-premises and outdoor advertising signs which are prohibited in this article or to permit the construction, erection, installation, or maintenance of on-premises signs which are prohibited in sections 9-93 through 9-100. (b) In the event that any party wishes to construct or install an on-premises sign other than as permitted in this article, that party shall be entitled to a hearing before the zoning board of adjustment. Governing rules for appeals and variances required by the zoning board of adjustment shall apply as adopted in section VIII, Administration and enforcement, [subsection] (B), Board of adjustment, Gulfport Comprehensive Zoning Ordinance (1501). (Ord. No. 1764, § 11, 3-17-87; Ord. No. 2686, § 14, 7-6-10)

Gulfport Code of Ordinances § 9-119 Sign inspector.

Sec. 9-119. - Sign inspector. (a) Appointment. The mayor will appoint the building official or his designated representative to be called the sign inspector to enforce the provisions of this article. (b) Duties: The duties of the sign inspector shall be as follows: (1) The sign inspector shall examine all applications for permits for erection of signs, authorize the continued use of signs which conform with the requirements of this article, record and file all applications for permits with any accompanying plans and documents, make an annual inspection of all signs in the city and make such reports as the city may require. (2) If the sign inspector shall find that any sign has been constructed or erected or is being maintained in violation of the provisions of this article, he shall promptly notify the owner or lessor thereof in writing. (Ord. No. 1764, § 12.1, 3-17-87)

Gulfport Code of Ordinances § 9-120 Amendment policy.

Sec. 9-120. - Amendment policy. (a) Reason for amendment. This article is in conformity with the comprehensive zoning ordinance which is based on comprehensive planning studies and is intended to carry out the objective of a sound, stable and desirable environment. It is recognized that casual amendment of this article would be detrimental to the achievement of that objective. It is therefore declared to be the public policy to amend this article only when one (1) or more of the following conditions prevail: (1) Error. There is a manifest error in this article. (2) Change in conditions. Changed or changing conditions in a particular area, or in the city or metropolitan area generally, make an amendment to this article necessary and desirable. (3) Article changes. Amendment of this article not involving a change in the types of signs is necessary. (b) Limitation on proposed amendments. Proposed amendments to effect a change in the types of permitted, prohibited, exempt and special signs shall demonstrate a clear and absolute need for those signs to be permitted in a more restrictive district or classified as such. (Ord. No. 1774, § 14.1, 9-8-87)

Gulfport Code of Ordinances § 9-121 Amendment procedure.

Sec. 9-121. - Amendment procedure. Proposed amendments to this article shall be considered by the planning commission and by the mayor and city council. It is the function of the planning commission to consider prepared amendments, to collect information relative thereto by investigations or other means, and to conduct public hearings thereon, and to make recommendations to the mayor and city council. The ordinance can be amended only by the mayor and city council. (1) Amendment application. An amendment to this article may be initiated by the mayor and city council on its own motion by the city planning commission. An amendment may also be initiated by any person by filing a written application therefore with the building official. The application for amendment shall contain at least the following: a. Interest and ownership. The applicant's name, address and interest in the application, and the name, address and interest of every person represented by the applicant in the application; the names and addresses of all owners of adjacent property (exclusive of the width of intervening streets, alleys or bodies of water). b. Effect of amendment. A report giving the nature, description and effect of the proposed amendment. c. Error. The error in this article that would be corrected by the proposed amendment, if the intent is to correct an error. Upon receipt of an application for amendment, properly and completely made out, the building official shall examine the application and shall make such investigation as is necessary. He shall transmit the application, together with his report and recommendations, to the planning commission. (2) Planning disposition. Following receipt of an application from the building official, the planning commission shall hold a preliminary hearing thereon. After such preliminary hearing, the commission shall certify the application for public hearing. The planning commission shall fix a reasonable time for the public hearing and shall give public notice thereof by one (1) publication in a newspaper published or having general circulation in the city, which publication shall be made not less than fifteen (15) days prior to such hearing, as required by law, as well as appropriate notice to the applicant and to the building official. If it deems necessary, the commission may also notify the owners of surrounding property by mail as the names and addresses of such owners have been furnished by the applicant. The commission shall prepare a record of its proceedings for each case, showing the grounds for its recommendation. The record shall be filed in the office of the planning commission and shall be a public record; a certified copy of the records of proceedings shall be transmitted to the mayor and city council. (3) Legislative disposition. The mayor and city council shall examine all such applications, reports and recommendations transmitted to it and shall take such further action as it deems necessary and desirable to approve, disapprove, modify or remand to the city planning commission for further consideration. The mayor and city council shall restrict the hearing concerning an application to the record as made before the city planning commission. (Ord. No. 1774, § 14.2, 9-8-87)

Gulfport Code of Ordinances § 9-122 Limitation and regulation of off-premises signs—Cap and replace.

Sec. 9-122. - Limitation and regulation of off-premises signs—Cap and replace. (a) Purpose. It is the purpose of this section to prevent the proliferation of off-premises signs in the city and to cap the current number of such signs at no more than existing inventories. In order that the total number of such signs currently located within the city not be increased, no person shall construct an off-premises outdoor advertising sign without first removing other such sign(s) located within the city as expressed in this section. (b) Inventory of outdoor advertising signs. An inventory of all off-premises outdoor advertising sign structures, both conforming and legal nonconforming, shall be maintained by the planning administrator for the city and/or his or her authorized agents. The initial inventory shall reflect the total number of off-premises signs existing as of May 1, 2009. The inventory shall initially be compiled by registration of any and all off-premises signs, both conforming and legal nonconforming, existing as of May 1, 2009. Owners of any such signs will have a period of six (6) months after the effective date of this section to register all such signs for inclusion in the inventory. Any signs not registered on or before said deadline shall not be eligible for replacement under the provisions of this section. (c) Cap and replace. After the effective date of the ordinance adopting and/or revising this section, all off-premises signs erected and/or converted, shall conform to the following: (1) After said date of enactment and at the time of experiencing a loss and/or removal of any of inventoried off-premises sign, by whatever cause, the owner of said sign shall notify in writing the building official/planning administrator of the city, within 90 days of said loss or removal, showing the location and date of the loss of said billboard. Should there be mass damage by an act of God affecting multiple signs and sign locations, or for other good cause shown, the building official/planning administrator for the city has authority to extend the time period in which to file notice of loss, destruction or removal. (2) Upon confirmation of loss or removal of an off-premises sign structure by the appropriate official, a credit certificate shall be issued by the building inspections department to the owner of said off-premises outdoor advertising sign structure for each such structure lost or removed. Said certificate shall be issued within fifteen (15) days of notice pertaining to applicable sign owner's loss or removal. The owner of the credit certificate may choose to hold the certificate, redeem it as necessary for a building permit to erect a new static or digital display billboard structure, redeem it as necessary to convert an existing static display billboard structure to a digital display billboard structure, or convey the certificate to a third party. (3) Upon confirmation of loss or removal of an off-premises sign structure on U.S. Highway 90 by the appropriate official, four (4) credit certificates shall be issued by the building inspections department to the owner of said off-premises outdoor advertising sign structure. Upon confirmation of loss or removal of an off-premises sign structure on State Route 605, by the appropriate official, two (2) credit certificates shall be issued by the building inspections department to the owner of said off-premises outdoor advertising sign structure. Said certificates shall be issued within fifteen (15) days of written notice pertaining to applicable sign owner's loss or removal. The owner of the credit certificates may choose to hold the certificates, redeem the certificates as necessary for building permits to erect new static or digital display billboard structures, redeem the certificates as necessary to convert an existing static display billboard structure to a digital display billboard structure, or convey the certificates to a third party. (d) Generally. Construction of new, or conversion of existing sign structure(s) to digital display sign structure(s) shall be subject to the following provisions: (1) A new digital display sign structure shall adhere to those provisions as set forth in section 9-93 and all other provisions of this ordinance pertaining to such sign. (2) Existing off-premises advertising signs (except for those located in a residential district addressed in section 9-89) may be converted to a digital display sign structure, subject to the provisions of this section, section 9-93 and sections 9-90 and 9-91 as applicable. The conversion of any existing billboard must be permitted by the building inspector. (3) No off-premises digital display sign face shall be erected or static display sign face converted to an off-premises digital display sign face within three thousand (3,000) feet of any other off-premises digital display sign face facing the same such direction on the same street, highway, or interstate. (4) In order that the total number of all off-premises outdoor advertising sign structures currently located within the city be decreased, no person shall erect an outdoor advertising sign structure containing digital displays or convert an existing outdoor advertising sign to a digital display sign, without first removing six (6) existing outdoor advertising sign structures. The collective square footage on two (2) of the six (6) existing outdoor advertising sign structures to be removed must be equal to, or greater than, the collective digital display copy area to be erected and/or converted. A sign that is converted shall not count toward the number of sign structures required to be removed in order for the conversion to be permitted. Sign owners/operators may relocate, reconfigure, and/or reinstall one (1) existing digital display sign face per year onto another existing sign structure without the necessity of removing any sign structures so long as the installation is in conformity with all other aspects of this section, section 9-93 and sections 9-90 and 9-91 as applicable, and the total number of sign structures located on U.S. Highway 49, Pass Road, Airport Road, and Interstate 10 within the city as of the date Ordinance No. 2686 is adopted [July 6, 2010] is not increased as a result. A permit shall be issued prior to relocation. (5) 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 or forfeiture of credit for the removal of six (6) outdoor advertising sign structures. (6) In addition to the subsections above and in order that the total number of all off-premises outdoor advertising sign structures currently located on U.S. Highway 49 and Pass Road not be increased, no person shall erect or convert a static display sign structure to an off-premises digital display sign structure on or within three hundred (300) feet of U.S. Highway 49 or Pass Road without first demonstrating the removal of two (2) existing outdoor advertising sign structures located on or within three hundred (300) feet of U.S. Highway 49, U.S. Highway 90, Highway 605 and/or Pass Road. (e) Generally: Construction of new static display sign structure(s). (1) A new static display sign shall adhere to all provisions of this chapter pertaining to such sign(s), including, but not limited to, the provisions relating to signs in the particular zoning district the sign is to be located in. (2) In order that the total number of all off-premises outdoor advertising sign structures currently located within the city not be increased, no person shall construct a static outdoor advertising sign without first removing two (2) existing outdoor advertising sign structures. One (1) of the required two (2) sign structures to be removed shall have a collective copy area equal to or greater than the collective copy area on the static display to be erected. Erection of said sign(s) shall adhere to those provisions outlined in sections 9-90 and 9-91. (3) Sign owners in possession of at least five (5) or more active credit certificates may erect, relocate, reconfigure, and/or replace as may be necessary up to two (2) static display sign structures per year. For each such sign structure erected, relocated, reconfigured, and/or replaced the sign owner shall remove or forfeit credit for their prior removal of one (1) outdoor advertising sign structure without the necessity of removing any other sign structures so long as the installation is in conformity with this section in all other aspects and sections 9-90 and 9-91, as applicable, and the total number of sign structures located on U.S. Highway 49, Pass Road, Airport Road, and Interstate 10 within the city as of the date Ordinance No. 2686 is adopted [July 6, 2010] is not increased as a result of said erection, relocation, reconfiguration, and/or replacement. (4) A permit for the construction and/or erection of a static display sign structure, may be issued after the forfeiture of credit for the removal of two (2) outdoor advertising sign structures. (5) In addition to the subsections above and in order that the total number of all off-premises outdoor advertising sign structures currently located on U.S. Highway 49, Interstate 10, and Pass Road not be increased, no person shall construct or locate an off-premises static display sign structure on or within three hundred (300) feet of U.S. Highway 49, Interstate 10, or Pass Road without first removing one (1) existing outdoor advertising sign structure on or within three hundred (300) feet of the particular highway or road that the new sign face will be within three hundred (300) feet of or located upon. (f) Specific roadways: Construction of or conversion to Digital Display or Static Display sign structure on U.S. Highway 90, U.S. Highway 605, State Route 601, Dedeaux Road, or Airport Road. (1) No off-premises outdoor advertising sign/structure shall be constructed/converted or located on or within three hundred (300) feet of either U.S. Highway 90, State Route 605, or State Route 601 (Canal Road—Port Connector). (2) The total number of all off-premises outdoor advertising sign structures on Airport Road within the city shall not exceed four (4); furthermore, the total number of digital displays located on off-premises outdoor advertising signs on Airport Road shall not exceed two (2) at any given time. (3) The number of all off-premises outdoor advertising sign structures on Dedeaux Road shall not exceed thirteen (13); furthermore, the total number of digital displays located on off-premises outdoor advertising signs on Dedeaux Road shall not exceed four (4) at any given time. (g) Effect of annexation. In the event the city expands by annexation, the total number of off-premises signs permitted within the city shall be increased in an amount equal to the total number of existing off-premises signs located in the annexed area at the time of annexation. [image omitted; see the official code] [image omitted; see the official code] [image omitted; see the official code] (Ord. No. 2686, § 15, 7-6-10)
Source: City of Gulfport, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/gulfport/codes/code_of_ordinances?nodeId=PTIICOOR_CH9PLDE_ARTIVSIFetched: 11/1/2026

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