ADMINISTRATION AND ENFORCEMENT

Tupelo Code of Ordinances ch. 3, art. II, div. 2

in effect

Tupelo Code of Ordinances § 3-46 Designation of administrator.

Sec. 3-46. - Designation of administrator. (a) The department of planning and community development is hereby designated as the administrator of this article, and shall have the primary responsibility for its implementation and enforcement. Any references herein to the "administrator" shall refer to this department and its employees, individually and collectively. Specific job duties with respect to this article may be assigned by the director of the department. (b) Should this department be reorganized, altered, or abolished, the responsibility for implementation and enforcement of this article shall pass to that department or office within the city that enforces and administers the zoning and building regulations of the city or, in the absence of such an office, to the office of the mayor. (Ord. of 11-15-88, § 3.1)

Tupelo Code of Ordinances § 3-47 Permits and fees.

Sec. 3-47. - Permits and fees. (a) No sign shall be erected, replaced, altered so as to change its overall dimensions or design, or relocated within the city without a permit first being obtained and the required fee paid, unless specifically exempted herein. Permits shall also be required for the modification, alteration or maintenance of signs when: (1) The nature or name of the business which the sign advertises is changed and the sign is to be changed or modified either in shape, size or message. (2) The sign is damaged by any means to the extent of more than fifty (50) percent of its replacement cost at the time of the damage. (b) Applications for permits, where required, shall be on forms provided by the administrator. The administrator, in addition to the application form, may require the submission of drawings, photographs, specifications or any other information required to determine compliance of proposed signs with this article. (c) Fees for permits, as well as other activities of the administrator in enforcing this article, shall be set by the board of aldermen. A schedule of fees shall be posted in the office of the administrator, and published one (1) time in a newspaper of general circulation in the city. (d) Permits issued pursuant to this article shall expire six (6) months from the date of issuance, unless the activities authorized by the permit are initiated within that time. (Ord. of 11-15-88, § 3.2)

Tupelo Code of Ordinances § 3-48 Variances and special exceptions.

Sec. 3-48. - Variances and special exceptions. (a) Applications for variances and special exceptions shall be made on forms provided by the administrator and must be accompanied by the required fee. Such applications will be heard by the board of adjustments, pursuant to article X of the zoning ordinance, which will make recommendations regarding applications to the board of aldermen. All procedures and regulations in article X of the zoning ordinance will apply to applications under this section of this article. (b) Special exceptions for a use not permitted in the zoning district where the property is located shall be granted only upon a showing by the applicant that such an exception shall not substantially increase traffic hazards or congestion, substantially increase fire or other safety hazards, adversely affect the character of the neighborhood, adversely affect the general welfare of the city or overtax public utilities or other community facilities. (c) Variances from the terms of this article with regard to such requirements as number, separation, size, height, density and setbacks shall be granted only upon a showing by the applicant that such variances shall not be contrary to the public interest, that special conditions and circumstances exist peculiar to the land, structure or property that are not the result of actions by the applicant, and that a literal enforcement of this article would result in an unnecessary hardship on the applicant. (Ord. of 11-15-88, § 3.3)

Tupelo Code of Ordinances § 3-49 Appeals of administrative actions.

Sec. 3-49. - Appeals of administrative actions. (a) Any person injured or aggrieved by any interpretation of this article or other action by the administrator in the implementation and enforcement of this article may appeal such interpretation or action for a ruling by the board of adjustments. The appeal shall be made in writing by presenting to the administrator during business hours a summary of facts with regard to such interpretation or action and how such action has injured or aggrieved the appellant. (b) All such appeals received by the administrator shall be placed on the agenda of the board of adjustments according to the policies and procedures established by the administrator and the board of adjustments. The board of adjustments shall hear all facts concerning the issues raised by the appellant and make findings concerning the lawfulness and appropriateness of the administrator's action. The board shall review only those issues presented by the appellant, and the appellant shall have the burden of proof to show that the actions of the administrator are unlawful or improper. (c) The findings of the board of adjustments shall be conclusive as to all material issues of fact. The appellant may further appeal any findings of the board of adjustments to the board of aldermen by filing a notice of appeal, on forms provided by the administrator, in the office of the administrator by noon on the second working day following such findings by the board of adjustments. The administrator, upon receipt of such a notice of appeal, shall prepare a statement of facts and findings for the board of aldermen, which must be signed by the administrator and the presiding officer of the board of adjustments. (Ord. of 11-15-88, § 3.4)

Tupelo Code of Ordinances § 3-50 Violations and penalties.

Sec. 3-50. - Violations and penalties. (a) Violations of this article shall constitute a misdemeanor, and shall be punishable as provided in section 1-8 of this Code. The administrator shall have the power to recommend to the municipal court a schedule of proposed penalties for various offenses. (b) Continuance of a specific violation for each separate day shall constitute a separate offense. (c) A penalty equal to the fee normally imposed for a permit pursuant to this article shall be imposed on applicants for permits who file applications after work being applied for has been initiated. This penalty shall be assessed in addition to any other liabilities the applicants may incur. (d) Persons owning, leasing, renting or otherwise in possession of property upon which a violation of this article occurs, as well as those physically causing the violation to occur, whether by placing, erecting, modifying or otherwise altering a sign, shall be held jointly and severally liable for the violation. (Ord. of 11-15-88, § 3.5)

Tupelo Code of Ordinances § 3-51 Citation powers.

Sec. 3-51. - Citation powers. (a) The administrator shall have the power and authority to issue summonses returnable to the municipal court or to any other proper authority for violations of this article. Such summonses shall have the same full force and effect as if issued by the police department. Summonses may be issued by personal service upon those in violation of this article or by mailing a copy by registered mail to those in violation of this article. (b) The administrator may develop and utilize such forms as may be required and necessary to implement these powers and actively enforce this article. (Ord. of 11-15-88, § 3.6)

Source: City of Tupelo, Mississippi, Code of Ordinances and Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/ms/tupelo/codes/code_of_ordinances?nodeId=COOR_CH3AD_ARTIISICO_DIV2ADENFetched: 11/1/2026