Senate Bill 2098

(As Passed the Senate)

AN ACT TO AMEND SECTION 55-13-35, MISSISSIPPI CODE OF 1972, TO MAKE IT CLEAR THAT THE HEIGHT RESTRICTIONS ON STRUCTURES WITHIN 1,000 FEET OF THE NATCHEZ TRACE PARKWAY APPLY TO ADVERTISING STRUCTURES AND TO REMOVE CERTAIN EXEMPTIONS FROM SUCH HEIGHT RESTRICTIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 55-13-35, Mississippi Code of 1972, is amended as follows:

55-13-35. (1) It shall be unlawful to construct or erect a building, advertising structure or other structure, of more than three (3) stories or thirty-five (35) feet in height, whichever is lesser, within one thousand (1,000) feet of the outside boundary of the Natchez Trace Parkway. Such restrictions on buildings and structures shall apply notwithstanding that such area is located inside or outside a municipality and notwithstanding any other provisions of law to the contrary.

(2) It is the legislative intent of this section, in part, that possession of a building permit on July 1, 1988, shall not allow any construction after July 1, 1988, based on that permit. This section shall not apply to any building in existence on July 1, 1988.

(3) The following buildings or structures are exempt from the application of this section if they were constructed or under construction prior to July 1, 2002:

(a) Silos, buildings and structures designed for agricultural use;

(b) Churches; and

(c) Any building or structure * * * on property that * * * is owned by a public school district and used for educational purposes * * *.

SECTION 2. This act shall take effect and be in force from and after July 1, 2002.