House Bill 1183

AN ACT TO AMEND SECTION 49-23-9, MISSISSIPPI CODE OF 1972, TO REVISE THE SIZE RESTRICTIONS PLACED ON CERTAIN SIGNS USED IN THE OUTDOOR ADVERTISING BUSINESS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 49-23-9, Mississippi Code of 1972, is amended as follows:

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49-23-9. All signs as specified in Section 49-23-5(d) and (e) erected or maintained in business areas shall comply with the following standards which are consistent with customary use in the outdoor advertising business in Mississippi:

(1) (a) For signs erected prior to July 1, 2003, the maximum size of any outdoor sign or other advertising device shall be one thousand two hundred (1,200) square feet;

(b) For sign structures erected on or after July 1, 2003, the maximum area for any one (1) sign face shall be six hundred seventy-two (672) square feet, the maximum height shall be fourteen (14) feet and the maximum length shall be forty-eight (48) feet, inclusive of any border and trim on the sign face, but excluding any embellishment on, and cut-out extension of, the sign face, the base or apron, supports and other structural members. * * * Any embellishment on or cut-out extension of any sign face shall not exceed twenty percent (20%) of the square footage of such sign face.

(2) The area of any sign face shall be measured by the smallest square, rectangle, triangle or circle or combination thereof which will encompass the entire sign.

(3) Sign structures erected on or after July 1, 2003, may contain one (1) or two (2) signs per face and may use only a side-by-side, back-to-back or V-type configuration and no other; provided, however, that if two (2) signs are used facing the same direction, the aggregate total area shall not exceed six hundred seventy-two (672) square feet.

(4) All illuminated outdoor signs or other advertising devices shall be so illuminated as to adhere to the customary practices of the industry in Mississippi at the time of passage of Sections 49-23-1 through 49-23-29. No lighting devices shall be used which in any way imitate any traffic control device, railroad sign or signal, or highway directional signs.

(5) All outdoor signs and other advertising devices located within one-half (1/2) mile of an intersection of two (2) or more primary highways, or a primary highway and the Great River Road, or an interchange on the interstate system shall be erected and/or maintained with a minimum spacing between structures of two hundred fifty (250) feet, unless separated by another commercial building or structure, other than outdoor advertising, in which case outdoor advertising may be permitted on one or more sides of building or buildings.

(6) No two (2) signs shall be spaced less than three hundred fifty (350) feet apart, except as to signs in existence on October 22, 1965, which shall not be removed by Sections 49-23-1 through 49-23-29. However, this spacing limitation shall not apply to areas within incorporated cities, towns, villages and in areas zoned industrial or commercial.

SECTION 2. This act shall take effect and be in force from and after July 1, 2003.