Use-specific standards are the requirements applied to individual use types regardless of the zoning district in which they are located or the review procedure by which they are approved, unless expressly stated to the contrary. This is intended to identify and consolidate the use-specific standards for all principal uses identified in Tables 23-4-1(B): Use Table - Residential and Table 23-4-1(C): Use Table - Nonresidential and Planned Development Districts, as subject to "additional requirements." These standards may be modified by other applicable requirements in this Ordinance.

(1)

General

Table 23-4-1(B), Use Table - Residential Districts and Table 23-4-1(C), Use Table - Nonresidential and Planned Development Districts, list principal uses and indicate whether they are allowed by right, allowed as a conditional use, allowed in a Planned Development District, or prohibited within each base, special, or Planned Development District. The use tables also include references to use specific standards applicable to the specific use.

(2)

Organization of Uses

The use tables organize allowable uses by use classifications, use categories, and use types. The use tables and Section 23-4-2, Use Classifications, Categories, and Use Types, together provide a systematic basis for identifying and consolidating uses, for distinguishing unidentified uses to determine whether a particular use is allowable in a particular zoning district, and in addressing future use additions to the use tables.

a.

Use Classifications

The use classifications identify broad general classifications of land use and include residential uses, institutional uses, agricultural uses, commercial uses, and industrial uses. Use classifications are further broken down into a series of general "use categories" and specific "use types."

b.

Use Categories

The use categories describe the major sub-groups of the respective use classifications, and are based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. For example, the Residential Use Classification is divided into the Household Living and Group Living use categories. Use categories are further broken down into a series of individual use types.

c.

Use Types

The specific use types are included in the respective use category. They identify the specific principal uses that are considered to fall within characteristics identified in the use category. For example, live/work dwellings, single-family detached dwellings, townhouse, multifamily dwellings, and manufactured homes are use types in the Household Living use category.

(3)

Permitted Uses

A "P" in a cell of a use table indicates that the corresponding use category or use type is allowed by right in the corresponding base zoning district subject to compliance with the use-specific standards referenced in the final column of the use table. Permitted uses are subject to all other applicable regulations of this Ordinance, including, but not limited to, those set forth in Article 23-5: Intensity and Dimensional Standards, Article 23-6: Development Standards, and Article 23-7: Subdivisions.

(4)

Conditional Uses

A "C" in a cell of the use table indicates that the corresponding use category or use type is allowed in the corresponding base zoning district only upon approval of a Conditional Use Permit in accordance with Section 23-2-3(D), Conditional Use Permit, and any use-specific standards referenced in the final column of the use table. Uses subject to a Conditional Use Permit are subject to all other applicable regulations of this Ordinance, including, but not limited to, those set forth in Article 23-5: Intensity and Dimensional Standards, Article 23-6: Development Standards, and Article 23-7: Subdivisions.

(5)

Allowed Uses Subject to a Planned Development District Classification

An "A" in a cell indicates that a use category or use type is allowed in a Planned Development District provided the use is set out as a possible use type in an approved Planned Development master plan. Allowed uses are subject to the Planned Development master plan approval, the terms and conditions statement, and the other applicable regulations in this Ordinance, including those set forth in Section 23-3-4, Planned Development Zoning Districts. A blank cell indicates the use is prohibited in the specific Planned Development District, and shall not be included in a master plan.

(6)

Prohibited Uses

A blank cell in the use table in the other base districts indicates that the use type is prohibited in the corresponding zoning district.

(7)

Use-Specific Standards

When a particular use category or use type is permitted in a zoning district, there may be additional regulations that are applicable to a specific use. The existence of these use-specific standards is noted through a section reference in the last column of the use table titled "Additional Requirements." References refer to Section 23-4-3, Use-Specific Standards. These standards shall apply to a particular use regardless of the base zoning district where it is proposed, unless otherwise specified.

(8)

Use Restricted or Prohibited by Overlay Zoning District

Regardless of whether the use table identifies a particular use type as a permitted use, allowed use, or conditional use in a zoning district, or references additional requirements for the use type, the use type may be restricted or prohibited, or subject to more restrictive additional requirements, in accordance with applicable overlay district provisions in Section 23-3-5, Overlay Zoning Districts.

(9)

Unlisted Uses

The Director of Community Development shall determine whether or not an unlisted use is part of an existing use category or use type as defined in Section 23-4-2, Use Classifications, Use Categories, and Use Types, or is substantially similar to an already defined use type, using the standards in Section 23-4-2, Interpretation of Unlisted Uses.

(Ord. No. 2423, 7-21-2020; Ord. No. 2436, 3-2-2021; Ord. No. 2441, 5-4-2021; Ord. No. 2459, 9-21-2021; Ord. No. 2484, 6-7-2022)

(Ord. No. 2173, § 1, 10-19-2010; Ord. No. 2188, § 1, 4-19-2011; Ord. No. 2189, § 1(Exh. C), (Exh. D), 5-24-2011; Ord. No. 2209, § 1, 7-24-2012; Ord. No. 2220, § 1(Exh. A), (Exh. D), 12-11-2012; Ord. No. 2241, § 1, 10-15-2013; Ord. No. 2256, § 1, 5-20-2014; Ord. No. 2260, § 1, 6-10-14; Ord. No. 2410, 1-28-2020; Ord. No. 2411, 1-28-2020; Ord. No. 2421, 7-21-2020; Ord. No. 2423, 7-21-2020; Ord. No. 2436, 3-2-2021; Ord. No. 2437, 3-23-2021; Ord. No. 2441, 5-4-2021; Ord. No. 2461, 9-28-2021; Ord. No. 2477, 3-8-2022; Ord. No. 2484, 6-7-2022; Ord. No. 2523, 9-5-2023; Ord. No. 2557, 7-23-2024)

(1)

Purpose

This is intended to provide a systematic framework for identifying, describing, categorizing, consolidating, and distinguishing uses in a way that makes it easier to determine how a particular use, activity, or combination of activities, is to be considered in applying the use table and other provisions in this Ordinance. This is also intended to provide support in addressing instances where a new or unanticipated use is not identified in the use table.

(2)

Structure of this Section

a.

General

This section identifies each of the six use classifications in Table 23-4-1(B) and Table 23-4-1(C) Use Tables, and includes a under each use classification identifying each use category. There are "characteristics," "examples," "exceptions," and "related but different uses and distinctions" subsections under each use category (individual use types are defined in Article 23-10: Definitions).

b.

Principal Use Characteristics and Accessory Uses

The "characteristics" subsection describes common characteristics of each use category. Principal uses are assigned to the use category that most closely describes the nature of the principal use. Also listed are examples of common accessory uses that, unless otherwise stated in this Ordinance, are allowed in conjunction with a principal use.

c.

Examples

The "Examples" subsection of each use category lists common examples of use types included in the respective use category. The names of these sample uses are generic. They are based on common meanings and not on what a specific use may call itself. For example, a use that calls itself "wholesale sales," but sells mostly to consumers, is included in the Retail Sales and Service Use Category rather than the Wholesale Sales Use Category. This is because the activity on the site matches the characteristics of the Retail Sales and Service Use Category.

d.

Exceptions

The "Exceptions" subsection provides cross-references to uses that may appear to be part of a particular category, but which are included within a different Use Category.

e.

Related but Different Uses and Distinctions

A "Related but Different Uses" subsection appears under a few uses in general categories where there are many similar uses subject to relatively fine distinctions. Language in these subsections expand on the other material contained in the use descriptions and may be used in determining in which narrow category a specific use falls. No significance should be attached to the fact that this subsection does not appear under many of the use classifications.

(3)

Developments with Multiple Principal Uses

When all principal uses of a development fall within one use category, the entire development is assigned to that use category. A development that contains a coffee shop, bookstore, and bakery, for example, would be classified in the Retail Sales and Service Use Category because all of the development's principal uses are in that use category. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable use category and each use is subject to applicable regulations for that use category. Developments with multiple principal uses, such as shopping centers, shall incorporate only those use types allowed in the applicable zoning district.

(4)

Interpretation of Unlisted Uses

a.

Procedure for Interpreting Unlisted Uses as Permitted

The Director of Community Development may interpret a particular use not expressly listed in the use table as allowed in a particular zoning district, in accordance with the procedure in 23-2-4(R), Interpretation, and based on the standards in 23-4-2(A)(4)b., Standards for Interpreting Unlisted Uses as Permitted.

b.

Standards for Interpreting Unlisted Uses as Permitted

The Director of Community Development shall interpret an unlisted use as permitted in a particular zoning district only after determining that the nature, function, and duration of the use and the impact of allowing it in the zoning district are so similar to those of a use type or use category allowable in the zoning district that the unlisted use should be deemed allowable in the same manner as the similar use type or use category. In making such determination, the Director of Community Development shall consider the relevant characteristics of the unlisted use, the purpose and intent statements in this Ordinance concerning the zoning district, 23-3: Zoning Districts, and the character of use types allowable in the district. The relevant characteristics of the unlisted use that should be considered in making this determination include but are not limited to the following:

1.

Actual or projected characteristics of each activity likely to occur at the unlisted use;

2.

The type, size, orientation, and nature of buildings, and structures devoted to each activity;

3.

The number and density of employees and customers per unit area of site in relation to business hours and employment shifts;

4.

Vehicles used and their parking requirements, including the ratio of the number of spaces required per unit area or activity;

5.

Transportation requirements, including the modal split for people and freight, by volume type, and characteristics of traffic generation to and from the site;

6.

Relative amounts of sales from each activity;

7.

The nature and location of storage and outdoor display of merchandise, whether enclosed, open, inside or outside the principal building, and the predominant types of items stored;

8.

Customer type for each activity;

9.

How each use is advertised, including signage;

10.

The amount and nature of any nuisances generated on the premises, including but not limited to noise, smoke, odor, glare, vibration, radiation, and fumes;

11.

Any special public utility requirements for serving the proposed use type, including but not limited to water supply, wastewater output, pre-treatment of wastes and emissions required or recommended, and any significant power structures and communications towers or facilities; and

12.

The impact on adjacent lands created by the proposed use type, which should not be greater than that of other use types allowed in the zoning district.

c.

Effect of Approval of Unlisted Use

1.

After interpreting an unlisted use as permitted in a particular zoning district, the Director of Community Development shall determine whether the unlisted use is likely to be common or to recur frequently, and whether its omission from the use table is likely to lead to public uncertainty and confusion. On determining that the unlisted use is likely to be common or would lead to confusion if unlisted, the Director of Community Development shall initiate an application for a Text Amendment to this Ordinance in accordance with 23-2-4(A), Text Amendment, to list the use in the use table. Until final action is taken on the Text Amendment application, the Director of Community Development's interpretation shall be binding.

2.

If after interpreting an unlisted use as permitted in a particular zoning district, the Director of Community Development determines that the unlisted use is of an unusual or transitory nature, and unlikely to recur frequently, the interpretation shall be binding in accordance with 23-2-4(R)(6), Effect of Interpretation, without further action or amendment of this Ordinance.

3.

Appeals of the Director of Community Development's decision shall be submitted in accordance with the standards in 23-2-4(S), Appeal.

(1)

Agriculture

a.

Characteristics

The Agriculture Use Category is characterized by activities related to the production of field crops, fruits, vegetables, ornamental and flowering plants, and the breeding, raising, or keeping of livestock, poultry, swine, and other animals for food or other marketable products. The Agriculture Use Category also includes silvicultural activities related to the planting, management, protection, and harvesting of trees for timber or other forest products, as well as the breeding, raising, keeping, boarding, and training of horses. Accessory uses may include offices, storage areas, barns, stables, irrigation systems, and repair facilities related to agricultural and silvicultural activities.

b.

Examples

Examples include farming (arable, dairy, cattle, hog, poultry, sheep), fish farms, fish hatchery operations, orchards, the raising of grapes, breeding or raising of fowl or other animals, silvicultural activities (the raising and management of timber), and wholesale plant nurseries.

c.

Exceptions

Processing of animal or plant products for wholesale or retail sales purposes is considered Industrial Production and Manufacturing use types.

(2)

Agricultural Support Services

a.

Characteristics

The Agricultural Support and Services Use Category includes use types that provide support and services to agricultural, animal husbandry, and silviculture related activities, whether located on or off the site where the agricultural, animal husbandry, silviculture, or plan nursery related activities take place.

b.

Examples

Example use types include agricultural processing for on-site uses, agri-education, agri-entertainment, farm co-op operations, feedlots, agricultural research facilities, animal care businesses, livestock auction arenas, stables, equestrian facilities, and fairgrounds.

(1)

Household Living

a.

Characteristics

The Household Living Use Category includes use types that provide for the residential occupancy of a dwelling unit by a single family. Tenancy is arranged on a month-to-month or longer basis. Accessory uses commonly associated with household living are recreational activities, raising of domestic pets, hobbies, swimming pools, and parking of the occupants' vehicles. Home occupations and guest cottages are accessory uses that are subject to additional regulations. (See 23-4-4, Accessory Use Standards.)

b.

Examples

Example use types include detached residential dwellings (single-family dwellings, manufactured homes (class A and B), mobile homes, manufactured home parks, and other structures with self-contained dwelling units, such as Mississippi cottages) and attached residential dwellings (multifamily dwellings, two-family dwellings, three- to four-family dwellings, upper story dwellings, and live/work dwellings). A single-family dwelling unit home to not more than five senior citizens, persons with disabilities, or children, living in a family setting, is permitted as a form of household living.

c.

Exceptions

1.

Lodging where tenancy may be arranged for periods of less than 30 days is considered to be a Visitor Accommodation use.

2.

Group homes are considered to be a Group Living use classification.

3.

Congregate care facilities where individual family-occupancy units do not include full cooking and eating facilities are considered to be an Institutional and Healthcare Facilities use type.

4.

Nursing homes or residential assisted living facilities not having individual dwelling units are considered to be an Institutional and Healthcare Facilities use type.

(2)

Group Living

a.

Characteristics

The Group Living Use Category includes use types that provide for the residential occupancy of a structure by a group of people who do not meet the definition of "household." The size of the group may be larger than the average size of a household. Tenancy is arranged on a monthly or longer basis. Generally, group living structures have a common eating area for residents. The residents may receive care, training, or treatment. Common accessory uses include recreational facilities, associated offices, food preparation and dining facilities, parking of vehicles for occupants and staff, offices of medical facilities and assistance.

b.

Examples

Example use types include dormitories, fraternity or sorority houses, group homes, rooming or boarding houses, monasteries and convents, and assisted living facilities.

c.

Exceptions

1.

Lodging where tenancy may be arranged for periods of less than 30 days are considered to be Visitor Accommodations.

2.

Lodging where residents meet the definition of family or household.

3.

A single-family dwelling unit home to not more than five senior citizens, persons with disabilities, or children, living in a family setting, is considered a form of household living.

(1)

Community Services

a.

Characteristics

The Community Services Use Category includes use types of a public, nonprofit, or charitable nature that provide a local service, or assembly facilities for people in the community. Generally, such uses provide ongoing continued service on-site or have employees at the site on a regular basis. Community centers or facilities that have membership provisions that are open to the general public (for instance, any senior citizen could join a senior center) are included in the Community Services Use Category. The use type may provide special counseling, education, or training of a public, nonprofit, or charitable nature. Also included are use types involving religious activities. Accessory uses may include offices, meeting, food preparation, parking, storage, health and therapy areas, and indoor and outdoor athletic facilities. These uses do not include a residential component.

b.

Examples

Example use types include community centers, cultural facilities, art galleries, libraries, museums, senior centers, and youth center facilities. They also include places of worship, which may have day care uses, schools, and cemeteries as accessory uses.

c.

Exceptions

1.

Private or commercial health clubs is considered Recreational/Entertainment, indoor uses.

2.

Counseling in an office setting are considered to be Offices.

(2)

Day Care

a.

Characteristics

The Day Care Use Category is characterized by use types that provide care, protection, and supervision for children or adults on a regular basis away from their primary residence, and typically for less than 24 hours per day. Care can be provided during daytime or nighttime hours. Accessory uses include offices, food preparation and dining areas, recreation areas, and parking.

b.

Examples

Example use types include adult day care centers, child day care centers, and family child care homes.

c.

Exceptions

The Day Care Use Category does not include drop-in or short-term day care provided in connection with employment or shopping center, recreational facility, religious institution, hotel, or other principal use, where children are temporarily cared for while parents or guardians are employed part-time or temporarily occupied on the premises or in the immediate vicinity.

(3)

Educational Facilities

a.

Characteristics

The Educational Facilities Use Category includes use types such as public and private schools at the elementary, middle, or high school level that provide state-mandated basic education or a comparable equivalent. This use category also includes colleges, universities, and other institutions of higher learning such as vocational or trade schools that offer courses of general or specialized study leading to a degree or certification. Accessory uses at schools include offices, play areas, cafeterias, recreational and sport facilities, auditoriums, and before- or after-school day care. Accessory uses at colleges or universities include offices, dormitories, food service, laboratories, health and sports facilities, theaters, meeting areas, athletic fields, parking, maintenance facilities, and supporting commercial uses (e.g., eating establishments, bookstores).

b.

Examples

Example use types include public and private kindergarten schools, elementary schools, middle or junior high schools, and senior high schools that provide state-mandated basic education, as well as colleges or universities, and vocational or trade schools.

(4)

Government Facilities

a.

Characteristics

The Government Facilities Use Category includes use types that provide for the general operations and functions of local, state, or federal governments. Accessory uses include maintenance, storage (indoor and outdoor), fueling facilities, satellite offices, holding cells, and parking areas.

b.

Examples

Example use types include post offices, government offices, public safety uses (fire, police, and EMS facility) detention facilities, and government maintenance, storage, and distribution facilities.

c.

Exceptions

1.

Passenger terminals for airports and surface transportation are classified under Transportation and Utilities uses.

2.

City, county, and state parks are classified as Parks and Public Spaces uses.

3.

Water, wastewater, gas, electric, and other infrastructure services, whether public or private, are classified as Utilities Transportation and Utilities uses.

(5)

Institutional and Health Care Facilities

a.

Characteristics

The Institution and Health Care Facilities Use Category includes use types that provide a variety of facilities, including buildings that provide housing and care for the elderly or disabled, housing related to treatment programs, medical and surgical care/treatment facilities and laboratory services, and may provide overnight care as well as outpatient care. Accessory uses include kitchens/cafeterias, recreation areas, offices, meeting rooms, teaching facilities, parking, hospices, maintenance facilities, staff residences, and limited accommodations for family members.

b.

Examples

Example use types include hospitals, medical and dental clinics, outpatient facilities, medical and dental labs, drug and alcohol treatment facilities, blood/tissue collection facilities, public health centers, and nursing homes.

c.

Exceptions

Adult care homes where individual units meet the definition of a dwelling unit or group home.

(6)

Parks and Public Spaces

a.

Characteristics

The Parks and Public Spaces Use Category includes use types that focus on open space areas largely devoted to natural landscaping and outdoor recreation and that tend to have few structures. Cemeteries and mausoleums are included within this category. Accessory uses may include caretaker's quarters, club houses, statuary, fountains, maintenance facilities, concessions, and parking.

b.

Examples

Parks, beach access and sand beach areas, open space, public plazas, community gardens, recreational trails, botanical gardens and nature preserves, and cemeteries.

c.

Exceptions

1.

Commercial swimming pools, driving ranges, public and private golf courses, shooting ranges, commercial tennis or swim clubs, health clubs or spas are considered Recreational/Entertainment, Outdoor uses.

2.

Clubs and Lodges are considered a Community Services use.

(7)

Transportation

a.

Characteristics

The Transportation Use Category includes use types that provide for the landing and takeoff of airplanes and helicopters, including loading and unloading areas. This use category also includes passenger terminals for surface transportation. Accessory uses include freight handling areas, concessions without alcohol, offices, parking, maintenance, control and monitoring data equipment, limited storage, and fueling facilities.

b.

Examples

Example use types include airports, helicopter landing facilities, heliotropes and seaplane bases, and passenger terminals for ground transportation (train, bus).

c.

Exceptions

Transit route facilities such as bus stops, bus shelters, and park-and-ride facilities are classified in the Utilities use category. Facilities for embarking or disembarking of passengers on or from boats, ferries, and water taxis are classified in the Water-Oriented Use Category.

(8)

Utilities

a.

Characteristics

The Utilities Use Category includes both major utilities, which are infrastructure services that provide regional or community-wide service, and minor utilities, which are infrastructure services that need to be located in or near the neighborhood or use type where the service is provided. Wireless telecommunications towers also are a type of utility. Services may be publicly or privately provided and may include on-site personnel. Accessory uses may include parking and control, offices, monitoring, storage areas, or data transmission equipment.

b.

Examples

1.

Major Utilities

Examples of major utilities include water towers, wastewater treatment plants, potable water treatment plants, waste transfer centers, public recycling centers with personnel, and electrical substations.

2.

Minor Utilities

Examples of minor utilities include water and sewage pump stations, stormwater retention and detention facilities, telephone exchanges, ground-based electrical/telephone/cable vaults, un-staffed recycling collection facilities, and transit route facilities such as bus stops, bus shelters, and park-and-ride facilities.

3.

Wireless Communication Towers

Examples of wireless telecommunications towers (freestanding, collocated, and roof-mounted) include facilities for transmitting wireless phones and pager services, and television and radio broadcasting equipment.

c.

Exceptions

Non-public utility offices are included in the Offices use category.

(1)

Billboards

a.

Characteristics

The Billboards Use Category includes billboards and other large and visually prominent outdoor sign structures that advertise goods and services off-premise or include ideological, religious, or political non-commercial messages.

b.

Examples

Example use types include billboards.

(2)

Conference and Convention Centers

a.

Characteristics

The Conference and Convention Center Use Category is characterized by facilities used for business or professional conferences, seminars, events (such as entertainment, cultural, and sporting activities, etc.) and training programs.

b.

Examples

Example use types include conference centers, auditoriums, meeting facilities, corporate retreat facilities, and convention centers.

(3)

Eating and Drinking Establishments

a.

Characteristics

The Eating and Drinking Establishments Use Category includes use types that prepare and sell food and beverages for immediate or direct on- or off-premise consumption. Accessory uses may include decks and patios for outdoor seating, drive-through facilities, facilities for live entertainment or dancing, customer and employee parking areas, and valet parking facilities.

b.

Examples

Examples include bars or lounges, brewpubs, nightclubs, restaurants with indoor or outdoor seating, restaurants with drive-through service, and specialty eating establishments.

(4)

Offices

a.

Characteristics

The Office Use Category includes use types that provide for activities that are conducted in an office setting and generally focus on business, professional, or financial services. Accessory uses may include cafeterias, day care facilities, recreational or fitness facilities, parking, supporting commercial, or other amenities primarily for the use of employees in the business or building.

b.

Examples

Example use types include business services, professional services (such as lawyers, accountants, engineers, or architects), financial services (such as lenders, banks, brokerage houses, tax preparers), sales offices (including real estate agents), contractor's offices, radio and television stations, and massage therapy offices.

c.

Exceptions

1.

Offices that are part of and located with a principal use in another use category are considered accessory to the establishment's primary activity. Headquarter offices that are located in conjunction with or adjacent to a principal use in another use category are considered part of the other use category.

2.

Contractors and others who perform services off-site are included in the Offices Use Category if equipment and materials are not stored outside and no fabrication, services, or similar work is carried on at the site; otherwise they are included in the Warehouse and Storage Use Category or the Industrial Production and Manufacturing Use Category.

3.

Government offices are classified as Government Facilities.

4.

Medical and dental clinics, medical or dental labs, and blood collection facilities are classified as Institutional and Health Care Facilities.

5.

Financial institutions offering drive-through or walk-up service to patrons (branch banks or credit unions) are classified as Retail Sales and Services.

(5)

Commercial Parking

a.

Characteristics

The Commercial Parking Use Category includes use types that provide freestanding parking lots and structures that are not accessory to a specific principal use. A fee may or may not be charged. A parking facility that provides both accessory parking for a specific principal use and regular fee parking for people not connected to the principal use is also classified as Commercial Parking. Accessory uses may include small shelters for parking attendants.

b.

Examples

Example use types include surface parking lots and parking structures (parking decks or garages).

c.

Exceptions

1.

Parking facilities that are accessory to a principal use, but charge the public to park for occasional events nearby, are not considered Commercial Parking.

2.

Parking facilities that are accessory to a principal use, even if the principal use leases the facility or those parking in the facility are charged a fee, are not considered Commercial Parking.

3.

Park-and-ride facilities are classified as Utilities.

(6)

Recreational Entertainment, Indoor

a.

Characteristics

The Indoor Recreation/Entertainment Use Category includes use types that are privately owned and provide recreation or entertainment activities in an enclosed structure or structures. Accessory uses may include offices, concessions, snack bars, parking, and maintenance facilities.

b.

Examples

Example use types include auditoriums, theaters, cinemas, gaming establishments, and other recreational entertainment-indoor, uses (including fitness centers, bowling alleys, pool halls, game rooms or arcades, dancehalls, skating rinks, indoor swimming pools, and indoor tennis club facilities).

c.

Exceptions

1.

Banquet halls that are part of hotels (classified as Visitor Accommodation) or restaurants (classified as Eating and Drinking Establishments) are accessory to those uses.

2.

Private clubs or lodges are classified as Community Services.

3.

Recreational facilities that are reserved for use by residents of particular residential developments and their guests are accessory to those residential use types.

(7)

Recreation/Entertainment, Outdoor

a.

Characteristics

The Outdoor Recreation/Entertainment Use Category includes use types that are large, generally commercial, and provide continuous recreation or entertainment-oriented activities that primarily take place outdoors. They may take place in a number of structures that are arranged together in an outdoor setting. Accessory uses may include concessions, parking, and maintenance facilities.

b.

Examples

Example use types include privately-owned arenas, amphitheaters, or stadiums, athletic fields and clubhouses, equestrian facilities, golf courses (public or private), shooting ranges, and outdoor swimming pools (public or non-profit), and other recreation entertainment-outdoor uses (including privately-owned miniature golf facilities; go-cart racing, race-track, or dirt-track facilities; drive-in movie theaters; privately-owned outdoor commercial tourist attractions, water parks, and amusement parks; campgrounds; and privately-owned active sports facilities such as ball fields, courts, and archery ranges).

(8)

Retail Sales and Services

a.

Characteristics

The Retail Sales and Services Use Category includes use types involved in the sale, lease, or rent of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods. Accessory uses may include offices, storage of goods, manufacture or repackaging of goods for on-site sale, concessions, ATM machines, outdoor display/sales areas, and parking.

b.

Exceptions

1.

Laundry and dry-cleaning plants are considered Industrial Uses.

2.

Building trade contractors with on-site storage that sell primarily to contractors and do not have a retail orientation are classified as Industrial Uses.

3.

Repair and service of automobiles, watercraft, motorcycles, scooters, and light, medium, and heavy trucks is classified as Vehicle Sales and Service.

4.

Bakeries, dinner theaters, or entertainment establishments primarily engaged in the sale of food for on-site consumption are considered Eating and Drinking Establishments.

5.

Cinemas, theaters, concert halls, and stages are considered Recreation/Entertainment-Indoor.

6.

Uses providing financial, professional, or business services by appointment or with only limited contact with the general public are classified as Offices.

7.

Uses that involve the sales, distribution, or presentation of materials or activities emphasizing sexually explicit content are classified as Adult Entertainment.

(9)

Vehicle Sales and Services

a.

Characteristics

The Vehicle Sales and Services Use includes use types involving the direct sales and servicing of automobiles, light, medium, and heavy trucks, boats, motorcycles, and other consumer motor vehicles intended to transport persons or goods over land or water or through the air, whether for recreation, commerce, or personal transport. Accessory uses include offices, sales of parts, maintenance facilities, parking, outdoor display, and vehicle storage.

b.

Examples

Example use types include auto painting and body shops, auto repair and servicing with and without painting/bodywork services, auto sales/rental or new or used vehicles, auto wrecker services, car wash and auto detailing stores, heavy equipment sales, rental, storage, and repair, non-automobile motor vehicle (i.e., watercraft, motorcycles, scooters, etc.) sales, taxicab services, tire sales and mounting, tire disposal and recycling, and truck stops.

c.

Exceptions

1.

Refueling facilities for vehicles belonging to a specific principal use (fleet vehicles) are considered accessory uses if located on the site of the principal use.

2.

Storage of inoperable vehicles or parts is considered a Warehouse and Storage use.

(10)

Visitor Accommodations

a.

Characteristics

The Visitor Accommodations Use Category includes use types that provide lodging units or rooms for short-term stays of less than 30 days for rent, lease, or interval occupancy. Accessory uses may include pools and other recreational facilities, limited storage, laundry facilities, gift shops, without a separate entrance, meeting facilities, offices, and parking. Restaurants and bars can also be permitted as an accessory use where expressly permitted per 23-4-4, Accessory Use Standards.

b.

Examples

Example Use Types include hotels, motels, condotels, bed and breakfasts, recreational vehicle parks, timeshares, and short-term rentals. *amended by Ordinance 2173, 10/19/2010

c.

Exceptions

1.

Rooming/boarding houses are classified as Group Living.

2.

Restaurants, bars, nightclubs or other eating, drinking or entertainment establishments are permitted as accessory uses to Visitor Accommodations only in districts where such use is expressly permitted as a principal use and subject to any conditions affecting such use in such district. Unless 23-4-4, Accessory Use Standards expressly permits these accessory uses, these uses are prohibited. An example is the prohibition of bars and other drinking establishments in Bed and Breakfasts.

(11)

Regulated Businesses

a.

Characteristics

Many uses are allowed only as Regulated Businesses subject to specific conditions or standards. These uses shall be allowed only in accordance with applicable standards and requirements set out in this article and with the separation requirements identified in Table 23-4-E, Required Minimum Spacing between Regulated Business Uses and Protected Uses. Chapter 12 of this Code regulates the licensing and monitoring of Regulated Businesses.

b.

Examples

Example Use Types include sexually-oriented cabarets, media stores, cinemas, video arcades, or sex shops, check cashing services, title loan services, day labor employment services, escort bureaus or services, lingerie modeling studios, and pawn or buy-sell shops.

(1)

Industrial Production and Manufacturing

a.

Characteristics

The Industrial Production and Manufacturing use category includes use types involved in the manufacturing, processing, fabrication, packaging, or assembly of goods. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms for consumers. The use category also includes custom industries (establishments primarily engaged in the on-site production of goods by use of hand tools and small-scale equipment). Goods are generally not displayed or sold on-site, but if so, such sales are a subordinate part of total sales. Relatively few customers come to the manufacturing site. Accessory uses may include retail or wholesale sales, offices, cafeterias, parking, employee recreational facilities, warehouses, storage yards, repair facilities, truck fleets, fueling facilities, security and caretaker's quarters.

1.

Heavy Industry

Heavy industry firms are involved in activities that may be considered noxious in terms of their impacts on surrounding uses due to noise, glare, dust, odor, or hazardous materials, their high incidence of rail or truck traffic, or outdoor storage of products, materials, or equipment.

2.

Light Industry

Light industry firms are engaged in the repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products mainly by providing centralized services for separate retail outlets. They also include uses focusing on prototype development, as well as contractors and building maintenance services and similar uses that perform services off-site.

3.

Retail Manufacturing

Retail manufacturing firms are engaged in the manufacturing of goods to be sold primarily on-site and to the general public.

b.

Examples

Examples of industrial production and manufacturing uses generally include heavy industry, light industry, retail manufacturing, extraction of mineral resources, retail manufacturing, and processing and storage of hazardous materials.

1.

Heavy Industry

Heavy industrial uses include concrete batching and asphalt mixing; fuel oil distributors; production or fabrication of metals or metal products including enameling and galvanizing; processing of food and related products (including seafood processing); large-scale catering establishments; sawmills; woodworking, including cabinet makers and furniture manufacturing; production of chemical, rubber, leather, clay, bone, plastic, stone, or glass materials or products; clothing or textile manufacturing; movie production facilities; manufacture or assembly of equipment, instruments (including musical instruments), appliances, precision items, and other electrical items; production of artwork and toys; and sign making.

2.

Light Industry

Light industrial uses include welding shops; machine shops; tool repair; electric motor repair; repair of scientific or professional instruments; building, heating, plumbing, or electrical contractors; printing, publishing, and lithography; exterminators; janitorial and building maintenance services; research, testing, and development laboratories; laundry, dry-cleaning, and carpet cleaning plants; and photo-finishing laboratories.

3.

Retail Manufacturing

Retail manufacturing use include baking, catering, confectioner, dressmaking, dyeing, printing, tailoring, upholstering, and similar establishments and businesses of a similar and no more objectionable character.

c.

Exceptions

1.

Manufacture and production of goods from composting organic material falls under Utility Minor.

2.

The premises of a contractor who performs services off-site, does not store and use major equipment and materials on-site, and does not fabricate or do similar work on-site is considered a Contractor's Office.

(2)

Warehouse and Storage

a.

Characteristics

Firms involved in the storage or movement of goods for themselves or other firms for delivery to other firms or to the final consumer. Also included in this category are facilities providing separate storage areas for personal or business use designed to allow private access by tenants for storing or removing personal property. Accessory uses include offices, daycare, truck fleet parking and maintenance areas, parking, and a security or caretaker's dwelling.

b.

Examples

Examples of warehouse and storage uses include mini-warehouses and self-storage facilities, separate warehouses used by retail stores such as furniture and appliance stores, household moving and general freight storage, outdoor storage as a principal use, cold storage plants (including frozen food lockers), postal and parcel delivery services, and the stockpiling of sand, gravel, or other non-hazardous aggregate materials.

c.

Exemptions

1.

Uses that involve the transfer or storage of solid or liquid wastes are considered to be a minor utility.

2.

The premises of a contractor who performs services off-site, does not store and use major equipment and materials on-site, and does not fabricate or do similar work on-site is considered a Contractor's Office.

(3)

Wholesale Trade

a.

Characteristics

Firms involved in the sale, lease, or rent of products primarily intended for industrial, institutional, or commercial businesses. The uses emphasize on-site sales or order-taking and often include display areas. Businesses may or may not be open to the general public, but sales to the general public are limited. Products may be picked up on-site or delivered to the customer. Accessory uses include offices; product repair; warehouses; cafeterias; daycare; off-street parking; minor fabrication services; repackaging of goods; growing of nursery stock, outside or inside greenhouses, as an accessory use to a wholesale nursery; and a residential unit for security purposes.

b.

Examples

Sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment, and store fixtures; mail-order houses; wholesale plant nurseries; and wholesalers of food, clothing, auto parts, and building hardware.

c.

Exemptions

1.

Firms that engage primarily in sales to the general public or on a membership basis are a Retail Sales and Services use.

2.

Firms that are primarily storing goods with little on-site business activity are considered a Warehouse and Storage use.

3.

Retail plant nurseries are included in the Retail Sales and Service use category.

(1)

Water-Oriented Facilities

a.

Characteristics

Facilities for embarking on and disembarking from boats, ferries, and water taxis and for the construction, sales, and repair of boats, ships, and yachts. Also includes the processing and manufacture of seafood. Accessory uses include docks; piers; walkways; marina store; parking areas; boathouses and storage areas; boat servicing facilities; offices; and ticket sales.

b.

Examples

Examples include marinas; commercial fish camps; boat yard; docking facilities; dry storage facilities; ship terminals; boat ramps; yacht clubs; private or public fishing piers; facilities for tour boats; boat repairs and sales; and seafood processing plants.

c.

Exemptions

1.

Gaming Establishments are included in the recreational/entertainment, indoor use category.

2.

Watercraft sales and rentals are included in the vehicle sales and service use category.

(Ord. No. 2173, § 1, 10-19-2010)

(1)

All Agricultural Uses

All agriculture uses and agricultural support services adjacent to residential development or residentially zoned lots shall comply with the following standards:

a.

Setbacks for structures or storage yards shall be 75 feet from the adjacent residential lot line.

b.

A buffer at least 15 feet wide and meeting the minimum screening requirements for a Type A perimeter buffer in accordance with Section 23-6-3(E) shall be provided abutting the residential development or residentially zoned lot.

c.

Vehicular access shall not be located within a required buffer, except where necessary to access the site.

d.

The use and application of herbicides, pesticides, and potentially hazardous chemicals and substances such as paints and solvents within any required buffer is prohibited.

e.

Gravel or other dust-minimizing surfacing material shall be applied to all parking areas within 300 feet of a residential development or residentially zoned area.

(2)

Agriculture

a.

Animal Husbandry

Animal husbandry uses shall comply with the following standards:

1.

Animal husbandry operations shall comply with Section 23-4-1-4, Keeping of Livestock.

2.

No building or structure used for the processing of animals for on-site use shall be located within 300 feet of any lot line.

3.

Allow one horse for each one acre of land. [Limited in RE Residential Estate and RER Residential Estate Restricted zones to a total of two horses upon any single 3+ acre-sized lot].

b.

Plant Nursery

1.

No greenhouse heating plant shall be operated within 20 feet of any lot line.

2.

Any outdoor storage of equipment or vehicles associated with a nursery use shall be completely screened from off-site view by buildings and/or fencing with landscaping on the outside of the fencing.

c.

Silviculture (Forestry)

Silviculture (forestry and commercial timbering) shall comply with the following standards:

1.

The minimum lot or site area for silviculture activities shall be five acres.

2.

Include a tree site plan in accordance with 23-2-3(I), Tree Permit.

(3)

Agricultural Support Services

a.

Equestrian Facility

Equestrian facilities shall comply with the following standards.

1.

Be located on a lot of at least three acres in size.

2.

Allow one horse for each one acre of land. [Limited in RE and RER zones to a total of two horses upon a single 3+ acre acre sized lot.]

3.

Private, full-time, on-site supervision of clients and stock is required.

4.

Conduct riding lessons on premises of the equestrian facility only. [Permitted only where allowed by ordinance as a Commercial Use.]

(Ord. No. 2459, 9-21-2021)

(1)

Household Living

a.

Dwelling, Live/Work

Live/work dwellings shall comply with the following standards:

1.

The residential portion of the building shall occupy over 50 percent of the gross or first floor area;

2.

The nonresidential portion of the building shall be located on the ground floor;

3.

The nonresidential portion of the building shall comply with all applicable nonresidential building code requirements;

4.

Employees shall be limited to occupants of the residential portion of the building plus up to two persons not residing in the residential portion;

5.

Drive-through facilities are prohibited;

6.

The use shall comply with the parking, landscaping, and open space standards for mixed uses in Article 23-6: Development Standards; and

7.

Any nonresidential off-street parking shall be located as far as practicable from existing adjacent single-family dwellings. No more than three commercial vehicles associated with the nonresidential use of the dwelling shall be parked on the site or on the street in the vicinity of the site at any one time during business hours and no more than one commercial vehicle associated with the nonresidential use shall be parked overnight on the site or on the street in the vicinity of the site.

8.

Signage for the nonresidential use of the building shall be limited to a single, non-illuminated sign identifying the business and not exceeding two square feet in area.

b.

Dwelling, Single-Family Attached or Townhouse

Single-family attached or townhouse dwellings shall comply with the following standards:

1.

Not more than eight dwelling units shall be included in any one single-family attached or townhouse dwelling structure.

2.

For every four abutting units, single-family attached or townhouse dwelling façades and front yards shall be varied according to the following standards:

A.

The depth of front yards will change by a minimum of three feet.

B.

A variation of building materials, architectural treatment of façades, and rooflines will be applied.

3.

Maintenance of common areas not individually owned by occupants shall be by a homeowners' association or similar entity.

c.

Dwelling, Single-Family Detached - Mississippi Cottages

Mississippi cottage single-family detached dwellings shall comply with the following standards:

1.

The cottage may only be utilized as owner-occupied housing units, and not authorized for use as rental properties, except that within a permitted manufactured or mobile home park, a Mississippi cottage may be utilized as a tenant-occupied housing unit upon an approved manufactured/mobile home site of record.

2.

The cottage shall meet modular and International Residential Code standards.

d.

Dwelling, Single-Family Detached - Zero Lot Line

Single-family detached dwellings in a zero lot line development shall comply with the following standards:

1.

The site area is not less than one acre.

2.

The minimum lot width and lot depth standards contained in 23-5: Intensity and Dimensional Standards, shall not apply.

3.

A minimum ten-foot setback shall be provided between all dwelling units.

4.

A five-foot maintenance easement shall be provided on and along the lot adjacent to any dwelling unit constructed on a side property line.

5.

A zero-lot line unit shall be located along the designated zero-lot line, unless the dwelling unit includes an overhang which extends beyond the wall line. In that case, the dwelling unit must be set back an appropriate distance to accommodate the overhang and drainage from the roof.

6.

No dwelling unit shall extend beyond the property line.

(See Figure 23-4-3(B)(1)d, Zero Lot Line Example.)

Figure 23-4-3(B)(1)d, Zero Lot Line Example

e.

Dwelling, Two- to Four-Family

Two-family dwellings and three- to four-family dwellings shall comply with the following standards:

1.

Section 23-6-9, Multifamily Residential Design Standards.

2.

Except for circular driveways, no more than one driveway shall be located on the same block face.

3.

Ground based, roof-based, and wall-mounted electrical equipment, HVAC equipment and other utility connection devices shall be ganged and shall be screened or located outside the view from any adjacent public street.

f.

Dwelling, Upper Story

Residential living above the first floor is allowed in zoning districts in which the city intends to preserve nonresidential activity at street level. Lobbies, security, and uses incidental to the residential living units may be allowed on the street level, but all principal living spaces in multi-story or multi-tenant buildings shall be above the first floor.

g.

Manufactured Home, Class A

All class A manufactured homes shall comply with the following standards:

1.

The home shall not be located on a platted lot or parcel containing another manufactured home or other principal structure except in the RMH District, where a manufactured home shall be permitted on a site in an approved manufactured or mobile home park.

2.

The home shall be skirted and tied down.

3.

The home shall meet wind loading capacity standards of the Building code.

4.

The length of the home shall not exceed four times its width.

5.

The home shall have no less than 1,200 square feet of enclosed floor area.

6.

The home shall be oriented with its longer side parallel to the adjacent street, to the maximum extent practicable.

7.

All wheels, axles, transporting lights, tongue, and moving hitch shall be removed before occupancy of the home.

8.

The pitch of the roof of the home shall be not less than 2.2 feet of rise for each 12 feet of horizontal run.

9.

The roof of the home shall be finished with a type of roofing material commonly used in site-built residential construction.

10.

The exterior siding of the home shall consist predominately of wood, hardboard, vinyl, or aluminum horizontal lap siding not exceeding the reflectivity of gloss white paint, and shall be comparable in composition, appearance, and durability to the exterior siding commonly used in site-built residential construction.

11.

The home shall be located on a poured foundation or on a continuously-dug and poured concrete footing around the perimeter of the home. The home shall include a continuous and permanent brick, stone, or masonry foundation or curtain wall from the frame to the ground, unpierced except for required ventilation and access.

12.

All porches, decks, ramps, or entry steps shall be wood or masonry with guardrails, handrails, and pickets required by state regulations for manufactured homes.

13.

All manufactured homes shall bear a valid seal indicating conformance with the 1976 National Manufactured Housing Construction and Safety Standards Act.

h.

Manufactured Home, Class B

All class B manufactured homes shall comply with the following standards:

1.

The home shall not be located on a platted lot or parcel containing another manufactured home or other principal structure except in the RMH District, where a manufactured home shall be permitted on a site in an approved manufactured or mobile home park.

2.

The home shall be skirted and tied down.

3.

The home shall meet wind loading capacity standards of the Building Code.

i.

Manufactured Home Park

All manufactured home parks shall comply with the following standards:

1.

Dimensional and Density Requirements

A.

Minimum park area: Ten acres.

B.

Minimum park width: 100 feet at entrance and exits and 200 feet at the portion used for manufactured home spaces.

C.

Minimum manufactured home space width: 40 feet.

D.

Minimum manufactured home space area: 3,600 square feet for each space.

E.

Maximum density: Ten manufactured home units for each gross acre of park.

F.

Maximum impervious surface coverage: 40 percent.

G.

Minimum setback area requirements:

1.

No manufactured home, carport, or other structure shall be placed or erected closer than 15 feet to the pavement line at any internal roadway/driveway.

2.

No manufactured home shall be placed or erected closer than five feet to any side or rear manufactured home space plot line; provided, however, roof projections, overhangs, rain gutters and air conditioners may project up to 18 inches into any required setback area.

H.

Maximum height of all structures is 25 feet.

2.

Roadways

A.

The minimum right-of-way for internal roadways/driveways shall be 36 feet.

B.

The minimum pavement width for internal roadways/driveways shall be 20 feet.

C.

The minimum pavement width for each divided roadway shall be 16 feet, and the minimum median width shall be eight feet.

D.

All roadways/driveways shall be paved with a minimum of four inches of lime rock base and compacted to 100 percent of maximum density, and one inch of asphalt topping—DOT Type I, 1,800 lbs. H.F.

E.

All streets in a manufactured home park shall be private.

3.

Drainage

Each manufactured home park shall be located on a well-drained site and shall comply with the city's Administrative Manual and other applicable engineering standards for drainage.

4.

Parking and Carports

A.

Each manufactured home site shall contain a concrete slab not less than ten by 20 feet in dimension for carport or patio.

B.

Each manufactured home space shall be provided with one paved off-street parking space for each manufactured home space. One additional off-street parking space shall be provided for each 200 square feet of non-storage floor area of office and laundry facilities in close proximity to it.

5.

Foundation and Tie-Down

Each manufactured home shall be placed on a foundation or tied down as required by the Building Code and other applicable regulatory agency requirements.

6.

Utilities and Services

A.

Each manufactured home space shall be connected to a central water and sewer system. No individual water supply or sewage disposal system shall be permitted in any Manufactured Home Park.

B.

All utilities distribution and collection systems, including those for water, sewer, electricity, telephone, gas, and television cable, shall be underground. Electric power shall be serviced by individual meters.

C.

Each manufactured home park shall be provided with an active recreational area having a minimum area of 200 square feet for each manufactured home space. These areas shall be consolidated into usable areas with a minimum dimension of not less than 40 feet. No manufactured home space, required buffer area, street right-of-way, storage area, utility site, or utility easement shall be counted as recreational area in meeting this requirement. Recreational areas and facilities shall be owned and operated by the managers of the manufactured home park.

D.

Each manufactured home park shall be provided with a management office and those service buildings as are necessary to provide facilities for mail distribution; storage space for supplies, maintenance, and materials and equipment; and laundry facilities equipped with washing machines and dryers for park residents. Adequate lighting shall be provided for safe internal circulation in accordance with the same standards for Recreational Vehicle Parks (Section 23-4-3(D)(10)c., Recreational Vehicle Parks).

E.

Managers of a manufactured home park shall be strictly responsible for internal trash and solid waste collection. Central park collection points shall be screened from public view from without or within the park.

7.

Perimeter Walls and Buffers

A.

Each manufactured home park shall be entirely enclosed, exclusive of driveways, at its external boundaries by a fence, evergreen hedge, or other approved landscape feature to the maximum height permitted in this Section.

B.

A buffer at least 25 feet wide and meeting minimum screening requirements for a Type A perimeter buffer in accordance with Section 23-6-3(E) shall be provided and maintained along streets and all property lines, and shall include suitable ground cover. (See Figure 23-4-3(B)(1)i.7.B., Example of Perimeter Buffers.)

Figure 23-4-3(B)(1)i.7.B: Example of Perimeter Buffers

C.

The DRC may require open space be set aside for manufactured home parks with 20 or more lots to be maintained for use by manufactured home park residents.

8.

Street and Space Identification

Manufactured home park spaces shall be numbered or otherwise adequately described and the number or other description shall be posted at the entrance and the proper space so that it can be clearly read from each street on which the space fronts or abuts.

9.

Occupancy Date

No space in a manufactured home park shall be occupied until at least 40 spaces are completed and ready for occupancy.

j.

Mobile Homes

A mobile home shall be permitted only in an approved manufactured home park, existing as a lawful permitted use on the effective date of July 29, 2003.

(2)

Group Living

a.

Dormitory

All dormitories shall be accessory to an educational facility located on the same site or campus, and house only persons who are students at, or employed by, the educational facility.

b.

Rooming or Boarding House

A rooming or boarding house shall comply with the following standards:

1.

No more than ten sleeping rooms shall be allowed;

2.

The owner shall maintain the house as a primary residence;

3.

Sleeping rooms in a rooming house shall:

A.

Not include individual kitchen facilities; and

B.

Be accessed by a common room or hallway, and shall not have individual access to the outside (except for emergency exits required by the Building Code).

(1)

Community Service

a.

Club or Lodge

Accessory restaurants, nightclubs, and bars in clubs or lodges, shall comply with the standards of 23-4-4, Accessory Use Standards.

b.

Soup Kitchen

Any building or structure or portion thereof that contains a fully equipped kitchen in operating condition. This facility must be used to prepare and serve food on a regular basis either without cost or at a low cost insufficient to generate a profit.

1.

It is important to note that soup kitchens are not classified as restaurants. Additionally, patrons are not permitted to loiter in between meals or spend the night on the premises. To ensure compliance, signs must be displayed stating that sleeping on the property or overnight stay is prohibited.

(2)

Day Care

a.

Adult Day Care

Adult Day Care facilities shall comply with all relevant state requirements, including but not limited to the dimensional spacing requirements as measured on a per client basis.

b.

Child Day Care

Child day care facilities, including pre-schools, shall be licensed as a child care facility by the state and comply with all state regulations for child care facilities. Child Day Care facilities shall also comply with the following standards:

1.

Location

If not located in a stand-alone building, a child day care facility shall be located on the first floor of a principal structure, and be segregated (including the restrooms) from the remaining portion of the uses in the building in which it is located.

2.

Separation

Child day care facilities shall comply with the required spacing standards from Regulated Businesses located in Table 23-4.E: Required Minimum Spacing between Regulated Business Uses and Protected Uses.

3.

Outdoor Play Areas

Outdoor play areas shall be provided, and shall:

A.

Be safely segregated from parking, loading, or service areas; and

B.

Not be operated for outdoor play activities after 8:00 p.m.

4.

Buffering

A landscaped hedge or fence shall be provided along any rear or side property line adjoining any residentially zoned property not used for a similar purpose. Any such hedge or fence shall be designed and planted so as to be at least four feet in height. The fence or hedge shall provide a solid barrier between the child day care facility and any adjoining residentially zoned property.

5.

Parking Area, Vehicular Circulation, and Drop-Off and Pick-Up

The parking areas and vehicular circulation for the child day care center shall be designed to:

A.

Ensure the safety of children as they arrive at and leave the facility; and

B.

Provide a minimum of one off-street parking space for each 250 square feet of gross floor area of the facility; and

C.

Provide a designated pickup and delivery area that is located adjacent to the child day care facility in such a way that children do not have to cross vehicular travel ways to enter or exit the center and traffic congestion is minimized.

6.

Accessory Uses

If allowed as an accessory use to a Retail Sales and Service or Office use, the heated floor area of a child day care center shall not exceed 20 percent of the heated floor area of the principal use.

c.

Family Child Care Home

Family Child Care Homes shall comply with the following standards:

1.

Family Child Care Homes shall be registered as a family child care home by the state and comply with all state regulations for family child care homes.

2.

Family Child Care Homes shall comply with the required spacing standards from Regulated Businesses located in Table 23-4.E., Required Minimum Spacing between Regulated Business Uses and Protected Uses.

(3)

Institutional and Health Care Facilities

a.

Hospital

A hospital shall comply with the following standards:

1.

Be located on a site or parcel with an area of at least five acres.

2.

Be located on a parcel that fronts or has direct access to an arterial or collector street.

3.

Be served by a public water and wastewater system.

4.

Locate all principal structures at least 100 feet from any lot line.

b.

Medical or Dental Clinic

A medical or dental clinic located in a residential district shall comply with the following standards:

1.

Be located on a site or parcel with an area of at least 8,000 square feet.

2.

Be located on a parcel that fronts or has direct access to an arterial or collector street.

3.

Have a gross floor area no greater than 5,000 square feet.

4.

Locate all principal structures at least 25 feet from any property line.

c.

Social Service Agency

A facility operated by a nonprofit organization, which provides services such as training, counseling, health, or the distribution of food or clothing. This term includes but is not limited to a facility offering life skills training, substance abuse counseling, housing services, food banks, crisis center, community health centers, welfare agencies, job centers, or a neighborhood recovery center.

1.

Social Service Agencies do not include an emergency residential shelter.

2.

Social Service Agencies do not include soup kitchens.

(4)

Parks and Public Spaces

a.

Cemetery or Mausoleum

Except as otherwise stated, the development and expansion of cemeteries shall comply with the following standards:

1.

New cemeteries shall be located on a site or parcel with an area of at least two and one-half acres. (This standard shall not apply to the expansion of existing cemeteries.)

2.

New cemeteries shall be located on a site or parcel that fronts an arterial or collector street. (This standard shall not apply to the expansion of existing cemeteries.)

3.

Cemeteries shall include adequate space for the parking and maneuvering of funeral processions.

4.

Interments shall take place at least 50 feet from any lot line.

b.

Community Garden

Community gardens shall comply with the following standards:

1.

Overhead lighting in community gardens is prohibited.

2.

Signage is limited to a single, non-illuminated, flat sign of four square feet in area.

3.

No more than two vehicles shall be parked onsite of a community garden, excluding those parked within an enclosed structure.

4.

Retail sales shall not be permitted, except as an approved temporary use in accordance with 23-4-5, Temporary Uses and Structures.

5.

Plantings in community gardens shall not obstruct roadway visibility or impede the flow of traffic.

6.

Perimeter fencing, including trellises, are allowed in community gardens and are subject to the standards governing fence location, maintenance, and height and design within each respective zoning district.

(5)

Transportation

a.

Helicopter Landing Facility

A helicopter landing facility shall comply with the following standards:

1.

The helicopter landing facility shall provide adequate land area for safe take-offs and landings in accordance with standards of the Federal Aviation Administration (FAA).

2.

Where located within 500 feet of a residential zoning district or existing single-family residential use, a helicopter landing facility shall provide an adequate buffer along the property line to ensure the facility does not adversely impact surrounding uses.

(6)

Utilities

a.

Telecommunication Antenna or Tower

1.

Purpose

This is intended to establish general standards for the siting of telecommunications towers and antennas that:

A.

Facilitate the expansion of wireless telecommunication facilities through the use of reasonable and non-discriminatory policies;

B.

Protect the public from any adverse impact upon the city's aesthetic resources;

C.

Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements;

D.

Maximize the use of existing and approved towers and buildings through co-location; and

E.

Protect the public health, safety, and welfare of the community.

2.

Applicability

All new telecommunications facilities, whether a principal or accessory use, shall be subject to these standards unless exempted in 23-4-3(C)(6), Exemptions.

3.

Exceptions

This Chapter shall not govern any tower or antenna that is:

A.

Less than 70 feet in height.

B.

Located in the rear yard of a residentially zoned parcel.

C.

Owned and operated by a federally licensed amateur radio operator.

4.

Grandfathered Towers and Antennas

Subject to the provisions of 23-8-3, Nonconforming Structures, any tower or antenna already existing on November 9, 2010 shall not be required to comply with the provisions in this subsection. Towers or antennas in existence on November 9, 2010, which do not comply with this subsection:

A.

May continue for the purpose now used and as now existing.

B.

May not be replaced or structurally altered without complying in all respects with this subsection.

C.

The addition of one or more antenna to a grandfathered tower shall not be construed as a prohibited expansion of the pre-existing non-conforming use so long as the said tower is located in one of the following districts: RM-10, RM-20, RM-30, A, LB, NB, CB, RB, I, or WF.

5.

General Standard

All telecommunication towers and antennas must comply with the following general standards:

A.

Height

Height limitations applicable to buildings and structures in Article 23-3: Zoning Districts and Article 23-5: Intensity and Dimensional Standards shall not apply to telecommunication towers or antennas. Height requirements for antennas and freestanding towers are provided in the following Subsections.

B.

Location

1.

Towers or antennas shall not be constructed so as to interfere with the flight zones of civilian or military airports.

2.

Any tower or antenna may not be located on a structure or building designated by the AHRC as a historic structure or landmark or be located in a designated Architectural/Historic Overlay District unless the AHRC approves such arrangement.

C.

Design

All buildings, structures, and equipment accessory to a tower shall be designed to blend in with the surrounding environment through the use of color, camouflage, and architecture, unless the FAA or other federal or state authorities require otherwise.

D.

Signage

No commercial advertising shall be allowed on a tower or antenna, unless such antenna is actually located on an existing, approved sign. Towers may have safety or warning signs in appropriate places.

E.

Lighting

1.

No signals, lights or illumination shall be permitted on a tower or antenna, unless required by the FAA. Should lighting be required by state or federal law, the lighting shall be placed on the tower and designed in such a way as to minimize the glare on adjacent residential properties.

2.

Light fixtures may be attached if it is part of the design incorporated into the tower structure to be used for the illumination of athletic fields, parking lots, streets or other similar areas.

3.

Lighting of accessory buildings for basic security purposes is permissible but may not result in unnecessary glare on adjacent properties.

6.

Freestanding Towers

Freestanding telecommunications towers, whether as a principal or accessory use, shall comply with the following standards:

A.

Requirements for Permitting New Tower

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the city that no existing tower or other structure can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:

1.

No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements.

2.

Existing towers or structures are not of sufficient height, and could not be extended to become sufficient in height, to meet the applicant's engineering requirements.

3.

Existing towers or structures do not have sufficient structural capacity to support the applicant's proposed antenna and related equipment; and the existing or approved tower cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost.

4.

The proposed antenna would cause electromagnetic interference with an existing antenna on the tower or structure, or the antenna on the existing tower or structure would cause interference with the proposed antenna; and reconfiguration would not resolve the interference problem.

5.

The applicant demonstrates that there are other limiting factors, not including the provisions of this article, that render existing towers or structures unsuitable for its proposed antenna.

B.

Height

No freestanding tower shall exceed 180 feet in height.

C.

Setbacks

1.

Towers shall be setback from the property line in all directions a distance at least equal to the height of the tower if the site is in one of the following districts: A, RM-10, RM-20, RM-30, RMH, or LB.

2.

The tower shall be setback from the property line in all directions the distance required in the underlying district if the site is in one of the following districts: LB, NB, CB, RB, I, WF.

3.

The tower shall be setback from any single-family residential district at least the height of the tower.

4.

One freestanding tower shall not be located closer than one mile from another freestanding tower.

D.

Design of Towers

Freestanding telecommunication towers shall be designed to comply with the following standards:

1.

For proposed towers greater than 120 feet in height, the proposed tower shall be designed to accommodate both the applicant's antenna and at least two comparable antennas.

2.

For proposed towers over 70 feet in height but less than 120 feet in height, the proposed tower shall be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

3.

Towers shall be of a monopole design.

4.

The use of guyed or lattice towers is prohibited.

5.

Towers shall be constructed of galvanized metal and shall be maintained in good repair and appearance.

6.

Towers shall be constructed so that if a failure does occur, the tower will collapse into itself and will not fall onto structures near the site.

7.

No tower shall have a platform, crow's nest or like structure around it, or attached to it, except while under construction or repair.

E.

Location

With the exception of necessary electric and telephone service and connection lines approved by the city, no part of any tower, antenna, or supportive lines, cable, equipment, wires or braces in connection with a tower, shall at any time extend across or over any part of a right-of-way, public street, highway, sidewalk or property line.

F.

Placement of Signal and Remote Conductors

All signal and remote control conductors of low energy between a tower or antenna and a structure, or between towers, shall be hidden from plain view and shall be underground whenever possible. If impossible to bury underground, the conductor shall be at least eight feet above the ground at all points.

G.

OSHA Conformity

All towers or antennas shall conform to the requirements of the Occupational Safety and Health Administration (OSHA).

H.

Fencing

Subject to setback requirements, an eight-foot privacy fence or wall, as measured from the finished grade of the site, shall be constructed around the perimeter of any tower site.

I.

Parking

Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site, unless repairs to the tower or antenna are being made.

J.

Landscaping

A Type C perimeter buffer in accordance with Section 23-6-3(E), Perimeter Buffers, shall be provided around the perimeter of a freestanding telecommunications tower facility, antenna, or accessory building, structure or equipment from public view except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood.

K

Abandoned or Unused Facilities

All abandoned or unused telecommunication tower or antenna facilities shall be removed by the tower or antenna operator within 90 days of the cessation of use unless ownership and use thereof has been transferred to another person in compliance with this Section. A tower shall be considered abandoned if use has been discontinued for 180 consecutive days. The Director of Community Development may extend this time period or waive this requirement if it is shown by the operator that the facility has not been abandoned.

L.

Safety Requirements

1.

Every freestanding tower shall be protected from trespassers in order to discourage the climbing of the tower by unauthorized persons.

2.

The owner/operator shall at all times employ at least ordinary care and shall install, maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injuries or nuisances to the public.

M.

Transfer of Use

Approved towers or antennas may be transferred to successors and assigns of the approved party, subject to all of the conditions that apply to initial approval.

7.

Collocation or Placement of Antennas on Existing Towers, Structures, or Buildings

Antennas may be collocated or placed on existing towers, structures, or buildings if they comply with the following standards:

A.

Collocation

Subject to the requirements of this Chapter, more than one tower or antenna may be attached to, or placed upon, the same structure.

B.

Height

1.

An existing tower, structure or building shall be at least 40 feet in height before an antenna may be erected upon, or attached to it.

2.

The addition of a tower or antenna to an existing structure shall not cause the height of said structure to increase by more than 20 percent or the maximum height allowed in that zoning district, whichever is less.

3.

The addition of any related telecommunications equipment or accessory building to an existing structure shall not cause the height of said structure to increase by more than 15 percent or the maximum height allowed in that zoning district, whichever is less.

C.

Setbacks

Towers or antennas erected upon, or attached to, existing structures shall not be subject to standard setback requirements.

D.

Accessory Buildings and Structures

1.

So long as the arrangement is deemed safe by the Building Official, all accessory buildings and other structures to be located on the same property as a tower or antenna shall be located on the roof of the structure whenever possible.

2.

If the accessory equipment, buildings and other structures are able to be safely located on the roof of the structure, the area of the equipment, accessory buildings and other structures shall not occupy more than 25 percent of the total roof area.

b.

Utilities, Major

An electrical power facility, substation, or transmission station shall be set back at least 100 feet from all lot lines.

(Ord. No. 2523, 9-5-2023)

(1)

Billboards

Billboards are allowed only in the Regional Business (RB) and Industrial (I) Zoning Districts, subject to specific applicable standards in 23-6-13, Signage.

(2)

Conference and Convention Centers

a.

Auditoriums and Convention Centers

Auditoriums and convention centers shall comply with the following standards:

1.

The parcel or site shall have an area of at least five acres.

2.

The building shall be located at least 500 feet from any single-family residential zoning district (RE, RER, RS-10, RS-7.5, RS-5, RMH).

b.

Conference and Training Centers

Conference and training centers shall comply with the following standards:

1.

Dining and banquet facilities may be provided for employees, trainees, and conferees, provided the gross floor area devoted to such facilities does not exceed 20 percent of the total floor area of the principal building.

2.

On-site recreational facilities may be provided for use by employees, trainees, or conferees.

3.

No products shall be sold on-site except those that are clearly incidental and integral to training programs and seminars conducted in the center (e.g., shirts, glasses and mugs, pens and pencils, and similar items bearing the logo of conference or seminar sponsors or participants).

(3)

Eating and Drinking Establishments

a.

Bar/Lounge, Brewpub, or Nightclub

1.

Required Spacing between Uses

Except in the Downtown (DT) and Community Redevelopment Overlay (CRO) Districts, bars, brewpubs, nightclubs, and similar establishments shall comply with the required spacing standards stated in Table 23-4-3(D)(11), Required Minimum Spacing between Regulated Business Uses and Protected Uses and Districts.

2.

Live Entertainment

Bars, lounges, and brewpubs may offer live entertainment, such as a piano, harp, saxophone, electronic keyboard without amplification, or small combo or coin-operated music-box without external speakers. Live entertainment with amplification is permitted within nightclubs.

3.

Off-Premise Alcohol Sales

If licensed by the state for off-premise sales, brewpubs may sell malt beverages for consumption off premises, limited to the sale of no more than ten percent of the total on-premises production.

4.

Accessory Uses

Bars, lounges, brewpubs, and nightclubs serving as an accessory use to a principal use shall comply with the standards in 23-4-4, Accessory Use Standards.

b.

Restaurant, with Drive-Through Service

1.

Drive-through facilities shall be located at least 100 feet from any residential zoning district.

2.

Drive-through facilities shall not obstruct the movement of pedestrians along sidewalks, through areas intended for public use, or areas between the restaurant entrance and customer parking spaces.

c.

Restaurant, with Indoor or Outdoor Seating

1.

Accessory Uses to the Restaurant

A.

In the Limited Business (LB) District, a restaurant with indoor or outdoor seating may have a bar as an accessory use, but sales of alcoholic beverages shall be limited to wine and beer.

B.

In the Neighborhood Business (NB), Community Business (CB), Regional Business (RB), Downtown (DT), or Waterfront (WF) Zoning Districts, a restaurant with indoor or outdoor seating may have a bar as an accessory use.

C.

In the Neighborhood Business (NB), Community Business (CB), Regional Business (RB), Downtown (DT), or Waterfront (WF) Zoning Districts, a restaurant with indoor or outdoor seating may offer, as an accessory use, live entertainment such as a piano, harp, saxophone, electronic keyboard without amplification, or small combo or coin-operated music-box without external speakers.

2.

Outdoor Seating and Service Areas

A.

Any outdoor portion of a restaurant where customers can be seated and served shall not operate after 11:00 p.m.

B.

Outdoor restaurant seating areas shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use.

C.

Outdoor seating areas shall be located no closer than 100 feet from any adjoining lot located in a single-family residential zoning district (RE, RER, RS-10, RS-7.5, RS-5, RMH).

3.

Restaurant as an Accessory Use

Restaurants with indoor or outdoor seating serving as an accessory use to a principal use shall comply with the standards in 23-4-4, Accessory Use Standards.

(4)

Offices

a.

Business Services, Financial Services, Professional Services, or Sales Office

In the Limited Business (LB) Zoning District, the following standards shall apply:

1.

Individual offices with a floor area exceeding 2,000 square feet are permitted only with a Conditional Use Permit.

2.

Office complexes shall be limited to not more than ten offices.

3.

The maximum total floor area for any individual office or any office complex shall be 10,000 square feet.

b.

Contractor's Office

1.

Contractor's offices are permitted only if all storage of materials occurs inside a structure and the storage of materials is clearly incidental to the office use. Where outside storage of materials is involved or the total area devoted to the storage of materials exceeds the area devoted to office use, the principal use shall be considered an outdoor storage use.

2.

In Neighborhood Business (NB) and Community Business (CB) Zoning Districts, no more than three trucks or other vehicles related to the contracting business may be regularly parked on the site or parallel where the office is located. A vehicle that remains at a location overnight or over the weekend, or that is parked at the same location for more than three hours on two or more days in the same calendar week shall be deemed to be "regularly parked" at that location. Violation of this condition shall be treated as a violation of this Chapter, regardless of whether it is also treated as a violation of the traffic or parking provisions of the Code of Ordinances.

c.

Massage Therapy

1.

All persons practicing massage therapy on behalf of a massage therapy establishment shall be licensed as a massage therapist in accordance with Mississippi Code § 73-67-21.

2.

Massage therapy offices serving as an accessory use to a principal use shall comply with the standards in 23-4-4, Accessory Use Standards.

d.

Radio or Television Station

In any zoning district, telecommunications towers or dishes associated with radio or television stations shall be subject to approval of an application for a Conditional Use Permit in accordance with 23-2-4(D), Conditional Use Permit.

(5)

Commercial Parking

a.

Parking Garage or Deck

A commercial parking structure shall comply with the following standards:

1.

Parking shall be the principal use of the parking structure. Parking spaces may be rented for parking, and retail sales and service and office establishments may be located on the ground floor of the structure. No other business of any kind shall be conducted in the structure, including repair service, washing, display, or storage of vehicles or other goods.

2.

A commercial parking structure shall not be located contiguous to a single-family residential zoning district (RE, RER, RS-10, RS-7.5, RS-5, RMH).

b.

Parking Lot

A commercial parking lot shall comply with the following standards:

1.

Parking shall be the principal use of the parking lot. Parking spaces may be rented for parking, or otherwise used in accordance with an approved Temporary Use Permit or other permit from the city, but no other business of any kind shall be conducted on the lot, including repair service, washing, display, or storage of vehicles or other goods.

2.

Commercial parking lots shall not be located contiguous to a single-family residential zoning district (RE, RER, RS-10, RS-7.5, RS-5, RMH).

3.

In the LB, NB, and DT Zoning Districts, commercial parking lots shall have no more than 100 feet of street frontage. Structures, landscaping, or other screening devices may be placed between the parking lot and street to assist in compliance with this requirement.

(6)

Recreational/Entertainment, Indoor

a.

Cinema

Accessory restaurants, nightclubs, and bars in cinemas, shall comply with the standards in Section 23-4-4, Accessory Use Standards.

(7)

Recreational/Entertainment, Outdoor

a.

Arena, Stadium, or Amphitheater

Arenas, amphitheaters, and stadiums shall comply with the following standards:

1.

Arenas and stadiums shall be located at least 500 feet from existing child day care centers and residential zoning districts.

2.

Arenas and stadiums shall be located on a site or parcel with an area of at least five acres.

3.

Arenas and stadiums shall be located on a site or parcel that, at the primary point of access, has at least 200 feet of frontage on an arterial street or collector street.

4.

Arenas and stadiums shall locate access points to minimize traffic to and through local streets in residential neighborhoods.

5.

Areas and stadiums shall provide safety fences, up to the height of eight feet, as necessary to protect the general health, safety, and welfare.

b.

Golf Course

1.

Private and commercially operated golf courses in the Agricultural (A) District shall have no building or accessory use located closer than 100 feet to adjoining property lines.

2.

Accessory restaurants, nightclubs, and bars on golf courses shall comply with the standards in Section 23-4-4, Accessory Use Standards.

c.

Shooting Range

Shooting ranges shall comply with the following standards:

1.

In Industrial (I) Districts, shooting ranges shall be located only inside buildings.

2.

No outdoor shooting range shall operate after sundown or before sunrise.

3.

A certificate or letter from an architect or engineer licensed to practice in Mississippi shall be provided for a proposed Shooting Range, certifying that the design of the proposed shooting range is adequate to keep all projectiles and all firing noises within the range that is not less than 20 acres for an outdoor shooting range, and a minimum 10,000 square foot space for indoor shooting ranges.

4.

The A-weighted sound level of small arms fire on the shooting range shall not exceed 90 dba (A-weighted decibels) for one hour out of a day and shall not exceed 85 dba for eight hours out of a day measured at, or adjusted to, a distance of 100 feet outside the property boundary of the shooting range.

d.

Swimming Pool

Swimming pools that are a principal use of a lot shall comply with the following standards. Swimming pools that are accessory uses shall comply with 23-4-4(C)(23), Swimming Pool, Spa, or Hot Tub.

1.

Swimming pools for nonprofit organizations shall be located on a site or parcel with an area of at least one acre and a width of at least 200 feet at the building line.

2.

A swimming pool shall be set back from any lot line at least a distance equal to three feet plus one foot for each foot of vertical excavation.

3.

A swimming pool is permitted provided that it is not located closer than 50 feet to any adjoining property lines unless such property line fronts a public street or drainage canal with a right-of-way not less than 25 feet, in which instance the required setback need not exceed 25 feet.

4.

The area containing the pool shall be completely enclosed by a fence that is at least four feet high and has a gate that can be securely fastened.

5.

Pools with a capacity of 2,000 gallons or more shall have filtering and purification, or automatic water exchange equipment that changes the pool water every 24 hours.

6.

Any pump and filtering equipment and any appurtenant structures shall be located at least ten feet from any lot line.

7.

Lighting of the pool area shall comply with the exterior lighting standards in Section 23-6-8, Exterior Lighting.

8.

There shall be no commercial sales that are not an integral part of the pool use, nor shall any commercial displays be visible from the street or other property.

e.

Other Outdoor Recreational/Entertainment Uses

Other outdoor recreational/entertainment uses shall comply with the following standards:

1.

Other outdoor recreational/entertainment facilities must be located on a site having a minimum of three acres.

2.

Lighted tennis courts, ball fields, and other outdoor recreational/entertainment uses open to the public shall be screened from any existing or proposed residential land with a Type B perimeter buffer in accordance with Section 23-6-3(E), Perimeter Buffers.

3.

Accessory restaurants, nightclubs, and bars or other outdoor recreational/entertainment uses shall comply with standards in Section 23-4-4, Accessory Use Standards.

4.

Private and commercial recreational uses such as tennis courts, ballfields, and other similar activities are permitted provided that no such use, structure or accessory use is note located closer than 50 feet to any adjoining property lines unless such property line fronts a public street or drainage canal with a right-of-way not less than 25 feet, in which instance the required setback need not exceed 25 feet.

(8)

Retail Sales and Service

a.

Animal Care, Training, or Kennel

Animal shelters, kennels (indoor and outdoor), and other similar animal care and training uses shall comply with the following standards:

1.

The animal care use shall be sufficiently insulated so no unreasonable noise or odor can be detected off the premises.

2.

Any open runs or pens used to house animals shall be located at least 75 feet from any lot line.

3.

Accessory uses to an indoor kennel may include retail sales and grooming services, as long as the accessory uses do not occupy more than 25 percent of the total gross floor area.

4.

Any incinerators included as an accessory use to an animal shelter shall be permitted only in accordance with 23-2-4(D), Conditional Use Permit.

b.

Bank or Financial Institution, with Drive-Through Service

The drive-through facility shall be located to the side or rear of the primary building, where practicable.

c.

Beach Vending

Beach vending uses shall comply with the following standards:

1.

No permanent beach vending uses shall be permitted except in accordance with the permitting procedures and standards established in the Harrison County Sand Beach Ordinance, as amended.

2.

Permanent buildings or structures (e.g., picnic pavilions and comfort stations) in the Sand Beach (SB) Zoning District shall be subject to the provisions of this Code.

d.

Book or Media Shop

A book or media shop that devotes more than ten percent of its floor area or ten percent of the number of items in inventory to sexually-explicit material, but which devotes less than 40 percent of its floor area and less than 40 percent of the number of items in inventory to sexually-explicit material shall be treated for zoning purposes as a book or media shop and not as a sexually-oriented media store use, provided it complies with the following standards:

1.

All sexually-explicit material shall be maintained in a room that is separated from other material by an opaque wall that extends to the ceiling or eight feet above the floor, whichever is less.

2.

Access to the room containing the sexually-explicit material shall be through an opaque, solid door.

3.

The room containing sexually-explicit material shall be posted with a notice indicating that only persons 18 years of age or older are allowed in the room.

4.

Access to the room shall be physically limited to adults through control of access by an employee of the store, through use of an access release located at least 66 inches off the floor, or through constant monitoring of the room by an employee on duty through electronic means or through a window or mirror providing visibility into the room from the manager's or cashier's work station.

e.

Convenience Store

1.

All lighting, including lighting for canopies, shall be designed and installed to prevent glare or excessive light spillover onto adjacent properties. No source of illumination shall be allowed if such source of illumination would be visible from a residentially zoned district to the extent that it is a nuisance and interferes with the residential use of that area.

2.

A convenience store with gas sales shall also comply with the standards in Section 23-4-3(D)(h), Gas Station.

f.

Drug Store or Pharmacy, with Drive-Through Service

A drug store or pharmacy with drive-through service shall comply with the following standards:

1.

Drug stores or pharmacies shall be located no closer than 100 linear feet from a single-family residential district (RE, RER, RS-10, RS-7.5, RS-5, RMH).

2.

Drive-through facilities (including the drive lanes and stacking spaces) shall not occur between a building and any adjacent street unless it can be demonstrated how such facilities will be designed to be integrated into the site, architecturally compatible with the principal structure, screened from view of the adjacent street, and not be a negative impact on the development and pedestrian movement from parking areas and adjacent sidewalks.

3.

Drug stores or pharmacies should be designed to locate usable building space above drive-through facilities, where feasible.

4.

Drug stores or pharmacies must comply with landscaping and screening standards in Section 23-6-3, Landscaping.

g.

Funeral Home or Mortuary

Funeral homes shall comply with the following standards:

1.

The funeral home shall have its principal frontage, access, and orientation directly on an arterial street.

2.

The funeral home shall have a Type C perimeter buffer, in accordance with Section 23-6-3(E), Perimeter Buffers, between it and any residentially zoned property abutting or directly across the street from the funeral home site.

3.

On-premise signage shall be oriented toward the arterial street that provides access to the site.

4.

All structures shall be located so as not to require access from an interior residential street.

h.

Gas Station

Gas stations shall comply with the following standards:

1.

No vehicle repairs shall be permitted within gas stations.

2.

All lighting, including lighting for canopies, shall be designed and installed to prevent glare or excessive light spillover onto adjacent properties. No source of illumination shall be allowed if such source of illumination would be visible from a residentially zoned district to the extent that it is a nuisance and/or interferes with the residential use of that area.

3.

An eight-foot high visual barrier or screen, not less than 95 percent opaque, shall be provided between the gas station and any adjacent residential district.

i.

General Retail

Single tenant or two-tenant retail sales establishments located in a structure with a gross floor area of 50,000 square feet or more shall comply with the standards in Section 23-6-10(E), Large Retail Design Standards.

j.

Personal Services Establishment

Personal service establishments in the Limited Business (LB) and Neighborhood Commercial (NC) Zoning Districts shall comply with the following standards:

1.

An individual establishment shall have no more than 2,500 square feet of gross floor area.

2.

The business activities of the establishment shall be conducted within an enclosed building, with no more than 20 percent of the gross floor area devoted to storage.

3.

The establishment shall only sell products at retail.

k.

Tattoo or Body-Piercing Establishment

No tattoo and body-piercing establishment shall be located on the same block as any property zoned in an agricultural or residential zoning district.

l.

Veterinary Clinic

Veterinary clinics that includes kennels shall comply with the use standards in Section 23-4-3(D)(8)a., Animal Care, Training, or Kennel.

m.

Seasonal Firework Sales

Firework sales are allowed within an RB Regional Business zoning district as a Conditional Use and shall comply with the following standards:

1.

Firework sales are seasonal sales only, within the times permitted by state law. No fireworks shall be sold or offered for sale at retail within the City of Biloxi before the fifteenth day of June and after the fourth day of July and before the fifth day of December and after the first day of January of each year. No fireworks shall be sold to any person under the age of 16 years or any intoxicated person. All persons involved in the sale of Fireworks shall be at least 18 years of age.

2.

It shall be unlawful for any person to shoot, discharge, fire, explode or otherwise use any fireworks upon any of the streets, sidewalks, alleys or other public places or elsewhere within the city, unless otherwise authorized under City of Biloxi Code of Ordinances, Section 13-1-12(c) or 13-1-12(d).

3.

A Conditional Use permit shall be required for each Seasonal Firework Sales operation, which Conditional Use permit will remain valid, unless modifications are made to the site, the temporary structure, or the location.

A.

All fireworks licensees must be over the age of 21 and provide a certificate of liability insurance for $500,000.00 naming the City of Biloxi as an additional insured. This certificate shall be provided to the city prior to receiving a "Sale of Fireworks Conditional Use Permit."

B.

No storage of any excess or unsold inventory will be allowed within the City of Biloxi after the expiration of the fireworks seasons. Violation of this section shall be grounds for immediate revocation of the fireworks permit.

C.

No on-site storage trailers or containers shall be allowed; all fireworks merchandise shall be located in a secure enclosed area. All fireworks sold on-site shall be sold at a retail station.

4.

Ownership and operation of the Conditional Use may not be transferred, subleased, sold or conveyed to any other individual, firm or entity. Any such change in ownership or operation will necessitate an application for a new Conditional Use permit.

5.

All Seasonal Firework Sales outlets are required to be 2,500 feet from other existing Seasonal Firework Sales outlets, and 500 feet from any residential properties.

6.

All Seasonal Firework Sales are required to be 300 feet from the property line of any motor vehicle fueling station, bulk plant, or bulk terminal for the following:

A.

Flammable or combustible liquid.

B.

Flammable gas.

C.

Flammable liquid gas.

7.

Seasonal Firework Sales Stands are preferred to be on paved surfaces; however, unpaved surfaces may be approved if dry vegetation has been cleared under and around these Seasonal Firework Sales Outlets for a distance of 35 feet.

8.

Public safety, ingress, egress, and adequate parking will be factors considered by the fire department before approving any site for firework sales.

9.

Consumer Firework Retail Sales (CFRS) facilities shall be accessible to Fire Department apparatus by means of an approved fire apparatus access road constructed of asphalt, concrete or other approved driving surface capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds.

10.

Portable fire extinguishers shall be on hand, as required by the currently adopted International Fire Code, in conspicuous locations where they will be readily accessible and immediately available for use.

11.

Temporary buildings and tents shall meet the requirements of the currently adopted International Fire Code. Before a permit is granted, the owner shall provide proof to the fire code official that the building materials, floor coverings, tents, sidewalls, drops, and tarpaulins meet the flame performance test of the National Fire Protection Association (NFPA).

12.

Smoking shall not be permitted within 100 feet of any seasonal firework stand. Approved "NO SMOKING" signs shall be conspicuously posted.

n.

Medical Cannabis Dispensary, Cannabis Research Facility or Cannabis Testing Facility

Medical Cannabis Dispensaries, Research Facilities and Testing Facilities are allowed within the NB-Neighborhood Business, CB-Community Business, RB-Regional Business and I-Industrial zonings as a permitted use and WF-Waterfront as a Conditional Use, and shall comply with the following standards.

1.

Medical Cannabis Dispensaries must have a license with the MDOR (Mississippi Department of Revenue) before submitting for a CO with the City of Biloxi.

2.

Medical Cannabis Dispensaries shall not be located within one thousand (1,000) feet of the nearest property boundary line of any school, church, childcare facility or funeral home.

A medical cannabis establishment may receive a variance to this distance restriction by receiving approval from the school, church or child care facility and by applying for a variance with its respective licensing agency, provided that the main point of entry of the cannabis establishment is not located within five hundred (500) feet of the nearest property boundary line of any school, church or child care facility.

3.

No medical cannabis dispensary may be located within a one-thousand-five-hundred-feet (1,500') radius from the main point of entry of the dispensary to the main point of entry of another medical cannabis dispensary.

4.

A medical cannabis establishment may not share office space with or refer patients to a practitioner.

5.

A medical cannabis dispensary shall only make sales to cardholders inside the dispensary. A medical cannabis dispensary shall not sell or otherwise convey medical cannabis to a cardholder through the means of a drive-through, curbside delivery or other delivery outside the premises of the dispensary.

6.

MDOH has been designated to regulate advertising, signage, and displays, sign permits are still required through the City of Biloxi after MDOH approval.

o.

Cannabis Cultivation Facility, Cannabis Processing Facility, Cannabis Disposal Entity or Cannabis Transportation Entity

Cannabis Cultivation Facilities are allowed within the A-Agricultural, RB-Regional Business and I-Industrial zonings as a permitted use, and are allowed within the CB-Community Business with Conditional Use approval.

Cannabis Processing Facilities or Cannabis Disposal Entities are allowed within the RB-Regional Business and I-Industrial zonings as a permitted use, and are allowed within the CB-Community Business with Conditional Use approval.

Cannabis Transportation Entities are allowed within the I-Industrial zoning as a Permitted use and within the RB-Regional Business with Conditional Use approval.

Cannabis Cultivation Facilities, Cannabis Processing Facilities, Cannabis Disposal Entities or Cannabis Transportation Entities shall comply with the following standards:

1.

Cannabis Transportation entities, Cannabis Disposal entities, Cannabis Research Facilities and Cannabis Testing Facilities must have a license with the MDOH (Mississippi Department of Health) before submitting for a CO with the City of Biloxi.

2.

All cultivation, harvesting, processing and packaging of medical cannabis must take place in an enclosed, locked and secure facility, and meet the City of Biloxi development standards.

(9)

Vehicles Sales and Service

a.

Auto Painting or Body Shop

Automobile painting/body shop uses shall comply with the following standards:

1.

The use shall be located at least 250 feet from any residential zoning district, school, or day care.

2.

Vehicles shall not be parked or stored as a source of parts or for the purpose of sale or lease/rent.

3.

Repair and storage of all vehicles shall occur within an enclosed building. Temporary outdoor vehicle storage may be allowed in an outdoor storage area that is no larger than 25 percent of the buildable area of the lot, located behind or to the side of the principal structure, and screened from public view in accordance with Section 23-6-3(G), Screening.

4.

Vehicles that are repaired and are awaiting removal shall not be stored or parked for more than 30 consecutive days. In cases where a vehicle is abandoned by its lawful owner before or during the repair process, the vehicle may remain on site as long as is necessary after the 30-day period, provided the owner or operator of the establishment demonstrates steps have been taken to remove the vehicle from the premises using the appropriate legal means.

5.

All lights and lighting shall be designed and arranged so no source of illumination is directly visible from any residential district or existing residential use and to prevent glare or excessive light spillover onto adjacent properties.

b.

Auto Parts Sales and Installation

Automobile parts sales and installation uses shall comply with the following standards:

1.

Repair of all vehicles shall occur within an enclosed building. Temporary outdoor vehicle storage may be allowed in an outdoor storage area that is no larger than 25 percent of the buildable area of the lot, located behind or to the side of the principal structure, and screened from public view in accordance with Section 23-6-3(G), Screening.

2.

The use shall provide adequate, enclosed trash storage facilities on the site.

3.

All lights and lighting shall be designed and arranged so no source of illumination is directly visible from any residential district or existing residential use and to prevent glare or excessive light spillover onto adjacent properties.

c.

Auto Repair and Servicing, without Painting/Bodywork

Automotive repair and service uses not involving painting or bodywork service shall comply with the following standards:

1.

The use shall be located at least 250 feet from any residential zoning district or existing residential use, school, or day care.

2.

The use shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements.

3.

Repair of all vehicles shall occur within an enclosed building. Temporary outdoor vehicle storage may be allowed in an outdoor storage area that is no larger than 25 percent of the buildable area of the lot, located behind or to the side of the principal structure, and screened from public view in accordance with Section 23-6-3(G), Screening.

4.

The use shall provide adequate, enclosed trash storage facilities on the site.

5.

If gasoline is sold on-site, the use shall also comply with the standards for a gasoline sales use in 23-4-3(D)(h), Gas Station.

6.

No vehicles shall be parked or stored as a source of parts or for the purpose of sale or lease/rent.

7.

Vehicles that are repaired and are awaiting removal shall not be stored or parked for more than 30 consecutive days. In cases where a vehicle is abandoned by its lawful owner before or during the repair process, the vehicle may remain on site as long as is necessary after the 30-day period, provided the owner or operator of the establishment demonstrates steps have been taken to remove the vehicle from the premises using the appropriate legal means.

8.

All lights and lighting shall be designed and arranged so no source of illumination is directly visible from any residential district or existing residential use and to prevent glare or excessive light spillover onto adjacent properties.

d.

Auto Sales/Rental, New or Used

Uses primarily involving the sales or rental of automobiles, trucks, or travel trailers, shall comply with the following standards:

1.

No vehicle or equipment displays shall be located within a required perimeter buffer.

2.

The use shall not have more than one vehicle display pad for every 100 feet of street frontage. The vehicle display pad may be elevated up to two feet above adjacent displays or grade level.

3.

No vehicles or other similar items shall be displayed on the top of a building.

4.

All lights and lighting shall be designed and arranged so no source of illumination is directly visible from any residential district or existing residential use and to prevent glare or excessive light spillover onto adjacent properties.

5.

No other materials for sale shall be displayed between the principal structure and the street.

e.

Auto Wrecker Service

Automotive wrecker service uses shall comply with the following standards:

1.

The use shall be located at least 250 feet from any residential district, school, or day care center.

2.

The number of vehicles stored on-site shall be limited to 15 vehicles.

3.

Vehicles shall not be stored for more than 90 days.

4.

Vehicles shall be stored to the rear of the principal structure, and screened from public view in accordance with Section 23-6-3(G), Screening.

f.

Car Wash or Auto Detailing

1.

Car wash and auto detailing uses shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements.

2.

Openings to wash bays shall not face public rights-of-way and shall be designed to minimize visual intrusion onto adjoining properties.

3.

Vacuuming equipment shall be set back at least 50 feet from any adjacent residential uses.

4.

Car wash and auto detailing uses shall provide adequate, enclosed trash storage facilities on the site.

5.

If an automatic car wash is an accessory use to a gas station use, it shall be governed by the use and dimensional standards applicable to the gas station use.

g.

Non-Automobile Vehicle Sales/Rental

Non-automobile vehicle sales/rental uses shall comply with the following standards:

1.

No vehicle or equipment displays shall be located within a required perimeter buffer or within required parking areas.

2.

The use shall not have more than one vehicle display pad for every 100 feet of street frontage. The vehicle display pad may be elevated up to two feet above adjacent displays or grade level.

3.

No vehicles or other similar items shall be displayed on the top of a building.

4.

All lights and lighting shall be designed and arranged so no source of illumination is directly visible from any residential district or existing residential use and to prevent glare or excessive light spillover onto adjacent properties.

5.

No other materials for sale shall be displayed between the principal structure and the street.

h.

Tire/Muffler Sales and Mounting

Tire sales and mounting uses or muffler shop uses shall comply with the following standards:

1.

Repair of all vehicles shall occur within an enclosed building. Temporary outdoor vehicle storage may be allowed in an outdoor storage area that is no larger than 25 percent of the buildable area of the lot, located behind or to the side of the principal structure, and screened from public view in accordance with Section 23-6-3(G), Screening.

2.

The use shall provide adequate, enclosed trash storage facilities on the site.

3.

All automobile parts and similar materials shall be stored within an enclosed building or totally screened from view by an opaque or privacy fence.

4.

The use shall not include outdoor storage lots or impound yards for towed vehicles.

i.

Truck Stop

1.

All lighting, including lighting for canopies, shall be designed and installed so no source of illumination is directly visible from any residential district or existing residential use and to prevent glare or excessive light spillover onto adjacent properties.

2.

A solid barrier or screen at least eight feet high shall be provided between the truck stop and any adjacent residential district.

3.

All uses shall be operated to comply with all applicable local, state and federal standards of performance, or their equivalent, as amended.

(10)

Visitor Accommodations

a.

Bed and Breakfast

A bed and breakfast in the Agriculture (A), Low Density Multifamily Residential (RM-10), Medium Density Multifamily Residential (RM-20), High Density Multifamily Residential (RM-30), Residential Manufactured Home (RMH), Limited Business (LB), Downtown (DT), and Corridor Redevelopment Overlay (CRO) Districts shall comply with the following standards:

1.

Declaration of Policy

This section is intended to provide standards for the establishment of bed and breakfasts, to allow for a more efficient use of historically-significant dwellings and other related residential buildings within the city, and to assist in the preservation, upkeep, and enhancement of these structures and the neighborhoods where they are located, while at the same time discouraging commercial exploitation of these properties. It is the further intent of this section to promote bed and breakfasts that are compatible with the surrounding area by averting adverse impacts, such as commercialization of residential areas and excessive demand upon on-street parking.

2.

Monitoring

Bed and breakfasts shall maintain a guest register. The register shall be made available for inspection by the Director of Community Development upon request. The guest register shall include the names and home addresses of transient guests, transient guests' license plate numbers, dates of stay, and the unit number/name for each transient guest.

3.

Additional Permit Requirements

A.

In additional to the permit requirements of this Ordinance, bed and breakfasts shall be required to obtain a Certificate of Occupancy, Certificate of Zoning Compliance and tax privilege license. The Certificate of Occupancy, Certificate of Zoning Compliance, and tax privilege license shall not be transferred to a subsequent owner, and any change in ownership shall require new applications for all such certificates, permits, and licenses.

B.

A certificate from the state or county health department shall be required as a condition precedent to issuance of the permits, certificates and licenses set forth in the subsection, listed above.

4.

Location

A.

A bed and breakfast shall not be located within 500 linear feet from the property line of another bed and breakfast within residential zoning districts. This restriction may be waived by the City Council on finding that:

1.

The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this Ordinance will be observed;

2.

The proposed use will not enlarge or encourage the development of a blighted, downgraded, or commercial area;

3.

The establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential; and

4.

All other provisions of this Ordinance will be observed.

5.

Occupancy

A.

Each bed and breakfast shall be staffed by either a resident owner or resident manager while transient guests are registered.

B.

The Certificate of Occupancy shall specify the exact number of units for rent to transient guests, provided that a bed and breakfast shall have eight or fewer units for rent to transient guests, which units must be located only within existing building(s) and must comply with density regulations for the zoning district in which the bed and breakfast is located.

6.

Other Requirements

A.

Individual kitchens or kitchenettes within units for rent shall not be permitted.

B.

Only transient guests shall be served a meal, which may consist of breakfast, lunch and/or dinner.

C.

There shall be a bathroom, consisting of a sink, toilet and shower or bathtub, available per two guest units.

D.

No gift shops shall be permitted in bed and breakfasts located in residential zoning districts.

E.

Except as provided in this subsection, nothing in this subsection shall be construed to permit any commercial or residential use not otherwise allowed by the specific district classification in which the bed and breakfast is located. Uses permitted as accessory uses at other visitor accommodations are not permitted as accessory uses at a bed and breakfast.

F.

If the bed and breakfast is located in a residential zoning district, no commercial uses shall be allowed, with the exception of certain special events which will be eligible for consideration at a bed and breakfast upon obtaining a separate special event permit. Special events shall include the following: guided tours, weddings, receptions, parties, and other large gatherings. Applications for special event permits shall adhere to the following criteria:

a)

only one special event per day shall be permitted,

b)

permitted special events shall only be allowed to take place between the hours of 11:00 a.m. and 10:00 p.m.,

c)

permitted special events shall not exceed four hours in length,

d)

no more than 100 guests shall be allowed at any single event,

e)

entertainment for special events, when provided, shall end by 10:00 p.m., and

f)

musical instruments, phonographs or any other machines or devices operated for the express purpose of providing entertainment during said special events shall be allowed outdoors provided that they are utilized in a manner so as not to disturb the quiet, comfort, or repose of any person in the vicinity of said special events,

g)

only residential type garbage or refuse containers may be utilized, and the use of dumpsters for that purpose are prohibited.

Upon submitting an application for a special event permit, the owner/operator shall be required to satisfactorily address noise, parking, deliveries, times of operation and other related issues that may adversely impact neighboring residences or residences in the immediate area of the bed and breakfast. *amended by Ordinance 2173, 10/19/2010

7.

Lighting and Signage

A.

Exterior sign(s) advertising the bed and breakfast shall be permitted. The total area of all signs shall not exceed 12 square feet.

B.

Each sign shall be no more than four feet in height and shall have a minimum setback from all property lines of ten feet.

C.

Signs shall have exterior illumination only. Exterior signs and their illumination must comply with the sign regulations in 23-6-13, Signage.

D.

Signs displaying the name or address of the owners are permitted. Signs shall not include the words "hotel" or "motel."

E.

All banners or flags used for advertisement for bed and breakfast identification purposes are prohibited.

F.

All lighting shall be compatible with the residential quality of the neighborhood.

8.

Parking

A.

Parking for bed and breakfast transient guests shall be provided on site at a ratio of one parking space per unit, plus two parking spaces per facility for the resident owner/manager.

B.

The parking shall be located in side or rear setback areas of the principal structure located on the lot.

C.

Parking and all structures shall occupy no more than 60 percent of the lot upon which the bed and breakfast is located.

D.

Transient guests shall not utilize on-street parking.

E.

Parking space dimensions shall comply with standards in Section 23-6-2, Off-Street Parking and Loading.

F.

Pavers instead of asphalt or concrete shall be employed wherever parking spaces are to be constructed; existing parking surfaces will be allowed to remain.

9.

Exterior Alterations

A.

Exterior alterations (except for general maintenance activities) and additions shall be prohibited.

b.

Hotel, Motel, or Condotel

Hotel or motel uses shall comply with the following standards:

1.

The minimum allowable size of each hotel or motel unit shall be 400 square feet.

2.

Accessory restaurants, nightclubs, and bars shall comply with standards in 23-4-4, Accessory Use Standards.

c.

Recreational Vehicle Park

Recreational Vehicle Parks shall comply with the following standards:

1.

Park Size and Density

A.

The minimum park site area shall be two acres.

B.

A minimum of ten recreational vehicle sites shall be provided in each recreational vehicle park.

C.

The maximum density shall be 24 vehicle sites per acre.

2.

Recreational Vehicle Sites

A.

The minimum vehicle site area is 1,000 square feet.

B.

The minimum vehicle site width is 24 feet.

C.

The minimum separation of vehicles from each other and from other structures is eight feet.

D.

Each site shall contain a stabilized parking pad of shell, marl, gravel or other suitable material.

3.

Traffic Circulation

A.

All recreational vehicle parks shall abut an arterial or collector street and have direct access from such street.

B.

Entrance driveways shall be located not less than 120 feet from the intersection of public streets and sidewalks.

C.

Sidewalks shall be constructed along at least one side of the recreational vehicle park entrance driveway.

D.

Streets in recreational vehicle parks shall be private, but shall be hard surfaced. The streets shall meet the following minimum stabilized travelway width standards:

1.

A one-way street with no parking shall be 22 feet.

2.

A one-way street with parking on one side, or a two-way street with no parking shall be 22 feet.

3.

A two-way street with parking on one side shall be 30 feet.

4.

A two-way street with parking on both sides shall be 38 feet.

E.

Turnarounds shall be provided for all dead-end roads over 100 feet in length. The minimum radius of a required turnaround shall be 80 feet.

4.

Accessory Uses

Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundry facilities and other uses and structures customarily incidental to operation of a travel trailer park and campground are permitted as accessory uses to the park. In addition, stores, restaurants, beauty parlors, barbershops and other convenience establishments shall be permitted as accessory uses in recreational vehicle parks subject to the following standards:

A.

Such establishments and the parking areas primarily related to their operation shall not occupy more than five percent of the gross area of the park.

B.

Such establishments shall be restricted in their use to occupants of the park.

C.

Such establishments shall present no visible evidence from any street outside the park of their commercial character that would attract customers other than occupants of the park.

D.

The structures housing such facilities shall not be located closer than 100 feet to any public street and shall not be directly accessible from any public street, but shall be accessible only from a street within a park.

5.

Open Space and Recreational Area

A minimum of 15 percent of the gross recreational vehicle park area shall be set-aside and developed as common use areas for open or enclosed recreation facilities. No required buffer area, street, storage area, recreational vehicle site or utility site shall be included in meeting the open space and recreational area requirement.

6.

Perimeter Buffer

Recreational vehicle parks shall provide a Type B perimeter buffer in accordance with Section 23-6-3(E), Perimeter Buffers.

7.

Prohibition of Permanent Occupancy

A.

No recreational vehicle shall be permanently occupied as a dwelling or business. Continuous occupancy in a recreational vehicle extending beyond five months in any 12-month period shall be presumed to be permanent occupancy.

B.

Any action toward removal of wheels of a recreational vehicle, except for temporary purposes or to attach the vehicle to the ground for stabilizing purposes, is prohibited.

C.

A recreational vehicle left in one location over a long period of time shall be removed from its site from the 1st day of February through the 29th day of February each year or for some other period of at least four weeks. If the owner of a recreational vehicle chooses to move it during some period other the period specified, it shall be the responsibility of the owner of the recreational vehicle to provide to the manager of the recreational vehicle park and to the Community Development Director a sworn affidavit from another person, specifying the actual period during which it was removed from the site. This provision shall not apply to any recreational vehicle renting or leasing a site for a period of less than six months, as shown by the records of the park manager.

8.

Utilities

A.

Recreational vehicle park utilities and facilities shall be provided in accordance with the appropriate city and county codes and ordinances and state regulations.

B.

Drainage must be accomplished in compliance with Section 23-7-5(A), Stormwater Management Facilities.

C.

Recreational vehicle parks shall be connected to public utilities.

9.

Lighting

Adequate lighting shall be provided for all streets, walkways, driveways, buildings and other facilities. Exterior illumination shall be provided as follows:

A.

Streets

An average illumination level of at least 0.6 foot-candles and a minimum level of 0.1 foot-candles shall be maintained.

B.

Service Buildings

Illumination levels of at least five foot-candles shall be maintained at the entrance.

10.

Refuse Disposal

A.

Storage, collection and disposal of refuse shall be performed so as to minimize accidents, fire hazards, air pollution, odors, insects, rodents or other nuisances.

B.

Durable watertight refuse containers, sufficient to contain all the refuse, shall be provided at each service building and sanitary waste station, or at a central storage area readily accessible and located not more than 300 feet from any camp or picnic site unless provided at the campsite.

C.

Dumpster sites shall be provided a supply of running cold water and stormwater drainage facilities to accommodate the washing out of dumpsters and appropriate disposal of runoff.

D.

For parks exceeding 20 spaces, dumpsters shall be required at a rate of four cubic yards per 20 spaces; otherwise, refuse containers shall be provided at the rate of eight cubic feet (60 gallons) for each five campsites or an equivalent thereof if containers are provided at individual campsites.

E.

Refuse shall be picked up at least twice weekly. The dumpsters shall be set back at least 50 feet from any external street line or right-of-way and shall be screened, from any public rights-of-way or adjoining residential area by a landscaped solid fence. Dumpsters shall be provided and maintained in compliance with the Mississippi State Department of Health regulations.

F.

All solid waste generated by a recreational vehicle park shall be stored and disposed of in accordance with the Mississippi Department of Environmental Quality and all other applicable regulations governing solid waste management and the codes and ordinances of the city governing solid waste, including the city's Administrative Manual.

d.

Timeshare or Short-Term Rental

Timeshare and short-term rentals shall comply with the following standards:

1.

The daily and weekly rentals of dwelling units in single-family residential districts (RE, RER, RS-10, RS-7.5, RS-5, RMH) is prohibited.

2.

Timeshares and short-term rentals shall comply with screening standards in Section 23-6-3(G), Screening.

3.

Accessory restaurants, nightclubs, and bars shall comply with standards in 23-4-4, Accessory Use Standards.

e.

Short-Term Rentals

Short-term rentals shall be allowed as permitted uses upon properties situated within the following zoning districts: CB community business, RB regional business, DT downtown, and WF water front districts zones, subject to compliance with all of the standards provided below.

Short-term rentals may be authorized as Conditional Uses upon properties situated within the following zoning districts: A-Agricultural, LB-Limited Business, NB Neighborhood Business, RM-20 Medium-Density Multi-Family Residential and RM-30 High-Density Multi-Family Residential district zones, subject to Conditional Use review and approval. The cumulative total of short-term rentals permitted in RM-20 Medium-Density Multi-Family Residential, and RM-30 High-Density Multi-Family Residential Conditional-Use zones will not exceed 75.

Short-term rentals may also be authorized in a PD-GE planned development-gaming establishment, PD-HB planned development-hospitality business, PD-C planned development-commercial, or PD-I planned development-infill zone subject to an approved Planned Development master plan by the City Council.

Short-term rentals are not permitted in single-family zones: RS 5 residential single family, RS 7.5 residential single family, RS 10 residential single family, RE residential estate, RER residential estate restricted, A agriculture, and AR agriculture restricted. Short-term rentals are prohibited by any tenant or lessee in the City's harbors or marinas.

All short-term rentals shall apply as set forth below and comply with all of the following standards:

1.

Declaration of Policy

This section is intended to provide standards for short-term rentals to allow for a visitor accommodation use for properties which have the characteristics of single family residences, but providing specific limitations which should prevent the commercial exploitation of these properties.

2.

Monitoring

Short-term rentals shall maintain a guest register, which shall be made available for inspection by the City upon request. The guest register shall include the names and home addresses of transient guests, the transient guests' driver's license numbers, dates of stay, and the unit number utilized by each transient guest. All short-term rental units shall also provide, in addition to any corporate ownership information, the name, address, and phone number of a local person who shall be able to provide thirty-minute appearance response to said short-term rental unit site when so called upon by the City or other responsible authority.

3.

Additional Permit Requirements

Short-term rentals shall be authorized only upon completing all items included and recited within the Land Development Ordinance.

Individuals requesting short-term rental authorization shall be required to pay an annual application fee of $250.00; such fee is to be assessed and paid by applicant to the City of Biloxi Community Development Department, provide the name(s) of agencies (i.e., Airbnb, VRBO, Homeaway, etc.) they are affiliated with and obtain a Certificate of Occupancy, a Certificate of Zoning Compliance, a Privilege Tax License, and an Occupant Limit Card from the City of Biloxi. The Certificate of Occupancy, Certificate of Zoning Compliance, and Privilege Tax License shall not be transferred to any subsequent owner, and any change in ownership shall require new applications for all such certificates, permits, and licenses. The property owner or manager must present documentation from the Mississippi Department of Revenue or other platform demonstrating taxes have been collected and/or paid for the previous year before city license renewals will be processed.

4.

STR (Short-Term Rentals) Standards

A.

Nothing in this subsection shall be construed to permit any commercial or residential use not otherwise allowed by the specific district classification in which the short-term rentals are located.

B.

Short-term rentals shall be limited with respect to the density limits provided within Section 25-5 of the Land Development Ordinance.

C.

Exterior sign(s) advertising short-term rentals shall not be permitted on properties located in residential zoning districts.

D.

All lighting shall be compatible with the residential quality of the neighborhood in which the short-term rentals are located.

E.

Parking for short-term rentals shall be provided on site at a ratio of one parking space per unit or bedroom available, (whichever is greater). Parking shall be arranged in a style reflective of a single family residential use.

F.

The combination of parking and all structures included as part of short-term rentals shall occupy no more than 60 percent of the lot upon which this use is to be located.

G.

Any short-term rental use proposed must be in conformance with all subdivision covenants or deed restrictions in effect for the specific property site in question. The property owner shall be responsible to demonstrate compliance with this directive. Nothing in this section shall confer a right to offer a short-term rental where such use is prohibited by a homeowners' association agreement, by a rental agreement or any other restrictions, covenants, requirements or enforceable agreements.

H.

>Upon accepting any short-term rental application, the City of Biloxi will notify the State Department of Revenue, Harrison County Tax Assessor, and Hotel & Lodging Association to make them cognizant of the intention of establishing a short-term rental facility at the location offered.

I.

Short-term rentals shall be subject to annual fire inspections by the Biloxi Fire Department, or as required by City ordinance.

J.

Any violation of these short-term rental provisions may result in the remedies and penalties found in Section 23-9-6 of the Remedies and Penalties section of the Land Development Ordinance.

K.

The penalty for operating a short-term rental without a business license will be assessed a fine of $500.00 per violation per day.

L.

Short-term rentals that are located within single-family structures that are multi-story or elevated, shall be required to provide two separate and remote stairways as an emergency means of egress. Emergency stairways shall comply with the construction requirements of the currently adopted edition of the International Residential Code.

f.

Special Event Recreational Vehicle Parking

1.

Recreational Vehicle is defined as a heavy truck with more than two axles, or that exceeds 20,000 pounds of gross vehicle weight, a trailer with more than one axle, or major recreational equipment, including campers, recreational vehicles, motor homes, and travel trailers.

2.

The owner of any parcel or tract of land that intends to rent or lease space for a Recreational Vehicle during special events that meet the Tier One requirements set forth in Section 12-4-1 et seq in the Code of Ordinances shall be required to obtain a parking permit for such events. Parking shall comply with the following standards:

(A)

Maximum density is one Recreational Vehicle per 750 square feet.

(B)

No part of any Recreational Vehicle shall be within the parcel's setbacks.

(C)

Minimum of eight feet separation of vehicles from each other and from other structures.

3.

Special Event Recreational Vehicle Parking shall be authorized only upon completing an application containing:

(A)

Signature of titled owner of lot or parcel including owner's name, address, and contact information;

(B)

Dimensions of lot or parcel;

(C)

Number of spaces requested for the parcel;

(D)

Number of nights — minimum of two consecutive days and maximum of ten consecutive days; and

(E)

Payment of a nonrefundable application fee of $50.00.

4.

This authorization for Special Event Recreational Vehicle Parking is only for time periods in which a Tier One Special Event occurs. All applications must be submitted to the Community Development Department at least sixty (60) days prior to the beginning of the Special Event.

5.

Seven (7) days prior to the beginning of the Special Event, applicant shall submit the exact number of spaces offered for rent or lease and pay an additional fee of $10.00 per space per night.

6.

These requirements shall not apply to licensed recreational parks, businesses who customarily park campers, trucks or vehicles on their property as part of their business, or hotels who allow recreational parking as part of their business.

(11)

Regulated Businesses

a.

Separation Standards

1.

Purpose

The purpose of this section is to recognize two factors that are important in the balancing of the rights of those who conduct regulated business uses and the rights of those who conduct the uses from which regulated businesses must be separated:

A.

Some protected uses may be established on a very temporary basis in old storefronts or other transitory premises. Because one effect of these separation standards is to limit the number of sites available where regulated business uses can be conducted, the establishment of temporary protected uses in such locations may further restrict the number of locations in which regulated business uses are allowed to the extent that the regulation may not be fair to those conducting such uses and, in some cases, may even raise constitutional concerns;

B.

If an operator of one of the uses protected by the separation requirements decides to move to a location nearer one of the regulated business uses than the separation requirements set out in the table, the operator of that use has apparently determined that the concerns of the city in establishing these criteria do not apply to it. Under those circumstances, it is neither appropriate nor necessary to limit the future operation or expansion of one or more of the regulated business uses based on the free choice of the operator of the protected use.

C.

If the City Council approves the rezoning of any lot of record, any regulated business approved for operations by the city prior to the adoption of the amendment to the official zoning map shall not be required to comply with the separation requirements set out in Table 23-4-3(D)(11), Required Minimum Spacing Between Regulated Business Uses and Protected Uses, as the separation pertains specifically and exclusively to the rezoned area.

2.

Applicability

A.

The separation requirements set forth in Table 23-4-3(D)(11), Required Minimum Spacing between Regulated Business Uses and Protected Uses, shall be applied to require that a proposed regulated business use be located at least the specified distance away from any of the zoning districts or other uses listed in the table.

B.

An application for a Conditional Use Permit, Site Plan, Certificate of Zoning Compliance, Building Permit, or Certificate of Occupancy for any regulated business use, including an application for approval of a Site Plan, Building Permit or Certificate of Occupancy that would allow an expansion of the use by more than five percent of its gross floor area, shall be subject to the application of the separation requirements.

C.

A Building Permit or Certificate of Occupancy for remodeling that involves a reduction in gross floor area or an expansion of less than five percent of the gross floor area of the use shall not be subject to the application of these standards.

3.

Exemptions

The spacing requirements in Table 23-4-3(D)(11), Required Minimum Spacing between Regulated Business Uses and Protected Uses, shall not apply in the following circumstances:

A.

The spacing requirements as provided for the establishment of Bars, Lounges, and Nightclubs shall not apply to these specific regulated business uses when located within a Downtown (DT) or Community Redevelopment Overlay (CRO) district.

B.

If the existing use from which the spacing requirement is to be measured has existed in that location for less than one year, the spacing requirement from that use shall be applied only if the Director of Community Development determines that the holder of the business license for the premises or other active user owns the property.

C.

If the application is for an expansion of an existing regulated business use, the spacing requirements in the table shall not be applied to require its spacing from any use established after the later of September 1, 2003, or the date of initial establishment of the regulated business use.