No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered except in conformance with all of the regulations specified for the district in which it is located.

The regulations established in this ordinance within each district of article 3 shall constitute minimum regulations.

(Ord. of 4-6-20(1), Exh. A)

Nonconformities shall consist of any land, lot, building, structure, or parts thereof, or the various uses to which those items are or were put, and which lawfully existed prior to the enactment of this ordinance adopted on March 21, 2016, as amended, but which subsequently do not comply with the provisions of this ordinance and the requirements of the district wherein located. The regulations pertaining to such nonconformities are established in the district regulations and under section 3.9.

(Ord. of 4-6-20(1), Exh. A)

Any land use which is permitted as a conditional use in a particular district under the terms of this ordinance shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.

The regulations and provisions established by this ordinance for each district shall apply uniformly within each district of the same name and shall apply uniformly to each class or type of building, structure, use, or land therein except as otherwise provided.

No part of a yard or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this ordinance, shall be included as a part of yard, open space, or off-street parking or loading space similarly required for any other building.

No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

Every building or structure hereafter constructed, moved, or structurally altered shall have direct access to a public (dedicated) street or to an approved private street or parking area, and shall be so located as to provide safe and convenient access for servicing, fire protection, and required off-street parking. All private streets or "circulation drives" shall be a minimum of 20 feet wide excluding parking.

On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to impede the vision of operators of motor vehicles.

Any land annexed into the City of Brandon following enactment of this ordinance shall bear the zoning classifications of Rankin County and be subject to the zoning regulations of Rankin County with respect to permitted uses in all classifications until such time as the same is reviewed and considered by the city; however during the pendency of consideration of the city to retain the existing zoning classification or to re-zone the same, the zoning ordinances of the city shall apply with respect to lot sizes, dimensional requirements including square footage building requirements, density, off-street parking, site plan review and all other provisions with respect to any proposed uses, consistent with the comparable zoning classification of the city, unless otherwise allowed by the city. Any annexed areas in which the Rankin County zoning designation is inconsistent with the adopted comprehensive plan for the City of Brandon or which carry a zoning classification inconsistent with the city's zoning classifications or which the city determines requires reconsideration of any existing zoning, may be considered for re-zoning when due public notice of hearings is given to consider the zoning of all or part of such annexed land in accordance with the zoning ordinance of the City of Brandon. Following such public hearings and action by the mayor and board of aldermen, the annexed land shall be subject to the regulations of the city's zoning ordinance for all purposes.

No rubbish, salvage materials, junk or hazardous waste materials including inoperable vehicles and parts and any combustible matter, shall be openly stored, allowed to accumulate or kept in the open, and no weeds and other growth shall be allowed to go uncut within any district when the same shall be determined by the appropriate city official (the building inspector, fire chief, or other authorized city employee) or health official to constitute a menace to the public health and/or safety.

No structure exceeding the maximum building height allowed in any district shall be erected unless approved through the site plan review procedure as specified in section 9.9 and/or the dimensional variance procedure as specified in section 9.6 of this ordinance, as applicable.

(Ord. of 4-6-20(1), Exh. A)

a.

Every part of every required setback area shall remain open and unobstructed from the ground to the sky except as otherwise allowed in table 2.17, permitted setback area encroachments, or allowed or limited by provisions in article 4, use standards, article 5, development standards, or elsewhere in this ordinance.

b.

Front setbacks. If the average front setback on improved lots located on the same block face and in the same zoning district is less than the applicable minimum front setback, the minimum front setback required of a lot shall be reduced to that average front setback. This provision, however, does not apply to lots fronting a major arterial street.

c.

Setbacks in floodplains. Where a lot contains an area of special flood hazard, the director of community development may reduce required front, corner side, and/or side setbacks by up to 50 percent on determining the reduction is necessary to accommodate a reasonably-sized structure on the lot.

d.

Exception for future street right-of-way. The director of community development may exempt a lot from the requirement that front setbacks be measured from identified future street rights-of-way on determining that the existing street right-of-way is adequate to encompass any anticipated need for widening of the street or other improvements, and that widening the right-of-way in accordance with adopted plans would create nonconforming front setbacks for a substantial number of other structures on lots fronting the street.

(Ord. of 4-6-20(1), Exh. A)

Nothing in this ordinance shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approvals and required building permits have been legally granted before the enactment of this ordinance. Construction shall have been started within six months of the effective date of this ordinance and completed in a normal manner within a subsequent two-year period and not discontinued until completion except for reasons beyond the builder's control. All permits for which construction has not begun within six months of the effective date of amendment of this ordinance are hereby revoked and void.

a.

No accessory building or use shall be permitted in any required yard, other than a rear yard in all districts except:

i.

When located in an RR district, accessory buildings may be permitted in the required side yard.

ii.

When located in an R-12 district, accessory buildings, such as detached garages or carports, may be permitted in the required side yard only if the architecture of the accessory building matches the main dwelling and is constructed of like materials, finishes, and colors.

The rear yard is the area between the rear property line and the nearest vertical portion of the main building, and extending the full width of the lot.

b.

No accessory building or use shall be erected closer than five feet from another building.

c.

The maximum size and dimensional requirements for accessory buildings are specified in table 2.16, accessory building dimensional requirements, below.

(Ord. of 4-6-20(1), Exh. A; Ord. of 8-16-21(1))