The uses permitted in the zoning districts established by article 3 are set forth in the table of uses, table 4.1.

The director shall make a determination as to whether or not any proposed use is permitted within Brandon's zoning jurisdiction based on the uses listed in the table of uses. Whenever it is not clear whether a proposed use is or is not permitted, the director shall consult the purpose statement for each district and the latest version of the North American Industrial Classification System (NAICS) to help make a determination. Any use not specifically listed in the permitted uses table and any proposed use not substantially similar to a listed use as determined by the director after consultation shall be deemed to be prohibited.

4.3.1 In general. The following table lists uses permitted in each zoning district by:

a.

Issuance of a permit by the city without conditions; and

b.

Issuance of a permit by the city with conditions. Conditions for specific uses are listed in section 4.4. The table also denotes in which districts certain uses are not permitted.

4.3.2 Districts. The permitted uses table lists uses for each district within the city's zoning jurisdiction. Overlay districts are not listed in the table since uses allowed are governed by the underlying district.

4.3.3 Symbols.

i.

Where the symbol "P" is shown, the use to which it refers is permitted as a use by right in the indicated district, provided it complies fully with all applicable development standards of this chapter.

ii.

Where the symbol "C" is shown, the use to which it refers is conditional and must be approved by the mayor and board of aldermen. See section 9.7 conditional uses.

iii.

Where a cell is blank in the table, the use to which it refers is not permitted.

(Ord. of 12-4-17, § 2; Ord. of 4-6-20(1), Exh. A; Ord. of 8-16-21(1); Ord of 5-2-2022(3), § 1; Ord. of 10-17-2022(1); Ord. of 9-03-24(2))

4.4.1 Agricultural uses.

1.

Agriculture.

i.

Definition: The keeping, grazing, feeding, or breeding of animals by the property owner or occupant for commercial gain and/or the growing and harvesting of agricultural products to provide food, fiber, or horticultural vegetation for ornamental purposes, or any combination of these uses.

ii.

Districts permitted: RR, R-12.

iii.

Parking: This use has no parking requirements.

iv.

Loading: This use has no loading requirements.

v.

Additional standards:

• Accessory sales associated with open agricultural uses shall conform to the requirements of section 4.4.12, accessory uses.

• One single-family dwelling, occupied by the owner or manager of the farm, will be considered customary and incidental as part of this use.

• Any accessory structures must be accessory to the use of the property on which the structure is located.

4.4.2 Residential uses.

1.

Duplex.

i.

Definition: A structure containing two dwelling units on a single lot.

ii.

Districts permitted: RM-8, RM-4, RH, PUD, TND.

iii.

Parking: Two spaces per unit; units dedicated to elderly, 0.5 spaces per unit.

iv.

Loading: This use has no loading requirements

v.

Additional standards:

• A dwelling shall have a primary entrance either on the façade facing the front lot line or visible from the public right-of-way.

2.

Boarding house - rooming house.

i.

Definition: An establishment providing overnight lodging to four or fewer transient patrons.

ii.

Districts permitted: Conditional use in RH.

iii.

Parking: One space per bedroom.

iv.

Loading: This use has no loading requirements.

v.

Additional standards:

• A boarding house shall have a primary entrance either on the façade facing the front lot line or visible from the public right-of-way.

3.

Manufactured home.

i.

Definition: A structure, transportable in one or more sections, which, when erected on site, is 320 or more square feet, and which is built on a permanent chassis. These homes are designed to be used for residential purposes, with or without a permanent foundation when connected to the required utilities, and contain the necessary plumbing, heating, airconditioning, and electrical systems. A home which does not meet the minimum size requirements stated above, is a manufactured home if it either (1) is certified as such by HUD pursuant to the federal Manufactured Home Construction and Safety Standards Act, 41 U.S.C. 778 5401, et. seq., as amended, or (2) complies with the NFPA 501B/ANSI A119.1 (1973, 1974 and 1975 editions).

•  A manufactured home also means a residential building which, whether or not a manufactured home as defined above (and which under the county's prior regulations may have been defined as a mobile home), is either:

• Located in a legally existing manufactured home park in the city on the effective date of these regulations; or

• Proposed to be relocated onto a legal manufactured home space in a manufactured home park; predates the certification requirements of the Federal Manufactured Home Construction and Safety Standards Act and NFPA 501b/ANSI a119.1 (1973 through 1975 editions); and is inspected by the chief building official and determined to be in a safe, sound physical condition and to meet any other requirements for such homes as may be specified in the city's building code.

• The term manufactured home shall not include travel trailers, camper trailers, campers or self-contained motor homes or camper buses.

ii.

Districts permitted: MH: Conditional use in RR.

iii.

Parking: Two spaces per unit.

iv.

Loading: This use has no loading requirements.

v.

Additional standards:

• The mobile home shall be located in an approved mobile home park.

4.

Multifamily, four or fewer units.

i.

Definition: A structure containing four or fewer attached dwelling units used for residential occupancy.

ii.

Districts permitted: RM-4, RH, PUD, TND.

iii.

Parking: Two spaces per unit.

iv.

Loading: This use has no loading requirements.

v.

Additional standards:

• Façades shall be designed with consistent materials and treatments that wrap around all street-facing façades. There shall be a unifying architectural theme for the entire multifamily development, utilizing a common vocabulary of architectural forms, elements, materials, or colors in the entire structure.

• Building façades shall include windows, projected or recessed entrances, overhangs, and other architectural features. Three-dimensional elements, such as balconies and bay windows, are encouraged to provide dimensional elements on a façade.

• Flat roofs shall include cornices, parapets, or similar architectural details to add variety and break up the roofline.

• Where townhouse lots and dwelling units are designed to face upon an open or common access court rather than upon a street, this open court shall be a minimum of 40 feet in width and such court shall not include vehicular drives or parking areas.

• In accordance with the development ordinance of the City of Brandon, all underground utility connections shall be installed in such a manner that the utility lines do not cross the lots of adjoining townhouses other than in dedicated easements.

• Parking shall be located in the rear, or side of the structures.

5.

Multifamily, more than four units.

i.

Definition: A structure or structures containing more than four attached dwelling units used for residential occupancy.

ii.

Districts permitted: RH, VMU, PUD, TND.

iii.

Parking: One per bedroom for single bedroom units and two for each dwelling unit containing two or more bedrooms.

iv.

Parking: Shall be located in the rear, or side of the structures.

v.

Loading: One loading space is required for developments of greater than 12 units.

vi.

Additional standards:

• Façades shall be designed with consistent materials and treatments that wrap around all street-facing façades. There shall be a unifying architectural theme for the entire multifamily development, utilizing a common vocabulary of architectural forms, elements, materials, or colors in the entire structure.

• Building façades shall include windows, projected or recessed entrances, overhangs, and other architectural features. Three-dimensional elements, such as balconies and bay windows, are encouraged to provide dimensional elements on a façade.

• Flat roofs shall include cornices, parapets, or similar architectural details to add variety and break up the roofline.

• There shall be a minimum distance of ten feet between main buildings of an apartment complex containing up to eight dwelling units. Multifamily dwellings of more than eight units shall require site plan review to determine the minimum distance between buildings.

6.

Single-family.

i.

Definition: A site-built residential building designed for occupancy by one family. For the purposes of this ordinance, single-family dwelling does not refer to mobile, manufactured, modular, panelized or pre-cut homes.

ii.

Districts permitted: RR, R-12, R-8, RM-8, RM-4, RH, VMU, PUD, TND.

iii.

Parking: There shall be a minimum of two covered parking spaces, side by side, having a minimum dimension of 400 square feet per single-family dwelling unit.

iv.

Loading: This use has no loading requirements.

v.

Additional standards:

• Single-family units in RM-4, VMU, and TND may be attached.

7.

Secondary attached/detached dwelling unit.

i.

Definition: An attached or detached dwelling unit created on a lot with a principle dwelling unit. The secondary dwelling unit is created auxiliary to, and is smaller than, the main dwelling. Secondary dwelling units can be created in a variety of ways, including conversion of a portion of an existing house, addition to an existing house, or the construction of an entirely new building. Secondary dwelling units shall not be utilized for short term rentals or for transient lodgings (see bed and breakfast). Examples of secondary dwelling units are: granny flats, in-law units/suites, etc.

ii.

Districts permitted: Conditional use in RR, R-12, VMU, PUD, TND.

iii.

Parking: One space per unit.

iv.

Loading: This use has no loading requirements

v.

Additional standards:

• The principle single-family dwelling must be owner occupied and not a rented or leased dwelling unit. If, at any time, the principle dwelling is not owner-occupied, then the secondary attached/detached structure shall not be occupied as a secondary dwelling unit.

• Secondary attached/detached dwellings shall be an extension of the principle single-family dwelling and shall only be occupied by the same single-family unit.

• Secondary detached dwellings shall only be permitted on lots with a one acre minimum.

• Secondary attached dwellings shall only be permitted on lots with a one-half acre minimum.

• The setback/minimum yard requirements for the secondary detached dwelling shall be the same as the principle dwelling.

• Secondary attached/detached dwellings shall not have separate street addresses from the principle dwelling.

• Secondary attached/detached dwellings shall utilize the same driveway as the principle dwelling.

• Secondary attached/detached dwellings shall be architecturally compatible with the principle dwelling.

• Secondary attached/detached dwellings shall be limited to 30 percent of the total square footage of the heated/cooled space of the principle dwelling.

• Secondary attached/detached dwellings shall be limited to one per principle dwelling.

• Secondary detached dwellings shall be a minimum of ten feet from the principle dwelling or other accessory structures.

8.

Upper floor residential.

i.

Definition: A structure containing dwelling units on the second story or above with commercial or office space on the ground floors.

ii.

Districts permitted: NC, CC, VMU, PUD, TND.

iii.

Parking: One space per unit.

iv.

Loading: This use has no loading requirements.

v.

Additional standards: None.

4.4.3 Commercial/business service uses.

1.

Automobile body repair and painting shop.

i.

Definition: Body repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, including the incidental sale, installation, and servicing of related equipment and parts.

ii.

Districts permitted: CC, I-1, I-2.

iii.

Parking: Two spaces per 500 square feet of floor area; or One space for each regular employee, plus one space for each 300 square feet of floor area used for mechanical or body repair.

iv.

Loading: This use has no loading requirements.

v.

Additional standards:

• All repairs shall be conducted entirely within an enclosed building.

• The use shall screen all vehicles that have been accepted for repairs from view within a building or by providing a six-foot solid screening fence or six-foot solid screen evergreen hedge along the property line.

• No more than two vehicles per bay or repair/inspection station that have been accepted for repairs by the shop may be stored or parked outside after regular business hours.

• No sales of vehicles is permitted from the premises of this use.

2.

Carpenter shops, electrical, plumbing and heating shops, furniture upholstering and similar establishments.

i.

Definition: A facility providing for general building repair, service, and maintenance including installation of plumbing, roofing, signs, electrical, air conditioning, heating, and landscaping, or the making, repairing, or refinishing of furniture or wood products for sale.

ii.

Districts permitted: I-1, I-2.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards: None.

3.

Commercial printing.

i.

Definition: A facility for the reproduction, cutting, printing, or binding of materials on a bulk basis using lithography, offset printing, blueprinting, silk screening, or similar methods.

ii.

Districts permitted: I-1, I-2, conditional use in RC.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards: None.

4.

Building material sales.

i.

Definition: A facility for the sale of home, lawn, and garden supplies; landscaping materials; plants; brick; lumber; and other similar materials. This use may include the outside storage of materials.

ii.

Districts permitted: RC, I-1; and CC.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards: None.

5.

Farm equipment sales.

i.

Definition: An establishment engaged in the on-premises lease, rental, or retail sale of new or used farm equipment, with or without incidental service for minor repairs and maintenance.

ii.

Districts permitted: I-1, I-2.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• The use shall screen all building materials on the side and rear yards by placing the materials in a building or by providing a six-foot solid screening fence or six-foot solid screen evergreen hedge along the property line.

6.

Nursery, yard and garden shop, farm supply.

i.

Definition: A use, which may be wholly or partially contained within one or more greenhouses, where trees, shrubs, flowers, or vegetable plants are grown and sold. The dominant characteristic of this use includes sales of products not necessarily grown on-site.

ii.

Districts permitted: NC, CC, and RC, conditional use in RR.

iii.

Parking: One space per 1,000 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• No more than ten percent of sales may be from nonagricultural or non-horticultural products.

• One single-family dwelling, occupied by the owner, operator, or manager of the nursery will be considered customary and incidental as a part of this use.

4.4.4 Community uses.

1.

Assembly.

i.

Definition: A facility principally used for people to gather together for public worship, religious training, or other religious activities.

ii.

Districts permitted: NC, CC, RC, I-1, I-2, ORC; Conditional use in RR, R-12, R-8, RM-8, RM-4, RH, MH, VMU, PUD, TND.

iii.

Parking: One parking space for each five seats in the principal assembly hall.

iv.

Loading: One loading space if over 10,000 square feet of floor area.

v.

Additional standards:

• The structure height limitations of these regulations shall not apply to church spires, belfries, or cupolas.

• One single-family dwelling for the housing of the pastor or similar leader of the church and their family will be considered customary and incidental as a part of this use.

• Schools and daycare facilities associated with this use require conditional use review where not permitted as a primary use.

2.

Cemetery.

i.

Definition: A place designated for the burial or keeping of the remains of the dead, whether human or animal, including crematories, mausoleums, and columbaria operated within the boundaries of the cemetery.

ii.

Districts permitted: Conditional use in RR, R-12, R-8, RM-4, RH, MH, NC, ORC.

iii.

Parking: To be determined through conditional use review.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• Access. An entrance to the facility shall be provided on an arterial or collector street with ingress and egress designed to minimize traffic congestion.

3.

College or university.

i.

Definition: A place which is accredited by the State of Mississippi providing higher education beyond grade 12, which offers either a two-year or four-year degree in specific disciplines.

ii.

Districts permitted: ORC, VMU, PUD, TND; Conditional use in CC, RC

iii.

Parking: One space per 250 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• All entrances to the campus shall be from a minor arterial classification or higher.

• Facilities normally associated with a college, such as residence halls, administrative buildings, auditoriums, gymnasiums, classrooms and sports facilities shall be permitted as normal accessory uses.

4.

Community and civic association uses.

i.

Definition: Community serving organizations; headquarters and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations, civic, social and fraternal organizations, labor unions and similar organizations, political organizations, professional membership organizations, and other membership organizations.

ii.

Districts permitted: CC, VMU, PUD, TND; Conditional use in NC, RC.

iii.

Parking: One space per 250 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards: None.

5.

Hospital.

i.

Definition: An institution licensed by the state providing health services and medical or surgical care to persons. Provided services are generally on an inpatient basis, but associated care and related services may include diagnostic and laboratory services on an outpatient basis. Staff offices and central services facilities are integral parts of the facility.

ii.

Districts permitted: VMU, PUD, TND; Conditional use in CC, RC, ORC.

iii.

Parking: One space for each patient bed, plus one space for each employee.

iv.

Loading: One loading space for 10,000 square feet of floor area, plus one for each additional 25,000 square feet.

v.

Additional standards: None.

6.

Library, museum, art gallery.

i.

Definition: A public or quasi-public facility, examples of which include: aquariums, arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, planetariums, and zoos. May also include accessory retail uses such as a gift/book shop, restaurant, etc.

ii.

Districts permitted: CC, RC, VMU, PUD, TND; Conditional use in NC.

iii.

Parking: One space per 250 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards: None.

7.

Park.

i.

Definition: A public area of land intended for indoor or outdoor active or passive recreational uses and all ancillary uses, or for open space.

ii.

Districts permitted: All districts.

iii.

Parking: None.

iv.

Loading: None.

v.

Additional standards: None.

8.

School.

i.

Definition: Buildings and uses for educational or research activities associated with an academic institution which has curriculum for technical or vocational training, kindergarten, elementary, secondary, or higher education, including residential facilities for faculty, staff, and students.

ii.

Districts permitted: Conditional use in RR, R-12, R-8. RM-8, RM-4, RH, ORC, PUD, TND.

iii.

Parking:

a.

Elementary school: One space for each six students or one space for each six fixed seats (if provided) in any auditorium, gymnasium or other facility for public assembly, whichever is greater, to accommodate student and parent/visitor parking needs; plus one space for each staff member or other employee of the school.

b.

High and vocational schools: One space for each four students or one space for each four fixed seats in any auditorium, gymnasium or other facility for public assembly, whichever is greater, to accommodate student and parent/visitor parking needs; plus one space for each staff member or other employee of the school.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards: None.

4.4.5 Industrial uses.

1.

Assembly, light.

i.

Definition: Places for the conduct of any light industrial activity including but not limited to assembling; compounding; food or beverage processing; inside storage, or processing or treatment of products which do not involve the use of hazardous materials, or have the potential to generate excessive noise, odor, vibration, or other emissions.

ii.

Districts permitted: I-1, I-2, ORC.

iii.

Parking: One space per 500 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• Accessory inside retail sales may occupy up to ten percent of the total floor area of the main use.

2.

Industrial, heavy.

i.

Definition: Any manufacturing operation, research and development, or other industrial use which may involve hazardous materials, chemicals, or processes which might generate excessive noise, odor, vibration, or other emissions.

ii.

Districts permitted: I-2.

iii.

Parking: One space per 500 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• Accessory inside retail sales may occupy up to ten percent of the total floor area of the main use.

3.

Mining, quarrying and crude petroleum and natural gas production.

i.

Definition: The extraction of earth materials including oil and natural gas, by extracting directly from the exposed or buried deposits or other materials. The term mining includes, but is not limited to, such processes as open cut mining, open pit mining, strip mining, quarrying, drilling, and dredging.

ii.

Districts permitted: Conditional use in I-1, I-2; and Conditional use in RR, R-12, R-8. RM-8, RM-4, RH for dirt mining only.

iii.

Parking: This use has no parking requirements.

iv.

Loading: This use has no loading requirements.

v.

Additional standards:

• This use shall also be granted and maintain all applicable local, state, and federal permits.

• Processing of the mined material (to the extent approved through the conditional use process) may occur on the parcel where the mining is situated, or on a parcel owned or leased by the mining parcel owner, lessee, or operator provided the parcel is located within 1,000 feet of the mining parcel. No processing of oil or natural gas may occur at the site.

4.

Self-storage facility.

i.

Definition: Facilities offering enclosed storage with individual access for personal effects and household goods, including miniwarehouses and mini-storage. The storage units are not heated and cooled and the entrances to the individual spaces are accessed by exterior doors. This use excludes workshops, hobby shops, manufacturing, or commercial activity.

ii.

Districts permitted: I-1, I-2.

iii.

Parking: One space per 300 square feet of office space plus one space per 1,000 square feet of gross storage area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• All facilities shall be limited to inactive items. No retail, repair, or other commercial use shall be conducted out of the individual rental storage units.

• No storage of hazardous materials is permitted. This restriction shall be included in rental contracts and posted at a conspicuous location within the front of each rental unit.

• Open storage, outside an enclosed building, shall be limited to vehicles and trailers with a valid registration and screened from public view by building façades or solid fences of eight feet with view-obscuring gates.

• Driveway aisles shall be a minimum of 24 feet wide.

• Exterior walls visible from a public street or residential district shall be constructed of decorative block, concrete panel, stucco, or similar material. These walls shall include architectural relief through articulation, trim, change in color at the base, variations in height, the use of architectural "caps", attractive posts, or similar measures.

5.

Storage, climate controlled.

i.

Definition: A storage facility offering enclosed storage with individual access for personal effects and household goods. The facility is heated and cooled and in which the individual storage units or spaces must be accessed only from the interior of a building.

ii.

Districts permitted: I-1, I-2; conditional use in ORC.

iii.

Parking: One space per 300 square feet of office space plus one space per 1,000 square feet of gross storage area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• All facilities shall be limited to inactive items. No retail, repair or other commercial use shall be conducted out of the individual rental storage units.

• No storage of hazardous materials is permitted. This restriction shall be included in rental contracts and posted at a conspicuous location within the front of each rental unit.

• If being considered as a conditional use in certain zones, buildings shall be designed to accommodate for future re-use by taking into consideration architectural compatibility with adjacent developments, floor plate height, and height between floors (if multi-story).

6.

Storage, outdoor.

i.

Definition: Storage of vehicles or commercial goods or materials in open lots for more than 24 hours.

ii.

Districts permitted: I-1, I-2.

iii.

Parking: One space per 250 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• Construction materials stored outside at an active construction site are excluded from this use.

• Storage areas visible from public streets that are not separated from the street by intervening buildings shall be screened.

a.

Screening walls and fences shall be at least eight feet in height. If located on a lot line or in a required yard, they shall not exceed the maximum allowable fence heights in required yards.

b.

Setback. A setback shall be provided for outdoor stored material at the ratio of 1:1 from all lot lines equal to total height of stored material above required screen wall. Minimum required yards visible from off-site and not enclosed by an eight-foot screen wall are required to be landscaped.

7.

Research and development.

i.

Definition: Facilities that are primarily office uses for scientific research. This use can include the design, development, and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing. This use does not involve the fabrication, mass manufacture, or processing of the products.

ii.

Districts permitted: I-1, I-2, ORC, PUD.

iii.

Parking: One space per 300 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards: None.

8.

Warehouse.

i.

Definition: A facility used primarily for the inside storage and distribution of goods and materials, which includes land and buildings used as a relay station for the transfer of goods from one vehicle or party to another, and the parking and storage of tractor and/or other trailer units.

ii.

Districts permitted: I-1, I-2, ORC.

iii.

Parking: One parking space for each 1,000 square feet of gross floor area; plus one space for each vehicle operating from the premises.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• The parking and storage of tractor and/or other trailer units does not allow the storage either of empty inoperable trailers or trailers as storage units themselves.

10.

Data Center.

i.

Definition: A facility which houses the necessary computer servers or systems, network systems, related hardware, wiring, data transmitters and other components required for the remote storage ("cloud storage"), transfer, backup and recovery, analysis or processing of digital data. Further, a data center may also include a facility that engages in developing computer technology, software development, programming, data analytics and digital media."

ii.

Districts permitted: 1-1. 1-2. ORC.

iii.

Parking: One parking space for each 10,000 square feet of gross floor area; plus one space for each vehicle operating from the premises.

iv.

Loading: One loading space for each 50,000 square feet of gross floor area.

v.

Additional standards:

• The need for supplemental utilities will follow Section 4.4.5.10 Data Center Related Facilities.

• Any applicant must provide a site plan produced by a registered engineer illustrating parking and circulation in accordance with the Institute of Transportation Engineers standards.

11.

Data Center Related Facilities.

i.

Definition: This term shall include the on-site exterior equipment and facilities necessary for the safe, secure and compatible operation of a Data Center. Such equipment and facilities may include, but is not limited to: HVAC equipment, back-up power generation units, sound attenuation devices, equipment and facilities necessary to interface with the electric power grid system, and electric power switches and transformers including, without limitation, public/quasi-public facilities and utilities.

ii.

Districts permitted: 1-1. 1-2, ORC.

ii.

Parking: N/A

iii.

Loading: N/A

v.

Additional standards:

4.4.6 Lodging and community housing uses.

1.

Bed and breakfast.

i.

Definition: An owner-occupied or tenant occupied single-family dwelling unit offering transient lodging accommodations within that dwelling where meals may be provided.

ii.

Districts permitted: NC, CC, VMU, PUD, TND; conditional use in RR and R-12.

iii.

Parking: One space per guest room in addition to the two spaces required for the owners.

iv.

Loading: None.

v.

Additional standards:

• A bed and breakfast may have no more than three guest rooms or serve no more than six guests per night.

2.

Convalescent home, nursing home, or assisted living.

i.

Definition: A residential facility for three or more persons licensed by the state to provide special care and supervision to convalescents, invalids, and/or aged persons, but where no persons are kept who suffer from mental sickness or disease or physical disorder or ailment which is normally treated within sanitariums or hospitals. Special care in such a facility includes, but is not limited to, nursing, feeding, recreation, boarding and other personal services.

ii.

Districts permitted: Conditional use in CC, NC, RC, ORC.

iii.

Parking: One space per 400 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• This use shall also be granted and maintain all applicable local, state, and federal permits.

3.

Group home.

i.

Definition: A residential facility for six or more persons, either adults or minors, who for various reasons cannot reside in their natural home and where 24-hour adult care, supervision and consultation exists under license of the State of Mississippi.

ii.

Districts permitted: Conditional Use in RH, PUD.

iii.

Parking: One space per two beds.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• No group home shall be located on a lot within 1,200 feet, measured by a straight line in any direction, from the lot line of another group home;

• The number of residents is limited by applicable state laws, including any minimum square footage requirement per person, but in no event shall the number of residents exceed ten;

• This use shall also be granted and maintain all applicable local, state, and federal permits.

4.

Hotel.

i.

Definition: A building or buildings where lodging is provided for more than 12 persons, who are usually but not always transients, for compensation.

ii.

Districts permitted: CC, RC, ORC, VMU, PUD.

iii.

Parking: One space for each guest room.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards: None.

4.4.7 Office uses.

1.

Office.

i.

Definition: Places of business of individuals engaged in providing personal services, such as attorneys, architects, accountants, real estate brokers, and similar professions.

ii.

Districts permitted: NC, CC, RC, I-1, I-2, ORC, VMU, PUD, TND.

iii.

Parking: One space per 300 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards: None.

2.

Medical office.

i.

Definition: A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis. Includes medical offices (for example offices for chiropractors, dentists, medical doctors, optometrists, prescription opticians, psychologists, etc.), outpatient facilities which may include surgery, urgent care facilities, dental laboratories, and medical laboratories.

ii.

Districts permitted: NC, CC, RC, I-1, I-2, ORC, VMU, PUD, TND.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: None.

v.

Additional standards: None.

4.4.8 Recreation uses.

1.

Athletic fields.

i.

Definition: A recreational area providing parks and playfields.

ii.

Districts permitted: RC, I-1, I-2, PUD, TND; Conditional use in CC, ORC.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• If lighted, the use requires conditional use approval.

2.

Commercial recreation.

i.

Definition: An indoor and/or outdoor area or structure(s) operated for profit and devoted to facilities and equipment for recreational purposes, including, but not limited to, swimming pools, tennis courts, racquetball courts, dance and other similar uses, whether the use of such area is limited to private membership or whether open to the public upon the payment of a fee.

ii.

Districts permitted: CC, RC, I-1, I-2, ORC, VMU, PUD, TND; Conditional use in NC.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards: None.

3.

Golf course, country club.

i.

Definition: A recreational facility primarily used for the purpose of playing golf, but which may include associated eating and drinking areas, retail sales areas, and staff offices.

ii.

Districts permitted: PUD, Conditional use in NC, CC, RC.

iii.

Parking: Parking and loading analysis required.

iv.

Loading: Parking and loading analysis required.

v.

Additional standards: None.

4.

Horse riding stables.

i.

Definition: An establishment where different people per month, other than the owner or manager of the property, are, for a fee, trained or instructed in riding, driving, or showing horses.

ii.

Districts permitted: PUD, TND.

iii.

Parking: Sufficient to accommodate the use.

iv.

Loading: Sufficient to accommodate the use.

v.

Additional standards:

• Conditional use review is required for any equestrian center with amplified sound and/or lighted outdoor riding, driving, or showing of horses.

• Unlighted outdoor equestrian arenas shall be set back 300 feet from existing schools, churches and dwelling on other lots, unless reduced through a conditional use review.

• One single-family dwelling, occupied by the owner or manager of the use, will be considered.

• Boarding of horses is permitted.

4.4.9 Retail and personal service uses.

1.

Adult business.

i.

Definition: Entertainment that is distinguished or characterized by an emphasis on material depicting, describing, or relating to specified sexual activities or specified anatomical areas. Uses shall be subject to the regulations of chapter 10 of the Brandon City Code and shall include, but shall not be limited to, the following:

• Adult bookstore: An establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals and goods and items held for sale which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or sections devoted to the sale or display of such material.

• Adult photo studio: An establishment that, upon payment of a fee, provides on-premises photographic equipment, services, and/or models for the purpose of photographing specified anatomical areas.

• Adult theater: A theater used for the presentation of material distinguished or characterized by an emphasis on material depicting, describing, or relating to specified sexual activities.

ii.

Districts permitted: Conditional use in I-1, I-2.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• All adult uses shall be located a minimum of 500 feet from any residential use, place of worship, educational facility, park/playground, public or cultural facility.

• An adult use shall be located a minimum of 2,000 feet from any other adult use.

• No adult use may be maintained or operated in any manner that causes, creates, or allows public viewing of any adult material, or any entertainment depicting, describing, or relating to specified sexual activities or specified anatomical areas, from any public or private right-of-way or any property.

2.

Animal care, vet clinic.

i.

Definition: A facility where sick or injured animals are given medical or surgical care and, in the course of same, may be housed overnight, fed, and provided related services.

ii.

Districts permitted: NC, CC, RC, I-1, I-2, ORC.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• All animals shall be confined within an enclosed area.

• When adjacent to an existing residential use, indoor areas containing cages or pens are not permitted to have operable windows, doors, or other penetrations on exterior walls adjacent to the residence, unless required by the building code.

• Exterior kennels require conditional use review.

3.

Automobile sales and rental.

i.

Definition: An establishment engaged in the display, sale, leasing, or rental of new or used automobiles and light trucks. Vehicles included, but are not limited to, automobiles, light trucks, vans, and motorcycles. May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships.

ii.

Districts permitted: CC, RC; conditional use in I-1 and I-2.

iii.

Parking: One space per 300 square feet of floor area; plus one space per each 2,000 square feet of outside sales and display area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• Minimum lot size of two acres is required for this use.

• The sales building must be 4,000 square feet or greater.

• No person shall park a vehicle upon any roadway for the principal purpose of displaying such vehicle for sale; or washing, greasing or repairing such vehicle, except repairs necessitated by an emergency.

4.

Bail bonding.

i.

Definition: An establishment where pledging United States currency, United States postal money orders, cashier's checks, a surety bond or other property as bail for a person in connection with a judicial proceeding, and receiving or being promised therefore money or other things of value.

ii.

Districts permitted: Conditonal use in CC.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: None

v.

Additional standards: None.

5.

Bar, nightclub.

i.

Definition: A building or part of a building used primarily for the sale or dispensing of alcoholic beverages or liquor by the drink. Live entertainment is permitted, subject to all applicable city regulations.

ii.

Districts permitted: CC, RC, VMU, PUD, TND.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• Bars are permitted in restaurants provided they are less then 50 percent of the serving area.

6.

Car wash.

i.

Definition: Any building, premises or portions thereof used for the washing, polishing or detailing of automobiles and other light motor vehicles.

ii.

Districts permitted: CC, RC.

iii.

Parking: Three spaces for each service bay. Space inside the service bay shall be considered a parking space.

iv.

Loading: None.

v.

Additional standards:

• Stacking length—80 feet per bay at entrance, 20 feet per bay at exit.

7.

Check cashing and title loan business.

i.

Definition: Establishments that, for compensation, engage in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification also includes the business of deferred deposits, whereby the facility refrains from depositing a personal check written by a customer until a specific date pursuant to a written agreement. Non-institutional banking does not include state or federally chartered banks, savings associations, credit unions, or industrial loan companies.

ii.

Districts permitted: Conditional use in RC.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: None.

v.

Additional standards: None.

8.

Convenience store, gas station.

i.

Definition: A small store (15,000 square feet gross floor area or less) which deals in grocery items of a convenience nature which includes the sale of fuel. May also include car wash facilities and/or provide minor automobile repair services.

ii.

Districts permitted: CC, 1-1, 1-2, PUD; conditional use in NC, RC, ORC, TND.

iii.

Parking: One space per gas pump, plus two spaces per service bay.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• A one bay car wash may be accessory to the vehicle service center.

• One stacking space per pump island on either end, and one stacking space for each service and car wash bay.

• Structures and all pump islands, compressed air connections, and similar equipment shall be set back a minimum of 20 feet from side and rear lot lines.

• No access driveway may exceed 25 feet in width. For a corner lot, curb cuts are restricted to one curb cut per street frontage.

• The minimum distance between the canopy and the curb line shall be 12 feet and 20 feet from any interior lot line.

• Motor vehicle repair is permitted as part of a gas station use. However, repair work is limited only to minor repair work, such as tire or tube repairing, battery changing, lubrication, engine tune-ups, brake and muffler repair or replacement, and similar types of work. Minor repair work does not include replacement of engines, replacement of transmissions, or any body work. All repair work shall be conducted entirely within an enclosed structure. Storage of all merchandise, auto parts, and supplies shall be within an enclosed structure.

• Light fixtures mounted under canopies should be completely recessed into the canopy with flat lenses that are translucent and completely flush with the bottom surface (ceiling) of the canopy.

• The sides (fascia) of the canopy should extend below the lens of the fixture 12 inches to block the direct view of the light sources and lenses from property line.

• Lights should not be mounted on the top or sides (fascias) of the canopy, and the sides (fascia) should not be illuminated.

• Buildings that derive their image solely from applied treatments that express corporate identity are prohibited.

• All sides of a building should express consistent architectural detail and character. All site walls, screen walls and pump island canopies and other outdoor covered areas should be architecturally integrated with the building by using similar material, color and detailing.

• The use of highly reflective or glossy materials should be limited and will not be appropriate in all contexts.

• Architectural integration of canopy to building and site walls is desirable. Multiple canopies or canopies that express differing architectural masses are encouraged.

• Canopy height, as measured from the finished grade to the lowest point on the canopy fascia, should not exceed 13 feet nine inches. The clearance height of canopies should be clearly indicated on the structure or through use of a headache bar. The overall height of canopies should not exceed 17 feet.

• Lighted bands or tubes or applied bands of corporate color are discouraged.

• All display items for sale should occur within the main building or within designated areas that are screened from public streets.

• The use of translucent materials and internally lighted cabinets are discouraged as finishes or as applied treatments at the pump island or on the canopy.

• The use of super-graphics is prohibited.

• The cladding of the canopy columns must be proportioned to the height and scale of the canopy.

9.

Convenience grocery store.

i.

Definition: A small store (15,000 square feet gross floor area or less) that stocks a range of everyday items such as groceries, medicine, pharmaceuticals, toiletries, alcoholic and soft drinks, tobacco products, and/or household items. A convenience grocery store does not include the sale of fuel nor carwash facilities.

ii.

Districts permitted: CC, PUD; conditional use in NC, RC, ORC, TND, I-1, and I-2.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards: None.

10.

Day care.

i.

Definition: A facility licensed by the state providing care for the five or more children, or adults in a protective setting for less than 24 hours a day.

ii.

Districts permitted: NC, CC, RC, I-1, I-2, ORC, VMU, PUD, TND; conditional use in RR, R-12, R-8. RM-8, RM-4, RH.

iii.

Parking: One space per 400 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• Hours of operation in a residential district. When the site is located within a residential district, day care facilities shall operate only Monday through Friday. No outdoor play is allowed before 7:00 a.m. or after 8:00 p.m.

• Pick-up and drop-off. A plan and schedule for the pick-up and drop off of children or clients shall be provided prior to approval. The plan shall demonstrate that adequate parking and loading are provided to minimize congestion, and it shall demonstrate that the plan for pick-up and drop-off of children or clients does not require passing through traffic.

• Outdoor play areas. Outdoor play areas shall not be located along major arteries or adjacent to industrial uses.

• Screening of outdoor play areas. Outdoor play areas shall have a screening feature around the perimeter adjacent to the public right-of-way, outside of the minimum front and side setbacks. Screening shall add to the visual diversity of the use and need not be an opaque barrier.

• State and other licensing. All day care facilities shall be state licensed and operated according to state and all other applicable regulations.

11.

Dry cleaner.

i.

Definition: An establishment where laundry or dry cleaning is dropped off and picked up by customers, and that also includes on-site laundry and/or cleaning activities. This use excludes large-scale bulk cleaning plants.

ii.

Districts permitted: NC, CC RC, I-1, I-2, VMU, PUD, TND.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• Stacking length—40 feet per window.

12.

Emergency medical facility.

i.

Definition: A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This does not include private medical and dental offices that typically require appointments and are usually smaller scale.

ii.

Districts permitted: CC, RC, I-1, I-2, PUD.

iii.

Parking: One space per 250 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards: None.

13.

Farmer's market.

i.

Definition: A retail market featuring foods sold directly by farmers to consumers.

ii.

Districts permitted: CC, RC, VMU, PUD, TND.

iii.

Parking: Parking and loading analysis required.

iv.

Loading: Parking and loading analysis required.

v.

Additional standards:

• Farmers markets must be operated by one or more certified producers, a nonprofit organization, or a local government agency.

• At least 70 percent of vendors must be farmers, ranchers, and other businesses who sell food, plants, flowers, and added value products such as jams and jellies.

• A management plan shall be prepared and provided to the director. The management plan shall include the following:

• Identification of a market manager or managers, who shall be present during all hours of operation.

• A set of operating rules addressing the governance structure of the market, the method of assigning booths and registering vendors, hours of operation, maintenance, security, refuse collection, and parking.

• Market activities shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. Set-up of market operations shall begin no earlier than 6:00 a.m., and take-down shall end no later than 8:00 p.m.

• Adequate composting, recycling, and trash containers shall be provided during hours of operation, and shall be removed from site for appropriate disposal. The site shall be cleaned at the end of each day of operations, including the removal of all stalls and debris.

14.

Financial services.

i.

Definition: An establishment authorized by the government to accept deposits, pay interest, clear checks, make loans, act as an intermediary in financial transactions, and provide other financial services to its customers.

ii.

Districts permitted: NC, CC, RC, ORC, VMU, PUD, TND.

iii.

Parking: One space per 400 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• Stacking length—40 feet per window.

• Stacking length—80 per ATM kiosk.

15.

Funeral home, mortuary.

i.

Definition: An establishment primarily engaged in the care, preparation, or disposition of human remains and conducting memorial services. Typical uses include a crematory, columbarium, mausoleum, or mortuary.

ii.

Districts permitted: CC, RC.

iii.

Parking: One space per 100 square feet used for public assembly plus one space per 400 square feet of office area.

iv.

Loading: One loading space.

v.

Additional standards: None.

16.

Liquor store, package store.

i.

Definition: A store exclusively for the retail sale of sealed and unopened alcoholic beverages as permitted pursuant to MCA 1972 § 67-1-51.

ii.

Districts permitted: Conditional Use in CC.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

•

A liquor store shall have a minimum of 1,800 square feet heated and cooled area.

•

Any conditional use approval where the applicant proposes to occupy an existing building shall be contingent upon the removal, prior to occupancy, of all trademarks to include any logo, symbol, phrase, word, name, or design and all trade dress including all elements used to promote a specific service or product, including but not limited to architectural features, associated and/or uniquely identifiable with a national or regional franchise or brand such that the location of the liquor store does not recollect, remind or otherwise invoke consideration by reasonable observation that the building and/or premises was previously occupied and/or otherwise used for any commercial purpose by a prior national or regional retailer, manufacturer or other occupant.

•

Any conditional use approval for a liquor store shall terminate unless the applicant has obtained a building permit within 180 days of such conditional use approval. Work must begin within 180 days of the issuance of any building permit. If any such store is discontinued or abandoned for 180 consecutive days or for 18 months during any three-year period, the conditional use permit shall be revoked.

•

All liquor stores shall be subject to all other applicable provisions of chapter 6, Alcoholic Beverages, of the Brandon Code of Ordinances.

17.

Motor vehicle service, minor.

i.

Definition: An establishment that provides services in repairs to motor vehicles, motorcycles, and other recreational vehicles.

ii.

Districts permitted: CC, RC, I-1, I-2.

iii.

Parking: One space for each regular employee, plus one space for each 300 square feet of floor area used for mechanical or body repair.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• All repair and service operations shall be performed within a fully enclosed building. All equipment and parts shall be stored indoors.

• All vehicle service establishments shall be screened along interior side and rear lot lines with a solid wall or fence, a minimum of five feet and a maximum of eight feet in height.

• No partially dismantled, wrecked, or unlicensed vehicle shall be stored outdoors on the premises. This standard does not apply to vehicles under repair.

18.

Movie theater.

i.

Definition: A building or part of a building devoted to the showing of motion pictures on a paid admission basis.

ii.

Districts permitted: CC, RC, ORC, VMU, PUD.

iii.

Parking: One per four seats of theater rooms.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards: None.

19.

Pawn shop.

i.

Definition: An establishment wherein the business of a pawnbroker is conducted. A pawnbroker shall be any person who lends or advances money or other things for profit on the pledge and possession of personal property, or other valuable things, other than securities or written or printed evidences of indebtedness, or who deals in the purchasing of personal property or other valuable things on condition of selling the same back to the seller at a stipulated price.

ii.

Districts permitted: I-2.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: None.

v.

Additional standards: None.

20.

Personal services.

i.

Definition: Provision of regularly needed services of a personal nature, including, but not limited to barber shops and beauty salons, day spas, fitness studios, seamstresses, tailors, shoe repair shops, self-service laundries, and travel agencies mainly intended for the consumer.

ii.

Districts permitted: NC, CC, RC, VMU, PUD, TND.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• Stacking length—80 feet per window.

21.

Psychic, palm reader, fortune teller, or similar use.

i.

Definition: Any person, business or establishment which practices the telling of fortunes, forecasting of futures, or reading the past, by means of any occult, psychic power, faculty, force, clairvoyance, cartomancy, psychometry, phrenology, spirits, tea leaves, tarot cards, scrying, coins, sticks, dice, sand, coffee grounds, crystal gazing or other such reading, or through mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy or other craft, art, science, talisman, charm, potion, magnetism, magnetized article or substance, or by any such similar thing or act. It shall also include effecting spells, charms, or incantations, or placing, or removing curses or advising the taking or administering of what are commonly called love powders or potions in order, for example to get or recover property, stop bad luck, give good luck, put bad luck on a person or animal, stop or injure the business or health of a person or shorten a person's life, obtain a success in business, enterprise, speculation and games of chance, win the affection of a person, make one person marry or divorce another, induce a person to make or alter a will, tell where money or other property is hidden, make a person to dispose of property in favor of another, or other such similar activity.

ii.

Districts permitted: I-2.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards: None.

22.

Restaurant with drive-through.

i.

Definition: An establishment for the sale and consumption of food and beverages on the premises, which includes drive through service.

ii.

Districts permitted: CC, RC; conditional use in VMU.

iii.

Parking: One space for each 75 square feet of floor area devoted to patron use, plus one space every 200 square feet of kitchen area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• Bars are permitted in restaurants provided they are less than 50 percent of the serving area.

• Stacking length—drive-thru lanes shall be a minimum of 180 feet in length to provide on-site storage for a minimum of ten vehicles, as measured from the forward most drive-thru window to the entrance to the queuing space.

• Stacking lanes shall be physically separated from all parking areas and driveways by the use of raised islands, or other forms of barriers. Provide decorative paving treatments and soft landscaping for the barriers where possible.

• In locating the stacking lane, avoid blocking access to parking spaces and loading and service areas.

23.

Restaurant without drive-through.

i.

Definition: An establishment for the sale and consumption of food and beverages on the premises.

ii.

Districts permitted: NC, CC, RC, ORC, VMU, PUD, TND; conditional use in I-1.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• Bars are permitted in restaurants provided they are less than 50 percent of the serving area.

24.

Retail stores.

i.

Definition: The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes, but is not limited to, department stores, clothing stores, furniture stores, pet supply stores, hardware stores, toys, hobby materials, handcrafted items, jewelry, cameras, pharmacies, electronic equipment, sporting goods, antiques, art galleries, art supplies and services, office supplies, bicycles, video rental, and new automotive parts. Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs.

ii.

Districts permitted: NC, CC, RC, ORC, VMU, PUD, TND; conditional use in I-1.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards: None.

25.

Studios for work and/or teaching.

i.

Definition: Work space for an artist or artisan, including individuals practicing one of the fine arts or performing arts, or an applied art or craft. This use may include incidental display and retail sales of items produced on the premises and instructional space for small groups of students.

ii.

Districts permitted: NC, CC, RC, I-1, ORC, VMU, PUD, TND.

iii.

Parking: One space per 500 square feet of floor area, but not less than two spaces.

iv.

Loading:: One loading space for 10,000 square feet of floor area.

v.

Additional standards: None.

26.

Tattoo parlor.

i.

Definition: An establishment whose principal business activity is the practice of one or more of the following:

a.

The placing of designs, letters, figures, symbols, or other marks upon or under the skin, using ink or similar substances, by means of the use of needles or other instruments designed to contact or puncture the skin.

b.

The creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

ii.

Districts permitted: I-2.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading:: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• Any person who is engaged in the business of tattooing or body modification shall provide evidence of registration with the county department of health and city codes.

• A sign shall be posted on the door or in view of the entrance stating that no person under the age of 18 is allowed on site, unless accompanied by a parent or legal guardian.

27.

Tobacco and/or beer retailer.

i.

Definition: A commercial establishment typically less than 10,000 square feet of gross sales area which may or may not declare itself through name or advertising to be oriented specifically to the selling of tobacco and/or beer and/or light wine and where the sale and/or display of tobacco and/or beer and/or light wine accounts for 75 percent of gross sales area and/or gross sales receipts. This use also includes businesses which retail vaping devices, also known as e-cigarettes, e-vaporizers, or electronic nicotine delivery systems.

ii.

Districts permitted: CC; conditional use in RC.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards: None.

28.

Truck stop.

i.

Definition: An establishment primarily selling retailing automotive fuels and other services to tractor-trailer trucks. This use may also involve providing repair services, retail sales, restaurant, and showers.

ii.

Districts permitted: Conditional use in CC.

iii.

Parking: One space per gas pump, plus two spaces per service bay.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• The parcel on which the truck stop is located must be within 2,500 feet of the centerline of the nearest interstate highway exit/entry ramp.

• The major collector serving the truck stop shall handle any expected traffic and load increase with no more than minor traffic disruptions to adjoining or nearby (within one mile) properties and no significant additional wear and tear on the roadway.

• Fueling areas for automobiles and fueling areas for trucks must be separated.

• Overnight parking is not allowed unless electrified parking spaces (EPS), also known as truck stop electrification, is installed for each overnight space to allow truck drivers to provide power to necessary systems, such as heating, air conditioning, or appliances, without idling the engine.

• One stacking space per pump island on either end, and one stacking space for each service bay.

• All structures and pump islands, compressed air connections, and similar equipment shall be set back a minimum of 20 feet from side and rear lot lines.

• No access driveway may exceed 25 feet in width. For a corner lot, curb cuts are restricted to one curb cut per street frontage.

• The minimum distance between the canopy and the curb line shall be 12 feet and 20 feet from any interior lot line.

• Motor vehicle repair is permitted as part of a gas station use. However, repair work is limited only to minor repair work, such as tire or tube repairing, battery changing, lubrication, engine tune-ups, brake and muffler repair or replacement, and similar types of work. Minor repair work does not include replacement engines, replacement of transmissions, or any body work. All repair work shall be conducted entirely within an enclosed structure. Storage of all merchandise, auto parts, and supplies shall be within an enclosed structure.

• Light fixtures mounted under canopies should be completely recessed into the canopy with flat lenses that are translucent and completely flush with the bottom surface (ceiling) of the canopy.

• The sides (fascia) of the canopy should extend below the lens of the fixture 12 inches to block the direct view of the light sources and lenses from property line.

• Lights should not be mounted on the top or sides (fascias) of the canopy, and the sides (fascia) should not be illuminated.

• Buildings that derive their image solely from applied treatments that express corporate identity are prohibited.

• All sides of a building should express consistent architectural detail and character. All site walls, screen walls and pump island canopies and other outdoor covered areas should be architecturally integrated with the building by using similar material, color and detail.

• The use of highly reflective or glossy materials should be limited and will not be appropriate in all contexts.

• Architectural integration of canopy to building and site walls is desirable. Multiple canopies or canopies that express differing architectural masses are encouraged.

• Canopy height, as measured from the finished grade to the lowest point on the canopy fascia, should not exceed 13 feet nine inches. The clearance height of canopies should be clearly indicated on the structure or through use of a headache bar. The overall height of canopies should not exceed 17 feet.

• Lighted bands or tubes or applied bands of corporate color are discouraged.

• All display items for sale should occur within the main building or within designated areas that are screened from public streets.

• The use of translucent materials and internally lighted cabinets are discouraged as finishes or as applied treatment at the pump island or on the canopy.

• The use of super-graphics is prohibited.

• The cladding of the canopy columns must be proportioned to the height and scale of the canopy.

4.4.10 Transportation uses.

1.

Airport.

i.

Definition: The area comprising land used by aircraft for taking off and landing, together with all adjacent land and facilities used in connection with aircraft and flight operations, existing and proposed.

• Airports, publicly owned. The area comprising airports owned by a public agency such as the county or a municipal government.

• Landing strips and helistops, privately owned. The area comprising landing strips or helistops located primarily on land owned by a private landowner.

ii.

Districts permitted: I-2.

iii.

Parking: Parking and loading analysis required.

iv.

Loading: Parking and loading analysis required.

v.

Additional standards: None.

2.

Railroad facilities.

i.

Definition: Railroad land used for through tracks, or areas used for classification yards, switch tracks, team tracks, storage tracks and freight yards.

ii.

Districts permitted: I-2.

iii.

Parking: One space per 1,000 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards: None.

3.

Truck terminal.

i.

Definition: Facilities for freight, courier, and postal services by truck or rail. This classification does not include local messenger and local delivery services.

ii.

Districts permitted: I-1, I-2.

iii.

Parking: One space per 1,000 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards: None.

4.4.11 Utility uses.

1.

Public or quasi-public utilities and related facilities.

i.

Definition: Facilities which provide service to the public of water, sewer, gas, electricity, telephone, fiber-optic communication, and cable television. The foregoing shall be deemed to include facilities and appurtenances to the above uses but shall not include public utility generating plants or offices.

ii.

Districts permitted: Conditional use in all districts.

iii.

Parking: None.

iv.

Loading: None.

v.

Additional standards: None.

2.

Wireless telecommunication facilities.

i.

Definition: A facility used for the transmission or reception of electromagnetic or electrooptic information, which is placed on a new structure, requires accessory structures, or exceeds the height requirements of the district in which it is located. This use does not include any not used for communication, or radio frequency machines which have an effective radiated power of 100 watts or less.

ii.

Districts permitted: Conditional use in all districts.

iii.

Parking: This use has no parking requirements.

iv.

Loading: This use has no loading requirements.

v.

Additional standards:

• Towers: Wireless telecommunications towers and related equipment facilities shall be allowed upon approval with a conditional use permit. Co-location on existing towers is subject only to an administrative review.

• Building-mounted: Building-mounted telecommunications shall be integrated into the design of the building or be fully screened, and in either case must receive development plan approval as a building modification. Satellite dishes not exceeding two feet in diameter shall be permitted in any zoning district. Building-mounted dishes shall require administrative review, except for residential uses. Building-mounted dishes greater than two feet in diameter are permitted only in commercial, mixed-use, and office/industrial districts and shall require a use permit.

• Co-location: Wireless telecommunication facilities may be co-located, subject to administrative review only. Any addition to the existing height or change in appearance of the tower, as determined by the community development director, or designee, to facilitate co-location may require a use permit. Wireless telecommunication facilities to be attached to existing light, power or telephone poles shall require a use permit.

• Application requirements. An applicant for a new wireless telecommunication facilities use permit shall submit the following information:

a.

Use permit application, including a development plan when applicable.

b.

For towers, monopoles, and similar proposals, a visual study containing, at a minimum, a vicinity map depicting where, within a one-half mile radius, any portion of the proposed wireless telecommunication facilities could be visible, and a scaled graphic simulation showing the appearance of the proposed tower and accessory structures from two separate points within the impacted vicinity, accompanied by an assessment of potential mitigation measures. Such points are to be mutually agreed upon by the community development director, or designee, and the applicant.

c.

Documentation of the steps that will be taken to minimize the visual impact of the proposed wireless telecommunication facilities.

d.

A landscape plan drawn to scale that is consistent with the need for screening at the site. Any existing vegetation that is to be removed must be clearly indicated and provisions for mitigation included where appropriate.

e.

A feasibility study for the co-location of telecommunication facilities as an alternative to new structures. The feasibility study shall include:

• An inventory, including the location, ownership, height, and design of existing wireless telecommunication facilities within one-half mile of the proposed location of a new wireless telecommunication facilities. The city may share such information with other applicants seeking permits for WTFs, but shall not, by sharing such information, in any way represent or warrant that such sites are available or suitable.

• Applicant shall document efforts made to co-locate on existing towers. Each applicant shall make a good faith effort to contact the owners of existing or approved towers and shall provide a list of all owners contacted in the area, including the date, form and content of such contact. Co-location shall not be precluded simply because a fee for shared use is charged, or because of reasonable costs necessary to adapt the existing and proposed uses to a shared tower. Co-location costs exceeding new tower development are presumed to be unreasonable.

f.

The community development director, or designee, may request any other information deemed necessary to fully evaluate and review the application and the potential impact of a proposed tower and/or antenna.

• Abandoned tower/antenna: The wireless telecommunication tower/antenna shall be removed within 90 days of discontinuance of the tower/antenna's use.

4.4.12 Accessory uses. An accessory use must be a use customarily incidental to and on the same parcel as the main use. Except as provided in this article, an accessory use must comply with all regulations applicable to the main use.

1.

Collection boxes.

i.

Definition: Containers, or other facilities used to collect used clothing and household items, or recycling materials.

ii.

Districts permitted: I-1.

iii.

Parking: Two spaces.

iv.

Loading: None.

v.

Additional standards:

• Collection facilities that are not part of the principal use of the property shall not exceed a building site footprint of 250 square feet.

• Space shall be included for the periodical removal or exchange of materials or containers.

• No power-driven processing equipment, except for reverse vending machines, may be used.

• Facilities shall not be located within 50 feet of a residential district.

• Facilities shall be set back at least ten feet from any street lot line and not obstruct pedestrian or vehicular circulation.

• Containers shall be constructed of durable waterproof and rustproof materials and secured from unauthorized removal of material.

• Capacity shall be sufficient to accommodate materials collected in the collection schedule.

• Containers shall be clearly marked to identify the type of accepted material, the name and telephone number of the facility operator and the hours of operation.

• The maximum sign area shall be 16 square feet.

• Patrons and the attendant shall not reduce available parking spaces below the minimum number required for the main use.

• Sites shall be maintained clean, sanitary, and free of litter and any other undesirable materials. Noise and odors shall be contained within immediate area of the establishment so as not to be a nuisance to neighbors.

2.

Home occupation.

i.

Definition: A home occupation shall mean an accessory use consisting of a vocational activity conducted inside a dwelling unit or its accessory structures, and used only by the individuals who reside therein and one employee, provided that the home occupation:

• Does not result in noise or vibration, light, odor, dust, smoke, or other air pollution noticeable at or beyond the property line;

• Includes only the incidental sale of stocks, supplies, or products;

• Is clearly subordinate to the use of the lot for dwelling purposes and does not change the character of the lot;

• Does not include the outside storage of goods, materials, or equipment; and

• Has signs limited to a non-illuminated identification sign two square feet or less in size.

ii.

Districts permitted: RR, R-12, R-8, RM-8, RM-4, RH, MH, VMU, PUD, TND.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: None.

v.

Additional standards:

• There shall be no public display of stock in-trade upon the premises.

• Not more than 25 percent of the floor area of a dwelling shall be used for the conduct of a home occupation. Any accessory building used in connection with a home occupation shall not exceed 450 square feet in area.

• No traffic shall be generated by such home occupations in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupations shall be met off the street and other than in a required yard. Furthermore, an ample amount of such off-street parking shall be provided to meet the maximum anticipated need at any time of the day.

• There shall be no exterior lighting which would indicate that the dwelling and/or accessory building is being utilized in whole or in part for any purpose other than residential purposes.

• No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, or odors detectable to the normal senses off the lot if the occupation is conducted in a single-family or two-family residence (or in any accessory structure on the same premises with a single- or two-family residence), or outside of the dwelling unit if conducted in a multifamily dwelling unit building or complex. Furthermore, no equipment or process shall be used in any home occupation which creates visual or audible electrical interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

4.4.13 Temporary uses.

1.

Construction trailer or sales office.

i.

Definition: A facility temporarily used as a construction or sales office.

ii.

Districts permitted: By special authorization of the building official in all districts.

iii.

Parking: To be determined by the building official.

iv.

Loading: None.

v.

Additional standards:

• A construction trailer, or sales office may be established and operated until the time of the certificate of occupancy, or completion of the sale of the lots or residences within the subdivision, or for a duration specified as a condition of the temporary use permit.

• Real estate sales conducted from a temporary sales office are limited to sales of lots within the subdivision it is located and to other subdivision projects under the same ownership.

2.

Garage sales.

i.

Definition: The sale of tangible personal property at retail by a person who is not in the business of selling tangible personal property at retail.

ii.

Districts permitted: RR, R-12, R-8, RM-8, RM-4, RH, MH, VMU, PUD, TND.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: None.

v.

Additional standards:

• Sales may occur no more than four times a year for no more than three days on each occurrence.

• A person shall not sell merchandise acquired solely for the purpose of resale at a garage or occasional sale.

3.

Mobile food sales.

i.

Definition: The sale of consumable food for immediate consumption which is located temporarily for this purpose.

ii.

Districts permitted: NC, CC, RC, I-1, I-2, ORC, VMU, PUD, TND.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: None.

v.

Additional standards:

• No vendors shall conduct any vending operations other than the sales of food items for immediate consumption.

• No vendor shall conduct any vending operations from any device or vehicle other than a push cart or mobile truck.

• Pushcarts or mobile food trucks used by vendors shall not:

a.

Be left unattended at any time;

b.

Be parked or placed within 15 feet of any ROW;

c.

Operate within 300 feet of a like business or another such mobile food vendor;

d.

Be permitted a permanent or proprietary location on any property within the city;

e.

Leave mobile food vendor equipment on site for overnight storage;

• Mobile food vendors shall be responsible for keeping the area clean of any litter or debris.

• No vendor shall ring bells, play chimes, play an amplified musical system, or make any other notice to attract attention to its business while operating within city limits.

• If a business is subject to a certificate of health or sanitary examination, the person applying for zoning approval must produce such certificate or permit from the county health department before a permit can be issued.

• One sandwich board sign shall be allowed within ten feet of the mobile food vendor. (see section 8.9.4).

• Mobile food vendors shall secure written permission from a sponsoring business owner of the site. The mobile food vendor must be able to use the sanitary facilities of the sponsoring business owner.

• Provide written permission from property owner to locate mobile food operation on property in accordance with an approved site plan.

• Traffic circulation, public safety, siting of mobile food vendor, and parking will be reviewed and may be subject to conditions of approval.

• Mobile food vendors shall be limited to 14 consecutive days maximum at each temporary location and shall remove their push cart or mobile food truck when the on-site business is not open.

4.

Outdoor display.

i.

Definition: The display of merchandise for sale associated with a retail use which otherwise is conducted within a structure.

ii.

Districts permitted: CC, RC, I-1, I-2, VMU, PUD, TND.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: None.

v.

Additional standards:

• Outdoor display is allowed for less than 24 hours unless otherwise approved by the director.

• All outdoor display of goods shall be located immediately adjacent to the storefront and not in drive aisles, loading zones, fire lanes, or parking lots.

• The area used for outdoor display or sales shall not occur on the sides and rear of buildings and shall be limited to no more than one-quarter of the length of the store front, unless increased by the director after taking into account aesthetic and safety concerns or other relevant factors.

• No goods shall be attached to a building's wall surface.

• The height of the outdoor display shall not exceed six feet, unless an exception to this provision has been granted by the director.

• The outdoor display area shall take place on an improved surface such as the sidewalk or pavement.

• No outdoor displays shall be allowed in required landscape areas.

• At least five feet along the parking lot side of the display shall be maintained free of obstruction to allow for pedestrian and handicap movement, such that handicapped pedestrians and others do not have to enter the parking lot or drive aisle to get around the display.

5.

Roadside, farmer's stand.

i.

Definition: A location for the sale of agricultural and horticultural products. Nonagricultural and non-horticultural products and products may comprise no more than ten percent of sales. This use includes Christmas tree sales and pumpkin sales.

ii.

Districts permitted: RR, R-12; conditional use in VMU.

iii.

Parking: One space per 200 square feet of floor area.

iv.

Loading: One loading space for 10,000 square feet of floor area.

v.

Additional standards:

• Sales events must be conducted solely on private property and not encroach within the public right-of-way or occupy required parking, unless an alternative parking scenario is approved by staff to meet the intent. Location of the displayed merchandise must not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

• All trees, pumpkins, or other items for sale, as well as signs and temporary structures, shall be removed within five days after the end of sales, and the appearance of the site shall be returned to its original state.

(Ord. of 12-4-17, § 3; Ord. of 4-6-20(1), Exh. A; Ord. of 8-16-21(1); Ord. of 5-2-22(3), §§ 2, 3; Ord. of 10-17-22(1); Ord. of 9-03-24(2))