500.01.

This District shall provide an area devoted primarily to agricultural and horticultural uses. It is the purpose of this district to encourage and protect such uses from urbanization until such is warranted and the appropriate district classification is made.

500.02.

The following uses of property, buildings or structures are permitted in the A-1 district:

500.02-01.

Cultivation of field and truck crops, orchards and vineyards.

500.02-02.

Pasturing and grazing. (Not including stockyards or feed lots.)

500.02-03.

Dairies, poultry, small animals and livestock.

500.02-04.

Greenhouses, nurseries and landscape gardening.

500.02-05.

Barns, silos, sheds, warehouses and cooling houses for storage, grading, packing and processing of farm produce other than commercial slaughtering or processing of animals.

500.02-06.

Single-family detached dwelling, and customary accessory uses.

500.03.

All uses not permitted by right or as a special exception are prohibited.

500.04.

The following uses may be permitted as special exceptions after public notice and hearing and approval by the Zoning Board of Adjustment:

500.04-01.

Public and semipublic uses. (Including cemetery, utilities, park and playground, library, country club, golf course.)

500.04-02.

Mining and resource extraction.

504.04-03.

Church, on a minimum 3-acre lot.

504.04-04.

Circus, carnival, fair, temporary use only.

504.04-05.

Radio and television transmission tower.

504.04-06.

Riding academy and stable.

500.05.

Each single-family dwelling in the A-1 district, together with its accessory buildings, hereafter erected, shall be located on a lot having an area of not less than one acre which shall have access to a dedicated public street or highway.

500.06.

However, nothing in this ordinance shall prevent the construction of a single-family dwelling on any tract of one acre or less which was a lot of record on the date of passage of this ordinance. Said tract must have a minimum of 50 feet of frontage on a dedicated public street.

500.07.

The following are height and setback regulations for the A-1 district:

500.07-01.

The front building setback line shall be a minimum of 40 feet from the front property line. The side building setback line shall be a minimum of 20 feet from the side property line. The rear building setback line shall be a minimum of 25 feet from the rear property line.

500.07-02.

Any building in which livestock is kept shall be located not less than 100 feet from front, side and rear property lines.

500.07-03.

No building shall exceed 35 feet in height.

501.01.

This is the most restrictive residential district. The principal use of land is for single-family dwellings and with special permission related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationships of each element.

501.02.

The following uses are permitted in the R-1 district:

501.02-01.

Dwelling, single-family, excluding mobile homes.

501.02-02.

Accessory building located on same lot. (Subject to subsection _____)

501.03.

All uses not permitted by right or as a special exception are prohibited in the R-1 district.

501.04.

The following uses may be permitted as a special exception after public notice and hearing and approval by the Zoning Board of Adjustment:

501.04-01.

Home occupations. (See Definition 1301.53 Home Occupation.)

501.04-02.

Church (on a minimum three (3) acre lot).

501.04-03.

Park and playground.

501.04-04.

Golf Course, not including commercial miniature courses or driving range.

501.04-05.

Art gallery or museum (public).

501.04-06.

Telephone exchange, but not to include administrative office, shop, or garage.

501.04-07.

School, public or private, offering general educational courses.

501.04-08.

College or university, not to include business or commercial college.

501.04-09.

Library (public).

501.04-10.

Public use, including utilities.

501.04-11.

Cemeteries (public/private).

501.04-12.

Sign or bulletin board, unlighted, not to exceed twelve (12) square feet in area pertaining to the lease, hire, or sale of property, buildings or structures, which bulletin board or sign shall be removed as soon as the property, building or structure has been leased, hired or sold.

501.05.

The following are setback, area and height regulations for the R-1 district:

501.05-01.

The front building setback line shall be a minimum of 35 feet from the front property line. The side building setback line shall be a minimum of ten feet from the side property line. The rear building setback line shall be a minimum of 25 feet from the rear property line.

501.05-02.

The lot width shall be a minimum of 80 feet at the front building setback line.

501.05-03.

The lot area shall be a minimum of 10,000 square feet.

501.05-04.

No building shall exceed 35 feet in height.

501.05-05.

Main and accessory buildings or structures shall not exceed 35 percent of the total lot area.

501.06.

See Article XII for regulations pertaining to off-street parking and loading.

502.01.

This residential district is intended to provide for medium population density. The principal use of land may range from single-family to two-family dwelling units, with the intent of this district being basically the same as that of the R-1 Residential District except that two-family dwelling units in a single structure are allowed.

502.02.

The following uses are permitted in the R-2 district:

502.02-01.

Any use permitted in the R-1 Residential District but subject to the requirements thereof.

502.02-02.

Two-family dwelling, including manufactured housing as defined herein.

502.02-03.

Zero lot line dwellings.

502.03.

All uses not permitted by right or as a special exception are prohibited in the R-2 District.

502.04.

The following uses may be permitted as a special exception after public notice and hearing and approval by the Zoning Board of Adjustment:

502.04-01.

Any use permitted as a special exception in an R-1 Residential District but subject to the requirements thereof.

502.05.

The following are setback, area and height regulations for the R-2 district:

502.05-01.

The front building setback line shall be a minimum of 25 feet from the front property line. The side yard on interior lots of fifty (50) feet or less in width, there shall be a side yard on each side of a building of not less than five (5) feet in width. For lots of more than fifty (50) feet, either of the side yards may be five (5) feet, and the sum of the side yards shall be twenty (20) percent of the lot width, but need not exceed twenty (20) feet in total side yard width. (See Appendix C) On corner lots the side yard regulation shall be the same as for interior lots except in the case of reversed frontage where the corner lot rears on the side of the lot facing the other intersecting street, in which case, there shall be a side yard on the corner lot of not less than fifty (50) percent of the front yard required on the lot abutting the rear of the corner lot or separated only by an alley. No accessory buildings on a said corner lot shall project beyond the front yard line of the lots in the rear, nor shall a building be erected, reconstructed, altered or enlarged, closer than five (5) feet to the line of the abutting lot to the rear. The rear building setback line shall be a minimum of 25 feet from the rear property line.

502.05-02.

Zero lot line. In zero lot line lots there shall be no minimum on one side and 10 feet on the opposite side. However, in no case shall a zero lot line dwelling be built closer than 10 feet to the lot line of a lot which is zoned as R-1, Residential. On corner lot, same as "R-1."

502.05-03.

The lot width shall be a minimum of 70 feet at the front building setback line. For zero lot line the minimum lot width shall be forty (40) feet.

502.05-04.

The minimum lot area shall be 8,000 square feet (4,000 square feet/family) and 5,000 square feet for single-family dwelling units.

502.05-05.

No building shall exceed 35 feet in height.

502.05-06.

Main and accessory buildings or structures shall not exceed 45 percent of the total lot area.

502.06.

See Article XII for requirements pertaining to off-street parking and loading.

503.01.

This residential district is intended to provide for medium and high population density. The principal use of land may range from two-family dwelling units to multi-family and garden apartment uses. Certain uses which are more compatible with intensive residential uses than with commercial uses are permitted.

503.02.

The following uses are permitted in the R-3 district:

503.02-01.

Any use permitted in the R-2 residential district, but subject to the requirements thereof.

503.02-02.

Multiple family dwelling.

503.02-03.

Town Houses.

503.02-04.

Modular Homes/manufactured housing.

503.02-05.

Private nursery, day school, kindergarten and child care centers.

503.03.

The following uses may be permitted as a special exception after public notice and hearing and approval by the Zoning Board of Adjustment:

503.03-01.

Any use permitted as a special exception in the R-2 Residential District but subject to the requirements thereof.

503.03-02.

Offices, professional and service.

503.03-03.

Studios for professional work or teaching of any form of fine arts, photography, music, drama, dance, but not including commercial gymnasiums.

503.03-04.

Barber shops, beauty salons, and other personal service establishments only when located within a multi-family apartment structure where the primary purpose of the apartment is for residential occupancy.

503.03-05.

Rooming and boarding house.

503.03-06.

Mobile home parks (subject to provisions contained in Section 503.07)

503.03-07.

Private clubs, fraternities, sororities and lodges, excluding those the chief activity of which is a service customarily carried on as a business.

503.03-08.

Medical and dental facility.

503.03-09.

Nursing home.

503.04.

The following are setback, area and height regulations for the R-3 district:

503.04-01.

The front building setback line shall be a minimum of 25 feet from the front property line. The side building setback line for single and two-family dwellings shall be a minimum of 7.5 feet. The side building setback line for multi-family dwellings shall be a minimum of ten feet with an additional four feet required for each side yard for each story above the first story. The rear building setback line shall be a minimum of 25 feet from the rear property line.

503.04-02.

The lot width at the front building setback line shall be a minimum of 100 feet, Single-family dwellings shall be 65 feet, Two-family dwellings shall be a minimum of 70 feet. Townhouses shall have a minimum width of twenty-four (24) feet.

503.04-03.

The minimum lot area shall be 5,000 square feet for single-family dwellings, 8,000 square feet for two-family dwellings, plus 2,000 square feet for each additional family unit up to three. Four or more dwelling units shall require additional lot area in accordance with the following schedule:

503.04-04.

No building shall exceed 45 feet in height.

503.04-05.

Main and accessory buildings or structures shall not exceed 60 percent of the lot area.

503.05.

See Article XII for requirements pertaining to off-street parking and loading.

503.06.

Special provisions for Mobile Home Parks.

503.06-01.

Mobile home parks shall not exceed a density of eight (8) mobile home units per gross acre within the mobile home park.

503.06-02.

Mobile home parks shall be surrounded by a buffer area at least 15 feet in depth on the sides and rear and 50 feet in depth along the front, measured from the street right-of-way line, provided that no side or rear buffer areas are required between adjacent mobile home parks. The interior 20 feet of a 50-foot front buffer may be used for interior street, road, or driveway.

503.06-03.

Buffer areas shall otherwise be unoccupied except for landscaping, utility facilities, signs, or entrance ornamentation.

503.06-04.

A minimum of five (5) percent of the gross land area of the mobile home park shall be required for recreation area.

503.06-05.

All mobile home lots shall abut upon an all-weather driveway of not less than twenty (20) feet in width, which shall have unobstructed access to a public street.

503.06-06.

All streets, roadways and driveways within the park shall meet the minimum construction standards recommended by the city engineer. They shall be appropriately lighted at night.

503.06-07.

No mobile home park shall contain less than three (3) acres.

503.06-08.

No mobile home shall be moved into the city limits without first securing a permit as provided in Chapter 18 of the Brookhaven Code of Ordinances.

503.06-09.

No mobile home park shall be allowed without a valid permit from the Mississippi State Board of Health and written approval of the sewerage system by the Mississippi Air and Water Pollution Control Commission.

503.06-10.

Mobile homes located within a mobile home park shall comply with the Mississippi Insurance Department's "Rules and Regulations of the Mobile Home Division of the State Fire Marshal's Office," Section IX, "Minimum Standards for Blocking, Anchors, and Tie Downs."

503.06-11.

See Article XII for regulations pertaining to off-street parking and loading.

503.07-1.

Definitions.

Recreational Vehicle: For the purpose of this ordinance, Recreational Vehicles are of four classifications: Camping Trailer, Motor Home, Travel Trailer and Truck Camper, all of which are considered either a vehicle or vehicle accessory providing temporary living quarters, but are not considered dwellings or structures, regardless of any on-site modifications thereto.

A.

Camping Trailer: A vehicular portable units mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfolds at a camp site to provide temporary living quarters for recreational camping or travel use.

B.

Motor Home: A vehicular unit built on a self-propelled motor vehicle chassis primarily to provide temporary living quarters for recreational camping or travel use.

C.

Travel Trailer: A vehicular unit mounted on wheels designed to provide temporary living quarters for recreational camping or travel use. Of such size and weight as not to require special movement permit when towed behind a motorized vehicle (MDOT requires a Commercial Vehicle Permit for a trailer more than eight and one-half feet wide) and a gross trailer area not greater than three hundred and eighty-two and one half (382.5) square feet (calculated by a maximum width of eight and one half feet wide and a maximum length of forty-five feet long).

D.

Truck Camper: A portable accessory unit constructed to provide temporary living quarters for recreational camping or travel use; consisting of a roof, floor, and sides designed to be loaded unto and unloaded from the bed of a pickup truck.

Recreational Vehicle Park:

An area of land which has a purpose of providing a location for transient recreational vehicles to locate. The park provides services to the transient users and is managed.

503.07-2

Recreational Vehicle Parks. The following requirements shall apply to all Recreational Vehicle Parks:

(1)

Park size and density.

a.

Minimum park site area shall be two acres.

b.

Minimum of ten recreational vehicle sites shall be provided.

c.

Maximum density shall be 15 vehicle sites per acre.

(2)

Recreational vehicle sites.

a.

Minimum vehicle site area is 1,000 square feet.

b.

Minimum vehicle site width is 24 feet.

c.

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

d.

Each site shall contain a 16 x 20-foot concrete or asphalt pad.

(3)

Traffic circulation.

a.

All Recreational Vehicle Parks shall abut a main public street and have direct access from such street.

b.

Streets in Recreational Vehicle Parks shall be private, but shall be hard surfaced. The streets shall meet the following minimum stabilized travel way width requirements:

1.

One-way with parking on one side, or two-way with no parking, 22 feet.

2.

Two-way with parking on one side, 30 feet.

c.

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

d.

At least one parking space shall be provided at each recreational vehicle site.

Each parking space shall be composed of stabilized compacted material such as shell, marl, gravel, paving or other suitable material. Each parking space shall be at least nine feet wide and 20 feet long, exclusive of maneuvering area.

(4)

Screening.

Recreational Vehicle Parks shall be surrounded by a buffer area at least 15 feet in depth on the sides and rear and 35 feet in depth along the front, measured from the street right-of-way line, and should be surrounded by at least an 8 ft wood (opaque) fence.

(5)

Utilities.

a.

Recreational vehicle park utilities and facilities shall be provided in accordance with the appropriate City and County codes, ordinances and State regulations. All utilities shall be placed underground.

b.

A central trash collection area shall be provided and it shall be screened from view.

c.

Sanitary restrooms facilities shall be provided on site. One shower, sink and toilet shall be provided for every twenty spaces designated for recreational vehicles. The sanitary restroom facility shall have hot and cold running water and the toilets shall be water flush type.

(6)

Lighting.

Street lighting will comply with city subdivision ordinance.

(7)

Length of Stay.

No recreational vehicle shall be used as a permanent place of abode for an indefinite period of time. Continuous occupancy in a recreational vehicle extending beyond 90 days in any 12-month period shall be presumed to be permanent occupancy.

Any action toward removal of wheels of a recreational vehicle is hereby prohibited. A fine of $25.00 per day will be assessed after 90 days of continuous occupancy.

The Mayor and the Board of Aldermen may, upon a written request made to the Board by an RV owner or the owner of an RV park, extend the rental term in light of emergency or special circumstances. In addition, in the event of emergency circumstances or special circumstances, the Mayor and Board of Aldermen may upon motion made by the Board and spread upon minutes take necessary measures to extend the rental term of RV Parks. Said Motion shall be based on substantial evidence specified in the request or Motion and shall set out a specific reason and term for the extension.

(8)

Site Plan.

A proposed site plan showing all necessary information to include at a minimum, location of all buildings and improvements including roads, parking areas, planting strips according to the landscape ordinance, signs, overall grading plan with storm drainage facilities, water supply and distribution systems, sewage and collection systems.

Prior to the issuance of any permit for construction on the site, the Planning and Zoning Commission shall review and the Board of Mayor and Aldermen shall approve a comprehensive site plan for the facility.

(Ord. No. 205-2009, 11-3-2009)

504.01.

General Description: The purpose of this commercial district is to provide retail stores and personal services for the convenience of the people in adjacent residential areas.

504.02.

Uses Permitted: The following uses of property, buildings, or structures, for specified stores, shops or businesses shall be retail/service establishments exclusively, selling merchandise and conducted wholly within an enclosed building. Each store, shop, or business shall not exceed two thousand four hundred (2,400) square feet of floor area. It is further provided that all waste material shall be kept within a sight obscuring enclosure. No drive-in or curb service shall be permitted.

504.02-01.

Any uses permitted in the R-2 two-family residential district.

504.02-02.

Auto parking areas for passenger cars only.

504.02-03.

Baker shop, employing not more than five persons, custom selling all production at retail on the premises or as retail custom order for delivery.

504.02-04.

Barber and Beauty shops (subject to applicable health codes).

504.02-05.

Book or stationary stores, or newsstands.

504.02-06.

Candy, ice cream store including manufacture, if all production is sold at retail on the premises or as retail custom orders for delivery.

504.02-07.

Coin operated laundry and dry cleaning pick-up stations.

504.02-08.

Convenience store, butcher shop/meat market, drug store, film processing, grocery store, gasoline (no auto repair or service).

504.02-09.

Liquor/package store.

504.02-10.

Offices (limited to 4,000 square feet).

504.02-10.01.

Medical or paramedical practice or clinics for human care.

504.02-10.02.

Legal, engineering, real estate, insurance.

504.02-10.03.

Professional offices and studios including executive, administrative writing, clerical, stenographic, graphic arts, and interior design.

504.02-10.04.

Branch banks and financial institutions.

504.02-11.

Specialty shop for the conduct of a retail business as limited herein:

504.02-11.01.

Florist, fabric, apparel, jewelry.

504.02-11.02.

Custom dressmaking, millinery, tailoring, shoe repairing, repairing of household utility articles or similar trade.

504.02-11.03.

Pet Store.

504.02-11.04.

Restaurants (not drive-in).

504.02-11.05.

Auto parts (no service).

504.02-11.06.

Gift and card shop/variety store.

504.02-11.07.

Photographers studio.

504.02-11.08.

Shop for the repair of electrical and radio equipment and other similar commodities.

504.02-11.09.

Hobby, antique, photo and frame shop.

504.02-11.10.

Music and sporting goods.

504.02-12.

Other light retail and service establishment which may be determined by the Board of Adjustment to be similar to the above listed principal permitted uses and which are in harmony with the purpose of this zone, but not including those uses which are not mentioned in this zone but are specifically enumerated in another zone.

504.02-13.

Accessory buildings and uses customarily incident to any of the above uses including air conditioners, ice and refrigerating plants purely incidental to the main activity permitted on the premises. No accessory use shall be construed to permit the keeping of articles or materials in the open or outside the building.

504.02-14.

Signs and billboards on the ground are prohibited. Each sign shall not exceed 24 square feet and shall be flat against the wall of the building, with all parts of the sign within 12 inches of the face of the building or on the roof within the height limit and shall not be illuminated so as to shine on nearby residential properties. Illumination shall be non-flashing and shall not contain a rotating, oscillating or revolving beam or beacon of light.

504.02-15

Special Provision for Modular and Manufactured Buildings in the C-1 District.

504.02-15.01.

Definitions:

Modular Building - Structure built in a factory and transported to the building site on truck beds, and affixed to a permanent brick or concrete block chain wall foundation.

Manufactured Building - Structure built in a factory on a non removable steel frame designed to be used with or without a permanent foundation and is capable of being drawn by a motor vehicle on its own wheels. Minimum size is 32 feet x 24 feet.

Permanent Foundation - Anchors and a permanent brick or concrete block chain wall foundation.

Temporary Building - Modular or Manufactured Buildings used in conjunction with construction and removed upon completion of construction. 24 months is the maximum use as a temporary building without approval of the Board of Adjustments.

Facade - The face of a building, especially the principal face.

504.02-15.02.

Any request for placement of a Modular or Manufactured Building shall only be allowed as a special exception after review by the Board of Adjustments with final approval by the City Board.

504.02-15.03.

Modular and Manufactured Buildings shall be allowed when placed on a permanent foundation, conforms and meets all local building codes and all existing rules and regulations in the commercial district.

504.02-15.04.

Modular and Manufactured Buildings shall not be located permanently in any existing parking lot, paved area or be placed closer to the right of way than the majority of the existing structures in the vicinity but shall be located on its own lot of record.

504.02-15.05.

Modular and Manufactured Buildings may be used as temporary buildings in conjunction with construction work for up to 24 months. No pennanent foundation is required.

504.02-15.06.

Modular or Manufactured Buildings may be allowed as temporary buildings when used for food service for a maximum of 6 months.

504.02-15.07.

Metal shall not comprise more than 20% of the permanent Modular and Manufactured Buildings' principal facade. Brick, glass, stone or wood are preferred construction material.

504.02-15.08.

The City Board may request a moratorium be declared on Modular and Manufactured Buildings should they become detrimental to the general compatibility with adjacent properties and other properties in the commercial district.

504.02-15.09.

All Modular and Manufactured Buildings are prohibited in the C-2 Central Business District.

504.03.

The following are setback, area, and height regulations for the C-1 district:

504.03-01.

The front building setback shall be a minimum of 35 feet from the front property line. No side yards are required except in instances where commercial use abuts a residential district, in which case a minimum side yard of 40 feet shall be provided, as measured from the side lot line to the nearest building or structure on the side adjacent to the residential district. Such space shall be screened from the abutting residential district by walls, fences, or other screening not less than eight feet in height, in a manner acceptable to the planning commission. No rear yard shall be required except in instances where a commercial use abuts a residential district, in which case a rear yard of not less than 35 feet shall be provided. Such space shall be screened from the abutting residential district by walls, fences, or other screening not less than eight feet in height, in a manner acceptable to the planning commission.

504.03-02.

Lot width shall be a minimum of 50 feet at the front building setback line.

504.03-03.

Lot area is not regulated.

504.03-04.

No building shall exceed 35 feet in height.

504.03-05.

Main and accessory buildings or structures shall not exceed 75 percent of the lot area.

504.04.

The minimum district size is 2 acres, with a minimum depth of 200 feet.

504.05.

See Article XII for regulations pertaining to off-street parking and loading.

504.06.

The following is a special requirement for the C-1 district:

504.06-01.

Developers shall submit to the planning commission for each commercial use such information as may be required for the planning commission to determine that the proposed development is in conformance with the intent of this district in regard to ingress, egress, loading, parking, and traffic circulation.

(Ord. No. 208-2010, 6-1-2010)

505.01.

General Description: This commercial district is intended for the conduct of personal and business services and retail business of the community. Traffic generated by these uses will be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods.

505.02.

Uses Permitted: The following uses of property, buildings or structures:

505.02-01.

Any commercial use permitted in the C-1 Neighborhood Commercial District, without limit to the square feet of floor area in shops, except as noted. All residential structures are excluded from the C-2 Community Commercial District.

505.02-02.

Antique shops.

505.02-03.

Auditoriums, theatres, moving picture shows, having a seating capacity for not more than one thousand five hundred (1,500) people.

505.02-04.

Automobile, motorcycle, boat or trailer sales, or sales or rental areas, provided vehicles are in good operating condition. Minor service which does not cause a nuisance may be permitted.

505.02-05.

Bakeries, provided that the floor area does not exceed three thousand (3,000) square feet.

505.02-06.

Banks/savings and loans and other financial institutions.

505.02-07.

Dry or steam cleaning shop or plant.

505.02-08.

Shop for the repair of plumbing, radio and electric equipment, shoes, furniture and similar personal or household commodities.

505.02-09.

Department store.

505.02-10.

Mortuary, funeral home.

505.02-11.

Retail stores, businesses or shops for custom work or the manufacture of articles to be sold at retail on the premises, excluding coal and wood yards, provided that in such manufacture the total mechanical power shall not exceed ten (10) horse power for the operation of any one machine provided that the space occupied by the manufacturing use permitted herein shall not exceed fifty (50) percent of the total floor area of the entire building or the equivalent of the ground floor area thereof, and provided further that such manufacturing use in not noxious or offensive by reason of vibration, noise, odor, dust, smoke or fumes.

505.02-12.

Printing shop, including sale of office supplies and equipment.

505.02-13.

Newspaper publication.

505.02-14.

Sign painting shop.

505.02-15.

Blueprinting shop.

505.02-16.

Interior decorating shop.

505.02-17.

Catering establishments.

505.02-18.

Train stations, bus depots and travel agencies.

505.02-19.

Theaters, auditoriums.

505.02-20.

Recreational or amusement classification when conducted wholly inside an enclosed building.

505.02-21.

Hardware or appliance stores.

505.02-22.

Variety stores including discount stores.

505.02-23.

Paint and hobby store, including sale of carpets, wall covering and similar household items.

505.02-24.

Hospital.

505.02-25.

Service stations.

505.02-26.

Hotels and/or motels.

505.02-27.

Automotive parts and equipment sales.

505.02-28.

Mail order stores.

505.02-29.

Stamp redemption centers.

505.03.

The following uses may be permitted as a special exception after public notice and hearing and approval by the Zoning Board of Adjustment:

505.03-01.

Other uses similar to the above stated uses as may be determined by the Planning Commission.

505.03-02.

Any uses which are enumerated in the I-1 and I-2 Industrial Districts are excluded from this district.

Because of their unique service areas the yard requirements of Community Commercial and the Central Business District have major differences.

505.04.

The following are setback, area, and height regulations for the C-2 Community Commercial District:

505.04-01.

The front building setback shall be a minimum of 35 feet from the front property line. No side yards are required except in instances where commercial use abuts a residential district, in which case a minimum side yard of 40 feet shall be provided, as measured from side lot line to the nearest building or structure on the side adjacent to the residential district. Such space shall be screened from the abutting residential district by walls, fences, or other screening not less than eight feet in height, in a manner acceptable to the planning commission. No rear yard shall be required except in instances where a commercial use abuts a residential district, in which case a rear yard of not less than 35 feet shall be provided. Such space shall be screened from the abutting residential district by walls, fences, or other screening not less than eight feet in height, in a manner acceptable to the planning commission.

505.04-02.

Lot width shall be a minimum of 50 feet at the front building setback line.

505.04-03.

Lot area is not regulated.

505.04-04.

No building shall exceed 35 feet in height.

505.04-05.

Main and accessory buildings or structures shall not exceed 75 percent of the lot area.

C-2. Central Business District (CBD designation).

505.05.

The purpose of this designation is to provide for the preservation and perpetuation of high density office and commercial enterprises in the Central Business District.

505.06.

Uses permitted:

505.06-01.

All office and commercial uses permitted in the regular C-2 Community Commercial District, are permitted except outdoor advertising signs and billboards are excluded.

505.06-02.

Residential occupancy above the 1st floor subject to approval of the Fire Marshal and/or Fire Code.

505.06-03.

Residential occupancy on the 1st floor may be permitted by special exception after a hearing and approval of the Zoning Board of Adjustment and the Fire Marshal and/or Fire Code.

505.07.

There shall be no minimum setbacks, lot widths, or lot areas in the Central Business District.

505.08.

There shall be limited parking requirements for structures located in the CBD. (See Article XII)

505.09.

Building height shall be limited to 5 stories or 55 feet unless otherwise approved by the Zoning Board of Adjustment.

505.10.

All regulations of the City Fire Code shall be complied with in every case.

506.01.

The purpose of this district is to accommodate commercial uses which require large tracts of lands, utilize outdoor storage, and generally are less compatible than neighborhood commercial uses when located adjacent to residential uses. This district will normally contain a certain amount of neighborhood and highway commercial uses, which are allowed by right. General and Highway commercial uses are those which provide services to the transient motorist, such as motels, restaurants, and service stations.

506.02.

The following uses are permitted in the C-3 district:

506.02-01.

Any use allowed in the C-2 Central Business District.

506.02-02.

Feed and farm products stores.

506.02-03.

Wholesale fruit markets.

506.02-04.

Commercial nurseries and greenhouses.

506.02-05.

Building material yards.

506.02-06.

Veterinarians (with indoor kennels).

506.02-07.

Heavy equipment sales.

506.02-08.

Mobile home sales.

506.02-09.

Drive-in theaters.

506.02-10.

Retail fish markets.

506.02-11.

Automotive repairs and body shop.

506.02-12.

Golf driving range and miniature golf areas.

506.02-13.

Bowling alleys.

506.02-14.

Mortuaries and funeral homes.

506-02-15.

Car washes.

506.02-16.

Mini Storage Facilities.

506.02-17.

Marble/Granite works.

506.02-18

Special Provision for Modular and Manufactured Buildings in the C-3 District.

506.02-18.01.

Definitions:

Modular Building - Structure built in a factory and transported to the building site on truck beds, and affixed to a permanent brick or concrete block chain wall foundation.

Manufactured Building - Structure built in a factory on a non removable steel frame designed to be used with or without a permanent foundation and is capable of being drawn by a motor vehicle on its own wheels. Minimum size is 32 feet x 24 feet.

Permanent Foundation - Anchors and a permanent brick or concrete block chain wall foundation.

Temporary Building - Modular or Manufactured Buildings used in conjunction with construction and removed upon completion of construction. 24 months is the maximum use as a temporary building without approval of the Board of Adjustments.

Facade - The face of a building, especially the principal face.

506.02-18.02.

Any request for placement of a Modular or Manufactured Building shall only be allowed as a special exception after review by the Board of Adjustments with final approval by the City Board.

506.02-18.03.

Modular and Manufactured Buildings shall be allowed when placed on a permanent foundation, conforms and meets all local building codes and all existing rules and regulations in the commercial district.

506.02-18.04.

Modular and Manufactured Buildings shall not be located permanently in any existing parking lot, paved area or be placed closer to the right of way than the majority of the existing structures in the vicinity but shall be located on its own lot of record.

506.02-18.05.

Modular and Manufactured Buildings may be used as temporary buildings in conjunction with construction work for up to 24 months. No pennanent foundation is required.

506.02-18.06.

Modular or Manufactured Buildings may be allowed as temporary buildings when used for food service for a maximum of 6 months.

506.02-18.07.

Metal shall not comprise more than 20% of the permanent Modular and Manufactured Buildings' principal facade. Brick, glass, stone or wood are preferred construction material.

506.02-18.08.

The City Board may request a moratorium be declared on Modular and Manufactured Buildings should they become detrimental to the general compatibility with adjacent properties and other properties in the commercial district.

506.02-18.09.

All Modular and Manufactured Buildings are prohibited in the C-2 Central Business District.

506.03.

All uses not permitted by right or as special exceptions are prohibited.

506.04.

The following uses may be permitted in the C-3 district as special exceptions after public notice and hearing and approval by the Zoning Board of Adjustment:

506.04-01.

Any special exception allowed in the C-2 Central Business District excluding multi-family residential for the elderly.

506.04-02.

Other uses similar to those permitted by subsection 506.02.

506.05.

The following are setback, area, and height regulations for the C-3 district:

506.05-01.

The front building setback shall be a minimum of 35 feet from the front property line. No side yards are required except in instances- where commercial use abuts a residential district, in which case a minimum side yard of 40 feet shall be provided, as measured from side lot line to the nearest building or structure on the side adjacent to the residential district. Such space shall be screened from the abutting residential district by walls, fences, or other screening not less than eight feet in height, in a manner acceptable to the planning commission. No rear yard shall be required except in instances where a commercial use abuts a residential district, in which case a rear yard of not less than 35 feet shall be provided. Such space shall be screened from the abutting residential district by walls, fences, or other screening not less than eight feet in height, in a manner acceptable to the planning commission.

506.05-02.

Lot width shall be a minimum of 100 feet at the front building setback line.

506.05-03.

Lot area is not regulated.

506.05-04.

No building shall exceed 35 feet in height.

506.05-05.

Main and accessory buildings or structures shall not exceed 75 percent of the lot area.

506.06.

See Article XII for regulations pertaining to off-street parking and loading.

(Ord. No. 208-2010, 6-1-2010)

507.01.

This industrial district is intended primarily for production and assembly plants that are conducted so that noise, odor, dust, and glare are controlled and a minimum of noxious effects on adjacent areas are produced.

507.02.

The following uses are permitted in the I-1 district:

507.02-01.

Lumber yards.

507.02-02.

Upholstery manufacturing.

507.02-03.

Assembly plants.

507.02-04.

Bakeries, wholesale.

507.02-05.

Bookbinderies.

507.02-06.

Canneries.

507.02-07.

Cellophane products manufacturing.

507.02-08.

Ceramic products manufacturing.

507.02-09.

Carpet cleaning services.

507.02-10.

Cosmetic manufacturing.

507.02-11.

Confectionery manufacturing.

507.02-12.

Dairy products, processing and manufacturing.

507.02-13.

Electrical parts and appliances, assembly and manufacture.

507.02-14.

Engraving plants.

507.02-15.

Electroplating plants.

507.02-16.

Feed processing plants.

507.02-17.

Fiber products manufacturing.

507.02-18.

Food products manufacturing.

507.02-19.

Foundry casting light-weight nonferrous metal manufacturing.

507.02-20.

Furniture manufacturing.

507.02-21.

Glass products manufacturing.

507.02-22.

Grain elevators.

507.02-23.

Iron works, light and wrought.

507.02-24.

Jewelry manufacturing.

507.02-25.

Laboratories.

507.02-26.

Laundries.

507.02-27.

Leather products manufacturing.

507.02-28.

Millwork and cabinetmaking.

507.02-29.

Paint mixing and treatment.

507.02-30.

Parcel delivery services.

507.02-31.

Pharmaceuticals manufacturing.

507.02-32.

Plastic products manufacturing.

507.02-33.

Refrigerating plants.

507.02-34.

Sheet metal products (light) manufacturing.

507.02-35.

Sign painting and manufacturing.

507.02-36.

Television and radio broadcasting transmitters.

507.02-37.

Textile products manufacturing.

507.02-38.

Tire recapping and rebuilding.

507.02-39.

Tools and light machinery manufacturing.

507.02-40.

Toy manufacturing.

507.02-41.

Truck terminals, truck and trailer services.

507.02-42.

Warehouse or storage buildings.

507.02-43.

Water distillation.

507.02-44.

Well drilling services.

507.02-45.

Wholesale businesses.

507.02-46.

Wood products manufacturing.

507.02-47.

Open storage of building materials such as lumber, pipe, brick, concrete block, and other substances, such as coal, sand, and gravel, when enclosed by a solid fence at least six feet in height.

507.03.

The following uses are prohibited in the I-1 district:

507.03-01.

All uses not permitted by right or as special exceptions.

507.03-02.

Residential uses.

507.04.

The following uses may be permitted as special exceptions in the I-1 district after public notice and hearing and approval by the Zoning Board of Adjustment:

507.04-01.

Public uses and public utility.

507.04-02.

Other uses similar to those permitted by subsection 508.02.

507.05.

The following are setback, area, and height regulations for the I-1 district:

507.05-01.

The front building setback line shall be a minimum of 60 feet from the front property line. The side building setback line on each side of the lot shall be not less than 25 feet as measured from the side lot line to the nearest building or structure except in instances where this district use abuts a residential district, in which case a minimum side yard of 60 feet shall be provided on the side adjacent to the residential district. Such space shall be screened from the abutting residential district by walls, fences, or other screening not less than eight feet in height, in a manner acceptable to the planning commission. The rear building setback line shall be not less than 25 feet except in instances where this district abuts a residential district, in which case a rear yard of not less than 50 feet as measured from the rear lot line to the nearest building or structure, shall be provided. Such space shall be screened from the abutting residential district by walls, fences, or other screening not less than eight feet in height, in a manner acceptable to the planning commission.

507.05-02.

Lot width is not regulated.

507.05-03.

Lot area is not regulated.

507.05-04.

No building or structure shall exceed 35 feet in height, except upon approval by the planning commission.

507.05-05.

Lot coverage is not regulated.

507.06.

See Article XII for requirements pertaining to off-street parking and loading.

508.01.

The heavy industrial district is intended for use by those industries which normally require larger land areas, generate greater traffic volumes, and create other undesirable conditions which are incompatible with other urbanized types of land uses.

508.02.

The following uses are permitted in the I-2 district:

508.02-01.

Any use permitted in the I-1 Light Industrial District, subject to subsection 507.03.

508.02-02.

Abrasives manufacturing.

508.02-03.

Accessory use.

508.02-04.

Acetylene gas manufacturing and/or storage.

508.02-05.

Ammonia, bleaching powder, and chlorine manufacturing.

508.02-06.

Asbestos products manufacturing.

508.02-07.

Asphalt products manufacturing.

508.02-08.

Automobile and truck body manufacturing.

508.02-09.

Billboards.

508.02-10.

Boiler or tank works manufacturing.

508.02-11.

Caustic soda manufacturing.

508.02-12.

Celluloid manufacturing.

508.02-13.

Chemicals (heavy or industrial) manufacturing and/or processing.

508.02-14.

Cotton compress.

508.02-15.

Cotton ginning and baling.

508.02-16.

Dyestuff manufacturing.

508.02-17.

Glass manufacturing.

508.02-18.

Grain drying or feed manufacturing from refuse, mash, or grain.

508.02-19.

Grain milling, storage, and elevators.

508.02-20.

Graphite manufacturing.

508.02-21.

Hair products manufacturing or processing.

508.02-22.

Hardware manufacturing.

508.02-23.

Insulation manufacturing or fabrication.

508.02-24.

Junk Yard, for the salvage and assembly of scrap metals, paper, plastic, auto parts, salvage and auto wrecking yards when such operations are obscured from any street or from any adjacent property in another zone by a sturdy, sight obscuring fence in good repair, and under the condition that any burning operations be carried on in an enclosed structure provided with such super-heating devices designed to assure [sic] complete combustion as may be approved by the Building Inspector and Fire Inspector.

508.02-25.

Linoleum manufacturing.

508.02-26.

Oils and fats (animals and vegetable) manufacturing.

508.02-27.

Paints, pigments, enamels, [Japanese enamels], lacquers, putties, varnishes, whiting, and wood filler manufacturing or fabricating.

508.02-28.

Paper, pulp, cellulose, and rayon manufacturing.

508.02-29.

Plastics manufacturing.

508.02-30.

Potash works.

508.02-31.

Rock crusher.

508.02-32.

Saw mill or planing mill.

508.02-33.

Sewage disposal plant.

508.02-34.

Soda and washing compound manufacturing.

508.02-35.

Stone cutting.

508.02-36.

Sugar and starch manufacturing.

508.02-37.

Syrup manufacturing.

508.02-38.

Tar distilling or manufacturing.

508.02-39.

Trailer manufacturing.

508.02-40.

Wood preserving by creosote or other impregnation treatment.

508.03.

The following uses are prohibited in the I-2 district:

508.03-01.

All uses not permitted by right or special exceptions.

508.03-02.

Residential and commercial uses.

508.04.

The following may be permitted as special exceptions in the I-2 district after public hearing and notice and approval by the Zoning Board of Adjustment:

508.04-01.

Public utility.

508.04-02.

Other uses similar to those permitted by subsection 508.02.

508.05.

The following are setback, area, and height regulations for the I-2 district:

508.05-01.

The front building setback line shall be a minimum of 100 feet from the front property line. The side building setback line on each side of the lot shall be not less than 25 feet as measured from the side lot line to the nearest building or structure except in instances where this district use abuts a residential district, in which case a minimum side yard of 100 feet shall be provided on the side adjacent to the residential district. Such space shall be screened from the abutting residential district by walls, fences, or other screening not less than eight feet in height, in a manner acceptable to the planning commission. The rear building setback line shall be not less than 50 feet except in instances where this district abuts a residential district, in which case a rear yard of not less than 100 feet, as measured from the rear lot line to the nearest building or structure, shall be provided. Such space shall be screened from the abutting residential district by walls, fences, or other screening not less than eight feet in height, in a manner acceptable to the planning commission.

508.05-02.

Lot width is not regulated.

508.05-03.

Lot area is not regulated.

508.05-04.

No building or structure shall exceed 35 feet in height, except upon approval by the planning commission.

508.05-05.

Lot coverage is not regulated.

508.06.

See Article XII for requirements pertaining to off-street parking and loading.

509.01.

The Floodplain District is hereby created in order to permit certain nonintensive uses in areas which are subject to periodic flooding and to protect areas from other types of development except where adequate assurance is given that the development will be protected from flooding. The Floodplain District is the area designated by the Federal Insurance Administrator of the U.S. Department of Housing and Urban Development as the 100-year flood and is shown on the Flood Boundary and Floodway Map, dated July 18, 1977, prepared by the Federal Insurance Administration. All development occurring within the Floodplain District shall comply with the Brookhaven floodplain management ordinance.

510.01.

The purpose of Special use or Planned Unit Development District is to enable the establishment of zoning districts allowing and encouraging greater variety of design and flexibility in development, the requirements of this Ordinance may be modified by the Planning Commission provided that gross population and/or building density set forth for the zoning district in which the development shall be located.

The owners of any tract of land containing at least three (3) acres may submit a plan for the use and development of the entire tract for residential, compatible commercial, compatible industrial, and medical complex uses as a single and unified project. The basic control development intensity shall be one or more of the residential, commercial or industrial districts. The Planned Unit Development shall be a superimposed designation providing a broader latitude of design to achieve the above stated goals.

510.02

Uses Permitted. Uses specified and/or permitted on review by the Planning Commission for the zoning district in which the development is located.

510.02-01.

Medical Complex District to include uses such as hospitals, public health centers, nurse training facilities, pathology laboratories, clinics and offices, and other closely related and compatible uses.

510.02-02.

Recreational District to include active and passive activities, such as neighborhood centers, parks and playgrounds, swimming pools, picnic areas, and other closely related and compatible uses.

510.02-03.

Educational Institutions District to include facilities such as grade schools, secondary schools, colleges, auditoriums, libraries, recreational facilities, and other closely related and compatible uses.

510.02-04.

Public District to include municipal functions and services such as city hall, county courthouse, fire department, police department, post office, public utilities, public parking complexes, and other closely related and compatible uses.

510.02-05.

Housing District to include such residential uses as single and two-family residences, garden apartments, town houses, and high-density developments.

510.02-06.

Industrial District to include any industrial use, provided no nuisance will result with regard to excessive: smoke, noise, odor, fire or explosion hazard, gasses, glare or heat, vibration, pollution or other factors detrimental to the health, safety and welfare of the area.

510.03.

Any use, service, or function directly related to the specific intent of the Special Use District will be permitted, provided (in the opinion of the planning commission) there are no existing services or functions conveniently located and adequate to serve the proposed development. (For example, a bookstore, grill, post office, laundry, etc., relate to the Educational District.)

510.04.

In applying for a Special Use District or for an amendment to such a district, an overall development plan shall be submitted to the planning commission along with a report showing the need of such a district and its effect on adjacent and surrounding uses. The overall development plan shall include, but not be limited to, the following:

510.04-01.

Plans showing location and design of structures, delivery points, loading and storage areas, walls, fences, screen plantings, signs, lighting devices, and pedestrian walks.

510.04-02.

Plans illustrating adequate off-street parking according to standards established in this ordinance.

510.04-03.

Plans showing entrances and exits to the area and the traffic routing system so designed as to minimize nuisance effects due to the generation of traffic to and from the area.

510.04-04.

Any other information the planning commission may need to adequately consider the effect the proposed uses may have upon the cost of providing adequate services to the area.

510.05.

The commission may attach reasonable special conditions or amendments to the approval of such district to ensure that there will be no departure from the intent of this zoning ordinance.

510.06.

All proposed Special Use Districts shall follow the procedures for subdivision approval even though the ownership of land may not be divided. A preliminary and final plat, both approved by the planning commission, shall be required for every Special Use District. The planning commission may establish a schedule of reasonable fees to be charged for plat review. The district shall be developed according to the approval of the final plat. Building permits and certificates of occupancy shall be required for each building according to the existing codes and regulations.

510.07.

The following are general regulations for all Special Use Districts:

510.07-01.

Each district shall contain a minimum of three acres, except for an expansion of an existing Special Use District. If the existing Special Use District does not contain five acres, the additional acreage shall contain at least the amount needed to bring the total land area to five acres.

510.07-02.

Each district shall be compatible with adjacent land use. If not, adequate buffers and screening shall be required.

510.07-03.

Each district shall start construction within one year after approval of final plat. If initial construction (for example, footings or foundation) does not begin within one year, all land shall revert to the original zoning. In any case, where there was no original zoning, all land will be rezoned to conform with adjacent uses.

510.07-04.

Each district shall conform to established regulations. Even though this district will have mixed uses, such separate use will meet the requirements of similar uses in other districts. For example, all commercial uses in this district will comply with the applicable commercial regulations as set forth in this zoning ordinance.

501.07-05.

Since a mixture of uses is permitted within a Special Use District, no building, structure, land, or premises shall be used, and no building or structure shall be hereinafter erected, constructed, reconstructed, or altered until such use, erection, construction, reconstruction, or alteration has been specifically authorized by the Mayor and Board of Aldermen after study and recommendation by the planning commission.

510.07-06.

Each district shall be binding upon the applicant or applicants, their successors and assigns, and shall limit the development to all conditions and limitations established in such plans.

510.07-07.

Proposed expansions or revisions to any originally approved Special Use District shall be submitted to the planning commission. Upon receiving this request, the planning commission shall set forth the general procedures and regulations as previously set forth.