600.01.

Whenever the specific district regulations pertaining to one district permit the uses of a more restrictive district, such uses shall be subject to the conditions as set forth in the regulations of the more restrictive district unless otherwise specified.

601.01.

Temporary buildings used in conjunction with construction work may be permitted in any district only during the period the construction work is in progress. Such temporary buildings shall be removed upon completion of the construction work.

602.01.

All areas which are under water and not shown as included within any district shall be subject to all of the regulations of the district adjacent to the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line until they intersect.

603.01.

Zoning affects every building and use. No building or land shall hereafter be used and no building or part thereof shall be erected, moved, or altered unless for use expressly permitted by and in conformity with the regulations herein specified for the district in which it is located.

603.02.

No excavation, cut, or fill of earth or debris shall hereafter be undertaken unless a permit is issued by the administrative officials for such excavation, cut, or fill. (See also Municipal Code Sec. 48-16)

604.01.

There shall be no more than 2 points of access to a public street on a lot of less than 400 feet but more than 100 feet in width. Lots in excess of 400 feet may have 2 points of access to a public street for each 400 feet of frontage. Lots less than 100 feet in width shall have no more than 1 point of access to a public street.

604.02.

No point of access shall be allowed within ten feet of the intersection of the right-of-way lines of intersecting streets.

604.03.

No curbs on city streets or rights-of-way shall be cut or altered without written approval of the building inspector. A point of access shall not exceed 20 feet in width for one-way and/or one lane ingress or egress. Two-way access points shall not exceed 35 feet in width.

605.01.

In all cases where the ownership of land is divided for the purpose of eventual development of lots, the provisions of subdivision regulations shall apply in addition to the provisions of this ordinance.

606.01.

Whenever any street, alley, or other public easement is vacated, the district classifications of the property to which the vacated portions of land accrue shall become the classification of the vacated land.

607.01.

Every single-family or two-family residential building or structure hereinafter erected shall be located on a lot of record, and in no case shall there be more than one main building on one lot.

607.02.

More than one main multi-family residential building, institutional building, public or semipublic, commercial, or industrial building may be located upon a lot or tract, provided building setback requirements are not violated.

608.01.

Wherever water or sewer mains are accessible, buildings and mobile homes shall be connected to such mains. In every other case, individual water supply and sewage disposal must meet requirements set by the Mississippi State Board of Health and the Mississippi Air and Water Pollution Control Commission.

609.01.

No lot shall contain any dwelling unless such lot abuts at least 35 feet on at least one street or such lot was subdivided previous to the enactment of this ordinance. However, not more than 2 lots may share a common and unobstructed easement of access at least 40 feet wide, and such frontage or said easement shall abut at least 40 feet on a dedicated street.

609.02.

The following regulations regarding measurements of depth shall apply to front yards:

609.02-01.

Depth shall be the shortest possible distance measured horizontally between any part of a main building and any part of the front lot line.

609.02-02.

When the street right-of-way line describes a curve, an alternate method of measurement is herein provided and may be used at the option of the property owner or developer. The front yard may be measured at right angles to a chord extended between the points where the right-of-way line intersects the side lot line.

609.02-03.

The minimum depth of the front yard required for any newly constructed building shall be the average front yard depth of existing front yards located within 100 feet of either side of the lot and within the same block and zone.

609.02-04.

Where a lot is a corner lot fronting on two existing or proposed streets that intersect, the front yard may be designated by the owner without respect to the location of the front door.

609.03.

The following regulation regarding measurements of depth shall apply to rear yards:

609.03-01.

Where a lot is wedge-shaped or otherwise irregularly shaped in the rear yard, a rear yard of less than normal depth is permitted, provided the minimum depth is at least one-half the normally required rear yard depth, and the total area in the rear yard is not less than the total area in the rear yard of a rectangular-shaped lot having the minimum width required for the zone in question.

609.04.

The following regulation regarding the measurements shall apply to side yards:

609.04-01.

On corner lots in residential zones, the side yard fronting on an existing street or platted and recorded street that is unimproved shall have a depth not less than 50 percent of the required front yard depth.

609.05.

The following regulation regarding measurement shall apply to irregular yard lines:

609.05-01.

Where a wall of a building is not parallel with the lot line or where the lot line is irregular, the required depth or width of any such yard may be taken as the average depth or width, provided that the side yard shall not be narrower than 6 feet at any point and the front yard not less than 15 feet at any point.

610.01.

Cornices, coves, belt courses, ornamental features, and fire escapes may extend into the required yard area a minimum of 2 feet or 1/3 the required yard depth, whichever is less, if they are at least 7 feet above ground level at their lowest point.

610.02.

Covered porches, terraces, and enclosed vestibules or entryways not over 12 feet in width may extend 5 feet into a required front or rear yard, provided the nearest point of the projection is at least 10 feet from the front or rear lot line.

610.03.

Chimneys, open stairways, eaves, and gutters may extend two feet into the required side yard or one-third the required distance, whichever is less, providing that they do not occupy the aggregate more than one-third of the length of the building wall on which they are located.

611.01.

No accessory structure is permitted in any required yard or within 5 feet of any building other than that to which it is accessory; provided, a permitted accessory structure building may be erected in a rear yard, but no nearer the rear lot line than 5 feet.

612.01.

This element is covered under section 510 S-1 Special Use/Planned Unit Development District.

613.01.

On a corner lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner to impede vision between a height of 2½ and 10 feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along street lines 50 feet from the point of the intersection of street lines.

614.01.

Notwithstanding other provisions of this ordinance, fences, walls, and hedges may be permitted in any required yard or along the edge of any yard provided that no fence, wall, or hedge along the sides or front edge of any required front yard shall be over 2½ feet in height. Further, in the case of reverse frontage lots (See Appendix B, page B-2), fence heights on the rear of lots adjacent to the street may not exceed 2½ feet for half the distance of the required front yard from the back corner along the street and from the back corner the same distance from the street along the rear property line.

615.01.

Public, semipublic, and public utility uses shall maintain a front and rear building setback line of 40 feet and a side building setback line of 20 feet.

616.01.

Application of regulations. This section shall be considered as far as practical to contain all of the regulations pertaining to the erection and maintenance of signs and outdoor advertising devices located in Brookhaven, Mississippi, and in the event of a conflict between the provisions of this ordinance and the provisions of any now existing ordinance of the City of Brookhaven, regulations set forth herein shall control:

(a)

The regulations herein set forth apply and govern in all zoning districts of the City of Brookhaven as specified hereinafter.

(b)

No business sign or outdoor advertising sign shall be erected within the City Limits unless it is in compliance with the regulations for the district in which it is to be located as set forth in this ordinance.

(c)

No sign, floodlight or other outdoor advertising device shall be erected or continued in existence which is considered unsafe or is an abandoned sign in any zoning district.

(d)

No illuminated sign shall be of such intensity of illumination as to unduly disturb the use of any residential district, or cause any hazard to traffic, or employ red or blue flashing lights.

(e)

These sign regulations are established to assure [sic] compatibility of signs with surrounding land usage, to enhance the economy of the City, to protect the public investment in streets and highways, and to promote the reasonable, orderly and effective display of outdoor advertising.

(f)

No sign, symbol, placard or advertising device of any kind visible otherwise than in the interior of the building where the beverages are sold or made available shall advertise the sale or availability of beer or any other alcoholic beverage; provided that this section shall not be construed to prohibit the advertisement of beer in a regularly published newspaper, magazine or other publication the primary purpose of which is not the advertisement of the sale of beer.

(Ord. No. 4-1981, 4-7-1981, M.B. 30, P. 249)

616.02.

General requirements. Outdoor advertising signs and business signs of a permanent nature (not including signs allowed for home occupation) shall be classified as a commercial activity, and such signs shall only be permitted in commercial and industrial districts as herein specified. The placing, tacking, painting, hanging, or otherwise erecting or affixing of any kind of sign, outdoor advertising sign, or poster, which is visible from the public highways and streets on any wall of building, barns, shed, trees, fences, or any other structure except as otherwise provided in this ordinance is prohibited.

(a)

Setback. No outdoor advertising sign or business sign, except as hereinafter provided, shall be erected, placed or hung closer than fifteen (15) feet to the nearest property line to the highway, street or road upon which said display is facing; except, one business sign advertising the primary nature of the business or industry conducted on the premises may be placed no closer than five (5) feet to the right-of-way line; it shall be a violation of this ordinance to place any sign which will obstruct the view of traffic or create a hazard for the motoring public, and the setback requirements as specified herein shall be subject to individual alteration for purposes of safety where found necessary.

(b)

Real Estate Signs. Signs advertising the property for sale or rent upon which the sign is located shall be permitted in all zoning districts as temporary signs, providing that said signs contain less than twenty-five (25) square feet in commercial areas and not more than eight (8) square feet in residential areas.

(c)

Residential. In any residential zoning district, small professional or announcement signs of professions or businesses classified as home occupations, and permitted in said districts, shall not exceed two (2) square feet in area.

(d)

Directional Signs. Temporary directional signs not exceeding two (2) square feet may be erected in all zoning districts provided such signs are not within five (5) feet of the right-of-way of any street or highway.

(e)

Nonconforming Signs. Any outdoor advertising sign or business sign which does not conform to the provisions of this ordinance but which is now legally erected and existing and properly maintained shall be allowed to remain and shall be considered as "grandfathered" in place; except that no such sign shall be (1) replaced after the use thereof ceases or (2) repaired, but shall be removed unless within sixty (60) days after replacement or repair is necessary or appropriate such is accomplished, in which case the sign's status as a permissible non-conforming or "grandfathered" sign may continue.

(f)

Illegal Signs. Any sign which is an illegal sign, one that is erected or placed in violation of this ordinance after the ordinance has become effective, shall be removed immediately without liability to the City for said removal, and with the cost of said removal to be a liability of the sign owner, or property owner, as described for abandoned signs in Subparagraph (g) below.

(g)

Sign Maintenance. All outdoor advertising signs whether permitted to remain as a non-conforming sign structure or is permitted under the terms of this ordinance that is found to be abandoned, or is considered to be in such disrepair, or is so poorly maintained so as to produce a visual blight, or creates any hazard to the public, shall be subject to removal without liability to the City of Brookhaven after providing notice to the sign owner, if known, and to the landowner, to remove the sign within thirty (30) days of said notice and the City is required to so remove. The cost of removal shall be a liability of the sign owner, or property owner, as determined by the Mayor and Board of Aldermen.

(Ord. No. 40-1981, 4-7-1981, M.B. 30, P. 249)

616.03.

Permitted Outdoor Advertising Signs. Outdoor advertising signs may be erected and maintained in commercial and industrial districts of the City of Brookhaven and shall conform to the following regulations:

(a)

Size. The maximum area or size of any outdoor advertising sign shall not exceed five hundred (500) square feet in sign area, said area not to include as part of the measurement the structural components or trim of said sign.

(b)

Spacing. All flashing outdoor advertising signs permitted to be erected under this ordinance shall not be erected after passage unless the sign is spaced a minimum of two hundred (200) feet from a then-existing outdoor advertising sign on the same side of the road as measured along a line parallel to such road; this spacing does not include back-to-back, side-by-side or v-type sign structures, as such sign structures are considered to be one sign structure for spacing requirements.

(c)

Illumination. All illuminated outdoor advertising signs shall be so illuminated as to adhere to the customary practices of the industry in Mississippi at the time of passage of this ordinance, providing that no lighting device shall be used which in any way imitates any traffic control device, railroad sign or signal, or highway directional sign, or in any manner directs flashing lights to a residential zone, or in any way creates a traffic hazard, or utilizes the colors red or blue.

616.04.

Bond or insurance requirements. No person shall engage in the business of erecting or maintaining outdoor advertising signs as regulated under this article within the corporate limits of the City of Brookhaven until after such person shall have filed with the City Clerk evidence of liability insurance coverage of $50,000.00 property damage, $100,000.00 personal injury to any one person and $200,000.00 for personal injury growing out of any one occurrence; such liability insurance will save and keep the City and all of its officials, employees and agents harmless from all damages, liabilities, losses or judgments resulting by reason of the erection or maintenance of any such sign, and of any injury to persons or damages to property resulting therefrom. Further, no person shall install, erect or maintain any outdoor advertising sign as defined in this ordinance until such person has filed with the City a surety bond in the penal sum of One Thousand Dollars ($1,000.00) and shall be conditioned upon good and faithful installation, erection and maintenance under the terms and conditions as set forth in this ordinance and the laws of the State of Mississippi.

(Ord. No. 4-1981, 4-7-1981, M.B. 30, P. 249)

616.05.

Permits and Application. It shall be unlawful for any person to henceforth erect or locate any outdoor advertising sign structure without first obtaining a permit and paying the required permit fee. The application for sign permits shall contain or have attached thereto the following information:

(a)

Name, address and telephone number of the applicant.

(b)

Location of the buildings, structure or lot to which or upon which the sign is to be located.

(c)

Name of person, firm, corporation or association erecting the sign.

(d)

Name and mailing address of the property owner of the property upon which the sign is to be located.

(e)

Evidence of insurance coverage and bond responsibility as required under this ordinance.

617.01

Construction of microwave, radio, telecommunications, television, and other electronic transmission or receiving towers may be allowed in zone A-1, C-3, I-1 or I-2 upon a finding by the City Planning and Zoning Commission that the proposed tower or towers will not be unduly detrimental to surrounding property. Towers with heights in excess of 100 feet shall be subject to the approval of the Board of Aldermen. Towers shall not be permitted in cases where they would violate height restrictions of an aircraft approach and turning zone.

617.02

Any party who seeks approval for construction of microwave, radio, telecommunication, television, and other electronic transmission or receiving towers shall submit plans to the City Planning and Zoning Commission for the proposed towers which shall comply with all applicable codes of the City of Brookhaven and State of Mississippi, the Federal Communication Commission and the Federal Aviation Administration. Application shall also provide a detailed plat of the location and property where the proposed tower will be constructed.

(Ord. No. 146-1997, 12-18-1997)