4.1.1

For the purpose of this Ordinance, zoning districts are hereby established as follows:

(Res. No. 2020-048, Amd. 1, 8-18-2020)

4.1.2

For the purposes of this Ordinance, the zoning districts named in Section 4.1.1 shall be of the number, size, shape, and location shown on the "Official Zoning Map" adopted and included in its entirety as a part of this Ordinance.

4.2.1

Unless otherwise provided by law or specifically in this Ordinance, no land or building or structure shall be used or occupied except for a use permitted in the zoning district within which the land or building or structure is located.

4.2.2

The regulations set by this Ordinance shall apply uniformly to each class or kind of structure or land, except as provided for in this Ordinance.

4.2.3

No building, structure, or land shall hereafter be erected, constructed, reconstructed, moved, or structurally altered internally or externally and no building or structure or part thereof shall hereafter be used or occupied unless it is in conformity with the regulations herein specified for the use and district in which it is located.

4.2.4

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

4.2.5

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

4.2.6

Any territory which may hereafter be annexed into the City of Diamondhead shall maintain the zoning classification assigned by the county prior to the annexation. The annexed land shall be rezoned according to the City of Diamondhead zoning regulations at a public hearing at a time designated by the Planning Commission. In the event the annexed territory is without a zoning classification at the time of annexation, then such annexed territory shall remain un-zoned until otherwise classified by the City of Diamondhead.

4.3.1

A map entitled, "Official Zoning Map—City of Diamondhead Mississippi" accompanies this Ordinance and is declared a part of this Ordinance.

4.3.2

The Official Zoning Map shall be identified by the signature of the Mayor attested by the City Clerk, and shall bear the adoption date of this Ordinance and the seal of the City of Diamondhead under the following words: "This is to certify that this is the Official Zoning Map adopted [DATE], as part of the City of Diamondhead Zoning Ordinance."

4.3.3

Changes of any nature to the Official Zoning Map shall be made in conformity with the amendment procedures set forth in this Ordinance. All changes shall be noted by date with a brief description of the nature of the change.

4.3.4

Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map shall be located in the Diamondhead City Hall and shall be the final authority on boundaries and districts.

4.3.5

Replacement of Official Zoning Map.

A.

If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, the City Council may, by resolution, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map.

B.

The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall include an amendment thereof.

C.

The new Official Zoning Map shall be identified by the signatures of the Mayor, attested by the City Clerk, and bearing the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted as part of the Diamondhead Zoning Ordinance."

D.

Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any part or parts thereof remaining shall be preserved together with all available records pertaining to its adoption or amendment.

4.4.1

Zoning boundaries drawn approximately following the centerlines of streams, drainage ways, streets, alleys, railroads or other rights-of-way shall be construed to follow such centerlines. In the event of any change in the centerline, the zoning boundary shall be construed as moving with the actual centerline.

4.4.2

Boundaries approximately following property lines shall be construed as following such property lines.

4.4.3

Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of such map.

4.4.4

Where physical features existing on the ground vary with those shown on the Official Zoning Map, or in other circumstances not covered by Subsections 4.4.1 through 4.4.3 above, the Planning Commission shall interpret the district boundaries.

4.4.5

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

4.4.6

Where a district boundary line divides a lot which was in single ownership at the time of passage of this ordinance, the City may permit, as a conditional use, the extension of the regulations for either portion of the lot not to exceed fifty (50) feet beyond the district line into the remaining portion of the lot.

4.5.1

Purpose.

This is the most restrictive district and least densely populated of the residential districts. The principal use of land is for single-living unit dwellings situated upon larger lots along with 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. It is also the intent of this district to require the continued development of existing neighborhoods in a manner consistent with the requirements for minimum square footage as established by the Diamondhead Property Owners Association and any covenants associated with the subject property or neighborhood.

4.5.2

Uses Permitted by Right.

The uses permitted by right in the R-1 Low Density Single-family Residential District are set forth in Section 4.21, Chart of Permitted Uses.

4.5.3

Conditional Uses.

The uses permitted by conditional use permit in the R-1 Low Density Single-family Residential District are set forth in Section 4.21, Chart of Permitted Uses. Provisions setting forth the conditional use application and review process are contained in Section 2.5 of this Ordinance.

4.5.4

Accessory Uses.

Accessory uses shall be permitted in the R-1 Low Density Single-family Residential District only if such use complies with the relevant standards contained in Section 4.18 of this Ordinance.

4.5.5

Dimensional Requirements.

Each of the following dimensional requirements shall apply to each use in the R-1 Low Density Single-family Residential District, except as specifically provided for in this Ordinance.

A.

Maximum Building Height: 35 feet except as provided in Section 5.3.

B.

Maximum Building Site Coverage: 45%.

C.

Minimum Lot Area: 10,000 square feet.

D.

Maximum Density: 4 dwelling units per acre.

E.

Minimum Yards:

i.

Front yard: 20 feet.

ii.

Side yards: 10 feet, except that on a corner lot the side yard abutting a street right-of-way shall be the same as the required front yard.

iii.

Rear yard: 20 feet.

F.

Lot width: Minimum of 80 feet at building setback line, and 40 feet on a public or platted street. Corner lots shall have a minimum width of 85 feet at the building setback line.

G.

Minimum living area: For all new primary dwelling units, the minimum floor area of said structures shall meet the square footages as indicated on the Map of Minimum Square Footage Requirements.

4.5.6

Off-Street Parking Requirements.

See Article 8 for off-street parking and loading requirements.

(Ord. No. 2018-033 , 8-7-2018)

4.6.1

Purpose.

The purpose of the R-2 Medium Density Single-Family Residential District is to provide areas to meet the needs of the present and expected future residents seeking medium density residential lifestyle with the benefits of urban services and related recreational, religious, and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. This district is designed to accommodate single-living unit dwellings, to protect residential neighborhoods from the negative impacts of incompatible land uses, and to protect residents' privacy, access to air and solar energy, and investments of money, time and pride in their community. It is also the intent of this district to require the continued development of existing neighborhoods in a manner consistent with the requirements for minimum square footage as established by the Diamondhead Property Owners Association and any covenants associated with the subject property or neighborhood. This District is also intended to afford residents the opportunity to live in proximity to recreational services and amenities within the community.

4.6.2

Uses Permitted by Right.

The uses permitted by right in the R-2 Medium Density Single-Family Residential District are set forth in Section 4.21, Chart of Permitted Uses.

4.6.3

Conditional Uses.

The uses permitted by conditional use permit in the R-2 Medium Density Single-Family Residential District are set forth in Section 4.21, Chart of Permitted Uses. Provisions setting forth the conditional use application and review process are contained in Section 2.5 of this Ordinance.

4.6.4

Accessory Uses.

Accessory uses shall be permitted in the R-2 Medium Density Single-Family Residential District only if such use complies with the relevant standards contained in Section 4.18 of this Ordinance.

4.6.5

Dimensional Requirements.

Each of the following dimensional requirements shall apply to each use in the R-2 Medium Density Single-Family Residential District, except as specifically provided for in this Ordinance.

A.

Maximum Building Height: 35 feet except as provided in Section 5.3.

B.

Maximum Building Site Coverage: 45%.

C.

Minimum Lot Area: 6,000 square feet.

D.

Maximum Density: 7 dwelling units per acre.

E.

Minimum Yards:

i.

Front yard: 20 feet.

ii.

Side yards: ten feet, except that on a corner lot the side yard abutting a street right-of-way shall be the same as the required front yard.

iii.

Rear yard: 20 feet.

F.

Lot width: Minimum of 60 feet at building setback line, and 40 feet on a public or platted street. Corner lots shall have a minimum width of 75 feet at the building setback line.

G.

Minimum living area: For all new primary dwelling units, the minimum floor area of said structures shall meet the square footages as indicated on the Map of Minimum Square Footage Requirements.

4.6.6

Off-Street Parking Requirements.

See Article 8 for off-street parking and loading requirements.

(Ord. No. 2018-033 , 8-7-2018; Ord. No. 2018-039 , 9-6-2018; Res. No. 2021-062 , 9-7-2021)

4.7.1

Purpose.

The purpose of the R-3 High Density Single-Family Residential District is to provide areas for the development of a variety of attached or detached single-family housing types, including patio homes, townhomes, duplexes, and condominiums, where such development occurs at higher densities and residents are in closer proximity to one another. This district may also accommodate related recreational, religious, and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. It is also the intent of this district to require the continued development of existing neighborhoods in a manner consistent with the requirements for minimum square footage as established by the Diamondhead Property Owners Association and any covenants associated with the subject property or neighborhood. Additionally, this district is also for the purpose of protecting and preserving existing low or medium density single-family neighborhoods from nearby non-residential development by serving as a transitional land use.

4.7.2

Uses Permitted by Right.

The uses permitted by right in the R-3 High Density Single-Family Residential District are set forth in Section 4.21, Chart of Permitted Uses.

4.7.3

Conditional Uses.

The uses permitted by conditional use permit in the R-3 High Density Single-Family Residential District are set forth in Section 4.21, Chart of Permitted Uses. Provisions setting forth the conditional use application and review process are contained in Section 2.5 of this Ordinance.

4.7.4

Accessory Uses.

Accessory uses shall be permitted in the R-3 High Density Single-Family Residential District only if such use complies with the relevant standards contained in Section 4.18 of this Ordinance.

4.7.5

Dimensional Requirements.

Each of the following dimensional requirements shall apply to each use in the R-3 High Density Single-Family Residential District, except as specifically provided for in this Ordinance.

A.

Maximum Building Height: shall be as noted below except as provided in Section 5.3.

B.

Maximum Building Site Coverage:

C.

Minimum Lot Area:

D.

Maximum Density:

E.

Minimum Yards:

i.

Single-family detached.

a.

Front yard: 20 feet from the street right-of-way line to the building setback line.

b.

Side yards: 5 feet except that on a corner lot the side yard abutting a street right-of-way shall be the same as the required front yard.

c.

Rear yards: 20 feet.

ii.

Zero-lot line or Townhouse.

a.

Front yard: 20 feet from the street right-of-way line to the building setback line.

b.

Side yards: 0 feet at common firewall; 10 feet at end of building unit or lot line; 20 feet between townhouse building clusters or on street side of a corner lot.

c.

Rear yards: 20 feet.

iii.

All other uses.

a.

Front yard: 20 feet from the street right-of-way line to the building setback line.

b.

Side yards: 10 feet except that on a corner lot the side yard abutting a street right-of-way shall be the same as the required front yard.

c.

Rear yards: 20 feet.

F.

Minimum living area: For all new primary dwelling units, the minimum floor area of said structures shall meet the square footages as indicated on the Map of Minimum Square Footage Requirements.

G.

Minimum lot width:

4.7.6

Off-Street Parking Requirements.

See Article 8 for off-street parking and loading requirements.

4.8.1

Purpose.

The purpose of the High Density Multi-Family Residential District is to provide areas for the development of a variety of higher density housing types, duplexes, fourplexes, and conventional apartments and related recreational, religious, and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. The use of this district is appropriate as a transition zone between single-family residential districts, commercial uses, or other non-residential land uses that may devalue single-family homes.

4.8.2

Uses Permitted by Right.

The uses permitted by right in the High Density Multi-Family Residential District are set forth in Section 4.21, Chart of Permitted Uses.

4.8.3

Conditional Uses.

The uses permitted by conditional use permit in the High Density Multi-Family Residential District are set forth in Section 4.21, Chart of Permitted Uses. Provisions setting forth the conditional use application and review process are contained in Section 2.5 of this Ordinance.

4.8.4

Accessory Uses.

Accessory uses shall be permitted in the High Density Multi-Family Residential District only if such use complies with the relevant standards contained in Section 4.18 of this Ordinance.

4.8.5

Dimensional Requirements.

Each of the following dimensional requirements shall apply to each use in the High Density Multi-Family Residential District, except as specifically provided for in this Ordinance.

A.

Maximum Building Height: shall be as noted below except as provided in Section 5.3.

B.

Maximum Building Site Coverage:

C.

Minimum Lot Area:

D.

Maximum Density:

E.

Minimum Yards:

i.

Single-family detached.

a.

Front yard: 20 feet from the street right-of-way line to the building setback line.

b.

Side yards: 5 feet except that on a corner lot the side yard abutting a street right-of-way shall be the same as the required front yard.

c.

Rear yards: 20 feet.

ii.

Zero-lot line or Townhouse.

a.

Front yard: 20 feet from the street right-of-way line to the building setback line.

b.

Side yards: 0 feet at common firewall; 10 feet at end of building unit or lot line; 20 feet between townhouse building clusters or on street side of a corner lot.

c.

Rear yards: 20 feet.

iii.

All other uses.

a.

Front yard: 20 feet from the street right-of-way line to the building setback line.

b.

Side yards: 10 feet except that on a corner lot the side yard abutting a street right-of-way shall be the same as the required front yard.

c.

Rear yards: 20 feet.

F.

Minimum Lot Width:

4.8.6

Off-Street Parking Requirements.

See Article 8 for off-street parking and loading requirements.

4.9.1

Purpose.

The purpose of this district is to allow the development of manufactured home communities and manufactured home parks, either as subdivisions or as rental parks, in certain areas of the city. This district may also accommodate related recreational, religious, and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. It is also the intent of this district to require the continued development of existing neighborhoods in a manner consistent with the requirements for minimum square footage as established by the Diamondhead Property Owners Association and any covenants associated with the subject property or neighborhood.

4.9.2

Uses Permitted by Right.

A.

The uses permitted by right in the MH Manufactured Home District are set forth in Section 4.21, Chart of Permitted Uses.

B.

In addition to the provisions of Section 4.21, the following use may also be permitted by right within this district: Laundromat, vending machine center, and related auxiliary uses incidental to the primary manufactured home uses, provided that such structures for auxiliary uses do not constitute over 10 percent of the total site area of the park, and further provided that they be exclusively for the use of the residents of the manufactured home park.

4.9.3

Conditional Uses.

The uses permitted by conditional use permit in the MH Manufactured Home District are set forth in Section 4.21, Chart of Permitted Uses. Provisions setting forth the conditional use application and review process are contained in Section 2.5 of this Ordinance.

4.9.4

Site Plan Required.

No building permit to construct a new manufactured home park or subdivision or to expand (by the addition of one or more spaces) an existing manufactured home park or subdivision shall be issued until the applicant for the building permit has complied with the provisions of Section 2.4 relative to site plan review. All new manufactured home parks and subdivisions established after the effective date of this Ordinance shall comply with all of the provisions herein.

4.9.5

Building Permit Required.

Prior to the connection of utilities (water, sewer, electricity) to serve any manufactured home located in a manufactured home park or subdivision, the owner of the manufactured home, or the owner (or his/her authorized representative) of the manufactured home park in cases where both the space and the manufactured home are leased or rented, shall apply for a building permit. All electrical wiring and plumbing connections shall be performed in accordance with all applicable building codes as adopted by the City of Diamondhead by qualified, licensed, and bonded electricians and plumbers. Furthermore, any person responsible for placing a manufactured home in a manufactured home park shall comply with the tie down standards and all applicable building codes as adopted by the City of Diamondhead.

4.9.6

Dimensional Requirements.

A.

Maximum Building Height: 35 feet except as provided in Section 5.3.

B.

Maximum Building Site Coverage: 60%.

C.

Minimum Lot Area:

i.

Minimum of 3 contiguous acres of developable land for manufactured home parks.

ii.

Minimum of 17 Manufactured Home lots.

iii.

Maximum density: 8 Manufactured Home lots/acre.

iv.

Minimum Manufactured Home lot: 5,000 square feet.

v.

Minimum Separation: Sixteen (16) feet separation of manufactured home and/or mobile homes from each other and from other structures located on other lots.

D.

Maximum Density: 8 dwelling unit per acre.

E.

Minimum Yards:

i.

Front yard: 20 feet from the public right-of-way line to the building setback line.

ii.

Side yards: 10 feet or 20 feet along the street side of a corner lot.

iii.

Rear yards: 20 feet.

Additional yards and setbacks concerning manufactured home parks are included in Section 4.9.11.

F.

Minimum Lot Width: 40 feet at building setback line.

G.

Accessory Buildings or Uses:

Accessory buildings or uses shall comply with the same height and yard requirements as manufactured homes, except as provided in Section 4.18.3(D)(ii). Accessory buildings or uses shall be located a minimum distance of 10 feet away from all manufactured homes or other main buildings within the Manufactured Home park or subdivision.

4.9.7

Off-Street Parking Requirements.

In order to provide for the free movement of traffic through the park on park streets, no on-street parking shall be permitted on any manufactured home park street. See Article 8 for the off-street parking requirements of this district.

4.9.8

Foundations and Anchors.

A.

A manufactured home and/or mobile home stand (pad) is required for each manufactured home and/or mobile home lot. Each pad shall be well drained, uniformly graded and compacted as approved by the Building Official.

B.

Foundations and anchor systems shall be installed according to State Law. Every manufactured home shall be installed in accordance with the manufacturer's "owner's manual" or at a minimum, the Uniform Standard Code for Factory Manufactured Homes Act and the rules and regulations of the Manufactured Home Division of the Mississippi State Fire Marshal's Office.

C.

All tie down straps shall be 1.25"-x 0.035"-galvanized steel conforming to ASTM standard specifications 10-3953-91. Tie down straps to be Type I, Finish B, Grade 1 steel strapping certified by a registered professional engineer. Strap to have an ultimate load capacity of 4,725 lbs. and an allowable working load of 3,150 lbs. minimum.

D.

Ground anchors shall be cable of resisting a tensile load of 5,000 lbs. and an angle load (45 degrees) of 4,000 lbs. minimum per anchor. Anchors shall be installed full depth, below frost line and 12" minimum above water table. Minimum anchor capacity required is as noted and indicated on P.E. Certified Pier and Tie Down details. Anchors should be certified by a professional engineer, architect, or a nationally recognized testing laboratory as to their resistance, based on the maximum angle or diagonal tie and/or vertical tie loading and angle of anchor installation and type of soil in which the anchor is to be installed. Anchoring equipment exposed to weathering shall have a resistance to weather deterioration at least equivalent to that provided by a coating of zinc on steel of not less than 0.30 ounces per square foot of surface coated.

E.

The frame tie down straps shall be installed on the outermost I-Beam of the home using the spacing shown in the "owner's manual."

F.

Strap installation to anchors must be in accordance with "owner's manual."

G.

Tie down straps must be tightened alternately on opposite sides of the home or the home may be pulled off its supports. Stabilizer plates shall be installed to provide added resistance to overturning or sliding forces.

H.

Where a vertical tie and a diagonal tie are located at the same place, both ties may be connected to a single anchor, provided that the anchor used is capable of carrying both loads simultaneously.

I.

This aforementioned system is based on the assumption that the home itself is constructed to resist the design load reference above, if not, owner must present to the Building Official a certified professional engineer's plans for the anchoring of said manufactured and/or mobile home in accordance with HUD Wind Zone II regulations.

4.9.9

Traffic Circulation.

A.

Direct vehicular access to the land lease community and/or manufactured home park shall be provided by means of an abutting improved public street. Each development shall be provided with one or more major interior thoroughfares for complete and uninterrupted traffic circulation within its boundaries. These major thoroughfares shall be directly related or connected to the major point or points of ingress and egress. Minor streets may extend from the major thoroughfares as necessary to serve the traffic circulation needs of the development. On-street parking is prohibited. The following minimum requirements shall apply to major thoroughfares:

i.

For developments designed to accommodate one hundred (100) sites or more—thirty (30) feet wide paved driving surface with curbing as may be required by the Zoning Administrator.

ii.

For developments designed to accommodate less than one hundred (100) sites—twenty-two feet wide paved driving surface with curbing as may be required by the Zoning Administrator.

B.

Minor streets shall be those streets serving a minimum number of sites, clusters of sites, cul-de-sacs, parking bays, or similarly arranged manufactured homes within the overall plan. Minor streets shall be provided with a twenty (20) feet wide paved driving surface with curbing as may be required by the Zoning Administrator. On-street parking shall be prohibited.

C.

Cul-de-sacs shall have a minimum diameter of ninety (90) feet with a minimum paved driving surface of twenty (20) feet width and curbing as may be required by the Zoning Administrator on the perimeter of the cul-de-sac paved surface.

D.

Street intersection center lines shall be a minimum of one hundred (100) feet apart if not directly opposite one another and shall be at right angles, except where other arrangements of intersections provide for equal or better movement of traffic.

E.

All streets shall be constructed to meet the minimum requirements of the Subdivision Regulations of the City and amendments thereof, except minimum widths as specified herein shall apply.

F.

Automotive parking shall all be off street and in parking stalls or bays of ten (10) feet by twenty (20) feet minimum. Two (2) off-street parking spaces shall be provided for each manufactured home. One (1) such parking space shall be provided at each site. The second space may be located in parking bays not more than one hundred fifty (150) feet from the site.

4.9.10

Open Space and Recreational Areas.

A.

A minimum of ten (10) percent of the gross manufactured home park area shall be set aside and developed as common use areas for open or enclosed recreational facilities.

B.

No street, storage area, manufactured home lot or utility site shall be included in meeting recreational purposes.

C.

No area to be computed as recreation space shall have a dimension less than twenty (20) feet measured in any direction.

4.9.11

Setbacks and Screening.

Each manufactured home park shall have set aside along the perimeter of the property line the following areas which shall be landscaped and used for no other purpose:

A.

Minimum park front setback.

Thirty (30) feet, except when the park abuts a designated major thoroughfare, then the minimum shall be fifty (50) feet.

B.

Minimum side setback.

When abutting residential districts, the side setback shall be twenty-five (25) feet; when abutting a dedicated public right-of-way, the side setback shall be thirty (30) feet on the side street; when abutting a designated major thoroughfare, the minimum shall be fifty (50) feet; when abutting any other zoning district, the side setback shall be twenty-five (25) feet along the interior lot line.

C.

Minimum park rear setback.

Twenty-five (25) feet, except when the rear yard abuts a dedicated public right-of-way, the minimum shall be thirty (30) feet. If the rear yard abuts a designated major thoroughfare, the minimum rear setback shall be fifty (50) feet.

D.

Where needed to enhance aesthetics or to ensure public safety, the park grounds shall be enclosed by a fence, wall, landscape screening, earth mounds or by other designs approved by the Planning Commission which will complement the landscape and ensure compatibility with the adjacent environment.

4.9.12

Utilities.

Privies, septic tanks, underground absorption fields, sewerage lagoons, the use of "honey wagons," package-type treatment facilities and other types of private wastewater treatment systems are strictly prohibited. Also prohibited is the use of private water supply systems. The land lease community and/or manufactured home park shall under all circumstances connect to the water supply and wastewater disposal systems serving the City of Diamondhead. Stormwater sewers shall be separate and apart from any sewers intended for the conveyance of sanitary sewerage. All utilities shall be approved by the appropriate agency having responsible charge for the operation of such utilities.

A.

Electrical and Gas Supply Systems.

All electrical and gas equipment installations within a manufactured home land lease community and/or manufactured home park shall be in compliance with the codes and the City of Diamondhead, Mississippi, governing the same.

B.

Lighting.

Adequate lighting shall be provided for all streets, walkways, buildings and other facilities subject to nighttime use. Exterior illumination shall be provided in accordance with Article 18 and as follows:

i.

Streets.

An average illumination level of six tenths (0.6) of a foot-candle and a minimum level one-tenth (0.10) of a foot-candle.

ii.

Service Buildings.

Illumination levels of at least five (5) foot-candles shall be maintained at the entrance.

iii.

Common Parking Areas.

Illumination levels for commercial or industrial zoned property shall not exceed two (2) foot-candles and two tenth (0.2) foot-candles along the property line when adjoining property is zoned for residential uses.

C.

Swimming Facilities.

If provided, such facilities shall be designed in accordance with the codes of the City of Diamondhead governing the same and applicable regulations of the Mississippi State Board of Health and/or the Mississippi Department of Environmental Control.

4.9.13

Refuse Disposal.

A.

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

B.

Durable, watertight, easily cleanable refuse container, sufficient to contain all the refuse, shall be provided at each service building, or at a central storage area readily accessible and located not more than three hundred (300) feet from any lot unless provided at the lot. Refuse containers shall be provided at the rate of eight (8) cubic feet (sixty (60) gallons) for each five (5) lots or the equivalent thereof if containers are provided at individual lots.

C.

All solid waste generated by a land lease community and/or mobile home park shall be stored and disposed of in accordance with the Mississippi State Board of Health Regulations governing solid waste management and codes of the City of Diamondhead, Mississippi, governing the same.

4.9.14

Fire Protection.

All manufactured home parks shall have fire hydrants connected to six-inch (6") water mains and located within five hundred (500) feet of every manufactured home lot or space. The required five-hundred-foot distance is measured along the street or drive areas or otherwise to the specific hose layout per fire department requirements.

4.9.15

Service Building.

Management headquarters, recreational facilities, coin-operated laundry facilities, service buildings and other buildings and other accessory structures permitted by the Planning Commission are allowed as accessory uses to the park.

A.

One or more service buildings shall be provided at such locations as to be reasonably accessible to residents of the park.

B.

Service buildings shall include space and separation for a park manager's office, storage and maintenance equipment and supplies and recreational management.

C.

Service buildings space shall also be provided for tenant active storage of outdoor equipment, furniture and tools and for inactive storage of such material as is used only seasonally or infrequently.

D.

A minimum of one hundred fifty (150) cubic feet for general storage for each manufactured home and/or manufactured home lot shall be provided on the lot or within one hundred (100) feet of the lot.

E.

Storage facilities shall be constructed of suitable weather-resistant materials.

F.

No service building shall be located closer than five (5) feet to any manufactured home or other structure and shall not be placed over any collector sewer or sewage disposal facility.

G.

The accessory uses and structures are intended to serve only the residents of the park.

4.9.16

Walking Areas, Patios, Decks, Etc.

A walking area such as a patio, deck, etc., shall be placed in front of the manufactured home and/or mobile home entrance. The walking area shall be constructed of concrete or other suitable material as approved by the Planning Commission and shall be a minimum of eight (8) feet wide by ten (10) feet long. If desired, an awning or other cover may be provided for the walking area and/or other cover must be attached to the manufactured home and/or mobile home and shall not be enclosed on the sides. In regard to yard setback requirements, except for the yard on the street side, this cover shall not be considered as a structure.

4.9.17

Exterior Appearance of Manufactured Homes.

Each manufactured home hereafter placed within the City of Diamondhead shall comply with the following requirements for exterior appearance:

A.

Each manufactured home shall have the space between the bottom of the exterior walls and the ground covered, or screened, with material which matches the exterior finish of the manufactured home, or a heavier material in appearance.

B.

The exterior finish of all manufactured homes shall be of an approved siding material.

C.

No manufactured home shall have a flat roof.

4.10.1

Purpose.

The purpose of the C-1 General Commercial District is to provide for the development and operation of retail and personal service establishments at a scale sufficient to serve the needs of the residents of the Diamondhead community, and to a certain extent the needs of the traveling public. This district is not intended to encroach on existing residential development, nor is it to result in a threat to the investment in residential development.

4.10.2

Uses Permitted by Right.

The uses permitted by right in the C-1 General Commercial District are set forth in Section 4.21, Chart of Permitted Uses.

4.10.3

Conditional Uses.

The uses allowed by conditional use permit in the C-1 General Commercial District are set forth in Section 4.21, Chart of Permitted Uses. Provisions setting forth the conditional use application and review process are contained in Section 2.5 of this Ordinance.

4.10.4

Accessory Uses.

Accessory uses shall be permitted in the C-1 General Commercial District only if such use complies with the relevant standards contained in Section 4.18 of this Ordinance.

4.10.5

Lot Area, Width, Building Coverage, Required Yards and Height Regulations.

Each of the following dimensional requirements shall apply to each use in the C-1 General Commercial District, except as specifically provided for in this Ordinance.

A.

Maximum Building Height: 35 feet except as provided in Section 5.3. A height of 50 feet shall be allowed with conditional use approval.

B.

Maximum Building Site Coverage: 75%.

C.

Minimum Lot Area: None.

D.

Minimum Lot Width: 100 feet.

E.

Maximum Density: None.

F.

Minimum Yards:

i.

Front yard (from the street right-of-way line to the building setback line): 25 feet.

ii.

Side yards: 5 feet*.

iii.

Rear yard: 10 feet.

A side yard setback of 0 feet shall be permitted when adjoining property is developed contemporaneously and building façade is continuous.

4.10.6

Off-Street Parking Requirements.

See Article 8 for off-street parking and loading requirements.

4.11.1

Purpose.

The purpose of the C-2 Interstate Commercial/Gaming/Resort District is to provide for the logical development of areas in close proximity to Interstate 10 and within the potential reaches of sites suitable for casino gaming. This district is intended to provide for land uses that require higher traffic volumes and serve both the residents of the Diamondhead community and those within the region. Additionally, this zoning classification is created to accommodate and encourage an expansion of the municipal tax base by allowing casino gaming at appropriate locations and certain land uses associated with gaming, including, but not limited to, restaurants, hotels, retail and personal services, and entertainment venues. This district is not intended to encroach on existing residential development, nor is it to result in a threat to the investment in residential development.

4.11.2

Uses Permitted by Right.

The uses permitted by right in the C-2 Interstate Commercial/Gaming/Resort District are set forth in Section 4.21, Chart of Permitted Uses.

4.11.3

Conditional Uses.

The uses allowed by conditional use permit in the C-2 Interstate Commercial/Gaming/Resort District are set forth in Section 4.21, Chart of Permitted Uses. Provisions setting forth the conditional use application and review process are contained in Section 2.5 of this Ordinance.

4.11.4

Accessory Uses.

Accessory uses shall be permitted in the C-2 Interstate Commercial/Gaming/Resort District only if such use complies with the relevant standards contained in Section 4.18 of this Ordinance.

4.11.5

Lot Area, Width, Building Coverage, Required Yards and Height Regulations.

Each of the following dimensional requirements shall apply to each use in the C-2 Interstate Commercial/Gaming/Resort District, except as specifically provided for in this Ordinance.

A.

Maximum Building Height: 50 feet except as provided in Section 5.3. A height of 100 feet shall be allowed with conditional use approval.

B.

Maximum Building Site Coverage: 50%.

C.

Minimum Lot Area: None.

D.

Minimum Lot Width: 100 feet.

E.

Maximum Density: None.

F.

Minimum Yards:

i.

Front yard: 25 feet.

ii.

Side yards: 5 feet*.

iii.

Rear yard: 10 feet.

A side yard setback of 0 feet shall be permitted when adjoining property is developed contemporaneously and building façade is continuous.

4.11.6

Off-Street Parking Requirements.

See Article 8 for off-street parking and loading requirements.

4.12.1

Purpose.

The purpose of the (T) Technology District is to allow professional or corporate office activity engaging in research and technology resulting in the development of intellectual or technical property, procedures, or related devices or components. This district is expected to accommodate those entities engaged in technological activities of a highly sophisticated nature including aerospace applications, aviation and avionics research and product development, geospatial data collection and analysis, software development and data analysis, computer mapping and modeling, military- and security-related product development, multimedia and communications, and the development or assembly of devices or components related to the nature or products of the technology applied.

The Technology District is expected to result in the economic reuse of existing buildings within Diamondhead and shall be of such operating characteristics and outward appearance as to blend into the existing community.

4.12.2

Uses Permitted by Right.

The uses permitted by right in the (T) Technology District are set forth in Section 4.21, Chart of Permitted Uses.

4.12.3

Conditional Uses.

The uses allowed by conditional use permit in the (T) Technology District are set forth in Section 4.21, Chart of Permitted Uses. Provisions setting forth the conditional use application and review process are contained in Section 2.5 of this Ordinance.

4.12.4

Accessory Uses.

Accessory uses shall be permitted in the (T) Technology District only if such use complies with the relevant standards contained in Section 4.18 of this Ordinance.

4.12.5

Lot Area, Width, Building Coverage, Required Yards and Height Regulations.

Each of the following dimensional requirements shall apply to each use in the (T) Technology District, except as specifically provided for in this Ordinance.

A.

Maximum Building Height: 35 feet except as provided in Section 5.3.

B.

Maximum Building Site Coverage: None.

C.

Minimum Lot Area: None, except as provided in Section 5.4.

D.

Maximum Density: None.

E.

Minimum Yards:

i.

Front yard (from the street right-of-way line to the building setback line): 25 feet.

ii.

Side yards: 10 feet.

iii.

Rear yard: 20 feet.

4.12.6

Off-Street Parking Requirements.

See Article 8 for off-street parking and loading requirements.

4.12.7

Limitations and Expectations.

Uses developed within the Technology District shall be limited to the following operating characteristics, in addition to any other conditions as may be appropriate resulting from other review and approval procedures required by this ordinance:

A.

There shall be no outside storage of equipment, instruments, devices, materials, products or other materials or components that may be developed or utilized in the normal course of business.

B.

There shall be no outside testing, experimentation or demonstration of equipment, instruments, devices, materials, products or other materials or components that may be developed or utilized in the normal course of business; however, nothing in this provision shall prevent the periodic outdoor utilization of equipment which receives GPS satellite signal, provided such equipment is no greater in size or bulk than land surveying instrumentation.

C.

All business activities shall be conducted within the building.

D.

There shall be no noise, smoke, vibrations, light or glare emitted from the building or property, beyond that which may be expected from a residential dwelling unit.

E.

Landscaping shall be provided and maintained such that parking areas are reasonably screened and the building maintains an appearance consistent with surrounding properties in terms of quantity and quality of landscaping.

4.13.1

Purpose.

The purpose of the (I) Industrial District is to provide areas for development of more intense land uses involving manufacturing or processing, or for uses which, by the nature of their operation, form potential nuisances due to noise, dust, vibration, significant outside storage or activities, or are morally offensive. Industrial districts should be located for convenient access from existing and future arterial streets, highways or waterway, or other features lending to industrial operations or land uses. Where adjacent to residential districts, some type of artificial separation may be required (buffer).

4.13.2

Uses Permitted by Right.

The uses permitted by right in the Industrial District are set forth in Section 4.21, Chart of Permitted Uses.

4.13.3

Conditional Uses.

The uses allowed by conditional use permit in the Industrial District are set forth in Section 4.21, Chart of Permitted Uses. Provisions setting forth the conditional use application and review process are contained in Section 2.5 of this Ordinance.

4.13.4

Accessory Uses.

Accessory uses shall be permitted in the Industrial District only if such use complies with the relevant standards contained in Section 4.18 of this Ordinance.

4.13.5

Lot Area, Width, Building Coverage, Required Yards and Height Regulations.

Each of the following dimensional requirements shall apply to each use in the Industrial District, except as specifically provided for in this Ordinance.

A.

Maximum Building Height: 35 feet except as provided in Section 5.3. A height of 50 feet shall be allowed with conditional use approval.

B.

Maximum Building Site Coverage: None.

C.

Minimum Lot Area: None, except as provided in Section 5.4.

D.

Maximum Density: None.

E.

Minimum Yards:

i.

Front yard (from the street right-of-way line to the building setback line): 25 feet.

ii.

Side yards: 5 feet*.

iii.

Rear yard: 5 feet.

A side yard setback of 0 feet shall be permitted when adjoining property is developed contemporaneously and building façade is continuous.

4.13.6

Off-Street Parking Requirements.

See Article 8 for off-street parking and loading requirements.

4.14.1

Purpose.

The purpose of the (PR) Preservation District is to provide a zoning class and provide for limited allowable uses within the areas of the City which are heavily constrained by both flood designations and marsh-like wetland conditions. It is the purpose of this zoning class to discourage development within these areas but for the land uses which are uniquely suited to these areas or are otherwise necessary due to locational characteristics.

4.14.2

Uses Permitted by Right.

The uses permitted by right in the (PR) Preservation District are set forth in Section 4.21, Chart of Permitted Uses.

4.14.3

Conditional Uses.

The uses allowed by conditional use permit in the (PR) Preservation District are set forth in Section 4.21, Chart of Permitted Uses. Provisions setting forth the conditional use application and review process are contained in Section 2.5 of this Ordinance.

4.14.4

Accessory Uses.

Accessory uses shall be permitted in the (PR) Preservation District only if such use complies with the relevant standards contained in Section 4.18 of this Ordinance.

4.14.5

Lot Area, Width, Building Coverage, Required Yards and Height Regulations.

Each of the following dimensional requirements shall apply to each use in the (PR) Preservation District, except as specifically provided for in this Ordinance.

A.

Maximum Building Height: 35 feet except as provided in Section 5.3.

B.

Maximum Building Site Coverage: None.

C.

Minimum Lot Area: None, except as provided in Section 5.4.

D.

Maximum Density: None.

E.

Minimum Yards:

i.

Front yard (from the street right-of-way line to the building setback line): 25 feet.

ii.

Side yards: 5 feet.

iii.

Rear yard: 5 feet.

4.14.6

Off-Street Parking Requirements.

See Article 8 for off-street parking and loading requirements.

4.15.1

Purpose.

The purpose of the (PFR) Public Facilities and Recreation District is to provide areas for the continuation and further development of both public and semi-public land uses within the community. Specifically, the semi-public land uses expected are those amenities which are owned and operated by the Diamondhead Property Owners Association and form the backbone of recreation and social interaction within Diamondhead. This zoning district is designed to allow such land uses and facilities with reasonable regulation.

4.15.2

Uses Permitted by Right.

The uses permitted by right in the (PFR) Public Facilities and Recreation District are set forth in Section 4.21, Chart of Permitted Uses.

4.15.3

Conditional Uses.

The uses allowed by conditional use permit in the (PFR) Public Facilities and Recreation District are set forth in Section 4.21, Chart of Permitted Uses. Provisions setting forth the conditional use application and review process are contained in Section 2.5 of this Ordinance.

4.15.4

Accessory Uses.

Accessory uses shall be permitted in the (PFR) Public Facilities and Recreation District only if such use complies with the relevant standards contained in Section 4.18 of this Ordinance.

4.15.5

Lot Area, Width, Building Coverage, Required Yards and Height Regulations.

Each of the following dimensional requirements shall apply to each use in the (PFR) Public Facilities and Recreation District, except as specifically provided for in this Ordinance.

A.

Maximum Building Height: 35 feet except as provided in Section 5.3. A height of 50 feet shall be allowed with conditional use approval.

B.

Maximum Building Site Coverage: None.

C.

Minimum Lot Area: None.

D.

Maximum Density: None.

E.

Minimum Yards:

i.

Front yard (from the street right-of-way line to the building setback line): 25 feet.

ii.

Side yards: 10 feet.

iii.

Rear yard: 20 feet.

4.15.6

Off-Street Parking Requirements.

See Article 8 for off-street parking and loading requirements.

4.16.1

Purpose.

The purpose of the Diamondhead Town Center District (TC) is to provide for and promote the development of a compact mixed use town center reflecting the timeless building patterns of traditional downtowns. These characteristics include design features that prioritize pedestrian activity, human scales outdoor environments, abundant landscape and natural features, and quality architecture. The district accommodates a range of commercial, residential, small scale production, open space and recreational activities. while land use is a very important element in the district, building form, lot placement, and streetscape take precedent in creating the desired environment.

4.16.1.5

Development Principles.

The general development principles of the Town Center District are to:

1.

Promote a pedestrian-oriented urban form. in contrast to conventional zoning standards that place a primary emphasis on the regulation of land uses, form-Based mixed-use development standards and guidelines focus on promoting a walkable, urban form of development, consistent with traditional downtown and commercial centers. The focus on form promotes buildings that conform to tested urban design principles.

2.

Require excellence in the design of the public realm and of buildings that front public spaces. The most successful and memorable urban environments are those in which walking down the street is appealing. Streets, plazas, parks, and other public spaces should be comfortable and inviting, and buildings fronting those spaces should be active and visually interesting at the pedestrian level.

3.

Encourage creativity, architectural diversity, and exceptional design. The form-Based District is intended to promote high quality design, and the development review process for mixed-use projects is intended to promote flexibility. standards and guidelines, as well as the development review process, are intended to support creativity and exceptional design while discouraging uniformity.

4.16.2

The Town Center District's provisions are presented in an organizational pattern distinct from the standard districts in the Diamondhead Zoning ordinance and are are organized under the following headings:

• District regulating plan

• Building types and locations

• Building type arrays

• Land uses

• Site standards

4.16.3

Regulating Plan.

The Diamondhead Town Center District (TC) is illustrated on the following map. The district consists of that portion of Diamondhead identified as having strong potential for development consistent with the purposes of the district and its development principles. The overall district is divided into the following sub districts:

1.

TCmU - mixed Use subdistrict

2.

TCLm - Live-make subdistrict

3.

TCTh - Townhome subdistrict

4.

TC wf - waterfront subdistrict

4.16.4

Building Types.

While other districts in this ordinance do not define building types, this district requires that building types be defined to achieve the purposes of the district. The following building types are hereby established and defined in Table 1.

1.

Mixed-Use Building

2.

Civic Building

3.

Low-rise Dwelling

4.

Mid-rise Dwelling

5.

Live-work attached

6.

Townhome Dwelling-attached

7.

Live-make attached

8.

Shop front—single story

9.

Office showroom warehouse

10.

Water Based recreation

Expand

4.16.4.2 Building Type by Subdistrict	n - Permitted o- Conditional • Not Permitted	TCMU	TCLM	TCTH	TCWF
	Mixed-Use Building A multi-story building type that typically accommodates ground floor retail uses with upper-story residential or commercial use. not intended for ground floor residential use.	n	•	n	•
	Civic Building A building constructed to accommodate civic uses such as libraries, town halls and government offices, landmarks, concert halls and performance venues.	n	n	n	•
	Low-Rise Dwelling A building that accommodates 5 or more dwelling units including condominiums and hotels vertically and horizontally integrated and are 3 stories tall or less.	•	o	o	o
	Mid-Rise Dwelling A building that accommodates multiple dwelling units including condominiums and hotels, vertically and horizontally integrated, typically 4-5 stories tall.	n	•	o	o
	Live Work - Attached A building comprised of attached studio or loft units consisting of both a commercial/office and a residential component that is occupied by the same resident. The live/work unit shall be the primary dwelling of the occupant. Multiple units are attached and share a common wall.	o	n	o	o
	Townhome Dwelling -Attached A building type that accommodates 2 or more dwelling units where each unit is separated vertically by a common side wall. Units cannot be vertically mixed.	o	n	n	n
	Live Make - Attached A building comprised of 4 or more attached units consisting of commercial, office, manufacturing or repair and a residential component that is occupied by the same resident. The live/make unit shall be the primary dwelling of the occupant. Multiple units are attached and share a common wall.	•	n	o	o
	Shopfront - Single-Story A single-story building that typically accommodates retail or commercial uses.	•	n	•	n
	Office Showroom Warehouse A commercial or industrial building that offers a multi-purpose work space, typically with separate manufacturing, warehouse and office areas.	•	n	•	•
	Water-Based Recreation A building type that typically accommodates a range of uses commonly associated with water based recreation including boat launch, boat storage and bait and tackle shop.	•	•	•	n

 

4.16.5

Mixed-Use Building.

Expand

Mixed-Use Building A building type that typically accommodates ground floor retail or commercial uses with upper-story residential or office uses. Ground floor residential is permitted provided it does not front upon the main street.

 

Expand

4.16.5.1 Lot
Block Dimensions
BL	Block Length (min/max)	400'/600'
BW	Block Width (min/max>	160'/180'
Lot Dimensions
LA	Lot area (min)	3,000 sf
LW	Lot width (min)	20'
L	Lot width (max)	40'

 

Expand

4.16.5.2 Placement
a. Building Setbacks
PSMI, PSMA	Primary Street (min/max)	5'/15'
SSMI, SSMA	Side Street (min/max)	5'/10'
RS	Rear (min/max)	30'/36'
b. Build-to-Zone (BTZ)
BTZ	facade required in front BTZ (min % of lot width)	70%
c. Parking Location
PZ	On-site parking in rear of building

 

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4.16.5.3 Height and Mass
a. Building Height
BHMA	Building Height (max)	3 stories/40'
A	accessory structure	none
General Note	Where impacted by the flood zone, number of stories and building height shall be measured from finished floor elevation of the lowest floor above the 100-year flood elevation.
b. Story Height
FFHT	first floor (min)	12'
c. Massing Length
ML	Up to entire Block

 

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4.16.5.4 Activation
a. Transparency
PTG, STG	Ground story, primary/side (min)	70%
PTU, STU	Upper story street facing facade (min)	5%
b. Pedestrian Access
PE	entrance facing primary street (each ground floor unit)	required
c. Building Elements Required
Porch		no
Stoop		no
Balcony		yes
Awning/Canopy		yes
Forecourt		optional

 

4.16.6

Civic Building.

Expand

Civic Building A building constructed to accommodate civic uses such as libraries, town halls and government offices, landmarks, concert halls and performace venues.

 

Expand

4.16.6.1 Lot
Block Dimensions
BL	Block Length (min/max)	400'/600'
BW	Block Width (min/max>	160'/180'
Lot Dimensions
LA	Lot area (min)	3,000 sf
LW	Lot width (min)	20'
L	Lot width (max)	40'

 

Expand

4.16.6.2 Placement
a. Building Setbacks
PSMI, PSMA	Primary Street (min/max)	5'/15'
SSMI, SSMA	Side Street (min/max)	5'/10'
RS	Rear (min/max)	30'/36'
b. Build-to-Zone (BTZ)
BTZ	facade required in front BTZ (min % of lot width)	70%
c. Parking Location
PZ	On-site parking in rear of building

 

Expand

4.16.6.3 Height and Mass
a. Building Height
BHMA	Building Height (max)	3 stories/40'
A	accessory structure	none
General Note	Where impacted by the flood zone, number of stories and building height shall be measured from finished floor elevation of the lowest floor above the 100-year flood elevation.
b. Story Height
FFHT	first floor (min)	12'
c. Massing Length
ML	number of buildings permitted in any one row (max)	entire block

 

Expand

4.16.6.4 Activation
a. Transparency
PTG, STG	Ground story, primary/side (min)	30%
PTU, STU	Upper story street facing facade (min)	20%
b. Pedestrian Access
PE	entrance facing primary street (each ground floor unit)	required
c. Building Elements Required
Porch		no
Stoop		no
Balcony		optional
Awning/Canopy		optional
Forecourt		optional

 

4.16.7

Low-Rise Dwelling.

Expand

Low-Rise Dwelling A building that accommodates 5 or more dwelling units vertically and horizontally integrated and are 3 stores tall or less.

 

Expand

4.16.7.1 Lot
Block Dimensions
BL	Block Length (min/max)	400'/600'
BW	Block Width (min/max>	160'/180'
Lot Dimensions
LA	Lot area (min)	3,000 sf
LW	Lot width (min)	20'
L	Lot width (max)	40'

 

Expand

4.16.7.2 Placement
a. Building Setbacks
PSMI, PSMA	Primary Street (min/max)	5'/15'
SSMI, SSMA	Side Street (min/max)	5'/10'
RS	Rear (min/max)	30'/36'
b. Build-to-Zone (BTZ)
BTZ	facade required in front BTZ (min % of lot width)	70%
c. Parking Location
PZ	On-site parking in rear of building

 

Expand

4.16.7.3 Height and Mass
a. Building Height
BHMA	Building Height (max)	3 stories/40'
A	accessory structure	none
General Note	Where impacted by the flood zone, number of stories and building height shall be measured from finished floor elevation of the lowest floor above the 100-year flood elevation.
b. Story Height
FFHT	first floor (min)	12'
c. Massing Length
ML	number of buildings permitted in any one row (max)	entire block

 

Expand

4.16.7.4 Activation
a. Transparency
PTG, STG	Ground story, primary/side (min)	70%
PTU, STU	Upper story street facing facade (min)	20%
b. Pedestrian Access
PE	entrance facing primary street (each ground floor unit)	required
c. Building Elements Required
Porch		no
Stoop		no
Balcony		optional
Awning/Canopy		yes
Forecourt		optional

 

4.16.8

Mid-Rise Dwelling.

Expand

Mid-Rise Dwelling A building that accommodates multiple dwellings units including condominiums and hotels, vertically and horizontally integrated and are 4-5 stores tall.

 

Expand

4.16.8.1 Lot
Block Dimensions
BL	Block Length (min/max)	400'/600'
BW	Block Width (min/max>	160'/180'
Lot Dimensions
LA	Lot area (min)	n/a
LW	Lot width (min)	50'
L	Lot width (max)	120'

 

Expand

4.16.8.2 Placement
a. Building Setbacks
PSMI, PSMA	Primary Street (min/max)	20'/30'
SSMI, SSMA	Side Street (min/max)	15'/20'
RS	Rear (min/max)	30'/36'
b. Build-to-Zone (BTZ)
BTZ	facade required in front BTZ (min % of lot width)	50%
c. Parking Location
PZ	On-site parking in rear of building

 

Expand

4.16.8.3 Height and Mass
a. Building Height
BHMA	Building Height (max)	3 stories/65'
A	accessory structure	none
General Note	Where impacted by the flood zone, number of stories and building height shall be measured from finished floor elevation of the lowest floor above the 100-year flood elevation.
b. Story Height
FFHT	first floor (min)	12'
c. Massing Length
ML	number of buildings permitted in any one row (max)	n/a

 

Expand

4.16.8.4 Activation
a. Transparency
PTG, STG	Ground story, primary/side (min)	70%
PTU, STU	Upper story street facing facade (min)	70%
b. Pedestrian Access
PE	entrance facing primary street (each ground floor unit)	required
c. Building Elements Required
Porch		no
Stoop		no
Balcony		optional
Awning/Canopy		yes
Forecourt		yes

 

4.16.9

Townhouse.

Expand

Townhome Dwelling A building that accommodates 2 or more dwelling units where each unit is separated vertically by a common side wall. Units cannot be vertically mixed.

 

Expand

4.16.9.1 Lot
Block Dimensions
BL	Block Length (min/max)	400'/600'
BW	Block Width (min/max>	160'/180'
Lot Dimensions
LA	Lot area (min)	3,000 sf
LW	Lot width (min)	25'
L	Lot width (max)	35'

 

Expand

4.16.9.2 Placement
a. Building Setbacks
PSMI, PSMA	Primary Street (min/max)	5'/10'
SSMI, SSMA	Side Street (min/max)	5'/8'
RS	Rear (min/max)	25'/35'
b. Build-to-Zone (BTZ)
BTZ	facade required in front BTZ (min % of lot width)	0%
c. Parking Location
PZ	On-site parking in rear of building

 

Expand

4.16.9.3 Height and Mass
a. Building Height
BHMA	Building Height (max)	3 stories/65'
A	accessory structure	none
General Note	Where impacted by the flood zone, number of stories and building height shall be measured from finished floor elevation of the lowest floor above the 100-year flood elevation.
b. Story Height
FFHT	first floor (min)	12'
c. Massing Length
ML	number of buildings permitted in any one row (max)	6

 

Expand

4.16.9.4 Activation
a. Transparency
PTG, STG	Ground story, primary/side (min)	50%
PTU, STU	Upper story street facing facade (min)	50%
b. Pedestrian Access
PE	entrance facing primary street (each ground floor unit)	required
c. Building Elements Required
Porch		yes
Stoop		yes
Balcony		no
Awning/Canopy		no
Forecourt		no

 

4.16.10

Live-Work Attached Building.

Expand

Live-Work Attached A building comprised of attached studio or loft units consisting of both a commercial/office and a residential component that is occupied by the same resident. The live/work unit shall be the primary dwelling of the occupant, mutiple units are attached and share a common wall.

 

Expand

4.16.10.1 Lot
Block Dimensions
BL	Block Length (min/max)	400'/600'
BW	Block Width (min/max>	160'/180'
Lot Dimensions
LA	Lot area (min)	3,000 sf
LW	Lot width (min)	25'
L	Lot width (max)	35'

 

Expand

4.16.10.2 Placement
a. Building Setbacks
PSMI, PSMA	Primary Street (min/max)	5'/10'
SSMI, SSMA	Side Street (min/max)	5'/8'
RS	Rear (min/max)	25'/35'
b. Build-to-Zone (BTZ)
BTZ	facade required in front BTZ (min % of lot width)	0%
c. Parking Location
PZ	On-site parking in rear of building

 

Expand

4.16.10.3 Height and Mass
a. Building Height
BHMA	Building Height (max)	3 stories/40'
A	accessory structure	none
General Note	Where impacted by the flood zone, number of stories and building height shall be measured from finished floor elevation of the lowest floor above the 100-year flood elevation.
b. Story Height
FFHT	first floor (min)	n/a
c. Massing Length
ML	number of buildings permitted in any one row (max)	6

 

Expand

4.16.10.4 Activation
a. Transparency
PTG, STG	Ground story, primary/side (min)	50%
PTU, STU	Upper story street facing facade (min)	50%
b. Pedestrian Access
PE	entrance facing primary street (each ground floor unit)	required
c. Building Elements Required
Porch		yes
Stoop		yes
Balcony		optional
Awning/Canopy		required
Forecourt		no

 

4.16.11

Live-Make Attached Building.

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Live-Make—Attached A building comprised of 4 or more attached units consisting of commercial, office, manufacturing or repair and a residential component that is occupied by the same resident. The live/make unit shall be primary dwelling of the occupant. Multiple units are attached and share a common wall.

 

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4.16.11.1 Lot
Block Dimensions
BL	Block Length (min/max)	400'/600'
BW	Block Width (min/max>	160'/180'
Lot Dimensions
LA	Lot area (min)	3,000 sf
LW	Lot width (min)	25'
L	Lot width (max)	35'

 

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4.16.11.2 Placement
a. Building Setbacks
PSMI, PSMA	Primary Street (min/max)	5'/10'
SSMI, SSMA	Side Street (min/max)	5'/8'
RS	Rear (min/max)	25'/35'
b. Build-to-Zone (BTZ)
BTZ	facade required in front BTZ (min % of lot width)	0%
c. Parking Location
PZ	On-site parking in rear of building

 

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4.16.11.3 Height and Mass
a. Building Height
BHMA	Building Height (max)	3 stories/40'
A	accessory structure	none
General Note	Where impacted by the flood zone, number of stories and building height shall be measured from finished floor elevation of the lowest floor above the 100-year flood elevation.
b. Story Height
FFHT	first floor (min)	n/a
c. Massing Length
ML	number of buildings permitted in any one row (max)	6

 

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4.16.11.4 Activation
a. Transparency
PTG, STG	Ground story, primary/side (min)	50%
PTU, STU	Upper story street facing facade (min)	50%
b. Pedestrian Access
PE	entrance facing primary street (each ground floor unit)	required
c. Building Elements Required
Porch		yes
Stoop		yes
Balcony		no
Awning/Canopy		no
Forecourt		no

 

4.16.12

Single Story Shopfront.

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Shopfront—Single-Story A single-story building that typically accommodates retail, restaurant or commercial uses.

 

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4.16.12.1 Lot
Block Dimensions
BL	Block Length (min/max)	400'/600'
BW	Block Width (min/max>	160'/180'
Lot Dimensions
LA	Lot area (min)	3,000 sf
LW	Lot width (min)	25'
L	Lot width (max)	35'

 

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4.16.12.2 Placement
a. Building Setbacks
PSMI, PSMA	Primary Street (min/max)	5'/10'
SSMI, SSMA	Side Street (min/max)	5'/8'
RS	Rear (min/max)	25'/35'
b. Build-to-Zone (BTZ)
BTZ	facade required in front BTZ (min % of lot width)	0%
c. Parking Location
PZ	On-site parking in rear of building

 

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4.16.12.3 Height and Mass
a. Building Height
BHMA	Building Height (max)	35'
A	accessory structure	none
General Note	Where impacted by the flood zone, number of stories and building height shall be measured from finished floor elevation of the lowest floor above the 100-year flood elevation.
b. Story Height
FFHT	first floor (min)	12'
c. Massing Length
ML	number of buildings permitted in any one row (max)	n/a

 

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4.16.12.4 Activation
a. Transparency
PTG, STG	Ground story, primary/side (min)	50%
PTU, STU	Upper story street facing facade (min)	50%
b. Pedestrian Access
PE	entrance facing primary street (each ground floor unit)	required
c. Building Elements Required
Porch		no
Stoop		yes
Balcony		no
Awning/Canopy		yes
Forecourt		optional

 

4.16.13

Office Showroom Warehouse.

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Office Showroom Warehouse A commercial or industrial building that offers a multi-purpose work space, typically with separate manufactuing, warehouse

 

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4.16.13.1 Lot
Block Dimensions
BL	Block Length (min/max)	400'/600'
BW	Block Width (min/max>	160'/180'
Lot Dimensions
LA	Lot area (min)	3,000 sf
LW	Lot width (min)	25'
L	Lot width (max)	35'

 

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4.16.13.2 Placement
a. Building Setbacks
PSMI, PSMA	Primary Street (min/max)	5'/10'
SSMI, SSMA	Side Street (min/max)	5'/8'
RS	Rear (min/max)	25'/35'
b. Build-to-Zone (BTZ)
BTZ	facade required in front BTZ (min % of lot width)	0%
c. Parking Location
PZ	On-site parking in rear of building

 

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4.16.13.3 Height and Mass
a. Building Height
BHMA	Building Height (max)	40'
A	accessory structure	none
General Note	Where impacted by the flood zone, number of stories and building height shall be measured from finished floor elevation of the lowest floor above the 100-year flood elevation.
b. Story Height
FFHT	first floor (min)	n/a
c. Massing Length
ML	number of buildings permitted in any one row (max)	n/a

 

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4.16.13.4 Activation
a. Transparency
PTG, STG	Ground story, primary/side (min)	50%
PTU, STU	Upper story street facing facade (min)	50%
b. Pedestrian Access
PE	entrance facing primary street (each ground floor unit)	required
c. Building Elements Required
Porch		no
Stoop		no
Balcony		no
Awning/Canopy		yes
Forecourt		no

 

4.16.14

Water-Based Recreation Building.

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Water-Based Recreation A building type that typically accommodates a range of uses commonly associated with water based recreation including boat launch, boat storage and bait and tackleshop.

 

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4.16.14.1 Lot
Block Dimensions
BL	Block Length (min/max)	400'/600'
BW	Block Width (min/max>	160'/180'
Lot Dimensions
LA	Lot area (min)	3,000 sf
LW	Lot width (min)	25'
L	Lot width (max)	35'

 

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4.16.14.2 Placement
a. Building Setbacks
PSMI, PSMA	Primary Street (min/max)	5'/10'
SSMI, SSMA	Side Street (min/max)	5'/8'
RS	Rear (min/max)	25'/35'
b. Build-to-Zone (BTZ)
BTZ	facade required in front BTZ (min % of lot width)	0%
c. Parking Location
PZ	On-site parking

 

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4.16.14.3 Height and Mass
a. Building Height
BHMA	Building Height (max)	3 stories/40'
A	accessory structure	none
General Note	Where impacted by the flood zone, number of stories and building height shall be measured from finished floor elevation of the lowest floor above the 100-year flood elevation.
b. Story Height
FFHT	first floor (min)	n/a
c. Massing Length
ML	number of buildings permitted in any one row (max)	n/a

 

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4.16.14.4 Activation
a. Transparency
PTG, STG	Ground story, primary/side (min)	50%
PTU, STU	Upper story street facing facade (min)	50%
b. Pedestrian Access
PE	entrance facing primary street (each ground floor unit)	n/a
c. Building Elements Required
Porch		no
Stoop		no
Balcony		no
Awning/Canopy		no
Forecourt		no

 

4.16.15

Building and Land Uses.

1.

Building and land use for the Town Center is indicated on the Table of Uses in section 4.21.

2.

Apartment units are limited to 25 percent of the maximum unit density permitted in the Townhome Subdistrict.

4.16.16

Parking Standards.

Uses within the Town Center District shall be exempt from the parking standards set out in section 8.2. however, a parking plan shall be submitted demonstrating parking sufficient to accommodate the needs of the proposed development and conforming to parking standards set out in each building type specification.

4.16.17

Landscaping and Screening.

Landscaping and screening shall conform to the landscape design standards in the Diamondhead Zoning ordinance.

4.16.18

Signage.

A common sign plan shall be submitted for all proposed developments within the Town Center District and upon approval, signs shall conform to that plan.

The applicant must propose standards of consistency of all signs in the district related to the following elements:

1.

Letter/graphics style

2.

Location of each sign

3.

Materials used in sign construction; and

4.

Maximum dimensions and proportion.

Signs shall conform to the overall dimensional and placement requirements of the Diamondhead sign ordinance.

4.16.19

Street Types in the TCFB District.

Street frontage conditions are integral to the overall purposes of the Diamondhead Town Center District. Street types with specific design standards have been identified to help achieve, support and reinforce the intended character of the district. six specific street types have been developed for this purpose. These street types are:

1.

Boulevard with 80' row (BV-80)

2.

Town Center with 60' row (TC-60)

3.

Town Center with 55' row (TC-55)

4.

Town Center with 50' row (TC-50)

5.

Social street with 50' row (ss-50)

6.

Local street with 50' row (Ls-50)

4.16.20

Application of Street Types.

Street types shall be constructed as indicated on the Town Center District regulating Plan (see section 4.16.4.1).

4.16.20.1

TC-55 Street Type.

4.16.20.2

TC-60 Street Type.

4.16.20.3

BV-80 Street Type.

4.16.20.4

SS-50 Street Type.

4.16.20.5

LS-50 Street Type.

4.16.20.6

TC-50 Street Type.

(Res. No. 2020-048, Amd. 2, 8-18-2020)

4.18.1

In General.

An accessory use on the same lot and customarily incidental to a permitted principal use is permitted by right.

4.18.2

Yard Requirements.

Every accessory use shall comply with the yard regulations for the district in which it is located, except as otherwise specifically provided in this Ordinance.

4.18.3

Special Standards.

Each accessory use shall comply with all of the following standards listed for that use:

A.

Dwelling(s) Accessory to Principal Non-residential Use.

i.

The total floor area of all accessory dwelling units shall be less than the floor area of the principal non-residential use.

ii.

Additional parking spaces required by Article 8 for such dwelling(s) shall be provided.

B.

Home Occupations.

Home occupations are allowed within the City of Diamondhead subject to securing a permit from the Zoning Administrator and subject to the following provisions:

i.

Home occupations shall not be carried out in more than twenty (20) percent of the total dwelling building area, not to exceed five hundred (500) square feet. No more than one (1) home occupation may be carried out per principal dwelling.

ii.

No part of a home occupation may be carried out within an accessory building.

iii.

There shall be no employment of persons reporting to the home for work other than members of the resident family.

iv.

The use shall not generate pedestrian or vehicular traffic beyond that reasonably expected to be generated by a residential living unit.

v.

Any need for parking spaces in excess of those required for a residential dwelling shall be provided in an off street location and in accordance with the provisions of Article 8.

vi.

Appearance. There shall be no outdoor storage or display and no change in the existing outside appearance of the dwelling or premises or other visible evidence of the conduct of such home occupation or home professional office.

vii.

Nuisances Prohibited. No machinery or equipment shall be permitted that produces noise, odor, vibration, light, or electrical interference beyond the boundary of the subject property.

C.

Swimming Pool.

A swimming pool designated to contain a water depth of twenty four (24") inches or more shall not be located, constructed, or maintained on any lot or land area except in conformity with the following requirements:

i.

Location. No pool shall be located in front of the principal building. No above or in-ground pool shall be located within ten (10') feet of a side or rear lot line or under any electrical lines, or over any utility or drainage facility. No portion of any walkway or pool appurtenance structure shall be closer than four (4') feet to any lot line.

ii.

Fence. Swimming pools shall be fenced in accordance with the applicable building code in force for the City of Diamondhead.

D.

Residential Accessory Building, Structure or Use.

Permitted residential accessory buildings, structures or uses include:

i.

Parking Spaces and Garages shall be provided in accordance with Article 8, but no parking garage shall be detached from the main structure.

ii.

Structures.

(a)

Uses: A principal structure shall be already constructed on the same lot.

(b)

Use Limitation: Accessory structures shall not be used as a habitable dwelling unit.

(c)

Types of structures i.e. bathhouses, greenhouses, outdoor kitchens, storage sheds, detached decks, pergolas and RV/camper storage etc. not otherwise addressed herein.

(d)

Area limitation: Accessory structures shall be limited to 30% of the footprint of the primary structure but not to exceed 800 square feet whichever is less.

(e)

Maximum height: The maximum height shall not exceed twenty-five (25') feet. However, the height of the accessory structure shall not exceed the height of the primary structure. The accessory structure shall not exceed one (1) story (see f).

(f)

Setbacks: The structure shall not be located in front of nor within ten (10') feet of the principal building and not within five (5') feet from a side lot line, nor within ten (10') feet of a rear lot line. If the height exceeds fifteen (15') feet, the accessory structure shall meet the required setbacks of the primary structure.

(g)

Types of Materials: To insure architectural compatibility, building design shall be in keeping with the design patterns and architectural features consistent with the primary structure.

(h)

Number of structures: There shall only be one accessory structure on a property.

iii.

Fences and Walls.

Fences and walls to be located on a lot shall be in conformance with the requirements of Article 9 of this ordinance.

iv.

Airplane Hangers.

Airplane hangars and airplane storage areas shall be allowed as an accessory use upon any residential lot which is adjacent to and has direct access for aircraft to taxi to the Diamondhead Airport. Airplane hangars and airplane storage areas shall not be limited in size, provided the structure is used exclusively and is sized only for the storage of an airplane.

v.

Residential accessory structures shall be constructed such that the exterior appearance is architecturally similar as that of the primary structure, including the use of similar exterior materials.

vi.

Playground equipment to be permanently affixed shall be placed in the rear yard.

E.

Garage and Yard Sales.

i.

Limited to two (2) per year per property.

ii.

Each sale shall not exceed three (3) consecutive days.

iii.

A permit issued by the city shall be required and this permit will be displayed in plain view on an external portion of premises facing the street.

iv.

Signs placed or displayed calling notice to such sales shall in all respects be subject to the requirements of Section 10.9(K) and may be placed adjacent to the right-of-way shoulders of the City property, subject to the approval of the property owner. Such signs may only remain in place concurrently with the limited three consecutive day period.

(Res. No. 2020-048, Amd. 3, 8-18-2020)

4.21.1

Conditions Governing Permitted Uses.

Permitted uses shall be governed by conditions set out in the three categories as follows:

A.

Uses by Right. The land uses contained within the Schedule of Uses set forth herein and denoted with an "R" are considered permitted uses without further approval of the City of Diamondhead, unless otherwise required by this or any other ordinance or requirement of the City. Uses by Right are subject to any permits or administrative approvals required by the City of Diamondhead.

B.

Uses Requiring Planning Commission Review. The land uses contained within the Schedule of Uses set forth herein and denoted with a "P" are considered permitted uses with the review and approval in accordance with the Planning Commission review provisions set forth in Section 2.4 of this ordinance.

C.

Conditional Uses. The land uses contained within the Schedule of Uses set forth herein and denoted with a "C" are considered conditional uses and require the review and approval in accordance with the conditional use provisions set forth in Section 2.5 of this ordinance. Additionally, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered on an individual case and shall be subject to conditions imposed thereon for the protection of the health, safety and general welfare of the City of Diamondhead.

The schedule of uses shall be as shown in Table 4.2.

4.21.2

Schedule of Uses.

A.

Property lying within each of the districts as reflected on the official zoning map shall be used only for the purpose as hereinafter set forth, and in accordance with the provisions of this ordinance. The uses permitted in each of the types of districts are listed below. For any use not specifically listed, the Zoning Administrator shall make a determination of the appropriate zoning district in which such use shall be permitted either by right, by Planning Commission review, or by conditional use. If the Zoning Administrator cannot reach a determination, then the matter shall come before the Planning Commission for such determination.

A.

Any use designated as requiring Planning Commission Review may forego said review and be administratively approved by the DRC subject to each of the following conditions:

i.

That the proposed use is to occupy an existing building whereby it replaces an identical or nearly identical use (ex. Cindy's Flower Shop proposes to occupy the former site of Brenda's Flower Shop).

ii.

That neither the proposed space nor its former use was nonconforming in any aspect.

iii.

That the proposed use does not require any alterations to the site or structures thereon, except for the changing of signage, repainting, remodeling or redecorating to accommodate the theme of the proposed use.

iv.

That the former use was free from any conditions of approval imposed by the City of Diamondhead or Hancock County.

v.

That the former use operated without incident regarding complaints of nuisance-type activities (noise, traffic congestion, glare, odor, public disturbance, etc.).

B.

If, in the opinion of the Zoning Administrator or the DRC, the nature or operating aspects of a proposed use subject to these provisions are such that binding conditions may be necessary or beneficial for the preservation of public health, safety, and general welfare, the application shall be forwarded to the Planning Commission for review in accordance with Section 2.4.