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

AG Agricultural District

R-E Residential Estate

R-1 Single-family Residential District

R-2 Single-family Residential District

R-3 General Residential District

R-4 Multifamily Residential District

R-4A Mixed Multifamily Residential District

R-5 Manufactured Home District

R-0 Residence-Office District

C-1 Neighborhood Commercial District

C-2 General Commercial District

C-3 Interstate Commercial District

I Industrial District

WF Waterfront District

FMD French Market District

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 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 to the City of D'Iberville shall be classified as the zoning district of D'Iberville most similar to the zoning of such territory before annexation (as determined by the Planning Commission) until otherwise classified. In the event territory is without a zoning classification at the time of annexation, then such annexed territory shall remain unzoned until otherwise classified by the City of D'Iberville.

4.3.1 A map entitled, "Official Zoning Map — City of D'Iberville 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 D'Iberville under the following words: "This is to certify that this is the Official Zoning Map adopted January 17, 2012, as part of the City of D'Iberville 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 D'Iberville City Hall and shall be the final authority on boundaries and districts. The Building Official shall have a certified copy of the Official Zoning Map for official use.

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 D'Iberville 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.

4.5.1 Purpose. The purpose of the Agricultural District is to accommodate agricultural and related uses, and low density single family residential development in those areas within the City of D'Iberville which are not yet served with adequate infrastructure to support higher density development.

4.5.2 Uses Permitted by Right. The uses permitted by right in the Agricultural District are set forth in Section 4.22, Chart of Permitted Uses.

4.5.3 Conditional Uses. The uses permitted by conditional use permit in the Agricultural District are set forth in Section 4.22, 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 Agricultural District (AG) only if such use complies with the relevant standards contained in Section 4.20 of this Ordinance.

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

A.

Maximum Building Height: 35 feet.

B.

Maximum Building Site Coverage: 15%

C.

Minimum Lot Area: 1 acre (43,560 square feet)

D.

Minimum Yards:

i.

Front yard: Main structure — 35 feet from the street right-of-way line to the building setback line

Accessory Structure = 50 feet

ii.

Side yards: 10 feet

iii.

Rear yard: 25 feet

E.

Minimum Lot Width: 100 feet

4.5.6 Off-Street Parking Requirements. See Article 8 for off-street parking and loading requirements.

4.6.1 Purpose. The purpose of the Single Family Residential Estate District is to provide for very low density residential development on large lots. The principal use of the land is for single-family dwellings with such other facilities and accessory uses that are deemed necessary or related functionally and would not be considered incompatible with a residential development and its characterized by high quality design standards.

4.6.2 Uses Permitted by Right. The uses permitted by right in the Single Family Residential District are set forth in Section 4.22, Chart of Permitted Uses.

4.6.3 Conditional Uses. The uses permitted by conditional use permit in the Single Family Residential Estate District (R-E) are set forth in Section 4.22, 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 Single Family Residential Estate District (R-E) only if such use complies with the relevant standards contained in Section 4.20 of this Ordinance.

4.6.5 Dimensional Requirements. Each of the following dimensional requirements shall apply to each use in the Single Family Residential Estate District (R-E), except as specifically provided for in this Ordinance.

A.

Maximum Building Height: 35 feet.

B.

Maximum Building Site Coverage: 15%

C.

Minimum Lot Area: 43,560 square feet ( 1.0 acre)

D.

Maximum Density: 1 dwelling unit per acre

E.

Minimum Yards:

i.

Front yard: Main structure — 40 feet from the street right-of-way line to the building setback line for main structure; 50 feet for accessory buildings.

ii.

Side yards: 10 feet

iii.

Rear yard: 30 feet for main structure; 10 feet for unattached accessory buildings.

F.

Minimum Lot Width: 100 feet

4.6.6 Off-Street Parking Requirements. See Article 8 for off-street parking and loading requirements.

4.7.1 Purpose. The purpose of the Single Family Residential District is to provide areas to meet the needs of the present and expected future residents seeking low density residential lifestyle with the benefits of urban services. This district is designed to accommodate single family housing, 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.

4.7.2 Uses Permitted by Right. The uses permitted by right in the Single Family Residential District are set forth in Section 4.22, Chart of Permitted Uses.

4.7.3 Conditional Uses. The uses permitted by conditional use permit in the Single Family Residential District (R-1) are set forth in Section 4.22, 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 Single-Family Residential District (R-1) only if such use complies with the relevant standards contained in Section 4.20 of this Ordinance.

4.7.5 Dimensional Requirements. Each of the following dimensional requirements shall apply to each use in the Single Family Residential District (R-1), except as specifically provided for in this Ordinance.

A.

Maximum Building Height: 35 feet.

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: Main structure — 30 feet from the street right-of-way line to the building setback line

ii.

Side yards: 10 feet

iii.

Rear yard: 25 feet

F.

Minimum Lot Width: 80 feet

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 Single Family Residential District (R-2) 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. This district is designed to accommodate single family housing, 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.

4.8.2 Uses Permitted by Right. The uses permitted by right in the Single-Family Residential District (R-2) are set forth in Section 4.22, Chart of Permitted Uses.

4.8.3 Conditional Uses. The uses permitted by conditional use permit in the Single-Family Residential District (R-2) are set forth in Section 4.22, 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 Single-Family Residential District (R-2) only if such use complies with the relevant standards contained in Section 4.20 of this Ordinance.

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

A.

Maximum Building Height: 35 feet.

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: Main structure — 25 feet from the street right-of-way line to the building setback line

ii.

Side yards: 7 feet

iii.

Rear yard: 25 feet

F.

Minimum Lot Width: 60 feet

4.8.6 Off-Street Parking Requirements. See Article 8 for off-street parking and loading requirements.

4.9.1 Purpose. The purpose of the General Residential District is to provide areas for the development of a variety of single family housing types, including patio homes, townhomes, duplexes, and single-family Manufactured Homes. Additionally, this district is also for the purpose of protecting and preserving existing medium density single family neighborhoods. The use of this district is appropriate as a transition zone between single family residential districts, commercial uses, or any noise that may devalue the single family homes.

4.9.2 Uses Permitted by Right. The uses permitted by right in the General Residential District (R-3) are set forth in Section 4.22, Chart of Permitted Uses.

4.9.3 Conditional Uses. The uses permitted by conditional use permit in the General Residential District (R-3) are set forth in Section 4.22, 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 Accessory Uses. Accessory uses shall be permitted in the General Residential District (R-3) only if such use complies with the relevant standards contained in Section 4.20 of this Ordinance.

4.9.5 Dimensional Requirements. Each of the following dimensional requirements shall apply to each use in the General Residential District (R-3), except as specifically provided for in this Ordinance.

A.

Maximum Building Height: 35 feet.

B.

Maximum Building Site Coverage:

i.

Single-family detached: 60%

ii.

Single-family zero-lot line: 60%

iii.

Single-family Manufactured Home: 60%

iv.

Two-family detached: 60%

v.

Single-family attached townhouse unit: 70%

vi.

All other uses: 60%

C.

Minimum Lot Area:

i.

Single-family detached: 4,000 square feet

ii.

Single-family zero-lot line: 4,000 square feet

iii.

Single-family Manufactured Home: 5,000 square feet

iv.

Two-family detached: 6,000 square feet

v.

Single-family attached townhouse unit:

a.

First two (2) dwelling units: 6,000 square feet

b.

Each additional unit: 1,800 square feet

vi.

All other Uses: 6,000 square feet

D.

Maximum Density:

i.

Single-family detached: 10 dwelling units per acre

ii.

Single-family zero-lot line: 8 dwelling units per acre

iii.

Single-family Manufactured Home: 10 dwelling units per acre

iv.

Two-family detached: 7 dwelling units per acre

v.

Single-family attached townhouse unit: 15 dwelling units per acre

vi.

All other Uses: 10 dwelling units per acre

E.

Minimum Yards:

i.

Single-family and two-family detached:

a.

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

b.

Side yards: 5 feet

c.

Rear yards: 20 feet

ii.

Zero-lot line:

a.

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

b.

Side yards: 0 feet

c.

Rear yards: 20 feet

iii.

Manufactured Home unit:

a.

Front yard: 10 feet if not on a public right-of-way
30 feet if on a public right-of-way

b.

Side yards: 10 feet and 16 feet between Manufactured Home units

c.

Rear yards: 20 feet

iv.

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

c.

Rear yards: 20 feet

v.

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

c.

Rear yards: 20 feet

F.

Minimum Lot Width:

i.

Single-family and two-family detached: 40 feet

ii.

Zero-lot line: 40 feet

iii.

Manufactured Home unit: 40 feet

iv.

Two-Family Detached: 40 feet

v.

Townhouse: 18 feet

4.9.6 Off-Street Parking Requirements. See Article 8 for off-street parking and loading requirements.

4.10.1 Purpose. The purpose of the Multi-Family Residential District (R-4) is to provide areas for the development of a variety of higher density housing types, including single-family dwellings, duplexes, fourplexes, and conventional apartments. The use of this district is appropriate as a transition zone between single family residential districts, commercial uses, or any noise that may devalue the single family homes.

4.10.2 Uses Permitted by Right. The uses permitted by right in the Multi-Family Residential District (R-4) are set forth in Section 4.22, Chart of Permitted Uses.

4.10.3 Conditional Uses. The uses permitted by conditional use permit in the Multi-Family Residential District (R-4) are set forth in Section 4.22, 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 Multi-Family Residential District (R-4) only if such use complies with the relevant standards contained in Section 4.20 of this Ordinance.

4.10.5 Dimensional Requirements. Each of the following dimensional requirements shall apply to each use in the Multi-Family Residential District (R-4), except as specifically provided for in this Ordinance.

A.

Maximum Building Height: 35 feet.

B.

Maximum Building Site Coverage: 45% or 25 units/acre, whichever is greater.

C.

Minimum Lot Area: First two (2) dwelling units 6,000 square feet

Each additional unit 1,500 square feet

D.

Maximum Density: 25 dwelling units per acre

E.

Minimum Yards:

i.

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

ii.

Side yards: 5 feet (minimum of 10 feet between adjacent buildings)

iii.

Rear yards: 20 feet

F.

Minimum Lot Width: 50 feet

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 Mixed Multi-Family Residential District (R-4A) is to provide areas for the development of a variety of higher density housing types, including single-family dwellings, duplexes, fourplexes, and conventional apartments along with the opportunity for limited mixed office and commercial uses. This district is designed to be unique in terms of its zoning allowances and requirements and to foster the development or redevelopment of hurricane damaged areas and to overcome economic challenges associated therewith. This district is intended to protect existing established development yet afford redevelopment opportunities to vacant lands within the district.

4.11.2 Uses Permitted by Right. The uses permitted by right in the Mixed Multi-Family Residential District (R-4A) are set forth in Section 4.22, Chart of Permitted Uses.

4.11.3 Conditional Uses. The uses permitted by conditional use permit in the Mixed Multi-Family Residential District (R-4A) are set forth in Section 4.22, 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 Mixed Multi-Family Residential District (R-4A) only if such use complies with the relevant standards contained in Section 4.20 of this Ordinance.

4.11.5 Dimensional Requirements. Each of the following dimensional requirements shall apply to each use in the Mixed Multi-Family Residential District (R-4A), except as specifically provided for in this Ordinance.

A.

Maximum Building Height: 3 stories max.

B.

Maximum Building Site Coverage:

i.

Single-family detached: 60%

ii.

Single-family zero-lot line: 60%

iii.

Two-family detached: 60%

iv.

Single-family attached townhouse unit: 70%

v.

Multifamily Units: 60% or 20 units per acre, whichever is greater

vi.

All other uses: 60%

C.

Minimum Lot Area:

i.

Single-family detached: 4,000 square feet

ii.

Single-family zero-lot line: 4,000 square feet

iii.

Two-family detached: 6,000 square feet

iv.

Single-family attached townhouse unit:

a.

First two (2) dwelling units: 6,000 square feet

b.

Each additional unit: 1,800 square feet

v.

Multifamily Units First two (2) dwelling units 4,000 square feet

Each additional unit: 1,500 square feet

vi.

All other Uses: 6,000 square feet

D.

Maximum Density:

i.

Single-family detached: 12 dwelling units per acre

ii.

Single-family zero-lot line: 10 dwelling units per acre

iii.

Single-family attached townhouse: 18 dwelling units per acre

iv.

Two-family detached: 7 dwelling units per acre

v.

Multifamily Units: 30 dwelling units per acre

vi.

All other Uses: 10 dwelling units per acre

E.

Minimum Yards:

i.

Single-family and two-family detached:

a.

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

b.

Side yards: 5 feet

c.

Rear yards: 20 feet

ii.

Zero-lot line:

a.

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

b.

Side yards: 0 feet

c.

Rear yards: 20 feet

iii.

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

c.

Rear yards: 20 feet

iv.

Multifamily Units:

a.

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

b.

Side yards: 5 feet (minimum of 10 feet between adjacent buildings)

c.

Rear yards: 20 feet

v.

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

c.

Rear yards: 20 feet

F.

Minimum Lot Width:

i.

Single-family detached: 40 feet

ii.

Zero-lot line: 40 feet

iii.

Two-Family Detached: 40 feet

iv.

Townhouse: 18 feet

v.

Multifamily Units: 50 feet

vi.

All other uses: None

4.11.6 Off-Street Parking Requirements. See Article 8 for off-street parking and loading requirements.

4.12.1 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, where by public hearing it can be shown that a need for this type of use is warranted.

4.12.2 Uses Permitted by Right.

A.

The uses permitted by right in the Manufactured Home District are set forth in Section 4.22, Chart of Permitted Uses.

B.

In addition to the provisions of Section 4.22, 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.

4.12.3 Conditional Uses. The only conditional uses or structures which may be considered in this district are public or quasi-public facilities and utilities such as a meeting room. Provisions setting forth the conditional use application and review process are contained in Section 2.5 of this Ordinance.

4.12.4 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.

4.12.5 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 D'Iberville 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 D'Iberville.

4.12.6 Dimensional Requirements.

A.

Maximum Building Height: 25 feet.

B.

Maximum Building Site Coverage: 60%

C.

Minimum Lot Area:

i.

Minimum of 3 contiguous acres of developable land

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: 10 feet minimum or 30 feet from the public right-of-way line to the building setback line

ii.

Side yards: 10 feet minimum or 30 feet from the public right-of-way line to the building setback line

iii.

Rear yards: 20 feet

F.

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 4.12.9(C) (v). 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.

G.

Minimum Lot Width: 40 feet

4.12.7 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.

4.12.8 Permissible Locations.

A.

A manufactured home as defined in Section 3.2 of the ordinance is a permitted use as a permanent residence on an individual lot in the following zoning districts; provided however, that the exterior of the unit shall be compatible in exterior appearance with adjacent or nearby structures in the zoning district. The determination of compatibility shall be based on standards prescribed in Section 4.12.9, Standards for Determination of Compatibility in Exterior Appearance. Ag Agricultural district (multi-section units only) R-3 General residence district (multiple section units only) except in special flood hazard area R-4 Multi-family residence district (multiple and single section units) R-5 Manufactured home/mobile home district (multiple and single section units)

B.

A mobile home defined in Section 3.2 of this ordinance is a permitted use only in the R-5 manufactured home/mobile home district and is permitted only in a mobile home park and/or a manufactured home land lease community.

4.12.9 Standards for Determination of Compatibility in Exterior Appearance and Site Orientation.

A.

It is the intent of these regulations to encourage the provision of affordable housing in a general residential environment by permitting the use of manufactured housing, as defined herein, in residential districts in which similar dwellings constructed on the site are permitted, subject to the requirements and procedures as set forth herein to assure residentially designed exterior appearance and compatibility between such manufactured housing and dwellings which have been constructed under these and other lawful regulations on adjacent lots in the same district.

B.

Manufactured homes (single-family use only) shall be permitted in the residential districts enumerated above, subject to requirements and limitations applying generally to residential use in the districts, including minimum lot, yard, and building spacing, percentage of lot coverage, off-street parking requirements, and approved foundations as described herein.

C.

The following standards shall be used in determination of compatibility of residentially designed exterior appearance in manufactured homes, with foundations approved as provided in this Section, and site built housing which has been constructed in adjacent or nearby locations.

i.

Minimum width. The general shape and appearance of the manufactured home shall conform to housing in adjacent or nearby locations so as to insure compatibility of site-built housing and manufactured housing.

ii.

Roof pitch, roof overhang; roofing materials. The general shape and appearance of the roof of the manufactured home shall conform to housing in adjacent or nearby locations so as to insure compatibility of site built housing and manufactured housing. The pitch of the roof shall conform to the roof pitches of homes on adjacent or nearby lots. To insure compatibility, asphalt shingle or similar roofing material shall be used. Built up composition and metal roofs, except where compatible with other site built structures in the neighborhood shall be prohibited.

iii.

Exterior finish; light reflection. Any material may be used for exterior finish which is generally acceptable for site built housing which has been constructed in adjacent or nearby locations.

iv.

Removal of transport equipment; skirting. The hitch, axles, and wheels shall be removed. Skirting shall harmonize with the architectural style of the unit and other structures in the surrounding neighborhood.

v.

Accessory Buildings. All accessory buildings shall be architecturally compatible with the principal structure and must be located a minimum of five (5) feet from the property line on two sides. All additions or accessory buildings, garages, carports, decks, etc. must have a building permit, regardless of valuation to assure compatibility with the adjacent or nearby locations.

4.12.10 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 Marshall'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 4000 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 while 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 engineers plans for the anchoring of said manufactured and/or mobile home in accordance with HUD Wind Zone II regulations.

4.12.11 Traffic Circulation.

A.

Direct vehicular access to the land lease community and/or mobile 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 Building Official.

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 Building Official.

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 Building Official. 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 Building Official 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.

4.12.12 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.

4.12.13 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-live (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.

E.

The land lease community or park shall contain only manufactured homes meeting all residential design standards in accordance with these regulations.

4.12.14 Utilities. Privies, septic tanks, underground absorption fields, sewerage lagoons, the use of "honey wagons", package type treatment facilities and other types of private waste water 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 City of D'Iberville's water supply and waste water disposal systems (or the utility district if applicable). Stormwater sewers shall be separate and apart from any sewers intended for the conveyance of sanitary sewerage. All utilities shall be approved by the Building Official.

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 D'Iberville, 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 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 of at least one and five-tenths (1.5) foot candles but not more than five (5.0) foot candles measured at pavement level shall be maintained in common parking areas.

C.

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

4.12.15 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 D'Iberville, Mississippi, governing the same.

4.12.16 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 mobile home lot. 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.

4.12.17 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 (ISO) cubic feet for general storage or for each manufactured home and/or mobile 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 mobile 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.

4.12.18 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.

4.13.1 Purpose. The purpose of the Residential-Office District is to provide areas to meet the needs of the present and expected future residents seeking a mixture of residential uses and neighborhood/light commercial areas. This district is designed to accommodate uses such as offices, studios, and small shops, and to protect residents' privacy, access to air and solar energy, and investments of money, time and pride in their community.

4.13.2 Uses Permitted by Right. The uses permitted by right in the Residential-Office District are set forth in Section 4.22, Chart of Permitted Uses.

4.13.3 Conditional Uses. The uses permitted by conditional use permit in the Residential Office District (R-O) are set forth in Section 4.22, 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 Residential-Office District (R-O) only if such use complies with the relevant standards contained in Section 4.20 of this Ordinance.

4.13.5 Dimensional Requirements. Each of the following dimensional requirements shall apply to each use in the Residential-Office District, except as specifically provided for in this Ordinance.

A.

Maximum Building Height: 35 feet

B.

Maximum Building Site Coverage: 50%

C.

Minimum Lot Area: 5,000 square feet

D.

Maximum Density: none

E.

Minimum Yards:

i.

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

ii.

Side yards: 0 feet*

iii.

Rear yard: 10 feet

* Side yard setback shall be 0 feet when adjoining property is zoned R-O, C-1, or C-2, and must have a two-hour fire wall construction; otherwise 5 feet minimum side yard.

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 Neighborhood Commercial district is to provide for the development and operation of retail and personal service establishments at a neighborhood scale. 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. The land uses resulting from the development of this district are anticipated to serve the needs of those individuals living in close proximity to the district as opposed to serving a market opportunity created by the motoring public.

4.14.2 Uses Permitted by Right. The uses permitted by right in the Neighborhood Commercial District (C-1) are set forth in Section 4.22, Chart of Permitted Uses.

4.14.3 Conditional Uses. The uses allowed by conditional use permit in the Neighborhood Commercial District are set forth in Section 4.22, 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 Neighborhood Commercial District only if such use complies with the relevant standards contained in Section 4.20 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 Neighborhood Commercial District, except as specifically provided for in this Ordinance.

A.

Maximum Building Height: 35 feet

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

ii.

Side yards: None*

iii.

Rear yard: 10 feet

* Side yard setback shall be 0 feet when adjoining property is zoned R-O, C-1, or C-2, and must have a two-hour fire wall construction; other wise 5 feet minimum side yard.

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 General Commercial District is to provide for the preservation and continuation of the economic livelihood of D'Iberville. This district is intended to provide for a mix of business, professional and cultural uses, as well as to provide adequate parking and loading facilities, internal traffic circulation, and safe ingress and egress to the public street system within this district. The uses within this district are those which do not rely solely upon traffic flow for their sustainability.

4.15.2 Uses Permitted by Right. The uses permitted by right in the General Commercial District (C-2) are set forth in Section 4.22, Chart of Permitted Uses.

4.15.3 Conditional Uses. The uses allowed by conditional use permit in the General Commercial District (C-2) are set forth in Section 4.22, 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 General Commercial District (C-2) only if such use complies with the relevant standards contained in Section 4.20 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 General Commercial District, except as specifically provided for in this Ordinance.

A.

Maximum Building Height: 50 feet

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

ii.

Side yards: None*

iii.

Rear yard: None if constructed by a minimum two hour firewall; otherwise, 10 feet

* Side yard setback shall be 0 feet when adjoining property is zoned R-O, C-1, or C-2, and must have a two-hour fire wall construction; other wise 5 feet minimum side yard.

4.15.6 Off-Street Parking Requirements. See Article 8 for off-street parking and loading requirements.

4.16.1 Purpose. The Interstate Commercial District has been created for the following purposes:

A.

To serve high traffic retail and service and light industrial type trades. These types of establishments serve a market population beyond the community or neighborhood. The market area tends to be regional. These types of establishments generate traffic which is best suited for arterial service road and highways to avoid undue congestion.

B.

To attract economic development and employment opportunities that are supportive of and compatible with the existing character of the area and those private and public uses contemplated within the Comprehensive Plan.

C.

To enhance the visual image of D'Iberville which is associated with the major Interstate Highway gateways to the City, ensuring the architectural compatibility of new structures with the development of the district; preventing visual clutter related to signs, utilities transmission lines, unkempt facades of buildings and structures, storage of materials and visibility of parked vehicles providing and maintaining landscaping along streets, at buildings and structures, and in vehicular parking areas; protection of visual vistas identified in the City's Comprehensive Plan.

D.

Protect and provide for specific sites for development and redevelopment as identified in the City's Comprehensive Plan.

E.

The area divisions (A, B, C, and D) as designated on the zoning map are established for the purpose of the sign regulations only. All other characteristics of the zoning district (lot area, lot width, building coverage, required yards, and building height) shall be in accordance with Section 4.16 Interstate Commercial District (C-3).

4.16.2 Uses Permitted by Right. The uses permitted by right in the Interstate Commercial District (C-3) are set forth in Section 4.22, Chart of Permitted Uses.

4.16.3 Conditional Uses. The uses allowed by conditional use permit in the Interstate Commercial District are set forth in Section 4.22, Chart of Permitted Uses. Provisions setting forth the conditional use application and review process are contained in Section 2.5 of this Ordinance.

4.16.4 Accessory Uses. Accessory uses shall be permitted in the Interstate Commercial District only if such use complies with the relevant standards contained in Section 4.20 of this Ordinance.

4.16.5 Lot Area, Width, Building Coverage, Required Yards, and Height Regulations. Each of the following dimensional requirements shall apply to each use in the Interstate Commercial District, except as specifically provided for in this Ordinance.

A.

Maximum Building Height:

i.

North of I-10: 65 feet, no structure shall have more than 6 stories or as otherwise required by the FAA

ii.

South of I-10: 50 feet, no structure shall have more than 5 stories or as otherwise required by the FAA

B.

Maximum Building Site Coverage: To be determined by the Planning Commission with approval of the development plans. Single Family Residential shall meet the requirements of the R-1 Single Family Residential District.

C.

Minimum Lot Area: To be determined by the Planning Commission with approval of the development plans; Single Family Residential shall meet the requirements of the R-1 Single Family Residential District.

D.

Minimum Lot Width: None

E.

Maximum Density: none

F.

Minimum Yards:

i.

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

a.

25 feet measured from the right-of-way.

b.

Single Family Residential shall meet the requirements of the R-1 Single Family Residential District

ii.

Side yards: None

a.

10 feet (with landscaping buffer)

b.

Single Family Residential shall meet the requirements of the R-1 Single Family Residential District

iii.

Rear yard:

a.

25 feet (with landscaping buffer)

b.

Single Family Residential shall meet the requirements of the R-1 Single Family Residential District

4.16.6 Off-Street Parking Requirements. See Article 8 for off-street parking and loading requirements.

4.17.1 Purpose. The purposes of this district are to provide areas for development of uses which are suitable for manufacturers and related activities. Located for convenient access from existing and future arterial streets, highways or waterway, this district is separated from residential districts by business and commercial districts. Where adjacent to residential districts, some type of artificial separation may be required (buffer).

4.17.2 Uses Permitted by Right. The uses permitted by right in the Industrial District are set forth in Section 4.22, Chart of Permitted Uses.

4.17.3 Conditional Uses. The uses allowed by conditional use permit in the Industrial District are set forth in Section 4.22, Chart of Permitted Uses. Provisions setting forth the conditional use application and review process are contained in Section 2.5 of this Ordinance.

4.17.4 Accessory Uses. Accessory uses shall be permitted in the Industrial District only if such use complies with the relevant standards contained in Section 4.20 of this Ordinance.

4.17.5 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: 50 feet, except as provided in Section 5.3.

B.

Maximum Building Site Coverage: 75%

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: 0 feet when adjoining property is zoned R-O, C-1, or C-2, and must have a two-hour fire wall construction; otherwise 5 feet minimum side yard

iii.

Rear yard: None if constructed by a minimum two hour firewall; otherwise, 10 feet

4.17.6 Off-Street Parking Requirements. See Article 8 for off-street parking and loading requirements.

4.18.1 Purpose. The purposes of this district are to create an environment attuned to preserving the waterfront and waterfront views along the Bay of Biloxi. It is the intent of this classification to locate uses which allow and actually encourage visual and physical accessibility to the water, promote pedestrian and limit vehicular activity, and accommodate a number of diverse uses inclusive of residential, commercial and amusement, and gaming activities, as herein provided for, as permitted, accessory or conditional uses. It is further intended the Waterfront District be limited to actual water front areas and areas within the legal physical limits of casino gaming (800 feet from mean high tide).

4.18.2 Uses Permitted by Right. The uses permitted by right in the Waterfront District are set forth in Section 4.22, Chart of Permitted Uses.

4.18.3 Conditional Uses. The uses allowed by conditional use permit in the Waterfront District are set forth in Section 4.22, Chart of Permitted Uses. Provisions setting forth the conditional use application and review process are contained in Section 2.5 of this Ordinance.

4.18.4 Accessory Uses. Accessory uses shall be permitted in the Waterfront District only if such use complies with the relevant standards contained in Section 4.20 of this Ordinance.

4.18.5 Lot Area, Width, Building Coverage, Required Yards and Height Regulations. Each of the following dimensional requirements shall apply to each use in the Waterfront District, except as specifically provided for in this Ordinance.

A.

Maximum Building Height: 110 feet, except as provided in Section 5.3.

B.

Maximum Building Site Coverage: 50%

C.

Minimum Lot Area: 6 acres, 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: 25 feet

iv.

Floor area ratio: 2:1 maximum

4.18.6 Off-Street Parking Requirements. See Article 8 for off-street parking and loading requirements.

4.19.1 Purpose. The purpose of this district is to provide and encourage the development of territory within the City in a manner more consistent with traditional forms of built environment. Further, it is anticipated that this district would contain land uses which relate to and compliment gaming and other related entertainment type uses and further the goal of reintroducing residents to this area of the City of D'Iberville. Within this district, it is desirable to achieve an identity consistent with the master plan and comprehensive plan for the City of D'Iberville, and attract investment through the requirement of quality building design within a pedestrian-friendly environment.

A secondary purpose of this district is to facilitate infill development and redevelopment in a portion of the City of D'Iberville which was struck heavily by Hurricane Katrina and continues to face environmental and regulatory challenges to redevelopment. To this end, this district is designed to encourage higher value land uses and increased density of development and a mix of uses including retail, office, entertainment, and high density residential units.

4.19.2 Uses Permitted by Right. The uses permitted by right in the French Market District are set forth in Section 4.21, Chart of Permitted Uses.

4.19.3 Conditional Uses. The uses allowed by conditional use permit in the French Market District are set forth in Section 4.22, Chart of Permitted Uses. Provisions setting forth the conditional use application and review process are contained in Section 2.5 of this Ordinance.

4.19.4 Accessory Uses. Accessory uses shall be permitted in the French Market District only if such use complies with the relevant standards contained in Section 4.20 of this Ordinance.

4.19.5 Lot Area, Width, Building Coverage, Required Yards and Height Regulations. Each of the following dimensional requirements shall apply to each use in the French Market District, except as specifically provided for in this Ordinance.

A.

Maximum Building Height:

i.

Principle Building: 4 stories max, except as provided in Section 5.3.

ii.

Outbuilding: 2 stories max.

B.

Maximum Building Site Coverage: 90%

C.

Minimum Lot Area: None

i.

Single-family detached: 3,000 square feet

ii.

Single-family 0 lot line: 4,000 square feet

iii.

Single-family attached townhouse unit:

a.

First two (2) dwelling units: 4,000 square feet

b.

Each additional unit: 1,800 square feet

iv.

Two-family detached: 6,000 square feet

v.

Multifamily Units: First two (2) dwelling units 4,000 square feet
Each additional unit 1,500 square feet

vi.

Residential and non residential: No minimum provided residential is mixed vertically not the predominate use of the property.

vii.

All other Uses: No minimum

D.

Maximum Density:

i.

Single-family detached: 12 dwelling units per acre

ii.

Single-family zero-lot line: 10 dwelling units per acre

iii.

Single-family attached townhouse: 18 dwelling units per acre

iv.

Two-family detached: 7 dwelling units per acre

v.

Multifamily Units: 30 dwelling units per acre

vi.

All other Uses: none

E.

Minimum Yards:

i.

Single-family and two-family detached

a.

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

b.

Side yard: 5 feet

c.

Rear yard: 20 feet

ii.

Zero-lot line

a.

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

b.

Side yard: 0 feet

c.

Rear yard: 20 feet

iii.

Townhouse:

a.

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

b.

Side yard: 0 feet at common firewall; 10 feet at end of building unit or lot line; 20 feet between townhouse building clusters

c.

Rear yard: 20 feet

iv.

Multifamily Units:

a.

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

b.

Side yard: 5 feet (minimum of 10 feet between adjacent buildings)

c.

Rear yard: 20 feet

v.

All other uses

a.

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

b.

Side yard: 0 feet with a 2 hour fire wall construction; otherwise, 5 feet.

c.

Rear yard: 10 feet

F.

Minimum Lot Width:

i.

Single-family detached: 30 feet

ii.

Single-family 0 lot line: 40 feet

iii.

Single-family attached townhouse unit: 18 feet

iv.

Two-family detached: 40 feet

v.

Multifamily Units: 60 feet

vi.

All other Uses: No minimum

G.

Maximum Lot Depth: 180 feet for all uses. This provision shall not prevent the utilization of a lot of greater depth provided such lot was heretofore lawfully created.

4.19.6 Special Provision for Adjustment to Required Yard Setbacks in the French Market District. Front, rear and side yard requirements may be lessened from those required in Section 4.19.5E provided the use for which the reduced yards are requested be treated as a Conditional Use subject to the procedures and provisions of Section 2.5. In reviewing the proposed development and in consideration of criteria necessary to grant a Conditional Use, the following factors shall be considered:

A.

The extent to which a reduction in minimum yard requirements serves to achieve a more urban, compact development form consistent with the master plan or comprehensive plan for the City of D'Iberville.

B.

The urban form resulting from reducing the minimum yard requirements, including but not limited to:

i.

Location of parking areas.

ii.

Provision of liner buildings and street screening.

iii.

Façade enhancements though balconies or similar attributes.

iv.

Landscaping materials.

C.

The extent to which other properties in the vicinity have successfully reduced the minimum yard requirements pursuant to this procedure.

D.

The likelihood of adjacent properties developing with similar setbacks to achieve continuity along the street upon which such use is facing.

E.

Whether or not the reduction of a required yard would impede the delivery of any municipal service, particularly fire protection and the ability to maintain city infrastructure.

F.

Whether or not the granting of reduced setbacks would adversely impact adjacent property or otherwise endanger pedestrians or interfere with vehicular traffic.

G.

Whether or not the reduction of a required yard would prevent compliance with other city codes and ordinances.

H.

Whether or not the request is designed to simply circumvent the variance procedure.

4.19.7 Off-Street Parking Requirements. See Article 8 for off-street parking and loading requirements.

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

4.20.2 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.

4.20.3 Special Standards. Each accessory use shall comply with all of the following standards listed for that use:

A.

Dwelling(s) Accessory to Principal Nonresidential 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 Occupation with no outdoor storage.

i.

Number. No more than one (1) home occupation shall be permitted per dwelling unit.

ii.

Workers. The workforce of a home occupation shall be limited to only those family members residing upon the premises within which the home occupation is conducted.

iii.

Size. The area utilized for the home occupation shall not consume more than ten (10%) percent of the floor area of the dwelling unit in which such occupation is located. No part of a home occupation may be conducted within an accessory building.

iv.

Traffic Generation, Parking. No traffic shall be generated by a home occupation in greater volume than would be expected in a residential neighborhood, and any need for parking shall be met off-street parking.

v.

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

vi.

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.

vii.

Principal use of structure. Any structure within which a home occupation is conducted shall have a principal use as a dwelling unit. A home occupation shall only be incidental to a residential use.

C.

Noncommercial Swimming Pool. A noncommercial 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 on-site sewage disposal field or system. No portion of any walkway or pool appurtenance structure shall be closer than four (4') feet to any lot line.

ii.

Fence. Every in-ground noncommercial swimming pool shall be entirely enclosed with a good quality chain link, wooden or equivalent fence of not less than four (4') feet in height. Above ground pools on any lot shall not require a fence but shall require a lockable gate to any pool access platform or ladder.

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.

ii.

Structures. Structures (such as bathhouses, greenhouses, and storage sheds) shall not exceed fifty (50%) percent of the floor area of the principal building, shall not exceed fifteen (15') feet in height, and shall not be located in front of nor within ten (10') feet of the principal building not within five (5') feet from a side lot line, nor within five (5') feet of a rear lot line.

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.

1. Units are in Feet

2. Units are in Square Feet (s.f.)

3. Dwelling Units per Acre (DUA)

4. 10 feet from non-public right-of-way

5. First 2 units, 1,800 s.f. each additional unit

6. Each additional dwelling unit

7. First 2 units; 1,500 s.f. for each additional unit

8. A 2-hour firewall is required, otherwise 5 feet

9. A 2-hour firewall is required, otherwise 10 feet

10. Maximum of 6 stories

11. Maximum of 3 stories

12. 0 feet at common fire wall; 10 feet at end of building unit or lot line; 20 feet between building clusters

13. Minimum of 10 feet between buildings

14. 261,360 s.f. (6 ac.) for casino sites. Other permissible land uses shall require lot sizes consistent with the FMD District.

4.22.1 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 a "R" are considered permitted uses without further approval of the City of D'Iberville, 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 D'Iberville.

B.

Uses Requiring Site Plan (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 site plan 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 D'Iberville.

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

4.22.2 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 Building Official shall make a determination of the appropriate zoning district in which such use shall be permitted either by right, by site plan review, or by conditional use. If the Building Official cannot reach a determination, then the matter shall come before the Planning Commission for such determination.

A.

Any use designated as requiring site plan (planning commission) review, except those to be located within the AG, R-E, R-1, R-2, R-3, or R-4 districts, 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 D'Iberville.

B.

If, in the opinion of the Building Official 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.

A.

An application for a use designated as requiring conditional use approval, except those to be located within the AG, R-E, R-1, R-2, R-3, or R-4 districts, may forego the formal procedure specified in Section 2.5 and be administratively approved by the DRC subject to each of the following conditions:

i.

The application shall be submitted as outlined in Section 2.5.3 of this ordinance.

ii.

That the proposed use is to occupy an existing building whereby it replaces an identical or nearly identical use which has previously received conditional use approval. (ex. Bob's Boat Sales proposes to occupy the former site of Rick's Boat Sales)

iii.

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

iv.

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.

v.

Where conditions were imposed by the City of D'Iberville upon the former use as a result of the conditional use process, the applicant shall submit a written agreement that said conditions shall also be binding as a condition of approval for the proposed use. Prior conditions may be waived by the DRC if such condition no longer applies to the property or use. Should the applicant desire relief from any other prior conditions, the application shall be forwarded to the Planning Commission for review in accordance with Section 2.5.

B.

The Building Official and the DRC shall review the application using the criteria as outlined in Section 2.5.6 of this ordinance. If, in the opinion of the Building Official or the DRC, the nature or operating aspects of the proposed use are such that additional 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 2.5.

C.

Receipt of administrative approval of the conditional use application does not exempt the applicant from other requirements or fees required by this ordinance.

In the instance that property bearing the zoning designation of C-1 Neighborhood Commercial lies adjacent to and adjoining any property which is zoned for residential purposes, any land use proposed to be established, created, expanded or enlarged upon the property zoned C-1 Neighborhood Commercial shall be administered as a Conditional Use pursuant to Section 2.5 of this Ordinance.

In the event the requirements of this section are effectuated against a proposed development upon any property zoned C-1 Neighborhood Commercial, the full scope of procedures and application processes specified in Section 2.5 shall be followed.

For the purposes of this provision, "property zoned for residential purposes" shall include AG, R-E, R-1, R-2, R-3, R-4, R-4A or R-5 districts.

Notes:

1. The building containing a regulated use shall not be located within four hundred (400) feet of an exclusive residential zoning district unless a petition requesting waiver of this requirement is received and verified by the Planning Commission, signed by sixty (60) percent of those persons owning property within a five-hundred-foot radius of the proposed location, in which case the city council may waive this requirement similar to those required for a waiver as listed in Footnote 2.

2. The regulated use shall not be located within a twenty-five hundred foot (2,500) radius of any other regulated use. The restrictions of this subsection may be waived by the city council after an application for a waiver and a hearing before the Planning Commission, if the city council shall find:

a.

That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this ordinance will be observed;

b.

That the proposed use will not enlarge or encourage the development of a blighted or downgraded area;

c.

That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential; and

d.

That all other applicable regulations of this article will be observed.

3. No building containing a regulated use shall be established within four hundred (400) feet of any church, temple, synagogue, or other regularly established place of worship, or any school; provided, however, the City Council may waive this requirement after receipt of a recommendation from the Planning Commission and upon findings similar to those required under Footnote 2.

4. The Building Official or his representative is hereby authorized to enter, examine and survey, during business hours, any premises in the City which is a regulated use for the purpose of enforcing the provisions of this article. This section shall not restrict or limit the right of entry vested in any other person under any other provision of law.

5. Liquor stores and similar establishments shall conform to the requirements of Mississippi Code Annotated Section 67-1-51. Permits; distance regulations; prohibition on ownership of more than one package retailer's permit; prohibition on ownership of additional permits by persons living in same household.

6. Without regard to the separation requirements contained in footnotes 1, 2, and 3, the City of D'Iberville may, through the Conditional Use procedure, approve these uses with a lesser (smaller) separation.

(Ord. No. 174, § 1, 10-19-21; Ord. No. 195, 11-19-24)