No more than one (1) principal use shall be permitted on a lot, unless specifically permitted by this Ordinance.

5.2.1 Street Frontage Required. Every principal building shall be built upon a lot with frontage upon a public or private street improved to meet minimum standards set forth in the subdivision regulations for the City of D'Iberville.

5.2.2 Two or More on a Lot. Where two (2) or more principal buildings are on a lot, the same shall conform to the following:

A.

The requirement of this Ordinance which would apply to each building if each were on a separate lot; and,

B.

The standards and improvements required for land development by the Subdivision regulations.

No building shall exceed the maximum building height standard specified in the relevant district regulations of this Ordinance, and the following additional height restrictions shall apply:

A.

Buildings and structures located in the Runway End and Clear Zone, the Runway Airspace Plan and Profile, and the Runway Airspace Imaginary Surfaces for Keesler Air Force Base shall not exceed one hundred seventy feet (170') in height as established by the United States Department of Defense.

B.

Farm structures, silos, water towers, church spires, belfries, solar energy collectors (and equipment used for the mounting or operation of such collectors), windmills, chimneys or other appurtenances shall be considered as accessory uses as defined in Section 4.20 and as such the height may [be] increased above the maximum allowable height of the associated district one foot (1'-0") vertically provided every required setback is increase one foot (1'-0") horizontally.

5.4.1 In General.

A.

The lot or yard requirements for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this Ordinance.

B.

No required lot area or yard shall include any property (the ownership of which has been transferred subsequent to the effective date of this Ordinance), if such property was part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.

5.4.2 Exceptions to Minimum Lot Areas, Lot Widths and Yards.

A.

Nonconforming Lots. See Section 5.6.

B.

Irregularly Shaped Lots. In the case of irregularly shaped lots, the minimum lot width specified in the district shall be measured at the front lot line of the minimum required front yard, provided that in no case shall the lot frontage measured at the street right-of-way line be less than seventy (70%) percent of the required minimum lot width except in the following situations: on cul-de-sacs or courts or street centerline curves of less than three hundred (300') feet radius where the lot frontage measured at the street right-of-way line shall not be less than forty (40%) of the minimum lot width.

C.

Through Lots. Front yards shall be provided along all portions of a through lot abutting any street, except where a provision of a different yard will comply with the prevailing front yard pattern on adjoining lots. The presence of an alley shall not constitute a through lot.

D.

Corner Lots. Front yards shall be provided along all portions of a corner lot abutting any street, except where the provision of a different yard will comply with the prevailing yard pattern on adjoining lots (but shall not be less than ten (10') feet).

E.

The front yard of a lot between two lots (each having a principal building within twenty (20') of the lot) may be reduced to a depth equal to that of the greater of the two adjoining lots, except that the front yard shall not be less than ten (10') feet.

F.

Projections into Yards.

i.

No projection into required yard areas permitted in Sections 5.4.2F.ii. and iii. (except for patios) in a Low Density Residential District or Medium Density Residential District shall be less than ten (10') feet from any side or rear lot line or fifteen (15') feet from any front lot line.

ii.

Bay windows, fireplaces, fire escapes, chimneys, uncovered stairs and landings, and balconies and cornices, canopies, marquees, eaves or other architectural features not required for structural support may project into the required side, front or rear yard not more than two (2') feet.

iii.

Patios may be located in the required side and rear yards not closer than three (3') feet to any adjacent property line.

G.

Yard Setback Variation under Harrison County Subdivision Plat Approval.

i.

Although the provisions of this ordinance are specific as they relate to required yard setbacks, the City of D'Iberville recognizes that certain development occurred under the jurisdiction of the County Board of Supervisors within areas annexed in 2013. Therefore, any residential lot having been previously platted, approved, or developed with a yard setback less than that required by this ordinance shall hereafter develop in conformance with those yard setbacks as heretofore approved.

5.4.3 Traffic Visibility across Corners.

A.

Sightlines at Intersections of Streets.

i.

A triangular area as defined in Section 5.4.3 A. iii. shall be graded and shall be free of sight obstructions so that vision between a height from two to ten (2' to 10') feet above the centerline grades of the intersecting streets is not obscured.

ii.

By means of deed restriction, lease restriction, or plan amendment (whichever method is applicable), vegetation shall not be planted or allowed to grow in such a manner as to obscure vision between a height of from two to ten (2' to 10') feet above the centerline grades of the intersecting streets within the triangular area defined in Section 5.4.3 A. iii.

iii.

Such triangular area shall be bound at street intersections (corner lots) as measured along the back of curb on both streets for a distance of fifty (50) feet from the point of intersection of the curb line. In the absence of curb, the triangular area shall be measured fifty (50) feet from intersection of the projection line of the edge of pavement.

B.

Sightlines at Intersections of Driveways or Accessways with Streets.

i.

A triangular area as defined in Section 5.4.3 B. iii. shall be graded and shall be free of sight obstructions so that vision between a height of from two to ten (2' to 10') feet above the centerline grades of the intersecting driveway, accessway, or streets is not obscured.

ii.

By means of deed restriction, lease restriction, or plan amendment (whichever method is applicable), vegetation shall not be planted or allowed to grow in such a manner so as to obscure vision between a height of from two to ten (2' to 10') feet above the centerline grades of the intersecting driveway, accessway, or streets within the triangular area defined in Section 5.4.3 B. iii.

iii.

Such triangular area shall be bound by the intersecting driveway, accessway, or street centerlines and a diagonal connecting two points as measured along the back of curb on both streets and driveways for a distance of twenty-five (25) feet from the point of intersection of the curb lines. In the absence of curb, the triangular area shall be measured twenty-five (25) feet from intersection of the projection line of the edge of pavement.

5.4.4 Buffer Yards.

A.

Scope. Any nonresidential use which borders any Residential zoning district shall provide buffer yards which comply with the standards of Section 5.4.4.

B.

Size, Location.

i.

A fifteen (15') foot buffer yard shall be required, unless otherwise indicated in this Ordinance. A twenty five (25') buffer yard shall be required when any nonresidential use borders any Residential Estate (RE) zoned area.

ii.

The buffer yard shall be measured from the property line or from the street right-of-way line (where a street serves as the district boundary line). Buffer yards shall not be within an existing or future street right-of-way and shall be in addition to that right-of-way.

iii.

The buffer yard may be coterminous with a required front, side, or rear yard, provided the larger yard requirements shall apply in case of conflict.

C.

Characteristics.

i.

The buffer yard shall be a landscaped area free of structures, manufacturing or processing activity, materials, or vehicular parking. No driveways or streets shall be permitted in the buffer yards except at points of ingress or egress.

ii.

In all buffer yards, all areas not within the planting screen shall be planted with grass seed, sod or ground cover, and shall be maintained and kept clean of all debris, rubbish, grass more than twelve (12") inches in height, or weeds.

D.

Planting Screen.

i.

Each buffer yard shall include a Planting Screen of trees, shrubs, and/or other plant materials extending the full length of the lot line to serve as a barrier to visibility, airborne particles, glare and noise.

ii.

Each Planting Screen shall be in accordance with the following requirements:

a.

Plant materials used in the planting screen shall be of such species and size as will produce, within two (2) years, a complete year-round visual screen of at least eight (8') feet in height.

b.

The Planting Screen shall be permanently maintained by the landowner and any plant material which does not live shall be replaced within one (1) year.

c.

The Planting Screen shall be so placed that at maturity it will be at least three (3') feet from any street or property line.

d.

The Planting Screen shall be broken only at points of vehicular or pedestrian access and shall comply with Section 5.4.3.

iii.

In circumstances where it is impractical for a Planting Screen to meet all the requirement of this Section or would create an undue hardship, the Planning Commission may modify the requirements or approve acceptable alternatives which shall satisfy the spirit, objectives and intent of the screen requirements. Planning Commission review is subject to Section 2.4 Site Plan Review of this Ordinance.

E.

Plans.

i.

Prior to the issuance of any Zoning approval, the applicant shall submit plans which graphically indicate, in both drawing and text where appropriate, the following:

a.

The location and arrangement of each buffer yard.

b.

The placement, species, and size of all plant materials, and

c.

The placement, size, materials and type of all fences to be placed in such buffer yard.

ii.

Such plans shall be reviewed by the Building Official to ascertain that the plans are in conformance with the terms of this Ordinance.

5.5.1 Purpose and Establishment. All front yards and other appropriate yards shall be measured from the relevant minimum future right-of-way line indicated in Section 5.5.2 where the existing right-of-way is less than that indicated in Section 5.5.2 for the particular class of road on which a property abuts.

5.5.2 Measurement.

A.

The future right-of-way shall be measured from the centerline of the existing road.

B.

The specific classification of each road is shown on the Street Classification Map set forth in the Comprehensive Plan for the City of D'Iberville.

5.6.1 Intent of Regulations.

A.

Existence of Nonconforming Uses and Structures.

i.

Within the districts established by this ordinance or amendments that may later be adopted, there exist structures, uses of land and structures, and characteristics of use which were lawful before the effective date of his ordinance or amendment thereof, but which would be prohibited, regulated or restricted under the terms of this ordinance or of future amendments. It is the intent of this ordinance to permit these nonconformities to continue until they are removed but not to encourage their survival. It is further the intent of this ordinance that non conformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

ii.

Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the district involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of structure and land in combination shall not be extended or enlarged by attachment on a building premises of additional signs intended to be seen from off the premises, or by addition of other uses of a nature which would be prohibited generally in the district involved.

iii.

As used in this section, "amendment" shall mean and shall be limited to an amendment by which the use of land, or structures, or of structures and premises in combination, because nonconforming or otherwise affected.

B.

Construction Begun Prior to Ordinance.

i.

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any structure on which actual construction was lawfully begun prior to the effective date of this ordinance or of amendment thereto and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

5.6.2 Continuation.

A.

Where lawful use of land, a structure, or of structures and premises in combination, exists on the effective date of this ordinance or amendment thereto, which use would not be permitted by the regulations imposed by this ordinance or by amendment thereto, and where such use or structures have a replacement cost exceeding one thousand dollars ($1,000.00), the use may be continued so long as it remains otherwise lawful.

B.

Any nonconforming use, structure, or lot may be continued, maintained, improved, and repaired, provided it conforms to all of the provisions of Section 5.6.

5.6.3 Alteration or Extension

A.

Nonconforming Structure.

i.

A nonconforming structure may be altered, reconstructed, or enlarged provided that such alteration, reconstruction or enlargement does not increase the nonconformance or the nonconforming part of the structure.

ii.

In the case of a nonconforming structure which is used by a nonconforming use, such alteration, extension or enlargement shall also meet the requirements of Section 5.6 3.C.

iii.

An existing nonconforming structure cannot be enlarged, except by requesting a public hearing through the Planning Commission to indicate that a hardship is existing and that a variance of the requirement would be considered by affirmative vote of the Planning Commission and City Council.

B.

Nonconforming Lot of Record.

i.

A building may be constructed on a nonconforming lot, provided the yard requirements of this Ordinance are observed.

ii.

Contiguous nonconforming lots under common ownership shall be considered one lot.

C.

Nonconforming Use. A nonconforming use shall not be altered, reconstructed, extended or enlarged, except in accordance with the following provisions:

i.

Such alteration, reconstruction, extension or enlargement shall be only upon the same lot as in existence on the date in use became nonconforming.

ii.

Such alteration, reconstruction, extension, or enlargement shall not create a volume or floor area of the nonconforming use which is greater than one hundred (100%) percent more than the volume or floor area of the nonconforming use as it existed on the date the use became nonconforming, provided all other requirements of this Ordinance are met.

iii.

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of this ordinance or amendment thereto. No additional structure not conforming to the requirements of this ordinance shall be erected in connection with such nonconforming use of land.

iv.

No such nonconforming use shall be extended or moved to any portion of the premises or parcel of land other than occupied by such on the effective date of this ordinance or amendment thereto.

5.6.4 Restoration. A nonconforming building or any building containing a nonconforming use which is legally condemned or destroyed by fire, explosion, flood or other natural phenomenon, to an extent equal to fifty (50%) percent or less of its fair market value, may be reconstructed and used for the same nonconforming use, provided that reconstruction of the building shall be commenced within one (1) year from the date the building was destroyed or condemned and shall be completed within one (1) year of the date commenced.

5.6.5 Ownership. Whenever a nonconforming use, structure, or lot is sold to a new owner, a previously lawful nonconforming use may be continued by the new owner, tenant, or management provided there is no change in the nature or character of such nonconforming use, structure, or lot, except as otherwise provided in this chapter.

5.6.6 Cessation.

A.

When a nonconforming use of a structures and premises in combination be destroyed or damaged by an act of God, including tornado, hurricane, flood, wind, earthquake, etc., or accident not caused purposefully by the owner or tenant, the structure may be replaced or repaired. However, such replacement or repair shall be subject to the following provision:

Application for a building permit must be made to the Building Official within one (1) year of the time the structure was destroyed. However, in cases of hardship the Planning Commission shall, at its discretion, have the authority to extend said one-year limitations for additional periods of time upon application of the owner or leaseholder.

B.

If a nonconforming use of a building or land ceases for any reason for a period of more than six (6) months, subsequent use of such building or land shall conform with the regulations of the district in which it is located.

5.6.7 Changes.

A.

Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.

B.

A nonconforming use may be changed to another nonconforming use only if permitted as a Conditional Use by the Planning Commission after the applicant has shown that the proposed change will be equally or less objectionable in external effects than the existing nonconforming use with regard to:

i.

Traffic generation and congestion (including truck, passenger car, bicycle and pedestrian traffic),

ii.

Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration,

iii.

Storage and waste disposal, and

iv.

Appearance.

5.6.8 District Changes. Whenever the boundaries of a district are changed so as to transfer an area from one district to another district, the foregoing provisions shall also apply to any nonconforming uses or structure existing in the district to which the area was transferred.

5.6.9 Repairs and Maintenance.

A.

Ordinary Maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any twelve (12) consecutive months or ordinary repairs, or on repair and replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not to exceed ten (10) percent of the current replacement cost of the nonconforming structure or portion of the structure, as the case may be, provided that the cubic content existing when the structure or portion thereof became nonconforming shall not be increased.

B.

Unsafe Structures. If a nonconforming structure or portion of structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be resorted, repaired, or rebuilt except in conformity with the regulations of the district in which it is located. Nothing in the ordinance shall be deemed to prevent the strengthening or restoration to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protection the public safety, upon order of such official.

5.6.10 Uses Requiring Planning Approval and Conditional Uses.

A.

Existing Uses. Any lawful use existing on the effective date of this ordinance or amendment thereto, and which would be required to have planning approval or would be a conditional use under the terms of this ordinance or amendment thereto, is, without further action, conforming under these provisions.

B.

Authorized Uses. Any lawful use which is permitted with planning approval or as a conditional use under terms of this ordinance (other than a change through planning commission action from a nonconforming use to another use not generally permitted in the distinct) shall not be deemed a nonconforming use in such district but shall, without further action, be considered a conforming use.

5.6.11 Nonconforming Mobile or Manufactured Homes.

A.

Manufactured homes and mobile homes lawfully located prior to the enactment of the Ordinance but not meeting the terms of this Ordinance shall be considered nonconforming uses. Such manufactured homes and mobile homes may be replaced only if they meet all the terms of this Ordinance and all existing codes and regulations as set forth below.

B.

Unless otherwise allowed herein, mobile homes may be replaced by multi-sectioned manufactured homes in AG, R-I, R-2, R-3 districts, provided its location on the lot will not increase its nonconformity. Such replacement must occur within a one (1) year time period after being destroyed by fire or natural disaster.

C.

In the case of a manufactured or mobile home destroyed by fire or natural disaster, such home may be replaced by a manufactured home of the same or greater dimensions/size provided the following conditions exist:

i.

The property upon which the replacement home is to be located must have been properly qualified for homestead exemption benefits with the Harrison County Tax Assessor on or before August 29, 2005, and the ownership of said property has remained unchanged since August 29, 2005.

ii.

That, following the replacement of the damaged or destroyed mobile or manufactured home, the subject property will either 1) continue to qualify for homestead exemption or 2) requalify for homestead exemption.

D.

Additions and improvements to existing mobile or manufactured homes are permitted only if the entire home is brought into compliance with all existing codes and regulations.

A temporary permit may be issued by the Building Official for structures or uses necessary during construction or other special circumstances of a nonrecurring nature subject to the following additional provisions:

5.7.1 The life of such permit shall not exceed one (1) year and may be renewed for an aggregate period of not more than two (2) years.

5.7.2 Such structure or use shall be removed completely upon expiration of the permit without cost to the City of D'Iberville.

5.8.1 Short-Term Rental Definition:

Short-term rental: Any dwelling or condominium or portion there of that is available for use or is used for accommodations or lodging of guests, paying a fee or the compensation for a period of less than thirty (30) consecutive days. For the purpose of House Bill No. 1836 (1998) regarding a tax levy on lodging rentals, short-term rental "means any establishment engaged in the business of furnishing or providing rooms intended or designed for dwelling, lodging or sleeping purposes to transient guests and which are known in the trade as such." The term "short-term rental" does not include any hospital, convalescent or nursing home, shell houses, group homes, or sanitarium or any facility associated with a hospital providing rooms for medical patients and their families. The term "short-term rental" shall also not include mobile homes, manufactured homes, group homes, travel trailers, tents, recreational vehicles, campers or other similar vehicles or structures.

5.8.2 Short-Term Rentals are NOT permitted in the following zoning districts: AG (Agricultural), R-E (Residential Estates), R-1 or R-2 (Single Family Homes), R-3 (General Residential District), R-5 (Manufactured Home District), R-O (Residence Office District).

5.8.3 Reserved.

5.8.4 Short-Term Rentals shall be permitted as a Use by Right in the following zoning Districts: C-1 Neighborhood Commercial, C-2 General Commercial District, C-3 Interstate Commercial District, FMD French Market District.

5.8.5 Declaration of Policy: This section is intended to provide standards for Short-Term Rentals to allow for a Visitor Accommodation Use for properties, which have the characteristics of providing specific limitations, which should prevent the commercial exploitation of these properties.

5.8.6 Monitoring: Short-Term Rentals shall maintain a guest register, which shall be made available for inspection by the City upon request. The guest register shall include the names and home addresses of transient guests, the transient guests' license plate numbers, dates of stay, and the unit number utilized by each transient guest.

5.8.7 Permit Application Requirements: Short-Term Rentals shall be authorized only upon completing all items included and recited within the Zoning to obtain Conditional Use Approval for this use. Individuals requesting Short-Term Rental authorization shall be required to pay an annual application fee of one-hundred dollars ($150.00); such fee is to be assessed and paid by applicant to the City of D 'Iberville, provide the name(s) of agencies (i.e., Airbnb, VRBO, HomeAway, etc.) they are affiliated with and obtain a Certificate of Occupancy. The Certificate of Occupancy, and Privilege Tax License shall not be transferred to any subsequent owner, and any change in ownership shall require new applications for all such certificates, permits, and licenses.

5.8.8 STR (Short-Term Rentals) Standards:

Nothing in this subsection shall be construed to permit any commercial or residential use not otherwise allowed by the specific district classification in which STR's are located.

Exterior signage advertising STR's shall not be permitted

All lighting shall be compatible with the residential quality of the neighborhoods of STR's.

Parking for STR's shall be provided on site at a ratio of one parking space per unit or bedroom available, whichever is greater. Parking shall be arranged in a style reflective of a residential use.

The combination of parking and all structures included as part of a STR shall occupy no more than sixty percent (60%) of the lot upon which this use is to be located.

Nothing in this section shall confer a right to offer STR where such use is prohibited by a homeowner's association agreement, by a rental agreement, or any other restrictions or covenants,

Upon accepting any STR rental application, the City of D 'Iberville may notify the State Department of Revenue, Harrison County Tax Assessor, and Hotel and Lodging Association to make them cognizant of the intention of establishing STR facility at the location offered.

STR shall be subject to annual Building and Fire inspections by the D'Iberville Fire Department, and D'Iberville Building Inspector or as required by City Ordinance.

Any violation of these STR provisions may result in the enforcement of remedies and penalties.

The penalty for operating an STR without a business license will be assessed a fine of one hundred dollars ($100) per violation per day.

(Ord. No. 175, §§ 1—8, 4-18-23; Ord. No. 196, 11-19-24)