6.1.1. General intent and application. It is the intent of these requirements that adequate off street parking and loading facilities be provided for each use of land within the jurisdiction of this ordinance. These requirements shall be applied in all districts except the B-3 Heavy Commercial CBD District.

6.1.2. Size of automobile parking and storage space. For the purposes of this section, a parking or automobile storage space shall be computed on the basis of one hundred sixty (160) square feet per space, plus area required for access lanes and driveways. Such required parking or storage spaces shall mean off the right-of-way of a street or place; however, such spaces may occupy portions of required open space or yard requirements when such is approved by the planning and zoning commission.

6.1.3. Paved surface required. Parking facilities for residential, commercial and industrial uses shall have a hard surface, be properly drained to prevent ponding and shall be maintained free of trash and rubbish. Parking areas shall be kept in a state of good repair and free of potholes. Any parking area containing over ten (10) vehicles shall provide storm-water runoff data to the planning and zoning commission for its consideration and approval of the engineering department. Parking in unpaved portions of any front yard on a regular basis shall be prohibited.

6.1.4. Off street automobile parking and storage. Off street automobile parking or storage space shall be provided on every lot on which any of the uses stated in this section are hereafter established. Where space is not available on the lot, space shall be provided within four hundred (400) feet of such uses, and such space shall have vehicular access to a street or alley and shall be equal in area to at lest the minimum requirements for the specific use or uses as set forth herein:

6.1.5. Combined parking. The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that one-half of the parking space required for churches, theaters or assembly halls, whose peak attendance will be at night or on Sunday, may be assigned to a use that will be closed at nights or on Sundays.

6.1.6. Handicapped parking. There shall be a minimum of one parking space reserved for the handicapped at each establishment requiring parking (exclusive of single-family dwellings, duplexes, mobile homes, manufactured homes, and 3- and 4-family dwelling units), plus one parking space for the handicapped for each fifty (50) parking spaces required or major fraction thereof. A parking space for handicapped shall count as a required space. A handicapped parking space shall be a minimum of twenty (20) feet by fifteen (15) feet, located appropriately to the facility and with adequate access and maneuverability area, and the space shall be properly signed in a way as to be readily identified as a handicapped space.

6.1.7. Off street loading and unloading space. Every building or structure used for business, trade or industry shall provide space as indicated herein for the loading and unloading of vehicles. Such space shall have access to a public street or alley.

(1)

Retail business: Minimum of one space of five hundred (500) square feet per location plus one space of three hundred (300) square feet for each thirty thousand (30,000) square feet of floor area.

(2)

Wholesaling and industry: Minimum of one space of five hundred (500) square feet per location or one (1) space of five hundred (500) square feet for each ten thousand (10,000) square feet of floor area, whichever is the greater.

(3)

Bus and truck terminals: Sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loading or unloading at the terminal at any one time.

Any commercial building existing on the effective date of this ordinance may be reconstructed, remodeled or enlarged without increasing the existing off street parking spaces, provided such reconstruction, remodeling or enlargement does not exceed the original gross floor area. Additional off street parking must be provided for that portion of the additional gross floor area in excess of the original gross floor area in accordance with the provisions set forth in this ordinance.

Required parking spaces for any construction in the B-2 District shall be provided on any property zoned B-2 at any distance from the subject buildings, provided the planning and zoning commission determines that the spaces provided relieve downtown parking pressures.

For uses not listed herein, [required spaces shall be] as established by the Grenada Planning and Zoning Commission.

6.1.8. Calculation of required parking spaces. In the case of a combination of uses, the total requirements for off-street automobile parking spaces shall be the sum of the requirements for the various uses, unless it can be proven that staggered hours of use would permit modification.

Whenever a major fraction of a space is required, a full space shall be provided.

The term "gross floor area" used in calculating the required parking spaces shall be measured by taking the outside dimensions of the building at each floor level, except that portion of the basement used only for utilities or storage, and any areas within the building used for off-street parking.

Every such space provided shall be at least nine (9) feet wide and eighteen (18) feet long, and every space shall have direct and usable driveway access to a street or alley with ample maneuvering area between parking spaces.

Parking and maneuvering area shall be located off the street right-of-way, and facilities shall be so planned that vehicles do not back into the roadway on streets designated as major thoroughfares by the Grenada Comprehensive Plan in effect at the time the building permit application was filed.

When in its judgment the public convenience and welfare will be substantially served and the appropriate use of neighboring property will not be substantially or permanently injured, the board of adjustment may, in specific cases, permit the use of a lot or lots in a residential district, immediately adjacent to any business or industrial district, even if separated therefrom by an alley, for the parking of passenger cars and under such safeguards and conditions as the said board may require for the adequate protection of the more restricted property.

6.1.9. Landscaping. "Landscaping shall be provided and maintained for all new development, except for single family attached and detached homes. A detailed landscape plan shall be submitted for approval in all zoning districts except R-1, R-2, R-5 and R-6.

6.2.1.General description. The purpose of this section is to establish general requirements which regulate the type, location, height and size of specific signs and outdoor displays as they relate to the zoning ordinance of the City of Grenada, Mississippi. Signs and advertising displays are permitted under the following conditions:

(1)

Permitting. It shall be unlawful for any person to erect, repair, alter, relocate or keep within the City of Grenada, Mississippi any sign or other advertising structure as defined in this ordinance without first obtaining a sign permit from the Code Enforcement Officer and payment of the fee as required by this section. All illuminated signs shall, in addition, be subject to the provisions of the electrical code, and the permit fees required thereunder.

(a)

Application for initial sign permit. Application for initial sign permits shall be made upon blanks provided by the Code Enforcement Officer and shall contain or have attached thereto the following information.

1.

Name, address and telephone number of the applicant.

2.

Location of building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or erected.

3.

Position of the sign or other advertising structure in relation to nearby buildings or structures.

4.

Two (2) blueprints or ink drawings of the plans and specifications and method of construction and attachment to the building or in the ground.

5.

Name of person, firm, corporation or association erecting structure.

6.

Written consent of the owner of the building, structure or land to which or on which the structure is to be erected.

7.

Any electrical permit required and issued for said sign. Application requesting electrical permit for proposed sign must accompany sign application.

8.

Such other information as the code enforcement officer shall require to show full compliance with city ordinance.

(b)

Sign permit fees. Every applicant, before being granted a permit hereunder, shall pay to the code enforcement officer's office the following permit fee for each sign or other advertising structure regulated by this ordinance:

1.

Permit fee of fifteen dollars ($15.00) plus ten cents ($0.10) per square foot of the sign face.

(c)

Issuance of sign permit. It shall be the duty of the code enforcement officer, upon the filing of an application for an erection permit, to examine such plans and specifications and other data and the premised upon which it is proposed to erect the sign or other advertising structure, and if it shall appear that the proposed structure is in compliance with all the requirements of this ordinance and all other laws and ordinances of the City of Grenada, Mississippi, he/she shall then issue the erection permit. If the work authorized under an erection permit has not been completed within six (6) months after date of issuance, the said permit shall become null and void.

(d)

Sign permit revocable. All rights and privileges acquired under the provisions of this ordinance or any amendment thereto, are mere licenses revocable at any time by the city council of the City of Grenada, Mississippi, and all such permits shall contain this provision.

(2)

In residential districts, a sign is permitted in advertising a permitted home occupation when attached to the dwelling, not over two (2) square feet in area, but there shall be no public display of goods, and the sign shall not be illuminated. A real estate sign is permitted advertising the sale, rental or lease of the premises on which it is maintained; provided that such sign does not exceed sixteen (16) square feet in area; provided further that such signs shall be located at least five (5) feet distant from all property lines. Church or public building signs are permitted not exceeding twelve (12) square feet. Other signs, for uses permitted as an exception or on appeal in a residential district, shall be permitted only upon the written approval of the board of adjustment. The total square foot area of all such signs shall not exceed five (5) percent of the total square foot area of the face of the building.

(3)

In commercial districts, signs are permitted when displaying no advertising matter, except pertaining to the business conducted in the building or on the premises on which such sign is placed. The total square foot area of all signs shall not exceed ten (10) per cent of the total square foot area of the face of the building. Signs located within fifty (50) feet of R-1 or R-2 Residential Districts shall not exceed (15) feet in height, thirty (30) square feet in area, and one hundred (100) foot lamberts in luminance to be directed away from said residential area, or shall adhere to the commercial district regulations, whichever are more restrictive.

(a)

In commercial and industrial areas adjacent to the Interstate freestanding billboard signs are permitted subject to the approval of the planning commission provided that: No sign shall exceed four hundred (400) square feet in area and eighty (80) feet in height; not more than one sign shall be erected on any one lot or tract of land or one sign for each three hundred (300) feet of highway frontage when located at least three hundred (300) feet apart on such lot or tract of land; provided further that no sign shall be erected within fifty (50) feet of the intersection of the right-of-way lines of streets and highways.

(4)

In industrial districts, any signs are permitted provided that: No sign shall exceed two hundred (200) square feet in area; not more than one sign shall be erected on any one lot or tract of land or one sign for each three hundred (300) feet of highway frontage when located at least three hundred (300) feet apart on such lot or tract of land; provided further that no sign shall be erected within fifty (50) feet of the intersection of the right-of-way lines of streets and highways.

(5)

Temporary banner signs are permitted in certain zoning areas of the city, as designated in this ordinance, and shall conform to the following:

(a)

A permit is required before the placing of any sign. Both the owner of the sign and the person installing the sign are responsible for the permit. If any sign is placed without an approved permit or placed in an illegal location, the city shall give notice to the apparent owner of the sign to correct such violation. If the violation is not corrected by the specified time, the city shall remove the sign and hold (the same) until the fine and moving fee are paid. The permit fee for a temporary banner sign shall be fifteen dollars ($15.00). Schools, churches, non-profit organizations and community events will not be charged a permit fee, however these institutions shall adhere to all permitting requirements.

(b)

Temporary banner signs may be located only in permitted districts at a business operation and only advertise for that business and/or institution for products sold at that premises.

(c)

Temporary banner signs shall not contain animated and/or flashing lights.

(d)

Temporary banner signs shall not interfere with driver visibility of any traffic-control devise or sign or with the visibility of the street, road, thoroughfare or expressway itself. Such signs shall maintain a setback of twenty-five (25) feet from the intersection of two (2) streets.

(e)

Temporary banner signs shall not be permitted in a Residential District or Commercial B-1, B-3 and CBD Districts or Special Use Districts, except that a religious institution may place a temporary banner sign on its premises after securing a permit and provided said sign conform to the provisions of this ordinance.

(f)

The use of temporary banner signs may not exceed ten (10) days on not more than four (4) separate occasions during a twelve-month period.

(g)

Only two (2) temporary banner signs shall be permitted per premises and/or place of business.

(h)

Temporary banner signs shall not exceed twenty (20) square feet.

6.2.2. Signs or sign conditions not permitted. Following is a list of those signs and/or sign conditions which are not permitted within the City of Grenada, Mississippi:

(1)

Any sign which, by reason of size, shape, content, coloring, location or manner of illumination, interferes with driver visibility or any traffic-control devise or sign. Any sign which resembles any traffic-control or emergency device or sign which creates any traffic hazard is not allowed.

(2)

Any sign not permanently attached to the ground or to a building, such as A-frame or sandwich board, sidewalk and curb signs.

(3)

Any sign which:

(a)

Bears or contains statements, words or pictures of an obscene, pornographic, immoral character, or which contains advertising matter that is untruthful;

(b)

Emits audible sound, odor or visible matter.

(4)

Any sign with flashing, chasing, pulsating and/or oscillating lights.

(5)

Any sign or any type of advertising material (which includes political posters) written on or affixed upon any tree, bush, shrubbery, utility pole, traffic sign, fence or street marker.

(6)

Any sign placed on, in or over any private property without the written consent of the property owner, nor shall any sign be placed on, in or over any public property, including public right-of-way, without the written of the public authority having jurisdiction over the property.

(7)

Trailer/portable signs prohibited. Existing trailer/portable signs may continue to exist provided they are properly maintained, but shall not be replaced once removed or damaged beyond fifty (50) percent of its value.

(8)

Streamers.

6.2.3. Sign removal required. Following is a list of those signs and/or sign conditions which shall require sign removal within the City of Grenada, Mississippi:

(1)

All signs must be maintained in good condition from both a safety and appearance standpoint, to be determined by the city inspection department.

(2)

Any business that ceases to exist shall remove all signs.

(3)

If a building is destroyed by more than fifty (50) percent then all non-conforming signs must be removed and all new signs must be permitted.

(4)

Any sign found to be in violation of the City of Grenada's adopted building code shall be subject to removal.

(5)

The penalty for non-compliance regarding the requirements of this ordinance shall a fine of fifty dollars ($50.00) per incident per day to the owner and/or the tenant.

6.3.1. General description. It shall be unlawful to deposit, store, keep or maintain or to permit to be deposited, stored, kept or maintained junk or trash in or on any lot, parcel or tract of land or body of water in any zoning district, except within a legally established junkyard or in a usual location for waste collection. Junk and salvage yards are allowed in I-2 Heavy Industrial districts (see section 4.12.2).

6.3.2. Requirements. No junkyard shall be established or enlarged without a permit from the city, and the permit shall not be issued unless the same has been approved by the planning and zoning commission, after public hearing.

(1)

Junkyards may be surrounded by a solid wall, with a minimum height of eight (8) feet, and this wall shall be of concrete block construction and painted and maintained in order to present a good appearance. In lieu of a wall of concrete block construction, a cyclone-wire type fence with top rail and a minimum height of eight (8) feet may be substituted, such wire fence to be interwoven with wooden, metal or plastic strips to create a solid screening site barrier.

(2)

Whether a wall of concrete block construction or interwoven cyclone-wire fence is used, all gates shall be of the cyclone-wire type, interwoven with wooden, metal or plastic slats in order to screen the interior of the yard when the gates are closed.

(3)

There is a minimum height requirement of eight (8) feet. However, the fence or wall height shall be sufficient enough to conceal from public view any and all of the contents stored within the fenced area.

(4)

All components of the fence or wall and gates shall be maintained in good order so as to preserve the visual amenities of the landscape, and not become aesthetically displeasing.

6.3.3. Determination of junk. When evaluating property to make a determination as to whether articles deposited in any location other than a legally established junkyard constitute junk or trash, the zoning administrator shall consider the following:

(1)

Whether the article has only nominal salvage value;

(2)

Whether the article is not in sufficient repair to perform its intended function;

(3)

Whether the article is derelict and has been left unprotected as evidenced by growth of vegetation about the article, direct exposure to the elements, positioning of the article in other than an upright or operable manner, or vandalism. With respect to a motor vehicle, evidence under this subsection shall include removed or flat tires, partial or complete dismantling of parts, broken glass, missing major parts such as lights, doors, hoods or motor parts essential for the lawful, safe operation of the vehicle or other signs of deterioration;

(4)

Whether the article lacks a current license tag, and/or decal and/or registration; and

(5)

The length of time the article has remained in its present location and position.

Junk property which would be visible, at ground level, from a street or other public or private property but for the concealment of such junk property behind a wall, fence, hedge or other plant material or by the use of plastics, fabrics or other materials to form a tent, curtain partition or similar makeshift structure of device, shall be subject to the same restriction that is applicable to junk property that is visible.

6.4.1. Definitions. For the purposes of this ordinance the following definitions shall apply:

(1)

Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking, serving and non-consumption of food.

(2)

Noxious plant means any plant capable of poisoning, including but not limited to poison ivy, at any height or state of maturity.

(3)

Premises means any public or private property, vacant or occupied lot, plot, parcel of land, street, sidewalk, alley, boulevard, highway, right-of-way, park, parkway, public square or viaduct, including the structures or buildings thereon.

(4)

Rank weeds means thickets or any vegetation which may emit noxious odors or any vegetation which is twelve (12) inches or more in height, including but not limited to grasses and unattended growths of other plants, bushes and shrubbery. Rank weeds shall not mean trees in excess of six (6) feet in height, cultivated or attended trees less than six feet in height, or cultivated or attended plants, bushes or shrubbery.

(5)

Refuse means unwanted or discarded waste materials in a solid or semisolid state consisting of garbage or rubbish or a combination thereof.

(6)

Rubbish means solid wastes consisting of combustible and noncombustible waste materials from residential, commercial, industrial, and institutional establishments, including yard wastes and items commonly referred to as trash.

(7)

Vehicle means any automobile including cars, trucks, vans, buses, motor homes, tractors, cycles, recreational vehicles, travel trailers, and all other trailers, whether motorized or automobile-drawn.

6.4.2. Enumeration of nuisances. The following are hereby declared to constitute nuisances:

(1)

Substances emitting noxious or toxic odor, dust, etc. All substances that emit, generate or cause noxious or toxic odor, dust, vapor, fume or mist in the neighborhood where they exist.

(2)

Carcasses of animals. All carcasses of animals remaining exposed twelve (12) hours after death.

(3)

Establishments or structures emitting noxious or toxic odors, dust, etc. All establishments or structures that emit, generate or cause any hazardous, noxious or toxic dust, vapor, fume, mist, odor or condition.

(4)

Wastewater. All foul, dirty or polluted water or liquid deposited or allowed to remain upon any premises, except for noncommercial washing of private automobiles.

(5)

Litter, trash, refuse or rubbish on public or private property. All filth, excrement, boards, sawdust, wood or metal shavings, rubber, old tires, discarded plastic containers or wrappers, coal, gasoline, paint, lumber scraps, boxes, barrels, kegs, creates, cans, bottles, cartons, paper, trash, rubbish, brush, logs, broken ware, rags, iron or other metal, old wearing apparel, refuse, debris, vehicle parts, broken concrete, slag, garbage, offal, putrid fish, meat entrails, wastewater, dead animals, broken glass, tacks, nails, wire, or any other unwanted or discarded substance or thing thrown, cast, dropped, blown, spilled, poured, discharged, swept, left or deposited by anyone in or upon any premises, except when any of these items are allowed and used in a licensed recycling or salvage facility holding a valid permit under the Zoning Ordinance of Grenada, Mississippi.

(6)

Malfunctioning private sewage disposal systems. All malfunctioning private sewage disposal systems which allow polluted, raw or partially treated wastewater or effluent to be deposited or stand upon any premises. When any private sewage disposal system has been determined to be malfunctioning, the owner of the subject premises will be ordered to make connection to the public sewer if available.

(7)

Wrecked, damaged, demolished, disabled, disassembled or currently unlicensed vehicles.

(a)

Any wrecked, damaged, demolished, disassembled or disabled vehicle left or permitted to remain upon any portion of the premises other than within a private garage, except when a license for salvaging vehicles has been issued for the property where the vehicles are located and the salvage vehicles are being stored properly pursuant to other applicable provisions of the Zoning Ordinance of Grenada, Mississippi. Evidence under this subsection for determining whether a vehicle is disabled shall include removed or flat tires, partial or complete dismantling or removal of parts, broken glass, missing major parts such as lights, doors, trunk covers, hoods, or motor parts essential for the lawful, safe operation of the vehicle, or other signs of substantial deterioration. Further evidence shall include growth of vegetation about the vehicle, the positioning of the vehicle in other than an upright or operable manner, and vandalism.

(b)

Any motor vehicle without a state license plate that is current, and that is parked, stored or otherwise located on any premises other than within a private garage, unless the vehicle is not required to have current state license plates under state law.

(8)

Off-street parking of vehicles. The off-street parking of vehicles other than on a parking space.

(9)

Hazardous trees. A live or dead tree which constitutes a hazard to the safety of persons or of property, private or public.

(10)

Rank weeds and noxious plants. Rank weeds and noxious plants allowed to stand at any season of the year upon any lot, tract or parcel of land, or unpaved alley, or along the sidewalk, street or paved alley adjacent to such lot, tract or parcel of land.

(11)

Open storage upon residential premises. Any portion of residential premises maintained in an unclean manner or used for the open storage of items or materials other than yard furniture, neatly stacked firewood, garden or yard tools, toys, or temporarily stored usable building materials.

6.4.3. Permitting, causing or maintaining nuisance prohibited.

(1)

It shall be unlawful for any owner or occupant of any lot, tract or parcel of land, or owner of a vehicle, to cause or permit any nuisance as defined in section 6.4.2. to be created or remain upon such premises in any zoning district; and it shall be the duty of such owner or occupant to abate and remove any such nuisance from such premises.

(2)

No owner or occupant shall permit, cause, keep, maintain or do any nuisance, as defined by the laws of the state or ordinances of the city, or cause to be committed, caused kept, maintained or done any such nuisance, within any zoning district of the city.

(3)

No owner or occupant of any house, building, lot or premises shall cause or allow any nuisance to be or remain in or upon any such house, building, lot or premises in any zoning district.

(1)

Purpose. The bufferyard and screening provisions are included in this chapter to improve the physical appearance of the community; to improve the environmental performance of new development by contributing to the abatement of heat, glare, or noise and by promoting natural percolation of storm water and improvement of air quality; to buffer potentially incompatible land uses from one another; and to conserve the value of property and neighborhoods with the city.

(2)

Applicability. The provisions of this article shall apply to all new development on each lot, site, or common development upon application for a building permit, except for the following:

(a)

Reconstruction or replacement of a lawfully existing use or structure following casualty loss.

(b)

Remodeling, rehabilitation, or improvements to existing uses or structures which do not substantially change the location of structures or the location and design of parking facilities or other site improvements.

(c)

Additions or enlargements of existing uses or structures, except surface parking, which increase floor area or impervious coverage by less than twenty (20) percent. Where such additions or enlargements are twenty (20) percent or greater, these provisions shall apply only to that portion of the lot, site, or common development where the new development occurs.

(3)

Conflicts. Any conflict between this section and another chapter of this chapter shall be resolved in favor of the more restrictive provision.

(4)

Definitions. The following definitions shall be used for terms contained within this article:

(a)

Bufferyard: A landscaped area provided to separate and partially obstruct the view of two (2) adjacent land uses or properties from one another.

(b)

Landscaped area: That area within the boundaries of a given lot consisting primarily of plant material, including, but not limited to, grass, trees, shrubs, flowers, vines, groundcover, and other organic plant materials. Inorganic materials, such as brick, stone, or aggregate, may be used within landscaped areas, provided that such material comprises no more than thirty-five (35) percent of the area of the required landscaped area. Flat concrete or asphalt, other than walkways five (5) feet or less in width, may not be used within a required landscaped area.

(c)

Tree: A woody plant having at least one (1) well-defined trunk or stem and a more or less definitely formed crown, usually attaining a mature height of at least eight (8) feet.

(5)

General standards.

(a)

Location and design: Bufferyards shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line. Buffers shall not be located on any portion of an existing, dedicated, or reserved public or private street or right-of-way.

The bufferyard is normally calculated as parallel to the property line. However, the zoning administrator may permit design variations in the bufferyard; but, in no case, shall the average depth of the bufferyard be less than that required of this article. Average depth shall be measured at the two end points of the buffer and two additional points that are approximately one-third (1/3) of the total linear distance from the end point. At his/her sole discretion, the zoning administrator may determine that these measuring points do not represent a fair approximation of the average depth of the buffer, and he/she may include additional measuring points to provide a more definitive approximation of the average depth of a proposed bufferyard.

Where a required drainage, utility, or other easement is partially or wholly within a required bufferyard, the developer shall design the buffer to minimize plantings within the required easement. The zoning administrator, the planning commission, and the governing authority may require additional bufferyard area or additional plantings of the developer in such instances to ensure that the screening purpose of the bufferyard is maintained.

(b)

Use of bufferyards. A bufferyard may be used for some forms of passive recreation. It may contain pedestrian, bike, or equestrian trails, provided that:

1.

No required plant material is eliminated.

2.

The total depth/width of the bufferyard is maintained.

3.

All other regulations of this chapter are met.

In no event, however, shall the following uses be allowed in bufferyards: accessory buildings, sheds, garages, playfields, stables, swimming pools, tennis courts, or similar active recreation uses.

(c)

Ownership of Buffers: Bufferyards may remain in the ownership of the original owner/developer (and assigns) of a developing property. Bufferyards may be subjected to deed restrictions and subsequently be freely conveyed. They may be transferred to any consenting grantees, such as owners associations, adjoining land owners, a park district, the city, or any conservation group, provided that any such conveyance adequately guarantees the protection of the bufferyard for the purposes of this article.

(6)

Determination of bufferyard requirements. To determine the type of bufferyard required between two (2) adjacent parcels, the following procedure shall be followed:

(a)

Identify the zoning classification of the proposed development by referring to the chart entitled "Bufferyard Requirements." Appropriate classification for land uses within planned unit developments shall be made according to the type and densities of land uses that most nearly correspond with the table designation.

(b)

Identify the zoning classification and status of development (undeveloped vs. platted and/or developed) of each adjoining property, including properties located across an intervening street, by referring to the chart.

(c)

Determine the bufferyards requirements for those, side, rear, and front lines or portion thereof on the subject development parcel by referring to Table 1 in this section and the additional requirements of this section. Existing plant material may be counted as contributing to the total bufferyard requirement. The bufferyards specified are to be provided on each lot or parcel independent of adjoining uses or adjoining bufferyards.

(d)

When a development parcel is proposed adjacent to vacant, unplatted/unsubdivided land, the following provisions shall apply:

1.

The owners of the affected properties may submit a contractual agreement (which becomes a deed restriction on both properties) whereby the bufferyard for the development parcel is reduced or waived, provided that the owner of the development parcel agrees to develop, at no greater intensity than as shown on his approved site/subdivision plan; and if any additional bufferyard is required by this article at a future date, it will be provided on the vacant land; or

2.

The required bufferyard for the development parcel, derived by using the existing zoning of the undeveloped tract, shall be equal to one-half of the minimum width prescribed in the chart entitled "Bufferyard Requirements" of this chapter, or ten (10) feet in width, whichever is the greater. However, any development parcel proposed for non- residential use, which lies contiguous to a tract of undeveloped/subdivided land zoned for residential use or is designated as "Residential Low Density," "Residential Medium Density," or "Residential High Density" on the approved Land Use Map of Grenada, shall be required to fulfill the bufferyard requirements of this article utilizing the existing zoning on the undeveloped tract as the determinant of the bufferyard requirement.

(e)

Should a developed parcel increase in intensity or zoning classification from a given zoning district to a more intense zoning district (e.g., from R-20 to R-12, from C-1 to C-3), the planning commission shall, during the site plan or subdivision review process, determine if additional bufferyard is needed and, if so, to what extent and type.

(7)

Additional bufferyard provisions: In addition to the requirements provided in this section, the following bufferyard provisions shall apply to proposed development parcels. In general, the owner, developer, or operator of a proposed use within a development parcel shall install and maintain a landscaped bufferyard on his/her lot, site, or common development, as set forth in this section.

(a)

Parcels with intervening major street: When an arterial or collector street separates adjacent development parcels requiring a bufferyard, the required bufferyard shall be the greater of one-half (½) of the required bufferyard set forth in Table 1 of this article or fifteen (15) feet.

(b)

Parcels with intervening local street: When a local street or any other public right-of-way separates adjacent development parcels requiring a bufferyard, the required bufferyard shall be the greater of two-thirds of the required bufferyard set forth in the chart on bufferyards of this article, or ten (10) feet.

(c)

Railroad right-of-way: Any lot or site which is adjacent to an active railroad right-of-way shall be exempt from any bufferyard requirement along the common property line with such right-of-way.

(d)

Lot size compatibility provision: For any residential development parcel, including parcels located in a Residential Overlay District, along a common property line of an adjacent developed and/or platted residential use, the following provisions may be applied in lieu of the requirements of Table 1 of this article:

1.

No bufferyard shall be required if the average lot size of a development parcel's contiguous lots is equal to or exceeds the average lot size of an adjacent, developed, residential use (measured by averaging the lot sizes of platted lots contiguous to the proposed development parcel).

2.

The required bufferyard shall be reduced to ten (10) feet, if the average lot size of a development parcel's contiguous lots is equal to or exceeds eighty (80) percent of the average lot size of an adjacent, developed residential use (measured by averaging the lot sizes of platted lots contiguous to the proposed development parcel).

(e)

Bufferyards for Residential Overlay Districts: Subject to the provisions of section 16, paragraph 6, item d. of this article [sic], for all proposed residential overlay districts, the required bufferyard along a common property line shall be the greater of one and one-half (½) times the required width in Table 1 (utilizing the adjacent tract's zoning as the determinant) or twenty (20) feet.

(f)

On any lot or development parcel platted before December 4, 1995, which requires the provision of a bufferyard and has a dimension perpendicular to such bufferyard of less than two hundred (200) feet, such bufferyard may be reduced to no less than twenty-five (25) percent of the applicable dimension. The landscaped area screening standards of this section shall apply to any lot or parcel using this bufferyard reduction provision.

(g)

Table of Bufferyard Requirements. The following table shall be used to determine the bufferyard requirements of a development parcel which is adjacent to a developed and/or platted property, site, or common development.

(h)

Transitional Bufferyard Landscaped Area and Minimum Width Regulations

1.

General design standards. The following general provisions shall apply to the design and construction of transitional bufferyards as defined herein:

a.

The layout, design, and arrangement of the prescribed numbers andtypes of landscape.

b.

In those bufferyards which require the construction of a berm, wall, or similar opaque barrier, the following provisions shall apply:

An opaque barrier, at the height prescribed in the specific bufferyard design type standards in this section, shall be provided which visually screens the potentially offensive development parcel uses from the adjacent properties as follows:

(i)

A masonry wall, a minimum of three (3) feet in height, of a design approved by the zoning administrator.

(ii)

A hedge-like screen or a random or informal screen plantings of broadleaf evergreen shrubs or approved deciduous plant material, capable of providing a substantially opaque barrier and attaining a minimum height of four (4) feet within three (3) years of planting. Hedges shall be planted initially at minimum intervals and sizes to adequately provide a substantially opaque barrier within two (2) years of planting.

(iii)

A landscaped earth berm with a maximum slope of 3:1, rising no less than two and one-half (2.5) feet above the existing grade at the lot line separating the development parcel from adjacent properties. Landscape materials to be included on the berm are identified in this section.

(iv)

Any combination of these methods that achieves the cumulative minimum height prescribed in each bufferyard type.

(i)

Transitional bufferyard design types: Transitional bufferyards of the following types shall be provided in the situations as identified by the entries in Table 1 of this section:

1.

Bufferyard Type "10": Transitional bufferyard Type 10 shall consist of a strip of landscaped area, a minimum of ten (10) feet wide, landscaped as follows:

a.

Residential bufferyards: One (1) medium evergreen tree (ultimate height twenty (20)—forty (40) feet) for every fifteen (15) feet planted on triangular staggered spacing, plus one (1) large deciduous tree (ultimate height 50) feet) for every sixty (60) linear feet measured along the common property line.

b.

Commercial bufferyard: One (1) large deciduous tree (ultimate height 50 feet) for every sixty (60) linear feet, PLUS a group of two (2) small deciduous or ornamental trees (spaced at 30 feet on centers) for every sixty (60) linear feet (planted) between the large deciduous trees.

2.

Bufferyard Type "15": Transitional bufferyard Type 15 shall consist of a strip of landscaped area, a minimum of fifteen (15) feet wide, landscaped as follows:

a.

Residential bufferyards: One (1) medium evergreen tree (ultimate height twenty (20)—forty (40) feet) for every fifteen (15) feet planted on triangular staggered spacing, plus one large deciduous tree (ultimate height 50 feet) for every sixty (60) linear feet measured along the common property line.

b.

Commercial bufferyard: One (1) large deciduous tree (ultimate height fifty (50) feet) for every sixty (60) linear feet, plus a group of two (2) small deciduous or ornamental trees (spaced at thirty (30) feet on centers) for every sixty (60) linear feet (planted) between the large deciduous trees.

3.

Bufferyard Type "20": Transitional bufferyard Type 20 shall consist of a strip of landscaped area, a minimum of twenty (20) feet wide, landscaped as follows: one large deciduous tree (ultimate height 50 feet) for every seventy-five (75) linear feet, PLUS a group of three (3) medium evergreen trees (planted on fifteen (15) feet triangular staggered spacing) and one small deciduous or ornamental tree (planted fifteen (15) feet from evergreens) for every seventy-five (75) linear feet.

4.

Bufferyard Type "25": Transitional bufferyard Type 25 shall consist of a strip of landscaped area, a minimum of twenty-five (25) feet wide, landscaped as follows: an opaque barrier shall be installed within the bufferyard, in accordance with the requirements of paragraph (h), item 1, of this section, to a minimum height of six (6) feet, plus one (1) large deciduous tree (ultimate height 50 feet) for every sixty (60) linear feet, PLUS a group of two (2) small deciduous or ornamental trees (spaced 30 feet on center) for every sixty (60) linear feet measured along the opaque barrier. The landscape materials shall be planted on the side of the opaque barrier which abuts the less intense zoning district or development.

5.

Bufferyard Type "30": Transitional bufferyard Type 30 shall consist of a strip of landscaped area, a minimum of thirty (30) feet wide, landscaped as follows: an opaque barrier shall be installed within the bufferyard, in accordance with the requirements of paragraph (h), item 1, of this section, to a minimum height of six (6) feet, plus one medium evergreen tree (ultimate height twenty (20)—forty (40) feet) for every fifteen (15) feet planted on triangular staggered spacing, plus one large deciduous tree (ultimate height 50 feet) for every sixty (60) linear feet measured along the opaque barrier. The landscape materials shall be planted on the side of the opaque barrier which abuts the less intense zoning district or development.

6.

Bufferyard Type "35": Transitional bufferyard type 35 shall consist of a strip of landscaped area, a minimum of thirty-five (35) feet wide, landscaped as follows: an opaque barrier shall be installed within the bufferyard, in accordance with the requirements of Paragraph (h), item 1, of this section, to a minimum height of six (6) feet, plus one (1) medium evergreen tree (ultimate height twenty (20)—forty (40) feet) for every fifteen (15) feet planted on triangular staggered spacing, PLUS one small deciduous or ornamental tree for every eighty (80) linear feet, PLUS one large deciduous tree (ultimate height 50 feet) for every eighty (80) linear feet measured along the opaque barrier. The landscape materials shall be planted on the side of the opaque barrier, which abuts the less intense zoning district or development.

7.

Bufferyard Type "40": Transitional bufferyard Type 40 shall consist of a strip of landscaped area, a minimum of forty (40) feet wide, landscaped as follows: an opaque barrier shall be installed within the bufferyard, in accordance with the requirements of Paragraph (h), item 1, of this section, to a minimum height of ten (10) feet, plus one (1) medium evergreen tree (ultimate height twenty (20)—forty (40) feet) for every fifteen (15) feet planted on triangular staggered spacing, plus one (1) small deciduous or ornamental tree for every eighty (80) linear feet, plus one (1) large deciduous tree (ultimate height 50 feet) for every eighty (80) linear feet measured along the opaque barrier. The landscape materials shall be planted on the side of the opaque barrier which abuts the less intense zoning district or development.

8.

Bufferyard Type "50": Transitional bufferyard Type 50 shall consist of a strip of landscaped area, a minimum of fifty (50) feet wide, landscaped as follows: an opaque barrier shall be installed within the bufferyard, in accordance with the requirements of Paragraph (h), item 1, of this section, to a minimum height of ten (10) feet, plus one (1) medium evergreen tree (ultimate height twenty (20)—forty (40) feet) for every ten (10) feet planted on triangular staggered spacing, PLUS one small deciduous or ornamental tree for every eighty (80) linear feet, PLUS one large deciduous tree (ultimate height 50 feet) for every eighty (80) linear feet measured along the opaque barrier. The landscape materials shall be planted on the side of the opaque barrier which abuts the less intense zoning district or development.

(j)

Additional bufferyard provisions. The following additional provisions shall apply to the design standards for required bufferyard landscaping:

1.

Preservation of healthy existing tree vegetation within a required bufferyard is strongly encouraged. Preservation of each healthy existing tree, of species and size (at least four and one-half inches caliper) approved by the zoning administrator, shall count as one tree towards the fulfillment of the landscape requirements of this section.

2.

A development parcel may continue to comply with the bufferyard and screening requirements in effect at the time of issuance of its initial building permit, regardless of whether an adjacent lot, site, or common development is rezoned to a less intense district which requires additional bufferyards or screening.

(k)

Performance bonding.

1.

If, at the time of an application for a certificate of occupancy, any required landscaping has not been installed, the developer or owner of a development parcel must submit surety (by bond, certificate of deposit), letter of credit, or other security approved in writing by the city attorney) satisfactory to the city, in the amount of the value of a bona fide contract to install such landscaping, times 1.15 percent. Such a contract must be reviewed and approved by the permits and inspections division.

2.

The developer or owner shall grant the city permission to enter upon the land to install required landscaping if this has not been done within twelve (12) months of the effective date of the certificate of occupancy.

3.

The city shall release any bond or other arrangement immediately when the permits and inspections division verifies that required landscaping has been installed.

TABLE 6.5
BUFFERYARD REQUIREMENTS

*No bufferyard required.

Note: Bufferyard requirements stated above are in terms of the average width of the bufferyard along a common boundary of an adjacent development and/or platted property. Consult all other paragraphs of this section for additional bufferyard provisions and landscape screening requirements of the bufferyard.

6.6.1. Any building not covered by the building code (less than four hundred (400) square feet) shall be placed to the rear of the main structure and shall observe the same setback as the district in which it is located.

6.6.2. Accessory buildings shall be used for storage purposes only.

6.6.3. Buildings closer than ten (10) feet to the main building shall be considered a part of the main building and be governed by the applicable building code.

6.6.4. Manufactured or prefabricated buildings are permitted in commercial zones for temporary purposes only (nine (9) months) and in conjunction with construction of a permanent structure.