General regulations.
(A)
Application of district regulations. The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:
(1)
No building, structure, or land shall be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
(2)
No building or other structure shall hereafter be erected or altered:
(a)
To exceed the height or bulk;
(b)
To accommodate or house a greater number of families;
(c)
To occupy a greater percentage of building site area; or
(d)
To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to provisions of this ordinance.
(3)
No part of a yard or other open space, or off-street parking or loading space required about or in connection with any structure 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)
No yard or building site existing on the effective date of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein; yards or building sites created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.
(5)
Every building or other structure hereafter erected or moved shall have provided and continuously maintained for it a separate building site as herein defined.
(6)
No building shall be erected on a lot which does not abut upon a dedicated street for at least thirty-five (35) feet.
(B)
Provisions declared to be minimum requirements. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinance, the most restrictive or that imposing the higher standards shall govern.
(C)
Official zoning map. The city is hereby divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance.
(1)
Changes in map. If, in accordance with the provisions of this ordinance and applicable state laws, changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be entered upon the official zoning map promptly upon the amendment effecting such changes being adopted.
(2)
District boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:
(a)
Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines;
(b)
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
(c)
Boundaries indicated as approximately following city limits shall be construed as following such city limits;
(d)
Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines; boundaries for submerged lands or waterbottoms which are privately owned shall coincide with and follow the boundaries contained in the legal descriptions of record in the Office of the Chancery Clerk, First Judicial District, Harrison County, Mississippi;
(e)
Boundaries indicated as parallel to or extensions of features indicated in (a) through (d) above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;
(f)
Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by (a) through (e) above, the board of adjustment shall interpret the district boundaries;
(g)
In case of a street vacation, where a district boundary is indicated as following the right-of-way line at the edge of the street, such boundary shall be construed as moving to the centerline of the street.
(D)
Government property. Property owned by the United States of America, the State of Mississippi or Harrison County, and which is not subject to the police power of the city, and property owned by the city or its urban renewal agency are hereby declared to be exempt from all regulations of this appendix. Such property is designated on the official zoning map as G.P. (government property). Transfer of such property to private ownership shall automatically subject it to the regulations of the district in which it is located.
(E)
Classification of annexed territory. All territory which may hereafter be annexed to the City of Gulfport, Mississippi, shall be automatically classified as temporary R-1 (Single-Family Residential) until otherwise changed by ordinance after a public hearing.
(F)
Central business district. The overlay area designed area designated on the official map as the central business district shall be composed of land and structures occupied by or suitable for uses furnishing the wide range of retail goods and services required by residents of the metropolitan area and of the trade area. Located at the convergence of the principal thoroughfares and highways, as well as transit lines, the central business district is the focus of commerce and administrative business activities of the trade area.
1.
The overlay district shall be exempt from requirements for building site area, building site coverage, and yard requirements in order to permit the further development of the district for its purpose in a compact and convenient arrangement of uses and structures that is highly urban in character.
2.
A parcel with a commercial use in the overlay district shall be allowed an accessory one-family dwelling unit, and multi-family housing by right as long as they are able to meet the parking requirements on the subject site, if not a parking plan must be submitted before approval.
(Ord. No. 1656, § 1, 3-20-84; Ord. No. 2048, 5-7-96; Ord. No. 2647, § 1, 10-20-09; Ord. No. 2673, § 1, 5-4-10; Ord. No. 2755, § 1, 8-7-12; Ord. No. 2870, § 1, 10-18-16)
General regulations.
(A)
Application of district regulations. The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:
(1)
No building, structure, or land shall be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
(2)
No building or other structure shall hereafter be erected or altered:
(a)
To exceed the height or bulk;
(b)
To accommodate or house a greater number of families;
(c)
To occupy a greater percentage of building site area; or
(d)
To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to provisions of this ordinance.
(3)
No part of a yard or other open space, or off-street parking or loading space required about or in connection with any structure 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)
No yard or building site existing on the effective date of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein; yards or building sites created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.
(5)
Every building or other structure hereafter erected or moved shall have provided and continuously maintained for it a separate building site as herein defined.
(6)
No building shall be erected on a lot which does not abut upon a dedicated street for at least thirty-five (35) feet.
(B)
Provisions declared to be minimum requirements. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinance, the most restrictive or that imposing the higher standards shall govern.
(C)
Official zoning map. The city is hereby divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance.
(1)
Changes in map. If, in accordance with the provisions of this ordinance and applicable state laws, changes are made in district boundaries or other matters portrayed on the official zoning map, such changes shall be entered upon the official zoning map promptly upon the amendment effecting such changes being adopted.
(2)
District boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:
(a)
Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines;
(b)
Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;
(c)
Boundaries indicated as approximately following city limits shall be construed as following such city limits;
(d)
Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such centerlines; boundaries for submerged lands or waterbottoms which are privately owned shall coincide with and follow the boundaries contained in the legal descriptions of record in the Office of the Chancery Clerk, First Judicial District, Harrison County, Mississippi;
(e)
Boundaries indicated as parallel to or extensions of features indicated in (a) through (d) above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;
(f)
Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by (a) through (e) above, the board of adjustment shall interpret the district boundaries;
(g)
In case of a street vacation, where a district boundary is indicated as following the right-of-way line at the edge of the street, such boundary shall be construed as moving to the centerline of the street.
(D)
Government property. Property owned by the United States of America, the State of Mississippi or Harrison County, and which is not subject to the police power of the city, and property owned by the city or its urban renewal agency are hereby declared to be exempt from all regulations of this appendix. Such property is designated on the official zoning map as G.P. (government property). Transfer of such property to private ownership shall automatically subject it to the regulations of the district in which it is located.
(E)
Classification of annexed territory. All territory which may hereafter be annexed to the City of Gulfport, Mississippi, shall be automatically classified as temporary R-1 (Single-Family Residential) until otherwise changed by ordinance after a public hearing.
(F)
Central business district. The overlay area designed area designated on the official map as the central business district shall be composed of land and structures occupied by or suitable for uses furnishing the wide range of retail goods and services required by residents of the metropolitan area and of the trade area. Located at the convergence of the principal thoroughfares and highways, as well as transit lines, the central business district is the focus of commerce and administrative business activities of the trade area.
1.
The overlay district shall be exempt from requirements for building site area, building site coverage, and yard requirements in order to permit the further development of the district for its purpose in a compact and convenient arrangement of uses and structures that is highly urban in character.
2.
A parcel with a commercial use in the overlay district shall be allowed an accessory one-family dwelling unit, and multi-family housing by right as long as they are able to meet the parking requirements on the subject site, if not a parking plan must be submitted before approval.
(Ord. No. 1656, § 1, 3-20-84; Ord. No. 2048, 5-7-96; Ord. No. 2647, § 1, 10-20-09; Ord. No. 2673, § 1, 5-4-10; Ord. No. 2755, § 1, 8-7-12; Ord. No. 2870, § 1, 10-18-16)