(A)

General provisions.

(1)

Creation of districts. For the purpose of this ordinance, the city is divided into the following districts:

(2)

District and other regulations. The regulations relating to each type of district are set out in this section. Additional use, area, height, yard and other regulations applicable to particular or special situations are set out in Section IV. Supplementary Regulations. Other regulations applicable to particular uses or classes of uses are set out in other sections of the ordinance.

(B)

Agricultural districts.

(1)

A-1 districts: Agricultural districts. This district is mainly composed of areas for low-density residential and agricultural and horticultural uses. The rural development characteristics and low density of population in this district requires only that uses essential to agriculture and horticulture have a reasonable setback of buildings from dedicated streets and/or highways. It is the purpose of this district to encourage and protect such uses from urbanization until such is warranted by development pressure and an appropriate change in district classification is made. When agricultural uses include the raising of livestock, exclusive of swine and fowl, the number of animals shall be limited to no more than one domestic animal unit for each twenty thousand (20,000) square feet of lot area. When the lot area is less than ten (10) acres and abuts any established residential or commercial district, no structures or fenced areas in which animals are kept shall be located closer than one hundred (100) feet to the abutting residential or commercial property.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. Except as provided in section IV, the minimum building site area shall be:

For a one-family dwelling—three (3) acres.

For a mobile home/manufactured home on an individual lot—three (3) acres.

(c)

Building site coverage. The maximum site coverage by all buildings shall be ten (10) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed three (3) stories or thirty-five (35) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—50 feet.

Side yard—25 feet.

Rear yard—25 feet.

(The regulations in T1 and T2 districts generally conform to the requirements of the A-1 district unless otherwise specified.)

(2)

T1 districts: Natural Zone: Consists of land approximating wilderness conditions, conservation areas including land generally unsuitable for development due to wetlands, flood hazard or other criteria.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. Except as provided in section IV, the minimum building site area shall be:

For one-family dwelling—12 acres

For a mobile/manufactured home on an individual lot—12 acres

For any other permitted uses—12 acres

(c)

Building site coverage. The maximum building site coverage by all buildings shall be ten (10) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed thirty-five (35) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—48 feet

Side yard—96 feet

On 2nd frontage—96 feet

Rear yard—96 feet

T-2 districts: Rural Zone: Areas intended for preservation, including open land that may be cultivated or sparsely settled. One residence per 10 acres is allowed with planning commission approval.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. Except as provided in section IV, the minimum building site area shall be:

For one-family dwelling—3 acres

For a mobile/manufactured home on an individual lot—3 acres

For any other permitted uses—3 acres

(c)

Building site coverage. The maximum building site coverage by all buildings shall be ten (10) per cent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed thirty-five (35) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—48 feet

Side yard—35 feet

On 2nd frontage—35 feet

Rear yard—35 feet

(C)

Residence districts.

(1)

R-E districts: Residence estate (suburban) district. These districts are composed mainly of areas containing one-family dwellings and open area where such development seems likely to occur. The district regulations are designed to protect the residential character of the districts by prohibiting all commercial activities; to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools and churches; to prevent overcrowding of the land by requiring certain minimum yard and other open spaces for all buildings; and to avoid excessive population density by requiring a minimum building site area for each dwelling unit.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. Except as provided in section IV, the minimum building site area shall be:

For a one-family dwelling—one acre.

For a mobile home/manufactured home on an individual lot—one acre.

(c)

Building site coverage. The maximum site coverage by all buildings shall be twenty-five (25) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed three (3) stories or thirty-five (35) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—45 feet.

Side yard—25 feet.

Rear yard—25 feet.

(1.5)

R-UE districts: Urban residence estate districts. These districts are composed mainly of areas containing one-family dwellings and open area where such development seems likely to occur. The district regulations are designed to protect the residential character of the districts by prohibiting all commercial activities; to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools and churches; to prevent overcrowding of the land by requiring certain minimum yard and other open spaces for all buildings; and to avoid excessive population density by requiring a certain minimum building site area for each dwelling unit.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. Except as provided in section IV, the minimum building site area shall be:

For a one-family dwelling—22,000 square feet.

For any other permitted uses—25,000 square feet.

(c)

Building site coverage. The maximum building site coverage by all buildings shall be forty-five (45) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed three (3) stories or thirty-five (35) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—25 feet.

Side yard—8 feet.

Rear yard—8 feet.

(2)

R-1-15 districts: Single-family residence districts. These districts are composed mainly of areas containing one-family dwellings and open area where such development seems likely to occur. The district regulations are designed to protect the residential character of the districts by prohibiting all commercial activities; to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools and churches; to prevent overcrowding of the land by requiring certain minimum yard and other open spaces for all buildings; and to avoid excessive population density by requiring a certain minimum building site area for each dwelling unit.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. Except as provided in section IV, the minimum building site area shall be:

For a one-family dwelling—15,000 square feet.

For any other permitted use—17,500 square feet.

(c)

Building site coverage. The maximum site coverage by all buildings shall be forty-five (45) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed three (3) stories or a thirty-five (35) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—25 feet.

Side yard—15 feet.

Rear yard—15 feet.

(3)

R-1-10 districts: Single-family residence districts. These districts are composed mainly of areas containing one-family and open area where such development seems likely to occur. The district regulations are designed to protect the residential character of the districts by prohibiting all commercial activities; to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools and churches; to prevent overcrowding of the land by requiring certain minimum yard and other open spaces for all buildings; and to avoid excessive population density by requiring a certain minimum building site area for each dwelling unit.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. Except as provided in section IV, the minimum building site area shall be:

For a one-family dwelling—10,000 square feet.

For any other permitted use—12,000 square feet.

(c)

Building site coverage. The maximum site coverage by all buildings shall be forty-five (45) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed three (3) stories or thirty-five (35) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—25 feet.

Side yard—8 feet.

Rear yard—8 feet.

(4)

R-1-7.5 districts: Single-family residence districts. These districts are composed mainly of areas containing one-family and open areas where such development seems likely to occur. The district regulations are designed to protect the residential character of the districts by prohibiting all commercial activities; to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools and churches; to prevent overcrowding of the land by requiring certain minimum yard and other open spaces for all buildings; and to avoid excessive population density by requiring a certain minimum building site area for each dwelling unit.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. Except as provided in section IV, the minimum building site area shall be:

For a one-family dwelling—7,500 square feet.

For any other permitted uses—10,000 square feet.

(c)

Building site coverage. The maximum building site coverage by all buildings shall be forty-five (45) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed thirty-five (35) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—25 feet.

Side yard—8 feet.

Rear yard—8 feet.

(5)

R-1-5 districts: single-family residence districts. These districts are composed mainly of areas containing single-family, two-family dwellings and open area where such development seems likely to occur. The district regulations are designed to protect the residential character of the districts by prohibiting all commercial activities; to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools, parks and churches; to prevent overcrowding of the land by requiring certain minimum yard and other open spaces for all buildings; and to avoid excessive population density by requiring a certain minimum building site area for each dwelling unit. The front yard setback range of fifteen (15) feet to twenty-five (25) feet will allow development and placement of dwellings, to be in harmony with the charter of the neighborhood, in which it resides.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. Except as provided in section IV, the minimum building site area shall be:

For a one-family dwelling—Five thousand (5,000) square feet.

For a two-family dwelling—Seven thousand five hundred (7,500) square feet (three thousand seven hundred fifty (3,750) square feet per unit).

For any other permitted use—Ten thousand (10,000) square feet.

(c)

Building site coverage. The maximum site coverage by all buildings shall be forty-five (45) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed three (3) stories or thirty-five (35) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Side yard—6 feet.

Rear yard—8 feet.

Front yard—15 feet.

(6)

R-2 districts: Single-family residence districts. These districts are composed mainly of areas containing one-family, two-family and multiple-family dwellings and open area where such development seems likely to occur. The district regulations are designed to protect the residential character of the districts by prohibiting all commercial activities; to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools and churches; to prevent overcrowding of the land by requiring certain minimum yard and other spaces for all buildings; and to avoid excessive population density by requiring a certain minimum building site area for each dwelling unit.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. Except as provided in section IV, the minimum building site area shall be:

For a one-family dwelling—7,500 square feet.

For a two-family dwelling—8,000 square feet.

For a multiple-family dwelling:

First two (2) dwelling units—8,000 square feet.

Each additional dwelling unit—1,500 square feet.

For any other permitted use—10,000 square feet.

(c)

Building site coverage. The maximum building site coverage by all buildings shall be forty-five (45) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed thirty-five (35) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—25 feet.

Side yard—8 feet.

Rear yard—8 feet.

(7)

R-3 district: Multifamily residence districts. These districts are composed mainly of areas containing multiple-family dwellings and open area where such development seems likely to occur in the future. The district regulations are designed to protect the residential character of the districts by prohibiting all commercial activities; to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools, parks and churches; to prevent overcrowding of the land by requiring certain minimum yard and other open spaces for all buildings; and to avoid excessive population density by requiring a certain minimum building site area for each dwelling unit.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. Except as provided in section IV, the minimum building site area shall be:

For a one-family dwelling—7,500 square feet.

For a two-family dwelling—8,000 square feet (4,000 square feet per unit).

For multiple-family dwellings—A maximum of twelve (12) units per acre (3,630 square feet per unit).

For any other permitted use—10,000 square feet.

(c)

Building site coverage. The maximum site coverage by all buildings shall be forty-five (45) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed three (3) stories or thirty-five (35) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—25 feet.

Side yard—8 feet.

Rear yard—8 feet.

(8)

R-4 districts: Multifamily residence districts. These districts are composed mainly of areas containing multiple-family dwellings and open area where such development seems likely to occur in the future. The district regulations are designed to protect the residential character of the districts by prohibiting all commercial activities; to encourage a suitable neighborhood environment for family life by including among the permitted uses such facilities as schools, parks and churches; to prevent overcrowding of the land by requiring certain minimum yard and other open spaces for all buildings; and to avoid excessive population density by requiring a certain minimum building site area for each dwelling unit.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. Except as provided in section IV, the minimum building site area shall be:

For a one-family dwelling—7,500 square feet.

For a two-family dwelling—8,000 square feet (4,000 square feet per unit).

For multiple-family dwellings—A maximum of eighteen (18) units per acre (2,420 square feet per unit).

For any other permitted use—10,000 square feet.

(c)

Building site coverage. The maximum site coverage by all buildings shall be forty-five (45) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed three (3) stories or thirty-five (35) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—25 feet.

Side yard—8 feet.

Rear yard—8 feet.

(9)

R-O districts: Residence-office districts. These districts are composed of areas containing or suitable for a mixture of residential uses and light commercial uses such as offices, studios and small shops. The district regulations are designed to encourage further appropriate development by limiting the permitted uses to dwellings and uses of a public, semipublic or light commercial nature and to protect the abutting and surrounding residential areas by requiring certain minimum yard, area and other standards to be met, standards that are comparable to those called for in residence districts.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. Except as provided in section IV, the minimum building site area shall be:

For a one-family dwelling—7,500 square feet.

For a two-family dwelling—8,000 square feet.

For a multiple-family dwelling:

First two (2) dwelling units—8,000 square feet.

Each additional dwelling unit—1,500 square feet.

For any other permitted use—10,000 square feet.

(c)

Building site coverage. The maximum building site coverage by all buildings shall be forty-five (45) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed thirty-five (35) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—25 feet.

Side yard—8 feet.

Rear yard—8 feet.

(10)

R-B districts: Residence-business districts. These districts are composed of areas containing a mixture of residential, public and semipublic, and light commercial uses. Although usually located between residential areas and business areas, these districts are, in some instances, freestanding and may include hotel, hospital, or similar building groups and related uses or land suitable for such uses. The district regulations are designed to encourage further appropriate development by limiting the permitted uses to dwellings and uses of a public, semipublic or light commercial nature and to protect the abutting and surrounding residential areas by requiring certain minimum yard, area and other standards to be met, standards that are comparable to those called for in the residence district.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. Except as provided in section IV, the minimum building site area shall be:

For a one-family dwelling—7,500 square feet.

For a two-family dwelling—8,000 square feet.

For a multiple-family dwelling:

First two (2) dwelling units—8,000 square feet.

Each additional dwelling unit—1,500 square feet.

For any other permitted use—10,000 square feet.

(c)

Building site coverage. The maximum building site coverage by all buildings shall be forty-five (45) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed forty-five (45) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—25 feet.

Side yard—8 feet.

Rear yard—8 feet.

(The regulations in T3 districts generally conform to the requirements of the R-1-7.5 district unless otherwise specified.)

(11)

T-3 districts: Sub-Urban Zones: These districts are composed mainly of areas containing detached single-family houses surrounded by lawns and landscaped yards.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. Except as provided in section IV, the minimum building site area shall be:

For one-family dwelling - 7,500 square feet.

For any other permitted uses-10,000 square feet

(c)

Building site coverage. The maximum building site coverage by all buildings shall be sixty (60) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed thirty-five (35) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—20 feet

Side yard—6 feet

On 2nd frontage—6 feet

Rear yard—6 feet

(The regulations in the T4L district generally conform to the requirements in the R-O district unless otherwise specified.)

(12)

T4L districts (T4 "Limited"): General Urban Zone "Limited": Consists of primarily residential buildings with mixed-use neighborhood limited retail.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. Except as provided in section IV, the minimum building site area shall be:

For one-family dwelling—7,500 square feet.

For two-family dwelling units—8,000 square feet

For a multiple-family dwelling—

First two (2) dwelling units—8,000 square feet

Each additional dwelling unit—3,630 square feet (a maximum of 12 dwelling units per acre)

For any other permitted uses—10,000 square feet

(c)

Building site coverage. The maximum building site coverage by all buildings shall be seventy (70) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed thirty-five (35) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—15 feet

Side yard—6 feet

On 2nd frontage—6 feet

Rear yard—6 feet.

(The regulations in the T4+ district generally conform to the requirements in the R-B district unless otherwise specified.)

(13)

T4+ districts (T4 "Plus"): General Urban Zone "Plus": Allows greater intensity of mixed use; buildings may be totally residential or a mix of office/retail/residential.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. Except as provided in section IV, the minimum building site area shall be:

For one-family dwelling—7,500 square feet.

For two-family dwelling units—8,000 square feet

For a multiple-family dwelling:

First two (2) dwelling units—8,000 square feet

Each additional dwelling unit—2,222 square feet (a maximum of 18 dwelling units per acre)

For any other permitted uses—10,000 square feet

(c)

Building site coverage. The maximum building site coverage by all buildings shall be seventy (70) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed forty-five (45) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—15 feet

Side yard—6 feet

On 2nd frontage—6 feet

Rear yard—6 feet.

(D)

Business districts.

(1)

B-1 districts: Neighborhood business districts. These districts are composed of land and structures occupied by or suitable for uses furnishing the retail goods, such as groceries and drugs, and services, such as barbering and shoe repairing, to satisfy to daily household needs of the surrounding residential neighborhoods. Often located on a thoroughfare or near the intersection of two (2) thoroughfares, these districts are small and within convenient distance of most of the areas they serve. The district regulations are designed to permit the development of the districts for their purpose and to protect the abutting and surrounding residential areas. It is intended that additional neighborhood business districts will be created, in accordance with the amendment procedure of this ordinance, as they are needed to serve new residential areas.

(a)

Permitted uses. See chart at the end of this section.

(b)

Building site area. There is no minimum required building site area, except that multiple-family dwellings permitted as special exception uses shall comply with the building site area requirements specified for the R-B districts.

(c)

Building site coverage. The maximum building site coverage by all buildings shall be fifty (50) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed fifty (50) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—25 feet.

(There are no minimum required side and rear yards except that multiple-family dwellings permitted as special exception uses shall have yards as specified for the R-B districts.)

(2)

B-2 districts: General business districts. These districts are composed of land and structures occupied by or suitable for uses furnishing, in addition to the retail goods and services supplied by the neighborhood business districts, the wider range of retail goods and services required by residents of a group or community of neighborhoods, and by the city generally. Usually located on a thoroughfare or highway or near the intersection of principal thoroughfares or highways, these districts are large and within convenient distance of the area they serve. The district regulations are designed to permit the development of the districts for their purpose in a spacious arrangement of uses and structures. To protect the abutting and surrounding residential areas, certain requirements are placed on uses. It is intended that additional general business districts will be created, in accordance with the amendment procedure of this ordinance, as they are needed to serve groups of new neighborhoods or the city generally.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. There is no minimum required building site area, except that multiple-family dwellings permitted as special exception uses shall comply with the building site area requirements specified for the R-B districts.

(c)

Building site coverage. The maximum building site coverage by all buildings shall be fifty (50) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed thirty-five (35) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—25 feet.

(There are no minimum required side or rear yards except that multiple-family dwellings permitted as special exception uses shall have yards as specified for the R-B districts.)

(f)

Design review.

General.

1.

Purpose and intent. The purpose of this article is to ensure that the physical characteristics of proposed developments are compatible when considered within the context of the surrounding area.

2.

Applicability, requirements:

(i)

Project design review is required for all plans for commercial and multifamily.

(ii)

All plans and specifications submitted with an application for a building permit in zoning classification B-2 shall be reviewed by the department of urban development and design review board to ascertain whether or not the proposed structure or alteration is excessively similar or not similar to any other structure either existing or for which a permit has been issued within one thousand (1,000) feet of the proposed site as measured from each lot line.

(iii)

If the design review board determines that such structure or alteration as proposed would provide one or more harmful effects on the aforesaid structures, then the application for approval shall be denied.

(iv)

Considering all elements of design review as a whole, permits with minor variations not harmful to compatibility will not be unreasonably denied.

3.

General compatibility requirement:

(i)

Assuming that surrounding structures are considered by the design review board to be a credit to the community, all development subject to this article shall be compatible with the established architectural character of the surrounding area by using a design that is complementary to nearby architectural styles, designs, and forms. This does not imply uniformity of architectural style; rather it requires that new buildings are sympathetically responsive to aspects of nearby structures.

Building aesthetics.

(1)

Purpose. Building aesthetics establish a base criteria related to the appearance of specific structures. These regulations strike a balance between creativity and innovation on one hand, while avoiding obtrusive, incongruous structures on the other. The city strongly discourages architectural styles that do not build upon and promote the beautiful character of the city. The city supports the view that inspiring, well-maintained, and harmonious development is in the best economic development interests of all residents and businesses.

(2)

Building design:

(i)

Awnings and canopies. Awnings or other ornamental design features shall be of appropriate scale, shape, color, scheme and pattern in order to reinforce good design principles. They shall also complement the color and material of the building to which they are affixed.

(ii)

Massing. A single, large, dominant building mass shall be avoided. Where large structures are required, mass should be broken up through the use of setbacks, projecting and/or recessed elements, and similar design techniques.

(3)

Special features. Functional and/or ornamental features shall not use incompatible or extraordinary scale, color schemes, patterns or other extraordinary features for the purpose of attracting attention.

(4)

Harmony of design.

(i)

Building color shades. Colors shall be harmonious with the development in the project area, and bright and brilliant colors used only for accent. Building color shades shall facilitate blending into the neighborhood and unifying the project. The color shades of building materials shall draw from the range of color shades that already exist on the block or in the adjacent neighborhood. Neon tubing is prohibited.

(ii)

Building materials. The choice of building materials, landscaping, and site improvements shall be commensurate with or improve upon the surrounding area both visually and structurally without generating an adverse visual impact on surrounding properties. Architectural style or design is not restricted.

(iii)

Evaluation of projects. Evaluation of the appearance of a project shall be based on the quality of the design characteristics and relationship to the area in which the project is located.

Architectural character.

(1)

Purpose. Architectural character focuses on the micro-level details that greatly affect the overall appearance of a particular development. These architectural character regulations provide direction in aspects of color, facade materials, rooflines, and the enhancement of entryways. The primary goal is to define the "finishing touches" that provide the development with a sense of permanence, style, and compatibility. The city actively discourages proposals that have not taken these matters into account. The city desires that all development be treated as a lasting contributor to the community and as a "good neighbor" to its surroundings.

(2)

Roofs.

(i)

Variations in rooflines are required to reduce the massive scale of structures and add visual interest.

(ii)

Roofs must have at least two (2) of the following features: parapets concealing flat roofs and rooftop equipment, overhanging eaves, sloped roofs and three (3) or more roof slopes planes. Mechanical equipment or other utility hardware other than antennas and stacks on roofs and any other exterior service areas shall be harmonious with the building or they shall be located and/or screened so as not to be visible from any public ways within the impacted area.

(iii)

Roof shape (for example: flat, hip, mansard, or gable) and material shall be architecturally compatible with facade elements and the rest of the building.

(3)

Façades.

(i)

Recesses and projections. Building façades that are visible from the street and surrounding property must incorporate architectural features to break up large wall planes into smaller components and visual interest. Recesses and projections shall be allocated along the length of the façade. Façades not meeting this requirement will not be allowed. For retail and general business uses, any side of building or structure greater than seventy-five (75) feet in length shall incorporate recesses and/or projections along at least twenty (20) percent of the length. Recesses and projections shall be of sufficient measurements to affect the intent of this provision.

(ii)

Repeating design patterns. Architectural interest in the main structure shall be accomplished by the use of repeating pattern of change in color, texture and material modules. No more than thirty (30) percent of the consecutive façade may remain without architectural detail, including but not limited to balconies, recessed walls, changes in color and/or texture, varying roof lines, curved and angled walls, fenestration and cantilevers.

(iii)

Renovations. Facade renovations shall incorporate original building details to the maximum extent practicable.

(iv)

Materials. Predominant exterior building material surfaces shall be of high quality. These include, but are not limited to, brick, wood, sandstone or stucco, or other native stone and tinted/textured concrete masonry units. Unpainted, smooth faced concrete block and prefabricated steel panels are prohibited.

(v)

Required entryway features. Each principal building on a site should have a clearly defined, highly visible customer entrance featuring no less than two of the following: canopies or porticos, arcades, arches, wing walls, and/or planters.

(vi)

Building placement. The exterior and placement of buildings and structures, including appearance, scale, size, mass, façade and its orientation, along with roof line and building materials, shall be in harmony with the site and other construction in the impacted area.

(vii)

Fences and screening. Loading docks, trash collection and similar uses and functions shall be incorporated into the overall design of the building and landscaping so the visual and acoustic impact of these functions are contained and out of view or hearing from adjacent properties and public streets to the most practicable extent possible.

Appeals. An owner or developer may appeal a decision of the design review board to the city planning commission upon payment of a one hundred dollar ($100.00) dollar fee within fifteen (15) days of notice of denial of the permit request. An appeal decision of the planning commission may be appealed to the Gulfport City Council by filing with the urban development staff a written notice of appeal specifying the design review board decision from which the appeal is taken; and an appeal decision of the city council may be appealed to the court of jurisdiction as provided in the Mississippi Code of 1972, as amended.

(3)

B-3 district: Central business district. This district is 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. The district regulations are designed 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.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. There is no minimum required building site area.

(c)

Building site coverage. No limit.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed one hundred (100) feet in height.

(e)

Yards required. Except as provided in section IV, no yards are required.

(4)

B-4 district: Highway business district. This district is intended to include high intensity commercial activities requiring, high visibility and accessibility in which all or some of the business is conducted outdoors. This includes such activities as automobile, truck or other vehicle dealerships; heavy equipment dealers; recreational vehicle sales, mobile home sales; yard and garden centers; building material dealers; truck stops; bus terminals; outdoor recreational enterprises such as recreational vehicle campgrounds, water parks, drive-in theaters, amusement parks, etc. Also included in this district would be uses which cater to the motoring public such as fast food restaurants, service stations, motels, and similar uses.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. There is no minimum building site area required.

(c)

Building site coverage. The maximum site coverage by all buildings shall be fifty (50) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed fifty (50) feet in height.

(e)

Yards required. Except as required in section IV, the minimum dimensions of yards shall be:

Front yard—50 feet.

There are no minimum side or rear yards required except where abutting residentially zoned property, the side and rear yards shall be a minimum of twenty-five (25) feet. Sufficient driveway access shall be provided to allow for service vehicles to enter the side and rear of the use.

(5)

E-G district: Entertainment gaming district. This district is composed of lands and structures which are occupied by or suited for the accommodation of the gaming industry and related entertainment land uses. The district regulations are designed to encourage a mixture of uses including hotels, restaurants, shopping, live entertainment, limited residential, public and open space and tourist-oriented recreational uses. This district shall be of such size, shape and location as to enable development of well-organized facilities with proper access to streets, sidewalks, off-street parking and loading facilities, and other requirements and amenities. These districts should compliment adjacent business districts through a continuation of the urban design of adjacent properties and the promotion of walking to adjacent business districts. Because of the high volume of traffic generated by the gaming industry, these districts shall be confined to locations having access to highways or major thoroughfares of adequate capacity for the traffic volumes anticipated. It is intended that the grouping of buildings and parking areas be designed to protect residential areas from obtrusive noise and light.

(a)

Permitted uses. See chart at the end of this section.

(b)

Certain structures to be limited in scale. Any structure which is utilized for retail purposes in the E-G district, and which is not an accessory use to some other primary use or a part of a mixed-use building, shall be limited to a maximum size of ten thousand (10,000) square feet (enclosed) per floor for each structure. The purpose for this limitation is to encourage the creation of compact retail development which is convenient to the pedestrian and to encourage pedestrian oriented shopping.

(c)

Building site area. There is no minimum required building site area, except as follows:

For condominium developments—A maximum of fifty (50) units per acre.

For gaming establishments—A minimum area of seven (7) acres of contiguous land, which minimum acreage is comprised of uplands or fastlands only and not bottomlands or tidelands, and is adjacent to and contiguous with U.S. Highway 90 or in some part adjacent to and contiguous with the Mississippi Sound or adjacent harbor areas.

(d)

Building site coverage. The maximum building site coverage by all buildings shall be seventy-five (75) percent.

(e)

Building height limit. Except as provided in section IV, no structure shall exceed seventy-five (75) feet in height. However, any building situated so as to be adjacent to any residential district (notwithstanding any intervening streets or rights-of-way) shall be limited to a height equal to the maximum allowable building height specified for said adjacent residential zone for the first fifty (50) feet from the property line adjacent to the residential district, and fifty (50) feet of height for distances fifty (50) to seventy-five (75) feet from the property line adjacent to the residential. The height limits apply only to the portion of the building within the setbacks.

(f)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—Twenty-five (25) feet, unless reduced by the planning commission in approval of a gaming master plan as provided in section IV. All yards fronting on a street shall be considered front yards for this district.

Side yard—No requirement unless abutting or adjoining a residential district, in which case the setback shall be twenty-five (25) feet.

Rear yard—No requirement unless abutting or adjoining a residential district, in which case the setback shall be twenty-five (25) feet.

(g)

Reserved.

(h)

Reserved.

(i)

Reserved.

(j)

Landscaping requirements. All developments within the E-G district shall adhere to additional landscaping requirements in section IV of these regulations.

(The regulations in the T5 district general conform to the requirements in the B-1 district unless otherwise specified.)

(6)

T5 districts: Urban Center Zone: Consists of shops mixed with townhouses, apartments and offices.

(a)

Permitted uses. See chart at the end of this section.

(b)

Building site area. There is no minimum required building site area, except that for multiple-family dwellings permitted with planning commission approval:

First three dwelling units—9,210 square feet

For each additional dwelling unit—1,040 square feet (a maximum of 36 dwelling units per acre)

(c)

Building site coverage. The maximum building site coverage by all buildings shall be ninety (90) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed one hundred (100) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—15 feet

(There are no minimum required side and rear yards except that multiple-family dwellings permitted with planning commission approval shall have yards as specified as follows:)

Front yard—15 feet.

Side yard—6

On 2nd frontage—6 feet

Rear yard—6 feet

(The regulations in the T6 district generally conform to the requirements in the B-2 district unless otherwise specified.)

(7)

T6 districts: Urban Core Zone: Consists of the highest density, with the greatest variety of uses, and civil buildings of regional importance. It may have larger blocks; streets have steady street tree planting and buildings set close to the frontages.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. There is no minimum required building site area, except that for multiple-family dwellings permitted with Planning Commission approval—a maximum of forty-eight (48) dwelling units per acre (907.5 square feet per unit)

(c)

Building site coverage. The maximum building site coverage by all buildings shall be ninety (90) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed one hundred and fifty (150) feet in height.

(f)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—15 feet

(There are no minimum required side and rear yards except that multiple-family dwellings permitted with Planning Commission approval shall have yards as specified as follows:.)

Front yard—15 feet.

Side yard—6

On 2nd frontage—6 feet

Rear yard—6 feet

(8)

SD: Special District: This designation is assigned to those areas that are unclassified by a use. A specified use requires rezoning to comply with district requirements.

(E)

Industrial districts.

(1)

I-1 districts: Light industry districts. These districts are composed of land and structures occupied by or suitable for light manufacturing, wholesaling and similar uses. Located for convenient access from existing and future arterial thoroughfares, highways and railway lines, these districts are usually separated from residential areas by business districts or by natural barriers. The district regulations are designed to permit a range of light industrial activities subject to limitations intended to protect nearby residential and business districts.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. Except as provided in section IV, the minimum building site area shall be 10,000 square feet.

(c)

Building site coverage. The maximum building site coverage by all buildings shall be seventy-five (75) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed fifty (50) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—25 feet.

(There are no minimum required side or rear yards.)

(2)

I-2 districts: Heavy industry districts. These districts are composed of land and structures occupied by or suitable for heavy manufacturing and related activities. Located for convenient access from existing and future arterial thoroughfares, highways, railway lines or waterways, these districts are usually separated from residential areas by business or light industry areas or by natural barriers; where they are adjacent to residential areas some type of artificial separation may be required. The district regulations are designed to permit the development of the districts for their purpose, including almost any industrial uses but subject to conditions necessary for the mutual protection of the uses and the city generally.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. Except as provided in section IV, the minimum building site area shall be ten thousand (10,000) square feet.

(c)

Building site coverage. The maximum building site coverage by all buildings shall be seventy-five (75) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed one hundred (100) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—25 feet.

There are no minimum required side or rear yards.

(3)

I-3 district: Planned industrial park district. This district includes uses in a self-contained environment which do not operate in such a manner as to be obnoxious to surrounding properties. Included are manufacturing, fabrication, distribution and storage or warehouse uses which are conducted both indoors and outdoors. It is intended that this district have uses grouped in a park-like setting with appropriate setbacks and buffers from adjoining properties.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. Except as provided in section IV, the minimum building site area shall be 10,000 square feet.

(c)

Building site coverage. The maximum building site coverage by all buildings shall be fifty (50) percent.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed fifty (50) feet in height.

(e)

Yards required. Except as provided in section IV, the minimum dimensions of yards shall be:

Front yard—50 feet.

Side yard—25 feet.

Rear yard—25 feet.

(F)

Sand beach district.

(1)

SB district: Sand beach district. There is hereby created a sand beach district which is subject to the Sand Beach Ordinance of Gulfport, Mississippi, Ordinance Number 1816, as found in the Code of Ordinances[, §§ 2-46—2-56,] of the City of Gulfport, Mississippi.

(G)

Waterfront district.

(1)

WF district: Waterfront district. This use district classification is intended to include all areas situated south of U.S. Highway 90 located within the City of Gulfport which are not specifically zoned for other uses.

(a)

Permitted uses. See chart at end of this section.

(b)

Building site area. Not applicable.

(c)

Building site coverage. Not applicable.

(d)

Building height limit. Except as provided in section IV, no structure shall exceed thirty-five (35) feet in height.

(e)

Yards required. Not applicable.

(H)

Flood Hazard Overlay Zone. There is hereby created a Flood Hazard Overlay Zone which is subject to the Flood Control Ordinance of Gulfport, Mississippi, Ordinance Number 1793 as found in Appendix B of the Code of Ordinances of the City of Gulfport, Mississippi. This district is defined as the zones so designated on the most recent FIRM and Floodway maps covering the corporate boundaries of the City of Gulfport.

(I)

Airport environs and airspace zoning district.

(1)

Title and purpose. The Gulfport-Biloxi Regional Airport Environs and Airspace Zoning District (AEAZD) is hereby created with the following purpose: to preserve the general public's investment in and the viability of the Gulfport-Biloxi Regional Airport and to protect and enhance the health, safety, and general welfare of the population in the vicinity of the airport. Gulfport-Biloxi Regional Airport Environs and Airspace Zoning District (AEAZD) shall serve as an overlay district that applies additional standards and requirements to properties located within an underlying zoning district. Two (2) different overlay areas are utilized: Land Use Compatibility Overlay and Height/Airspace Overlay. In the case of conflicting standards and requirements, the more stringent standards and requirements shall apply.

(2)

Definitions.

(a)

Gulfport-Biloxi Regional Airport Land Use Compatibility Overlay. The geographic area that is affected by the Gulfport-Biloxi Regional Airport air traffic operations and defined on the basis of those areas immediately affected by the 65 LDN and greater noise exposure area from the official Federal Aviation Administration approved noise exposure map for the Gulfport-Biloxi Regional Airport as of the effective date of this amendment. This area is represented as part of the Gulfport-Biloxi Regional Airport Environs and Airspace Zoning District (AEAZD).

(b)

Gulfport-Biloxi Regional Airport Height/Airspace Overlay. The geographic area of land adjacent to the Gulfport-Biloxi Regional Airport that is identified by the Gulfport-Biloxi Regional Airport Authority on its official height/airspace map as of the effective date of this amendment, that depicts the requirements set forth in Part 77, Subpart C of the Federal Code of Regulations relative to the approach surface, primary surface, transitional surface, horizontal surface and conical surface to the Gulfport-Biloxi Regional Airport.

(c)

Airport hazard. Any structure or object of natural growth or use of land within a Gulfport-Biloxi Regional Airport Height/Airspace Overlay that obstructs the air space required for the flight of aircraft in landing or taking off at any Gulfport-Biloxi Regional Airport or is otherwise hazardous to such landing or takeoff of aircraft.

(d)

Day-night sound level (LDN). A cumulative aircraft noise index that estimates the exposure to aircraft

noise at a certain geographic point and relates the estimated exposure to an expected community response.

(e)

LDN contour. A line linking together a series of points of equal cumulative noise exposure based on the LDN metric. Such contours are developed based on aircraft flight patterns, number of daily aircraft operations by type of aircraft and time of day, noise characteristics of each aircraft, and typical runway usage patterns.

(f)

Structure. Any object, whether permanent or temporary, including, but not limited to, a building, tower, crane, smokestack, earth formation, transmission line, flagpole, or ship mast; also includes a mobile object.

(g)

Horizontal surface. A horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of 10,000-foot radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs.

(h)

Conical surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet.

(i)

Primary surface. A surface longitudinally centered on a runway with a width of two hundred fifty (250) feet for utility runways having only visual approaches and one thousand (1,000) feet for precision instrument runways. The primary surface extends two hundred (200) feet beyond each end of the runway.

(j)

Approach surface. A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of one thousand two hundred fifty (1,250) feet for a utility runway with only visual approaches and sixteen thousand (16,000) feet for precision instrument runways. The approach surface extends for a horizontal distance of five thousand (5,000) feet at a slope of twenty (20) to one (1) for all utility and visual runways and ten thousand (10,000) feet at a slope of fifty (50) to one (1) with an additional forty thousand (40,000) feet at a slope of forty (40) to one (1) for all precision instrument runways.

(k)

Transitional surface. This surface extends outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of seven (7) to one (1) from the sides of the primary surface and from the sides of the approach surfaces.

(l)

Runway protection zone (RPZ). An area longitudinally centered on the extended runway centerline extending outward two thousand five hundred (2,500) feet at the elevation of the end of the runway upon which that RPZ is centered. The inner edge of the RPZ is the same width as the primary surface and expands uniformly to a width of one thousand seven hundred fifty (1,750) feet. The RPZ is the area in which a mishap is most likely to occur and is provided to enhance the protection of people and property.

(m)

Avigation easement. A document obtained by an airport to transfer certain airspace rights to the airport covering items such as the right-of-flight, right to remove obstructions, etc., but not necessarily to the extent of prohibiting the use of the land within the limits of the rights obtained.

(n)

North American Vertical Datum (NAVD). The nationally accepted standard reference used to determine the elevation of a surface, object, elevation, structure or natural growth.

(3)

Overlay Districts.

(a)

Land Use Overlay subdistricts. The Gulfport-Biloxi Regional Airport Environs and Airspace Zoning District (AEAZD) Land Use Compatibility Overlay area is subdivided into three (3) subdistricts that represent the differing levels of noise impact. The geographic location of these districts is indicated on the city's official zoning map, having been duly adopted by the city as per the requirements of this zoning ordinance provision. The noise districts are as follows:

1.

The area within the 65 LDN to 70 LDN noise-exposure area.

2.

The area within the 70 LDN to 75 LDN noise-exposure area.

3.

The area within the 75 LDN and greater noise-exposure area.

(b)

Height/Airspace Overlay. The Gulfport-Biloxi Regional Airport Height/Airspace Map depicts districts that represent differing levels of height/airspace restrictions. The geographic location of three (3) of such districts are indicated on the city's official zoning map, having been duly adopted by the city in accordance with the requirements of this zoning ordinance. The height/airspace districts that are incorporated into the zoning ordinance are as follows:

1.

Primary surface as defined in section III, (I)(2)(i) above.

2.

Approach surface as defined in section III, (I)(2)(j) above.

3.

Transitional surface as defined in section III, (I)(2)(k) above.

4.

Horizontal surface as defined in section III, (1)(2)(g) above.

5.

Conical surface as defined in section III, (1)(2)(h) above.

In the event the Height/Airspace Overlay conflicts with height limitations otherwise set forth in any provision of this zoning ordinance, the most restrictive provision of this zoning ordinance relative to height limitations shall govern.

The boundaries of the Gulfport-Biloxi Regional Airport Environs and Airspace Zoning District (AEAZD) Land Use Compatibility area, and it's subdistricts, as adopted herein, shall be reviewed and amended whenever the Gulfport-Biloxi Regional Airport Authority updates or amends their official Noise Exposure Map. It shall be the responsibility of the Gulfport-Biloxi Regional Airport Authority to notify the city of any such update or amendment and to provide a copy of same to the city. Copies of the noise exposure maps and relevant data shall be on file and open to public inspection in the offices of the Gulfport-Biloxi Regional Airport Authority.

(4)

Application of zoning ordinance. Within the Gulfport-Biloxi Regional Airport Environs and Airspace Zoning District (AEAZD), any proposed use or structure is subject to review as described herein and shall be evaluated relative to the standards and requirements provided for herein.

(5)

Exemptions.

(a)

Continuation of nonconforming uses.

1.

As of the date of enactment of the Gulfport-Biloxi Regional Airport Environs and Airspace Zoning District (AEAZD), a lawful use then existing on a specific parcel is exempt from the land use restrictions set forth in subsection (6), below.

2.

A nonconforming single-family residential structure existing or under construction at the time the Gulfport-Biloxi Regional Airport Environs and Airspace Zoning District (AEAZD) is enacted may be extended or enlarged, provided the extension or enlargement meets the relevant requirements of the zoning ordinance or land use plan.

(b)

Future nonconforming uses.

1.

As of the date of enactment of the Gulfport-Biloxi Regional Airport Environs and Airspace Zoning District (AEAZD), a future use for a specific parcel is exempt from the land use standards specified in subsection (6), if the parcel is part of a development, the land use(s) for which have been identified on a plat which has been approved by the city for that specific use(s) prior to the date of enactment of the AEAZD; or if the parcel is not part of such a development, if a building or occupancy permit has been issued.

2.

If a developer has expended substantial money and made efforts in development of the property, but does not meet the above criteria, the developer may make a direct appeal to the city to allow the development to be exempted. Upon such appeal, the developer must present objective evidence that substantial time, money and energy have been expended on the project prior to the date of enactment of the Gulfport-Biloxi Regional Airport Environs and Airspace Zoning District (AEAZD).

(c)

Repair and replacement of nonconforming uses.

1.

A structure or part thereof lawfully existing on the effective date of the Gulfport-Biloxi Regional Airport Environs and Airspace Zoning District (AEAZD) and which does not conform to all of the regulations of the AEAZD shall be considered nonconforming under this subsection. A use which lawfully occupies a building structure or land on the effective date of the Gulfport-Biloxi Regional Airport Environs and Airspace Zoning District (AEAZD) and which does not conform to all of the regulations of the AEAZD shall be considered nonconforming under this subsection. Existing nonconforming uses of a structure or land under this subsection may be continued so long as it remains otherwise legal.

2.

Normal maintenance and repair of a building occupied by a nonconforming use is permitted, provided no zoning ordinance or land use requirement is violated thereby.

3.

A nonconforming structure under this subsection or a structure containing a nonconforming use under this subsection which has been 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, may be replaced or repaired and used as before, if application for a building permit is made to the building official within twelve (12) months of such damage. The new structure must meet the building standards, permits and approvals in effect and set forth in the zoning ordinance at the time of the event which caused damage to the structure.

(6)

Permissible uses. The following permissible uses shall apply to all land areas within the geographic boundaries of the Height/Airspace Overlay Area and Land Use Compatibility Overlay Area.

(a)

Height/Airspace Overlay. The Height/Airspace Overlay Map depicts the airspace height limitations within the (AEAZD) Height/Airspace Overlay Area and includes the following:

1.

Lighting.

a.

All lighting or illumination used in conjunction with streets, parking, signs or other uses of land and structures shall be arranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from the airport or in the vicinity thereof.

b.

The owner of any structure over two hundred (200) feet above ground level shall install lighting on the structure in accordance with Federal Aviation Administration Circular 70-7460, as amended.

c.

Any permit or variance granted by the city board of zoning adjustments and appeals shall be so conditioned as to:

(i)

Require the owner of the structure or natural growth in question to install, operate and maintain thereon such markers and lights as may be necessary to indicate to pilots the existence of an airport hazard; or

(ii)

Require the owner of the structure or natural growth in question to permit the Gulfport-Biloxi Regional Airport Authority to install, operate and maintain thereon such marker and lights as may be necessary to indicate to pilots the existence of an airport hazard.

2.

Height.

a.

Any structure, natural growth or use of land whose height would exceed the federal obstruction standards as contained in Part 77, Subpart C of the Code of Federal Regulations, relative to the primary surface, approach surface, transitional surface, horizontal surface and conical surface, in effect on the date of adoption of this amendment to the Gulfport-Biloxi Regional Airport Environs and Airspace Zoning District (AEAZD) is prohibited.

b.

No building permit may be issued for any structure within the Gulfport-Biloxi Regional Airport Environs and Airspace Zoning District (AEAZD) the height of which will be constructed to within ten (10) feet of penetrating any primary surface, transitional surface, approach surface, horizontal surface or conical surface as such are reflected on the official height/airspace map incorporated into the zoning ordinance, unless the city planning division administrator has certified that the proposed structure will not constitute an airport hazard as defined in subsection (2)(c).

c.

No addition, construction, alteration or renovation to any commercial or residential structure within the runway protection zone will be allowed without development review by the Gulfport-Biloxi Regional Airport Authority of the proposed addition, construction, alteration or renovation prior to the issuance of a building permit.

3.

Electronic interference. No operations from any use shall produce electronic interference with navigation signals or radio communication between the airport and aircraft.

(b)

Land use compatibility overlay. The land use compatibility overlay map, which presents the geographic area affected by said regulations, is shown on the official zoning map. Table A, Airport Environs Area Land Use Compatibility Table, contained herein, presents permissible and nonpermissible uses by land use compatibility overlay subdistrict area and by land use type. All proposed uses and structures must comply with these standards.

1.

Land use compatibility locational standards.

a.

Parcels partially within the Land Use Compatibility Overlay Area.

(i)

That portion of any parcel which falls without the Land Use Compatibility Overlay Area shall be treated in the same manner as parcels wholly without the Land Use Compatibility Overlay Area, and shall be governed by the planning and zoning regulations of the relevant local authority, except as to height; notwithstanding that when an avigation easement is required by subsection (7) of this article, the avigation easement shall be made to apply to the entire parcel or project.

(ii)

That portion of the parcel falling within the Land Use Compatibility Overlay Area shall be treated in the same manner as parcels wholly within the Land Use Compatibility Overlay Area, using the procedures established in this ordinance.

(iii)

The owner of the entire parcel may act to subdivide the parcel, so as to create two (2) parcels, one wholly without the Land Use Compatibility Overlay Area and one wholly within the Land Use Compatibility Overlay Area. When the owner does so, all applicable use restrictions and zoning requirements of the city zoning ordinance shall apply to each parcel separately.

b.

Parcels wholly within the Airport Environs Area.

(i)

Permissible uses are those uses indicated as compatible in the Airport Environs Area Land Use Compatibility—Table A.

(ii)

Those uses indicated as "Yes—with restrictions," must be approved in writing by the planning division administrator when he or she is satisfied that the restriction has been satisfied.

(7)

Avigation easement. Relative to the nonpermissible uses, and uses compatible with restrictions, as per Table A, and in the case of a variance or special exception or planning commission approval, the applicant, prior to receiving final approval of said request, shall convey to the Gulfport-Biloxi Regional Airport Authority an avigation easement permitting the right of flight in the airspace and all other stipulations and restrictions of the easement above the subject property. Such easement shall be supplied in a form prescribed by the city planning division administrator in conjunction with the Gulfport-Biloxi Regional Airport Authority and shall be recorded in the land records in the office of the Chancery Clerk, First Judicial District, Harrison County, Mississippi. When an avigation easement is required by this ordinance, it shall be made to apply to the entire parcel of land. When a project consists of multiple parcels of land, the avigation easement will be made to apply to all parcels used in the project whether or not a specific parcel lies within an area where an avigation easement would be required.

(8)

Notice to purchasers. The means of providing notification of potential impact from aircraft operations shall be as follows:

(a)

Surveyors who perform legal surveys within the Gulfport-Biloxi Regional Airport Environs and Airspace Zoning District (AEAZD) shall make a notation on the final survey or plat, which discloses that the parcel or any portion thereof, lies within the Gulfport-Biloxi Regional Airport Environs and Airspace Zoning District (AEAZD). The disclosure shall also state that more information concerning the Gulfport-Biloxi Regional Airport Environs and Airspace Zoning District (AEAZD) may be obtained by making inquiries at the office of the department of urban development planning division. Notification of this requirement shall be mailed, by certified letter to the offices of all licensed surveyors in both the city and county.

(b)

If a parcel is located within the Gulfport-Biloxi Regional Airport Environs and Airspace Zoning District (AEAZD), that fact may be noted on all tax notification statements sent out by the local taxing authority, and/or the city.

(c)

Maps which depict the boundaries of the Gulfport-Biloxi Regional Airport Environs and Airspace Zoning District (AEAZD) may be reviewed as the planning division offices. These maps shall also indicate which tax parcels are located therein.

(d)

The department of urban development-planning division shall notify the legal and real estate communities of the existence of the Gulfport-Biloxi Regional Airport Environs and Airspace Zoning District (AEAZD). The notice shall provide information which describes the special restrictions and/or requirements relative to parcels located therein.

(9)

Development review. The zoning compliance process for the city shall apply to the Gulfport-Biloxi Regional Airport Environs and Airspace Zoning District (AEAZD), with the following additions:

(a)

Gulfport-Biloxi Regional Airport Authority staff review. A copy of an

application for zoning compliance under the AEAZD District, including the development plan, shall be provided within five (5) days of submittal by the applicant, by the city to the staff of the Gulfport-Biloxi Regional Airport Authority, which will provide comment to the city planning division administrator within fifteen (15) days of receipt.

(10)

Development plan. A development plan as identified herein shall be submitted in addition to the submittal requirements for zoning compliance and said plan shall include, at a minimum, technical substantiation, maps, plans, drawings, and such other information as is necessary to show:

(a)

Site/LDN contour map. Zoning district boundaries shall be superimposed on a site plan of the development to show aircraft-generated sound levels depicted on the official noise exposure map projected for the property. All maps should be drawn to a scale designated by the city planning division administrator.

(b)

Location of structures. The placement of all existing and proposed buildings and structures shall be shown located on the site/LDN contour map.

(c)

Height of structures. At least a front elevation of all structures showing the maximum height of each above National Adjusted Vertical Datum (NAVD) shall be provided unless upon review by the planning division it is determined that no proposed structure will be constructed to within ten (10) feet of penetration of any primary surface, transitional surface, approach surface, horizontal surface or conical surface.

(d)

Specification of uses. Identification of the uses to occur within each structure or activity area shall be designated on the site/LDN contour map.

(e)

Narrative description. A narrative shall be provided describing the location of the site, its total acreage, existing character and use, the concept of the proposed development or use, and the relation of the proposed development plan to the city's land-use plan.

(11)

Development review criteria. The development plan described in subsection (10) shall be reviewed and evaluated using, at a minimum, the following criteria:

(a)

Proposed uses. All elements of the proposed development are consistent with Table A, Land Use Compatibility Standards.

(b)

Siting. Buildings and structures should be located the greatest distance from the noise source, taking maximum advantage of existing topographical features to minimize noise impact, and within zoning district requirements, such as required setbacks. Buildings and structures should be oriented to minimize exposure to the noise source and building openings, such as windows, should be located away from the noise source.

(c)

Passive outdoor recreation space. The amount of passive outdoor recreational space where individuals would be subject to noticeable or severe levels of noise should be minimized. Landscaping materials should be used to deflect noise.

(d)

Surface penetration. Reviewed for possible penetration of any of the surfaces depicted by the height/airspace overlay.

(12)

Field testing of interior sound levels. Field testing of interior sound levels may occur as requested by the applicant, property owner, and/or city. Such field testing may be provided by the staff of the Gulfport-Biloxi Regional Airport Authority provided sufficient staff resources, time, and equipment are available; otherwise, such testing shall occur at the expense of the property owner.

TABLE A

AIRPORT ENVIRONS ZONING DISTRICT COMPATIBILITY TABLE

NOTES

(J)

Naval Construction Battalion Center Military Influence Overlay District.

(1)

Purpose. The Naval Construction Battalion Center Military Influence Overlay District (NCBC MIOD) is hereby created with the following purpose: to ensure that the continually changing mission of the installation is facilitated to the greatest extent possible. The city shall support the Naval Construction Battalion Center Gulfport so that the installation remains viable and able to complete its mission. The MIOD shall serve as an overlay district that identifies properties that may be affected by military training and applies additional standards and requirements to those properties in order to encourage compatible land use patterns, protect the public health, safety and welfare, and to help prevent encroachment from incompatible development. In the case of conflicting standards and requirements, the more stringent standards and requirements shall apply.

(2)

District boundary. The NCBC MIOD includes an area located within ¼ mile of the property boundary line of the Naval Construction Battalion Center Gulfport and the area located within the noise contours as shown on Map 1. The geographic location of this district is indicated on the city's official zoning map, having been duly adopted by the city as per the requirements of this zoning ordinance provision.

(3)

Development review. The development review process for the city shall apply to the NCBC MIOD, with the following additions:

(a)

The city shall consider the Naval Construction Battalion Center Gulfport input and concerns during its review of planning, regulatory, and development proposals located within the NCBC MIOD. The city shall assess the compatibility of such planning, regulatory and development proposals as provided in the following criteria:

1.

Whether such proposal is compatible with the findings of the NCBC Gulfport + Special Areas Joint Land Use Study (JLUS) approved by Resolution on August 8, 2017.

2.

Whether the mission of the Naval Construction Battalion Center Gulfport will be adversely affected by the proposal.

3.

Whether such proposal creates any frequency interferences that are incompatible with the frequency spectrum of the Naval Construction Battalion Center Gulfport. To implement this provision, the city shall require that any new telecommunication facility or proposed development that warrants a Federal Communications Commission (FCC) license and are located within the NCBC MIOD boundary submit an application specifically describing any frequency spectrum that is generated or emitted by the proposal to the Urban Development Planning Division Administrator as part of the Development Order Application. As part of the review process, the application will be forwarded to the Naval Construction Battalion Center Gulfport Commanding Officer for review and comment.

(4)

Buffering plan. A buffering plan shall be required for all new development or redevelopment on parcels located immediately adjacent to the Naval Construction Battalion Center Gulfport property line and share a common property boundary. Prior to the Development Review Process, the buffering plan shall be jointly reviewed by the Urban Development Planning Division Administrator and the Naval Construction Battalion Center Gulfport Commanding Officer.

The buffering plan shall consist of visual screening through fences and/or walls that serve several functions including, establishing a setback from the Naval Construction Battalion Center Gulfport property line, land use buffering and noise attenuation, privacy, and security. These structures shall be designed to provide a unifying element and to be aesthetically pleasing. The exact design, height, and location shall be determined during the processing of site-specific development plans. Earth berms shall not be allowed as part of the buffering plan.

(6)

Noise contours. The NCBC MIOD contains two noise contours that consist of the 87 dB Peak Noise Contour and the 104 dB Peak Noise Contour as defined in the 2017 Range Compatible Use Zones Study for the Naval Construction Battalion Center Gulfport and depicted on Map 1. The city shall inform all applicants of any proposed map amendment, re-zoning application, variance, conditional use permit, application for development order or proposed development located within the NCBC MIOD noise contours that the property is subject to potential military training related noise. The city will provide to the applicant information regarding the Naval Construction Battalion Center Gulfport and 2017 Range Compatible Use Zones Study, along with optional sound-level reduction standards that could be implemented to mitigate or reduce nuisances caused by military training activities within the noise zones.

(7)

Joint review. A copy of any proposed map amendments, re-zoning applications, variances, conditional use permits, applications for development orders, and amendments to the city's land development regulations which are proposed in or affect any area found to be in the NCBC MIOD, including the development plan, shall be provided by the city within five (5) business days of a complete submittal to the Naval Construction Battalion Center Gulfport Commanding Officer, who will provide comment(s) to the Urban Development Planning Division Administrator within ten (10) business days of receipt.

(K)

Chart of permitted uses.

(1)

Conditions governing permitted uses. Permitted uses shall be governed by conditions set out in the three categories following:

(a)

Uses by right. The uses listed below are permitted subject to the conditions specified.  (R)

(b)

Uses requiring planning approval. The uses listed below are permitted upon approval of location and the site plan thereof by the planning commission as being appropriate with regard to transportation and access, water supply, waste disposal, fire and police protection, and other public facilities, as not causing undue traffic congestion or creating a traffic hazard, and as being in harmony with the orderly and appropriate development of the district in which the use is located.  (P)

(c)

Special exception uses. The uses listed below are subject to the same approval of location and site plan as uses requiring planning approval; in addition, these uses are declared to possess such characteristics of unique or special form that each specific use shall be considered an individual case and shall be subject to approval of the board of adjustment in accordance with the provisions of section VIII governing special exceptions.  (X)

(d)

Enclosure of uses. Every use in any district, except an I-1 or I-2 district, shall be conducted entirely within a completely enclosed structure unless expressly exempted from enclosure requirements.

  In any district, except R-1 and R-2 districts, merchandise can be displayed within twelve (12) feet from either the front or side wall of any structure; provided, however, that in no event shall any merchandise be allowed for display within any area designated as required parking spaces. Further, notwithstanding the type or existence of any covered area, including, but not limited to, any contiguous or noncontiguous covered area, awning, porch, roof overhang or roof extension, merchandise can be displayed within this confined area designated herein along and adjacent to only one (1) perimeter wall of the structure, subject to the limitations and restrictions set forth herein.

(2)

Schedule of uses. Property lying within each of the district as reflected by the official zoning map shall be used only for the purpose as hereinafter set forth, and in accordance with the provisions of section III-E 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 and the planning director shall jointly make a determination of the districts in which such use shall be permitted as a use by right, a use requiring planning commission approval, or a special exception use based on its similarity in nature and character to uses that are listed. If, however, the building official and the planning director cannot agree on an appropriate determination, the board of adjustment shall make the decision.