(A)

Supplementary use regulations.

(1)

Structure to have access. Every structure hereafter erected or moved shall be so located on a building site as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

(2)

Accessory buildings.

(a)

No accessory buildings shall be located in the area between the continuous front façade line and the front property line, unless the accessory building is an attached or detached canopy and is only in connection with an automobile filling station. When an accessory building is located on a corner lot, the provision applies to all frontages.

(b)

An accessory building cannot be rented out, used as a dwelling unit, or be used as part of a home business.

(c)

No more than two (2) detached accessory buildings may be permitted on a parcel or lot in which a single or multi-family structure exists.

(d)

One (1) above-ground swimming pool will be permitted in addition to one (1) accessory building.

(e)

No accessory building or use shall be permitted on any lot which does not contain a principal building or use, with the sole exception to this being with respect to a boathouse, pier, dock, or similar structure on a lot that is located in whole or part on or over water or bottomlands owned by the same owner of the primary or main lot or on property on which the owner has a perpetual easement for use and ingress/egress that permits the same.

(f)

If the primary building is removed, the accessory building shall be removed within six (6) months if no new building permit application exists.

(g)

The appearance and construction of an accessory building must be consistent or harmonious to the primary building and surrounding areas. Any review will be subject to the appeals process outlined in Appendix A-Sec IV (E)(1).

(h)

Covenants may have additional standards that apply, which may be regulated by a homeowner's association.

(i)

Height and Yard Requirements.

1.

No accessory buildings shall be located in an easement or right-of-way, unless the same are over or on waters that are navigable.

2.

Detached accessory buildings must meet all required setbacks of the zoning district where the structure is located.

3.

Detached accessory buildings shall only be single story.

4.

No detached building or use shall be located closer than five (5) feet to any main building on a lot or parcel containing less than one (1) acre.

5.

No detached building or use shall be located closer than ten (10) feet to any main building on a lot or parcel containing one (1) or more acres.

6.

All accessory buildings shall not exceed the maximum lot coverage standard in the zoning district where the building is located.

7.

Accessory buildings shall be located on the same lot or parcel as the principal building or use, with the sole exception to this being as set out in the definition of "Accessory Building or Use" set forth herein.

8.

Size limitation chart:

(3)

Outdoor storage. No appliances, such as washing machines and refrigerators, shall be stored for more than twenty-four (24) hours in any residence district except in or behind a carport or in an enclosed building. Inoperable automotive vehicles of any kind or type shall not be stored on any city street.

(a)

Parking and storage of certain vehicles. Automotive vehicles or trailers of any kind, including recreational vehicles, as defined by this ordinance, without current license plate or current state inspection sticker shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings, nor shall such vehicles be parked or stored on, or in, the streets therein. Unattended vehicles greater than ten thousand (10,000) pounds gross vehicle weight (manufacturer's capacity rating) and having tires greater than thirty (30) inches in diameter shall not be parked or stored on any residentially zoned property. Further, in B-1, B-2, B-3, and in all residentially zoned districts, on street parking shall be permitted only for vehicles up to ten thousand (10,000) pounds gross vehicle weight (manufacturer's capacity rating) and having tires not to exceed thirty (30) inches in diameter.

(b)

Parking or storage of major recreational equipment. Major recreational equipment, including boats, boat trailers, travel trailers, campers or camper trucks, coaches, motorized dwellings, recreational vehicles or similar equipment shall not be parked or stored in required front yard of any zoning district. No such equipment shall be used for living, sleeping, or housekeeping purposes on any lot except in an approved location, such as a RV campground.

(c)

Regulations for open storage. The regulations herein set forth shall apply to any open storage of junk or salvage materials, by-products, waste products of industrial or commercial establishments and general storage of equipment and materials, solid waste material or rubbish.

(d)

General requirements.

1.

The City of Gulfport may require the removal of junk or salvage or the screening of a nonconforming establishment in the interest of preserving the health, safety, and welfare of the general public.

2.

The storage area shall be screened from view of the neighbors and the public by fencing or natural terrain or trees or vegetation, a minimum of eight (8) feet in height, and shall be maintained in this manner.

3.

Open storage of trash, junk or rubbish such as abandoned vehicles, appliances, garbage, debris, surplus building material, rubbish or similar items is not permitted on commercial, industrial, residential or mobile homes premises unless approved in compliance with the provisions of this section.

4.

It shall be unlawful to place or abandon any trash or articles upon another's land, or upon any public property or public way, floodway, waterway, drainage ditch or drain.

5.

A fifty (50) foot buffer area, free of storage or structures, shall be maintained inside the perimeter of the storage area.

6.

Any such establishment in existence prior to the adoption of these provisions shall not be expanded or enlarged or the number of car bodies or quantity of junk or salvage be increased or additional land used unless such expansion is made to conform to these provisions and all of the regulations of this ordinance.

(e)

Storage of junk cars, junk, or salvage materials.

1.

A minimum of three (3) acres of land is required for a facility within [which] such storage can occur.

2.

Open storage businesses as referred to herein, junk cars or materials shall not be allowed within one-half (½) mile of any designated federal or state highway or within five hundred (500) feet of any other public road or street.

3.

Stacking of vehicle bodies over one tier in height is not allowed and any junk or salvage material shall not be stacked over six (6) feet in height.

4.

Storage of any immobile vehicles or parts, tires or accessories outside the screened area is prohibited.

(f)

Outdoor sales of goods. There shall be no goods sold or peddled out of trucks, vans, shacks, cars or any object or structure that does not meet building codes or setbacks, except that mobile food vendors as defined in Sec. IV(9) may be permitted subject to the regulations contained in that section.

(g)

Regulations of temporary Christmas tree lot sales and similar temporary sales.

1.

Christmas trees, firewood, and similar temporary sales shall be set up in business zoning districts only.

2.

Any sales structures shall meet the setback of the district in which located.

3.

No parking or sign shall be permitted on the road right-of-way.

4.

Christmas tree sales lots shall start no sooner than November 15 and shall be cleared by the first day of January.

(4)

Signs. In any residence district, only the following signs shall be permitted.

(a)

Nameplates. An unlighted sign not exceeding two (2) square feet in area and bearing only property numbers, post box numbers, names of occupants of premises or other identification of premises.

(b)

Notices. Legal notices, identification, informational or directional signs erected or required by governmental bodies and signs directing or guiding traffic and parking on private property but bearing no advertising.

(c)

Real estate signs. An unlighted for sale, rent or lease sign not exceeding four (4) square feet in area.

(d)

Outdoor off-premises advertising signs. All outdoor advertising signs permitted to be erected under this ordinance shall be erected after the passage of this ordinance a minimum distance of seven hundred fifty (750) feet from another such outdoor advertising sign on the same side of the road as measured along a line parallel to such road, except back-to-back sign structures may be considered as one sign.

(5)

Illumination of uses. Lighting used to illuminate signs, parking areas or for similar purposes, where permitted, shall be so arranged that the source of light does not shine directly into adjacent residential premises or into traffic.

(6)

Areas subject to inundation. Except as provided in Appendix B to the Gulfport Code, no structure shall be erected or altered where the land covered or to be covered by such structure has been designated by the building official, upon the advice of the city engineer, as subject to inundation, until the conditions making the land subject to inundation have been corrected. If such land is permitted to be used, it shall be only upon the condition that the owners thereof and their successors in interest have, by obtaining such permit, waived any claim against the City of Gulfport for damages caused by floodwater.

(7)

Temporary use permits. The building official may issue temporary use permits for commercial activity connected with special events provided that all of the following conditions are adhered to:

(a)

The Gulfport Mayor and Board of Commissioners must authorize a special event and designate a specific date for the event;

(b)

The temporary use must:

1.

Not be injurious to the health, safety and welfare of the citizens of Gulfport.

2.

Be placed in a zoning district that specifically allows the proposed activity.

3.

Be directly associated with and in close proximity to the special event.

4.

Not be allowed for more than seven (7) consecutive days nor for more than fourteen (14) days within a one-year period.

5.

Acquire all permits required by the City of Gulfport.

If all these conditions are met, the building official may issue a temporary use permit.

(8)

Temporary commercial uses in tents. The building official may issue a temporary use permit for retail sales to be conducted in a tent provided that all of the following conditions are adhered to: The applicant must submit a site plan for the proposed tent to the building official and the site plan must be approved by the fire chief, the city engineer, the traffic safety engineer, the planning director and the building official to ensure that all of the following conditions are met:

(a)

The proposed use must comply with all zoning ordinance regulations, including but not limited to parking, minimum setback requirements and maximum lot coverage.

(b)

The proposed use must comply with the city fire codes and/or the fire district regulations.

(c)

The proposed use must comply with all other applicable city codes and ordinances.

(d)

Tents will be allowed to be erected for a maximum of seven (7) days not to exceed twenty-one (21) calendar days during any one calendar year. A special exception may be granted by the building official for longer periods of time.

(e)

Tents will be allowed only as an accessory use to an existing commercial use that has a permanent structure on a legal building site.

(f)

A tent can only be placed on the building site as in (e) above.

(g)

Tents will not be allowed to occupy any of the minimum required off-street parking spaces that are necessary for the existing businesses located on the subject site.

(9)

Mobile food vendor. One who is engaged in the sale of prepared food from a motor vehicle equipped for the preparation and sale of said food. Sales of this nature are allowed in B-1, B-2, I-1, I-2, T-5, and T-6 zoning districts. In addition, such sales may be allowed in R-1, R-2, R-B, R-O, T-3, T4L, and T4+ zoning districts only at construction sites for a period of time not to exceed the completion of the construction project. Vendors are expected to vacate the premise on which such sales are being made once all patrons have been served. Extended parking for such sales is strictly prohibited. However, vendor may apply for a temporary Certificate of Zoning Compliance from the office of urban development for extended parking if it is connected with a special event for a commercial activity (Civic activities are excluded from this regulation), and adheres to the following conditions:

a.

Must be located on the same building site as the special event.

b.

Frequency of extended parking is restricted to no more than three (3) consecutive days nor for more than nine (9) days within a one-year period.

c.

Must submit a detailed site plan.

d.

Vehicle cannot be parked in a manner that blocks traffic aisles or reduces required parking on the site.

e.

Acquire any and all permits or licenses required by the City of Gulfport.

The sale of ice cream and snowballs from a motor vehicle equipped for such purposes is allowed in R-1, R-2, R-B, and R-O zoning districts subject to the following restrictions:

a.

Extended parking for such sales is strictly prohibited.

b.

Stopping shall be permitted only at the right-hand curbside of the street (right-hand shall be deemed to be the curb which is on the right side of the vehicle when facing the front thereof).

c.

Dispensing of food products shall be made only from a window on the curbside of subject vehicle.

d.

Each such vehicle shall be equipped with at least one (1) yellow caution flashing light which shall be in operation at all times when goods are being dispensed.

e.

Each such vehicle shall be equipped with a stop-arm assembly similar to that used on school buses for the control of traffic during the time such vehicle is stopped, and such stop-arm assembly shall be utilized at all times when goods are being dispensed and people are in the vicinity.

(10)

Townhouse, zero lot line and small house/small lot residential uses. The purpose of this district is to provide for the development of moderate- to high-density residential uses and structures in moderately spacious surroundings but so designed as to protect the health, safety and welfare of the public. It is the intent of this ordinance [subsection IV(A)(10)] that these uses be allowed where appropriate in the city where a protected environment suitable for moderate-density residential use can be provided, as well as in established moderate-density residential areas as a means to ensure their continuance. However, this use is appropriate on a smaller scale in the suburban portions of the city as a transitional or buffer zone between low-density residential districts and commercial districts, industrial districts or major transportation arteries, or other uses that are not compatible with a low-density residential environment. In fulfilling the purpose of this use, the townhouse or row house concept may be used which permits the construction of single-family dwellings immediately adjacent to one another without side yards between the individual units. The purpose of this use may also be fulfilled by the use of the zero lot line concept which permits the construction of detached single-family dwellings on lots without a side yard requirement on at least one (1) side of the lot. This concept permits better use of the entire lot by compacting the usual front, rear and side yards. The purpose of this use may also be fulfilled by the use of the small house/small lot concept which permits the construction of detached single-family dwellings on lots with more traditional side yard requirements. In order to allow any deviation from the following minimum requirements for these types of development, the developer must show evidence that such deviation will not adversely affect the health, safety and welfare of the public.

(a)

Regulations for townhouses and zero lot line dwellings.

1.

Minimum lot area:

a.

Townhouse development:

First two (2) dwelling units, three thousand eight hundred (3,800) square feet. Each additional dwelling unit, one thousand two hundred (1,200) square feet.

b.

Zero lot line development:

Each dwelling unit, two thousand eight hundred (2,800) square feet.

c.

Small house/small lot development:

Each dwelling unit, two thousand one hundred (2,100) square feet.

2.

Minimum lot width: Fourteen (14) feet for townhouses, twenty-eight (28) feet for zero lot line houses and thirty-seven (37) feet for small house/small lot houses, except that for corner lots the minimum shall be determined based on the minimum requirement as set forth in subsections IV(D)(3) and (6).

3.

Minimum front yard setback: The same as required for each zoning district in section III, District Regulations, except where the development contains units located on both sides of a street constructed by developer to the city's specifications. In this case, the minimum front yard setback shall be ten (10) feet.

4.

Minimum side yard setback: None for townhouses except that on corner lots the minimum side yard on the corner side shall be as required in paragraph 2. Also, the minimum side yard required for the townhouse unit located at the end of a row of townhouses shall be eight (8) feet from the exterior lot line. In zero lot line developments there shall be no minimum side yard required on one (1) side and fourteen (14) feet on the opposite side. However, for corner lots the minimum side yard required shall be fourteen (14) feet except as required in paragraph 2. Also, the minimum side yard required for the dwelling located adjacent to a lot that is not a part of the zero lot line development shall be fourteen (14) feet. With respect to small house/small lot developments, the minimum side yard required shall be eight (8) feet; however, for corner lots the minimum side yard required shall be fourteen (14) feet except as required in paragraph 2.

5.

Minimum rear yard setback: See section III. Yards required for townhouses and zero lot line houses. With respect to small house/small lot developments, the minimum rear yard setback shall be eight (8) feet.

6.

Maximum height: The maximum height measured from the foundation to the lower floor of the uppermost habitable level shall not exceed twenty (20) feet in R-1, R-2 and R-O districts. In all other zoning districts the maximum height is established in section III, District Regulations.

7.

Maximum lot coverage: A townhouse, zero lot line dwelling or small house/small lot dwelling, including accessory structures, shall not occupy more than seventy-five (75) percent of the lot area.

8.

A maximum length of row townhouses shall not exceed two hundred twenty-five (225) feet. When an end unit of row houses does not side on a street, an open space or court of at least twenty (20) feet in width shall be provided between it and the adjacent row of townhouses. However, where two (2) rows of townhouses, which together are less than two hundred twenty-five (225) feet in length and immediately adjacent to each other, this open space between the ends of the two (2) buildings may be reduced to a minimum of fifteen (15) feet.

9.

Townhouses shall be constructed up to side lot lines without side yards and no windows, doors or other openings shall face a side lot line except that the outside wall of end units may contain such openings.

10.

Zero lot line dwellings shall be constructed against the lot line on one (1) side of a lot and no windows, doors or other openings shall be permitted on this side. Where adjacent zero lot line dwellings are not constructed against a common lot line, the building or developer must provide for a perpetual wall maintenance easement of five (5) feet in width along the adjacent lot and parallel with such wall.

11.

Minimum off-street parking spaces shall be as required in section IV, except where a townhouse lot is less than eighteen (18) feet in width the required parking spaces may be designed so as to allow vehicles to be parked in a vertical line and each space shall be at least eight (8) feet wide and eighteen (18) feet long.

12.

All townhouses, zero lot line and small house/small lot developments shall be subject to the review and approval of the Gulfport City Fire Chief who shall establish any additional requirements necessary for proper fire protection.

13.

?With respect to small house/small lot developments, the minimum area for the development shall be one hundred twenty thousand (120,000) square feet, the development shall contain no more than twenty-five (25) dwelling units and a small house/small lot development may not be located closer than five thousand (5,000) feet from another small house/small lot development (measured between the closest boundary lines of each development). Further, small house/small lot developments shall be subject to all other applicable zoning ordinances not in conflict with this paragraph (section IV(A)(10)).

(11)

Mobile homes/manufactured homes.

(a)

Permissible locations. Replacement of mobile homes are permitted in legal mobile home parks and legal nonconforming mobile home parks, and are permitted on individual residential lots if all building site, building site coverage and required yards for the district are provided.

1.

Mobile homes/manufactured homes are allowed in approved mobile home parks for residential use only. Mobile homes/manufactured homes are allowed on individual lots only in the A-1 Agricultural districts and in the R-E Residential Estate (suburban) Residence districts.

2.

Mobile home/manufactured home parks are allowed only in an R-2 (General residential district) and an R-B (Residence-business district) and R-3 (Multifamily residence district) subject to the approval of the planning commission.

3.

Any use of a mobile home/manufactured home for purposes other than those specifically allowed in this ordinance are prohibited.

4.

Mobile home/manufactured home subdivisions are allowed in the R-3 district subject to the approval of the planning commission.

5.

Mobile homes/manufactured homes are allowed on individual lots as a special exception use in the R-1-5 single-family residence districts — medium density. While deliberating this special exception use, the planning commission shall take into consideration, but not be limited in the discussion to the desires of the neighborhood and the existence or nonexistence of mobile homes/manufactured homes in the surrounding area.

(b)

Park size and density.

1.

Minimum of three (3) contiguous acres of land.

2.

Minimum of seventeen (17) mobile home lots.

3.

Maximum density of ten (10) mobile home lots per acre.

(c)

Mobile home lot.

1.

Minimum mobile home lot. Two thousand eight hundred (2,800) square feet.

2.

Minimum of sixteen (16) feet separation of mobile homes from each other and from other structures located on other lots.

3.

No part of a mobile home or other facility placed on a lot shall be closer than ten (10) feet to a mobile home park street.

4.

A mobile home stand (pad) is required for each mobile home lot. Each pad shall be well drained, uniformly graded and compacted as approved by the city engineer.

5.

Ground anchors must be provided for each mobile home stand in accordance with the requirements set forth in the Southern Standard Building Code and each mobile home shall be properly secured to the ground anchors.

6.

A walking area such as a patio, deck, etc., shall be placed in front of the mobile home entrance. The walking area shall be constructed of concrete or other suitable material as approved by the planning commission and shall be a minimum of eight (8) feet wide by ten (10) feet long. If desired, an awning or other cover may be provided for the walking area and/or parking area. However, such awning or other cover must be attached to the mobile home and shall not be enclosed on the sides. In regard to yard setback requirements, except for the yard on the street side this cover shall not be considered as a structure.

(d)

Mobile home park traffic circulation.

1.

All mobile home parks shall abut a public dedicated street for at least thirty-five (35) feet and shall be provided with safe and convenient vehicular access from such street.

2.

Entrance driveways shall be located no closer than one hundred twenty (120) feet from the intersection of public streets.

3.

Streets in mobile home parks shall be private, but shall be constructed with a stabilized travelway (materials and construction methods as approved by the city engineer) that is regularly and properly maintained. The streets shall meet the following minimum stabilized travelway width requirements:

One-way, no parking, eleven (11) feet.

One-way, with parking on one (1) side, or two-way with no parking, eighteen (18) feet.

Two-way with parking on one (1) side, twenty-seven (27) feet.

Two-way with parking on both sides, thirty-four (34) feet.

4.

Turnarounds shall be provided for all dead-end roads. The minimum radius of a required turnaround shall be eighty (80) feet.

5.

At least one and one-half (1½) parking spaces shall be provided in the park per mobile home park lot. At least one (1) parking space shall be provided on the mobile home lot. Each parking space shall be paved and shall be at least eight (8) feet wide and eighteen (18) feet long exclusive of accessor maneuvering space.

6.

If speed breaks are deemed necessary by the planning commission, the construction plans must be approved by the city engineer.

(e)

Mobile home park accessory uses. Management headquarters, recreational facilities, coin-operated laundry facilities, service buildings and other accessory structures as permitted by the planning commission are allowed as accessory uses to the park.

1.

Service buildings. One (1) or more service buildings shall be provided at such locations as to be reasonably accessible to residents of the park. Service buildings shall include space and separation for a park manager's office, storage and maintenance equipment and supplies and recreational management. Service building space shall also be provided for tenant active storage of outdoor equipment, furniture and tools and for inactive storage of such material as is used only seasonally or infrequently. A minimum of one hundred fifty (150) cubic feet for general storage for each mobile home lot shall be provided on the lot or within one hundred (100) feet of the lot. Storage facilities shall be constructed of suitable weather resistant materials. No service building shall be located closer than five (5) feet to any mobile home or other structure and shall not be placed over any collector sewer or sewage disposal facility.

2.

The accessory uses and structures are intended to serve only the residents of the park.

(f)

Parks open space and recreational areas.

1.

A minimum of eight (8) percent of the gross mobile home park area shall be set aside and developed as common use areas for open or enclosed recreation facilities. No street, storage area, mobile home lot or utility site shall be included in meeting recreational purposes.

(g)

Mobile home park setbacks and screening. Each mobile home park shall have set aside along the perimeter of the property line the following areas which shall be landscaped and used for no other purpose.

1.

Minimum park front setback. Twenty-five (25) feet except when the park abuts a designated major thoroughfare; then the minimum shall be fifty (50) feet.

2.

Minimum side setback. When abutting residential districts, the side setback shall be fifteen (15) feet; when abutting a dedicated public right-of-way, the side setback shall be twenty-five (25) feet on the side street; when abutting a designated major thoroughfare, the minimum shall be fifty (50) feet; when abutting any other zoning district, the side setback shall be fifteen (15) feet along the interior lot line.

3.

Minimum park rear setback. Fifteen (15) feet except when the rear yard abuts a dedicated public right-of-way the minimum shall be twenty-five (25) feet. If the rear yard abuts a designated major thoroughfare, the minimum rear setback shall be fifty (50) feet.

4.

Where needed to enhance aesthetics or to ensure public safety, the park grounds shall be enclosed by a fence, wall, landscape screening, earth mounds or by other designs approved by the planning commission which will compliment the landscape and ensure compatibility with the adjacent environment.

(h)

Mobile home park utilities. Privies, septic tanks, underground absorption fields, sewerage lagoons, the use of "honey wagons," package type treatment facilities and other types of private waste water treatment systems are strictly prohibited. Also prohibited is the use of private water supply systems. The mobile home park shall under all circumstances connect to the City of Gulfport's water supply and waste water disposal systems. Storm water sewers shall be separate and apart from any sewers intended for the conveyance of sanitary sewage.

1.

Electrical and gas supply systems. All electrical and gas equipment installations within a mobile home park shall be in compliance with the codes of the City of Gulfport, Mississippi, governing the same.

2.

Lighting. Adequate lighting shall be provided for all streets, walkways, buildings and other facilities subject to nighttime use. Exterior illumination shall be provided as follows:

a.

Streets. An average illumination level of six-tenths (0.6) of a footcandle and a minimum level of one-tenth (0.1) of a footcandle.

b.

Service buildings. Illumination levels of at least five (5) footcandles shall be maintained at the entrance.

c.

Common parking areas. Illumination levels of at least one and five-tenths (1.5) footcandles but not more than five (5.0) footcandles measured at pavement level shall be maintained in common parking areas.

3.

Swimming facilities. If provided, such facilities shall be designed in accordance with the codes of the City of Gulfport governing the same and applicable regulations of the Mississippi State Board of Health and/or the Mississippi Air and Water Pollution Control Commission.

(i)

Refuse disposal.

1.

The storage, collection, and disposal of refuse shall be performed so as to minimize accidents, fire hazards, air pollution, odors, insects, rodents or other nuisance conditions.

2.

Durable, watertight, easily cleanable refuse containers, sufficient to contain all the refuse, shall be provided at each service building, or at a central storage area readily accessible and located not more than three hundred (300) feet from any lot unless provided at the lot. Refuse containers shall be provided at the rate of eight (8) cubic feet (sixty (60) gallons) for each five (5) lots or the equivalent thereof if containers are provided at individual lots.

3.

All solid waste generated by a mobile home park shall be stored and disposed of in accordance with the Mississippi State Board of Health Regulations governing solid waste management and codes of the City of Gulfport, Mississippi, governing the same.

(j)

Fire protection.

1.

Mobile home parks must have fire hydrants connected to a eight-inch city water main that are within five hundred (500) feet of every mobile home lot.

(k)

Nonconforming uses.

1.

A legal nonconforming mobile home park may be continued so long as it remains otherwise lawful. However, from the effective date of this ordinance [subsection IV(A)(11)] a nonconforming mobile home park may not be enlarged either to increase the number of mobile home stands or to enlarge the total area except in conformity with this ordinance [subsection IV(A)(11)]. Replacement of mobile homes are permitted only in legal mobile home parks and legal nonconforming mobile home parks.

State Law reference— State board of health, Miss. Code Ann. 1972, § 41-3-1 et seq.

(11A)

Mobile homes on individual lots.

(a)

Manufactured (mobile) homes shall be set on and secured to a permanent foundation as approved by the staff of the city.

(b)

Manufactured (mobile) homes shall be connected to all utilities in basically the same manner as a permanent residence so that all connections are sanitary, safe and do not create a nuisance.

(c)

Manufactured (mobile) homes shall be equipped with approved manufactured skirting and permanent steps fastened to the ground.

(d)

All manufactured (mobile) homes on separate lots shall meet all the requirements of the district in which it is located.

(e)

The site on which each manufactured home/mobile home is located will contain a hard surfaced area for parking at least two (2) motor vehicles within the required setback area.

(11B)

Mobile home/manufactured home subdivisions.

(a)

Each mobile home/manufactured home subdivision shall comply with the requirements and standards of the subdivision regulations of the city.

(b)

Each mobile home/manufactured home subdivision shall be directly accessible to a collector street or street of higher classification. There shall be no accessibility or connection between mobile home/manufactured home subdivisions and single-family subdivisions.

(c)

Area and width minimums.

1.

Minimum area for a subdivision. Three (3) acres.

2.

Minimum width for portions used for entrances and exits and for residential purposes. One hundred (100) feet.

(d)

Minimum number of lots completed at time of first occupancy. Ten (10).

(e)

Lot density and area.

1.

Maximum density of lots per gross acre. Five (5).

2.

Minimum area for individual home lot shall be seven thousand five hundred (7,500) square feet.

(f)

Required yards at the edge or boundary of the subdivision shall be twenty-five (25) feet, contain no accessory buildings and shall be treated as front yards for the district.

(g)

All required lot sizes shall comply with the R-3 district regulations.

(h)

Where lots on the perimeter of the development abut adjacent single-family development, they shall meet the following requirements:

1.

Contain only manufactured homes/manufactured homes meeting all residential standards as approved by the city.

2.

Provide a twenty-five (25) foot landscaped buffer from the property line.

3.

Provide a screening material along the property line such as a solid fence or wall not less than six (6) feet high.

(i)

Each manufactured home/mobile home located in a mobile home/manufactured home subdivision shall be placed on a permanent foundation as approved by the city. Every effort shall be made to insure compatibility with the surrounding residential properties in terms of pitch of roof, exterior materials and landscaping.

(12)

Recreational vehicles.

(a)

Permissible locations. Recreational vehicles shall not be occupied or used at any time for any purpose other than temporary residential use and when used as such, it must be located in a legal recreational vehicle park. However, a self-contained recreational vehicle may be used by an individual owner for a period not to exceed two (2) consecutive days within a thirty (30) day period provided that such recreational vehicle is parked on property on which the owner's principal residence is located.

(b)

Park size and density.

1.

Minimum of three (3) acres of land.

2.

Minimum of forty (40) recreational vehicle sites.

3.

Maximum density of eighteen (18) recreational vehicle sites per acre.

(c)

Recreational vehicle site.

1.

Minimum recreational vehicle site. One thousand five hundred (1,500) square feet.

2.

Minimum recreational vehicle site lot width. Thirty (30) feet.

3.

Minimum of ten (10) feet separation of recreational vehicles from each other and from other structures.

4.

No part of a recreational vehicle or other unit placed on a recreational vehicle site shall be closer than five (5) feet to a site line.

5.

Each site shall contain a stabilized parking pad of shell, marl, gravel or other suitable material.

(d)

Recreational vehicle park traffic circulation.

1.

All recreational vehicle parks shall abut upon a public dedicated street for at least thirty-five (35) feet and shall be provided with safe and convenient vehicular access from such street.

2.

Entrance driveways shall be located no closer than one hundred twenty (120) feet from the intersection of public streets.

3.

Streets in recreational vehicle parks shall be private, but shall be constructed with a stabilized travelway (materials and construction methods as approved by the city engineer) that is regularly and properly maintained. The street shall meet the following minimum stabilized travelway width requirements:

4.

Turnarounds shall be provided for all dead-end roads. The minimum radius of a required turnaround shall be eighty (80) feet.

5.

At least one and one-half (1½) parking spaces shall be provided in the park per recreational vehicle site. At least one parking space shall be provided at the recreational vehicle site. Each parking space shall be composed of stabilized compacted material (shell, marl, gravel, paving or other suitable material). Each parking space shall be at least eight (8) feet wide and eighteen (18) feet long exclusive of a maneuvering area.

(e)

Recreational vehicle park accessory uses. Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundry facilities and other uses and structures customarily incidental to operation of a recreational vehicle park and campground are permitted as accessory uses in recreational vehicle parks in districts where such uses are not allowed as principal uses, subject to the following restrictions:

1.

Such establishments and the parking areas primarily related to their operation shall not occupy more than five (5) percent of the gross area of the park.

2.

Such establishments shall be restricted to serve only occupants of the park.

3.

Such establishments shall present no visible evidence from any street outside the park of their commercial character which would attract customers other than occupants of the park.

4.

The structures housing such facilities shall not be located closer than one hundred (100) feet to any public street and shall not be directly accessible from any public street, but shall be accessible only from a street within a park.

(f)

Park open space and recreational areas.

1.

A minimum of eight (8) percent of the gross recreational vehicle park area shall be set aside and developed as common use areas for open or enclosed recreation facilities. No required buffer strip, street, storage area, recreational vehicle site or utility site shall be included in meeting recreational purposes.

(g)

Recreational vehicle park setbacks and screening. Each recreational vehicle park shall have set aside along the perimeter of the property line the following areas which shall be landscaped and used for no other purpose:

1.

Minimum park front setback. Twenty-five (25) feet except when park abuts on a designated major thoroughfare; then the minimum shall be fifty (50) feet.

2.

Minimum side setback. When abutting residential districts, the side setback shall be fifty (50) feet; when abutting a dedicated public right-of-way, the side yard setback shall be twenty-five (25) feet on the side street; when abutting a designated major thoroughfare, the minimum shall be fifty (50) feet; when abutting any other zone district, the side setback shall be fifteen (15) feet along the interior lot line.

3.

Minimum park rear setback. Fifteen (15) feet except when the rear yard abuts a dedicated public right-of-way or a residential district. If the rear yard abuts a public right-of-way, the minimum shall be twenty-five (25) feet. If the rear yard abuts a designated major thoroughfare, the minimum shall be fifty (50) feet. If the rear yard abuts a residential district, the minimum rear setback shall be fifty (50) feet.

4.

Where needed to enhance aesthetics or to ensure public safety, the campgrounds shall be enclosed by a fence, wall, landscape screening, earth mounds or by other designs approved by the planning commission which will compliment the landscape and ensure compatibility with the adjacent environment.

(h)

Permanent occupancy prohibited.

1.

No recreational vehicle shall be used as a permanent place of abode, dwelling or business or for indefinite periods of time. Continuous occupancy extending beyond six (6) months in twelve-month periods, shall be presumed to be permanent occupancy.

2.

Any action toward removal of wheels of a recreational vehicle except for temporary purpose of repair or to attach the vehicle to the grounds for stabilizing purposes is hereby prohibited.

(i)

Recreational vehicle park utilities. Privies, septic tanks, underground absorption fields, sewerage lagoons, the use of "honey wagons," package type treatment facilities and other types of private waste water treatment systems are strictly prohibited. Also prohibited is the use of private water supply systems. The recreational vehicle park shall under all circumstances connect to the City of Gulfport's water supply and waste water disposal systems. Storm water sewers shall be separate and apart from any sewer intended for the conveyance of sanitary sewerage. All utility receptacles and facilities shall be designed in such a manner as to provide protection of the receptacle or facility from damage.

1.

Recreational vehicle sanitary waste disposal stations.

a.

One recreational vehicle sanitary waste disposal station shall be provided for each one hundred (100) recreational vehicle stands, or part thereof, which are not equipped with individual sewer connections.

b.

Sanitary waste disposal stations shall be located not less than fifty (50) feet from a recreational vehicle site or other residential area.

c.

The disposal hatch of a sanitary waste disposal station shall be connected to the city's sewer system.

2.

Recreational vehicle flushing facilities. A means for flushing the immediate area of a sanitary waste disposal station and a camping vehicle holding tank shall be provided at each sanitary waste station. If individual sewer connections are provided, one flushing facility shall be provided for each one hundred (100) recreational vehicle stands or part thereof. Flushing facilities shall be located not less than fifty (50) feet from a recreational vehicle site or other residential area. Adjacent to the flushing outlet there shall be posted a sign constructed of durable material, not less than two (2) feet square, and inscribed thereon in clearly legible letters shall be: "Danger—Not To Be Used For Drinking Or Domestic Purposes."

3.

Recreational vehicle water station. A water station for fillingcamping vehicle water storage tanks shall be provided at the rate of one station for every one hundred (100) recreational vehicle stands or part thereof. These shall be located not less than fifty (50) feet from a sanitary station. The station shall be posted with signs of durable material, not less than two (2) square feet in size, and inscribed thereon in clearly legible letters shall be: "Potable Water—Do Not Use To Flush Waste Tanks."

4.

Toilet and shower facilities. Required toilet, lavatory and bathing facilities shall be provided in the following minimum numbers:

a.

One toilet and one lavatory shall be provided for each sex at the rate of one each for every fifteen (15) recreational vehicle sites or fraction thereof.

b.

One shower shall be provided for each sex for every thirty (30) recreational vehicle sites or fraction thereof.

c.

The plumbing shall be installed in accordance with the codes of the City of Gulfport, Mississippi governing the same.

5.

Sewerage facilities, washroom or toilet facilities and water supply. All sewerage facilities, washroom or toilet facilities and water supply shall comply with the sanitary regulations of the Mississippi State Board of Health, and/or Mississippi Air and Water Pollution Control Commission where applicable.

6.

Electrical and gas supply systems. All electrical and gas equipment installations within a recreational vehicle park shall be in compliance with the codes of the City of Gulfport, Mississippi, governing the same.

7.

Lighting. Adequate lighting shall be provided for all streets, walkways, buildings and other facilities subject to nighttime use. Exterior illumination shall be provided as follows:

a.

Streets. An average illumination level of six-tenths of a footcandle and a minimum level of one-tenth of a footcandle.

b.

Service buildings. Illumination levels of at least five (5) footcandles shall be maintained at the entrance.

c.

Common parking areas. Illumination levels of at least one and five-tenths (1.5) footcandles but not more than five (5.0) footcandles measured at pavement level shall be maintained in common parking areas.

8.

Swimming facilities. If provided, such facilities shall be designed in accordance with the codes of the City of Gulfport governing the same and applicable regulations of the Mississippi State Board of Health and/or the Mississippi Air and Water Pollution Control Commission.

State Law reference— Natural resources commission to assume duties and responsibilities of air and water pollution control commission, Miss. Code Ann. 1972, § 49-17-7.

(j)

Refuse disposal.

1.

The storage, collection and disposal of refuse shall be performed so as to minimize accidents, fire hazards, air pollution, odors, insects, rodents or other nuisance conditions.

2.

Durable, watertight, easily cleanable refuse containers, sufficient to contain all the refuse, shall be provided at each service building and sanitary waste station, or at a central storage area readily accessible and located not more than three hundred (300) feet from any camp or picnic site unless provided at the campsite. Refuse containers shall be provided at the rate of at least one twenty-gallon container for each two (2) campsites.

3.

All solid waste generated by a recreational vehicle park shall be stored and disposed of in accordance with the Mississippi State Board of Health Regulations Governing Solid Waste Management and the codes of the City of Gulfport, Mississippi, governing the same.

(k)

Nonconforming uses.

1.

A legal nonconforming recreational vehicle park may be continued so long as it remains otherwise lawful. However, from the effective date of this ordinance [subsection IV(A)(12)], a nonconforming recreational vehicle park may not be enlarged either to increase the number of recreational vehicle sites or to enlarge the total area except in conformity with this ordinance [subsection IV(A)(12)].

(13)

Gaming.

(a)

Prerequisites: Before any planning approval for applications for construction of gaming establishments or accessory structures can be accepted by the planning division of the department of urban development for processing, the applicant shall present either a completed application for the intention of obtaining a license or a bona fide copy of a valid license from the Mississippi Gaming Commission. Completion of the city's review procedure may be suspended, pending the outcome of the state gaming commission's investigation or adverse disposition with respect to state license issuance.

(b)

Application filing fee. Five hundred dollars ($500.00).

(c)

Building site area. The minimum building site area shall be seven (7) acres of contiguous land, which minimum acreage is comprised of uplands or fastlands only and not bottomlands or tidelands.

(d)

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

(e)

Building height limit. To allow greater flexibility in building design of a gaming development, the additional setbacks of section IV(C), shall be required for gaming developments for only the portion of the building exceeding the maximum building height permitted of the Entertainment Gaming district. Other requirements of section IV(C), shall be maintained.

(f)

Parking and loading regulations.

1.

[Off-street parking, loading.] Off-street parking and loading requirements provided in section VI shall apply, except that the construction of satellite parking lots/facilities may be utilized in lieu of providing on-site parking accommodations if and only if an appropriate and preapproved means of transportation to and from the satellite lot/facility is provided throughout the duration for the use for which this nonadjacent parking has been so arranged.

2.

Number of parking spaces required. One (1) parking space for each fifty (50) square feet of gaming floor area plus one (1) space for each employee at maximum employment on a single shift. All other accessory uses shall meet individual parking space requirements under section VI.(A)(4). The gaming establishment shall address the need for bus parking to serve the facility and at least one and one-half (1.5) percent of all required parking spaces shall be bus parking.

3.

Minimum bus parking space size. Twelve (12) feet in width and forty-five (45) feet in length exclusive of access or maneuvering area, ramps and other appurtenances.

(g)

Landscaping requirements.

1.

General landscaping requirement. A minimum of fifteen (15) percent of the site shall be landscaped in such a manner as to soften the appearance of the development from the street; break up the parking lot; and /or buffer adjoining land uses.

2.

[Green spaces.] Green spaces shall be required between parking lots and property lines, and shall be a minimum of ten (10) feet in width.

3.

[Trees.] One (1) tree is required for every thirty (30) linear feet of green space along property lines. The species of tree must be approved by this city to prevent damage to street and sidewalks.

4.

[Shrubs.] If a required landscape area lies beneath a utility service line, suitable shrubs may be substituted instead of trees.

5.

A variety of species shall be planted with no more than fifty (50) percent being any one species.

6.

All plant materials must meet minimum standards as set forward by the City of Gulfport arborist.

7.

A hedge, decorative fence, building, soil berm or other visual landscape barrier shall be placed in such a manner as to screen the vehicular area from adjacent properties and/or from public streets. Said barrier shall be a minimum height of four feet (4') but shall not cause visibility problems for the safe movement of traffic on or adjacent to the site. Wire mesh fencing, commonly referred to as "chain link" fencing, is not permissible.

8.

Any areas on the site which have been disturbed and are not planted with trees, shrubs or ground cover shall be planted with turf grasses or other city approved plant material.

9.

Parking lot landscape islands shall be a minimum of 70 square feet, with the smallest dimension to be no less than four feet (4') in width. A minimum of one tree is required for each parking lot landscape island. The remaining portion of the island shall be landscaped with a minimum of one (1) tree per every fifteen (15) linear feet. The remaining portion shall be turf grass, shrubs or ground cover excluding gravel, sand and pavements.

10.

A landscaped area not less than five feet (5') in width must span the entire length of a building between the parking lot area and the building.

11.

A design which helps to relieve the monotony or increases the tree cover potential of the paved vehicular area is encouraged.

12.

Landscaped divider medians are required for parking areas over 100 spaces. Such medians must be a minimum of seven feet (7') wide (not including any curbs, paving or sidewalks) and shall have one (1) tree per thirty (30) linear feet.

13.

All service areas shall be screened with a combination of screen fencing and shrubs with a minimum height of four feet (4') in height at planting and six feet (6') in height at maturity. Wire mesh fencing, commonly referred to as "chain link" fencing, is not permissible.

(h)

Special sign regulations. Portable signs of any type are prohibited.

(i)

Submission of master plan. The planning commission shall require applicants to provide as master plan which among other things, will assist appeals and the Gulfport City Planning Commission in determining what the developers propose, where they intend to construct same, and when it will be accomplished.

Among other things, the master plan will assist these boards with:

1.

Establishing the compatibility of the proposed development with its surroundings;

2.

Analyzing traffic flow and traffic congestion considerations;

3.

Availability and location of parking;

4.

Determining the potential impact of the proposed operations on the city's infrastructure such as streets, water, and sanitary sewerage collection and disposal;

5.

Determining the potential impact, which could result in an increased need for municipal services such as public safety.

The master plan shall include the following elements and other information as may be required by the planning division to insure that the purposes of the city's comprehensive plan and its zoning ordinance are met:

1.

A site plan depicting the location of all facilities, (i.e., location of buildings, boats, barges, parking lots, hotel, etc.);

2.

A detailed floor plan showing proposed uses of the structures and elevations with scaled dimensions;

3.

Photographs, artists' renderings, or other visual documents that will assist the city in establishing compatibility;

4.

Information relative to the number, length and width of buildings, boats and barges; gross and net floor areas, the total number of employees at maximum employment per single shift; total occupant load; the number of visitors expected daily, monthly, yearly, peak traffic times and days; hours of operation; impact on municipal services and infrastructure (i.e. water, sewer, and other utilities);

5.

Number of parking spaces to be provided and the layout and location of the parking lots. If satellite lots will be employed, leases or contracts committing specific parking spaces to the gaming establishment coupled with an acceptable shuttle bus or other appropriate plan to transport guests to and from the gaming establishment must be included. Bona fide contracts attesting to all parking and shuttle arrangements must be provided;

6.

Traffic study including expected access routes to and from the gaming establishment both on-site and off-site, width of roads, expected traffic volumes, expected turning movements, and traffic improvements needed;

7.

Street and sidewalk improvements, traffic control, and signalization necessary to properly service the gaming establishment;

8.

Expected infrastructure improvements such as water, natural gas, electricity, drainage, and sanitary sewerage collection; to include location of improvements, size of pipes, etc.;

9.

Requirements for on-site security including parking areas, fire protection, etc.;

10.

Evacuation plan demonstrating the capability of the vessel/cruise vessel to be detached from the dock and moved to a specified safe harbor or other acceptable destination in the event of hurricane or other catastrophic occurrence, as determined by the civil defense director or other governmental official so authorized to render a state of emergency.

The planning commission may require as conditions to grant planning approval use for the establishment of a gaming establishment, the following:

1.

Evidence of the site control for all lands necessary for the full and complete implementation of the master plan; copies of all applicable contracts, leases, and permits from federal and state, and agencies, and companies.

2.

Landscaped buffer areas of sufficient length and width as necessary to protect adjoining uses from any adverse impact from noise, traffic, lights, etc. from a gaming establishment.

3.

A legally binging agreement from the applicant that:

a.

All permanent improvements to be constructed shall be to the standards of the latest editions of the building and related codes adopted by the City of Gulfport.

b.

Water system improvements necessitated by any gaming establishment and ancillary facilities shall be designed and constructed in accordance the standards and requirements of the City of Gulfport and at the sole expense of the developer and at no cost to the City of Gulfport.

c.

Sanitary sewer system improvements necessitated by the gaming establishment and ancillary facilities shall be designed and constructed in accordance with the standards and requirements of the City of Gulfport and at the sole expense of the developer and at no cost to the City of Gulfport.

d.

Stormwater drainage system improvements necessitated by the gaming establishment and ancillary facilities shall be designed and constructed in accordance with the standards and requirement of the City of Gulfport and at the sole expense of the developer and at no cost to the City of Gulfport. The stormwater drainage system shall be designed as to not exceed preconstruction water runoff discharge unless approved by the city engineer.

e.

A fire suppression system shall be installed in compliance with the adopted fire codes of the City of Gulfport and in accordance with requirements of the Gulfport Fire Department and the Mississippi Fire Rating Bureau.

f.

Public emergency response equipment necessitated by the gaming establishment and ancillary facilities shall be designed and constructed in accordance with the standards and requirement of the City of Gulfport and at the sole expense of the developer and at no cost to the City of Gulfport.

g.

New access streets (or alternatively improving, upgrading/widening of existing streets) shall be designed and constructed in accordance with the standards and requirements of the City of Gulfport and at the sole expense of the developers and at no cost to the City of Gulfport.

h.

The developers shall dispose of garbage, trash, and other solid waste in a manner consistent with applicable federal, state and local laws.

i.

The developer shall be required to submit the certification of any vessel from the United States Coast Guard. In addition to the certification, the developer shall submit the periodic fire safety inspection reports from the U.S. Coast Guard to the City of Gulfport.

j.

(1)

A land-based gaming establishment shall be open for occupancy within four (4) years after approval of the use under the E-G district by the Gulfport Planning Commission, with "occupancy" to be determined as the date of issuance of a certificate of occupancy by the city building official or his or her designee.

(2)

Any vessel or other nonland-based facility temporarily used for a preliminary or initial gaming entertainment site shall be removed from the site within four (4) years after approval of the use under the E-G district by the Gulfport Planning Commission.

(3)

A land-based hotel consisting of a minimum of four hundred (400) hotel rooms must be constructed on the gaming site in conjunction with the gaming entertainment and shall be open for occupancy within four (4) years after approval of the use under the E-G district by the Gulfport Planning Commission, with "occupancy" to be determined as the date of issuance of a certificate of occupancy by the city building official or his or her designee.

k.

Other requirements as may be deemed necessary, appropriate and in the interests of the public health, safety, and welfare.

Completion of the improvements set forth in the agreement shall be condition before a certificate of occupancy shall be issued for any use and no vessel, building or facility will be occupied until said improvements are constructed and operational. If construction or improvements is not completed as proposed within two (2) years, a time extension must be obtained from the planning commission before the two (2) year timeframe of approval expires or the approval shall be null and void.

(14)

Satellite dish antennas in residence districts. Satellite dish antennas accessory to a permitted use may be located in any residentially zoned district under the following conditions:

(a)

The satellite dish antenna shall be ground mounted.

(b)

The satellite dish antenna shall not be located in any required front or side yard.

(c)

Only one satellite dish antenna shall be permitted per lot.

(d)

Satellite dish antennas with a diameter measuring less than one meter may be installed in a manner consistent with typical television antennas, or in accordance with manufacturer's instructions.

(e)

Satellite dish antennas shall be used for private noncommercial purposes.

(f)

Satellite dish antennas shall be screened from ground view from the street and from adjacent properties by a six (6) foot high wood or masonry fence or by natural plants or trees of equal minimum height so planted as to provide maximum opacity.

(15)

Satellite dish antennas in nonresidence districts. Satellite dish antennas accessory to a permitted use may be located in any nonresidential district under the following conditions:

(a)

The satellite dish antenna shall not be located in any required front or side yard.

(b)

Roof-mounted antennas may be erected on the roof of the principal building to a maximum height of fifteen (15) feet above the roof of the existing building. However, roof-mounted satellite dish antennas shall not be visible between ground level and ten (10) feet above ground level from any street or from residentially zoned property adjoining the lot.

(c)

Satellite dish antennas with a diameter less than one meter may be installed in a manner consistent with typical television antennas, or in accordance with manufacturer's instructions.

(d)

Ground mounted satellite dish antennas shall be screened from the street and from any adjacent residentially zoned property by a six (6) foot high wood or masonry fence or by natural plants or trees of equal minimum height so planted as to provide maximum opacity.

(16)

Landscaping.

(a)

Landscaping shall be provided on all properties and developments which are zoned for multifamily residential, business, or industrial uses. A minimum of ten (10) percent of the site shall be landscaped with appropriate plant material and trees. This ten (10) percent shall be calculated on the total square footage of the site. Retention/detention ponds shall not be counted as a part of the ten (10) percent requirement.

(b)

When the site fronts on an arterial road or major thoroughfare, as designated by the city's adopted transportation plan, a minimum ten (10) foot landscaped strip shall be provided along the frontage of this major road. The landscape frontage may be included in the ten (10) percent requirement.

(c)

On sites which have a topographic or drainage feature which renders that portion of the lot unusable, these unused portions shall not be counted as the ten (10) percent requirement.

(B)

Supplementary area regulations.

(1)

Dwelling on small building site. Where a lot or lots located in a residence district contains less than the minimum required building site area for the district and on the effective date of this ordinance was lawfully existing and of record and held in separate and different ownership from any lot immediately adjoining and having continuous frontage, such lot may be used as the building site for a one-family dwelling.

(2)

Business or industry on small building site. Where a lot or lots located in an industrial district, in a residence business district or in a residence-office district contains less than the minimum required building site area for the district and on the effective date of this ordinance was lawfully existing and of record and held in separate and different ownership from any lot immediately adjoining and having continuous frontage, such lot may be used as the building site for any use permitted in the district.

(C)

Supplementary height regulations.

(1)

Height exceptions. The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, parapet walls, cornices or necessary mechanical appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(2)

Excess height. Upon application filed with the zoning board of adjustment and appeals, a hearing thereon and upon approval thereof, any main structure may be erected or altered in any district to a height in excess of that specified for the district in which the structure is located provided that the excessive height is in harmony with land uses and growth and development within the neighborhood and generally with existing and future development located within the city and that each dimension provided herein for required front, side and rear yard is increased one foot every two (2) feet of such excess height; provided, further, where no yard is required, the part of the structure exceeding the height specified for the district shall be set back from the vertical lane of the adjacent building site line one (1) foot for every two (2) feet of such excess height. The erection or alteration of any structure to a height exceeding fifty (50)

feet shall be permitted only upon certification by the chief of the Gulfport Fire Department that the necessary facilities and equipment are available for protection of the higher structure.

(3)

Compensating bulk and open space. To permit variety in the shape and bulk of structures, upon approval of the planning commission and subject to such limitations as it may prescribe for the protection of adjacent property, in any district, part of a main structure may be erected or altered to a height in excess of that specified for the district in which the structure is located, provided a volume of space at least equal to the volume of space occupied by the part of the structure exceeding the height limit is provided and kept open below the height limit. It is intended that such open space below the height limit shall compensate for the bulk above the height limit, and to this end both the excess bulk and the compensating open space shall be provided on the same building site.

(D)

Supplementary yard regulations.

(1)

Buffer planting strips. Wherever the boundary of a building site in a B-1, B-2, B-3, E-G, I-1 or I-2 district adjoins an R-1, R-2, R-O or R-B district, and where a business use in an R-B district adjoins a one-family, two-family or multiple-family dwelling, there shall be provided on such business or industrial building site a buffer strip not less than fifteen (15) feet in width. Any required yard shall comply with the following regulations:

(a)

Landscaping. Screen planting shall be provided in sufficient density and of sufficient height to afford protection to the residence district from the glare of lights, from blowing paper, dust and debris, from visual encroachment, and to effectively reduce the transmission of noise. Screen planting shall be maintained in a clean and neat condition. The initial height of the planting must be a minimum of four (4) feet and of such a variety that the vegetation will grow to a minimum height of seven (7) feet within twenty-four (24) months of planting.

(b)

Use of land. No part of a buffer planting strip shall be used for any purpose other than screen planting unless such screen planting is provided adjacent to the residence district or residentially used property in an R-B and R-O districts in sufficient depth and density to accomplish the purpose of protection, in which case as much as five (5) feet of the required fifteen (15) feet may be used for parking or other open space uses not in conflict with the purpose of protection of the adjacent residence district nor in violation of any other provision of this ordinance.

(c)

Screen wall. If a lot of record on the effective date of this ordinance is so unusually small that enforcement of the minimum required buffer planting strip precludes the reasonable use of the property, then a variance may be considered upon approval of the board of adjustment, and subject to such conditions as it may prescribe as necessary to achieve the purpose of screen planting, a solid screen wall of permanent material eight (8) feet high with a buffer planting strip no less than ten (10) feet in width may be substituted for the screen planting.

The requirements for a buffer planting strip may be waived by the board of commissioners in amending this ordinance to create or expand a business or industry district upon a report from the planning commission stating that future extension of the business or industry district is anticipated and that the proposed building wall will present an acceptable appearance to the adjacent residence district. Waiver of the requirement for a buffer planting strip shall not constitute waiver of any side yard requirement.

(2)

Minimum side yard width. In any district where side yards are not required by the district regulations, if a side yard is provided it shall have a width of at least five (5) feet.

(3)

Corner building site. In any district, a corner building site having to its rear a building site facing toward the intersecting or side street shall have provided on the intersecting or side street side of the corner building site a side yard having a width equal at least to the depth of the front yard required for a structure on the building site to the rear of the corner building site; provided, however, that this regulation shall not be applied to reduce the buildable width of the corner building site to less than thirty (30) feet.

(4)

Visibility at intersections. On a corner building site in any district in which a front yard is required, no fence, wall, hedge, structure or planting creating a material impediment to visibility between the heights of three (3) feet and eight (8) feet above the street grade at the intersection shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line connecting such street lines at points equidistant from such point of intersection and passing through a point, which point is the intersection of lines defining the required front and side yards. Off-street and on-street parking within the subject triangular area is especially prohibited.

(5)

Side yard exception for small lots. Where side yards are required and a lot of record is less than sixty (60) feet in width and on the effective date of this ordinance was lawfully existing and of record, each side yard shall have a width of not less than two-fifteenths ( 2/15 ) the width of the lot; provided, however, that in no case shall either side yard have a width of less than five (5) feet.

(6)

Major street right-of-way. Front yard depth, and in the case of a corner building site, side yard width shall be measured from the future street right-of-way of a major street established on the Plan for Circulation (Major Street Plan), a part of the Master Plan for the City of Gulfport.

(7)

Fences, walls, and hedges.

(a)

General design and material regulation.

1.

All privately owned fences, walls, and hedges must be on the property owned by the owner of the subject fence and must not be in any right-of-way.

2.

Ground level may not be altered for purposes of allowing a higher fence, wall, or hedge.

3.

Unless otherwise stated in this section and where the maximum heights allowed for any fence, wall, or hedge are in conflict; the shortest maximum height shall apply.

4.

Customary fencing around tennis courts and other recreational amenities shall follow the height restrictions and setbacks of the district and shall comply in all other respects with the terms of this section.

5.

Subdivision entrance features—commonly used to identify subdivisions—must only be at the entrances to a subdivision and must not be higher than six (6) feet above grade. The feature may be on any property line adjacent to a right-of-way provided it does not inhibit the visibility of traffic, is compliant with Section (D) (4) Visibility at intersections, and shall otherwise comply in all other respects with the terms of this section.

6.

Gates must not be designed to swing across property lines or to swing into any right-of-way.

7.

Fences, walls, and hedges adjacent to a less intense zoning designation must follow the fencing regulations of the less intense zone.

8.

Fencing and wall material must be an imitation of or be actual brick, wood, stucco or wrought iron. Fence types include stockade, split rail, picket, wrought iron, decorative bollard, and chain link and are typically constructed of wood, vinyl, and veneered metal. In industrial districts, painted metal panels may be allowed with the exception that no unarticulated length shall exceed one-foot (1'). Walls are typically solid-opaque structures constructed of stone or masonry. Materials and finishes should be durable and easily maintained and fencing and walls shall be compatible with the design of the principle building.

Fences and walls shall not be constructed of electrically charged wire and wire fences such as those with hardware cloth, chicken wire, agriculture, or others. Moreover, materials not specifically manufactured for permanent fencing are not allowed, and no fence shall be made of, in whole or in part, cloth, canvas or other like material. The cut or selvage end of wire or metal fencing materials may not be exposed at the top of a fence if the height of the fence is less than six and one-half (6 1/2) feet.

9.

Fences and walls designed for painting or similar surface finishes shall be maintained in their original condition as designed. All exposed steel, except galvanized metal fences, shall have a colored finished coat applied to them and be preserved against rust and corrosion.

10.

Missing boards, pickets or posts shall be replaced within 45 days with material of the same type and quality.

11.

Fences and walls shall be maintained in an upright condition.

12.

Property owners shall be responsible for the maintenance of the fencing, walls and hedges on their property, and for removal of any fence, wall, or hedge if it becomes unsightly or a menace to public safety, health or welfare.

13.

On a drainage or irrigation easement, an owner may fence their property, but the water flow cannot be interrupted and must allow full access to the holder of the easement for the purpose of the easement. This may require gates to access the property with both foot traffic and equipment required to maintain the ditch or pipe. It is the responsibility of the property owner to contact those who own the easements and get approval of the fence, gate, etc., design.

(b)

Residential Districts including R-O, R-B, T4L and T4+.

1.

Fences, walls, and hedges between the primary and continuous front façade line continuing to the rear of the property:

i.

Must not be higher than six (6) feet above grade except where required to be higher by city ordinance.

ii.

A decorative topping of no less than fifty (50) percent transparency may be allowed but must not exceed eight (8) feet above grade.

iii.

Fence, wall, and hedge posts may extend past six (6) inches above the absolute height of a fence above grade and must be of a decorative design where extended but in no case may it exceed eight (8) feet above grade.

2.

Fences, walls, and hedges between the primary and continuous front façade line and the front property line must not be higher than four (4) feet above grade.

3.

Barbed or razor wire is expressly prohibited.

(c)

Business and Industrial Districts including E-G.

1.

Fences, walls, and hedges between the primary and continuous front façade line continuing to the rear of the property must not be higher than ten (10) feet above grade including fence posts.

2.

Fences, walls, and hedges between the primary and continuous front façade line and the front property line must not be higher than four (4) feet above grade.

3.

A maximum of two feet of barbed or razor wire is allowed on fences or walls not less than eight (8) feet above grade. However, barbed or razor wire is not allowed on any fence or wall adjacent to a property belonging to a residential use or district including R-O and R-B.

(d)

Standards for variance approval. When determining a variance to fence, wall, and hedge requirements, the zoning board shall consider the following:

1.

Safety in regard to the subject property, adjacent properties, ingress and egress, streets, alleyways, and water bodies;

2.

Visual impact on adjacent properties, streets, alleyways, and water bodies;

3.

Design in relation to other structures on the same lot, adjacent properties, and the neighborhood;

4.

Impact on ingress and egress, if applicable;

5.

Screening, buffering or separation of any nuisance or hazardous feature.

6.

Compatibility with adjacent properties.

(8)

Off-street parking. In R-1, R-2, R-O, R-B, B-1, B-2, B-3, I-1 and I-2 districts parking spaces are not permitted within three (3) feet of a front yard property line nor within three (3) feet of any lot line that abuts a street.

(9)

Front yard exception for established residential neighborhoods. Where development is taking place in an established residential neighborhood with lots of record that were lawfully existing on the effective date of this appendix, the front yard setback may be adjusted to allow for consistent development to accommodate infill. The residential dwelling front yard setback will be based on the adjacent building sites (parcels). The contractor, when submitting the site plan, will also identify the principal building setbacks for the adjacent properties by affidavit. If property or properties adjacent to the principle buildings have a front yard setback of fifteen (15) feet or less, the new construction may use the front yard setback of fifteen (15) feet or greater. Newly created residential subdivisions must meet the requirements of the zoning district in which they are located.

(E)

Supplementary design standards.

(1)

Application & review process: For projects subject to review as defined below, applicants will be required to submit proposed site plans, landscape plans, building elevations, photographs of adjacent and surrounding properties, and information regarding proposed building materials. Such information will be used as the basis for a determination of compliance or non-compliance with applicable design standards.

Upon review of applications, staff may deem a project not in compliance with applicable design standards and forward the application to the Architectural Review Committee (ARC) for review. The ARC will review the application and prepare a determination of compliance or non-compliance with applicable design standards. For projects the ARC finds the project not in compliance, the applicant may revise plans and resubmit for staff review or appeal the decision to the planning commission.

The planning commission will review such applications and prepare a determination of compliance or non-compliance. If the planning commission finds the project not in compliance, the decision may be appealed to the city council by filing with staff a written notice of appeal specifying the decision from which the appeal is taken. A decision of the city council may be appealed to the court of jurisdiction as provided in the Mississippi Code of 1972, as amended.

(2)

Residential projects

The standards of this section apply to residential building projects meeting the following criteria:

New single family residential buildings in new subdivisions. New construction of residential buildings in new subdivisions of greater than twenty five (25) lots platted after the effective date of these ordinance revisions.

New multi-family residential development. New construction of multi-family residential buildings of greater than eight (8) units and renovations or additions to existing eight (8) units multi-family residential buildings valued greater than fifty (50) percent of the value of the structure.

(a)

Design Standards

1.

Site design.

1.1.

General.

i.

Projects should consider their influence on neighboring properties. Projects should be designed to contribute to the overall character, identity, and attractiveness of a neighborhood or district and minimize impacts on nearby property zoned for lower density/intensity uses.

ii.

Natural features such as viewsheds, trees, wetlands, drainage ways, and other features unique to the site should be preserved and incorporated into development proposals.

iii.

Open spaces and play areas should be safe, centrally-located, easily-accessible by pedestrian sidewalks and paths, and visible from adjacent sidewalks and roadways to allow for informal surveillance.

1.2.

Site configuration and building placement.

i.

Building placement and site configuration should reflect the prevailing pattern of the neighborhood.

ii.

Buildings serving common purposes in multiple-family projects should be placed in a prominent location and help define public spaces, terminate vistas, and screen service drives and areas.

iii.

Primary building entries should be located on front façades, designed to be visible from adjacent streets and sidewalks, and offer protected from the elements with a covered porch or stoop.

iv.

Separate building along the same street frontage should be built along relatively continuous front setback lines with slight variations allowed to provide relief.

1.3.

Fencing and screening.

i.

Front yard walls and fencing taller than three (3) feet in height are discouraged in residential neighborhoods.

ii.

Fencing or screening material and designs should match or complement the fencing materials and designs on adjoining properties. Materials and finishes should be durable and easily maintained. Brick, wood, stucco or wrought iron are the preferred materials.

1.4.

Storage, utilities, and mechanical equipment.

i.

Areas for outdoor storage, including within carports and beneath elevated buildings, should be screened from public view through a combination of location on property, building design, landscaping, fencing, and architectural screening or enclosure.

ii.

All ground-level mechanical equipment, including but not limited to satellite dishes, propane tanks, antenna, irrigation controllers, ladders, vent pipes, heating, ventilation, and air conditioning (HVAC) units, and alarm boxes, should be located away from public view to side or rear of the primary building and should be screened from view from street with architectural enclosures (integrated into the building design) or landscape screens.

iii.

When rooftop or elevated placement of mechanical is necessary, the equipment should be located on the side or rear of the building to limit street visibility. In addition, roof mounted equipment on multi-family buildings should be screened from the view of adjacent properties.

iv.

New public utilities and infrastructure should be placed underground or in rear alleys if feasible.

1.5.

Landscaping.

i.

Landscaping on individual lots should be designed to reinforce a neighborhood's sense of place and identity, provide privacy, screen mechanical and utility equipment otherwise visible from public streets, and ease transitions among adjacent buildings.

ii.

Where possible, existing landscape elements should be incorporated and preserved. Healthy mature trees and tree groupings should be preserved as design determinants. Mature trees on project sites should be protected and preserved as per City of Gulfport tree preservation standards.

iii.

The front yard area of individual lots should include at least forty (40) percent of the total area in lawn or ground cover, one shade tree, and shrubs as foundation planting along the front façade of buildings. Foundation plantings should be at least twelve (12) inches tall at planting and located in a minimum three (3) foot deep landscape bed with mulch or ground cover.

iv.

Use of native, drought tolerant species is preferred.

1.6.

Site and architectural lighting.

i.

Exterior lighting in residential neighborhoods districts should be limited to lighting of walkways, patios, stoops and porches and the lighting of landscape and building features.

ii.

Architectural lighting of façades should focus on illuminating the building's surfaces. Light fixtures should include internal reflector caps, refractors, or shields that provide an efficient and focused distribution of light and avoid glare or reflection across property edges or onto adjacent buildings.

iii.

Illumination design should avoid lighting of the night sky.

2.

Building design.

2.1.

General.

i.

Building design should preserve and enhance the existing community character of Gulfport, contribute to the unique sense of place of the city's neighborhoods and districts, and convey a sense of human-scale through architectural articulation, materials, and proportion.

ii.

Although no single architectural style or design is preferred in the city, residential building designs should strive for compatibility with other buildings in their neighborhood or Design Standards district. Designers should assess the architectural design, exterior building materials, colors, and arrangement of buildings and other features prior to completing design plans.

iii.

The introduction of experimental, overly expressive, or unique designs in existing neighborhoods is generally discouraged. Attempts should be made to tie the building into its neighborhood context through the use of similar massing, materials, roof form, architectural styles, or other techniques.

iv.

New buildings that mimic historical styles are acceptable, but they should be accurate interpretations. Special attention should be paid to materials, proportions, and ornamentation originally used in the proposed style. Accessory buildings and renovations of and additions to existing buildings should follow the architectural style of the primary building.

2.2

Massing and form.

i.

The height, form, size, scale, massing, and proportion of new buildings should be compatible with surrounding buildings. For example, the proportion of the main body of the house to its wings, porch projections, and lot width should approximate proportions found in surrounding buildings.

ii.

Large multiple-family buildings should be designed to reduce their apparent size with projecting wings, dependencies, varying roof profiles and forms that define courtyards, terraces and patios. Façade setbacks, terraces, and changes in color and material can be used to achieve a residential scale.

iv.

Designs with numerous gables, roof pitches, dormers, and out-of-proportion window and entry treatments, should be avoided in favor of more subtle designs that blend with the historic architecture of the neighborhood or community.

2.3.

Façades.

i.

The spacing, placement, scale, orientation, proportion, and size of window and door openings, porches and stoops, bay windows, and other design features should be consistent with treatments typical of the proposed architectural style and compatible with the design character of surrounding buildings.

ii.

Although residential building façades should be articulated and incorporate residentially scaled architectural details and features, restraint should be used in design.

2.4.

Porch, awnings, and balconies.

i.

Covered porches on one-family and two-family dwellings and covered stoops on townhomes dwellings are strongly encouraged.

ii.

Porches, stoops, awnings, balconies and other architectural projections should be of appropriate scale, shape, color, scheme and pattern in order to reinforce good design principles, and should be designed to complement the color and material of the building to which they are affixed.

iii.

Covered porches should be scaled and detailed consistent with the proposed Architectural style of the house. Generally, covered porches should be at least six (6) feet deep, at least six (6) feet wide when possible and elevated above grade to match the finished floor level of the house. Covered stoops should be at least four (4) feet deep, four (4) feet wide when possible, and elevated above grade to match the finished floor level of the townhome dwelling.

2.5.

Roofs and eaves.

i.

Generally, roofs of residential buildings should be pitched and not flat. Common Pitched roof forms in the City are gabled, hipped, and gambrel.

ii.

Pitched roofs should be, where possible, symmetrical hips or gables, with a pitch between 4:12 and 12:12. Pitched roofs should have overhang or eave dimensions between eight (8) and twenty-four (24) inches consistent with the proposed styles unless contradictory to building codes.

iii.

For additions or renovations of existing buildings, the roof type, pitch, color, and Material should be consistent with that of the original building.

2.6.

Windows and doors.

i.

Generally, windows should be vertically oriented, i.e., taller than they are wide, individually articulated, and not form long horizontal or vertical bands.

ii.

Replacement windows on existing buildings should look as similar to the original Window as possible to preserve the building's architectural design. The number, size, style and shape of window panels should be consistent with the original windows.

iii.

Replacement doors should be of the same type as the original, or fit with the Architectural style of the building, and where applicable, original trim should remain intact.

iv.

The use of metal security doors and externally-mounted security window bars is discouraged.

2.7.

Materials and finishes.

i.

In new construction, materials should be comparable to those in the neighborhood and should be appropriate to the selected architectural style of the house (i.e., stucco should not be used for a Victorian, and fish-scale shingles should not be used on a Mediterranean).

ii.

Cladding material "palettes" should be kept simple. Generally, buildings should not have more than two (2) primary cladding materials and such materials should only be combined horizontally, with the heavier material below the lighter.

iii.

Façade colors should be neutral or muted colors. The use of bright "primary" colors should be prohibited. Accent colors may be brighter and more intense but should harmonize with the dominant building color.

iv.

For renovations to existing buildings, every effort should be made to maintain the original materials; however, if new siding is proposed, it should match the type and style of the original or that which is typical to the period.

2.8.

Elevated buildings.

i.

Foundations of elevated buildings are integral parts of the building and should be integrated with and designed to complement the design of the building.

ii.

The placement and composition of foundation architectural elements including structural supports, screening, and other architectural elements should coincide with prominent external façade design elements including columns, posts, colonnades, trim details, or other vertical elements.

iii.

Filling sites to more than two (2) feet above adjacent sidewalks, street grades or lots is generally discouraged. A site's finished grade should match existing topography where possible.

iv.

The configuration and type of pedestrian access (i.e. porch, stairs, landings, ramps, and walkways) should be determined by site's required setbacks, other site features including parking and vehicular access features, and compatibility with and proximity to adjacent properties.

v.

Non-structural, architectural screening panels or breakaway walls should be designed to match the overall architectural design of the building and piers or piles should be painted or wrapped with architectural molding or trim.

vi.

Landscape screening should complement the architectural elements of the building and be part of an overall strategy for mitigating the effects of elevated buildings.

(3)

Commercial projects.

The standards of this section apply to commercial and mixed use building project meeting the following criteria:

New and Renovated Buildings along Commercial and Mixed Use Corridors. New construction of a building or major renovation or addition to an existing building valued at two hundred thousand ($200,000.00) dollars or fifty (50) percent of the value of the building renovated, whichever is greater, intended for commercial, office, hotel/motel, or other commercial or mixed use on a property fronting on or visible from a public roadway designated as an arterial or major collector in the city's comprehensive plan.

(a)

Design Standards.

1.

Site design.

1.1.

General.

i.

All projects should ensure natural features, other site features, relationship to adjacent buildings, land uses, and street have been appropriately incorporated into the design and selection of the best location for a building or buildings on a particular site.

ii.

Natural site amenities should be recognized. Views, trees, creeks and similar features unique to the site should be preserved and incorporated into development proposals. Such features should be considered as strong site design determinants. Disruption of existing natural features, particularly older trees, should be minimized.

iii.

Site grade elevation changes should be limited to prevent conflicts between adjoining properties and public rights-of-way.

1.2.

Site planning and building placement.

i.

Projects should consider their influence on neighboring properties. Projects should be designed to contribute to the overall character, identity, and attractiveness of a neighborhood or district and minimize impacts on nearby property zoned for lower density/intensity uses.

ii.

Pad buildings on outparcels or a portion of a main building on a site with multiple buildings should be located along street frontages to add definition to the streetscape.

iii.

Buildings on corner sites should consider both street frontages, with precedence to the primary street.

iv.

Buildings in the interior of large sites should be placed to form a consistent, distinct edge along interior drives and pedestrian pathways and be arranged to define public and semipublic spaces such as gardens and courtyards.

v.

Buildings serving common purposes in multiple-family projects should be placed in a prominent location and help define public spaces, terminate vistas, and screen service drives and areas.

1.3.

Building orientation and entries.

i.

Buildings should be arranged along the perimeter of large sites with primary façades and entryways oriented to public streets and the intersections of major roads and site access drives.

ii.

Primary building entries should be clearly defined and highly visible.

iii.

For commercial buildings with multiple retail spaces, individual retail spaces on the ground floor should have their own separate entry, unless it is an interior mall entrance case, at the front of the building oriented to a street, parking area or service drive. Retail uses may have secondary entries in the rear of the building.

iv.

Detached buildings in a multiple-family residential project or mixed use buildings with upper story residential should be located so that primary ground floor entries to units open onto landscaped patios, stoops, dooryards, or courtyards.

v.

Separate entries for ground-floor residential units facing streets and sidewalks are encouraged. Rear and side units should have yard depths sufficient to create adequate separation from service and parking areas.

1.4.

Fencing and screening.

i.

Fencing materials and colors should complement the building's architectural style and utilize the prevalent materials and design for the building and the neighborhood. Materials and finishes should be durable and easily maintained. Brick, wood, stucco or wrought iron are the preferred materials. Chain link fence at the rear or storage areas at the rear of structures may be uses.

ii.

Screening should be accomplished using materials consistent with the building façades so the visual and acoustic impacts are contained and out of view or hearing from adjacent properties and public.

1.5.

Storage, utilities, and mechanical equipment.

i.

Areas for outdoor storage, trash, recycling, and truck loading should be incorporated into the overall design of the building and site.

ii.

All refuse and recycling containers should be placed within screened storage areas or enclosures that are designed consistent with current city waste management standards.

iii.

Trash enclosures should be located remotely from project access points, building entries, public view corridors, and main circulation paths, but must be accessible to truck traffic for pick up. Enclosures should be constructed of six (6) foot high masonry walls with solid metal gates or wood gates. Enclosure finishes should match the building in color and texture and should include stonework, landscaping, wood and other natural elements.

iv.

Elevator penthouses, HVAC units and other roof-mounted equipment should be from view of adjacent properties, roads and pedestrian areas by a parapet wall and located on the side or rear of the building(s) to limit street visibility. Mechanical penthouses and parapet walls should be designed to complement façade designs and be clad in the same materials as the façade. Where such equipment will be visible from adjacent buildings or rear parking areas, the equipment must be mounted to be as unobtrusive as possible and painted to match finish roof materials.

1.6.

Landscaping.

i.

Landscaping should be designed to delineate outdoor spaces, reinforce architectural themes, strengthen the sense of place of a district or corridor, screen services and parking from public view, and ease transitions among adjacent uses.

ii.

Landscape designs should provide for clear lines of site and allow for the informal surveillance of sidewalks, pedestrian paths, public spaces, building entries, and other areas where public use is anticipated.

iii.

Where possible, existing landscape elements should be incorporated and preserved. Healthy mature trees and tree groupings should be preserved as design determinants. Mature trees on project sites should be protected and preserved as per City of Gulfport tree preservation standards.

iv.

Along public street frontages, landscape designs should continue or complement treatments on adjacent properties and reinforce the overall landscape character of the corridor or district.

v.

Planting trees, shrubs, vines, and ground cover in combination with strategically placed screen walls should be used to for screening.

vi.

Use of native, drought tolerant species is preferred.

vii.

Automatic irrigation is preferred for all landscape areas.

1.7.

Public spaces.

i.

Public spaces should incorporate built and natural amenities, including water features, sun, shade, sitting areas, and landscaping.

ii.

Public spaces should be designed to human or pedestrian scale.

1.8.

Site and architectural lighting.

i.

Levels of illumination should be responsive to the type and level of anticipated activity, without under or over-illuminating the area. Lighting levels should be limited to the minimum levels necessary to provide public safety. Lighting fixtures should be thoughtfully placed to avoid light spillage and glare and designed to minimize disturbances to all residential units on and off-site, on adjacent properties.

ii.

In addition to ensuring that public safety and security are met, exterior lighting should be designed to create a comfortable and attractive pedestrian environment.

iii.

Light standards, poles, and other fixtures should be designed as a "family" of fixtures and complement the architecture of the project and surrounding area. Lighting should be of durable and vandal-resistant materials and construction. Energy-efficient lighting should be used. Industrial style lighting, such as flood lighting or fluorescent lighting, is discouraged.

iv.

Parking lot light fixtures should be uniform in design and provide adequate lighting for all areas. Metal halide lamps are preferred in cut-off fixtures to prevent glare and light trespass.

v.

Walkway lighting should be scaled to the pedestrian and provide for safe passage in areas with stairs and ramps. The use of lighted bollards with incandescent or metal halide lamps or other low-level fixtures is encouraged to identify pedestrian walkways and drop-off areas at building entries.

vi.

Architectural lighting of façades should focus on illuminating the building's surfaces. Light fixtures should include internal reflector caps, refractors, or shields that provide an efficient and focused distribution of light and avoid glare or reflection across property edges or onto adjacent buildings.

vii.

Fixture design should complement the architecture, and be integrated into the whole of the building design. On historic buildings, fixtures should be concealed within the building's ornaments and articulations as much as possible. Lighting fixtures should be permanently fixed to the building.

viii.

Illumination design should avoid lighting of the night sky.

2.

Building design.

2.1.

General.

i.

Building design should preserve and enhance the existing community character of Gulfport, contribute to the unique sense of place of the city's neighborhoods and districts, and convey a sense of human-scale through architectural articulation, materials, and proportion. Although no single architectural style or design is preferred in the city, building designs should strive for compatibility with other buildings in their neighborhood or district. Designers should assess the architectural design, exterior building materials, colors, and arrangement of buildings and other features prior to completing design plans.

ii.

In general, all buildings should be simple with clearly distinguished entries, and special attention given at the base of the building so as to contribute to the overall quality of street and sidewalk environments.

iii.

Buildings should be designed to complement their context. Attempts should be made to tie the building into its district or corridor context through the use of similar massing, materials, roof form, architectural styles, or other techniques.

iv.

Building design should encompass the whole building or set of buildings with a continuation of architectural elements, use of materials, color scheme, trim features, roof treatments, and general façade treatment. Individual buildings on the same development site should have a strong spatial and architectural relationship. All building façades should be architecturally consistent, but need not look alike.

v.

New buildings that mimic historical styles are acceptable, but they should be accurate interpretations. Special attention should be paid to materials, proportions, and ornamentation originally used in the proposed style and should reflect the prevailing pattern of the neighborhood.

vi.

Corporate design elements for chain businesses should be integrated into the design of the building.

2.2.

Massing and form.

i.

Single, large, dominant building masses should be avoided. Where large buildings are proposed, building mass should be broken up through the use of setbacks, projecting and/or recessed elements, and similar design techniques.

2.3.

Façades and storefronts.

i.

Façades should be articulated vertically with a base, middle and top, and articulated horizontally with a system of bays to create rhythm and variety.

ii.

Building corners that front an important intersection, public space, or gateway should be emphasized through architectural means that address both frontages. Corner emphasis techniques may include taller building volumes at the corner, projecting building elements, chamfered corners, and applied building elements that wrap the corner.

iii.

Ground-floor façades along streets planned for pedestrian use should be divided into a series of storefront bays with each bay typically including piers, a door, display windows, a fascia, a bulkhead, and a transom.

iv.

The area within a storefront bay should parallel the adjacent sidewalk with part of the surface set back to form a recessed entryway.

2.4.

Porch, awnings, and balconies.

i.

The use of galleries, awnings, canopies, balconies and other architectural projections is encouraged. Such projections should be of appropriate design, scale, shape, color, and pattern in order to reinforce good design principles.

ii.

Awnings should be constructed out of canvas or other similar materials and should be if a traditional, triangular profile shape, as opposed to square or rectangle. Installation of backlit awnings is discouraged. Structural supports should not be placed in public rights-of-way.

iii.

Street-level awnings and canopies should leave eight (8) feet of vertical clearance over the sidewalk and should not interfere with street trees, streetlights, or traffic. Street-level awnings and canopies may extend horizontally over multiple windows.

iv.

Balconies are encouraged. However, they should be attractive and architecturally incorporated into the building. Balconies should have at least ten (10) feet of clearance above the sidewalk.

2.5.

Roofs and eaves.

i.

Flat roofs are permissible on commercial or mixed-use buildings. Buildings with flat roofs must include a parapet surround across the entire primary façade (front elevation) as well as on both side elevations. The top of this parapet should be no less than eighteen (18) inches higher than the highest point in the roof plane.

ii.

Cornices, shadow lines, detailed eaves, and other architectural methods should be used to add distinction and ornamentation. Commercial building roof lines should contain variations in roof lines to add interest to and reduce the scale of large-scale retail buildings, using a change in height and type to provide visual interest.

iii.

Roof treatments should be designed to conceal flat roof lines, and rooftop equipment from view from adjacent properties and rights-of-way through use of parapet walls or sloping roof planes.

iv.

Roof materials should be consistent with the quality of other building materials used and other roof materials used in the neighborhood and should serve a functional purpose. Appropriate roofing materials include, but are not limited to slate, concrete tile (flat with smooth or raked finish), copper, standing seam or batten metal roof (factory applied enamel finishes only), simulated wood shakes or shingles and architectural grade composition shingles.

2.6.

Windows and doors.

i.

High levels of ground floor transparency are encouraged along streets planned for pedestrian use. In such locations, at least fifty (50) percent of the ground floor wall area should consist of windows, arranged primarily as large storefront display windows. Glass should be clear, not reflective.

ii.

Windows should maintain coherent and consistent rhythms, both vertically and horizontally. Upper-floor windows should be vertically oriented, or taller than they are wide. Also, each window should be individually articulated and should not form long horizontal or vertical bands.

iii.

Windows and doors should not be flush with solid building surfaces, but rather should be recessed at least four (4) inches from the outside wall plane.

iv.

The installation of security window bars is discouraged and should not be used on windows directly facing a street. They detract from the architectural beauty of the neighborhood and present an image of instability and fear. Security gates for storefront businesses should be located inside buildings, not outside.

2.7.

Materials and finishes.

i.

There should be a visual distinction between the base (ground-floor façades), middle (upper-level floors) and top of buildings. This can be accomplished by using different materials and/or colors for storefronts and upper stories.

ii.

Predominant exterior building material surfaces should be high quality materials, including, but not limited to, architectural block, brick, concrete with an architectural finish, stucco, glass, wood, sandstone, or other native stone and tinted/textured concrete masonry units. Exterior building materials should not include unfinished or unpainted concrete panels, metal panels or smooth face concrete block.

iii.

Storefront primary cladding materials should be brick, stone, or carved wood panels. Wood, when used, should be painted or stained. Doors should match storefront window frames, and should be made of crafted wood, stainless steel, bronze, or other ornamental metals.

iv.

Façade colors should be neutral or muted colors. The use of bright "primary" colors should be prohibited. Accent colors may be brighter and more intense but should harmonize with the dominant building color.

v.

For additions or renovations of existing buildings, siding and detail materials used should generally match or be consistent with the original building materials.

2.8.

Elevated buildings.

i.

Foundations of elevated buildings are integral parts of the building and should be integrated with and complementary to the building.

ii.

The placement and composition of foundation architectural elements including structural supports, screening, and other architectural elements should coincide with prominent external façade design elements including columns, posts, colonnades, trim details, or other vertical elements.

iii.

Filling sites to more than two (2) feet above adjacent sidewalks, street grades or lots is generally discouraged. A site's finished grade should match existing topography wherever possible.

iv.

The configuration and type of pedestrian access (i.e. porch, stairs, landings, ramps, and walkways) should be determined by site's required setbacks, other site features including parking and vehicular access features, and compatibility with and proximity to adjacent properties.

v.

Open foundations with piers or piles supporting buildings should be fitted with nonstructural, architectural screening panels or breakaway walls to match the overall architectural design of the building. At a minimum, piers or piles should be painted or wrapped with architectural molding or trim.

vi.

Landscape screening should complement the architectural elements of the building including architectural screening and pedestrian access elements and represent part of an overall strategy for mitigating the effects of elevated buildings.

3.

Access and parking.

3.1.

General.

i.

Sites should be designed to provide clearly identifiable pedestrian and vehicular access, integrate and separate the needs of pedestrians and vehicles, provide aisle circulation patterns with avoidance of dead-end aisles, and provide or address the potential of interconnection between adjacent similar uses.

ii.

Projects should provide safe, convenient, and relatively direct pedestrian linkages with public streets and sidewalks, existing and planned transit stops, and adjacent properties of like uses.

iii.

Separate vehicular and pedestrian circulation systems should be provided for larger projects. Pedestrian access to residential developments generally should not utilize driveways and pick-up areas.

iv.

Pedestrian linkages between uses in commercial developments should be emphasized, including distinct pedestrian access from parking areas in large commercial developments such as shopping centers.

3.2.

Vehicular access and circulation.

i.

Adjacent developments should have coordinated access points whenever possible and internal and new streets should connect to existing streets or be designed to facilitate future connections to the maximum extent possible.

ii.

Where possible, vehicular access to the site should be provided from side streets or alleys. For corner lots, access should be provided from both streets.

iii.

Internal street systems should be required for sites containing multiple buildings. Internal streets should be designed as public streets with typical streetscape design elements, including street trees in planting strips, sidewalks, and pedestrian lighting.

iv.

On-site vehicle circulation should be designed to discourage speeding throughout parking areas to minimize the potential conflict with pedestrians and parked vehicles.

3.3.

Pedestrian access and walkways.

i.

Projects should provide safe and efficient access for pedestrians to the street, public transportation systems and adjacent neighborhoods or developments.

ii.

New developments should provide continuous pedestrian sidewalks along public rights-of-way.

iii.

Public street sidewalks should be placed so that a minimum of six (6) feet exists between the sidewalk and back of curb to allow for streetscape planting and shading when feasible.

iv.

In locations where insufficient public right-of-way exists to accommodate a landscape area and sidewalk, such improvements should be provided in a recorded public access easement.

v.

Public sidewalks and parking areas should be connected to primary building entries by pedestrian walkways.

vi.

Pedestrian crosswalks should be provided across internal drives and through parking divider islands and planting beds.

vii.

Pedestrian walks should generally be four (4) feet in width and made of unit pavers or brush finish or sand blasted concrete and meet design standards for public sidewalks, including ADA compliancy. Painting or imprinting walkways or use of asphalt is not recommended.

viii.

Where bicycle lanes, routes, or pathways exist or are planned, new projects should incorporate connections into the project design.

3.4.

Parking location and design.

i.

For commercial and mixed use projects, parking should be placed on the side or rear of buildings, screened from public view if feasible, and located to avoid conflict with pedestrian walks and truck loading or service areas.

ii.

For large-scale commercial projects, parking lots should be distributed around the building to reduce the overall scale of the parking area and provide convenient access to the building entry.

iii.

Parking areas should be connected to primary building entries by pedestrian walkway corridors and organized in clearly defined grouping of spaces separated by landscaping or by design components of the site or building.

iv.

To reduce heat gain in parking areas, the use of shade trees in parking islands or along landscape buffers is required.

v.

Parking rows should contain no more than ten (10) parking spaces uninterrupted by a landscaped island. Landscape islands should measure a minimum of eight (8) feet in width and eight (8) feet in length.

3.5.

Drive-thru windows and service areas.

i.

Loading and service areas for delivery or transfer of merchandise including vehicle access to those areas should be screened from public view by a combination of building design, layout, masonry walls, and dense landscaping.

ii.

Commercial auto repair garages, tire stores, service stations, car washes, convenience stores, banks, restaurants and all types of buildings with drive-thru lanes and auto service facilities should be oriented to avoid service bays and drive-thru lanes fronting on public streets if feasible.

(Ord. No. 1545, § 1, 1-6-81; Ord. No. 1558, § 1, 3-4-81; Ord. No. 1574, § 1, 9-29-81; Ord. No. 1598, § 1, 7-6-82; Ord. No. 1634, § 1, 9-20-83; Ord. No. 1650, § 1, 1-17-84; Ord. No. 1864, § 1, 12-19-89; Ord. No. 1873, § 1, 3-6-90; Ord. No. 1915, § 1, 11-17-92; Ord. No. 2048, 5-7-96; Ord. No. 2075, § 1, 3-4-97; Ord. No. 2119, § 1, 12-16-97; Ord. No. 2127, § 1, 2-17-98; Ord. No. 2462, § 1, 3-7-06; Ord. No. 2617, § 2, 1-15-09; Ord. No. 2682, § 1, 6-22-10; Ord. No. 2689, §§ 3, 4, 7-20-10; Ord. No. 2691, §§ 1C—1E, 8-3-10; Ord. No. 2733, 11-3-11; Ord. No. 2844, § 2, 12-22-15; Ord. No. 2919, § 2, 9-19-17; Ord. No. 2941, § 1, 3-20-18; Ord. No. 2947, § 3, 6-19-18; Ord. No. 2987, § 1, 2-5-19; Ord. No. 3087, § 2, 9-21-21; Ord. No. 3355, §§ 1—3, 3-19-24; Ord. No. 3470 meeting, 3, 12-3-24; Ord. No. 3490 meeting, § 2, 4-8-25)

Cross reference— Buildings, Ch. 3; motor vehicles and traffic, Ch. 6; water and sewers, Ch. 11; flood control, App. B; food and food handlers, § 4-56 et seq.; garbage, trash and weeds, § 4-141 et seq.; trailer camps, § 5-86 et seq.; signs, § 9-76 et seq.; fire prevention and protection, § 10-26 et seq.