a.

Accessory buildings and uses are permitted when in accordance with the following:

i.

Residential properties are limited to:

(1)

Private garages and storage buildings.

(2)

Vegetable and flower gardens, and fruit and nut trees, for use by members of the family residing on the premises and not for commercial purposes.

(3)

Raising and keeping of small animals and fowl, but not on a commercial basis or on a scale creating objectionable conditions noticeable from neighboring property.

(4)

Tennis Courts, swimming pools, garden houses, pergolas, ornamental gates, barbecue ovens, fireplaces, and similar uses customarily accessory to residential uses.

b.

Fences, walls, and hedges.

i.

In residential districts in a yard that adjoins a public street, fences, walls, and hedges may not exceed 4 feet in height except in a designated rear yard on a double frontage lot.

(1)

Corner Lots.

(a)

The front yard designated as the entrance, which shall be determined by the street address for the subject property, must conform to the requirements stated above in paragraph i. of this section.

(b)

The front yard which is not designated for the entrance may have a fence not taller than six (6) feet encroach a maximum distance of ten (10') feet into the required yard setback, provided the fence is at least ten (10') feet from the street right-of-way.

ii.

In the Office Commercial Zones, fences in yards adjoining streets are not allowed

iii.

Any privacy fence containing cross members between posts shall expose cross members to the interior of the area being fenced.

iv.

No fence shall exceed ten feet in height measured from the finished grade of the lot or property upon which the fence is being erected except as otherwise provided for in this article.

v.

Permitted materials. Materials permitted are wood, wrought iron, stone, and masonry. Vinyl or fiberglass composite materials may be utilized if the material is listed, designed, and constructed for fencing materials.

(1)

Information on plans.

(a)

Plans shall include the following:

(i)

Building locations and area to be fenced.

(ii)

Copy of the platted lot for corner lots.

(iii)

Height of fence and type of materials to be used.

(iv)

Intersections of streets, roads, highways, alleys and driveways.

(v)

Zoning.

(vi)

Corner "visibility range," when required, shall be shown.

c.

Temporary buildings for construction purposes are permitted in any district as accessory buildings during the time of construction. Permits shall be issued for not over one year and subject to annual renewal.

d.

Accessory or temporary buildings shall not be used for dwelling purposes except as a conditional use approved by the Planning Commission with the following conditions:

i.

Approved for a maximum of three years;

ii.

Has an outer covering of wood, vinyl, or brick;

iii.

Meets all building codes as related to traditional houses;

iv.

Contains a minimum of five windows; and

v.

Should look similar in appearance to a house.

e.

Accessory buildings not exceeding 20 feet in height may be located in a rear yard but may not exceed 50 percent of the floor area of the principal structure nor occupy more than 30 percent of a rear yard. Any accessory building closer than 10 feet to a main building shall be considered as a part of the main building and shall be provided with the side and rear yards required for the main buildings and be constructed to standards of the International Building Code. An accessory building more than 10 feet from the main building may not be erected within five feet of a side lot line, or ten feet of a rear lot line, but must be located at least 59 feet from any street right-of-way except in the designated rear yard of a double frontage lot. No more than two (2) accessory structures (excluding detached garages) may be constructed on one lot.

f.

The allowed size of Accessory Buildings is as follows:

g.

Dish, video earth television receiving stations are permitted in all districts.

h.

Wireless Telecommunications Facilities.

i.

Purpose.

The purpose of this Section is to establish guidelines regulating the location of telecommunication towers and antennae with the objective of minimizing their number, protecting and promoting public safety, and mitigating adverse visual impacts on the community while promoting the provision of telecommunications service to the public.

The regulations contained in this ordinance have been developed under the following general guidelines as provided in the Federal Telecommunications Act of 1996:

(1)

Cities have local authority over "placement, construction and modification" of cellular telephone facilities and other personal wireless telecommunication service facilities.

(2)

Regulations "shall no unreasonably discriminate" among providers of functionally equivalent services.

(3)

Regulations shall not prohibit or have the effect of prohibiting the provision of personal wireless services.

(4)

Denial shall be in writing and supported by substantial evidence.

(5)

Cities may not "regulate the placement, construction and modification of personal wireless service facilities on the basis of environmental or radio frequency emissions to the extent that such facilities comply with the Federal Communication Commission's regulations concerning such emissions.."

Notwithstanding any other provision of this ordinance, telecommunications towers and antennae, when permitted by federal law and the laws of the State of Mississippi, shall be regulated and governed by the following use regulations and requirements.

ii.

General Provisions.

(1)

Applications.

(a)

No telecommunications tower or structure may locate within the corporate limits of the City without first filing an Applications with the Office of Planning for a Conditional Use, in accordance with Article XIV.

(b)

The Application shall contain the following:

(i)

Name and Address of the applicant, provider, property owner and tower owner;

(ii)

A description of the proposed tower and drawing or rendering depicting the tower design;

(iii)

All design specifications approved and certified by a structural engineer;

(iv)

Legal Description of the property upon which the tower is to be located;

(v)

Names and addresses of all property owners within 500 feet to the property;

(vi)

Site plan;

(vii)

Map of Area to be served by the tower and comparison map showing other overlapping similar telecommunication coverage for said area; and.

(viii)

Such other information as required by the Planning Commission to evaluate the application.

(2)

Prior to granting the Application for a Conditional Use Permit, the Applicant shall demonstrate to the City that there are no viable alternatives to the placement of the tower, that the tower is compatible with the surrounding land uses or will not have a material impact on surrounding land uses, that the tower will not have a negative impact on the environment or City infrastructure and such other reasonable requirements as determined by the City.

(3)

Conditional Use Permits.

Monopole telecommunication towers may be located in all zoning districts only by the issuance of a conditional use permit pursuant to the provisions of Article XIV. No telecommunications tower may be located in a residential district (except multi-family districts) except on Alternative Mounting Structures or as a Stealth monopole in accordance with Section 9 of this Article and only upon the issuance of a Conditional Use Permit.

(4)

Technical Assistance.

When a rezoning or Conditional Use Permit is required to comply with the provisions of this section, and when the technical information provided by the applicant is beyond the technical capacity of City of Hernando personnel to review, the applicant, in addition to the usual application fee, shall reimburse the City for the actual cost to the City for the services of a technical expert to review the application and/or information supplement, up to a maximum of $5,000.00 dollars.

(5)

Pre-application Meetings.

Prior to leasing or purchasing facilities or property, the telecommunications service provider is encouraged to meet with the Hernando Office of Planning to review the Conditional Use Permit process required or other requirements of the City of Hernando, and to review the merits of potential locations.

(6)

Master Antenna Plan.

To facilitate co-location and coordination of telecommunication sites, the city shall, within 90 days following the effective date hereof, notify the providers of telecommunications services, as that term is defined by federal law, of the enactment of this ordinance. Said providers shall, within 30 days of the date of such notice, provide the City with their respective master antenna plans. Said plans shall include detailed maps, showing the locations and characteristics of all telecommunications towers and antennae serving any portion of the City and indicating coverage areas for current and, to the extent possible, future telecommunications towers and antennae. Providers shall also provide the City with any updates to the above documents within 120 days of their creation.

(7)

Telecommunications Tower Standards.

(a)

Applicable Federal and State Standards.

All telecommunications towers and antennae shall be erected and operated in compliance with current Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) rules and regulations and other applicable federal, state, and local standards.

(b)

Structural Standards.

Telecommunications tower structures must conform to the most current revision of EIA 222 standards and all applicable City and State Ordinances and regulations regarding construction standards. Guyed telecommunications towers shall be designed and located such that if the structure should fall it will avoid habitual structures and public streets.

(c)

Co-location.

Towers shall be designed and built to accommodate a minimum of three cellular or PCS providers, if over 85 feet in height. The owner of the tower must certify to the City that the tower is available for use by other telecommunications service providers on a reasonable and nondiscriminatory basis. Co-Location of providers on an existing approved tower shall not require further approval from the City, except for building code requirements.

(d)

Fencing.

Security fencing shall be installed by the owner or operator of any freestanding tower and shall be erected around the base of the communications tower and all accessory structures. All anchor points of the guy wires of a guyed tower shall also be fenced. Fencing and all structures must be approved through the City's Site and Design Standards.

(e)

Setbacks.

All Telecommunication towers as well as guys and guy anchors shall be located within the buildable area of the lot and not within the front, rear, or side yard building setbacks. Telecommunication towers in excess of 300 feet in height shall be set back a minimum of 2600 feet from the right-of-way of all controlled access federal and state roadways designated as highways to provide unobstructed flight paths for helicopters.

(f)

Signage.

No signage, lettering, symbols, images or trademarks shall be placed on or affixed to any part of a telecommunications tower, antenna, antenna array, equipment building, or security fencing other than as required by FCC regulations or other applicable law.

(g)

Lighting.

Except as other permitted in this ordinance, no signals, lights or illumination of any kind shall be permitted on or directed toward any tower unless required by the FCC, the FAA or other appropriate public authority.

(h)

Noise.

The intensity level of sound from the wireless transmission facility including temporary generators used during extended power outages, measured at the property line of abutting property zoned residential, shall not at any time exceed fifty (50) decibels. In instances where the Planning Commission and/or Site and Design Review Committee determines that a new wireless transmission facility site may create objectionable noise or a nuisance to any adjacent property, buffers or other physical features shall be required to mitigate the noise.

(i)

Abandonment.

Wireless Communication Towers shall be demolished and removed within ninety (90) days after abandonment. Determination of the date of abandonment shall be made by the City of Hernando building inspector or his designee who shall have the right to request documentation from the owner/operator regarding the issue of usage. Upon the determination of abandonment, the owner/operator of the antenna support structure shall remove same within 90 days of receipt of notice from the City of Hernando notifying the owner/operator of such abandonment. In order to ensure the demolition and removal of the tower, the applicant shall post and keep in place a renewable letter of credit or other security with adequate surety and in a form acceptable to the City to be sufficient to pay for the costs of demolition and removal.

(j)

Replacement.

An existing approved tower may be replaced provided that the height of the tower does not exceed its height prior to replacements. A non-conforming tower may not be replaced without the issuance of a Conditional Use Permit for replacement of same after Application for same. Prior to approval of the Application, the applicant shall demonstrate to the City that a substantial hardship will occur to the owner of the tower and general public if replacement is not allowed.

(k)

Tower Location Standards.

(i)

Residential Zoning.

Except as otherwise provided in this ordinance (on alternative mounting structures or stealth freestanding towers), telecommunications towers are not permitted in any residential zoning district. Provided, however, that nothing containing in this Article shall preclude an approved tower constructed for a multi-family occupied use of more than 10 individual apartments, from being located on the property upon which such multifamily use is situated, provided that the tower must be permitted in accordance with the terms of this Article and must only serve the multifamily use.

(ii)

All Towers Require a Conditional Use Permit.

Except as otherwise provided in this ordinance, monopole telecommunication towers may be located in all zoning districts upon issuance of a Conditional Use Permit.

(iii)

Tower Spacing.

Any new telecommunications tower in excess of 85 feet in height must be located a minimum of 1,620 feet from any existing tower in excess of 85 feet in height.

(iv)

Alternative Mounting Structures.

a)

Alternative Mounting Structures 85 feet or less in height are permitted in the non-residential districts of the City of Hernando.

b)

Alternative Mounting Structures in excess of 85 feet in height are permitted in the non-residential districts of the City of Hernando with a Conditional Use Permit.

c)

All Alternative Mounting Structures located in the residential zoning districts shall require a Conditional Use Permit.

d)

Alternative Mounting Structures must be similar in color, scale and character to adjoining buildings or structures or blend with the landscaping and other surrounding immediately adjacent to them so as to generally avoid the creation of unique visual objects that stand out in the environment.

(8)

Permits.

The permit fee for an application to construct a cell tower pursuant to the terms of this Article shall be as established in Schedule A of the Standard Building Code adopted by the City from time to time.

(9)

Non-Conforming Towers.

All non-conforming towers located within the City may remain and may be utilized for co-location. However, no non-conforming tower may be increased in height. If a non-conforming tower is abandoned pursuant to the provisions of Section 8 of this Article, it shall be removed in accordance with said Section.

(10)

Definitions in regard to Section XII of the Hernando Zoning Ordinance:

ALTERNATIVE MOUNTING STRUCTURE: A clock tower, church steeple, bell tower, utility pole, light standard, identification pylon, flagpole, water tower, existing telecommunications tower, or similar structure, designed to support and camouflage or conceal the presence of telecommunications antennae.

ANTENNA: A structure or device used to collect or radiate electromagnetic waves, including directional antennae, such as panels, wireless cable and satellite dishes, and omni-directional antennae, such as whips, but not including satellite earth stations.

ANTENNA, ARRAY: An arrangement of antennae and their supporting structures.

ANTENNA, PANEL: An antenna which receives and/or transmits signals in a directional pattern.

ANTENNA, STEALTH: A telecommunications antenna that is effectively camouflaged or concealed from view.

ANTENNA, TELECOMMUNICATIONS: An antenna used to provide a telecommunications service. This excludes lightning rods, private mobile radio systems, amateur radio antennae less than 50 feet in height and whip antenna less than 4 inches in diameter and less than 10 feet in height.

CO-LOCATION: A single telecommunications tower and/or site used by more than one telecommunications service provider.

CUP: A conditional use permit.

EIA-222: Electronics Industries Association Standard 222, "Structural Standards for Steel Antenna Towers and Antennae Support Structures."

IDENTIFICATION PYLON: A permanent ground mounted sign consisting solely of a single monolithic structure used to identify a development.

STRUCTURE: An object, including a mobile object, constructed or installed by man, including, but not limited to, buildings, poles, water towers, cranes, smokestacks, earth formations and overhead transmission lines.

TELECOMMUNICATIONS: The transmission, between or among points specified by the user, of audio and/or visual information of the user's choosing, without change in the form or content of the information as sent and received.

TELECOMMUNICATIONS SERVICE: The offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

TOWER, ELECTRIC TRANSMISSION: A self-supporting structure in excess of 50 feet in height designed to support high voltage electric lines. This does not include local utility or distribution poles (with or without transformers) designed to provide electric service to individual customers.

TOWER, GUYED: Any telecommunications tower supported in whole or in part by cables anchored to the ground.

TOWER, HEIGHT: The distance measured from grade to the highest point of any and all components of the structure, including antennae, hazard lighting, and other appurtenances, if any.

TOWER, MONOPOLE: A self-supporting telecommunications tower which consists of a single vertical pole fixed into the ground and/or attached to a foundation.

TOWER, SELF-SUPPORTING LATTICE: A telecommunications tower which consists of an open network of metal braces forming a tower which is usually triangular or square in cross-section.

TOWER, TELECOMMUNICATIONS: A self-supporting or guyed structure more than twenty feet in height, built primarily to support one or more telecommunications antennae.

(Ord. of 2-4-2025)