a.

Purpose.

The residential districts included in this chapter are intended to achieve one (1) or more of the following objectives:

i.

To reserve an adequate supply of appropriately located area for residential development, consistent with the City's General Development Plan and with sound standards of health, safety, and welfare.

ii.

To implement the City's General Development Plan by establishing clear, delineated areas for future residential growth at varying densities and housing styles.

iii.

To promote flexibility in the design and development of housing, while maintaining high standards of design and ensuring neighborhood compatibility.

iv.

To encourage the conservation of established neighborhoods in the City.

v.

To assure adequate light, air, privacy, and open space to residents of housing in the City.

b.

"R-40" Residential Single-Family District (Low Density).

i.

Purpose—The R-40 District is intended to provide for low density residential neighborhoods, characterized by single-family, detached dwellings on large lots with supporting community facilities. This district is appropriate for established parts of the City where it serves to preserve low density environments. Also, this district can be utilized in newly developing low density areas where buffers cannot provide sufficient transitions between land uses, and for areas in which environmental considerations preclude the platting of smaller lots.

ii.

Permitted Uses.

(1)

Single-family Dwellings.

(2)

Churches.

(3)

Country Club.

(4)

Model home including sales offices located within developing subdivisions to be used for the promotion of original sales of lots and houses within that subdivision only.

(5)

Radio and television towers, or antennas, or earth stations not exceeding 35 feet in height Wireless communications towers shall be demolished and removed within ninety (90) days after 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 in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.

(6)

Schools, public.

(7)

Public parks, playgrounds, recreational and community facilities and buildings of a non-commercial nature.

(8)

Home occupations subject to the standards defined under "A" Agricultural.

(9)

Accessory buildings and uses as provided in Article XII.

(10)

Public service facilities.

(11)

Mobile Food Vendors with the following guidelines:

(a)

The applicant shall secure all necessary approvals from the Department of Health.

(b)

The applicant shall provide a plan for bathrooms and public parking.

(c)

The applicant shall secure a business license through the Planning Department.

(d)

The applicant shall secure a Use and Occupancy approval for each vendor.

(e)

All vendors within the food truck park must be issued a sales tax number by the MS Dept. of Revenue designating them as a City of Hernando business.

(f)

Vendors are limited to 12 times per year within all phases of a single subdivision and must be located on private property or on common open space.

(g)

Exemptions:

a.

The City of Hernando, civic and nonprofit organizations, churches and religious organizations wishing to conduct a carnival, general sale, fair, auction, bazaar or other activity may apply to the mayor and board of aldermen for an allowance of mobile food vendors. The Mayor and Board of Aldermen may approve, if they are reasonably convinced that the substantial majority of funds raised by the proposed activity will be used for charitable purposes or promotion of the public good within the community.

iii.

Conditional uses:

The following uses may be permitted, if approved by the Planning Commission, in accordance with the procedures and under the conditions set forth in Article XIV, provided such conditional uses shall comply with the height and area regulations and with the parking regulations for similar uses set out elsewhere in this ordinance.

(1)

The conditional uses shall be the same as in the "AR" Agricultural Residential District.

(2)

Private schools.

(3)

Radio and television towers, or antennas or earth stations exceeding 35 feet in height. Wireless communications towers shall be demolished and removed within ninety (90) days after. 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 in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.

(4)

Expansion of nonconforming uses.

iv.

Each site in the "R-40" District shall be subject to the following site development regulations:

c.

"R-30" Residential Single-Family District (Low Density).

i.

Purpose. The R-30 District is intended to provide for low density residential neighborhoods, characterized by single-family, detached dwellings on large lots with supporting community facilities. This district is appropriate for established parts of the City where it serves to preserve low density environments. Also, this district can be utilized in newly developing low density areas where buffers cannot provide sufficient transitions between land uses, and for areas in which environmental considerations preclude the platting of smaller lots.

ii.

Permitted Uses:

(1)

Single-family Dwellings.

(2)

Churches.

(3)

Country Club.

(4)

Model home including sales offices located within developing subdivisions to be used for the promotion of original sales of lots and houses within that subdivision only.

(5)

Radio and television towers, or antennas, or earth stations not exceeding 35 feet in height Wireless communications towers shall be demolished and removed within ninety (90) days after 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 in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.

(6)

Schools, public.

(7)

Public parks, playgrounds, recreational and community facilities and buildings of a non-commercial nature.

(8)

Home occupations subject to the standards defined under "A" Agricultural District.

(9)

Accessory buildings and uses as provided in Article XII.

(10)

Mobile Food Vendors with the following guidelines:

(a)

The applicant shall secure all necessary approvals from the Department of Health.

(b)

The applicant shall provide a plan for bathrooms and public parking.

(c)

The applicant shall secure a business license through the Planning Department.

(d)

The applicant shall secure a Use and Occupancy approval for each vendor.

(e)

All vendors within the food truck park must be issued a sales tax number by the MS Dept. of Revenue designating them as a City of Hernando business.

(f)

Vendors are limited to 12 times per year within all phases of a single subdivision and must be located on private property or on common open space.

(g)

Exemptions:

a.

The City of Hernando, civic and nonprofit organizations, churches and religious organizations wishing to conduct a carnival, general sale, fair, auction, bazaar or other activity may apply to the mayor and board of aldermen for an allowance of mobile food vendors. The Mayor and Board of Aldermen may approve, if they are reasonably convinced that the substantial majority of funds raised by the proposed activity will be used for charitable purposes or promotion of the public good within the community.

iii.

Conditional uses:

The following uses may be permitted, if approved by the Planning Commission, in accordance with the procedures and under the conditions set forth in Article XIV, provided such conditional uses shall comply with the height and area regulations and with the parking regulations for similar uses set out elsewhere in this ordinance.

(1)

The conditional uses shall be the same as in the "AR" Agricultural Residential District.

(2)

Private schools.

(3)

Radio and television towers, or antennas or earth stations exceeding 35 feet in height. Wireless communications towers shall be demolished and removed within ninety (90) days after 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 in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.

(4)

Expansion of nonconforming uses.

iv.

Each site in the "R-30" District shall be subject to the following site development regulations:

d.

"R-20" Residential Single-Family District (Low Density).

i.

Purpose. The R-20 District is designed to provide suitable areas for low density residential development where appropriate urban services and facilities are provided or where the extension of such services or facilities will be physically and economically facilitated. Generally, this district will be characterized by single-family, detached dwellings and other structures as are accessory thereto. These districts also include community facilities, public utilities, and open uses which specifically serve the residents of these districts, or which are benefitted by and compatible with a residential environment.

ii.

Permitted Uses:

(1)

Single-family Dwellings.

(2)

Churches.

(3)

Country Club.

(4)

Model home including sales offices located within developing subdivisions o be used for the promotion of original sales of lots and houses within that subdivision only.

(5)

Radio and television towers, or antennas, or earth stations not exceeding 35 feet in height Wireless communications towers shall be demolished and removed within ninety (90) days after 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 in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.

(6)

Schools, public.

(7)

Public parks, playgrounds, recreational and community facilities and buildings of a non-commercial nature.

(8)

Home occupations subject to the standards defined under "A" Agricultural District.

(9)

Accessory buildings and uses as provided in Article XII.

(10)

Public service facilities.

(11)

Mobile Food Vendors with the following guidelines:

(a)

The applicant shall secure all necessary approvals from the Department of Health.

(b)

The applicant shall provide a plan for bathrooms and public parking.

(c)

The applicant shall secure a business license through the Planning Department.

(d)

The applicant shall secure a Use and Occupancy approval for each vendor.

(e)

All vendors within the food truck park must be issued a sales tax number by the MS Dept. of Revenue designating them as a City of Hernando business.

(f)

Vendors are limited to 12 times per year within all phases of a single subdivision and must be located on private property or on common open space.

(g)

Exemptions:

a.

The City of Hernando, civic and nonprofit organizations, churches and religious organizations wishing to conduct a carnival, general sale, fair, auction, bazaar or other activity may apply to the mayor and board of aldermen for an allowance of mobile food vendors. The Mayor and Board of Aldermen may approve, if they are reasonably convinced that the substantial majority of funds raised by the proposed activity will be used for charitable purposes or promotion of the public good within the community.

iii.

Conditional uses:

The following uses may be permitted, if approved by the Planning Commission, in accordance with the procedures and under the conditions set forth in Article XIV, provided such conditional uses shall comply with the height and area regulations and with the parking regulations for similar uses set out elsewhere in this ordinance.

(1)

The conditional uses shall be the same as in the "AR" Agricultural Residential District.

(2)

Private schools.

(3)

Radio and television towers, or antennas or earth stations exceeding 35 feet in height. Wireless communications towers shall be demolished and removed within ninety (90) days after 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 in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.

iv.

Each site in the "R-20" District shall be subject to the following site development regulations:

e.

"R-15" Residential Single-Family District (Low Density).

i.

Purpose. The R-15 District is designed to provide suitable areas for low density residential development where appropriate urban services and facilities are provided or where the extension of such services or facilities will be physically and economically facilitated. Generally, this district will be characterized by single-family, detached dwellings and other structures as are accessory thereto. These districts also include community facilities, public utilities, and open uses which specifically serve the residents of these districts, or which are benefitted by and compatible with a residential environment.

ii.

Permitted Uses:

(1)

Single-family Dwellings.

(2)

Churches.

(3)

Country Club.

(4)

Model home including sales offices located within developing subdivisions to be used for the promotion of original sales of lots and houses within that subdivision only.

(5)

Radio and television towers, or antennas, or earth stations not exceeding 35 feet in height Wireless communications towers shall be demolished and removed within ninety (90) days after 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 in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.

(6)

Schools.

(7)

Public parks, playgrounds, recreational and community facilities and buildings of a non-commercial nature.

(8)

Home occupations subject to the standards defined under "A" Agricultural District.

(9)

Accessory buildings and uses as provided in Article XII.

(10)

Mobile Food Vendors with the following guidelines:

(a)

The applicant shall secure all necessary approvals from the Department of Health.

(b)

The applicant shall provide a plan for bathrooms and public parking.

(c)

The applicant shall secure a business license through the Planning Department.

(d)

The applicant shall secure a Use and Occupancy approval for each vendor.

(e)

All vendors within the food truck park must be issued a sales tax number by the MS Dept. of Revenue designating them as a City of Hernando business.

(f)

Vendors are limited to 12 times per year within all phases of a single subdivision and must be located on private property or on common open space.

(g)

Exemptions:

a.

The City of Hernando, civic and nonprofit organizations, churches and religious organizations wishing to conduct a carnival, general sale, fair, auction, bazaar or other activity may apply to the mayor and board of aldermen for an allowance of mobile food vendors. The Mayor and Board of Aldermen may approve, if they are reasonably convinced that the substantial majority of funds raised by the proposed activity will be used for charitable purposes or promotion of the public good within the community.

iii.

Conditional uses:

The following uses may be permitted, if approved by the Planning Commission, in accordance with the procedures and under the conditions set forth in Article XIV, provided such conditional uses shall comply with the height and area regulations and with the parking regulations for similar uses set out elsewhere in this ordinance.

(1)

The conditional uses shall be the same as in the "AR" Agricultural Residential District.

(2)

Private schools.

(3)

Radio and television towers, or antennas or earth stations exceeding 35 feet in height. Wireless communications towers shall be demolished and removed within ninety (90) days after 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 in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.

(4)

Public Service Facilities.

iv.

Each site in the "R-15" District shall be subject to the following site development regulations:

f.

"R-12" Residential Single-Family District (Medium Density).

i.

Purpose. The "R-12" District is designated to provide suitable areas for medium density residential development where complete urban services and facilities are provided or when the extension of such services or facilities will be physically and economically facilitated. Generally, this district will be characterized by single-family, detached dwellings, except when otherwise permitted in a residential overlay district, and such other structures as are accessory thereto. This district is intended, also, to permit community facilities and public utility installations which are necessary to service and do service specifically the residents of this district, or which are benefitted by and compatible with a residential environment.

ii.

Permitted Uses:

(1)

Single-family Dwellings.

(2)

Churches.

(3)

Country Club.

(4)

Model home including sales offices located within developing subdivisions o be used for the promotion of original sales of lots and houses within that subdivision only.

(5)

Radio and television towers, or antennas, or earth stations not exceeding 35 feet in height. Wireless communications towers shall be demolished and removed within ninety (90) days after 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 in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.

(6)

Schools, public.

(7)

Public parks, playgrounds, recreational and community facilities and buildings of a non-commercial nature.

(8)

Home occupations subject to the standards defined under "A" Agricultural District.

(9)

Accessory buildings and uses as provided in Article XII.

(10)

Mobile Food Vendors with the following guidelines:

(a)

The applicant shall secure all necessary approvals from the Department of Health.

(b)

The applicant shall provide a plan for bathrooms and public parking.

(c)

The applicant shall secure a business license through the Planning Department.

(d)

The applicant shall secure a Use and Occupancy approval for each vendor.

(e)

All vendors within the food truck park must be issued a sales tax number by the MS Dept. of Revenue designating them as a City of Hernando business.

(f)

Vendors are limited to 12 times per year within all phases of a single subdivision and must be located on private property or on common open space.

(g)

Exemptions:

a.

The City of Hernando, civic and nonprofit organizations, churches and religious organizations wishing to conduct a carnival, general sale, fair, auction, bazaar or other activity may apply to the mayor and board of aldermen for an allowance of mobile food vendors. The Mayor and Board of Aldermen may approve, if they are reasonably convinced that the substantial majority of funds raised by the proposed activity will be used for charitable purposes or promotion of the public good within the community.

iii.

Conditional uses:

The following uses may be permitted, if approved by the Planning Commission, in accordance with the procedures and under the conditions set forth in Article XIV, provided such conditional uses shall comply with the height and area regulations and with the parking regulations for similar uses set out elsewhere in this ordinance.

(1)

The conditional uses shall be the same as in the "AR" Agricultural Residential District.

(2)

Private schools.

(3)

Radio and television towers, or antennas or earth stations exceeding 35 feet in height. Wireless communications towers shall be demolished and removed within ninety (90) days after 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 in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.

(4)

Public service facilities.

iv.

Each site in the "R-12" District shall be subject to the following site development regulations:

v.

Additional Regulations.

(1)

Site Plan Approval Required: For any development designated in the R-12 District, an overall site development plan and text presenting the information defined in Article VI, Section 10, Paragraphs f, g, and h must be submitted and approved by the Planning Commission.

g.

"R-10" Residential Single-Family District (Medium Density).

i.

Purpose. The "R-10" District is designated to provide suitable areas for medium density residential development where complete urban services and facilities are provided or when the extension of such services or facilities will be physically and economically facilitated. Generally, this district will be characterized by single-family detached dwellings, and such other structures as are accessory thereto. This district is intended, also, to permit community facilities and public utility installations which are necessary to service and do service specifically the residents of this district, or which are benefitted by and compatible with a residential environment.

ii.

Permitted Uses:

(1)

Single-family Dwellings.

(2)

Churches.

(3)

Country Club.

(4)

Model home including sales offices located within developing subdivisions to be used for the promotion of original sales of lots and houses within that subdivision only.

(5)

Radio and television towers, or antennas, or earth stations not exceeding 35 feet in height. Wireless communications towers shall be demolished and removed within ninety (90) days after 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 in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.

(6)

Schools.

(7)

Public parks, playgrounds, recreational and community facilities and buildings of a non-commercial nature.

(8)

Home occupations subject to the standards defined under "A" Agricultural District.

(9)

Accessory buildings and uses as provided in Article XII.

(10)

Mobile Food Vendors with the following guidelines:

(a)

The applicant shall secure all necessary approvals from the Department of Health.

(b)

The applicant shall provide a plan for bathrooms and public parking.

(c)

The applicant shall secure a business license through the Planning Department.

(d)

The applicant shall secure a Use and Occupancy approval for each vendor.

(e)

All vendors within the food truck park must be issued a sales tax number by the MS Dept. of Revenue designating them as a City of Hernando business.

(f)

Vendors are limited to 12 times per year within all phases of a single subdivision and must be located on private property or on common open space.

(g)

Exemptions:

a.

The City of Hernando, civic and nonprofit organizations, churches and religious organizations wishing to conduct a carnival, general sale, fair, auction, bazaar or other activity may apply to the mayor and board of aldermen for an allowance of mobile food vendors. The Mayor and Board of Aldermen may approve, if they are reasonably convinced that the substantial majority of funds raised by the proposed activity will be used for charitable purposes or promotion of the public good within the community.

iii.

Conditional uses:

The following uses may be permitted, if approved by the Planning Commission, in accordance with the procedures and under the conditions set forth in Article XIV, provided such conditional uses shall comply with the height and area regulations and with the parking regulations for similar uses set out elsewhere in this ordinance.

(1)

The conditional uses shall be the same as in the "AR" Agricultural Residential District.

(2)

Private schools.

(3)

Radio and television towers, or antennas or earth stations exceeding 35 feet in height. Wireless communications towers shall be demolished and removed within ninety (90) days after 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 in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.

(4)

Public service facilities.

iv.

Site Development Regulations. Each site in the "R-10" District shall be subject to the following site development regulations:

v.

Additional Regulations.

(1)

Site Plan Approval Required: For any development designated in the R-10 District, an overall site development plan and text presenting the information defined in Article VI, Section 10, Paragraphs f, g, and h, must be submitted and approved by the Planning Commission prior to issuance of building permits.

h.

"R-8" Residential Single-Family District (Medium Density).

i.

Purpose. The "R-8" District is intended to provide medium density residential neighborhoods with single-family characteristics, while also allowing considerable latitude in the physical design of housing. Generally, this district will permit single-family detached and attached residential and town houses, and such other structures as are accessory thereto. This district is intended, also, to permit community facilities and public utility installations which are necessary to service and do service specifically the residents of this district, or which are benefitted by and compatible with a residential environment.

ii.

Permitted Uses:

(1)

Single-family Dwellings.

(2)

Churches.

(3)

Country Club.

(4)

Model home including sales offices located within developing subdivisions to be used for the promotion of original sales of lots and houses within that subdivision only.

(5)

Radio and television towers, or antennas, or earth stations not exceeding 35 feet in height. Wireless communications towers shall be demolished and removed within ninety (90) days after 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 in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.

(6)

Schools, public.

(7)

Public parks, playgrounds, recreational and community facilities and buildings of a non-commercial nature.

(8)

Home occupations subject to the standards defined under "A" Agricultural District.

(9)

Accessory buildings and uses as provided in Article XII.

(10)

Mobile Food Vendors with the following guidelines:

(a)

The applicant shall secure all necessary approvals from the Department of Health.

(b)

The applicant shall provide a plan for bathrooms and public parking.

(c)

The applicant shall secure a business license through the Planning Department.

(d)

The applicant shall secure a Use and Occupancy approval for each vendor.

(e)

All vendors within the food truck park must be issued a sales tax number by the MS Dept. of Revenue designating them as a City of Hernando business.

(f)

Vendors are limited to 12 times per year within all phases of a single subdivision and must be located on private property or on common open space.

(g)

Exemptions:

a.

The City of Hernando, civic and nonprofit organizations, churches and religious organizations wishing to conduct a carnival, general sale, fair, auction, bazaar or other activity may apply to the mayor and board of aldermen for an allowance of mobile food vendors. The Mayor and Board of Aldermen may approve, if they are reasonably convinced that the substantial majority of funds raised by the proposed activity will be used for charitable purposes or promotion of the public good within the community.

iii.

Conditional uses:

The following uses may be permitted, if approved by the Planning Commission, in accordance with the procedures and under the conditions set forth in Article XIV, provided such conditional uses shall comply with the height and area regulations and with the parking regulations for similar uses set out elsewhere in this ordinance.

(1)

The conditional uses shall be the same as in the "AR" Agricultural Residential District.

(2)

Private schools.

(3)

Radio and television towers, or antennas or earth stations exceeding 35 feet in height. Wireless communications towers shall be demolished and removed within ninety (90) days after 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 in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.

(4)

Public service facilities.

iv.

Each site in the "R-8" District shall be subject to the following site development regulations:

v.

Additional Regulations.

(1)

Site Plan Approval Required: For any development designated in the R-8 District, an overall site development plan and text presenting the information defined in Article VI, Section 10, Paragraphs f, g, and h, must be submitted and approved by the Planning Commission prior to issuance of building permits.

(2)

Use of Zero Lot Line in Single-Family Detached in R-8 District: Within a common development, one (1) interior side yard may be equal to zero for single-family detached residential use, subject to the following additional regulations:

(a)

The side yard opposite to the zero yard must equal at least 16 feet.

(b)

The normal side yard setback requirement must be maintained adjacent to any lot with an existing structure not within the common development, or not otherwise designated for zero lot line use.

(c)

An easement providing for maintenance of the zero-lot line facade is filed with the County Chancery Clerk and the City Building Permits Department at the time of application for a building permit.

(3)

Single-Family Attached in the R-8 District: The side yard opposite to the common wall must be equal to at least eight (8) feet.

(4)

Townhouse/Condominium Residential in the R-8 District: Townhouse/condominium residential is permitted in this district, subject to the following additional regulations:

(a)

A maximum of six (6) townhouse units may be attached in any one (1) townhouse structure.

(b)

The site area per unit for any common townhouse development must equal at least eight thousand (8,000) square feet.

(c)

The minimum size for any townhouse lot sold individually shall be four thousand (4,000) square feet.

(d)

The minimum width for any townhouse lot sold individually shall be twenty (20) feet.

(5)

The maximum floor area ratio shall be computed for the entire common development and for each individual lot within the development. A single lot within the common development cannot exceed the maximum floor area ratio of .40 (.40 square feet of building area per one (1) square foot of site/lot area).

i.

"R-6" Residential Single-Family District (Medium Density).

i.

Purpose.

The "R-6" District is intended to provide medium density residential neighborhoods with single-family characteristics, while also allowing considerable latitude in the physical design of housing. Generally, this district will permit single-family detached and attached residential and townhouses, except when otherwise permitted in a residential overlay district, and such other structures as are accessory thereto. This district is intended, also, to permit community facilities and public utility installations which are necessary to service and do service specifically the residents of this district, or which are benefitted by and compatible with a residential environment.

ii.

Permitted Uses:

(1)

Single-family Dwellings.

(2)

Churches.

(3)

Country Club.

(4)

Model home including sales offices located within developing subdivisions o be used for the promotion of original sales of lots and houses within that subdivision only.

(5)

Radio and television towers, or antennas, or earth stations not exceeding 35 feet in height. Wireless communications towers shall be demolished and removed within ninety (90) days after 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 in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.

(6)

Schools, public.

(7)

Public parks, playgrounds, recreational and community facilities and buildings of a non-commercial nature.

(8)

Home occupations subject to the standards defined under "A" Agricultural.

(9)

Accessory buildings and uses as provided in Article XII.

(10)

Mobile Food Vendors with the following guidelines:

(a)

The applicant shall secure all necessary approvals from the Department of Health.

(b)

The applicant shall provide a plan for bathrooms and public parking.

(c)

The applicant shall secure a business license through the Planning Department.

(d)

The applicant shall secure a Use and Occupancy approval for each vendor.

(e)

All vendors within the food truck park must be issued a sales tax number by the MS Dept. of Revenue designating them as a City of Hernando business.

(f)

Vendors are limited to 12 times per year within all phases of a single subdivision and must be located on private property or on common open space.

(g)

Exemptions:

a.

The City of Hernando, civic and nonprofit organizations, churches and religious organizations wishing to conduct a carnival, general sale, fair, auction, bazaar or other activity may apply to the mayor and board of aldermen for an allowance of mobile food vendors. The Mayor and Board of Aldermen may approve, if they are reasonably convinced that the substantial majority of funds raised by the proposed activity will be used for charitable purposes or promotion of the public good within the community.

ii[i].

Conditional uses:

The following uses may be permitted, if approved by the Planning Commission, in accordance with the procedures and under the conditions set forth in Article XIV, provided such conditional uses shall comply with the height and area regulations and with the parking regulations for similar uses set out elsewhere in this ordinance.

(1)

The conditional uses shall be the same as in the "AR" Agricultural Residential District.

(2)

Private schools.

(3)

Radio and television towers, or antennas or earth stations exceeding 35 feet in height. Wireless communications towers shall be demolished and removed within ninety (90) days after 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 in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.

(4)

Public service facilities.

iii[iv].

Each site in the "R-6" District shall be subject to the following site development regulation:

iv[v].

Additional Regulations.

(1)

Site Plan Approval Required: For any development designated in the R-6 District, an overall site development plan and text presenting the information defined in Article VI, Section 10, Paragraphs f, g, and h, must be submitted and approved by the Planning Commission prior to issuance of building permits.

(2)

Use of Zero Lot Line in Single-Family Detached in R-6 District: Within a common development, one (1) interior side yard may be equal to zero for single-family detached residential use, subject to the following additional regulations.

(a)

The side yard opposite to the zero yard must equal at least 16 feet.

(b)

The normal side yard setback requirement must be maintained adjacent to any lot with an existing structure not within the common development, or not otherwise designated for zero lot line use.

(c)

An easement providing for maintenance of the zero-lot line facade is filed with the County Chancery Clerk and the City Building Permits Department at the time of application for a building permit.

(3)

Single-Family Attached in the R-6 District: Single-family attached residential is permitted in this district, subject to the following additional regulation.

(a)

The side yard opposite of the common wall must be equal to at least eight (8) feet.

(4)

Townhouse/Condominium Residential in the R-6 District: Townhouse/condominium residential is permitted in this district, subject to the following additional regulations:

(a)

A maximum of six (6) townhouse units may be attached in any one (1) townhouse structure.

(b)

The site area per unit for any common townhouse development must equal at least six thousand (6,000) square feet.

(c)

The minimum size for any townhouse lot sold individually shall be three thousand (3,000) square feet.

(d)

The minimum width for any townhouse lot sold individually shall be twenty (20) feet.

(e)

The maximum floor area ratio shall be computed for the entire common development and for each individual lot within the development. A single lot within the common development cannot exceed the maximum floor area ratio of .6 (.6 square feet of building area per one (1) square foot of site/lot area).

j.

"RM-8" Residential Multiple Family District (High Density).

i.

Purpose. The "RM-8" District is designated to provide locations for high density, multiple family housing in the approximate range of 8 to 12 dwelling units per gross acre of site area. It is not the intent of this ordinance, however, to restrict in number the dwelling units contained in a building, provided there is sufficient site area and open space on a lot relative to the number of dwelling units thereon. Generally, this district will be characterized by residential structures each containing a multiple number of dwelling units. The RM-8 District applies to areas in which a mix of single-family and multiple-family housing is appropriate to create a unified urban neighborhood; transitional areas between lower and higher intensity uses; developing areas of multiple-family housing where sufficient urban facilities are available or where such facilities will be available prior to development. This district is intended also to permit community facilities and public utility installations which are necessary to service and do service specifically the residents of this district, or which are benefitted by and compatible with a residential environment.

ii.

Permitted Uses:

(1)

Single-family Dwellings.

(2)

Churches.

(3)

Country Club.

(4)

Model home including sales offices located within developing subdivisions o be used for the promotion of original sales of lots and houses within that subdivision only.

(5)

Radio and television towers, or antennas, or earth stations not exceeding 35 feet in height. Wireless communications towers shall be demolished and removed within ninety (90) days after 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 in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.

(6)

Schools, public.

(7)

Public parks, playgrounds, recreational and community facilities and buildings of a non-commercial nature.

(8)

Home occupations subject to the standards defined under "A" Agricultural District.

(9)

Accessory buildings and uses as provided in Article XII.

(10)

Mobile Food Vendors with the following guidelines:

(a)

The applicant shall secure all necessary approvals from the Department of Health.

(b)

The applicant shall provide a plan for bathrooms and public parking.

(c)

The applicant shall secure a business license through the Planning Department.

(d)

The applicant shall secure a Use and Occupancy approval for each vendor.

(e)

All vendors within the food truck park must be issued a sales tax number by the MS Dept. of Revenue designating them as a City of Hernando business.

(f)

Vendors are limited to 12 times per year within all phases of a single subdivision and must be located on private property or on common open space.

(g)

Exemptions:

a.

The City of Hernando, civic and nonprofit organizations, churches and religious organizations wishing to conduct a carnival, general sale, fair, auction, bazaar or other activity may apply to the mayor and board of aldermen for an allowance of mobile food vendors. The Mayor and Board of Aldermen may approve, if they are reasonably convinced that the substantial majority of funds raised by the proposed activity will be used for charitable purposes or promotion of the public good within the community.

iii.

Conditional uses:

The following uses may be permitted, if approved by the Planning Commission, in accordance with the procedures and under the conditions set forth in Article XIV, provided such conditional uses shall comply with the height and area regulations and with the parking regulations for similar uses set out elsewhere in this ordinance.

(1)

The conditional uses shall be the same as in the "AR" Agricultural Residential District.

(2)

Private schools.

(3)

Radio and television towers, or antennas or earth stations exceeding 35 feet in height. Wireless communications towers shall be demolished and removed within ninety (90) days after 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 in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.

(4)

Public service facilities.

iv.

Site Development Regulations. Each site in the "RM-8" District shall be subject to the following site development regulations:

v.

Additional Regulations.

(1)

Site Plan Approval Required: For any development designated in the RM-8 District, an overall site development plan and text presenting the information defined in Article VI, Section 10, Paragraphs f, g, and h, must be submitted and approved by the Planning Commission prior to issuance of building permits.

(2)

Use of Zero Lot Line in Single-Family Detached in RM-8 District: Within a common development, one (1) interior side yard may be equal to zero for single-family detached residential use, subject to the following additional regulations:

(a)

The side yard opposite to the zero yard must equal at least 10 feet.

(b)

The normal side yard setback requirement must be maintained adjacent to any lot with an existing structure not within the common development, or not otherwise designated for zero lot line use.

(c)

An easement providing for maintenance of the zero lot line facade is filed with the County Chancery Clerk and the City Building Permits Department at the time of application for a building permit.

(3)

Single-Family Attached in the RM-8 District: Single-family attached residential is permitted in this district, subject to the following additional regulation:

(a)

Minimum lot area is six thousand (6,000) square feet for an entire structure and three thousand (3,000) square feet for any one (1) dwelling unit sold individually.

(b)

Minimum lot width shall be sixty (60) feet for an entire structure and thirty (30) feet for any one (1) dwelling unit sold individually.

(c)

The side yard opposite to the common wall must be equal to at least eight (8) feet.

(4)

Townhouse/Condominium Residential in the RM-8 District: Townhouse/condominium residential is permitted in this district, subject to the following additional regulations:

(a)

A maximum of six (6) townhouse units may be attached in any one (1) townhouse structure.

(b)

The site area per unit for any common townhouse development must equal at least five thousand (5,000) square feet.

(c)

The minimum size for any townhouse lot sold individually shall be two thousand (2,000) square feet.

(d)

The minimum width for any townhouse lot sold individually shall be twenty (20) feet.

(e)

The maximum floor area ratio shall be computed for the entire common development and for each individual lot within the development. A single lot within the common development cannot exceed the maximum floor area ratio of .80 (.80 square feet of building area per one (1) square foot of site/lot area).

k.

"RM-6" Residential Multiple-Family District (High Density).

i.

Purpose. The "RM-6" District is designated to provide locations for higher density, multiple family housing in the approximate range of 10 to 15 dwelling units per gross acreage of site area. It is not the intent of this ordinance, however, to restrict in number the dwelling units contained in a building, provided there is sufficient site area and open space on a lot relative to the number of dwelling units thereon. Generally, this district will be characterized by residential structures each containing a multiple number of dwelling units. The RM-6 District applies to areas in which a mix of single-family and multiple-family housing is appropriate to create a unified urban neighborhood; transitional areas between lower and higher intensity uses; developing areas of multiple-family housing where sufficient urban facilities are available or where such facilities will be available prior to development. This district is intended also to permit community facilities and public utility installations which are necessary to service and do service specifically the residents of this district, or which are benefitted by and compatible with a residential environment.

ii.

Permitted Uses:

(1)

Single-family.

(2)

Churches.

(3)

Country Club.

(4)

Model home including sales offices located within developing subdivisions o be used for the promotion of original sales of lots and houses within that subdivision only.

(5)

Radio and television towers, or antennas, or earth stations not exceeding 35 feet in height. Wireless communications towers shall be demolished and removed within ninety (90) days after 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 in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.

(6)

Schools, public.

(7)

Public parks, playgrounds, recreational and community facilities and buildings of a non-commercial nature.

(8)

Home occupations subject to the standards defined under "A" Agricultural District.

(9)

Accessory buildings and uses as provided in Article XII.

(10)

Mobile Food Vendors with the following guidelines:

(a)

The applicant shall secure all necessary approvals from the Department of Health.

(b)

The applicant shall provide a plan for bathrooms and public parking.

(c)

The applicant shall secure a business license through the Planning Department.

(d)

The applicant shall secure a Use and Occupancy approval for each vendor.

(e)

All vendors within the food truck park must be issued a sales tax number by the MS Dept. of Revenue designating them as a City of Hernando business.

(f)

Vendors are limited to 12 times per year within all phases of a single subdivision and must be located on private property or on common open space.

(g)

Exemptions:

a.

The City of Hernando, civic and nonprofit organizations, churches and religious organizations wishing to conduct a carnival, general sale, fair, auction, bazaar or other activity may apply to the mayor and board of aldermen for an allowance of mobile food vendors. The Mayor and Board of Aldermen may approve, if they are reasonably convinced that the substantial majority of funds raised by the proposed activity will be used for charitable purposes or promotion of the public good within the community.

iii.

Conditional uses:

The following uses may be permitted, if approved by the Planning Commission, in accordance with the procedures and under the conditions set forth in Article XIV, provided such conditional uses shall comply with the height and area regulations and with the parking regulations for similar uses set out elsewhere in this ordinance.

(1)

The conditional uses shall be the same as in the "AR" Agricultural Residential District.

(2)

Private schools.

(3)

Radio and television towers, or antennas or earth stations exceeding 35 feet in height. Wireless communications towers shall be demolished and removed within ninety (90) days after 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 in a form acceptable to the city and in an amount determined by the city to be sufficient to pay for the costs of demolition and renewal.

(4)

Public service facilities.

iv.

Each site in the "RM-6" District shall be subject to the following site development regulations:

v.

Additional Regulations.

(1)

Site Plan Approval Required: For any development designated in the RM-6 District, an overall site development plan and text presenting the information defined in Article VI, Section 10, Paragraphs f, g, and h, must be submitted and approved by the Planning Commission prior to issuance of building permits.

(2)

Use of Zero Lot Line in Single-Family Detached in RM-6 District: Within a common development, one (1) interior side yard may be equal to zero for single-family detached residential use, subject to the following additional regulations:

(a)

The side yard opposite to the zero yard must equal at least 10 feet.

(b)

The normal side yard setback requirement must be maintained adjacent to any lot with an existing structure not within the common development, or not otherwise designated for zero lot line use.

(c)

An easement providing for maintenance of the zero-lot line facade is filed with the County Chancery Clerk and the City Building Permits Department at the time of application for a building permit.

(3)

Single-Family Attached in the RM-6 District: Single-family attached residential is permitted in this district, subject to the following additional regulation:

(a)

Minimum lot area is six thousand (6,000) square feet for an entire structure and three thousand (3,000) square feet for any one (1) dwelling unit sold individually.

(b)

Minimum lot width shall be sixty (60) feet for an entire structure and thirty (30) feet for any one (1) dwelling unit sold individually.

(c)

The side yard opposite to the common wall must be equal to at least eight (8) feet.

(4)

Townhouse/Condominium Residential in the RM-6 District: Townhouse/condominium residential is permitted in this district, subject to the following additional regulations:

(a)

A maximum of six (6) townhouse units may be attached in any one (1) townhouse structure.

(b)

The site area per unit for any common townhouse development must equal at least four thousand (4,000) square feet.

(c)

The minimum size for any townhouse lot sold individually shall be fifteen hundred (1,500) square feet.

(d)

The minimum width for any townhouse lot sold individually shall be twenty (20) feet.

(e)

The maximum floor area ratio shall be computed for the entire common development and for each individual lot within the development. A single lot within the common development cannot exceed the maximum floor area ratio of 1.00 (1.00 square feet of building area per one (1) square foot of site/lot area).

(i)

For any two family, townhouse, multi-family, or residential condominium development, an overall Site Development Plan and text presenting the information defined in Paragraph d below must be submitted for approval by the Planning Commission prior to issuance of building permits.

(ii)

The site development plan is intended to demonstrate to the Planning Commission the character and objectives of the proposed development in adequate detail for the Planning Commission to evaluate the effect the proposed development would have on the community, and determine what provisions, if any, should be included as part of the plan and be binding on the use and development of the subject property.

(iii)

The filing of a Site Development Plan shall constitute an agreement by the owner and applicant, their heirs, successors, and assigns that if the Development Plan is approved by the City of Hernando, building permits for improvement of such property shall be issued only when in conformance with the binding elements of the site development plan as approved by the City of Hernando for said property in question. Such plan shall be strictly complied with and be enforceable in the same manner as the Zoning District Regulations.

vi.

Site Development Plan Elements.

(1)

Existing topography, with a contour interval not greater than five (5) feet unless specifically waived by the Planning Commission.

(2)

Vicinity Map with measurements to existing streets.

(3)

Boundary description, including area and bearings and dimensions of all property lines.

(4)

Lot size and location, height, floor area, number of dwelling units, and arrangement of proposed and existing buildings.

(5)

Proposed use of the structures on the subject property.

(6)

Existing tree masses, streams, flood plains, and other natural forces.

(7)

Provisions for general landscaping, screening, buffering, recreational, and open space areas. Reference should be made to Plates A, B, C for screening between multifamily developments and adjacent uses.

(8)

Proposed means of dedication of common open space areas and organizational arrangements for the ownership, maintenance and preservation of common open space.

(9)

The location, arrangement, and dimensions of:

(a)

Existing and proposed streets and driveways.

(b)

Adjacent streets.

(c)

Sidewalks.

(d)

Parking areas, including the number of off-street parking spaces.

(e)

Points of ingress and egress.

(f)

Off-street loading areas.

(g)

Other vehicular, bicycle, or pedestrian rights-of-way.

(10)

Provisions for handling surface water drainage and other utilities information such as proposals for water and sewer service, fire hydrants, street lighting, gas electricity, telephone service, and similar information including location and dimensions.

(11)

Proposed stages of development, if applicable, and the anticipated time required to develop each stage.

(12)

The developer shall also submit sketches of the plan for the entire development, including perspective drawings as necessary, showing the relationship of uses, streets, driveways, parking areas, buildings, open space, the general character of the proposed development and any other necessary plans to insure that their construction shall conform to City of Hernando building regulations.

(13)

Relation to the City of Hernando General Development Plan, land uses in the surrounding area and to the Site Development Plan.

vii.

Site Development Plan - Minimum Standards.

(1)

Area Requirements: The minimum required lot area shall be 9,000 square feet, for the first dwelling unit, 12,000 square feet, for the second dwelling unit and the third dwelling unit, and 2,800 square feet, for each additional dwelling unit over three.

(2)

Height and Yard Requirements: Front, side, and rear yard requirements, as well as height requirements, arc listed on the Chart of Regulations.

(3)

Off-Street Parking: A minimum of two off-street hard surface parking spaces per dwelling unit shall be required.

(4)

Street widths and improvements must conform to the requirements established by the City of Hernando.

(5)

A minimum total area of 10 percent of the gross residential area shall be set aside as parks and playgrounds. Of this 10 percent a maximum of one-half may be covered with water. A maximum of 5 percent of the area designated to be parks and playgrounds may be covered with structures to be used in the recreational use of the area. Parks and playgrounds must be suitably improved for their intended use but parks and playgrounds containing natural features clearly worthy of preservation may be left unimproved.

(6)

Drainage Provisions: A means of on-site drainage shall be provided to control storm water run-off so that surface waters will be properly disposed of without adversely affecting neighboring properties through erosion, flooding and other drainage problems. Drainage provisions shall be made to the satisfaction and requirements of the City Engineer and the City of Hernando.

(7)

All required improvements are to be installed and maintained by the developer unless other arrangements approved by the City of Hernando are made.

(8)

The City of Hernando may require other special improvements as they are required if they are deemed reasonable and essential.

viii.

Site Development Plan—Scope of Planning Commission Review.

The Planning Commission shall consider, but not be limited to the following factors in review of the site development plan:

(1)

The conservation of natural resources on the property proposed for development, including: trees and other living vegetation, steep slopes, water courses, floodplains, soils, air quality, scenic views and historic sites.

(2)

The provision of safe and efficient vehicular and pedestrian transportation both within the development, and the community.

(3)

The provision of sufficient open space to meet the needs of the proposed development.

(4)

The provision of-adequate drainage facilities on the subject site in order to prevent drainage problems from occurring on the subject site or within the community.

(5)

The compatibility of the overall site design (location of buildings, parking lots, screening, general landscaping) and the land use within the existing area and projected future development of the area.

(6)

The existence and/or provision of adequate community facilities to serve the proposed development (i.e. water, sewerage, schools, streets, etc.).

(7)

Conformance of the site development plan with the General Development Plan and any other applicable requirements of the Zoning Ordinance. .

ix.

Other Provisions:

(1)

In the C-3 and M district, buildings may be erected to ten stories or 120 feet subject to the provision of appropriate municipal services and provided that any building that exceeds 35 feet in height shall be set back from all required yard lines one foot for each foot the building exceeds 35 feet in height.

(2)

Height limitations shall not apply to:

(a)

chimneys, steeples, cooling towers, elevator bulkheads, radio & television towers, antennas & wireless communication facilities, fire towers, monuments, stage towers, scenery lofts, water tanks, silos, grain elevators, farm buildings, and necessary mechanical appurtenances.

(b)

Storage buildings are exempt from the story limitation but not the number of feet.

(c)

If a public building, church, temple, hospital, institution, or school, is set back an additional distance over the required setback, its height may be increased one foot over the its height limitation for each foot of additional setback.

(3)

On double frontage lots and corner lots, the required front yard shall be provided on both streets.

(4)

In a commercial lot abutting a residential district, there shall be provided a side yard equal to that required in the residential district.

(5)

In the "A" district, there may be more than one residential structure located on a lot provided that:

(a)

The structures are situated so as to meet the yard requirements of an actual subdivision;

(b)

All property is vested in a single ownership.

x.

Miscellaneous Requirements:

(1)

In the RM-6, RM-8, C, and M districts, there may be two or more related buildings on a lot provided that the required yards are maintained and buildings that are parallel or within 45 degrees of being parallel are separated by a horizontal distance that is equal to the height of the highest building.

(2)

Front yards in all districts must remain open to the sky and unobstructed from the ground upward except for the projection from the buildings permitted by this ordinance.

(3)

When a street upon which lot fronts have an existing right-of-way less than that designated in the General Plan, consultation shall be made with the City Engineer to determine the building setback line which accounts for the proposed right-of-way of the street.

(4)

Yard Exceptions:

(a)

On lots of record which do not meet minimum width requirements, the side yard may be reduced to ten percent of the lot width but not less than three feet;

(b)

Sills, belt course, cornices, and ornament features may project a maximum of two feet into a required yard.

(c)

Open fire escapes, fireproof outside stairways, and balconies opening on fire towers, and the ordinary projections of chimneys into a rear yard for a distance of not more than three and one-half feet when so placed as not to obstruct light and ventilation, may be permitted by the Building Official;

(d)

Terraces or patios which are uncovered and not above the level of the first floor may project into the required yard, provided these projections be located at least two feet from an adjacent property line;

(e)

Where a garage is entered from an alley, it must be a minimum of 10 feet from the alley line;

(f)

Gasoline pumps and service islands must be back a minimum of 35 feet from the street or right-of-way line. The front edge of a service station canopy sheltering service islands must be set back a minimum of 20 feet from the street right-of-way line;

(g)

The use of any yard area for the accumulation of used, discarded, or worn out materials or manufactured products which may or may not be reusable or salable is expressly prohibited. Likewise, junk cars as defined herein are expressly prohibited from being located in any yard areas;

(h)

No building permits shall be issued for a building or facility on a lot approved by City of Hernando unless the sewage there from shall be collected and treated by a central system or unless the DeSoto County Health Department approves in writing the use of septic tank and disposal field on the lot.

In subdivisions having three lots or less and central water, the minimum lot size may be 1 acre.

** The sum of all required side yards shall be a minimum of twenty (20) feet, fifteen (15) feet, and eight (8) feet respectively.

(Ord. of 7-20-2023)