a.

"C-1" Neighborhood Commercial District.

i.

The purpose of this district is to provide for retail shopping for everyday needs and personal services to serve the surrounding residential areas. The height of buildings and open spaces surrounding the district will not adversely affect nearby residences. Generally, the districts are located at the intersections of major streets within residential areas. In the "C-1" Neighborhood Commercial District, a building shall be limited to an area up to 10,000 square feet and the premises shall be used only for the following purposes:

ii.

Permitted uses.

(1)

Accessory dwelling unit.

(2)

Art or photo studio.

(3)

Bakery.

(4)

Barber or beauty shop.

(5)

Cleaning pickup station.

(6)

Day care center.

(7)

Doctor or dentist offices.

(8)

Drug store.

(9)

Exercise center.

(10)

Financial services, banks, savings and loan associations, but not including short-term loan establishments such as check cashing, title loan, or other similar establishments.

(11)

Flower or plant store.

(12)

Grocery.

(13)

Indoor recreation center, arcade with video, pinball machines but excluding theaters, bowling alleys, skating rinks.

(14)

Music or dancing academy.

(15)

Nursery school.

(16)

Offices.

(17)

Photo finishing, pick up station.

(18)

Post office or postal facility.

(19)

Public Service Facilities.

(20)

Print shops.

(21)

Radio and television towers, antennas, earth stations or wireless communication facilities, which are a co-location, or do not exceed 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.

(22)

Repair and service shops for repair and servicing of bicycles, electrical, radio, television appliances, keys and similar articles.

(23)

Restaurant and carryout.

(24)

Retail shops, other.

(25)

Self-service laundry and dry cleaning.

(26)

Veterinary clinic where there are no open kennels.

(27)

Accessory uses as provided in Article XII.

(28)

Convenience Store.

(29)

Cannabis research facility" or "research facility".

(30)

"Cannabis testing facility" or "testing facility".

(31)

"Cannabis transportation entity".

(32)

"Medical cannabis dispensary" or "dispensary".

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 set out elsewhere in this ordinance.

(1)

Churches.

(2)

Club, lodge, country club.

(3)

Schools, public or private.

(4)

Gas pumps as an accessory use to a convenience store.

(5)

Car wash.

(6)

Theaters but not drive-in theaters.

(7)

Temporary use of prefabricated buildings or mobile homes for any permitted or conditional uses listed above other than accessory buildings.

(8)

Radio and television towers, antennas, earth stations, or wireless communication facilities, which are not a co-location, or do exceed 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.

(9)

Expansion of non-conforming uses.

(10)

Cannabis cultivation facility.

(11)

Cannabis disposal entity.

(12)

Cannabis processing facility.

(13)

Mobile Food Vendor Park 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)

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.

iv.

Off-street parking and loading shall be prescribed in Article XV.

v.

Minimum area, yard, and height requirements which govern any use in this district are listed on the Chart of Regulations unless otherwise regulated in this Article.

b.

"C-2" Highway Commercial District.

i.

The purpose of this district is to provide for retail and service outlets serving not only nearby residential areas, but distant areas as well and especially the needs of through highway traffic. The districts are primarily located along heavily traveled, state and federal highways. In the "C-2" Highway Commercial District, a building or premises shall be used only for the following purposes:

Permitted uses:

(1)

Any use permitted in the "C-1" Neighborhood Commercial District with the exception of fuel pumps as an accessory to a convenience store.

(2)

Aluminum can collection centers with no machinery processing or outside storage.

(3)

Animal and veterinary clinics with no open kennels.

(4)

Bus terminal or service facility.

(5)

Cleaning establishment.

(6)

Club, lodge, country club.

(7)

Contractors storage, indoor.

(8)

Crop, soil preparation, agricultural services.

(9)

Department or discount store.

(10)

Farm implement and heavy equipment sales and repair establishments.

(11)

Farm or feed stores including accessory storage of liquid or solid fertilizers.

(12)

Flea markets, indoor.

(13)

Greenhouse or nursery.

(14)

Hotel, motel or motor lodge.

(15)

Indoor shooting gallery.

(16)

Lawn, tree or garden service.

(17)

Lumberyard.

(18)

Manufactured home sales, service repair and storage facilities including camping trailers, tents and touring vans but not including a manufactured home park or mobile home or trailer park and not allowing storage of damaged mobile or manufactured homes.

(19)

Motor vehicle sales, service and repair. Salvage or junk, and any major repair or storage of equipment or materials or damaged vehicles shall be completely concealed from surrounding properties and no more than five (5) shall be stored on the property at any one time.

(20)

Mortuary or funeral home.

(21)

Parking, automobile parking lot or garage.

(22)

Photo finishing.

(23)

Plumbing shop.

(24)

Printing and publishing establishments.

(25)

Processing and manufacturing incidental to a retail establishment but which create no noticeable obnoxious effects to surrounding property owners or tenants.

(26)

Public service facility.

(27)

Radio or TV studio.

(28)

Radio and television towers, antennas, earth stations or wireless communication facilities, which are a co-location, or do not exceed 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.

(29)

Recreation center, arcade with video, pinball games.

(30)

Restaurant, drive-in or otherwise.

(31)

Retail, service truck route center.

(32)

Reserved.

(33)

Schools, public and private.

(34)

Telephone service or switching.

(35)

Used car, trailer, boat sales, recreation vehicles, campers sales and storage lots with the following guidelines.

(a)

Hard surface parking areas will be provided for all areas in the front of the building;

(b)

No placement of vehicles in any road right-of-way;

(c)

Landscape screening will be provided along the exterior of the property to be approved by the Planning Commission with an emphasis on low shrubs in front and taller trees & shrubs along sides and rear;

(d)

No banners and/or signs obstructing entry or exit sight lines;

(e)

No inoperable vehicles will be located outside of an opaque screening;

(f)

Site review and approval, including lighting plan, is required by the Planning Commission;

(36)

Vehicle wash.

(37)

Wholesale merchandising and storage warehouses not exceeding 8,000 square feet in floor area and not employing more than 10 persons on the premises at any one time.

(38)

Utility Substations.

(39)

Cannabis research facility" or "research facility".

(40)

"Cannabis testing facility" or "testing facility".

(41)

"Cannabis transportation entity".

(42)

"Medical cannabis dispensary" or "dispensary".

ii.

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)

Amusements, commercial.

(2)

Campground, travel trailer parks.

(3)

Churches.

(4)

Contractors yard or storage, outdoor.

(5)

Drive-in theaters.

(6)

Health spas, massage therapy establishments, and similar uses.

(7)

Flea markets (outdoor).

(8)

Laboratories.

(9)

Liquor store.

(10)

Lounges, bars, taverns, and similar establishments.

(11)

Machine shop and sheet metal shop.

(12)

Mini-warehouses under the following conditions:

(a)

The site must contain a minimum, of 2 acres, but no more than 5 acres.

(b)

The minimum distance between buildings shall be 20 feet, except in a turning radius, in which case the minimum distance between buildings shall be 25 feet.

(c)

One (1) parking space for each 10 compartments must be provided.

(d)

All driveways, parking, loading and vehicle circulation areas shall be paved.

(e)

A minimum 6-foot high fence shall be erected, the composition of which shall be approved by the Planning Commission. A portion of the 50-foot front yard set-back requirement for fences may be waived at the discretion of the Planning Commission.

(f)

Only one sign, meeting the requirements of Article XII, is allowed.

(g)

Only dead storage will be allowed; no transfer and storage business will be allowed.

(h)

No explosives, radioactive, or other hazardous material will be stored on the premises.

(i)

Other conditions deemed necessary and appropriate by the Planning Commission to uphold the intent of the General Development Plan may be attached to any approval including but not limited to lighting, screening, landscaping, architectural design, and live-in managers.

(j)

Along with the conditional use application the applicant must submit to the Board of Adjustment Staff a development plan showing the proposed buildings in relation to the property, ingress and egress, and architectural drawings of the buildings.

(13)

Printing and publishing establishments.

(14)

Radio and television towers, antennas, earth stations, or wireless communication facilities, which are not a co-location, or do exceed 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.

(15)

Wrecker services and temporary storage of junk cars provided.

(a)

All junk cars are completely concealed from all surrounding property.

(b)

Fences shall be solid board or brick/masonry and of uniform construction and color.

(c)

Vehicles shall be only stored temporarily and no parts shall be removed.

(16)

Temporary use of prefabricated buildings or mobile homes for any permitted or conditional uses listed above other than accessory buildings.

(17)

Expansion of non-conforming uses.

(18)

Taxi Service.

(19)

Mobile Food Vendor Park 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)

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.

(20)

Cannabis cultivation facility.

(21)

Cannabis disposal entity.

(22)

Cannabis processing facility.

(23)

Fuel pumps as an accessory to a convenience store.

iii.

Minimum area, yard and height requirements which govern any use in this district are listed on the Chart of Regulations unless otherwise regulated in this Article.

c.

"C-3" General Commercial District.

i.

The purpose of this district is to protect and improve older business districts in established communities and to encourage the development of new shopping areas serving wide areas and offering a wide range of goods and services. This district is to serve as the major shopping, retail center of the community. More uses and taller structures are permitted than in the other business districts; no setbacks are required except where they adjoin residential districts. In the "C-3" General Commercial District, a building or premises shall be used only for the following purposes:

ii.

Permitted Uses:

(1)

Any use permitted in the "C-1" Neighborhood Commercial District without restrictions on floor area including all listed conditional uses of the "C1" Neighborhood Commercial Districts with the exception of "fuel pumps as an accessory to a convenience store".

(2)

Aluminum can collection center with no processing or outside storage.

(3)

Animal and veterinary services with no open kennels.

(4)

Bus terminal.

(5)

Dry Cleaning establishment.

(6)

Club, lodge.

(7)

Crop, soil preparation, agricultural services.

(8)

Department or discount store.

(9)

Greenhouse or nursery.

(10)

Hotels, motel or motor lodge.

(11)

Indoor recreation centers including bowling alleys, skating.

(12)

Laboratories, research, experimental or testing.

(13)

Lawn, tree or garden service.

(14)

New car dealerships.

(15)

Mortuary, funeral home.

(16)

Offices and office supply stores.

(17)

Parking, automobile parking lot or garages.

(18)

Photo finishing.

(19)

Plumbing shop.

(20)

Print shop.

(21)

Printing and publishing establishments.

(22)

Processing and manufacturing incidental to a retail establishment.

(23)

Radio or TV station.

(24)

Radio and television towers, antennas, earth stations or wireless communication facilities, which are a co-location, or do not exceed 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.

(25)

Recreation center, arcade with video, pinball games.

(26)

Reserved.

(27)

Schools, public or private.

(28)

Telephone service or switching center.

(29)

Accessory buildings or uses as provided in Article XII.

(30)

Utility Substations.

(31)

Bail Bond Agency.

(32)

Cannabis research facility" or "research facility".

(33)

"Cannabis testing facility" or "testing facility".

(34)

"Cannabis transportation entity".

(35)

"Medical cannabis dispensary" or "dispensary".

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)

Lounges, bars, taverns, liquor stores, and similar establishments.

(2)

Temporary use of prefabricated buildings or mobile homes for any permitted or conditional uses listed above other than accessory buildings.

(3)

Outdoor recreational uses.

(4)

Radio and television towers, antennas, earth stations, or wireless communication facilities, which are not a co-location, or do exceed 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.

(5)

Expansion of non-conforming uses.

(6)

Mobile Food Vendor Park 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)

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.

(7)

Cannabis cultivation facility.

(8)

Cannabis disposal entity.

(9)

Cannabis processing facility.

(10)

Fuel pumps as an accessory to a convenience store.

iv.

Minimum area, yard, and height requirements which govern any use in this district are listed on the Chart of Regulations unless otherwise regulated in this Article.

d.

"O" Office District.

i.

The purpose of this district is to permit offices including administrative, executive professional, research, limited commercial uses in areas when the premises adjoins an existing business, planned business or industrial district. Such uses shall be established only when they would act as a buffer between residential and non-residential uses located along highways, major roads and/or when such uses would abut a non-residential use. In the "O" Office District, a building or premises shall be used only for the following purposes:

ii.

Permitted Uses.

(1)

Banks, other financial services, but not including short-term loan establishments such as check cashing, title loan, or other similar establishments.

(2)

Barber or beauty shop.

(3)

Doctor, dental offices.

(4)

Offices.

(5)

Public services facilities.

(6)

Cannabis research facility" or "research facility".

(7)

"Cannabis testing facility" or "testing facility".

(8)

"Cannabis transportation entity".

(9)

"Medical cannabis dispensary" or "dispensary".

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 arid with the parking regulations set out elsewhere in this ordinance:

(1)

Churches.

(2)

Radio or TV studio.

(3)

Retail shops, sales and services such as bookstore, florist shop, photographers studio and others with a maximum floor area not to exceed 2,500 square feet of floor area.

(4)

Small scale research laboratories not to exceed 2,500 square feet of floor area.

(5)

Expansion of non-conforming uses.

(6)

Massage therapy establishments, day spas, and similar establishments.

(7)

Mobile Food Vendor Park 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)

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.

(8)

Cannabis cultivation facility.

(9)

Cannabis disposal entity.

(10)

Cannabis processing facility.

iv.

Minimum area, yard, and height requirements which govern any use in this district are listed on the Chart of Regulations unless otherwise regulated in this Article.

* On a lot abutting a residential district there shall be the same side yard as required in the residential district. No building shall be located nearer than 50 feet to a road right-of-way.

** In the C-3 district, buildings may be erected to ten stories or 120 feet provided that there are appropriate municipal services in place and 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.  

(Ord. of 6-21-2022(1); Ord. of 12-20-2022; Ord. of 7-20-2023)