a.

"M-1" Light Industrial District.

i.

The purpose of this district is to provide for a wide variety of light manufacturing establishments including assembling, processing, storage, and distributing activities. No new residential development would be permitted except for watchmen and caretaker dwelling units. The districts should adjoin good highways and access to railroads is also desirable. In the "M-1" Light Industrial District, a building or premises shall be used only for general light industrial, warehousing, and other uses, including certain open or enclosed storage of products, materials, and vehicles, and including the following uses and any similar uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses listed in this section, such listed uses being generally wholesale establishments, service industries, and light industries that manufacture, process, store and distribute goods and materials, and are, in general, dependent on raw materials refined elsewhere and manufacture, compounding, processing, and packing, as specified, of the following products or similar products.

ii.

Permitted Uses:

(1)

Aluminum can processing and recycling center.

(2)

Convenience store.

(3)

Dwellings for resident watchmen and caretakers employed on the premises.

(4)

Farms and farm dwellings.

(5)

Nursery and greenhouse for growing or propagation of plants, trees and shrubs.

(6)

Wholesale merchandising or storage warehouses with or without accessory retail sales and offices.

(7)

Compounding of cosmetics, toiletries, drugs, and pharmaceutical products.

(8)

Photographic processing or Printing or.

(9)

Manufacture or assembly of medical and dental equipment, drafting, optical, and musical instruments, watches, clocks, toys, games, and electrical or electronic.

(10)

Manufacture or assembly of boats, bolts, nuts, screws, and rivets, ornamental iron products, firearms, electrical appliances, tools, dies, machinery, and hardware products, sheet metal products, and vitreous enameled metal products.

(11)

Manufacture of food products, including beverage blending or bottling, bakery products, candy manufacture, dairy products, and ice cream, fruit, and vegetable processing and canning, packing and processing of meat and poultry products, but not distilling or brewing of beverages or slaughtering of poultry or animals.

(12)

Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing, and fabrics, printing, and finishing of textiles and fibers into fabric.

(13)

Manufacture of boxes, crates, furniture, baskets, veneer, and other wood products of similar.

(14)

Generally those light manufacturing uses similar to those listed above which do not create any more danger to health and safety in surrounding areas and which do not create any more or offensive noise, vibration, smoke, dust, lint, odor, heat, or glare than that which is generally associated with light industries of the type specifically permitted.

(15)

Auditorium or lecture hall, recreation facilities primarily for employees in the district.

(16)

Banks, drive-in or otherwise.

(17)

Transportation terminal for air, rail, truck, or water transportation.

(18)

Radio, television towers, antennas, earth stations, or wireless communications facilities, with the guidelines listed under Article V, 1, C, (33) Agricultural Conditional Uses. 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.

(19)

Restaurants.

(20)

Utility Substations.

(21)

Concrete mixing plants 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)

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

(22)

Short-term loan establishments.

(23)

Bail bond agency.

(24)

Heavy Duty Truck Sales and Repair.

(a)

For the purpose of this article Heavy Duty Trucks shall be defined as follows:

(i)

Any motor vehicle having a gross vehicle weight of 26,001 pounds or greater and having three or more axels.

(ii)

Any motor vehicle requiring a Class B License to operate in the United States.

(b)

Parking lot design and materials shall meet the requirements of the City of Hernando Design Standards Ordinance.

(25)

Heavy Equipment Sales and Repair.

(a)

Heavy Equipment shall mean any motor vehicle used primarily off the road for construction purposes whose gross weight exceeds sixteen thousand (16,000) pounds.

(b)

Parking lot design and materials shall meet the requirements of the City of Hernando Design Standards Ordinance.

(26)

Cannabis research facility" or "research facility".

(27)

"Cannabis testing facility" or "testing facility".

(28)

"Cannabis transportation entity".

(29)

Cannabis cultivation facility.

(30)

Cannabis disposal entity.

(31)

Cannabis processing facility.

iii.

Conditional Uses.

(1)

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

(2)

The use of Limestone or Gravel as a parking lot surface material for the inventory storage for Heavy Duty Truck Sales and Repair facilities. The inventory area shall not be visible from the street.

(3)

The use of Limestone or Gravel as a parking lot surface material for the inventory storage for Heavy Equipment Sales and Repair facilities. The inventory area shall not be visible from the street.

(4)

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.

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.

"M-2" Heavy Industrial District.

i.

The purpose of this district is to provide for all types of industrial activities except that those potentially hazardous would be permitted only after review by the City of Hernando and assurance of the protection of public interest and surrounding persons and property. The district is located so as to be accessible to both highways and railroads and, where practicable, locations along water ways are utilized. In the "M-2" Heavy Industrial District, a building or premises shall be used only for the following purposes:

ii.

Permitted Uses:

(1)

Any use permitted in the "M-l" Light Industrial District.

(2)

Cannabis research facility" or "research facility".

(3)

"Cannabis testing facility" or "testing facility".

(4)

"Cannabis transportation entity".

(5)

Cannabis cultivation facility.

(6)

Cannabis disposal entity.

(7)

Cannabis processing facility.

iii.

Conditional Uses:

(1)

Any manufacturing, industrial, or storage use not in conflict with any ordinance of the City of Hernando regulating nuisances and not specifically listed below in this section as conditional industrial uses permitted by the City of Hernando.

(2)

Manufacturing, processing or storage of chemicals, petroleum, coal and allied products.

(a)

Acids and derivatives.

(b)

Acetylene.

(c)

Ammonia.

(d)

Carbide.

(e)

Caustic soda.

(f)

Cellulose and cellulose storage.

(g)

Chlorine.

(h)

Coke oven products including fuel gas and oven products' storage.

(i)

Creosote.

(j)

Distillation, manufacture, or refining of coal, tar, asphalt, wood and bones.

(k)

Explosives (including ammunition and fireworks) and explosives' storage.

(l)

Fertilizer (organic).

(m)

Fish oils.

(n)

Glue, gelatin (animal).

(o)

Hydrogen and oxygen.

(p)

Lamp black, carbon black, and bone.

(q)

Nitrating of cotton or other.

(r)

Nitrates (manufactured and natural) of an explosive nature, and storage.

(s)

Petroleum, gasoline, and lubricating oil refining, and wholesale.

(t)

Plastic materials and synthetic.

(u)

Potash.

(v)

Pyroxyline.

(w)

Rendering and storage of dead animals, offal, garbage, or waste products.

(x)

Turpentine and resin.

(y)

Wells, gas.

(z)

Clay, stone, and glass products.

(i)

Brick, firebrick, refractories, clay, and vitreous enameled products (coal fired);

(ii)

Cement, lime, gypsum; or.

(iii)

Minerals and earths; quarrying, extracting, grinding, crushing, and processing.

(aa)

Food and Beverage.

(i)

Fat rendering.

(ii)

Fish curing, packing and storage.

(iii)

Slaughtering of animals.

(iv)

Starch.

(v)

Distilling and brewing of beverages.

(bb)

Metals and metal products.

(i)

Aluminum powder and paint manufacture.

(ii)

Blast furnace, cupolas.

(iii)

Blooming.

(iv)

Metal and metal ores, reduction, refining, smelting.

(v)

Scrap metal reduction or smelting.

(vi)

Steel works and rolling mill (ferrous).

(vii)

Wood and paper products.

(viii)

Match.

(ix)

Wood pulp and fiber, reduction and processing.

(cc)

Unclassified industries and.

(i)

Hair, hides, and raw fur, curing, tanning, dressing, dyeing and storage.

(ii)

Stockyard.

(iii)

Junk yards and auto salvage and wrecking yards, provided, however, that all such uses shall be enclosed by a solid wall or fence of uniform construction or color at least six feet high and that material not be piled any higher than said wall or otherwise stored in such a manner as to be visible from the adjacent roadway. Burning of autos, parts, or any junk material will not be allowed at any time.

(iv)

Intensive farming operating such as feed lots, hog farms, poultry lots, and rabbit hutches.

(dd)

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

(3)

Adult entertainment, including adult book stores, mini-theaters, peep shows, massage parlors, bath houses, cabaret, and similar activities, provided they are at least 2,500 feet from any church, school, kindergarten, day care center, library, funeral home, public park, a boundary of any zoning district which permits a residential use, or any residential structure which is occupied as a residence within or without a zoned area, or youth recreation center, and at least 1,000 feet from any other zone. The establishment must also be at least 1,000 feet from any other adult entertainment business, and at least 1,000 feet from any parcel of land upon which any establishment, authorized to sell alcoholic beverages or malt beverages and wine for consumption on the premises, is located.

(a)

An adult entertainment business may not be operated in the same building, structure, or portion thereof, containing another adult entertainment business.

(b)

For the purposes of this ordinance, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult entertainment business is located, to the nearest property line of the premises of a church, school, kindergarten, day care center, funeral home, public park, residential district or residential lot, library, or youth recreation center or to any other adult entertainment business or any establishment authorized to sell alcoholic beverages or malt beverages and wine for consumption on the premises.

(c)

For purposes of item a., above, the distance between any two adult entertainment businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

(i)

Adult bookstore means any commercial establishment in which more than ten square feet of floor space is used for the display or offer for sale of any book or publication, film, or other medium which depicts sexually explicit nudity or sexual conduct by its emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas.

(ii)

Adult bookstore and novelty store means any commercial establishment in which more than ten square feet of floor space is used for the display or offer for sale of items described in the definition of an "adult bookstore" or an "adult novelty store" in this chapter.

(iii)

Adult entertainer means any person employed by an adult entertainment establishment who exposes his or her "specified anatomical areas," as defined herein. For purposes of this section, adult entertainers include employees as well as independent contractors.

(iv)

Adult entertainment means entertainment that is characterized by an emphasis on the depiction, display or the featuring of "specified anatomical areas."

(v)

Adult entertainment establishment shall be defined to include the following types of business:

1)

Any commercial establishment which provides live entertainment where any person appears unclothed or in such attire, costume or clothing as to expose any portion of his or her "specified anatomical areas" as defined herein or where such performances are distinguished or characterized by an emphasis on "specified sexual activities," as defined herein;

2)

Any commercial establishment which holds, promotes, sponsors or allows any contest, promotion, special night, event or any other activity where live patrons of the establishment are encouraged or allowed to engage in any of the conduct described in subsections (1) herein;

3)

Any commercial establishment having a substantial or significant portion of its stock in trade, books, magazines or other periodicals, videotapes or movies or other reproductions, whether for sale or rent, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" as defined herein or "specified anatomical areas" as defined herein or having a segment or section comprising more than ten square feet of its total floor space, devoted to the sale or display of such material or which derives more than five percent of its net sales from the sale or rental of such material;

4)

Any commercial establishment in which more than ten (10) square feet of floor space is used for the display or offer for sale of items described in the definition of an "adult bookstore" or an "adult novelty store" in this chapter;

5)

Any commercial establishment utilizing an enclosed building with a capacity of 50 or more persons used for cinematographic or video graphic presentation of material distinguished by or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined herein, for observation by patrons therein;

6)

Any adult motion picture theater, adult motion picture arcade, adult mini-motion picture theater, adult bookstore, adult video store, adult hotel, or adult motel, as defined herein;

7)

Any commercial establishment in which more than ten (10) square feet of floor space is used for the display or offer for sale of instruments, devices or paraphernalia which are designed for use or marketed primarily for the stimulation of human genital organs as further defined and categorized as obscene by [language missing]

(4)

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.

* In the Industrial (M) districts, buildings may be erected to ten stories or 120 feet provided there are appropriate municipal services and that any building that exceeds 35 feet in height shall be set back from all required yard lines one foot for each foot the [language missing].  

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