The burden of proof that an industry meets these minimum standards as set forth in Part 2, is on the applicant and not the City. All costs associated with providing proof shall be at the expense of the applicant.

(a)

Buildings—General.

(1)

One principal building at the frontage, and one outbuilding to the rear of the principal building, may be built on each lot as provided in Article XII, Table 1.

(2)

Facades shall be built parallel to a rectilinear principal frontage line or to the tangent of a curved principal frontage line.

(3)

Setbacks for principal buildings shall be as shown in Article XII, Table 1; however, where the property to be developed abuts an existing building, Long Beach Planning and Development Commission Approval may be granted so that the proposed building matches or provides a transition to adjacent Setbacks.

(4)

In areas where a dominant setback pattern exists, the new building shall provide a transition in setback to the adjacent existing buildings or shall match that of one of the existing abutting buildings. In these cases, Long Beach Planning and Development Commission Approval shall not be required.

(5)

Rear Setbacks for outbuildings shall be a minimum of 12 feet measured from the centerline of the rear alley or rear lane easement. In the absence of rear alley or rear lane, the rear setback shall be as shown in Article 6[VI], Table 1.

(6)

Buildings shall have their principal pedestrian entrances on a Frontage Line.

(7)

No principal building shall be constructed with a metal exterior surface wall without Long Beach Planning and Development Commission approval.

(a)[(b)]

Building—Configuration.

(1)

Sidewalks occur at the edge of the Right-of-Way.

(2)

Pedestrian passages should be paved and landscaped and may provide limited vehicular access.

(3)

The private frontage of buildings shall conform to and be allocated in accordance with this Article.

(4)

Buildings on corner lots may have two private frontages.

(5)

All facades shall be glazed with glass no less than 30% of the first story.

(6)

Awnings, arcades, and galleries may encroach the sidewalk to within two feet of the curb but must clear the sidewalk vertically by at least eight feet. Awnings may encroach the public sidewalk without limit.

(7)

Stoops, light wells, balconies, bay windows, and terraces may encroach the first story.

(8)

Loading docks and service areas shall be permitted on frontages only by Long Beach Planning and Development Commission Approval.

(c)

Building—Use.

(1)

Accessory Uses of limited lodging or limited office shall be permitted within an accessory building or structure. Rental of accessory buildings shall be permitted.

(2)

First story commercial uses shall be permitted throughout.

(3)

To the extent permitted by applicable FEMA requirements and the City's Flood Damage Prevention Ordinance, the ground floor of any building or structure located within a Special Flood Hazard Area may be used as sidewalk retail, an Open Air Market, Loggia, porch, or combination thereof; or other open-air area for recreation, relaxation, gathering, or other use as recommended by the Long Beach Planning and Development Commission and approved by the Board of Aldermen.

(d)

Parking and Density Calculations.

(1)

Buildable Density on a lot shall be determined by the sum of the actual parking calculated as that provided (1) within the lot, (2) along the parking lane corresponding to the lot frontage, and (3) by purchase or lease off-site within 1,000 feet of the site, if available.

(2)

Based on the effective parking available, the density of the projected activity(s)[ies] may be increased with Long Beach Planning and Development Commission approval.

(3)

Accessory Units do not count toward density calculations.

(4)

Liner buildings less than 30 feet deep and no more than two stories shall be exempt from parking requirements.

(5)

Parking under elevated structures shall be permitted under the condition that it is screened from the frontage and approved by the Long Beach Planning and Development Commission.

(e)

Parking Location Standards.

(1)

Parking shall be accessed by rear alleys or rear lanes, when such are available.

(2)

On-street parking available along the frontage lines that correspond to each lot shall be counted toward the parking requirement of the building on the lot.

(3)

Open parking areas shall be masked from the frontage by a building or street screen.

(4)

All parking lots, garages, and parking structures shall be masked from the frontage by a building or street screen and approved by the Long Beach Planning and Development Commission.

(5)

Vehicular entrances to parking lots, garages, and parking structures shall be no wider than 30 feet at the frontage.

(6)

Pedestrian exits from all parking lots, garages, and parking structures shall be directly to a frontage line (i.e., not directly into a building).

(7)

Parking structures shall have liner buildings.

(8)

A minimum of one bicycle rack place shall be provided within the public or private frontage for every 20 vehicular parking spaces.

(9)

Required parking within may be provided off-site within 1,000 feet of the site that it serves, subject to approval by Long Beach Planning and Development Commission Approval.

(f)

Environmental Standards.

(1)

Impermeable surface by building shall be minimized and confined to the ratio of lot coverage.

(2)

To the extent not inconsistent with applicable state or federal law, management of stormwater shall be primarily through underground storm drainage systems, where such systems are available, in which case, there shall be no retention or detention required on the individual Lot.

(g)

Landscape Standards.

(1)

Prior to any new occupancy, a landscape plan for the public frontage shall be approved by the Long Beach Planning and Development Commission.

(a)

Planned residential developments (PRDs) are permissible only [in]tracts of at least five acres located within an R-2, R-3 or R-4 zoning districts.

(b)

The overall density of a tract developed by a PRD shall be determined as provided in Section 143.

(c)

Permissible types of residential uses within a PRD include single-family detached dwellings, two-family residence, and multi-family residence. At least 50 percent the total number of dwelling units must be single-family detached residence on lots of at least 6,000 square feet.

(d)

A PRD shall be an architecturally integrated subdivision.

(e)

To the extent practicable, the two-family and multi-family portions of a PRD shall be developed more toward the interior rather than the periphery of the tract so that the single-family detached residence border adjacent properties.

(a)

In a planned unit development, the developer may make use of the land for any purpose authorized in a particular PUD zoning district in which land is located, subject to the provisions of this ordinance. Section 97[98] describes the various types of PUD zoning districts.

(b)

Within any lot developed as a planned unit development, not more than 35 percent of the total lot area may be developed for higher density residential purposes (R-2 or R-3, as applicable), not more than 10 percent of the total lot area may be developed for purposes that are permissible only in a C-2, or C-3 zoning district (whichever corresponds to the PUD zoning district in question).

(c)

The plans for the proposed planned unit development shall indicate the particular portions of the lot that the developer intends to develop for higher density residential purposes, lower density residential purposes, purposes permissible in a commercial district (as applicable). For purposes of determining the substantive regulations that apply to the planned unit development, each portion of the lot so designated shall then be treated as if it were a separate district, zoned to permit, respectively, higher density residential (R-2 or R-3), lower density residential (R-1), commercial. However, only one permit, a planned unit development permit, shall be issued for the entire development.

(d)

The nonresidential portions of any planned unit development may not be occupied until all of the residential portions of the development are completed or their completion is assured by any of the mechanisms provided in Article IV to guarantee completion. The purpose and intent of this provision is to ensure that the planned unit development procedure is not used, intentionally or unintentionally, to create nonresidential uses in areas generally zoned for residential uses except as part of an integrated and well-planned, primarily residential development.

(e)

Every building or structure erected shall be located on a lot or tract, as defined in this ordinance, and in no case shall there be more than one principal building on one lot without Long Beach Planning and Development Commission approval.

(Ord. No. 606, § 2, 2-18-2014)

(a)

No dwelling unit shall be erected on a lot which does not abut or have access to at least one dedicated street.

(b)

On any corner lot on which a front and side yard is required, no wall, fence, sign, structure or any plant growth, shall obstruct sight lines at elevations over two feet, six inches (2'6") above any portion of the crown of the adjacent roadways. A sight triangle shall be formed by measuring back twenty-five (25) feet from the point of intersection of the right-of-way lines and connecting the points so as to establish a sight triangle on the area of the lot adjacent to the street intersection.

(c)

Where side yards are required and a lot of record is less than fifty (50) feet in width and on the effective date of this ordinance lawfully existed and of record, each side yard shall have a width of not less than 6.67% of the width of the lot.

(d)

The Long Beach Planning and Development Commission may establish greater setbacks from highways or thoroughfares than the front yard setback requirements of the zoning district in which the highway or thoroughfare is located.

(g)[(e)]

In any residential district, the side yard requirements for corner lots along the street right-of-way shall have an extra width of ten (10) feet. In the absence of any future buildable lot to the rear of a corner lot the minimum side yard setback shall be eight (8) feet.

(Ord. No. 608, § 2, 5-19-2015)

(a)

The regulations herein set forth qualify or supplement, as the case may be, the specific district regulations appearing in Article XII.

(b)

Chimneys, elevators, poles, spires, tanks, towers and other projections not used for human occupancy may extend above the height limit.

(c)

Churches, schools, hospitals, sanitariums and other public and semi-public buildings may exceed the height limitation of the district if the minimum depth of rear yards and the minimum width of the side yards required in the district are increased one (1) foot for each two (2) feet by which the height of such public or semi-public structure exceeds the prescribed limit. In addition, the developer shall provide proof that the fire chief has approved of the increased height.

(d)

Any residential structure elevated to comply with code shall have the exposed area under the elevated structure screened in a fashion acceptable to the Long Beach Planning and Development Commission.

(a)

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

(b)

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

In any district, any main structure may be erected or altered to a height in excess of that specified for the district in which the structure is located, provided that each dimension provided herein for required front, side and rear yard is increased one foot for each two (2) feet of such excess height; provided, further, that where no yard is required the part of the structure exceeding the height specified for the district shall be set back from the vertical plane of the adjacent building site line one foot for each two (2) feet of such excess height. In addition, the developer shall provide proof that the fire chief has approved of the increased height.

(a)

Townhouse Residential Uses. The purpose of this use is to provide for the development of moderate to high- density residential uses and structures in moderately spacious surroundings but so designed as to promote efficient land use, permit a more energy efficient arrangement of structures, protect environmentally sensitive areas, or provide more usable private or community open space; but so designed as to protect the health, safety and welfare of the public. In fulfilling the purpose of this use, the townhouse or row house concept may be used which permits the construction of single-family dwellings immediately adjacent to one another without side yards between the individual units. In order to allow any deviation from the following minimum requirements for these types of development, the developer must show evidence that such deviation is in the benefit of the public.

(a)

Minimum lot area: The first 2 townhouse lots shall equal 4,000 square feet and each additional unit shall have 1,500 square feet. These minimums shall exclude any easement areas used for ingress/egress or private roads.

(b)

Minimum lot width: Twenty (20) feet for townhouses, except that for corner lots, the minimum shall be determined based on the minimum requirement for said district.

(c)

Minimum front yard: The same as required for each district, except where the development contains units located on both sides of a street constructed by developer to the city's specifications. In this case, the minimum front yard setback may be reduced to fifteen (15) feet.

(d)

Minimum side yard: None for townhouses except on corner lots. Also, the minimum side yard required for the townhouse unit located at the end of a row of town houses shall be ten (10) feet from the exterior lot line.

(e)

Minimum rear yard: Use district rear yard minimum.

(f)

The minimum setback of an ingress/egress easement or private road from an adjacent property not within the townhouse development shall be in conformity with the subdivision regulations applicable to the adjacent property.

(g)

Maximum height: The maximum height is thirty-five (35) feet from the ground level. In flood zones, the maximum height will be 35 feet from the first floor living area.

(h)

Maximum lot coverage: Coverage is limited to seventy-five (75%) percent for all structures.

(i)

Maximum length of row: A row of townhouses shall not exceed two hundred twenty-five (225) feet. An open space of twenty (20) feet shall be provided between adjacent rows.

(j)

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

(k)

Final plat: All plats shall be prepared in accordance with the Long Beach Subdivision ordinance.

(l)

Owners' association: Establishment of an owners' association shall be mandatory when any portion of the development is to be held in common or commonly maintained.

(m)

Common areas: All areas of the site plan, other than individual "for sale" lots/units and public rights-of-way shall be shown and designated as "common area," the fee simple title to which shall be conveyed by the developer to the owners' association. Any common area shall not be further subdivided, developed or conveyed by the owners association, except where approved under the provisions of this ordinance. This stipulation shall be so stated in the declarations and noted on the final plat.

(n)

All townhouse developments shall be subject to review and approval by the Long Beach Planning and Development Commission and the Board of Alderman.

(b)

Zero Lot Line Residential Uses. The purpose of this use is to provide for the development of moderate to high density residential uses and structures in moderately spacious surroundings. Designed as to promote efficient land use; permit a more energy efficient arrangement of structures; protect environmentally sensitive areas; or provide more usable private or community open space. Said developments should be designed as to protect the health, safety and welfare of the public. This use may be fulfilled by the use of the zero lot line concepts which permits the construction of detached single-family dwellings on lots without a side yard requirement on one side of the lot. This use may also be used to separate an existing duplex along the common wall. In order to allow any deviation from the following minimum requirements for these types of development, the developer must show evidence that such deviation is in the benefit of the public.

(a)

Site plans: Site plans and plats for zero lot line developments shall show the locations of buildings and/or building sites, streets, drives, alleys, walks, parking, on-site recreation areas (if proposed), yards, the boundary of the development, maintenance easements and all common area.

(b)

Minimum size of development:

(1)

Two (2) acres or more (see Chart of Uses).

(2)

No minimum in the case of separating an existing duplex that complies with this Section.

(c)

Minimum lot area: Zero lot line dwelling units shall have 3,000 square feet of lot area excluding any easement for ingress/egress or private road.

(d)

Minimum lot width: Thirty (30) feet for zero lot line houses, except that for corner lots the minimum shall be determined based on the minimum requirement for said district.

(e)

Minimum front yard: The same as required for each district, except where the development contains units located on both sides of a dedicated street constructed by the developer in accordance with the Long Beach Subdivision ordinance. In this case, the minimum front yard setback may be reduced to fifteen (15) feet. These setback requirements shall be used when private roads are proposed in the development.

(f)

Minimum side yard: In zero lot line developments there shall be no minimum side yard required on one side and fourteen (14) feet on the opposite side. However, for corner lots, the minimum side yard required shall be fourteen (14) feet. Also, the minimum side yard required for the dwelling located adjacent to a lot that is not a part of the zero lot line development shall be fourteen (14) feet.

(g)

Minimum rear yard: Use district rear yard minimum.

(h)

All setbacks shall be measured from the property line or the designated easement or common area line.

(i)

The minimum setback of an ingress/egress easement or private road from an adjacent property not within the zero lot line development shall be in conformity with the subdivision regulations applicable to the adjacent property.

(j)

Maximum height: The maximum height is thirty-five (35) feet from the ground level. In flood zones, the maximum height will be 35 feet from the first floor living area.

(k)

Maximum lot coverage: Coverage is limited to sixty-five (65%) percent for all structures.

(l)

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

(m)

Each zero lot line structure shall abut upon a dedicated public right-of-way. The exception to this requirement shall be a permanent road easement granted to each property owner, which said easement allows access to a dedicated public right-of-way. A declaration will be attached to each warranty deed stating that the maintenance for said easement(s) shall be the responsibility of all property owners in development.

(n)

Final plat: All plats shall be prepared in accordance with the Long Beach Subdivision ordinance.

(o)

Owners' association: Establishment of an owners' association shall be mandatory when any portion of the development is to be held in common.

(p)

Common areas: All areas of the site plan, other than individual "for sale" lots/units and public rights-of-way shall be shown and designated as "common area," the fee simple title to which shall be conveyed by the developer to the owners' association. Any common area shall not be further subdivided, developed or conveyed by the owners' association, except where approved under the provisions of this ordinance. This stipulation shall be so stated in the declarations and noted on the final plat.

(q)

All zero lot line developments shall be subject to review and approval by the Long Beach Planning and Development Commission and Board of Alderman as designated in this ordinance.

(Ord. No. 630, § 3, 10-17-2017)

(a)

Temporary residences used on construction sites of nonresidential premises shall be removed immediately upon the completion of the project.

(b)

Permits for temporary residences to be occupied pending the construction, repair, or renovation of the permanent residential building on a site shall expire within six months after the date of issuance, except that the administrator may renew such permit for one additional period not to exceed three months if he determines that such renewal is reasonably necessary to allow the proposed occupants of the permanent residential building to complete the construction, repair, renovation, or restoration work necessary to make such building habitable.

(a)

In deciding whether a permit for a special event should be denied for any reason or in deciding what additional conditions to impose on the applicant the administrator shall ensure that, (if the special event is conducted at all):

(1)

The hours of operation allowed shall be compatible with the uses adjacent to the activity.

(2)

The amount of noise generated shall not disrupt the activities of adjacent land uses.

(3)

The applicants shall guarantee that all litter generated by the special event be removed at no expense to the city.

(4)

The administrator shall not grant the permit unless it finds that the parking generated by the event can be accommodated without undue disruption to or interference with the normal flow of traffic or with the right of adjacent and surrounding property owners.

(b)

In cases where it is deemed necessary, the administrator may require the applicant to go before the Long Beach Planning and Development Commission for a decision.

(c)

In cases where it is deemed necessary, the Long Beach Planning and Development Commission may require the applicant to post a bond to ensure compliance with the conditions of the permit.

(d)

If the permit applicant requests the city to provide extraordinary services or equipment or if the Long Beach Planning and Development Commission otherwise determines that extraordinary services or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the city a fee sufficient to reimburse the city for the costs of these services. This requirement shall not apply if the event has been anticipated in the budget process and sufficient funds have been included in the budget to cover the costs incurred.

(e)

Those events that are traditional to the City of Long Beach or sponsored by the City are exempt from this section. Examples of these events are Mardi Gras and the Pilgrimage.

(a)

A home occupation is an Accessory Use of a Dwelling Unit, for gainful employment involving the manufacture, provision, or sale of goods and/or services.

(b)

It is the intent of this Section to eliminate as home occupation all uses except those that conform to the standards set forth herein. These standards are intended to insure[ensure] compatibility with other permitted uses and with the Residential character of Long Beach Neighborhoods.

(c)

Home Occupations are permitted as Accessory Uses to Dwelling Units subject to the following conditions:

(1)

No Person other than members or the immediate family occupying such Dwelling shall be employed. This does not apply to customary household or yard help.

(2)

No alteration of the Principal Building shall be made which changes the character thereof as a Dwelling.

(3)

No use shall require the use of material or mechanical equipment that would change the fire rating of the structure or the fire zone in which the structure is located.

(4)

No Home Occupation shall cause an increase in the use at any one or more utilities (water, sewer, electricity, telephone, garbage, etc.) so that the combined total use for Dwelling and Home Occupation purposes materially exceed the average for residences in the Neighborhood.

(5)

There shall be no outside storage of any kind related to the Home Occupation.

(6)

The use shall not generate pedestrian or vehicular traffic beyond that reasonable to the Zone District in which it is located.

(7)

The Home Occupation shall be conducted entirely within the Principal Building that is used as the Residential Dwelling.

(8)

No stock in trade (except articles produced by the members of the immediate family residing, on the premises) shall be displayed or sold upon the premises.

(9)

No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average Residential occupancy in the Zone in question under normal circumstances wherein no Home Occupation exists.

(10)

There shall be no Signs other than those permitted in the Zone in which the Home Occupation is located.

(d)

The following home occupations are permitted by right but if any vehicle or trailer is used, then approval must be granted by the Long Beach Planning and Development Commission pursuant to the Subsection (h). Uses allowed: artists; sculptors; authors; composers; dressmakers; seamstresses; tailors; family day care limited to no more than three (3) children; office of a minister, rabbi or priest; office of a salesman or sales representative, provided no retail or wholesale transactions are made on premise; individual tutoring; individual stringed instrument instruction; maid or home cleaning; lawn care/gardening service.

(e)

Home office in which work for compensation or without compensation is undertaken, including, but not limited to receiving or initiating correspondence, such as phone calls, mail, faxes, or email; preparing or maintaining business records; and word and data processing or personal services is allowed.

(f)

Personal instruction or personal services in which customers or students visit the home by appointment only, and services is provided on a one-on-one basis is allowed. No adult entertainment activities shall be allowed as a home-based business/occupation.

(g)

Sales of a specific product in which members of the immediate family are employed, but which offer for sale stock in trade which is obtained from national franchise entity is allowed. Sales of products may be by delivery only. Examples of this type of home occupation include Amway, Tupperware, Mary Kay Makeup and similar products.

(h)

Vehicles and Trailers: all allowable home occupations listed herein, in which use of any vehicle or trailer is required, shall require approval of the Long Beach Planning and Development Commission. The applicant for approval shall submit to the Long Beach Planning and Development Commission a site plan that will detail the property dimensions, abutting streets, all buildings, driveways and proposed parking of all vehicles. The site plan will address where vehicles, equipment and supplies will be stored. The business shall be limited to one (1) work vehicle (no greater in capacity of size and weight than a one-ton pick-up truck) and one (1) trailer (no longer than twenty-four (24) feet). A work trailer must be parked in the rear of property only and screened from view of adjacent neighbors. Storage of equipment or supplies must be kept within the confines of the work vehicle, trailer, or the principle structure. No repairs of equipment or vehicle for the business will be conducted on the property. The business must comply with all other zoning and building code requirements.

(i)

Prohibited Home Occupations include the following: Auto repairs, minor or major; barber shop or beauty parlor; dance instruction; upholstering; stables or kennels; restaurants; tourist homes; veterinary clinics or hospitals; private schools with organized classes; gift shops; medical or dental clinic or hospitals; medical offices; dental offices; painting of vehicles, trailers, or boats; photo developing; photo studios; radio or television repair; cabinet shops and any activity that is considered an "adult only" business.

(j)

Home Occupation Fee: A fee is hereby established to cover all administrative costs associated with monitoring compliance with the City codes and ordinances required by Home Occupation Permits. Such costs will include, but shall not be limited to, visits, conferences, telephone, computer, city vehicles, city staff (i.e., secretarial, inspectors), appointed or elected officials, consultant, city attorney and any other normal overhead expense. In addition, there will be increased costs to the city in lost commercial value of a building the community's economic vitality.

Based on this increased cost to the city, said annual administrative fee shall be determined by the Mayor and Board of Aldermen. Upon filing for a Home Occupation, applicant shall pay for the first year fee amount with the application. The administrative fee shall be paid each following year at the renewal of the City Privilege License. Failure to pay said fee will result in automatic termination of said home occupation. All previous granted home occupations shall be required to pay the administrative fee at the time of renewal of the existing privilege license; renewal is due one year from the date he initial license is granted and yearly thereafter.

As used in this Section, the term "yard sale" shall mean the sale of any new or used household articles or household goods to the public at large at any specific residential location, both indoors and outdoors, in all zoning districts.

(a)

Permits Required. It shall be unlawful for any person to conduct a yard sale within the City of Long Beach without first obtaining a permit. All such permits and any such yard sale shall be subject to the following:

(1)

Only one permit shall be issued per calendar quarter, per residential dwelling unit at a specific numbered legal address.

(2)

Yard sale permits shall be issued to the owner of record or tenant of record of the residential property or residential unit upon which such yard sale is to take place.

(3)

A yard sale shall be limited to no more than three (3) consecutive days as specified on the permit and only during daylight hours.

(4)

No person shall offer for sale at any yard sale any articles, merchandise or goods which have been purchased for resale or articles for which such person is acting as a selling agent.

(5)

All permits shall be available for inspection by any city official during the hours of operation of yard sale.

(6)

The conduct of the yard sale shall not interfere with the orderly flow of pedestrian or vehicular traffic.

(7)

A sale may be conducted by a single person, multiple persons, churches, and social, civic or charitable organizations. All items to be sold must originate as the legal property of the applicant, other persons participating in the sale or members of the organizations.

(8)

All sold and unsold yard sale merchandise remaining on the permitted site of any outdoor yard sale event must be removed there from immediately and property stored at the conclusion of the sale.

(b)

Application. The application for any yard sale permit shall be made at least twenty-four (24) hours in advance of such proposed yard sale and shall set forth the following information:

(1)

Applicant(s) full name;

(2)

Applicant address, along with contact information ([tele]phone, fax or email);

(3)

A brief description of the household articles and household goods to be sold;

(4)

Proposed dates and hours of sale;

(5)

There shall be no charge for the permit.

(c)

Yard Sale Cancellation/Postponement. In the event that the permit holder elects not to conduct a yard sale on the dates permitted, such permit holder shall be entitled to conduct such sale on another selected date after notice to and approval by the City.

(d)

Yard Sale Signs.

(1)

No more than two signs may be placed upon the permitted property.

(2)

Signs and handbills cannot be placed on utility poles, public property including rights-of-way, nor may signs be placed on private bulletin boards or inside places of business without the consent of the owner.

(3)

A sign is limited to four (4) square feet or less and shall not be illuminated or animated.

(4)

A sign may not be displayed more than forth[forty]-eight (48) hours prior to the commencement date of the sale and must be removed immediately following the conclusion of the sale.

(Ord. No. 606, § 2, 2-18-2014)

(a)

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

(b)

Park size and density.

(1)

Minimum of three (3) acres of land.

(2)

Minimum of forty (40) recreational vehicle sites.

(3)

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

(c)

Recreational vehicle site.

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(d)

Recreational vehicle park traffic circulation.

(1)

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

(2)

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

(3)

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

(1)

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

(2)

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

(e)

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

(1)

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

(2)

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

(3)

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

(4)

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

(f)

Park open space and recreational areas.

(1)

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

(g)

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

(1)

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

(2)

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

(3)

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

(4)

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

(h)

Permanent occupancy prohibited.

(1)

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

(2)

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

(i)

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

(1)

Recreational vehicle sanitary waste disposal stations.

(a)

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

(b)

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

(c)

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

(2)

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

(3)

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

(4)

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

(a)

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

(b)

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

(c)

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

(5)

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

(6)

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

(7)

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

(a)

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

(b)

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

(c)

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

(8)

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

(j)

Refuse disposal.

(1)

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

(2)

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

(3)

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

(k)

Nonconforming uses.

(1)

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

(a)

Permitted Locations.

(1)

Mobile Homes are allowed only in approved Mobile Home Parks, except as otherwise provided, or when permitted as a temporary use for storage or security purposes at a construction project, as described in this code.

(b)

Size and Density.

(1)

Mobile Home Parks may be located on a minimum of ten (10) contiguous acres of land.

(2)

Maximum density of Mobile Home Parks is twelve (12) Mobile Home Lots per acre.

(c)

Mobile Home Lot.

(1)

The minimum applicable Mobile Home Lot shall be three thousand (3,000) square feet.

(2)

The average area of all spaces within the Mobile Home Park shall not be less than three thousand (3,000) square feet excluding drives, playgrounds, and similar areas.

(3)

A minimum separation of sixteen (16) feet between Mobile Homes, one from another and from other structures located on other lots shall be provided.

(4)

No part of a Mobile Home or other facility placed on a Mobile Home Lot shall be closer than ten (10) feet to a Mobile Home Park street.

(5)

No Mobile Home shall be located closer than ten (10) feet to any perimeter boundary line of the Mobile Home Park which does not abut upon a Thoroughfare.

(6)

No Mobile Home shall be located closer to any perimeter boundary line of the Mobile Home Park abutting upon a Thoroughfare than twenty-five (25) feet or such other distance as may be established as a setback requirement with respect to conventional buildings in the district in which the Mobile Home Park is located.

(7)

An electrical outlet supplying at least 100-115/220-225 volts, 100 amperes, shall be provided for each non-all-electric Mobile Home Lot in a Mobile Home Park, and 200 amperes for each all-electric Mobile Home Lot in a Mobile Home Park.

(8)

Each Mobile Home Lot in a Mobile Home Park shall be provided with a patio adjacent to the entrance to the Mobile Home. Such patio shall be a minimum of one hundred seventy-five (175) square feet and shall be surfaced with an all-weather, rigid, impervious, permanent pavement meeting the minimum specifications prescribed for the installation of sidewalks by the City Engineer.

(9)

All Mobile Home Lots in a Mobile Home Park shall abut upon a driveway with a minimum right-of-way of not less than thirty (30) feet in width, which driveway shall have unobstructed access to a Thoroughfare.

(10)

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

(11)

All driveways and pathways greater than two (2) feet wide within a Mobile Home Park shall be hard-surfaced (concrete or asphalt) and lighted at night with electric lamps of a minimum of 100 watts each, spaced at intervals of not more than one hundred (100) feet.

(12)

The average width of all lots within the Mobile Home Park shall be a minimum of forty (40) feet. Each pad shall be well drained, uniformly graded, and compacted as approved by the Director of Public Works.

(13)

Ground anchors must be provided for each Mobile Home stand in accordance with the requirements set forth in the Building Code. Each Mobile Home shall be properly secured to the ground anchors.

(d)

Parks, Open Space, and Recreational Areas.

(1)

A minimum of eight (8%) percent of the gross Mobile Home Park area shall be set aside and developed as common use areas for open or enclosed recreation facilities. No street, storage area, Mobile Home Lot, or utility site shall be included in the calculation of land area necessary to meet this requirement.

(e)

Fence, Wall or Hedge Required along Certain Boundaries.

(1)

Where any perimeter boundary line of a Mobile Home Park directly abuts property which is improved with a permanent residential building located within twenty-five (25) feet of such boundary, or directly abuts unimproved property which may, under existing codes and regulations, be used for permanent residential construction, an ornamental fence, wall or hedge six (6) feet in height, or a natural buffer of fifteen (15) feet shall be provided along such boundary.

(f)

Architecture and Landscaping for Buildings.

(1)

Buildings in a Mobile Home Park shall be architecturally attractive and surrounded by landscaped yards.

(g)

Office Building.

(1)

In every Mobile Home Park there shall be an office Building in which shall be located the office of the person in charge of the Mobile Home Park.

(h)

Mobile Home Park Service Buildings.

(1)

Each Mobile Home Park shall provide service buildings to house such sanitation facilities as are required by this Section. At least one service building providing required minimum facilities shall be located within two hundred (200) feet of every dependent Mobile Home Lot.

(2)

Service buildings in a Mobile Home Park shall be permanent structures complying with all applicable codes and statutes regulating buildings, electrical installations, plumbing and sanitation systems.

(3)

All service buildings in a Mobile Home Park shall be well lighted at all times; shall be well ventilated with screened openings; shall be constructed of such moisture-proof material, to include painted woodwork, as shall permit repeated cleaning and washing. The floors of service buildings shall be of concrete, tile or similar material impervious to water, and easily cleaned and pitched to a floor drain.

(I)[(i)]

Water Supply and Distribution.

(1)

An adequate supply of potable drinking water shall be supplied by pipes to all buildings and Mobile Home Lots within a Mobile Home Park to meet the requirements of the Park. No common drainage vessels shall be provided nor shall any drinking faucets be placed in a toilet room or water closet compartment.

(2)

Each Mobile Home Lot in a Mobile Home Park shall be provided with a cold water tap at least four inches above the ground. An adequate supply of hot water shall be provided at all times in the park service buildings for all bathing, washing and cleansing facilities. The hot and cold water supply shall have a minimum capacity of 125 gallons per day.

(3)

An independent water supply can be used in a Mobile Home Park if public water is not available; and, if a private water system is approved by the City and the County Board of Health.

(4)

The water distribution system within a Mobile Home Park shall comply with all minimum standards and specifications for the installation of public water distribution systems, as established by the provisions of the City plumbing code or other codes. The Mobile Home Park water system shall provide running water service at a pressure of not less than 20 pounds per square inch at all outlets.

(5)

A minimum of one drinking fountain for each Playground area and one drinking fountain in the immediate vicinity of each service Building shall be provided for public use in each Mobile Home Park.

(j)

Each Mobile Home Park shall be provided, for emergency purposes, with the following sanitation facilities:

(1)

One flush toilet and one urinal for males, one flush toilet for females, one lavatory for each sex, and one shower or bathtub with individual dressing accommodations for each sex, for the first fifty (50) Mobile Home Lots or any less number thereof; and

(2)

One additional flush toilet and one additional urinal for males, one additional flush toilet for females, one additional lavatory for each sex and one additional shower or bathtub with individual dressing accommodations for each sex for each fifty (50) Mobile Home Lots or fractional number thereof in excess of the first fifty (50) Mobile Home Lots.

(k)

Each Mobile Home Park which accommodates Dependent Mobile Homes shall be provided with the following sanitation facilities:

(1)

One flush toilet and one urinal for males, one flush toilet for females, one lavatory for each sex, and one shower or bathtub with individual dressing accommodations for each sex for the first fifteen (15) Dependent Mobile Homes, or any less number, so accommodated; and

(2)

One additional flush toilet and one (1) additional urinal for males, one (1) additional lavatory for each sex and one additional shower or bathtub with individual dressing accommodations for each sex for each fractional number in excess of the first fifteen (15) Dependent Mobile Homes so accommodated.

(l)

Each toilet and each shower or bathtub with individual dressing accommodations, for which provision is made in this Section shall be in a private compartment or stall.

(m)

The toilet and other sanitation facilities required by this Section for males and females shall be either in separate buildings or shall be separated, if in the same Building, by a soundproof Wall. The sanitation facilities for males and females shall be distinctly marked to denote the sex for which they are intended.

(n)

Waste from showers, bathtubs, flush toilets, urinals, lavatories and slop sinks in service and other buildings within a Mobile Home Park shall be discharged into a public sewer system in compliance with applicable codes or into a private sewer and disposal plant approved Harrison County Health Department.

(o)

Each Mobile Home Lot in a Mobile Home Park shall be provided with a sewer at least four inches in diameter, which shall be connected to receive the waste from the shower, bathtub, flush toilet, lavatory and kitchen sink of the Mobile Home located in such lot and having any or all of such facilities. The sewer in each lot shall be connected to discharge the Mobile Home waste into a public sewer system in compliance with applicable codes or into a private sewer and disposal plant approved Harrison County Health Department.

(p)

Approved garbage containers with tight-fitting covers shall be provided in each Mobile Home Park, in quantities adequate to permit disposal of all garbage and rubbish. Garbage containers shall be located not farther than two hundred (200) feet from any Mobile Home Lot. The containers shall be covered and kept in sanitary conditions at all times. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to insure that the garbage containers shall not overflow.

(q)

Every Mobile Home Park shall be equipped at all times with fire-extinguishing equipment in good working order, of such type size, and number, and as located within the Mobile Home Park as to satisfy applicable and reasonable regulations of the City Fire Department. No open fires shall be permitted at any place which may endanger life or property, and no fires shall be left unattended at any time.

(r)

At any Mobile Home Park containing more than twenty (20) Lots, an approved fire alarm box must be provided, which shall be conspicuously and conveniently located and clearly identified and shall be suitably connected with the City fire alarm system. In every Mobile Home Park suitable public telephone facilities shall be installed and maintained in a convenient and readily accessible place prominently marked and designated and kept available for use in giving fire alarms at any time.

(s)

Standard fire hydrants and fire service lines shall be installed in such a manner that a fire hydrant shall be located within five hundred (500) feet of each Mobile Home Lot.

(t)

All Buildings and the grounds of each park shall he maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance.

(u)

No Owner or Person in charge of any dog, cat, or other pet animal shall permit it to run at large or commit any nuisance within the limits of any Mobile Home Park. Not more than two dogs and cats shall be allowed in one Mobile Home and no pets shall be raised for Commercial purposes.

(v)

The sale of automobiles and/or Mobile Homes is prohibited within any Mobile Home Park.

(Ord. No. 604, § 2, 11-19-2013)

(a)

Temporary storage units, portable storage units, "PODS" or dumpsters (hereinafter "devices") may be placed upon private residential property or a city street in accordance with the following limitations:

(1)

A permit must be obtained from the City prior to the placement of any device. The cost of the permit shall be determined by the City. Such devices must be placed upon private property unless some physical condition exists that would prohibit placement in the yard or driveway. If the device cannot be placed on private property it may be placed on a city street directly in front of the property of the permit holder.

(2)

A permit issued by the City shall be valid for seven (7) days from the date of issuance. The Building Official may grant an extension of up to seven (7) days upon showing of good cause by the applicant. Not more than two such extensions shall be permitted, for a maximum of twenty-one (21) days in any consecutive twelve (12) month period.

(3)

A permit issued by the City shall be valid for ninety (90) days when issued in conjunction with a building permit when there is an active construction project occurring and when such device is placed on private property. The Building Official may grant an extension of up to ninety (90) days upon showing of good cause by the applicant. Not more than two such extensions shall be permitted, for a maximum of two hundred seventy (270) days in any consecutive twelve (12) month period.

(4)

A permit issued by the City shall be valid for one hundred eighty (180) days when issued in conjunction with a major development plan. The Building Official may grant extensions upon showing of good cause by the applicant and depending on the scope of the project. Should work cease on the project for more than thirty (30) days, the Building Official may revoke the permit and require removal of the device.

(5)

The device may be used in commercial districts as permitted by the Long Beach Planning and Development Commission.

(6)

The device may not be located in any manner that restricts or impedes visibility of motorists.

(7)

The device shall not be placed on any city street where parking is not permitted or that has a pavement width of less than eighteen (18) feet measured from inside of curb to inside of curb, or from edge of pavement to edge of pavement.

(8)

The device shall not exceed eight (8) feet in width, nor be placed in a manner that restricts the remaining street width to less than ten feet measured from inside of curb or edge of pavement to the device.

(9)

The device must be associated with temporary storage or a project for the property of the permit holder and not more than one (1) temporary or portable storage unit or more than one (1) dumpster shall be permitted at any time.

(10)

The device shall not be placed in a manner which damages any public improvement, including but not limited to, the pavement, curb, gutter, grass, landscaping or tree located within the public right-of-way. If the device causes damage to any public improvement, the applicant shall reimburse the city the cost of repair.

(11)

Any device which is placed in violation of this section or is not removed at the end of the time for which it is authorized by the city to remain in place may be removed by the city, with prior notice of not less than twenty-four (24) hours, and the cost of such removal, together with the cost of administration of its removal, shall be reimbursed to the city by the applicant.

(b)

Temporary and Portable Buildings and Structures.

(1)

A temporary or portable structure may be erected only in commercial districts, unless otherwise specified in this code.

(2)

A temporary or portable structure may be erected only in connection with the erection of a permanent building, street, utility, or other structure. Permission for the erection of any temporary structure shall be obtained from the Building Official after posting of sufficient bond to insure removal of it within two (2) weeks after the permanent structure is complete. A temporary or portable structure may be used for a temporary construction office and for the housing of tools, equipment, and materials.

(3)

Subdivision sales offices may be erected only after approval by the Long Beach Planning and Development Commission subject to such conditions as may be determined by the Commission to be necessary to insure termination of the use after a reasonable period and removal or conversion to a conforming use.

(4)

No trailers for dwellings, storage, or business shall be parked in any district, except upon approval by the Long Beach Planning and Development Commission in connection with a permanent building or construction project. All temporary structures shall be for a period of time not to exceed one year, renewable for periods of six (6) months, stating the use for which approved.

(5)

No building shall be moved into and placed within the City of Long Beach except such buildings, which conform to the standards for new construction for dimensions, use and placement upon the lot, and requirements of this and other Ordinances.

(Ord. No. 604, § 2, 11-19-2013)

(a)

Definition. The following words, terms and phrases, when used in this article shall have the meanings ascribed to them in this section:

(1)

Short-Term Rental: Short-Term Rental means any dwelling or condominium or portion thereof that is available for use or is used for accommodations or lodging of guests, paying a fee or the compensation for a period of less than thirty (30) consecutive days. For the purpose of House Bill No. 1836 (1998) regarding a tax levy on lodging rentals, short-term rental "means any establishment engaged in the business of furnishing or providing rooms intended or designed for dwelling, lodging or sleeping purposes to transient guests and which are known in the trade as such." The term "Short-Term Rental" does not include any hospital, convalescent or nursing home, shell houses, group homes, or sanitarium or any facility associated with a hospital providing rooms for medical patients and their families. The term "Short-Term rental" shall also not include mobile homes, manufactured homes, group homes, travel trailers, tents, recreational vehicles, campers or other similar vehicles or structures nor does the term include a bed and breakfast permitted by City ordinances.

(2)

Local Property Manager: The person specifically named on the application and permits who is responsible for the day-to-day operation of the short-term rental unit, and who may be contacted and available twenty-four (24) hours a day if there is a problem with the unit. The local property manager may be the owner or agent of the owner. The local property manager and owner shall be responsible for the management and upkeep of the rental unit in compliance with the provisions set forth herein. The name, address and telephone number of the owner and the local property manager shall be submitted at the time that the application is filed and said information shall be made available to the public. The owner shall be responsible for providing written notice of any change with respect to the name, address and telephone number of the local property manager to the City within five (5) days of any such change.

(b)

Permit Required. It Is Unlawful To Conduct Or Operate A Short-Term Rental Without Having Obtained A Permit Therefor.

(1)

A short-term lodging, special use permit and occupancy tax registration are required for each short-term lodging rental unit.

(2)

Applications may be made for a short-term lodging special use permit in all residential zones.

(3)

The permit process requires an application completed in accordance with the following which may be obtained at the City Building Department.

(A)

Application shall contain such information as the Building Official shall from time to time require, including, but not limited to, the location/address of the short-term rental, number of rooms therein contained, the number of persons the short-term rental proposes to accommodate, the name of the property owner, the name of the local property manager, sales tax collection, and the name, address and telephone number of the local contact person who is available for contact, copy of the rental agreement, proposed parking plan (reviewed and determined upon signing and inspection by Building Official) rules, and a plan for trash management, and a copy of the proposed rental agreement.

(B)

It shall be the duty of the applicant to notify the City Building Department of any Homeowner's Association which may have jurisdiction over the applicant's property. It shall be the further duty of the applicant to notify the affected Homeowner's Association of the application process and to provide the City Building Department with a written statement of support from the Homeowner's Association which approves the request of the applicant for use of the owner's property as a short-term rental. Failure to notify the City Building Department of the existence of a Homeowner's Association shall result in the suspension or revocation of the permit.

(C)

It shall be the duty of the applicant to produce proof to the City Building Department of homeowner's liability insurance coverage which does not exclude short-term rentals from coverage. Further, the applicant shall provide proof that the insurer has been notified of the insured's intent to use the property as a short-term rental.

(D)

The application shall include a statement from the Building Official and Fire Department affirming that the applicant is in compliance with all applicable zoning requirements, building codes and fire codes, as well as a statement affirming that all applicable taxes, fees and other charges have been paid.

(E)

The applicant shall execute a written statement acknowledging that a violation of the ordinances of the City of Long Beach shall result in the suspension or revocation of the permit.

(F)

A non-refundable application fee of two hundred dollars ($200.00) plus mailing costs or the most recent fee established by the Board of Alderman shall be paid by the applicant at the time of filing the application with said application fee concerning the costs of inspection, mailing, and labor affiliated with the processing of the application.

(G)

Upon the filing of an application in accordance with Subsections (A) through (G)[(F)], the City shall notify all landowners within two hundred (200) feet of the applicant's land boundaries of the applicant's intent to obtain a permit to conduct or operate a Short-Term Rental on the property owned by the applicant. Notification by the City shall be made by mail and shall be addressed to the landowner identified for each parcel in the ad valorem tax rolls for the City. The notification shall provide the following information to the landowners within two hundred (200) feet of the applicant's land boundaries:

(1)

Name and address of the applicant;

(2)

Name and address of the local contact person who will be available for contact at all times;

(3)

Name and address of every agent;

(4)

Copy of the application shall be available at City Hall;

(H)

The City shall notify the landowners within two hundred (200) feet of the applicant's boundary lines of the date, time and place of a hearing before the Long Beach Planning and Development Commission. Notice shall be published in a local newspaper of general circulation within the City at least fifteen (15) days prior to the hearing.

(I)

At the conclusion of the public hearing, the Long Beach Planning and Development Commission shall approve or disapprove the application and send its decision, along with the reason for its decision, to the Board of Aldermen. The matter shall be set on the agenda of the next City meeting after the time for appeal has lapsed.

(J)

Any party aggrieved by the decision of Long Beach Planning and Development Commission may appeal the decision to the Board of Aldermen within ten (10) days from the time of the decision. Any aggrieved party shall file a written notice of appeal with the City Clerk. The City shall hold a hearing to hear the appeal as set forth in the code.

(K)

In the event no appeal is filed, the decision of the Long Beach Planning and Development Commission shall be final and the permit shall be issued or denied based upon such after approval by the Mayor and Board of Aldermen. If an appeal is filed, the Board of Aldermen shall consider the appeal and render its decision with respect to the issuance or denial of the permit, setting forth its reasons for such.

(4)

The short-term rental unit is in accordance with all applicable fire and health codes as would apply if the unit was located within a commercial zone and designated as a commercial venture therein.

(5)

Each short-term rental permit shall expire one (1) year from the date of issuance of the permit.

(6)

Permit renewal may be obtained for an amount equal to one-night rental fee or $100[.00], whichever is greater, through the City Building Department.

Permit renewal process will include staff review of City records and other documentation pertaining to complaints, if any, that have been received about the specific short-term rental unit under consideration. Filed complaints that are in violation of the zoning codes, building codes, property maintenance, codes and/or applicable laws or regulations will be considered as part of the renewal process. Applicable local, State and Federal laws or regulations may be a basis for denying a permit renewal. If permit renewal is denied, the City Building Department shall provide notice as to the reason for denial and the landowner shall be allowed ten (10) days to correct any deficiencies itemized. At the expiration of ten (10) days, a landowner may appeal the denial of permit renewal to the Board of Aldermen. The appeal must be in writing and must be filed within ten (10) days following the expiration of the ten (10) day period within which to file correct deficiencies.

(7)

Approval of short-term lodging permit does not legalize any non-permitted use or structure. Short-term rental units are not to be used to distribute retail products or personal services to invitees for marketing or similar purposes. The outdoor display of goods and merchandise for sale is prohibited.

(8)

Short-term lodging rental permits are not transferable. Upon sale or any type of transfer of the property, any permit issued pursuant to the terms set forth herein, shall automatically expire. Any new owner(s) or transferee(s) shall be required to apply for a new permit in accordance with this article, except no hearing is required, only Long Beach Planning and Development Commission approval. The new permit shall be for a period of one year from date approved.

(9)

Any structure or unit that is deed restricted for affordable housing shall not be used as a short-term lodging rental.

(c)

Occupancy. The maximum occupancy of each short-term rental shall be as determined by the Building Official and/or Fire Marshall [Marshal] based on the inspection of the premises and applicable laws, regulations and codes. Each permit shall specify the maximum number of occupants, which may be limited due to building or parking constraints.

(d)

Number of Vehicles. The maximum number of vehicles will be determined upon site inspection by the Building Department and should be compatible with the zoning. This number will be based on off street parking availability and on-street conditions. It will be preferred that the applicant/owner provide off-street parking. In certain circumstances where no off-street parking exists and on-street constraints exist, the Building Official may require that an off-street parking space to be constructed or secured.

(e)

Registry of Guests. Each person granted a short-term rental permit shall keep or cause to be kept a registry of guests. Such registration or list shall be available for inspection upon ten (10) days written notice by the Building Official or his designee.

(f)

Noise. Property owners and local property managers shall insure that the occupants of the short-term rental are aware of City noise ordinances and State laws regarding disturbing the peace.

(g)

Premises and Garbage Management. It shall be the duty of every local property manager and/or owner to keep all of the rooms in connection with the short-term rental provided for the use of guests, in clean and sanitary condition, and to provide each guest with affective protection against flies mosquitoes and other vermin. Garbage shall be disposed of in covered containers and placed in the scheduled pick-up location.

(h)

Posting of Rules. Short-term rental unit rules shall be posted inside the rental unit in a location readily visible to all tenants. The rules shall include: occupancy; parking limits; noise, rules and garbage management. A written copy of this Ordinance shall be posted within the unit and displayed at all times.

(i)

Local Contact Person. All short-term rentals shall designate a local property manager who will respond to the questions or concerns twenty-four (24) hours a day. The name, address and telephone number of the local contact person shall be submitted to the Planning Department, Building Department and City Police Department during the permitting process. The name, address and telephone number of the local contact person shall be posted permanently inside the short-term rental unit. The local contact person, property manager and/or property owner shall be considered the responsible person for violations of the Short-Term Rental Ordinance.

(j)

Complaints and Dispute Resolutions. Complaints regarding violation of this Ordinance must first be directed to the local contact person. If the local contact person is unable to resolve the issue and/or the issue relates to public safety, then the concerned party should contact the Building Department. The Long Beach Police Department shall have an updated list provided by the Building Department of all local contact persons for short-term rentals in case complaints are received after hours. Verified complaints concerning non-compliance with the terms of this Ordinance may be considered in determining whether or not a permit should be revoked.

(k)

Denial or Revocation of a License. Conditions for denial of permit or revocation of permit to operate a Short-Term Rental unit shall include, but in no way limited to, the following:

(1)

Property within a subdivision with an active homeowner's association with adopted covenants that do not allow short-term rentals will not be considered for a permit. A letter of acknowledgment and support will be required from the Homeowner's Association in order to continue in the pursuit of a permit. Failure of the applicant to notify the City that his/her property is a part of a Homeowner's Association shall result in denial of a permit or revocation of a permit.

(2)

The applicant failed to conform to the conditions set forth herein for the current or previous year.

(3)

Guests and/or users of the property were issued noise ordinance and/or disturbing the peace citations during the previous or current year.

(4)

Any other reasonable or rational factors or combination of factors, including, but not limited to, inadequate lot size, inadequate street parking, lack of response from local property manager or contact person, filed complaints of violation of the zoning code, building code, property maintenance code and/or applicable laws or regulations (may be a basis for denying permit).

(5)

The Building Official is authorized to revoke permits. A permitted owner shall be provided with written notice of the reason(s) the permit is subject to revocation. The applicant shall be allowed ten (10) days from the date written notice is issued to correct defective conditions. If the condition is not corrected within ten (10) days to the satisfaction of the Building Official, permit shall be revoked by issuing such order. Upon receipt of such order by the owner or local property manager, the unit shall cease operation as a short-term rental. The owner may appeal the order revoking the permit. The owner's appeal must be in writing and filed with the Building Department within ten (10) days of entry of the order. The revocation shall remain in full force and effect during the pendency of the appeal. The appeal should be presented to the Mayor and Board of Aldermen at the next scheduled meeting following the filing of the appeal. The owner should be afforded notice and the opportunity to be heard.

(l)

Violations. Any persons or users who allow such use of a residential property in violation of this Ordinance shall be guilty of a misdemeanor. For purposes of prosecution of violations of this chapter, each day that any violation occurs (rental without a permit) is deemed to constitute a separate violation.

(m)

Constitutionality. Should any portion, provision or section of this Ordinance be held void, unconstitutional or invalid, the remaining portion of the ordinance shall remain in full force and effect.

(n)

Conflicts. It is hereby provided that the provisions of these regulations shall not be construed as being in conflict with the provisions of any of the regulations of Long Beach, Mississippi. In any case where the provisions in these regulations and the provisions of other regulations both apply, the provisions of this Ordinance shall govern for the purpose of short-term rentals of residential dwellings or condominiums.

(o)

Review. The City shall review the Ordinance annually to evaluate the benefits recognized by the use of Short-Term Rentals, as well as, any adverse impact the use of Short-Term Rentals may have.

(Ord. No. 622, § 2, 9-20-2016)

(a)

For the purpose of determining the density of equivalent opacity of smoke, the Ringlemann Chart, as adopted and published by the United States Department of Interior, Bureau of Mines Information Circular 8333, May 1967, shall be used. The Ringlemann number referred to in this section refers to the number of the area of the Ringlemann Chart that coincides most nearly with the visual density of equivalent opacity of the emission of smoke observed. For example, a reading of Ringlemann No. 1 indicates a 20 percent density of the smoke observed.

(b)

All measurements shall be taken at the point of emission of the smoke.

(c)

In the C-1, C-2, C-3, and all PUD districts, no use may emit from a vent, stack, chimney, or combustion process any smoke that is visible to the naked eye.

(d)

In an I-1 or I-2 district, no use may emit from a vent, stack, chimney, or combustion process any smoke that exceeds a density or equivalent capacity of Ringlemann No. 1, except that an emission that does not exceed a density or equivalent capacity of Ringlemann No. 2 is permissible for duration of not more than four minutes during any eight-hour period if the source of such emission is not located within 250 feet of a residential district.

(a)

No industrial use in any permissible business district may generate noise that tends to have an annoying or disruptive effect upon (i) uses located outside the immediate space occupied by the use if that use is one of several located on a lot or (ii) uses located on adjacent lots.

(a)[(b)]

Except as provided in Subsection (f)[(g)], the table set forth in Subsection (d)[(e)] establishes the maximum permissible noise levels for uses in I-1 and I-2 districts. Measurements shall be taken at the boundary line of the lot where the use is located, and, as indicated, the maximum permissible noise levels vary according to the zoning of the lot adjacent to the lot on which the use is located.

(b)[(c)]

A decibel is a measure of a unit of sound pressure. Since sound having the same decibel level "sound" louder or softer to the human ear depending upon the frequency of the sound wave in cycles-per-second (i.e., whether the pitch of the sound is high or low) an A-weight constructed in accordance with the specifications of the American National Standards Institute, which automatically takes account of the varying on the human ear of different pitches, shall be used on any sound level meter taking measurements required by this section. And according measurements are expressed in dB (A)[(a)] to reflect the use of his A-weighted filter.

(c)[(d)]

The standards established in the table set forth in Subsection (e) expressed in terms of the Equivalent Sound Level (Leq), which m calculated by taking 100 instantaneous A-weighted sound levels at 10-second intervals (see Appendix F-1) and computing the Leq in accordance with the table set forth in Appendix F-2.

(d)[(e)]

Table of Maximum Permitted Sound Levels, dB (A)[(a)].

(e)[(f)]

Impact noises are sounds that occur intermittently rather than continuously. Impact noises generated by sources that do not operate more than one minute in any one-hour period are permissible up to a level of 10 dB(A) in excess of the figures listed in Subsection (e), except that this higher level of permissible noise shall not apply from 7 p.m. to 7 a.m. when the adjacent lot is zoned residential. The impact noise shall be measured using the fast response of the sound level meter.

(f)[(g)]

Noise resulting from temporary construction activity that between 7 a.m. and 7 p.m. shall be exempt from the requirements of this section.

(a)

No use in any permissible business district may generate any ground-transmitted vibration that is perceptible to the human sense of touch measured at (i) the outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is one of several located on a lot, or (ii) the lot line if the enterprise generating the vibration is the only enterprise located on a lot.

(b)

No use in any industrial district may generate any ground-transmitted vibration in excess of the limits set forth in Sub[subsection] (e). Vibration shall be measured at any adjacent lot line or residential district line as indicated in the table set forth in Subsection (d)[(e)].

(c)

The instrument used to measure vibrations shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.

(d)

The vibration maximums set forth in Subsection (e) are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency. When computed, the following formula shall be used:

PV=6.28 FxD

Where:

PV = Particle velocity, inches-per-second.

F = Vibration frequency, cycles-per-second.

D = Single amplitude displacement of the vibration, inches.

The maximum velocity shall be the vector sum of the three components recorded.

(e)

Table of Maximum Ground-Transmitted Vibration

(f)

The values stated in Subsection (e) may be multiplied by two for impact vibrations, i.e., discrete vibration pulsations not exceeding one second in duration and having a pause of at least one second between pulses.

(g)

Vibrations resulting from temporary construction activity that occurs between 7 a.m. and 7 p.m. shall be exempt from the requirements of this section.

(a)

For purposes of this section, the "odor threshold" is defined as the minimum concentration in air of a gas, vapor, or particulate matter that can be detected by the olfactory systems of a panel of healthy observers.

(b)

No use in any district may generate any odor that reaches the odor threshold, measured at:

(1)

The outside boundary of the immediate space occupied by the enterprise generating the odor.

(2)

The lot line if the enterprise generating the odor is the only enterprise located on a lot.

(a)

Any use that emits any "air contaminant" shall comply with applicable state standards concerning air pollution, as set forth in Mississippi air pollution control law.

(b)

No zoning, special-use, or Long Beach Planning and Development Commission approval permit may be issued with respect to any development covered by Subsection (a) until the appropriate state agency has certified to the permit-issuing authority that the appropriate state permits have been received by the developer, or that the developer will be eligible to receive such permits and that the development is otherwise in compliance with applicable air pollution laws.

(a)

No use in any district may discharge any waste contrary to the provisions of Mississippi law governing discharges of radiological, chemical, or biological wastes into surface or subsurface waters.

(b)

No use in any district may discharge into the city sewage treatment facilities any waste that cannot be adequately treated by biological means.

The city engineer, to ensure proper capacity shall approve all uses that require city water.