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Long Beach City Zoning Code

ARTICLE IX

ZONING DISTRICTS AND ZONING MAP

Sec. 94. - Residential districts established.

(a)

The following residential districts are hereby established: R-1, R-2, R-3, R-4 and R-O. Each of these districts is designed and intended to secure for the persons who reside there a comfortable, healthy, safe, and pleasant environment in which to live, sheltered from incompatible and disruptive activities that properly belong in nonresidential districts. Other objectives of some of these districts are explained in the remainder of this section.

(b)

The R-1 district is designed primarily to accommodate single-family detached residential uses (other than mobile or manufactured homes) at low and medium densities.

(c)

The R-2 district is designed to accommodate single-family detached and two-family dwelling units.

(d)

The R-3 zone [district] is designed primarily to accommodate all residential uses including low and high rise apartments.

(e)

The R-4 district is designed to accommodate residential and agricultural uses.

(f)

The R-O district is designed to accommodate low density residential and small office uses in a house-form appearance.

Sec. 95. - Commercial districts established.

(a)

The following commercial districts are hereby established: C-1, C-1HD, C-2, C-2B, and C-3. These districts are created to accomplish the purposes and serve the objectives set forth in the remainder of this section.

(b)

The C-1 (central business) district is designed to accommodate a wide variety of commercial and mixed-use activities (particularly those that are pedestrian oriented) that will result in the most intensive and attractive use of the city's central business district.

(c)

The C-1HD (high density) district is designed to accommodate retail mixed with condominiums, apartments, offices and entertainment complexes, including gaming activities.

(d)

The C-2 (highway commercial) district is designed to accommodate the widest range of commercial activities and high density residential.

(e)

The C-2B (beachfront) district is designed to accommodate mixed-use commercial and residential, including condominiums, apartments, offices and light commercial.

(f)

The C-3 (neighborhood business) districts are designed to accommodate commercial development on a scale that is less intensive than that permitted in a C-2 district. A lesser intensity of development is achieved through setback, height, and minimum lot size requirements that are more restrictive than those applicable to the C-2 zone. The C-3 district thus may provide a transition in some areas between commercial and residential or may provide for a smaller scale shopping center that primarily serves one neighborhood or area of the city (as opposed to a regional shopping center). The City encourages the use of house-form structures in this district.

Sec. 96. - Industrial districts established.

The following districts are hereby established primarily to accommodate enterprises engaged in the manufacturing, processing, creating, repairing, renovating, painting, cleaning, or assembling of goods, merchandise, or equipment: I-1 and I-2. The performance standards set forth in Part II of Article XI place limitations on the characteristics of uses located in these districts.

(a)

The I-1 (planned industrial park) district is designed to provide a location for a planned development of an industrial complex. Such a complex may have one or more industries and is developed and remains in the control of a supervising authority.

(b)

The I-2 industrial district is designed for industry established on existing lots or parcels.

Sec. 97. - Waterfront district established.

The Waterfront District (WD) is hereby established primarily to accommodate enterprises engaged in the marine, entertainment and water related uses. The waterfront area is a chief attraction to the City and an important part of the local culture. Uses, along with mixed-uses shall be adjacent to water bodies and compatible with waterfronts. The City shall allow only such uses that promote waterfront development, enhance the beach views and encourage public use of facilities.

Sec. 98. - Planned unit development districts established.

(a)

There are hereby-established 6 different planned unit development (PUD) districts as described in this section. Each PUD district is designed to combine the characteristics of at least two and possibly three zoning districts.

(1)

One element of each PUD district shall be the medium-density residential element. Here there are two possibilities, each one corresponding to the R-2 or R-4 residential districts described in Subsection 94(d) and (e). Within that portion of the PUD zone that is developed for medium density residential purposes, all development must be in accordance with the regulations applicable to the medium density residential district to which the particular PUD zoning district corresponds.

(2)

One element of each PUD district shall be the higher density residential element. Here there are two possibilities; each one corresponding either to the R-3 or R-4 zoning districts described in Subsections 102(d) and (e), respectively. Within that portion of the PUD District that is developed for higher density residential purposes, all development must be in accordance with the regulations applicable to the higher density residential district to which the PUD district corresponds.

(3)

A second element of each PUD district shall be the commercial element. Here there are two possibilities, each one corresponding to one of the following commercial districts identified in Section 94[95]: C-2 or C-3. Within that portion of a PUD district that is developed for purposes permissible in a commercial district, all development must be in accordance with the regulations applicable to the commercial district to which the PUD district corresponds.

(b)

In accordance with the description set forth in Subsection (a), the 6 PUD districts shall carry the following designations to indicate their component elements:

(1)

R-2, R-4, C-2.

(2)

R-2, R-4, C-3.

(3)

R-4, C-2.

(4)

R-4, C-3.

(5)

R-3, C-2.

(6)

R-3, C-3.

(c)

No area of less than five (5) contiguous acres may be zoned as a PUD district, and then only upon the request of the owner or owners of all the property intended to be covered by such zone.

(d)

As indicated in the Table of Permissible Uses (Section 105), a planned unit development is the only permissible use of a PUD zone and planned unit developments are permissible only in such zones.

(e)

Planned unit developments are subject to the requirements set forth in Sections 117 and 118.

Sec. 99. - Floodplain and floodway districts.

The floodplain and floodway districts may be established as "overlay" districts, meaning that these districts are overlaid upon other districts and the land so encumbered may be used in a manner permitted in the underlying district only if and to the extent such use is also permitted in the applicable overlay district.

Sec. 100. - Special use district.

(a)

The purpose of a Special Use District is to enable the Long Beach Planning and Development Commission and City of Long Beach, Mississippi to establish zoning districts for mixed uses of land in accordance with the following procedures and regulations.

(b)

The establishment of a Special Use District shall adhere to the regulations imposed for like categories or functions under this Zoning Ordinance.

(c)

The types of Special Use District which could be established shall include, but not be limited to, such districts as:

(1)

Medical Complex District to include activities such as hospitals, public health centers, nurses training facilities, pathology laboratories, doctor's clinics and offices, extended care and nursing facilities, dental clinics and offices, and other closely related and compatible uses.

(2)

Recreational District to include active and passive activities such as neighborhood centers, parks and playgrounds, swimming pools, picnic areas, and other closely related and compatible uses.

(3)

Educational Institutions District to include activities such as grade schools, secondary schools and colleges, auditoriums, libraries, recreational facilities, and other closely related and compatible uses.

(4)

Public District to include municipal functions and services such as city hall, county courthouse, fire department, police department, post office, public utilities, public parking complexes, and other closely related and compatible uses.

(5)

Housing District to include such residential uses as single- and two-family residences, garden apartments, town houses and high-density development.

Any use, service or function (for example, as related to the Educational District (bookstore, grill, post office, etc.) directly related to the specific intent of the Special Use District will be permitted, provided, in the opinion of the Long Beach Planning and Development Commission, there are no existing services or functions conveniently located and adequate to serve the proposed development.

(d)

In applying for a Special Use District, or an amendment to such a district, an overall development plan shall be submitted to the Long Beach Planning and Development Commission along with a report showing the need of such a District and its effect on adjacent and surrounding uses. This overall development plan shall include, but not be limited to:

(1)

Plans showing location and design of structures, delivery points, loading and storage areas, walls, fences, screen planting, signs, lighting devices and pedestrian walks.

(2)

Plans illustrating adequate off-street parking according to standards established in this ordinance.

(3)

Plans showing entrance and exits to the area and the traffic routing system so designed as to minimize nuisance effects due to the generation of traffic to and from the area.

(4)

Any other information the Long Beach Planning and Development Commission may need to adequately consider the effect the proposed uses may have upon the cost of providing adequate services to the area.

The Commission may attach reasonable special conditions to the approval of such District or amendments to insure[ensure] that there will be no departure from the intent of this Zoning Ordinance. All proposed Special Use Districts shall follow the procedures for subdivision approval even though the ownership of land may not be divided. A preliminary and final plat, both approved by the Long Beach Planning and Development Commission, shall be required for every Special Use District. The Long Beach Planning and Development Commission may establish a schedule of reasonable fees to be charged for plat review. The District shall be developed according to the approval of the final plat. Building permits and certificates of occupancy shall be required for each building according to the existing cedes and regulations.

(e)

All Special Use Districts shall:

(1)

Contain a minimum of five acres, except for an expansion of an existing Special Use District. If the existing Special Use District does not contain five acres, then the additional acreage shall contain at least the amount needed to bring the total land area to five acres.

(2)

Be compatible with adjacent land use, if not, adequate buffers and screening shall be required.

(3)

Start construction within one year after approval of final plat. If initial construction (for example footings, foundations) does not begin within one year, all land shall revert to the original zoning. In any case, where there was no original zoning, all land will be rezoned to conform to adjacent uses.

(4)

Conform to established regulations. Even though this district will have mixed uses, each separate use will meet the requirements of similar uses in other districts. For example, all residential uses in this district will comply with the applicable residential regulations as set forth in this Zoning Ordinance.

(5)

Since a mixture of uses are permitted within this district, no building, structure, land or premises shall be used and no building or structure shall be hereinafter erected, constructed, reconstructed or altered until such use, erection, construction, reconstruction or alteration shall have been specifically authorized by the governing body after study and recommendation by the Long Beach Planning and Development Commission.

(6)

Be binding upon the applicant or applicants, their successors and assigns, and shall limit the development to all conditions and limitations established in such plans.

(7)

Proposed expansions or revisions to any originally approved Special Use District shall be submitted to the Long Beach Planning and Development Commission. Upon receiving this request, the Long Beach Planning and Development Commission shall follow the general procedures and regulations as previously set forth.

(8)

Recreational Vehicle Resort Special Use District.

(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:

One-way, no parking 11 feet
One-way with parking on one side, or two-way with no parking 18 feet
Two-way with parking on one side 27 feet
Two-way with parking on both sides 34 feet

 

(4)

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

(5)

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 expressly permitted as accessory uses in this Special Use District, 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 and their guests.

(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 complement 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 Long Beach'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 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.

(Ord. No. 635, § 2, 5-15-2018)

Sec. 101. - Architectural guidelines.

The City of Long Beach may adopt Architectural Guidelines; the purpose of those guidelines shall be used to share ideas to assure that new development and rebuilding fit in with the visual appearance and goals of the City. Decisions made regarding the overall configuration, disposition, function and materials of any structure shall comply with these Architectural Guidelines and this ordinance.

Sec. 102. - Official zoning map.

(a)

There shall be a map known and designated as the Official Zoning Map, which shall show the boundaries of all zoning districts within the city's planning jurisdiction. This map shall be digitally drawn or other durable material from which prints can be made, shall be dated, and shall be kept in the planning department.

(b)

The Official Zoning Map dated is adopted and incorporated herein by reference. Amendments to this map shall be made and posted in accordance with Article XIX.

(c)

Should the Official Zoning Map be lost, destroyed, or damaged, the administrator may have a new map created from which prints can be made. No further council authorization or action is required so long as no district boundaries are changed in this process.

Sec. 103. - Amendments to official zoning map.

(a)

Amendments to the Official Zoning Map are accomplished using the same procedures that apply to other amendments to this chapter, as set forth in Article XIX.

(b)

The administrator shall update the Official Zoning Map as soon as possible after adopted by the council. Upon entering any such amendment on the map, the administrator shall change the date of the map to indicate its latest revision. New prints of the updated map may then be issued.

(c)

No unauthorized person may alter or modify the Official Zoning Map.

(d)

The planning department shall keep copies of superseded prints of the zoning map for historical reference.