Mccomb City Zoning Code

ARTICLE III

- ESTABLISHMENT OF DISTRICT REGULATIONS

Sec. 3.000.[sic] - A-1 General Agricultural District.

3.01 Purpose.

This district shall provide an area for agricultural and horticultural uses. The rural nature and low density of population in this district require only that uses essential to agricultural and horticultural have a reasonable setback of buildings from dedicated streets and/or highways. It is the purpose of this district to encourage and protect such uses from urbanization until such is warranted and the appropriate change in district classification is made.

3.02 Permitted Uses.

Only the following permitted uses shall be allowed in the A-1 Agricultural District and no structure or land shall be devoted to any other use other than a use permitted hereunder with the exception of uses lawfully established prior to the effective date of this ordinance:

Cultivation of field and truck crops, orchards and vineyards

Pasturing and grazing

Dairies, poultry, small animals and livestock

Greenhouses, nurseries and landscape gardening

Barns, silos, sheds, warehouses and cooling houses for storage, grading, packing and processing of farm produce, other than commercial slaughtering or processing of animals

One-family detached dwellings and their customary accessory uses

Public parks and recreation areas

Public utility surface structures

Private riding stables

3.03 Home Occupations.

Home occupations may be allowed that are clearly incidental and secondary to the primary use of the property as a residence, provided that these uses are conducted entirely on the property and by the property owner. No more than one person not related to the resident can be engaged in the operation of such business and no retail sales, outside storage of equipment or materials shall be permitted.

3.04 Conditional Uses.

Conditional uses are permitted in A-1 General Agricultural District.

Drilling and mineral recovery.

3.05 Site and Structure.

Minimum Lot Area and Lot Width.

Each one-family dwelling in the A-1 District, together with its accessory building, hereafter erected, shall be located on a parcel having an area of not less than three (3) acres, which tract shall have access to a dedicated public street or highway. However, nothing in this ordinance shall prevent the erection of one (1) one-family dwelling, or the use of the land for agricultural purposes on any tract of three (3) acres or less, which was in existence on the date of passage of this ordinance, provided that all buildings erected on such lots shall meet all of the other requirements of this or any other applicable ordinances.

Minimum Yards Required.

Front Yard - The front yard, which is also referred to as the setback lines, shall be a minimum of twenty-five (25) feet.

Side Yard - Setback a minimum of ten (10) feet provided that any permitted pen or building in which livestock is kept shall be located not less than one hundred (100) feet from any lot line.

Rear Yard - The rear yard of each lot shall be a minimum of twenty-five (25) feet.

Building height - No building shall exceed thirty-five (35) feet in height nor shall exceed two and one-half (2 1/2) stories in height; and accessory buildings shall not have more than two (2) stories.

(Ord. No. 17:05/00, § I, 5-23-2000)

Sec. 3.1. - R-80 Single-Family Residential.

3.101 Purpose.

The purpose of the R-80 district is to provide single-family resident dwellings in a setting of low density. To protect the locational characteristics of this district, permitted activities are limited single-family dwellings and certain specified cultural, educational, religious and public uses. All strictly commercial uses are prohibited.

3.102 Permitted Uses.

Only the following permitted uses shall be allowed in the R-80 Single-Family Residential District and no structure or land shall be devoted to any use other than those listed hereunder:

Residential uses.

One Single-Family Dwelling.

Private Garages and Accessory Structures.

Cultural and Recreational Uses.

Public and Private Parks.

Botanical Gardens.

Playgrounds.

Nature Preserves and Sanctuaries.

Swimming Clubs and Pools.

Athletic Fields.

Tennis Courts.

Private Riding Stables.

3.103 Home Occupations.

Home occupations shall not be permitted in the R-80 Single Family Residential District.

3.104 Conditional Uses.

Conditional Uses are prohibited in the R-80 [Single-Family] Residential District.

3.105 Site and Structure.

Minimum Lot Area and Lot Width.

Every dwelling shall be located on a lot not less than ten thousand (10,000) square feet in area with a minimum width of eighty (80) feet at the Building Setback Line.

Minimum Yards Required.

Front Yard - The front yard, which is also referred to as the Building Setback Line, shall be a minimum of twenty-five (25) feet from any existing or proposed right of way.

Side Yard - There shall be two side yards, one on each side of the building, having a minimum width of ten (10) feet as measured from the structure to the adjacent lot line. Side yards on corner lots shall be fifteen (15) feet along intersecting streets.

Rear Yard - The rear yard of each lot shall be twenty-five (25) feet as measured from the structure to the rear lot line.

Building height - No building or structure shall exceed thirty-five (35) feet in height.

(Ord. No. 17:05/00, § I, 5-23-2000)

Sec. 3.2. - R-60 One- and Two-Family Residential.

3.201 Purpose.

The R-60 District is intended to provide a greater density of residential use by permitting the placement of two-family dwelling units without the more intense uses of general multifamily districts. To protect the locational characteristics of this district, permitted activities are limited to residential dwellings of one or two units and certain specified cultural, educational, religious and public uses. All strictly commercial uses are prohibited.

3.202 Permitted Uses.

Only the following permitted uses shall be allowed in the R-60 One- and Two-Family Residential District and no structure or land shall be devoted to any use other than those listed hereunder:

Residential Uses.

One Single-Family Dwelling.

Two-Family Dwellings.

Private Garages and Accessory Structures.

Cultural and Recreational Uses.

Public and Private Parks.

Botanical Gardens.

Playgrounds.

Nature Preserves and Sanctuaries.

Swimming Clubs and Pools.

Athletic Fields.

Tennis Courts.

3.203 Home Occupations.

Home occupations may be allowed that are clearly incidental and secondary to the primary use of the property as a residence, provided that these uses are conducted entirely on the property and by the property owner. No more than one person not related to the resident can be engaged in the operation of such a business and no retail sales, outside storage equipment or materials shall be permitted.

The following criteria shall be employed to determine a valid home occupation.

No sales of products or services produced on the premises.

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

It shall not involve the use of commercial vehicles for delivery of material to or from the premises.

No storage of materials and/or supplies outdoors.

It shall not involve the use of signs other than those permitted in that district of which it is a part.

No building or space outside of the main building shall be used for home occupational purposes other than storage.

No more than one room in the dwelling shall be employed for the home occupation.

In no way shall the appearance of the structure be so altered or the conduct of the occupation within the structure be such that the structure may be reasonably recognized as serving a nonresidential use (either by color, material or construction, lighting, signs, sound or noises, or vibrations); and

There shall be no use of utilities or community facilities beyond that reasonable to the use of the property for residential purposes.

(Ord. No. 16-11-90, 11-27-1990)

10.

Day Care Home residence which receives not more than fifteen (15) children under the age of thirteen (13) for care during all or part of the day. The maximum of fifteen (15) children shall include the natural or adopted children of the occupants of the premises under thirteen (13) years of age.

(Ord. No. 03:03/93, § 1, 3-23-1993)

3.204 Conditional Uses.

Conditional Uses are prohibited in the R-60 [One- and Two-Family] Residential District.

3.205 Site and Structure.

Minimum Lot Area and Lot Width.

Every dwelling shall be located on a lot not less than six thousand (6,000) square feet in area with a minimum width of sixty (60) feet at the Building Setback Line.

Minimum Yards Required.

Front Yard - The front yard, which is also referred to as the Building Setback Line, shall be a minimum of twenty (20) feet from any existing or proposed right of way.

Side Yard - There shall be two side yards, one on each side of building, having a minimum width of five (5) feet as measured from the structure to the adjacent lot line. Side yards on corner lots shall be ten (10) feet along intersecting streets.

Rear Yard - The rear yard of each lot shall be twenty (20) feet as measured from the structure to the rear lot line.

Building height - No building or structure shall exceed thirty-five (35) feet in height.

(Ord. No. 17:05/00, § I, 5-23-2000)

Sec. 3.3. - R-50 One- and Two-Family Residential and Manufactured Housing.

3.301 Purpose.

The purpose of the R-50 District is to provide for increased population density and for the location of manufactured homes which, through the application of district standards, will be compatible with adjacent site built home.

To protect the locational characteristics of this district, permitted activities are limited on one- and two-family, manufactured or site-built dwellings, and certain specified cultural, educational, religious and public uses. All strictly commercial uses are prohibited.

3.302 Permitted Uses.

Only the following permitted uses shall be allowed in the R-50 District and no structure or land shall be devoted to any use other than those listed hereunder:

Residential Uses.

(Reserved).

Single Family Manufactured Dwellings.

One- and Two-Family Dwellings.

Private Garages and Accessory Structures.

Cultural and Recreational Uses.

Clubs, Lodges and Fraternities.

Public and Private Parks.

Playgrounds.

Swimming Clubs and Pools.

Athletic Fields.

Tennis Courts.

(Ord. No. 9:09/04, § I, 9-28-2004)

3.303 Home Occupations.

Requirements shall be provided as put forth in Section 3.203.

(Ord. No. 03:03/93, § 1, 3-23-1993)

3.304 Conditional Uses.

Conditional Uses are prohibited in the R-50 [One- and Two-Family] Residential [and Manufactured Housing] District.

3.305 Site and Structure.

Minimum Lot Area and Lot Width.

Every dwelling shall be located on a lot not less than five thousand (5,000) square feet in area with a minimum width of fifty (50) feet at the Building Setback Line.

Minimum Yards Required.

Front Yard - The front yard, which is also referred to as the Building Setback Line, shall be a minimum of twenty (20) feet from any existing or proposed right of way.

Rear Yard - The rear yard of each lot shall be twenty (20) feet measured from the structure to the rear lot line.

Building height - No building or structure shall exceed thirty-five (35) feet in height.

3.306 District Standards.

Installation.

Installation of mobile or manufactured homes shall be on a permanent foundation according to the provisions of all applicable building codes.

Compatibility.

Compatibility of mobile or manufactured homes shall be defined by similarity of exterior finish, dimensions, roof pitch and floor area. As related to district standards, the above item shall be similar to the surrounding housing within three hundred (300) feet on both sides of the street and all abutting property.

Dimensions.

Mobile or manufactured homes shall have a minimum width of the main body of 11 feet 6 inches (11'6") and a minimum floor area of seven hundred twenty (720) square feet.

(Ord. No. 17:05/00, § I, 5-23-2000)

Sec. 3.4. - R-PL Planned Residential District.

3.401 Purpose.

The use of current land development techniques is often difficult under traditional zoning regulations which are designed to control single building on individual lots. The purpose of this district is therefore to provide for the location of a variety of residential uses, including single- and two-family residences, zero lot line developments, garden or patio homes, townhouses, apartment complexes and manufactured housing developments. Permitted activities are limited to residential uses of varying densities and certain specified cultural, educational, religious and public uses. All strictly commercial uses are prohibited.

3.402 Permitted Uses.

Only the following uses shall be permitted in the R-PL Planned Residential District and no structure or land shall be devoted to any use other than those listed hereunder:

Residential Uses.

Single-Family Residential.

One- and Two-Family Residential.

Three- and Four-Family Residential.

Multifamily Residential.

Cultural and Recreational Uses.

Clubs, Lodges and Fraternities.

Public and Private Parks.

Playgrounds.

Swimming Clubs and Pools.

Athletic Fields.

Tennis Courts.

(Ord. No. 17:05/00, § I, 5-23-2000)

3.403 Conditional Uses.

Mobile and Manufactured [Home] Parks are a Conditional Use in the Planned Residential Use Overlay District subject to the following:

Preliminary Application: The applicant should consult with the planning department to determine if the site meets the requirements for both land use and size. The applicant should then prepare a preliminary subdivision plat following the requirements of Section 4 Subdivision Regulations of the City of McComb.

When the Planning Department has determined that the development conditions have been met in this preliminary plat, then it should be presented and reviewed for submission to the McComb Planning Commission.

The Planning Commission shall establish a date and hold a public hearing for the proposed Mobile Home Park.

The Planning Commission shall present its findings and recommendation to the Board of Mayor and Selectmen for final approval.

(Ord. No. 9:09/04, § I, 9-28-2004)

3.404 Procedure and Regulations.

Preliminary Application.

After the proposed uses of land have been approved for a tract of land not less than two (2) acres in area, the applicant will be required to submit a Sketch Plan which will include the following information:

A tentative site plan which indicates the areas to be developed for buildings, the anticipated total gross floor space, the areas to be developed for parking and the points of ingress and egress.

Application Review.

When the Sketch Plan is submitted to the Department of Planning and Development it will be reviewed by the Director and referred to the Planning Commission. The Planning Commission will report to the Board of Mayor and Selectmen within thirty (30) days of the date of referral.

Upon receipt of the report of the Planning Commission the Board of Mayor and Selectmen may vote to approve or disapprove the Sketch Plan and issue or deny a special permit in accordance with the provisions of this section.

The special permit will be conditional on the submission of a Final Development Plan within twenty-four (24) months of the issuance of the special permit.

Final Development Plan.

The Final Development Plan shall include the following information.

A site plan defining the areas to be developed for buildings and parking, pedestrian and vehicular circulation patterns and the points of ingress and egress, including access streets where required. The location and heights of walls, provisions for loading and unloading and the location, number and size of signs shall also be noted on the Final Development Plan.

Architect's sketches of the proposed buildings and landscaping.

A schedule of construction, including the anticipated completion date.

A statement of all the ownership and beneficial interests in the proposed planned residential development.

A statement of the proposed types of businesses and land uses and of the general market area to be served by the development.

Approval and Issuance of Permit.

If the Final Development Plan conforms to the tentative development plan, the Mayor and Selectmen may approve the issuance of a special permit by the [code] inspector upon submission of the approved Final Development Plan to the office of Safety and Permits.

Revocation of Special Permit.

All time schedules shall relate back to the date when the special permit was issued. The Board of Mayor and Selectmen may request written reports on the progress of the development at any time, and may extend any time limit provided that each such extension does not exceed twelve (12) months. If the Board of Mayor and Selectmen become satisfied at any time that the persons issued the development permit have abandoned the proposed residential development, the permits issued may be revoked at a public hearing. Written notice of said hearing shall be sent to the persons holding the permit.

Conformity.

No building permit shall be issued contrary to the provisions of the City Land Use Regulations and all other ordinances, rules and regulations of the City. The use and development of the tract of land as a planned residential district shall conform, as nearly as practicable, to the special permit issued and to Final Development Plans as approved. No building permit, certificate of occupancy, or other permit shall be issued unless the building or improvement conforms to the special permit issued and to the Final Development Plan as approved. Additionally, an adequate agreement, contract and bond must be deposited with the City to guarantee the installation of the required water, sewer, street paving, curb and gutter, alley paving, sidewalks, street signs and street lighting facilities.

3.405 Lot Standards for Mobile/Manufactured Home Parks.

The minimum lot size shall be 4,000 square feet.

The maximum building height shall be twenty (20) feet.

The front building line width shall be a minimum of 50 feet as measured along the front R.O.W. and the front yard which is also referred to as the Building Setback Line shall be a minimum of 20 feet from this R.O.W. or a proposed R.O.W.

The side setback shall be twenty (20) feet from each individual mobile home.

The rear setback shall be a minimum of ten (10) feet between all mobile homes and the rear yard lines of a mobile or manufactured home space (lot).

Each lot shall have two paved parking spaces with permanent paved runners to these spaces as well as patios.

Each home shall follow standards for tie-downs to a permanent pad and shall have vertical skirting on all sides. These regulations shall follow the Mississippi Insurance Departments "Rules and Regulations of the Mobile Home Division of the State Fire Marshal's Office," Section IX, "Minimum Standards for Blocking, Anchors and Tie Downs."

The tongue and wheels shall be permanently removed.

No more than one (1) accessory building shall be allowed per lot and must be contained within the setbacks for that lot and may be no greater than twenty-five percent (25%) of the size of the mobile home on that lot. There shall be no accessory structures allowed in the front setback.

(Ord. No. 9:09/04, § I, 9-28-2004)

3.406 General Dimensional Requirements for Mobile/Manufactured Home Parks.

The maximum density shall not exceed 11 homes per acre.

All mobile homes shall be located at least fifty (50) feet from any property line or any existing or proposed right of way line of a public street or road. This park perimeter setback shall be a landscaped open area with no encroachments permitted, including parking lots, patios, or swimming pools or other paved areas except for entrance/exit driveways (front yard only). (This setback must be indicated on the preliminary subdivision plat).

In order to provide for free movement of traffic through the park on park streets, no on-street parking shall be permitted on any mobile home park street.

(Ord. No. 9:09/04, § I, 9-28-2004)

3.407 Streets, Utilities and Storm Drainage.

All streets within a mobile home park shall be at least twenty-eight (28) feet in width and shall be hard surfaced. All streets shall be constructed in accordance with standards for local streets as specified in the McComb City Subdivision Regulations. Proper maintenance of all streets within mobile home parks shall be the responsibility of the owner or operator of the park and not the City of McComb.

Utilities (electric power, natural gas, water and sanitary sewerage) and storm drainage shall be provided in all mobile home parks in accordance with the requirements of the City of McComb subdivision ordinance and applicable codes adopted by the City of McComb. The maintenance of water and sanitary sewerage facilities and storm drainage facilities within mobile home parks shall be the responsibility of the owner of the park and not the City of McComb.

All utilities, including electrical, cable and telephone shall be placed underground.

All mobile home parks shall be located on ground which is not susceptible to flooding and graded so as to prevent any water from ponding or accumulating on the premises. If the mobile home park is in the flood plain the provisions of [Chapter 62 "Floods"] Chapter 10 "Flood Damage Prevention," in the McComb Code of Ordinances shall prevail.

(Ord. No. 9:09/04, § I, 9-28-2004)

3.408 Location, Grandfathered Uses and County Registration.

Any mobile homes in the City of McComb shall be allowed to remain where they are but should they be unoccupied for a period of ninety days they must be removed from their location.

Where a mobile home has R-50 zoning implemented, prior to the enactment of this amendment to the Land Use Regulation Ordinance, a mobile home that does not conform to the requirements of an R-50 District and is already placed with utilities operable shall be allowed to remain and not be required to conform. However for the mobile home to be grandfathered it must be skirted as per Section 3.405.G above.

Provided however if that mobile home is renovated, and this renovation includes at least $1,000 of value of renovation work, it shall be subject to the R-50 zoning requirements and must be brought with compliance within one hundred twenty (120) days.

Further no mobile home that is removed may be replaced by a mobile home that is not being brought into compliance in the same manner as the mobile home that is placed in the R-50 District after the date of these amendments. The owner of said mobile home must demonstrate to the satisfaction of the Mayor and Board that a physical hardship would exist if that owner is not allowed to replace the mobile home with the same or better [sic]. This replacement is only allowed in the R-50 zoning district if all lot dimensions are met as well as city standards for mobile homes as stipulated in Section 3.405.G above.

The owner of any mobile home in the City of McComb, whether grandfathered in an R-50 District or individually owned or leased in a mobile home park shall be registered [in] the County Clerk's office of Pike County. Proof of registration is required to obtain utility service.

(Ord. No. 9:09/04, § I, 9-28-2004)

Sec. 3.5. - B-PO Business/Professional Office.

3.501 Purpose.

The purpose of the [B-PO] Business and Professional Office District is to provide for a combination of business offices and limited retail, and specialty commercial uses with activities conducted during normal daytime working hours.

3.502 Permitted Uses.

Only the following permitted uses shall be allowed in the B-PO District and no structure or land shall be devoted to any use other than those listed hereunder:

Office and Professional Uses.

Law Offices.

Accountant Offices.

Architecture or Engineering Offices.

Real Estate Offices.

Insurance Offices.

Daytime Doctor, Dentist or Chiropractor Offices.

Financial Services Offices.

Other Professional Offices.

Specialty Retail and Commercial Uses.

Retail shops for the sale of books, educational and/or arts and crafts supplies, florists, gifts, antiques and clothing.

Photographic Studios.

Dance Studios.

Music Studios.

Miscellaneous Uses.

Art Galleries.

Museums.

Libraries.

Day Care Home.

Day Care Center.

(Ord. No. 03:03/93, § 1, 3-23-1993)

3.503 Conditional uses.

Single Family Residential Uses will be conditional in the B-PO Business and Professional Office District.

3.504 Site and structure.

Minimum Lot area and Lot Width.

Every structure shall be located on a lot not less than six thousand (6,000) square feet in area with a minimum width of sixty (60) feet at the Building Setback Line.

Minimum Yards Required.

Front Yard - The front yard, which is also referred to as the Building Setback Line, shall be a minimum of twenty (20) feet from any existing or proposed right-of-way.

Side Yard - There shall be two side yards, one on each side of the building, having a minimum width of five (5) feet as measured from the structure to the adjacent lot line. Side yards on corner lots will be ten (10) feet along intersecting streets.

Rear Yard - The rear yard of each lot shall be twenty (20) feet as measured from the structure to the rear lot line.

Building height - No building or structure shall exceed thirty-five (35) feet in height.

Office and Specialty Retail.

Conversion of residential properties for office and retail uses is permitted in this district. The exterior appearance of the structure should maintain the appearance of a residence. Parking shall be provided as required in Section 3.14 of this ordinance.

New construction for office and retail uses shall be compatible with the architectural style of adjacent buildings. Compatibility shall be defined by similarity of exterior finish, dimensions, roof pitch and floor area.

Sec. 3.6. - C-1 Neighborhood Business District.

3.601 Purpose.

The purpose of the C-1 Neighborhood Business District is to provide for commercial and service facilities which serve the needs of surrounding neighborhoods rather than the surrounding community. Uses which may create noise, odors, hazards, unsightliness or which may generate excessive traffic should not be located in this district.

3.602 Permitted uses.

Only the following permitted uses shall be allowed in the C-1 Neighborhood Commercial District and no structure or land shall be devoted to any use other than those listed hereunder:

Retail and Service.

Antique Shops.

Art and Supply Stores.

Art Galleries.

Bakeries.

Branch Banks and Financial Institutions.

Barber[shops] and Beauty Shops.

Book or Stationery Store.

Utility Collection Office.

Custom Dressmaking and Sewing Shops.

10.

Florists.

11.

Delicatessens.

12.

Garden Supply and Greenhouses.

13.

Gift Shops.

14.

Hardware Stores.

15.

Hobby Shops.

16.

Ice Cream Shops.

17.

Interior Decorating Shops.

18.

Jewelry Stores.

19.

Photography Shops and Studios.

20.

Restaurants.

21.

Shoe Stores and Repair Shops.

22.

Sporting Goods Stores.

23.

Toy Stores.

24.

Wearing Apparel Stores.

25.

Day Care Home.

26.

Day Care Center.

(Ord. No. 03:03/93, § 1, 3-23-1993)

Offices.

Law Offices.

Architecture or Engineering Offices.

Accountant Offices.

Real Estate Offices.

Insurance Offices.

Doctor, Dentist or Chiropractor Offices.

Miscellaneous Uses.

Churches, Temples and Synagogues.

3.603 Conditional Uses.

Up to two dwelling units may be located above any first floor designation for business uses.

3.604 Site and Structure.

Minimum Lot Area and Lot Width - Nonresidential.

Every structure shall be located on a lot not less than five thousand (5,000) square feet in area with a minimum width of fifty (50) feet at the Building Setback Line.

Minimum Lot Area and Lot Width - Residential.

Every Dwelling shall be located on a lot not less than five thousand (5,000) square feet with a minimum width of fifty (50) feet at the Building Setback Line.

When a residential use is combined with any Permitted or Conditional Use in the C-1 Neighborhood Commercial District, the following minimum areas shall be added to the required area for the nonresidential use:

One-Dwelling Unit - Fifteen hundred (1,500) square feet.

Two Dwelling Units - Twelve hundred (1,200) square feet per dwelling unit.

Minimum Yards Required.

Front Yard - The front yard or Building Setback Line shall conform to the average building lines in a developed block, but in no capacity shall it be less than ten (10) feet from the property line. On corner or through lots, the required front yard will be provided on both streets.

Side Yard - There shall be two side yards, one on each side of the building, having a minimum width of three (3) feet as measured from the structure to the adjacent lot line.

Rear Yard - No rear yard is required for nonresidential uses. A rear yard shall be provided when residential uses are located above the first floor, such yard being not less than twenty (20) feet in depth.

Building height - No building or structure shall exceed thirty-five (35) feet in height.

Maximum Lot Coverage.

The lot coverage of all principal and accessory buildings shall be greater than fifty (50) percent of the total area of the lot. Parking and landscape requirements must be met in all instances which may result in less than maximum lot coverage in some instances.

(Ord. No. 17:05/00, § I, 5-23-2000)

Sec. 3.7. - C-2 Highway Commercial District.

3.701 Purpose.

The purpose of the C-2 Highway Commercial District is to provide areas for a wide variety of commercial and business uses that are intense and oriented to the automobile. Highway commercial uses require a conspicuous and accessible location convenient to streets carrying large volumes of traffic. These uses should include the retailing of major goods and services, general office facilities and public facilities which serve the community rather than individual neighborhoods. Orientation and expansion of this district should occur as an increase in depth rather than in width along the street frontage.

3.702 Permitted uses.

Only the following permitted uses shall be allowed in the C-2 Highway Commercial District and no structure or land shall be devoted to any use other than those listed hereunder:

Retail and Service.

Any use permitted in the C-1 Neighborhood Commercial District.

Automotive Service Stations, Centers and Sales.

Automotive Parts Shops.

Business College or Business Schools.

Catering Establishments.

Commercial Recreation.

Department Stores.

Convenience Stores.

Drive-in Restaurants.

10.

Drive-in Banks.

11.

Funeral Homes and Mausoleums.

12.

Indoor Recreations Establishments, such as bowling alley, skating rinks and movie theaters.

13.

Instruction of Fine Arts.

14.

Mobile Home Sales.

15.

Passengers Transportation Terminals.

16.

Physical Culture and health Establishments.

17.

Enclosed plumbing, electrical and home building supply showroom and sales centers with associated assembly processes.

18.

Printing, lithography and publishing establishments.

19.

Public or Private Auditoriums.

20.

Restaurants and Restaurants with Lounges.

21.

Wholesale merchandise broker, excluding wholesale storage.

22.

Drug Stores.

23.

Dry Cleaning, Laundries and Self-Service Laundries.

24.

Food Stores.

25.

Liquor Stores.

26.

Car Wash.

27.

Limited completely enclosed Light Welding Shops of three thousand (3,000) square feet or less with no outdoor storage.

28.

Day Care Home.

29.

Day Care Center.

30.

Mini Storage Warehouses.

(Ord. No. 05:07/94, § 1, 7-12-1994; Ord. No. 05:07/94, § 1, 7-12-1994)

Offices.

Any private office use which is permitted use in the C-1 District.

Medical Clinics of ten (10) or less Doctors.

General, multi-use office buildings of less than forty thousand (40,000) square feet.

Residential Uses.

Hotels and Motels of one hundred fifty (150) or less rooms.

Apartment-Hotels.

Miscellaneous.

Post Office.

Radio and Television Studios and Broadcasting Stations.

Clubs, Lodges, Fraternal and Religious Institutions, Meeting Halls.

Public Service Facilities, including electric distributing substations, fire or police stations, telephone exchange and similar use.

Veterinary Clinics.

Outdoor Advertising (Billboards).

3.703 Conditional uses.

Conditional uses are prohibited in the C-2 Highway Commercial District.

3.704 Site and Structure.

Minimum Lot Area and Lot Width.

Every structure shall be located on a lot not less than ten thousand (10,000) square feet in area with a minimum width of eighty (80) feet.

Minimum Yards Required.

Front Yard - The front yard of Building Setback Line shall conform to the average building lines in a developed block, but no case shall it be less than ten (10) feet from the property line. On corner or through lots, the required front yard will be provided on both streets.

Side Yard - No side yard will be required except as outlined under Section 3.705 or when common or party wall adjoins buildings on two zoning lots. However, if a side yard is provided it must be a minimum of three (3) feet in width.

Rear Yard - No rear yard will be required except as outlined under section 3.705. However, if a rear yard is provided it must be a minimum of three (3) feet.

Maximum Lot Coverage.

The lot coverage of all principal and accessory buildings shall not be greater than fifty (50) percent of the total area of the lot. Parking and landscape requirements must be met in all instances which may result in less than maximum lot coverage in some instances.

3.705 Transitional yards.

Where a C-2 Highway Commercial District adjoins a residential district, transitional yards shall be provided in accordance with the following regulations:

Where lots in a C-2 District front on a street and at least eighty (80) percent of the frontage directly across the street between two (2) consecutive intersecting streets is in a residential district, the Building Setback Line of the residential district shall apply to the lots in the commercial district.

In a C-2 District, where a side lot line coincides with a side or rear lot line of property in an adjacent residential district, a yard shall be provided along such side lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this ordinance for a residential use on the adjacent property in the residential district.

In a C-2 District, where a rear lot line coincides with a rear or side lot line of property in an adjacent residential district a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum rear yard which would be required under this ordinance for a residential use on the adjacent property in the residential district.

In a C-2 District, where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in a residential district, a yard equal in depth to the minimum setback required by this Ordinance on such adjacent lot in the residential district shall be provided along such front or side lot line for a distance of at least twenty-five (25) feet, including the width of any intervening alley from such lot in the residential district.

(Ord. No. 05:07/94, § I, 7-12-1994; Ord. No. 17:05/00, § I, 5-23-2000)

Sec. 3.8. - C-PL Planned Commercial District.

3.801 Purpose.

The purpose of the C-PL Planned Commercial District is to provide for high intensity of commercial development which includes a mix of commercial office and miscellaneous service establishments. This district is located at the intersection of a limited access highway and a major arterial street, or along a limited access highway service road. Because the C-PL District serves a number of communities, the impact of any proposed development must be evaluated with regard to traffic circulation and surrounding land use.

3.802 Permitted uses.

When application is made for a special permit for the C-PL District, a list of proposed uses shall be submitted. Permitted uses will be determined by the Department of Planning and Development on a case-by-case basis but shall generally include the following:

Any use permitted in the C-1 or C-2 Districts.

Hotels, Motels and Convention Centers.

High-rise Office and Residential Buildings.

Amusement Parks, Golf Courses and similar recreation facilities.

Public Utility Facilities.

Shopping Malls.

Parking lots and decks.

Lounges, Nightclubs and Bars.

3.803 Procedure and regulations.

Preliminary Application.

After the proposed uses of land have been approved for a tract of land not less than one and one half (1½) acres in area, the applicant will be required to submit a tentative development plan which will include the following information:

(Ord. No. 01:01/94, § 1, 1-1-1994)

A Sketch Plan which indicates the areas to be developed for buildings, the anticipated total gross floor space, the areas to developed for parking and the points of ingress and egress.

Application Review.

Upon receipt of the report of the Planning Commission the Board of Mayor and Selectmen plan and issue or deny a special permit in accordance with the provisions of this section.

The special permit will be conditional on the submission of Final Development Plan within twenty-four (24) months of the issuance of the special permit.

Final Development Plan.

The Final Development Plan shall include the following information:

Architect's sketches of the proposed buildings and landscaping.

A schedule of construction, including the anticipated completion date.

A statement of all the ownership and beneficial interests in the proposed planned commercial center.

A statement of the proposed types of businesses and land uses and of the general market area to be served by the development.

Approval and Issuance of Permit.

If the Final Development Plan conforms to the tentative development plan the Mayor and Selectmen may approve the issuance of a special permit by the [code] inspector upon submission to the office of Safety and Permits the approved Final Development Plan.

Revocation of Special Permit.

All time schedules shall relate back to the date when the special permit issued. The Board of Mayor and Selectmen may request written reports on progress of the development at any time, and may extend any time limit provided that each extension does not exceed twelve (12) months. If the Board of Mayor and Selectmen become satisfied at any time that the persons issued the development permit have abandoned the proposed commercial center the permits issued may be revoked at a public hearing. Written notice of said hearing shall be sent to the persons holding the permit.

Conformity.

No building permit shall be issued contrary to the provisions of the City Land Use Regulations and all other ordinances, rules and regulations of the City. The use and development of the tract of land as a planned commercial center shall conform, as nearly as practicable, to the special permit issued and to Final Development Plan as approved. No building permit, certificate of occupancy, or other permit shall be issued unless the building or improvement conforms to the special permit issued and to the Final Development Plan as approved. Additionally, an adequate agreement, contract and bond must be deposited with the City to guarantee the installation of the required water, sewer, street paving, curb and gutter, alley paving, sidewalks, street signs and street lighting facilities.

3.804 Site and structure regulations.

Minimum Lot Area.

The minimum area for each C-PL District shall be not less than one and one half (1½) acres. The minimum allowable width for each District site shall be two hundred (200) feet, which must front a major arterial or service road or a controlled access freeway. In addition, each site must also have a frontage width of not less than two hundred (200) feet on a minor arterial.

(Ord. No. 01:01/94, § 2, 1-1-1994)

Front, Side, and Rear Yards.

No building or structure shall be within fifty (50) feet of the right-of-way of any arterial highway and no roadway or parking shall be erected or maintained within twenty-five (25) feet of the outside edge of the nearest paved traffic lane of any arterial highway.

No building shall be erected within fifty (50) feet of any residential boundary line and a buffer strip not less than twenty-five (25) feet wide shall be provided along any residential boundary line abutting and boundary line of a C-3 District. Such buffer strip shall be sodded, planted and shrubbed in such a manner as to form a green belt.

All setbacks apply to structures of forty-five (45) feet in height or less and setback requirements shall increase one (1) foot for each two (2) feet in building height over forty-five (45) feet.

Maximum Lot Coverage.

Not less than twenty-five (25) percent of the gross area of the District shall be common open space. Each zoning lot in the District must have not less than thirty (30) percent of the footprints of all buildings on the lot devoted to private open space, except that the amount of private open space may be reduced below the required thirty (30) percent if the equivalent amount of private open area is provided as common open area contiguous to the same lot.

Off-Street requirements.

Off-street parking and loading zones shall be provided as put forth in Section 3.14 except that there shall be at a minimum five (5) spaces for every one thousand (1000) square feet of gross floor area for the entire zoning district.

3.805 District standards.

Design.

A Planned Commercial Center shall be laid out and developed as a unit in accordance with an integrated overall design. The location, arrangement, size and number of buildings, parking areas, walks, lighting, signs and appurtenant facilities shall be adjusted to the surrounding land use, and any part of a planned business center not used for buildings, other structures, parking and loading areas, or access ways shall be landscaped with grass, trees, shrubs, or pedestrian walks.

Environmental Quality.

Flood Zones - Construction of any structures or alteration of land which occurs in the 100-year flood zone as established by the Federal Emergency Management Agency shall require approval from the [code] inspector prior issuance of a building permit.

(Ord. No. 17:05/00, § I, 5-23-2000)

Sec. 3.9. - I-1 Light Industrial District.

3.901 Purpose.

The I-1 District is intended for light manufacturing, processing, storage and warehousing, wholesaling and distribution. This district should have efficient access to major transportation routes and should be located to maximize safety and minimize infrastructive [infrastructure] costs to local government. Service and commercial activities relating to the character of the district and supporting its activities are permitted. Regulations are intended to prevent or reduce friction between uses in this district and also to protect nearby residential and commercial district[s].

3.902 Permitted uses.

Only the following permitted uses shall be allowed in the I-1 District and no structure or land shall be devoted to any other use other than those listed hereunder:

Those light manufacturing uses listed below, conducted in enclosed buildings, which do not create any danger to health and safety in surrounding areas and which do not create any offensive noise, vibration, smoke, dust, lint, odor, heat or glare are specifically permitted in the I-1 District.

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

Packaging and processing of pre-manufactured items.

Manufacture of computer and high technology items.

Manufacture of ceramic products.

Wholesaling, warehousing, storage or distribution establishments, cold storage or refrigeration plants.

Printing, lithographing, publishing or similar establishments.

Outdoor storage yards and lots and contractors' storage yards, provided such outdoor storage yards shall not be located closer than fifteen (15) feet to any public street and shall be screened by a six (6) foot high sight opaque screen of living (seventy percent (70%) opaque) or nonliving (one hundred percent (100%) opaque) material; and providing further that this provision shall not permit wrecking yards or yards used in whole or in part for a scrap or salvage operation.

Retail and repair establishment for the sale and/or repair of new and used automobiles, motorcycles, trucks and tractors, mobile homes, boats, automotive parts and accessories (but not junk or automotive wrecking yards), heavy machinery and equipment, farm building supplies, monuments and similar uses.

Service establishments catering to commerce and industry including professional office, linen supply, freight movers, communication services, business machine services, canteen services, restaurant (including drive-in and fast food restaurants), hiring and union halls, employment agencies, sign companies, automotive service and/or truck stops, and similar uses.

Medical clinics only in connection with industrial activity.

Miscellaneous uses such as express office, sign painting shop, parcel delivery service, telephone exchange, commercial parking lots and parking garages, motorbus or truck or other transportation terminal, and related uses.

Radio and television stations and relay transmitters, motion picture studios.

Laboratories, research, experimental or testing centers.

Plant nurseries.

Utility facilities such as electrical substations, telephone switching facilities and the like.

Residence for security guard or caretaker employed on the premises.

Outdoor Advertising (Billboards).

Ornamental Ironworks and similar light welding facilities with outdoor storage, provided however that the storage is screened from public view.

3.903 Conditional uses.

The following uses are conditional in the I-1 Light Industrial District.

Hotel, motel or motor lodge if located in a district of thirty-five (35) acres or more.

Gasoline service station.

Day care centers.

Recreational facilities.

General office buildings.

3.904 Prohibited uses and structures.

Dwelling units except as provided under accessory and conditional uses, hospital or clinics (except clinic in connection with industrial activity) nursing home and similar uses, private or public yards or lots for scrap or salvage operations or for process, storage, display or sale of any scrap or salvage.

Wrecking yards (including automotive wrecking yards) and junkyards.

Chemical, paints, and fertilizer manufacturing.

Explosives manufacturing or storage.

Paper and pulp manufacturing.

Petroleum refining.

Landfills for the disposal of solid wastes, hazardous, and/or toxic substances.

All other uses not permitted herein.

Disposal and/or permanent storage of Hazardous Waste.

3.905 Site and structure provisions.

Minimum Lot Area.

The lot area of each zoning lot shall not be less than ten thousand (10,000) square feet.

Minimum Area Regulations.

Minimum Lot Width - The lot width of each zoning lot shall not be less than eighty (80) feet.

Front Yard - Front building lines shall conform to the average building lines established in a developed block. In all cases, this front building line shall be set back a minimum of twenty-five (25) feet plus one foot for every foot in height over thirty-five (35) feet.

Side and rear yards - No side or rear yard is required where party walls exist. If there are no party walls, a minimum side or rear yard of five (5) feet is required. Where a lot adjoins any nonindustrial zoning district, front yard requirements shall apply to side and rear yards.

Maximum Lot Coverage.

A minimum of thirty percent (30%) of each zoning lot/district shall be retained as open space, including landscaped areas.

Height Regulations.

No building or structure shall exceed forty-five (45) feet in height above [sic].

Off-Street Parking and Loading Requirements.

Off-street parking and loading shall be provided as put forth in Section 3.14.

Sec. 3.10. - I-PL Planned Industrial.

3.1001 Purpose.

The purpose of the Planned Industrial District is to provide a district for which an overall development plan must be submitted and a special permit must be granted prior to development of the tract.

3.1002 Permitted uses.

When application is made for a special permit for the I-PL District, a list of proposed uses shall be submitted. Permitted uses will be determined by the Department of Planning and Development on a case-by-case basis.

3.1003 Procedure and regulations.

Preliminary Application.

A site plan which indicates the areas to be developed for buildings, the anticipated total gross floor space, the areas to be developed for parking and the points of ingress and egress.

Application Review.

Upon receipt of the report of the Planning Commission the Board of Mayor and Selectmen may vote to approve or disapprove the tentative site plan and issue or deny a special permit in accordance with the provisions of this section.

The special permit will be conditional on the submission of a Final Development Plan within twenty-four (24) months of the issuance of the special permit.

Final Development Plan.

The Final Development Plan shall include the following information:

Architect's sketches of the proposed buildings and landscaping.

A schedule of construction, including the anticipated completion date.

A statement of all the ownership and beneficial interests in the proposed planned industrial center.

A statement of the proposed types of businesses and land uses and of the general market area to be served by the development.

Approval and Issuance of Permit.

If the Final Development Plan conforms to the tentative development plan, the Mayor and Selectmen may approve the issuance of a special permit by the [code] inspector upon submission to the office of Safety and Permits the approved Final Development Plan.

Revocation of Special Permit.

All time schedules shall relate back to the date when the special permit was issued. The Board of Mayor and Selectmen may request written reports on the progress of development at any time, and may extend any time limit, provided that each such extension does not exceed twelve (12) months. If the Board of Mayor and Selectmen become satisfied at any time that the persons issued the development permit have abandoned the proposed industrial development, the permits issued may be revoked at a public hearing. Written notice of said hearing shall be sent to the persons holding the permit.

Conformity.

No building permit shall be issued contrary to the provisions of the City Land Use Regulations and all other ordinances, rules and regulations of the City. The use and development of the tract of land as a planned industrial center shall conform, as nearly as practicable, to the special permit issued and to Final Development Plans as approved. No building permit, certificate of occupancy, or other permit shall be issued unless the building or improvement conforms to the special permit issued and to the Final Development Plan as approved. Additionally, an adequate agreement, contract and bond must be deposited with the City to guarantee the installation of the required water, sewer, street paving curb and gutter, alley paving, sidewalks, street signs and street lighting facilities.

Sec. 3.11. - S-O Special Use Overlay District.

3.1101 Purpose.

The purpose of a Special Use Overlay District is to enable the Planning Commission and City of McComb City, Mississippi, to establish zoning districts for specific land uses in accordance with the following procedure and regulations. All Special Use Districts shall adhere to the regulation imposed for like categories or functions under this Land Use Regulation Ordinance.

3.1102 Types of districts.

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

SOM - Medical Complex District: To include activities such as hospitals, public health centers, nurses training facilities, pathology laboratories, doctors' clinics and offices, extended care and nursing facilities, dental clinics and offices, and other closely related and compatible uses.

Minimum Lot Area and lot width - nonresidential. Every structure shall be located on a lot not less than five thousand (5,000) square feet in area with a minimum width of fifty (50) feet at the Building Setback Line.

Minimum Yard required.

Front Yard - The front yard or Building Setback Line shall conform to the average building lines in a developed block, but in no case shall it be less than ten (10) feet from the property line. On corner or through lots, the required front yard will be provided on both streets.

Side Yard - There shall be two side yards, one on each side of the buildings, having a minimum width of three (3) feet as measured from the structure to the adjacent lot line.

Rear Yard - No rear yard is required for nonresidential uses. A rear yard shall be provided when residential uses located above the first floor, such yard being not less than twenty (20) feet in depth.

Building height - No building or structure shall exceed thirty-five (35) feet in height.

(Ord. No. 13:08/92, § 1, 8-25-1992)

SOE - Educational District: To include activities such as grade schools, secondary schools and colleges, auditoriums, libraries, recreational facilities, and other closely related and compatible use.

SOP - Public District: To include municipal functions and services such as city hall, county courthouse, fire [division], police [division], post office, public utilities, public parking complexes, and other closely related and compatible use. Active and passive recreational activities such as neighborhood centers, parks and playgrounds, swimming pools, picnic areas, and other closely related and compatible uses shall also be a part of this district.

SMU - Mixed Land Use District: To include properties which will not be subdivided into the customary lots and blocks, or where the existing or contemplated street and lot layout make it impracticable to apply requirements of this ordinance to the individual buildings in such developments. The application of the specific requirements of this ordinance to mixed-use developments may be waived by the Planning Commission and recommended for approval by the Board of Mayor and Selectmen, provided the proposed development shall be of such manner as to be in harmony with the character of the neighborhood. The Board of Mayor and Selectmen shall not authorize a mixed-use development without prior approval of the Planning Commission.

SFP - Floodplain Overlay District: The Floodplain District Overlay is established to permit certain nonintensive uses in areas which are subject to periodic flooding and to protect such areas from adjacent developments except where adequate measures are taken to protect these uses from flooding. The regulations set forth shall apply to property located in the 100-year floodplain as delineated by the Federal Emergency Management Agency (FEMA) on the Flood Insurance Rate Maps (FIRM) for the City of McComb City and Pike County.

(Ord. No. 17:05/00, § I, 5-23-2000)

SCD - Central Business District is established to include retail and wholesale activities, Planned Industrial uses and adjusted density residential uses.

Permitted Uses: The following permitted uses are provided to codify and clarify zoning requirements for the SCD. Any proposed use for existing buildings or proposed new construction that is not listed below is prohibited unless approved by the Planning Commission and the City of McComb City Board of Mayor and Selectmen. At the discretion of the City of McComb, a special conditional use may be granted for any new building or renovation projects that do not comply with the following list of approved uses.

Office and Professional Uses.

Accountant Offices

Architecture or Engineering Offices

Doctor, Dentist or Chiropractor Offices

Financial Services Offices

Insurance Offices

Interior Decorating Offices

Law Offices

Real Estate Offices

Other Professional Offices

Retail and Service Uses.

Antique Shop

Art Studio

Arts/Crafts

Art Gallery

Bakery

Bank/Financial Institution

Barber[shop]/Beauty Shop

Bookstore

Cellular Service Center

10.

Convenience Store (no gasoline sales)

11.

Clothing Store

12.

Dance Studio

13.

Delicatessen

14.

Electronics Store

15.

Florist

16.

Gift Shop

17.

Hobby Shop

18.

Ice Cream Shop

19.

Interior Furnishing Shop

20.

Jewelry Store

21.

Music Studio

22.

Music Store (instruments, literature, media)

23.

Photography Shop and/or Photography Studio

24.

Restaurant

25.

Shoe Store and/or Shoe Repair Shop

26.

Stationery Store

27.

Sundries Store

28.

Toy Store

29.

Utility Collection Office

Miscellaneous Uses.

Churches

Residential Uses - In Existing Buildings.

Multifamily Dwelling Units

Single-Family Dwelling Units

Residential Uses-In New Building Development: Requires approval of Planning Commission and Board of Mayor and Selectmen.

(Ord. No. 02:03/04, § I, 3-9-2004; Ord. No. 11:10/04, § I, 10-12-2004)

(Reserved).

Minimum Yards Required.

New Construction: Front, side and rear yard setbacks will be established by the City of McComb based upon previously established setback at adjacent properties.

(Ord. No. 02:03/04, §§ I, III, 3-9-2004; Ord. No. 11:10/04, § I, 10-12-2004)

Side Yard - There shall be two side yards, one on each side to the building, having a minimum width of three (3) feet as measured from the structure to the adjacent lot line.

Rear Yard - No rear yard is required for nonresidential uses. A rear yard shall be provided when residential uses are located above the first floor, such yard being not less than zero (0) feet in depth.

Building height - No building or structure shall exceed thirty-five (35) feet in height.

Parking Requirements:

For new developments in new and existing buildings, parking requirements will be established by the City of McComb.

(Ord. No. 02:03/04, § I, 3-9-2004; Ord. No. 11:10/04, § I, 10-12-2004)

Special Requirement.

Proposed new construction shall be compatible with adjacent structures and subject to review and approval by the Planning Commission.

(Ord. No. 13:08/92, 8-25-1992, § 1; Ord. No. 02:03/04, § I, 3-9-2004)

3.1103 Procedure and regulations for establishing Special Use Overlay District.

Preliminary Application.

After the proposed uses of land have been approved for a tract of land not less than two (2) acres in area, the applicant will be required to submit a tentative development plan which will include the following information:

A tentative site plan which indicates the area to be developed for buildings, the anticipated total gross floor space, the area to be developed for parking and the points of ingress and egress.

Application Review.

When the tentative site plan is submitted to the Department of Planning and Development it will be reviewed by the Director and referred to the Planning Commission. The Planning Commission will report to the Board of Mayor and Selectmen within 30 days of the date of referral.

The special permit will be conditioned on the submission of a Final Development Plan within twenty-four (24) months of the issuance of the special permit.

Final Development Plan.

The Final Development Plan shall include the following information:

Architect's sketches of the proposed buildings and landscaping.

A schedule of construction, including the anticipated completion date.

A statement of all the ownership and beneficial interests in the proposed Special Use Overlay District.

A statement of the proposed types of businesses and land uses and of the general market area to be served by the development.

Approval and Issuance of Permit.

Revocation of Special Permit.

All time schedules shall relate back to the date when the special permit was issued. The Board of Mayor and Selectmen may request written reports on the progress of the development at any time and may extend any time limit provided that each such extension does not exceed twelve (12) months. If the Board of Mayor and Selectmen become satisfied at [any] time that the persons issued the development permit have abandoned the proposed development in a Special Use Overlay District, the permits issued may be revoked at a public hearing. Written notice of said hearing shall be sent to the persons holding the permit.

Conformity.

No building permit shall be issued contrary to the provisions of the City Land Use Regulations and all other ordinances, rules and regulations of the City. The use and development of the tract of land as a Special Use Overlay District shall conform, as nearly as practicable, to the special permit issued and to Final Development Plans as approved. No building permit, certificate of occupancy, or other permit shall be issued unless the building or improvement conforms to the special permit issued and to the Final Development Plan as approved. Additional, an adequate agreement, contract and bond must be deposited with the City to guarantee the installation of the required water, sewer, street paving, curb and gutter, alley paving, sidewalks, street signs and street lighting facilities.

3.1104 District standards.

All proposed Special Use Districts shall follow the procedures for subdivision approval even though the ownership of land may not be divided. The tentative and final plans must be approved by both the Mayor and Selectmen and the Planning Commission. The district shall be developed according to the approval of the Final Plan. Building permits and certificates of occupancy shall be required for each building according to Article 4 of the Land Use Regulation Ordinance.

All Special Use Districts shall:

Contain a minimum of two (2) acres, except for an expansion of an existing Special Use District.

Be compatible with adjacent land use.

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

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

(Ord. No. 13:08/92, § 3, 8-25-1992; Ord. No. 17:05/00, § I, 5-23-2000)

Sec. 3.12. - Nonconforming uses.

3.1201 Any building existing at the time of enactment or subsequent amendment of this ordinance which is not in conformity with its provision may be continued with the following limitations. Any building which does not conform with this ordinance may not be:

Changed to another nonconforming use.

Re-established after discontinuance for one (1) year.

Extended except in conformity to this ordinance.

Rebuilt after damage exceeding one-half (½) of its fair sales value immediately prior to damage.

3.1202 Any use not enclosed within the confines of a building (such as junkyards, lumber yards, pipe yards) which exists at the time of enactment or subsequent amendment of this ordinance, but is not in conformity with its provisions, may be continued no longer than two (2) years after the enactment of this ordinance. However, such uses may be continued for longer than two (2) years if they are enclosed and screened from view by walls, fences or planting of not less than six (6) feet in height, in a manner prescribed by the Planning Commission.

Sec. 3.13. - Supplementary district regulations.

3.1301 Sight Distance Lines at Intersections.

The following statements are definitions of the sight distance area.

Sight triangle at intersections of two public streets: On any corner lot, a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 25 feet along said front and side lot lines and connecting the points so established to form a sight triangle on the area of the lot adjacent to the street intersections.

Sight triangle at the intersection of a public street and a private accessway: Except for single-family residential accessways, the sight triangle shall have sides of fifteen (15) feet along the accessway and twenty-five (25) feet along the public street.

Sight Obstructions: No parking, wall, fence, sign, structure or any plant growth other than grasses shall be placed or maintained within the sight distance area so as not to impede vision between a height of two and one half (2½) feet and ten (10) feet above the center line grades of the intersecting streets and/or drives.

3.1302 Fences, walls and hedges.

There shall be a five foot minimum high solid fence and/or a (10) foot wide planted strip predominantly containing plants, trees and shrubs so planted and maintained as to provide a screen along all lot lines adjoining residential purposes or if the adjoining lot contains a residential use on the first floor level regardless of the zone.

(Ord. No. 16:11/90, 11-27-1990)

3.1303 Signs in the public rights-of-way and flashing signs.

In all zoning districts, private signs are prohibited within the public right-of-way of any street. Any sign erected or placed within the public right-of-way shall be removed within five (5) working days of written notification by certified mail, return receipt requested, sent by the [code] inspector. If the person owning or responsible for placement or erection of the sign(s) fails to remove such sign(s) within five (5) working days the Department of Public Works may remove the sign(s) at owners or responsible parties expense.

No revolving or rotating beam, beacon of light, or internally illuminated sign which flashes, blinks, or changes in color or intensity shall be used upon the public right-of-way or upon private property so that it is visible from the public right-of-way (with the exception of traffic control lights and those lights temporarily set in place as emergency warning lights).

No exposed reflective-type bulbs and no strobe lights, fluorescent, or incandescent lights exceeding fifteen (15) watts shall be used on the exterior surface of any sign so as to expose the face of the bulb, light or lamp to any public street or adjacent property.

Any light or sign [in] violation of this ordinance shall be removed within five (5) days of written notification by certified mail, return receipt requested, to be sent by the [code] inspector. If the person owning or responsible for the placement of the sign(s) fails to remove such sign(s) or light(s) within five (5) days the Department of Public Works may remove or disconnect the sign(s) at the owners, or responsible parties expense. Any person who violates this ordinance shall be guilty of a misdemeanor, and upon conviction, shall be punished with a fine of not less than five hundred dollars ($500.00), or be [by] imprisonment for not more than thirty (30) days, or both.

The [code] inspector is hereby authorized to enforce all provisions of this ordinance, which shall include the authority to remove or disconnect from electrical power all said violating signs as provided for in this ordinance.

All signs being placed upon the public right-of-way in violation of this ordinance may be confiscated as a danger to the health and safety of the public after notice herein provided for.

Screening.

There shall be a six (6) foot high solid fence or a ten (10) foot wide planted strip predominantly containing plants, trees and shrubs so planted and maintained as to provide a screen along all lot lines adjoining residential purposes or if the adjoining lot contains a residential use on the first floor level regardless of the zone.

3.1304 Land rehabilitation.

In all districts where temporary and/or commercial extraction of dirt, soil, clay, sand, gravel or earth may take place according to this ordinance, all excavations must be graded or backfilled.

Backfilling of excavations shall be made with nonnoxious, nonflammable, noncombustible soils; the graded or backfilled area shall not collect and permit stagnant water to remain thereon; the peaks and depressions of the area shall be reduced to a surface which will result in a gently rolling topography in substantial conformity to the land area immediately surrounding in order to minimize erosion due to rainfall; such graded or backfilled area shall be sodded or surfaced with soil of a quality at least equal to the topsoil of the land area immediately surrounding and to a depth of not less than the depth of the topsoil on surrounding land; such topsoil shall be planted with trees, legumes, or grasses, upon the parts of such area where revegetation is possible.

3.1305 Closed landfills/dumps.

Identification.

Owners and/or operators of closed landfills/dumps must provide the following information to the Planning Commission:

Site location and size.

Legal description.

Type of waste.

Topography and soil type at site.

The Planning Commission shall identify and map all closed landfill/dumps and retain a file on each site.

Inspection.

The Department of Public Works shall inspect each identified landfill/dump to verify that it is no longer [in] operation and that there are no hazardous situations, such as the generation of methane gas, existing.

Public Availability of Records.

A citywide map showing the location and pertinent information of each closed site will be displayed in the Department of Inspections and Zoning Office, the Department of Public Works Office and other appropriate public areas.

Recording Information on Plans.

Any person subdividing land containing a closed landfill/dump will show its location and condition to the Planning Commission and the Board of Mayor and Selectmen for approval.

3.1306 General requirements for yards and open space.

Every part of a required yard area shall be open to the sky except as follows:

Where accessory buildings are specifically permitted in a rear or side yard under these regulations.

A roof, gutter, eave, fixed awning, marquee or canopy, attached to a building but having no other support, may project no more than five (5) feet into a required front, side or rear yard, if a minimum distance of two (2) feet remains open to the sky between the farthest projection and the lot lines.

A canopy or marquee shall be permitted to extend from the entrance door of any church, school, college, hospital, sanitarium, public building, or educational, religious, or philanthropic institution in any district, or from the entrance door of any main building in multiple-family residential, commercial, or industrial district. Where a sidewalk and curb exist, the canopy or marquee may extend to within eighteen (18) inches of the curb line. Such canopies or marquees shall not exceed fifteen (15) feet in width or twelve (12) feet in height or be screened or enclosed in any manner and shall provide an unobstructed, clear space between the grade and the bottom of the valance of at least seven (7) feet.

Movable awnings may be placed over doors or windows in any required yard, but such awnings shall not project closer than two (2) feet to any lot line or be vertically supported.

Where these regulations refer to side streets for corner lots, the side street will normally be the street along which the corner lot has its largest dimensions, but the Director of Inspections and Zoning may be guided by the pattern of development in the vicinity of the lot in question in determining which of the two streets is the side street.

More than one main building may be located upon a zoning lot or tract in the following instances:

Institutional buildings.

Public or semipublic buildings.

Multiple-family dwellings.

Commercial or industrial buildings.

Homes for the aged, nursing homes, convalescent homes, and orphans homes.

The provisions of this exception shall not be construed to allow the location or erection of any main building or portion of a main building outside of the buildable area of lot except as otherwise provided.

In the event that a lot is to be occupied by a group of two or more related buildings to be used for residential purposes, there may be more than one main building on the lot when such buildings are arranged around a court; provided, that said court between buildings that are parallel or within forty-five (45) degrees of being parallel, shall have a minimum width of thirty (30) feet for one-story buildings, forty (40) feet for two-story buildings, and fifty (50) feet for buildings of three (3) stories or more, and in no case, may such buildings be closer to each other than fifteen (15) feet.

Where a court is more than fifty (50) percent surrounded by a building, the minimum width of the court shall be at least fifteen (15) feet for one-story buildings, forty (40) feet for two-story buildings, and fifty (50) feet for three-story buildings. The width of such a court shall be increased by three (3) feet for each additional story over three (3) stories or each ten (10) feet of height over thirty-five (35) feet, whichever requires the greater width of court.

3.1307 Front yards.

Where a right-of-way has been established by the Mayor and Selectmen for the future widening or opening of a street upon which a lot abuts, then the depth of a front or side yard shall be measured from such official line to the building line.

Except as otherwise provided in these regulations, on through lots, the required front yard shall be provided on each street.

Where a lot is located at the intersection of two (2) or more streets, there shall be a yard of ten (10) feet on the side street, provided however, that said front yard on the side street need not exceed the average front yard established by other buildings in the block which fronts on the side street.

Open, unenclosed porches, raised platforms or raised paved terraces not covered by a roof or canopy, and which do not extend above the level of the first floor of a building, or a maximum of five (5) feet above grade may extend or project into the front or side yard not more than six (6) feet.

3.1308 Side yards.

For the purpose of the side-yard and lot frontage regulations, a two-family, three-family, or four-family dwelling, a group of townhouses, a multiple-family dwelling, electric substation, telephone exchanges, or telephone repeater structures for public utility purposes shall be considered as one building occupying one lot.

A carport, attached to or detached from the main building, may be constructed in a required side yard and may be attached to an enclosed accessory building provided that no wall of such accessory building is less than forty (40) feet from the front lot line nor less than three (3) feet from the side lot line; that every part of the projection of such carport is at least two (2) feet from the side lot line; that the combined length of such carport and accessory building does not exceed forty (40) feet; and that the height of such carport or accessory building does not exceed fourteen (14) feet. A carport attached to the main building shall be unenclosed on the street side and on the side nearest the side lot line; a carport detached from the main building shall be unenclosed on the street side and on both sides approximately paralleling the side lot line.

Where a side yard is not required, but is provided, such yard shall not be less than three (3) feet in width paralleling the side lot line.

3.1309 Rear yards.

Open or lattice-enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard are permitted for a distance of not more than five (5) feet.

Where a rear yard is not required, but is provided, such yard shall not be less than three (3) feet in width paralleling the rear lot line.

3.1310 Accessory buildings and structures.

Any accessory building may be built in a required side yard, providing such accessory building is not less than forty (40) feet from the front lot line nor closer than three (3) feet from the nearest interior side lot line. On through lots, an accessory building may be built in a required side yard if no part of such accessory building is less than three (3) feet from the nearest interior side lot line and no portion of such building is located in either required front yard.

Accessory buildings may be built in required rear yards, but such accessory buildings shall not occupy more than twenty-five (25) percent of the required rear yard.

Except as otherwise provided in this ordinance, accessory buildings or structures permitted in a required rear or side yard by this ordinance shall not exceed fourteen (14) feet in height.

Accessory buildings may project from the required rear yard into a required side yard or approximately parallel to an interior side lot line, provided no portion of the accessory building is located more than twenty-five (25) feet from the rear property line.

The combined gross area of all accessory buildings or portions thereof located in required side and rear yards shall not exceed twenty-five (25) percent of the required rear yard area, nor shall more than one accessory building cover any part of a required side yard.

Filling station pumps and pump islands, without canopies or with canopies attached to a main building, may occupy the required yards; provided, however, that pumps, pump islands, and canopies are not less than fifteen (15) feet from property lines.

Accessory swimming pools, open and unenclosed, may occupy a required rear or side yard provided the water's edge is not located closer than four (4) feet to a rear or interior side lot line. Adequate hand holding provisions shall be made for pool entry and exit. Every swimming pool shall be protected by a four (4) foot safety fence. A walk space at least three (3) feet in width shall be provided on two sides or fifty percent (50%) of the exterior of the pool, whichever is greater, between the pool walls and protective fences or barrier walls.

Permitted accessory storage of a boat or boat trailer shall not be conducted in a required front yard.

Power plants, heating or refrigerating plants or apparatus or machinery not a part of the main building and when accessory to permitted uses shall be permitted in the buildable area or required side or rear yards only when so placed and operated as to cause the least inconvenience to owners and tenants of adjoining lots and buildings; and provided that all of the above mentioned activities comply with existing City Building Codes and do not cause serious annoyance or injury to occupants of adjoining premises by reason of the emission of odors, fumes, or gases, dust, smoke, noise or vibration, light, glare, or other nuisances.

3.1311 Noncomplying uses - special use permit.

Cause for Permit - In extreme cases, where zoning renders an existing property unusable, the Planning Commission may recommend and the City may issue a "Special Use Permit" for said property under which a specific noncomplying use is approved for the property.

Procedure - Upon receipt of a request for special use permit along with a schematic plan indicating how the property is to be used (including building expansions, sitework and other pertinent information) and any additional information requested by the Planning Commission, a determination whether or not to hold a public hearing shall be made. No special use permit may be issued without a public hearing. The noncomplying use shall be one which is deemed to be appropriate and complimentary to the neighborhood and shall be as requested by the property owner or recommended by the Planning Commission and shall be published prior to the public hearing. After a public hearing, the Planning Commission shall make a recommendation to the City to approve or disapprove the permit. The City Board of Mayor and Selectmen shall make the final determination regarding the permit. The permit, if approved, shall specify the particular noncomplying use for which the property has been approved and shall establish any guidelines or other limits viewed as necessary to protect the interest of neighboring property owners.

(Ord. No. 03:06/91, 6-11-1991)

3.13.01 Purpose and Applicability.

(1)

The purpose and intent of this article is to:

(a)

Assist in providing adequate light and air;

(b)

Prevent erosion and siltation and aid in the absorption of air pollutants through conservation of trees and other vegetation;

(c)

Provide visual buffering and enhance the beautification of the City of McComb;

(d)

Safeguard and enhance property values and protect public and private investment;

(e)

Provide habitat for living things that might not otherwise be found in the urban environs; and, protect the quality of water resources from future degradation by maintaining vegetative cover and controlling disturbance of vegetation.

(2)

The requirements of this Part shall apply to all uses for which site plan approval is required by this Ordinance.

3.13.02 Protection of Trees in Commercial Developments.

(1)

Intent, It is the intent of this section to minimize the removal of protected trees in commercial developments. It is the further intent of this section to ensure that developers take reasonable measures to design and locate proposed improvements so that the number of protected trees that may be approved for removal is minimized. The design shall especially protect and preserve historic and specimen trees.

(2)

Protected trees.

(a)

The types of trees listed in the Table below are considered protected trees for the purpose of this Development Code.

LIST OF PROTECTED TREES

Minimum diameter: Eight inches

Butternut Hickory

Shagbark Hickory

Shellbark Hickory

Mockernut Hickory

Green Ash

Sycamore

Redbud

Black Gum (Tupelo)

White Oak

Red Oak

Post Oak

Willow Oak

Water Oak

Shumard

Sugar Maple

Red Maple

Pecan

Southern Magnolia

(b)

Unless exempt from the provisions of this section, no person shall remove or in any way damage any protected tree without first obtaining a permit from the Planning and Development Department.

(3)

Historic and specimen trees.

(a)

An historic tree is one that is designated by the City of McComb as being of notable historical interest and value due to its association with the physical and cultural development of the City of McComb. Upon identification of an historic tree, the City shall hold a public hearing for designation purposes and due notice provided to the owner of the tree.

(b)

A specimen tree is one that is designated by the City of McComb as being of high value due to its type, size, age and other relevant criteria. Upon identification of a specimen tree, the City shall hold a public hearing for designation purposes and due notice provided to the owner of the tree.

(c)

No historic or specimen tree shall be removed without finding by the City of McComb that the tree is a hazard or that it is not economically or practically feasible to develop the parcel without removing the tree.

(4)

Tree removal procedure. The procedures and standards for review of planned tree removal shall be as follows:

(a)

Site Plan requirements. Any person desiring to remove trees in connection with, or for the purpose of, the construction or development of a nonresidential development including any building addition or accessory building twenty-five percent (25%) or greater in size of the existing principal building on the site, shall first submit a site plan to the Planning and Development Department. The site plan required shall be sufficient to satisfy this requirement provided it contains the following additional information:

(i)

The site plan shall include the name, address, and telephone number of the land owner and his agent.

(ii)

Each site plan shall include a generalized tree survey based upon the most current available information. The survey shall show the approximate location, extent and type of protected trees upon the site, including common or scientific names of the major groups of trees. The survey shall indicate which protected trees are intended for removal and/or grubbing and which will be left undisturbed. For nonresidential and multifamily development, the survey may be in the form of an aerial or a field survey, and shall be accompanied by photographs illustrating areas of trees. If site development plans have been prepared, the survey shall be prepared to the same scale or in some other manner which clearly illustrates the relationships between areas of protected trees and proposed site improvements. If site development plans are available, the survey shall be prepared to a convenient scale which clearly reveals the extent of protected trees upon the site.

(iii)

The site plan and accompanying documents shall be submitted in copies sufficient to administer this review.

(iv)

The filing of a site plan shall be deemed to extend permission to the City of McComb Planning Department.

(b)

Review criteria. No site plan shall be approved authorizing the removal of a protected tree unless the developer/owner demonstrates one (1) or more of the following conditions:

(i)

A permissible use of the site cannot reasonably be undertaken unless specific trees are removed or relocated.

(ii)

The tree is located in such proximity to an existing or proposed structure that the safety, utility, or structural integrity of the structure is materially impaired.

(iii)

The tree materially interferes with the location, servicing or functioning of existing utility lines or services.

(iv)

The tree creates a substantial hazard to motor, bicycle, or pedestrian traffic by virtue of physical proximity to traffic or impairment of vision.

(v)

The tree is diseased, insect ridden, or weakened by age, abuse, storm or fire and is likely to cause injury or damage to people, buildings or other improvements.

(vi)

The removal of the tree is necessary to promote the growth of surrounding protected trees. Under this provision, the applicant must demonstrate a preference for protecting historic and specimen trees. Trees removed pursuant to this subsection are exempt from tree replacement requirements.

(vii)

Any law or regulation requires the removal.

(c)

Review procedures. The City of McComb Planning Department shall review each completed site plan and shall render a decision within fifteen (15) working days of acceptance. If no decision is made within the indicated time period, the site plan shall be deemed to have been approved in accordance with the information on the site plan. If the site plan is not approved, the Planning Department shall state in writing the reasons for denial and advise the applicant of any appeal remedies available. For good cause, the Planning and Development Department may request one extension from the applicant of an additional fifteen (15) working days in which to make a determination, provided the extension is requested prior to expiration of the initial fifteen-day period.

(5)

Replacement of removed trees.

(a)

Trees removed pursuant to the provisions of this ordinance shall be replaced at the expense of the developer/owner.

(b)

Each removed tree shall be replaced with a new tree(s) having a total tree caliper equivalent to that of the removed tree.

(c)

Single-trunk replacement trees shall be a minimum of 1½-inch diameter at a point 6 inches above the base and a minimum of six (6) feet in overall height.

(d)

A replacement tree may be a tree moved from one location to another on the site.

(e)

If the developer/owner demonstrates to the satisfaction of the Planning and Development Department that the site cannot accommodate the total number of required replacement trees as a result of insufficient planting area, the developer/owner shall provide the remaining replacement trees, of species approved by the city planner or an appropriate arborist, at the appropriate planting season to the City of McComb Public Works Department for placement on city or other public property in the City of McComb.

(f)

Any replacement tree, planted for credit, which dies within one (1) year of planting shall be replaced by a tree of a minimum of one and one-half (1½) inches in diameter and a minimum of ten (10) feet in overall height at the time of planting.

(6)

Protection of trees during development activities.

(a)

Generally, to assure the health and survival of protected trees that are not to be removed, the developer shall avoid the following kinds of tree injuries during all development activities:

(i)

Mechanical injuries to roots, truck, and branches;

(ii)

Injuries by chemical poisoning;

(iii)

Injuries by grade changes;

(iv)

Injuries by excavations; and

(v)

Injuries by paving.

(b)

Tree protection zone. A circular tree protection zone shall be established around each protected tree as follows:

(i)

If the drip line is less than six (6) feet from the trunk of the tree, the zone shall be that area within a radius of six (6) feet around the tree.

(ii)

If the drip line is more than six (6) feet from the trunk of the tree, but less than twenty (20) feet, the zone shall be that area within a radius of the full drip line around the tree.

(c)

Development prohibited within the tree protection zone. All development activities within tree protection zone) shall be prohibited within the tree protection zone provided for any protected trees, including any construction of, buildings, structures, paving surfaces, and storm water retention/detention ponds. All temporary construction activities shall also be prohibited within tree protection areas, including all digging, concrete washing, storage of construction material, and parking of construction vehicles.

(d)

Fencing of tree protection zone. Prior to the commencement of construction, the developer shall enclose the entire tree protection zone within a fence or similar barriers as follows:

(i)

Steel "I" posts shall be implemented in the ground deep enough to be stable and with at least five (5) feet above ground, (ii) The protective posts shall be placed not more than six (6) feet apart, and shall be linked together by a rope, chain, or highly visible woven fabric.

(iii)

During construction, each tree protection zone shall be clearly identified with two temporary signs that is [are] at least four (4) feet in height and at least 18 inches by twenty-four (24) inches in size.

(e)

Permitted activities within tree protection zone.

(i)

Utility excavation. Excavating or trenching by duly constituted utilities shall be permitted within the tree protection zone, except where the trees are historic or specimen, in which case utility lines shall be tunneled beneath tree roots in order to protect feeder roots.

(ii)

Sodding and ground cover. Placement of the sod or other ground covers and the preparation of the ground surface for such covers shall be permitted within the tree protection zone.

(7)

Parking reduction for preservation of protected trees.

(a)

A reduction of required parking spaces may be allowed by the Planning and Development Department when the reduction would result in the preservation of a significant tree with a trunk of twelve (12) inches in diameter or greater.

(b)

The reduction in required parking may be granted only if it will prevent removal of a significant tree that is located within the area of the site designed as a parking lot area. The reduction in required parking spaces shall not exceed the number of parking spaces required to prevent removal of protected trees, or the number in the following schedule, whichever is less.

Required Parking Spaces	Maximum Reduction
1—4	0
5—9	1
10—19	2
20 or more	10 percent

3.13.03. Parking Lot Landscaping and Screening.

(1)

Applicability.

(a)

Perimeter and interior landscaping requirements. The perimeter and interior parking lot landscaping requirements of this section shall apply to off-street parking facilities that:

(i)

Have ten (10) or more parking spaces; or

(ii)

Are designed to accommodate vehicles that are larger or smaller than automobiles and are over three thousand five hundred (3,500) square feet in area.

(b)

Perimeter landscaping requirements only. The perimeter parking lot landscaping requirements of this section shall apply to off-street parking facilities that:

(i)

Have five (5) to nine (9) parking spaces; or

(ii)

Are designed to accommodate vehicles that are larger or smaller than automobiles and are between one thousand seven hundred fifty (1,750) and three thousand five hundred (3,500) square feet in area.

(2)

Perimeter requirements. A 5-foot wide strip of land, located along the front property line adjacent to the street right-of-way and along all common property lines shall be landscaped. The sidewalk width shall not be counted measuring the perimeter landscape strip,

(a)

Landscape materials. One (1) tree for each fifty (50) feet of linear frontage, or portion thereof, along the right-of-way shall be preserved or planted. Trees planted to meet this requirement shall measure a minimum of 2 inches in diameter at breast height. Twenty percent (20%) of the required landscaping area shall be covered by evergreen shrubs or plants when higher density residential uses are being developed or expanded adjacent to lesser density residential uses that have a minimum mature girth of one and one-half (1½) feet. The remaining area within the perimeter strip shall be landscaped with other landscape materials. A maximum of 20 percent (20%) of the perimeter strip may be covered with cedar chips, gravel, or other nonliving materials.

(b)

Landscape Design. The required trees and shrubs may be clustered or grouped in a natural arrangement within the landscaped area. Depending on the size and spacing of the selected pallet of trees, trees may be located outside of, but adjacent to the landscaped area. Other areas may be included to achieve a specific design intent.

(c)

Corner visibility. Trees and other landscaping required in the perimeter strip shall be maintained to assure unobstructed corner visibility.

(3)

Interior Planting Requirement.

(a)

General requirements. At least eight (8) percent of the gross area of the interior parking lot area shall be landscaped. Interior planting areas are to be located within or adjacent to the parking area as tree islands, at the end of parking bays, inside seven (7) foot wide or greater medians, or between rows of cars or as part of continuous landscaped buffer yards. Interior planting areas shall be located to most effectively accommodate storm water runoff and provide shade in large expanses of paving and contribute to orderly circulation of vehicular and pedestrian traffic.

(i)

No more than fifteen (15) parking spaces shall be permitted in a row without being interrupted by an interior planting area,

(ii)

All rows of parking spaces of greater than fifteen (15) parking spaces per singular row shall terminate by a tree island,

(iii)

Trees shall be required at the minimum ratio of one shade tree for every three thousand five hundred (3,500) square feet of total vehicular use area. All vehicular use areas located within the same block which serve one or more businesses or uses of land or share unified ingress and egress shall be considered as a single vehicular use area for the purpose of computing the required ratio of trees, notwithstanding ownership. Required trees shall be at least ten (10) feet in height and two and one-fourth (2¼) inches in diameter at a point 6 inches above the base.

(b)

Minimum size of interior planting areas.

(i)

A minimum of ninety (90) square feet of planting area shall be required for each new shade tree.

(ii)

A minimum planting area of one hundred (100) percent of the drip line area of the tree shall be required for all existing trees. If the applicant can demonstrate that conditions allow that the tree will be preserved with an area less than one hundred (100) percent, lesser area may be negotiated between the applicant and the Planning and Development Department.

(4)

Nonconforming parking lots. When the square footage of a nonconforming parking lot is increased, compliance with this section is required as follows:

(a)

Expansion by 25 percent or less. When a parking lot area is expanded by twenty-five (25) percent or less, only the expansion area must be brought into compliance with this section.

(b)

Expansion by more than 25 percent (25%). When a parking lot area is expanded by more than twenty-five percent (25%), the entire expansion area shall be brought into compliance with this section. In addition, the preexisting parking lot area shall be brought into compliance with the perimeter parking lot landscaping requirements of this section.

(c)

Repeated expansions. Repeated expansions of a parking lot area over a period of time commencing with the effective date of this Development Code shall be combined in determining whether the twenty-five percent (25%) threshold has been reached.

3.13.04. Landscaped Buffer Requirements.

(1)

Intent. This section requires landscaped buffers to be provided and maintained when nonresidential uses are being developed or expanded adjacent to residential uses and when higher density residential uses are being developed or expanded adjacent to lesser density residential uses. Landscaped buffers are also required to enhance community appearance and to protect the character of the area. The width of the buffer and the required plantings within the buffer may vary depending upon the relative intensities of the abutting or adjacent uses. The buffer requirements are intended to be flexible and the developer may choose among a number of combinations of buffer width and buffer plantings to satisfy the requirement.

(2)

General Standards. Before a Certificate of Occupancy is issued for any new building or addition or accessory building greater in size than 25% of the principal building or any renovations, improvements or repairs greater in cost than 25% of the value of the building, according to the Pike County Tax Assessor's records, and located within R-PL, B-PO, C-1, C-2, C-PL, I-1, I-PL, S-O Districts to include SOE, SOP, SMU, SOM, SCD and SFP Districts, and which lies adjacent to any lot or lots which are zoned R-80, R-60 or R-50, and, which are occupied or may in the future be occupied by single family dwellings, a screening barrier conforming to the design standards shall be required. Exempt are schools and churches. The Director of the Planning and Development Department may waive the screening requirements for similar low impact uses.

The screening requirements specified above shall also apply to construction within R-PL, B-PO, C-1, C-2, C-PL, I-1, I-PL, S-O Districts to include SOE, SOP, SMU, SOM, SCD and SFP Districts, which lie adjacent to any lot or lots which are zoned R-80, R-60 or R-50.

As a part of conditional and/or site plan approval, screening may also be required where construction of a high impact use, including, but not limited to, correctional facility, truck terminal, intensive amusement business, mini warehouse, warehouse, industry, resource extraction, gas station, automobile repair, wrecker service or salvage yard, is to occur adjacent to a less intensive use, particularly, bank, office, clinic, funeral home, cemetery, personal care business, restaurant, church and school.

(3)

Screening Design Standards. Screening barriers required by (2) above shall consist of a solid board fence six feet in height constructed of western cedar, cypress, redwood, brick, stone or an approved equivalent erected along the entire length of the property line adjacent to the use to be screened. However, no screen shall extend along a side property line any closer to the front property line than fifteen (15) feet, except that screens required to be placed along the front property line may be placed on the front property line and may be interrupted with driveways complying with the standards of this Ordinance. Fence framing members shall not be placed adjacent to the property to be screened. Landscaping in the form of evergreen shrubs may be substituted for the fence, and, if so, shall be a minimum of four (4) feet in height when planted and shall reach a minimum height of six (6) feet within three years of planting. Shrubs planted on berms may have a lesser height provided the combined height of the berm and planting meets or exceeds those specified above. Shrubs shall be planted not greater than four (4) feet apart. Perimeter plantings required for parking lot landscaping may be counted towards satisfying the screening requirements of this Part. Existing trees and shrubs may also count towards satisfying the screening requirements, provided such meets or exceeds the standards specified herein. Alternative screening plans may be submitted during conditional use and/or site plan review and may be approved provided such plan meets or exceeds the standards contained herein.

(4)

Maintenance of Required Landscaping and Screening. Plant materials that have died or are no longer functional shall be replaced at appropriate planting within one year. Plant material shall be maintained in such a manner as to preserve their functional and aesthetic integrity. All landscaped areas shall be provided with an irrigation system or water source within one hundred (100) feet. All trees adjacent to pedestrian and vehicular spaces shall be maintained so that mature branching occurs at a minimum of seven (7) feet from the ground.

Fences shall be properly maintained. Portions of the fence which have become damaged by reason of wind, fire, decay or for other reasons shall be replaced within thirty (30) days.

(Ord. No. 10:09/04, § I, 9-28-2004)

Sec. 3.14. - Minimum parking requirements.

In all zones, off-street parking facilities for the storage or parking of motor vehicles for the use of occupants, employees, and patrons of the buildings erected, altered or extended after the effective date of this ordinance, shall be provided and maintained as herein prescribed.

3.1401 General requirements.

In determining the number of parking spaces required, if such spaces result in fractional parts thereof, the number of spaces required shall be construed to be the next highest whole number.

Whenever a use is increased in floor area or units of service, additional parking spaces shall be provided in amounts specified for the use, if the existing parking space is inadequate to serve the increased activity.

Off-street parking facilities for one- and two-family dwellings shall be located on the same lot or plot of ground as the building served.

Off-street parking facilities for multifamily dwellings containing up to and including eight (8) dwelling units shall be provided on the same lot or plot of ground as the building served.

Off-street parking facilities for multifamily dwellings containing more than eight (8) dwelling units may be located within three hundred fifty (350) feet of the building intended to be served.

Off-street parking facilities for an industry or commercial establishment which employs three hundred (300) or more employees must be located within three hundred fifty (350) feet of the building or buildings to be served.

Collective off-street parking facilities may be provided; however, such facilities shall be no less than the sum of such facilities as would otherwise be required of each individual use.

Off-street parking requirements for uses not specifically mentioned herein shall be the same as those required for a similar or related nature.

Parking lots or areas adjacent to public streets shall have driveways or curb cuts not to exceed thirty five (35) feet in width at the curb line.

Detailed plans shall be submitted for approval of all curb cuts or driveways in commercial or industrial districts to the Director of Public Works and accepted before any building permit may be obtained therefor.

All parking spaces, drives, and islands shall be surfaced with a bituminous, concrete, or other material approved by the Director of Public Works.

3.1402 Minimum off-street parking requirements.

ZONING DISTRICT RESIDENTIAL	MINIMUM PARKING REQUIREMENT
Single-Family - Lot area of more than 10,000 S. F. or greater.	3.0 per dwelling unit.
Single-Family - Lot area of less than 10,000 S. F. or less.	2.0 per dwelling unit.
Single-Family - Attached.	2.0 per dwelling unit.
Multifamily - Studio.	1.25 per dwelling unit.
Multifamily - 1 bedroom.	1.5 per dwelling unit.
Multifamily - 2 bedroom.	1.75 per dwelling unit.
Multifamily - 3 (+) bedroom.	2.0 per dwelling unit.
Apartment.	1 per permanent dwelling unit and/or1 per each 2 nontransient sleeping rooms.
Cemeteries.	As determined by Director of Inspections and Zoning.
Planned Mixed Land Use Development.	As required for each individual use or as may be determined by the Director of Inspections and Zoning based on the review of project plans and the determination of parking space requirements.
Public Utility or Public Service Uses.	As determined by the Director of Inspections and Zoning based on the review of project plans and the determination of parking space requirements.
Religious Institutions Churches, Temples, Chapels, etc.	1 per each 4 seats, based on total capacity.
Convents, seminaries, rectories, public houses, other religious uses.	As determined by the Director of Inspections and Zoning based on the review of project plans and the determination of parking space requirements.
Tourist Homes.	1 per each unit or room plus 1 for the owner or manager.
BUSINESS/PROFESSIONAL OFFICE
Limited Office/Research Office and/or research buildings or groups of buildings of similar nature which contain no manufacturing, assembly, warehousing, testing, storage or transfer activities or temporary buildings of any kind.	1 [per] each 350 S.F. of net leasable area.
For other permitted uses in such districts parking space shall be provided on the basis of the appropriate category:
For uses involving public assembly of groups of people for whatever reason.	1 per each 4 seats, based on total capacity.
For uses involving institutional functions, medical facilities or similar operations.	1 per each 200 S.F. of gross floor area.
For all other uses which shall be permitted in B/PO districts.	As determined by the Zoning Administrator.
HEALTH AND MEDICAL USES
Clinics, medical office buildings.	1 per each 175 S.F. of gross floor area.
Outpatient clinics, outpatient facilities a part of hospitals, medical centers, etc.	1 per each 175 S.F. of gross floor area.
Nursing homes, sanitariums, convalescent homes, institutions for care of aged, children, etc.	0.5 per bed.
Hospital, medical center, other treatment facility.	1.75 per bed, plus the number required, based on S.F. measurements for office, clinic, testing, research, administrative teaching and similar activities associated with the principal uses, at 1 space per each 175 S.F. of gross floor area except for teaching facilities which shall be 1 per each 4 seats.
COMMERCIAL USES
Local Neighborhood Commercial (C-1) (Service only to adjacent residential areas, for the convenience of residents.) Typical uses - barbershops, beauty shops, currency exchanges, drugstores, dry cleaning receiving stations, florist shops, gift shops, hardware stores, residential dwelling units, home occupations, etc. and accessory.	1 per each 350 S.F. of net leasable area.
Automobile service stations and garages for minor repair (excluding body shop, engine repair, painting).	6 spaces for customer vehicles.
Funeral Parlors.	1 per each 3 chapel seats.
Highway Commercial (C-2) (Service to the general public, normally found in the central business district or in the Business/Professional Office District (B-PO Districts)).	1 per each 350 S.F. of net leasable area.
Typical uses - all uses permitted in C-2 districts; similar uses as amusement establishments, bicycle sales and repair, blueprinting and photocopy establishments, convention halls, motor vehicle sales, physical culture and health salons, secondhand stores, theatres and accessory uses incidental to such typical uses listed above.	1 per each 400 S.F. of net leasable area as noted below for specific functions: For amusement establishments - 1 per each 300 S.F. of net leasable area; for hotels and motels, 1 per each room plus additional spaces as required for other functions such as bar or restaurant. For motion picture theatres - 1 per each 3 seats. For Drive-In Banks, and similar uses, 1 per each 350 S.F. of net leasable area plus reservoir space as determined by the Director of the Department of Inspections and Zoning.
Also, other uses such as battery and tire stations, building material sales, bus terminals, contractor or construction yards, laundries, machinery sales, printing establishments, storage, warehousing and similar establishments, trailer sales and rental and special uses as may be permitted.	For auto laundries, 1 per each employee plus reservoir space for at least 6 times the bay capacity of the facility, with a minimum of 10.
	For uses that include storage, testing, repairing or similar services - 1 per each 700 S.F. plus 1 per each 400 S.F. of office, sales or other space to be used by visitors, customers or salesmen.
	For other uses, as may be established by the Director of the Department of Inspections and Zoning.
EDUCATION & RELATED USES
Elementary Schools.	1 per each classroom and each other room used by students.
High Schools.	1 per each classroom and each other room used by students plus 1 for each 10 fulltime students.
Colleges, Junior Colleges, Technical Schools Universities, etc.	As determined by the Director of Inspections and Zoning.
Fraternities, Sororities Dormitories and Related Buildings.	0.5 per bed.
School Auditoriums.	1 per each 4 seats.
Gymnasiums, Stadiums, Field Houses, Grandstands and related structures or facilities - if part of a high school, college, university, etc.	1 per each 4 seats.
Public libraries, art galleries, museums and other nonrecreational public facilities.	1 per each 600 S.F. of floor area open to the public.
RECREATIONAL USES
Parks, athletic fields, tennis and pool facilities, golf courses, etc.	As determined by the Director of Inspections and Zoning.
Recreational and community center buildings, recreation clubs, related uses.	Spaces equal to 30% of total permitted occupancy or as determined by the Director of Inspections and Zoning.
Enclosed recreational buildings, specialized facilities and related uses.	As determined by the Director of Inspections and Zoning.
Open recreational facilities including camps, youth facilities, training facilities, etc.	As determined by the Director of Inspections and Zoning.
Gymnasiums, Stadiums, Field Houses, Grandstands, and related facilities.	1 per each 4 seats or spectator spaces equal to 30% of total permitted occupancy.
INDUSTRIAL USES
Light Industrial (I-1) Industrial buildings or groups of industrial buildings of similar nature which contain no heavy manufacturing activity; no storage or use of flammable material; no production of smoke or particulate matter or noxious fumes of any type; no undue noise; no open storage of any materials, components or other items except motor vehicles in operable condition.	1 per each 1,000 S.F. plus 1 per each 350 S.F. of office sales or similar space.
Planned Industrial (I-PL) All uses permitted in I-1 districts plus all other industrial uses except those involving refining, mining, smelting or similar uses; the storage, use or production of hazardous fluids, gases or other products and the production of noxious or toxic fumes or odors.	1 per each 1,000 S.F. plus 1 per each 350 S.F. of office sales or similar space.

Mccomb City Zoning Code

ARTICLE III

- ESTABLISHMENT OF DISTRICT REGULATIONS

Sec. 3.000.[sic] - A-1 General Agricultural District.

3.01 Purpose.

3.02 Permitted Uses.

Cultivation of field and truck crops, orchards and vineyards

Pasturing and grazing

Dairies, poultry, small animals and livestock

Greenhouses, nurseries and landscape gardening

Barns, silos, sheds, warehouses and cooling houses for storage, grading, packing and processing of farm produce, other than commercial slaughtering or processing of animals

One-family detached dwellings and their customary accessory uses

Public parks and recreation areas

Public utility surface structures

Private riding stables

3.03 Home Occupations.

3.04 Conditional Uses.

Conditional uses are permitted in A-1 General Agricultural District.

Drilling and mineral recovery.

3.05 Site and Structure.

Minimum Lot Area and Lot Width.

Minimum Yards Required.

Front Yard - The front yard, which is also referred to as the setback lines, shall be a minimum of twenty-five (25) feet.

Side Yard - Setback a minimum of ten (10) feet provided that any permitted pen or building in which livestock is kept shall be located not less than one hundred (100) feet from any lot line.

Rear Yard - The rear yard of each lot shall be a minimum of twenty-five (25) feet.

(Ord. No. 17:05/00, § I, 5-23-2000)

Sec. 3.1. - R-80 Single-Family Residential.

3.101 Purpose.

3.102 Permitted Uses.

Only the following permitted uses shall be allowed in the R-80 Single-Family Residential District and no structure or land shall be devoted to any use other than those listed hereunder:

Residential uses.

One Single-Family Dwelling.

Private Garages and Accessory Structures.

Cultural and Recreational Uses.

Public and Private Parks.

Botanical Gardens.

Playgrounds.

Nature Preserves and Sanctuaries.

Swimming Clubs and Pools.

Athletic Fields.

Tennis Courts.

Private Riding Stables.

3.103 Home Occupations.

Home occupations shall not be permitted in the R-80 Single Family Residential District.

3.104 Conditional Uses.

Conditional Uses are prohibited in the R-80 [Single-Family] Residential District.

3.105 Site and Structure.

Minimum Lot Area and Lot Width.

Every dwelling shall be located on a lot not less than ten thousand (10,000) square feet in area with a minimum width of eighty (80) feet at the Building Setback Line.

Minimum Yards Required.

Front Yard - The front yard, which is also referred to as the Building Setback Line, shall be a minimum of twenty-five (25) feet from any existing or proposed right of way.

Rear Yard - The rear yard of each lot shall be twenty-five (25) feet as measured from the structure to the rear lot line.

Building height - No building or structure shall exceed thirty-five (35) feet in height.

(Ord. No. 17:05/00, § I, 5-23-2000)

Sec. 3.2. - R-60 One- and Two-Family Residential.

3.201 Purpose.

3.202 Permitted Uses.

Only the following permitted uses shall be allowed in the R-60 One- and Two-Family Residential District and no structure or land shall be devoted to any use other than those listed hereunder:

Residential Uses.

One Single-Family Dwelling.

Two-Family Dwellings.

Private Garages and Accessory Structures.

Cultural and Recreational Uses.

Public and Private Parks.

Botanical Gardens.

Playgrounds.

Nature Preserves and Sanctuaries.

Swimming Clubs and Pools.

Athletic Fields.

Tennis Courts.

3.203 Home Occupations.

Home occupations may be allowed that are clearly incidental and secondary to the primary use of the property as a residence, provided that these uses are conducted entirely on the property and by the property owner. No more than one person not related to the resident can be engaged in the operation of such a business and no retail sales, outside storage equipment or materials shall be permitted.

The following criteria shall be employed to determine a valid home occupation.

No sales of products or services produced on the premises.

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

It shall not involve the use of commercial vehicles for delivery of material to or from the premises.

No storage of materials and/or supplies outdoors.

It shall not involve the use of signs other than those permitted in that district of which it is a part.

No building or space outside of the main building shall be used for home occupational purposes other than storage.

No more than one room in the dwelling shall be employed for the home occupation.

There shall be no use of utilities or community facilities beyond that reasonable to the use of the property for residential purposes.

(Ord. No. 16-11-90, 11-27-1990)

10.

(Ord. No. 03:03/93, § 1, 3-23-1993)

3.204 Conditional Uses.

Conditional Uses are prohibited in the R-60 [One- and Two-Family] Residential District.

3.205 Site and Structure.

Minimum Lot Area and Lot Width.

Every dwelling shall be located on a lot not less than six thousand (6,000) square feet in area with a minimum width of sixty (60) feet at the Building Setback Line.

Minimum Yards Required.

Front Yard - The front yard, which is also referred to as the Building Setback Line, shall be a minimum of twenty (20) feet from any existing or proposed right of way.

Rear Yard - The rear yard of each lot shall be twenty (20) feet as measured from the structure to the rear lot line.

Building height - No building or structure shall exceed thirty-five (35) feet in height.

(Ord. No. 17:05/00, § I, 5-23-2000)

Sec. 3.3. - R-50 One- and Two-Family Residential and Manufactured Housing.

3.301 Purpose.

3.302 Permitted Uses.

Only the following permitted uses shall be allowed in the R-50 District and no structure or land shall be devoted to any use other than those listed hereunder:

Residential Uses.

(Reserved).

Single Family Manufactured Dwellings.

One- and Two-Family Dwellings.

Private Garages and Accessory Structures.

Cultural and Recreational Uses.

Clubs, Lodges and Fraternities.

Public and Private Parks.

Playgrounds.

Swimming Clubs and Pools.

Athletic Fields.

Tennis Courts.

(Ord. No. 9:09/04, § I, 9-28-2004)

3.303 Home Occupations.

Requirements shall be provided as put forth in Section 3.203.

(Ord. No. 03:03/93, § 1, 3-23-1993)

3.304 Conditional Uses.

Conditional Uses are prohibited in the R-50 [One- and Two-Family] Residential [and Manufactured Housing] District.

3.305 Site and Structure.

Minimum Lot Area and Lot Width.

Every dwelling shall be located on a lot not less than five thousand (5,000) square feet in area with a minimum width of fifty (50) feet at the Building Setback Line.

Minimum Yards Required.

Front Yard - The front yard, which is also referred to as the Building Setback Line, shall be a minimum of twenty (20) feet from any existing or proposed right of way.

Rear Yard - The rear yard of each lot shall be twenty (20) feet measured from the structure to the rear lot line.

Building height - No building or structure shall exceed thirty-five (35) feet in height.

3.306 District Standards.

Installation.

Installation of mobile or manufactured homes shall be on a permanent foundation according to the provisions of all applicable building codes.

Compatibility.

Dimensions.

Mobile or manufactured homes shall have a minimum width of the main body of 11 feet 6 inches (11'6") and a minimum floor area of seven hundred twenty (720) square feet.

(Ord. No. 17:05/00, § I, 5-23-2000)

Sec. 3.4. - R-PL Planned Residential District.

3.401 Purpose.

3.402 Permitted Uses.

Only the following uses shall be permitted in the R-PL Planned Residential District and no structure or land shall be devoted to any use other than those listed hereunder:

Residential Uses.

Single-Family Residential.

One- and Two-Family Residential.

Three- and Four-Family Residential.

Multifamily Residential.

Cultural and Recreational Uses.

Clubs, Lodges and Fraternities.

Public and Private Parks.

Playgrounds.

Swimming Clubs and Pools.

Athletic Fields.

Tennis Courts.

(Ord. No. 17:05/00, § I, 5-23-2000)

3.403 Conditional Uses.

Mobile and Manufactured [Home] Parks are a Conditional Use in the Planned Residential Use Overlay District subject to the following:

The Planning Commission shall establish a date and hold a public hearing for the proposed Mobile Home Park.

The Planning Commission shall present its findings and recommendation to the Board of Mayor and Selectmen for final approval.

(Ord. No. 9:09/04, § I, 9-28-2004)

3.404 Procedure and Regulations.

Preliminary Application.

A tentative site plan which indicates the areas to be developed for buildings, the anticipated total gross floor space, the areas to be developed for parking and the points of ingress and egress.

Application Review.

The special permit will be conditional on the submission of a Final Development Plan within twenty-four (24) months of the issuance of the special permit.

Final Development Plan.

The Final Development Plan shall include the following information.

Architect's sketches of the proposed buildings and landscaping.

A schedule of construction, including the anticipated completion date.

A statement of all the ownership and beneficial interests in the proposed planned residential development.

A statement of the proposed types of businesses and land uses and of the general market area to be served by the development.

Approval and Issuance of Permit.

Revocation of Special Permit.

Conformity.

3.405 Lot Standards for Mobile/Manufactured Home Parks.

The minimum lot size shall be 4,000 square feet.

The maximum building height shall be twenty (20) feet.

The side setback shall be twenty (20) feet from each individual mobile home.

The rear setback shall be a minimum of ten (10) feet between all mobile homes and the rear yard lines of a mobile or manufactured home space (lot).

Each lot shall have two paved parking spaces with permanent paved runners to these spaces as well as patios.

The tongue and wheels shall be permanently removed.

(Ord. No. 9:09/04, § I, 9-28-2004)

3.406 General Dimensional Requirements for Mobile/Manufactured Home Parks.

The maximum density shall not exceed 11 homes per acre.

In order to provide for free movement of traffic through the park on park streets, no on-street parking shall be permitted on any mobile home park street.

(Ord. No. 9:09/04, § I, 9-28-2004)

3.407 Streets, Utilities and Storm Drainage.

All utilities, including electrical, cable and telephone shall be placed underground.

(Ord. No. 9:09/04, § I, 9-28-2004)

3.408 Location, Grandfathered Uses and County Registration.

Any mobile homes in the City of McComb shall be allowed to remain where they are but should they be unoccupied for a period of ninety days they must be removed from their location.

(Ord. No. 9:09/04, § I, 9-28-2004)

Sec. 3.5. - B-PO Business/Professional Office.

3.501 Purpose.

3.502 Permitted Uses.

Only the following permitted uses shall be allowed in the B-PO District and no structure or land shall be devoted to any use other than those listed hereunder:

Office and Professional Uses.

Law Offices.

Accountant Offices.

Architecture or Engineering Offices.

Real Estate Offices.

Insurance Offices.

Daytime Doctor, Dentist or Chiropractor Offices.

Financial Services Offices.

Other Professional Offices.

Specialty Retail and Commercial Uses.

Retail shops for the sale of books, educational and/or arts and crafts supplies, florists, gifts, antiques and clothing.

Photographic Studios.

Dance Studios.

Music Studios.

Miscellaneous Uses.

Art Galleries.

Museums.

Libraries.

Day Care Home.

Day Care Center.

(Ord. No. 03:03/93, § 1, 3-23-1993)

3.503 Conditional uses.

Single Family Residential Uses will be conditional in the B-PO Business and Professional Office District.

3.504 Site and structure.

Minimum Lot area and Lot Width.

Every structure shall be located on a lot not less than six thousand (6,000) square feet in area with a minimum width of sixty (60) feet at the Building Setback Line.

Minimum Yards Required.

Front Yard - The front yard, which is also referred to as the Building Setback Line, shall be a minimum of twenty (20) feet from any existing or proposed right-of-way.

Rear Yard - The rear yard of each lot shall be twenty (20) feet as measured from the structure to the rear lot line.

Building height - No building or structure shall exceed thirty-five (35) feet in height.

Office and Specialty Retail.

Sec. 3.6. - C-1 Neighborhood Business District.

3.601 Purpose.

3.602 Permitted uses.

Only the following permitted uses shall be allowed in the C-1 Neighborhood Commercial District and no structure or land shall be devoted to any use other than those listed hereunder:

Retail and Service.

Antique Shops.

Art and Supply Stores.

Art Galleries.

Bakeries.

Branch Banks and Financial Institutions.

Barber[shops] and Beauty Shops.

Book or Stationery Store.

Utility Collection Office.

Custom Dressmaking and Sewing Shops.

10.

Florists.

11.

Delicatessens.

12.

Garden Supply and Greenhouses.

13.

Gift Shops.

14.

Hardware Stores.

15.

Hobby Shops.

16.

Ice Cream Shops.

17.

Interior Decorating Shops.

18.

Jewelry Stores.

19.

Photography Shops and Studios.

20.

Restaurants.

21.

Shoe Stores and Repair Shops.

22.

Sporting Goods Stores.

23.

Toy Stores.

24.

Wearing Apparel Stores.

25.

Day Care Home.

26.

Day Care Center.

(Ord. No. 03:03/93, § 1, 3-23-1993)

Offices.

Law Offices.

Architecture or Engineering Offices.

Accountant Offices.

Real Estate Offices.

Insurance Offices.

Doctor, Dentist or Chiropractor Offices.

Miscellaneous Uses.

Churches, Temples and Synagogues.

3.603 Conditional Uses.

Up to two dwelling units may be located above any first floor designation for business uses.

3.604 Site and Structure.

Minimum Lot Area and Lot Width - Nonresidential.

Every structure shall be located on a lot not less than five thousand (5,000) square feet in area with a minimum width of fifty (50) feet at the Building Setback Line.

Minimum Lot Area and Lot Width - Residential.

Every Dwelling shall be located on a lot not less than five thousand (5,000) square feet with a minimum width of fifty (50) feet at the Building Setback Line.

One-Dwelling Unit - Fifteen hundred (1,500) square feet.

Two Dwelling Units - Twelve hundred (1,200) square feet per dwelling unit.

Minimum Yards Required.

Side Yard - There shall be two side yards, one on each side of the building, having a minimum width of three (3) feet as measured from the structure to the adjacent lot line.

Building height - No building or structure shall exceed thirty-five (35) feet in height.

Maximum Lot Coverage.

(Ord. No. 17:05/00, § I, 5-23-2000)

Sec. 3.7. - C-2 Highway Commercial District.

3.701 Purpose.

3.702 Permitted uses.

Only the following permitted uses shall be allowed in the C-2 Highway Commercial District and no structure or land shall be devoted to any use other than those listed hereunder:

Retail and Service.

Any use permitted in the C-1 Neighborhood Commercial District.

Automotive Service Stations, Centers and Sales.

Automotive Parts Shops.

Business College or Business Schools.

Catering Establishments.

Commercial Recreation.

Department Stores.

Convenience Stores.

Drive-in Restaurants.

10.

Drive-in Banks.

11.

Funeral Homes and Mausoleums.

12.

Indoor Recreations Establishments, such as bowling alley, skating rinks and movie theaters.

13.

Instruction of Fine Arts.

14.

Mobile Home Sales.

15.

Passengers Transportation Terminals.

16.

Physical Culture and health Establishments.

17.

Enclosed plumbing, electrical and home building supply showroom and sales centers with associated assembly processes.

18.

Printing, lithography and publishing establishments.

19.

Public or Private Auditoriums.

20.

Restaurants and Restaurants with Lounges.

21.

Wholesale merchandise broker, excluding wholesale storage.

22.

Drug Stores.

23.

Dry Cleaning, Laundries and Self-Service Laundries.

24.

Food Stores.

25.

Liquor Stores.

26.

Car Wash.

27.

Limited completely enclosed Light Welding Shops of three thousand (3,000) square feet or less with no outdoor storage.

28.

Day Care Home.

29.

Day Care Center.

30.

Mini Storage Warehouses.

(Ord. No. 05:07/94, § 1, 7-12-1994; Ord. No. 05:07/94, § 1, 7-12-1994)

Offices.

Any private office use which is permitted use in the C-1 District.

Medical Clinics of ten (10) or less Doctors.

General, multi-use office buildings of less than forty thousand (40,000) square feet.

Residential Uses.

Hotels and Motels of one hundred fifty (150) or less rooms.

Apartment-Hotels.

Miscellaneous.

Post Office.

Radio and Television Studios and Broadcasting Stations.

Clubs, Lodges, Fraternal and Religious Institutions, Meeting Halls.

Public Service Facilities, including electric distributing substations, fire or police stations, telephone exchange and similar use.

Veterinary Clinics.

Outdoor Advertising (Billboards).

3.703 Conditional uses.

Conditional uses are prohibited in the C-2 Highway Commercial District.

3.704 Site and Structure.

Minimum Lot Area and Lot Width.

Every structure shall be located on a lot not less than ten thousand (10,000) square feet in area with a minimum width of eighty (80) feet.

Minimum Yards Required.

Rear Yard - No rear yard will be required except as outlined under section 3.705. However, if a rear yard is provided it must be a minimum of three (3) feet.

Maximum Lot Coverage.

3.705 Transitional yards.

Where a C-2 Highway Commercial District adjoins a residential district, transitional yards shall be provided in accordance with the following regulations:

(Ord. No. 05:07/94, § I, 7-12-1994; Ord. No. 17:05/00, § I, 5-23-2000)

Sec. 3.8. - C-PL Planned Commercial District.

3.801 Purpose.

3.802 Permitted uses.

Any use permitted in the C-1 or C-2 Districts.

Hotels, Motels and Convention Centers.

High-rise Office and Residential Buildings.

Amusement Parks, Golf Courses and similar recreation facilities.

Public Utility Facilities.

Shopping Malls.

Parking lots and decks.

Lounges, Nightclubs and Bars.

3.803 Procedure and regulations.

Preliminary Application.

(Ord. No. 01:01/94, § 1, 1-1-1994)

A Sketch Plan which indicates the areas to be developed for buildings, the anticipated total gross floor space, the areas to developed for parking and the points of ingress and egress.

Application Review.

Upon receipt of the report of the Planning Commission the Board of Mayor and Selectmen plan and issue or deny a special permit in accordance with the provisions of this section.

The special permit will be conditional on the submission of Final Development Plan within twenty-four (24) months of the issuance of the special permit.

Final Development Plan.

The Final Development Plan shall include the following information:

Architect's sketches of the proposed buildings and landscaping.

A schedule of construction, including the anticipated completion date.

A statement of all the ownership and beneficial interests in the proposed planned commercial center.

A statement of the proposed types of businesses and land uses and of the general market area to be served by the development.

Approval and Issuance of Permit.

Revocation of Special Permit.

Conformity.

No building permit shall be issued contrary to the provisions of the City Land Use Regulations and all other ordinances, rules and regulations of the City. The use and development of the tract of land as a planned commercial center shall conform, as nearly as practicable, to the special permit issued and to Final Development Plan as approved. No building permit, certificate of occupancy, or other permit shall be issued unless the building or improvement conforms to the special permit issued and to the Final Development Plan as approved. Additionally, an adequate agreement, contract and bond must be deposited with the City to guarantee the installation of the required water, sewer, street paving, curb and gutter, alley paving, sidewalks, street signs and street lighting facilities.

3.804 Site and structure regulations.

Minimum Lot Area.

(Ord. No. 01:01/94, § 2, 1-1-1994)

Front, Side, and Rear Yards.

All setbacks apply to structures of forty-five (45) feet in height or less and setback requirements shall increase one (1) foot for each two (2) feet in building height over forty-five (45) feet.

Maximum Lot Coverage.

Off-Street requirements.

3.805 District standards.

Design.

Environmental Quality.

(Ord. No. 17:05/00, § I, 5-23-2000)

Sec. 3.9. - I-1 Light Industrial District.

3.901 Purpose.

3.902 Permitted uses.

Only the following permitted uses shall be allowed in the I-1 District and no structure or land shall be devoted to any other use other than those listed hereunder:

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

Packaging and processing of pre-manufactured items.

Manufacture of computer and high technology items.

Manufacture of ceramic products.

Wholesaling, warehousing, storage or distribution establishments, cold storage or refrigeration plants.

Printing, lithographing, publishing or similar establishments.

Medical clinics only in connection with industrial activity.

Radio and television stations and relay transmitters, motion picture studios.

Laboratories, research, experimental or testing centers.

Plant nurseries.

Utility facilities such as electrical substations, telephone switching facilities and the like.

Residence for security guard or caretaker employed on the premises.

Outdoor Advertising (Billboards).

Ornamental Ironworks and similar light welding facilities with outdoor storage, provided however that the storage is screened from public view.

3.903 Conditional uses.

The following uses are conditional in the I-1 Light Industrial District.

Hotel, motel or motor lodge if located in a district of thirty-five (35) acres or more.

Gasoline service station.

Day care centers.

Recreational facilities.

General office buildings.

3.904 Prohibited uses and structures.

Wrecking yards (including automotive wrecking yards) and junkyards.

Chemical, paints, and fertilizer manufacturing.

Explosives manufacturing or storage.

Paper and pulp manufacturing.

Petroleum refining.

Landfills for the disposal of solid wastes, hazardous, and/or toxic substances.

All other uses not permitted herein.

Disposal and/or permanent storage of Hazardous Waste.

3.905 Site and structure provisions.

Minimum Lot Area.

The lot area of each zoning lot shall not be less than ten thousand (10,000) square feet.

Minimum Area Regulations.

Minimum Lot Width - The lot width of each zoning lot shall not be less than eighty (80) feet.

Maximum Lot Coverage.

A minimum of thirty percent (30%) of each zoning lot/district shall be retained as open space, including landscaped areas.

Height Regulations.

No building or structure shall exceed forty-five (45) feet in height above [sic].

Off-Street Parking and Loading Requirements.

Off-street parking and loading shall be provided as put forth in Section 3.14.

Sec. 3.10. - I-PL Planned Industrial.

3.1001 Purpose.

The purpose of the Planned Industrial District is to provide a district for which an overall development plan must be submitted and a special permit must be granted prior to development of the tract.

3.1002 Permitted uses.

3.1003 Procedure and regulations.

Preliminary Application.

A site plan which indicates the areas to be developed for buildings, the anticipated total gross floor space, the areas to be developed for parking and the points of ingress and egress.

Application Review.

The special permit will be conditional on the submission of a Final Development Plan within twenty-four (24) months of the issuance of the special permit.

Final Development Plan.

The Final Development Plan shall include the following information:

Architect's sketches of the proposed buildings and landscaping.

A schedule of construction, including the anticipated completion date.

A statement of all the ownership and beneficial interests in the proposed planned industrial center.

A statement of the proposed types of businesses and land uses and of the general market area to be served by the development.

Approval and Issuance of Permit.

If the Final Development Plan conforms to the tentative development plan, the Mayor and Selectmen may approve the issuance of a special permit by the [code] inspector upon submission to the office of Safety and Permits the approved Final Development Plan.

Revocation of Special Permit.

Conformity.

No building permit shall be issued contrary to the provisions of the City Land Use Regulations and all other ordinances, rules and regulations of the City. The use and development of the tract of land as a planned industrial center shall conform, as nearly as practicable, to the special permit issued and to Final Development Plans as approved. No building permit, certificate of occupancy, or other permit shall be issued unless the building or improvement conforms to the special permit issued and to the Final Development Plan as approved. Additionally, an adequate agreement, contract and bond must be deposited with the City to guarantee the installation of the required water, sewer, street paving curb and gutter, alley paving, sidewalks, street signs and street lighting facilities.

Sec. 3.11. - S-O Special Use Overlay District.

3.1101 Purpose.

3.1102 Types of districts.

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

Minimum Yard required.

Side Yard - There shall be two side yards, one on each side of the buildings, having a minimum width of three (3) feet as measured from the structure to the adjacent lot line.

Building height - No building or structure shall exceed thirty-five (35) feet in height.

(Ord. No. 13:08/92, § 1, 8-25-1992)

SOE - Educational District: To include activities such as grade schools, secondary schools and colleges, auditoriums, libraries, recreational facilities, and other closely related and compatible use.

(Ord. No. 17:05/00, § I, 5-23-2000)

SCD - Central Business District is established to include retail and wholesale activities, Planned Industrial uses and adjusted density residential uses.

Office and Professional Uses.

Accountant Offices

Architecture or Engineering Offices

Doctor, Dentist or Chiropractor Offices

Financial Services Offices

Insurance Offices

Interior Decorating Offices

Law Offices

Real Estate Offices

Other Professional Offices

Retail and Service Uses.

Antique Shop

Art Studio

Arts/Crafts

Art Gallery

Bakery

Bank/Financial Institution

Barber[shop]/Beauty Shop

Bookstore

Cellular Service Center

10.

Convenience Store (no gasoline sales)

11.

Clothing Store

12.

Dance Studio

13.

Delicatessen

14.

Electronics Store

15.

Florist

16.

Gift Shop

17.

Hobby Shop

18.

Ice Cream Shop

19.

Interior Furnishing Shop

20.

Jewelry Store

21.

Music Studio

22.

Music Store (instruments, literature, media)

23.

Photography Shop and/or Photography Studio

24.

Restaurant

25.

Shoe Store and/or Shoe Repair Shop

26.

Stationery Store

27.

Sundries Store

28.

Toy Store

29.

Utility Collection Office

Miscellaneous Uses.

Churches

Residential Uses - In Existing Buildings.

Multifamily Dwelling Units

Single-Family Dwelling Units

Residential Uses-In New Building Development: Requires approval of Planning Commission and Board of Mayor and Selectmen.

(Ord. No. 02:03/04, § I, 3-9-2004; Ord. No. 11:10/04, § I, 10-12-2004)

(Reserved).

Minimum Yards Required.

New Construction: Front, side and rear yard setbacks will be established by the City of McComb based upon previously established setback at adjacent properties.

(Ord. No. 02:03/04, §§ I, III, 3-9-2004; Ord. No. 11:10/04, § I, 10-12-2004)

Side Yard - There shall be two side yards, one on each side to the building, having a minimum width of three (3) feet as measured from the structure to the adjacent lot line.

Building height - No building or structure shall exceed thirty-five (35) feet in height.

Parking Requirements:

For new developments in new and existing buildings, parking requirements will be established by the City of McComb.

(Ord. No. 02:03/04, § I, 3-9-2004; Ord. No. 11:10/04, § I, 10-12-2004)

Special Requirement.

Proposed new construction shall be compatible with adjacent structures and subject to review and approval by the Planning Commission.

(Ord. No. 13:08/92, 8-25-1992, § 1; Ord. No. 02:03/04, § I, 3-9-2004)

3.1103 Procedure and regulations for establishing Special Use Overlay District.

Preliminary Application.

A tentative site plan which indicates the area to be developed for buildings, the anticipated total gross floor space, the area to be developed for parking and the points of ingress and egress.

Application Review.

The special permit will be conditioned on the submission of a Final Development Plan within twenty-four (24) months of the issuance of the special permit.

Final Development Plan.

The Final Development Plan shall include the following information:

Architect's sketches of the proposed buildings and landscaping.

A schedule of construction, including the anticipated completion date.

A statement of all the ownership and beneficial interests in the proposed Special Use Overlay District.

A statement of the proposed types of businesses and land uses and of the general market area to be served by the development.

Approval and Issuance of Permit.

Revocation of Special Permit.

All time schedules shall relate back to the date when the special permit was issued. The Board of Mayor and Selectmen may request written reports on the progress of the development at any time and may extend any time limit provided that each such extension does not exceed twelve (12) months. If the Board of Mayor and Selectmen become satisfied at [any] time that the persons issued the development permit have abandoned the proposed development in a Special Use Overlay District, the permits issued may be revoked at a public hearing. Written notice of said hearing shall be sent to the persons holding the permit.

Conformity.

No building permit shall be issued contrary to the provisions of the City Land Use Regulations and all other ordinances, rules and regulations of the City. The use and development of the tract of land as a Special Use Overlay District shall conform, as nearly as practicable, to the special permit issued and to Final Development Plans as approved. No building permit, certificate of occupancy, or other permit shall be issued unless the building or improvement conforms to the special permit issued and to the Final Development Plan as approved. Additional, an adequate agreement, contract and bond must be deposited with the City to guarantee the installation of the required water, sewer, street paving, curb and gutter, alley paving, sidewalks, street signs and street lighting facilities.

3.1104 District standards.

All Special Use Districts shall:

Contain a minimum of two (2) acres, except for an expansion of an existing Special Use District.

Be compatible with adjacent land use.

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

(Ord. No. 13:08/92, § 3, 8-25-1992; Ord. No. 17:05/00, § I, 5-23-2000)

Sec. 3.12. - Nonconforming uses.

Changed to another nonconforming use.

Re-established after discontinuance for one (1) year.

Extended except in conformity to this ordinance.

Rebuilt after damage exceeding one-half (½) of its fair sales value immediately prior to damage.

Sec. 3.13. - Supplementary district regulations.

3.1301 Sight Distance Lines at Intersections.

The following statements are definitions of the sight distance area.

3.1302 Fences, walls and hedges.

(Ord. No. 16:11/90, 11-27-1990)

3.1303 Signs in the public rights-of-way and flashing signs.

All signs being placed upon the public right-of-way in violation of this ordinance may be confiscated as a danger to the health and safety of the public after notice herein provided for.

Screening.

3.1304 Land rehabilitation.

In all districts where temporary and/or commercial extraction of dirt, soil, clay, sand, gravel or earth may take place according to this ordinance, all excavations must be graded or backfilled.

3.1305 Closed landfills/dumps.

Identification.

Owners and/or operators of closed landfills/dumps must provide the following information to the Planning Commission:

Site location and size.

Legal description.

Type of waste.

Topography and soil type at site.

The Planning Commission shall identify and map all closed landfill/dumps and retain a file on each site.

Inspection.

Public Availability of Records.

Recording Information on Plans.

Any person subdividing land containing a closed landfill/dump will show its location and condition to the Planning Commission and the Board of Mayor and Selectmen for approval.

3.1306 General requirements for yards and open space.

Every part of a required yard area shall be open to the sky except as follows:

Where accessory buildings are specifically permitted in a rear or side yard under these regulations.

Movable awnings may be placed over doors or windows in any required yard, but such awnings shall not project closer than two (2) feet to any lot line or be vertically supported.

More than one main building may be located upon a zoning lot or tract in the following instances:

Institutional buildings.

Public or semipublic buildings.

Multiple-family dwellings.

Commercial or industrial buildings.

Homes for the aged, nursing homes, convalescent homes, and orphans homes.

3.1307 Front yards.

Except as otherwise provided in these regulations, on through lots, the required front yard shall be provided on each street.

3.1308 Side yards.

Where a side yard is not required, but is provided, such yard shall not be less than three (3) feet in width paralleling the side lot line.

3.1309 Rear yards.

Where a rear yard is not required, but is provided, such yard shall not be less than three (3) feet in width paralleling the rear lot line.

3.1310 Accessory buildings and structures.

Accessory buildings may be built in required rear yards, but such accessory buildings shall not occupy more than twenty-five (25) percent of the required rear yard.

Except as otherwise provided in this ordinance, accessory buildings or structures permitted in a required rear or side yard by this ordinance shall not exceed fourteen (14) feet in height.

Permitted accessory storage of a boat or boat trailer shall not be conducted in a required front yard.

3.1311 Noncomplying uses - special use permit.

(Ord. No. 03:06/91, 6-11-1991)

3.13.01 Purpose and Applicability.

(1)

The purpose and intent of this article is to:

(a)

Assist in providing adequate light and air;

(b)

Prevent erosion and siltation and aid in the absorption of air pollutants through conservation of trees and other vegetation;

(c)

Provide visual buffering and enhance the beautification of the City of McComb;

(d)

Safeguard and enhance property values and protect public and private investment;

(e)

(2)

The requirements of this Part shall apply to all uses for which site plan approval is required by this Ordinance.

3.13.02 Protection of Trees in Commercial Developments.

(1)

(2)

Protected trees.

(a)

The types of trees listed in the Table below are considered protected trees for the purpose of this Development Code.

LIST OF PROTECTED TREES

Minimum diameter: Eight inches

Butternut Hickory

Shagbark Hickory

Shellbark Hickory

Mockernut Hickory

Green Ash

Sycamore

Redbud

Black Gum (Tupelo)

White Oak

Red Oak

Post Oak

Willow Oak

Water Oak

Shumard

Sugar Maple

Red Maple

Pecan

Southern Magnolia

(b)

Unless exempt from the provisions of this section, no person shall remove or in any way damage any protected tree without first obtaining a permit from the Planning and Development Department.

(3)

Historic and specimen trees.

(a)

(b)

(c)

(4)

Tree removal procedure. The procedures and standards for review of planned tree removal shall be as follows:

(a)

(i)

The site plan shall include the name, address, and telephone number of the land owner and his agent.

(ii)

(iii)

The site plan and accompanying documents shall be submitted in copies sufficient to administer this review.

(iv)

The filing of a site plan shall be deemed to extend permission to the City of McComb Planning Department.

(b)

Review criteria. No site plan shall be approved authorizing the removal of a protected tree unless the developer/owner demonstrates one (1) or more of the following conditions:

(i)

A permissible use of the site cannot reasonably be undertaken unless specific trees are removed or relocated.

(ii)

The tree is located in such proximity to an existing or proposed structure that the safety, utility, or structural integrity of the structure is materially impaired.

(iii)

The tree materially interferes with the location, servicing or functioning of existing utility lines or services.

(iv)

The tree creates a substantial hazard to motor, bicycle, or pedestrian traffic by virtue of physical proximity to traffic or impairment of vision.

(v)

The tree is diseased, insect ridden, or weakened by age, abuse, storm or fire and is likely to cause injury or damage to people, buildings or other improvements.

(vi)

(vii)

Any law or regulation requires the removal.

(c)

(5)

Replacement of removed trees.

(a)

Trees removed pursuant to the provisions of this ordinance shall be replaced at the expense of the developer/owner.

(b)

Each removed tree shall be replaced with a new tree(s) having a total tree caliper equivalent to that of the removed tree.

(c)

Single-trunk replacement trees shall be a minimum of 1½-inch diameter at a point 6 inches above the base and a minimum of six (6) feet in overall height.

(d)

A replacement tree may be a tree moved from one location to another on the site.

(e)

(f)

(6)

Protection of trees during development activities.

(a)

Generally, to assure the health and survival of protected trees that are not to be removed, the developer shall avoid the following kinds of tree injuries during all development activities:

(i)

Mechanical injuries to roots, truck, and branches;

(ii)

Injuries by chemical poisoning;

(iii)

Injuries by grade changes;

(iv)

Injuries by excavations; and

(v)

Injuries by paving.

(b)

Tree protection zone. A circular tree protection zone shall be established around each protected tree as follows:

(i)

If the drip line is less than six (6) feet from the trunk of the tree, the zone shall be that area within a radius of six (6) feet around the tree.

(ii)

If the drip line is more than six (6) feet from the trunk of the tree, but less than twenty (20) feet, the zone shall be that area within a radius of the full drip line around the tree.

(c)

(d)

Fencing of tree protection zone. Prior to the commencement of construction, the developer shall enclose the entire tree protection zone within a fence or similar barriers as follows:

(i)

(iii)

(e)

Permitted activities within tree protection zone.

(i)

(ii)

Sodding and ground cover. Placement of the sod or other ground covers and the preparation of the ground surface for such covers shall be permitted within the tree protection zone.

(7)

Parking reduction for preservation of protected trees.

(a)

(b)

Required Parking Spaces	Maximum Reduction
1—4	0
5—9	1
10—19	2
20 or more	10 percent