Oxford City Zoning Code

ARTICLE 3

0. - USES AND USE CONDITIONS

Sec. 3.1. - Nonconforming Uses.

3.1.1.

Generally. Any parcel of land, any existing use (but not a potential use), easement, structure, sign or eventual conformity or elimination. The fact that a use is allowed in Table 3.3 does not mean that it exists. The use must be actively functioning to be considered a use eligible for conforming or nonconforming status.

3.1.2.

Certificate of zoning compliance required. No nonconforming structure, existing use, lot or feature shall be maintained, renewed, changer, or extended until a certificate of zoning compliance has been issued by the director of planning in accordance with the provisions of section 9.8.

3.1.3.

Nonconforming lots. A legal nonconforming lot is a lot existing legally at the time of the passage of this Code, or the time of annexation into the city's jurisdiction, which does not because of design or dimensions conform to the regulations of the district in which it is situated. A lot established after the passage of this Code which does not conform to regulations of the district in which it is situated shall be considered an illegal nonconforming lot and is a violation of this Code. Legal nonconforming lots may continue only in accordance with the following provisions:

3.1.3.1.

Vacant lots. Vacant lots for which plats or deeds have been recorded in the office of the Register of Deeds for Lafayette County, which fail to comply with the minimum area or other dimensional requirements of the districts in which they are located may be used for any of the uses permitted in the district in which it is located, provided that:

Where the lot area is not more than 20 percent below the minimum specified in this Code, and other dimensional requirements are otherwise complied with, the director of planning is authorized to issue a certificate of zoning compliance.

Where the lot area is more than 20 percent below the minimum specified in this Code or other dimensional requirements cannot be met, the planning commission may, in its discretion, approve as a variance such dimensions as shall conform as closely as possible to the required dimensions.

3.1.3.2.

Recombination of nonconforming vacant lots. When two or more adjacent and vacant nonconforming lots are in single ownership, and either of such lots individually has less frontage or area than the minimum requirements of the district in [which] they are located, these lots will be considered and treated as a single lot for the purposes of this Code. The property owner may choose to resubdivide such lots in conformity with this Code to create two or more legal lots of record.

3.1.4.

Nonconforming uses. A legal nonconforming use is a use existing legally at the time of the passage of this Code, or the time of annexation into the city's jurisdiction, which does not because of use conform to the regulations of the district in which it is located. A use established after the passage of this Code which does not conform to regulations of the district in which it is located shall be considered an illegal nonconforming use and is a violation of this Code. Legal nonconforming uses of land or structures may continue only in accordance with all the following provisions:

3.1.4.1.

Expansion prohibited. A nonconforming use shall not be expanded. Expansion shall include an intensification of use, a physical expansion that results in increased capacity or activity associated with the use, an extension of the hours of operation or number of days of activity and any similar change in activity or location.

3.1.4.2.

Relocation restricted. A nonconforming use shall not be moved from one location on a site to another location on the same site unless the property owner can demonstrate to the satisfaction of the director of planning that the relocation of the use will not increase the impacts of such use on the public, will not adversely affect adjacent properties, and will not have the effect of making the nonconformity more permanent.

3.1.4.3.

Change of use must conform. A nonconforming use shall not be changed to any other use unless the new use conforms to the standards of the zoning district in which it is located. Once a nonconforming use is changed to a conforming use, a nonconforming use shall not be re-established.

3.1.4.4.

Reestablishment restricted. A legal nonconforming use, when discontinued or abandoned, shall not be resumed. Discontinuance or abandonment shall be defined as:

When land used for a legal nonconforming use ceases to be used in a bona fide manner for 30 calendar days.

When a building designed or arranged for a nonconforming use ceases to be used in a bona fide manner as a legal nonconforming use for a continuous period of 180 calendar days.

When a building designed or arranged for a conforming use shall cease to be used in a bona fide manner as a legal nonconforming use for 180 calendar days.

3.1.4.5.

Reversion prohibited. A legal nonconforming use, if changed to conforming use, may not after that revert or be changed back to a nonconforming use.

3.1.4.6.

Structural alterations restricted. No structural changes shall be made in any structure occupied by a nonconforming use except as follows:

Structural changes ordered by an authorized official to ensure the safety of the structure shall be permitted.

Maintenance and repairs to keep a structure in sound condition shall be permitted.

Structural changes necessary to convert the nonconforming use to a conforming use shall be permitted.

An existing nonconforming residential structure may be enlarged or altered provided no additional dwelling units are created. Any such enlargement or alterations shall follow all yard requirements of the district for the use.

The structure and its accompanying use may be moved to another location on the lot so long as the structure meets all applicable requirements of the district.

Expansion of a nonconforming use of a building or structure into portions of the structure that, at the time the use became nonconforming, were already erected and arranged or designed for such nonconforming use is permissible.

3.1.5.

Nonconforming structures, excluding signs. A legal nonconforming structure is a structure, including a building, existing legally at the time of the passage of this Code, or the time of annexation into the city's jurisdiction, which does not because of design or dimensions conform to the regulations of the district in which it is situated. A structure established after the passage of this Code which does not conform to regulations of the district in which it is situated shall be considered an illegal nonconforming structure and is a violation of this Code. Legal nonconforming structures may continue only in accordance with all the following provisions:

3.1.5.1.

Continuation permitted. A nonconforming structure, devoted to a use permitted in the zoning district in which it is located, may continue only in accordance with the provisions of this section.

3.1.5.2.

Repair and maintenance permitted. Normal repair and maintenance may be performed to allow the continuation of a nonconforming structure.

3.1.5.3.

Certain enlargements permitted. Any nonconforming structure may be enlarged if the expansion does not increase the nonconformity.

3.1.5.4.

Changes for conversion permitted. Structural changes necessary to convert the nonconforming use to a conforming use shall be permitted.

3.1.5.5.

Movement restricted. A nonconforming structure shall not be moved unless afterward it conforms to the standards of the zoning district in which it is located.

3.1.5.6.

Repair and restoration restricted. A nonconforming structure destroyed or damaged so that more than 60 percent of its tax value remains, may be repaired or restored if:

A building permit for the repair or restoration is issued within 180 calendar days of the date of the damage and remains valid until the repairs or restoration are complete.

The type of structure conforms to the standards of the regulations for the zoning district in which it is located; however, if the structure is used for the same purpose as before the destruction, the new structure may be rebuilt using the same materials.

The total amount of space devoted to a nonconforming use is not increased, and the degree of nonconformity in the structure is not increased.

3.1.5.7.

Conformation required. If the director of planning determines that the building or structure has been damaged to such an extent that the repair costs will exceed 40 percent of the tax value of the building or structure as it existed before the damage occurred, future use of the building and site must conform to the regulations of the district in which it is located. However, any building or structure listed on the National Register of Historic Places or any building certified as a state historic building may be rebuilt or restored to its original dimensions or the dimensions of the building or structure before such damage occurred, provided such restoration conforms to the Secretary of Interior Standards for Rehabilitation. For the purposes of this section, the extent of damage or destruction shall be determined by comparing the estimated cost of repair or restoration with the current assessed tax value.

3.1.5.8.

Replacement restricted. A nonconforming structure shall not be replaced with another nonconforming structure regardless of the degree of nonconformity.

3.1.6.

Nonconforming signs. A legal nonconforming sign is a sign (together with its supporting structure) existing legally at the time of the passage of this Code, or the time of annexation into the city's jurisdiction, which does not by reason of location, type, design or dimensions conform to the regulations of the district in which it is located. A sign erected or created after the passage of this Code which does not conform to the regulations of the district in which it is situated shall be considered an illegal nonconforming sign and is a violation of this Code. Legal nonconforming signs may continue only in accordance with all the following provisions:

3.1.6.1.

Continuation permitted. Subject to the remaining restrictions of this section, nonconforming signs that were otherwise lawful on the effective date of this Code may be continued. However, a change of occupant, tenant or other site occupying entity requesting sign alterations shall comply with the provisions of this ordinance.

3.1.6.2.

Increase in nonconformity prohibited. No person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming sign. Without limiting the generality of that statement, no nonconforming sign may be enlarged, reduced or altered in such a manner as to increase the nonconformity, nor may illumination be added to any nonconforming sign.

3.1.6.3.

Movement and replacement restricted. A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this section.

3.1.6.4.

Reconstruction limited. If a nonconforming sign structure is destroyed by natural causes, it may not after that be repaired, reconstructed, or replaced except in conformity with all the provisions of this section, and the remnants of the former sign structure shall be cleared from the land. For purposes of this section, a nonconforming sign is "destroyed" if damaged to the extent that the cost of repairing the sign to its former stature or replacing it with an equivalent sign equals or exceeds the value (tax value if listed for tax purposes) of the sign before damage.

3.1.6.5.

Message change permitted. The message of a nonconforming sign may be changed for the occupant, tenant or other site occupying entity as of the adoption date of this Code so long as this does not create any new nonconformities.

3.1.6.6.

Repair limited. Subject to the other provisions of this section, nonconforming signs may be repaired and renovated so long as the cost of such work does not exceed 50 percent of the value (tax value if listed for tax purposes) of such sign as calculated within any 365 calendar day period.

3.1.6.7.

Abandonment. If a nonconforming sign or sign frame remains blank for a continuous period of 180 calendar days, that sign shall be deemed abandoned and shall, within 90 calendar days after such abandonment, be altered to comply with this section or be removed by the sign owner, owner of the property where the sign is located, or other person having control over such sign. For purposes of this section, a sign is "blank" if any of the following criteria apply:

It advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted.

The advertising message it displays becomes illegible in whole or substantial part.

The advertising copy paid for by a party other than the sign owner or promoting an interest other than the rental of the sign has been removed.

3.1.6.8.

Conformity required. The following types of nonconforming signs or signs that are nonconforming in any of the following ways shall be altered to comply with the provisions of this section or removed within 90 calendar days after the effective date of this Code:

Signs advertising an enterprise or activity that is no longer operating or being offered or conducted.

Portable signs and temporary signs.

Signs that are in violation of article 7.

3.1.6.9.

Removal required. Nonconforming signs, if present anywhere on the site, shall be removed before issuance of a change of use permit, certificate of zoning compliance, issuance of a grading permit, or commencement of new construction on the site.

3.1.7.

Nonconforming features. A legal nonconforming feature is a physical characteristic existing legally at the time of the passage of this Code, or the time of annexation into the city's jurisdiction, which does not because of design or dimension conform to the regulations of the district in which it is situated. Nonconforming features include, but are not limited to, physical characteristics of development that exceed allowable maximum standards (e.g. impervious surface, structure height, etc.), and those that lack or fall short of required minimum standards (e.g. sight triangle, off-street parking and loading spaces, buffer width and lighting standards, etc.). A feature added or changed after the passage of this Code which does not conform to regulations of the district in which it is situated shall be considered an illegal nonconforming feature and is a violation of this Code. Legal nonconforming features may be continued subject to the following limitations:

3.1.7.1.

Increase in nonconformity prohibited. No action shall be taken which increases the degree or extent of the nonconformity. Any enlargement, extension, structural alteration, parking changes, and other changes to lot design and access shall conform to all current requirements of this section.

3.1.7.2.

Continuation permitted. For development existing (or for which a vested right had been established) before the effective date of current regulations, nonconforming features created by a change in regulations may continue to exist, and structures with such nonconforming features may be reconstructed if demolished or destroyed.

3.1.8.

Nonconforming accessory uses and structures. No nonconforming accessory use or accessory structure shall continue after the principal use or structure is terminated by abandonment, discontinuance, damage, or destruction unless such accessory use or accessory structure after that is made to conform to the standards for the zoning district in which it is located.

3.1.9.

Nonconforming manufactured home parks.

3.1.9.1.

Expansion prohibited. Nonconforming manufactured home parks may not be expanded or increased in size which shall include adding spaces to the park.

3.1.9.2.

Replacement of park prohibited. When a nonconforming manufactured home park is vacated, the park shall not be reestablished.

3.1.10.

Changes of tenancy and ownership. There may be a change in tenancy or ownership of an existing nonconforming use or structure provided there is no change in the nature or character of such nonconforming use or structure except as permitted in this section.

(Ord. No. 2018-11, 7-17-2018)

Sec. 3.2. - General district regulations.

3.2.1.

Accessory amenity. Accessory amenities may be located in a front or side yard at the discretion of the planning director. See section 3.11.1(k).

3.2.2.

Building orientation. Buildings shall be oriented to the public street from which they take access, unless alternative orientation is approved by the Planning Director.

3.2.3.

Demolition permits. The demolition or removal of any building or structure shall require a demolition permit from the building official and will require a certificate of appropriateness (COA) if in a historic district. A schedule for demolition shall be submitted when required by the building official. Where such information is required, no work shall be done until such schedule is approved.

3.2.4.

Dwelling, above non-residential uses. Upper floors of commercial buildings may be used for residential purposes if the portion of the ground floor of the building which faces the sidewalk or road right-of-way continues to be used or dedicated for business or commercial use, unless otherwise authorized in the applicable zoning district. A portion of the ground floor may also be used for residential garage or storage space, so long as the garage or storage space is located in the rear of the building and is accessed from the side or rear of the building.

3.2.5.

Encroachment provisions.

3.2.5.1.

If roof overhangs or appurtenances not at grade project from the outside wall of a residence no more than three feet, they shall not be considered in the calculation of the setback.

3.2.5.2.

Outside air conditioning units or similar installations shall be setback a minimum of five feet from any property line.

3.2.6.

Erection of more than one principal structure on a lot. In any district, more than one non-residential structure housing a permitted or permissible principal use may be erected on a single conforming lot of record, if the density requirements of this Code are met.

3.2.7.

Exceptions to height regulations. The height limitations contained in the district regulations detailed in article 2 do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, silos, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. Federal Aviation Administration height regulations shall apply within the approach zone to an airport runway.

3.2.8.

Fences, walls, and hedges. Fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard, provided that no fence, wall, or hedge along the side or edge of any yard that fronts on a public street shall be over four feet in height and any fence must allow for visibility. Article 5, Site and Design Standards, may allow taller fences, walls, and hedges to serve as screens in certain circumstances. These requirements do not pertain to retaining walls governed in section 3.2.18 below.

3.2.9.

Flag poles. One flagpole shall be allowed for display of flags at a home or business except that two shall be allowed for each shopping complex containing three or more businesses. A flag pole shall not exceed the height of the tallest building on the site where it is placed or 35 feet, whichever is shorter.

3.2.10.

Front yard depth. In any residential district, any lot lying between two lots where there are existing dwellings on the effective date of this ordinance shall have a front yard equal in depth at least to the average depth of the front yards of the four adjoining lots on either side; provided, however, that no front yard shall be less than 10 feet in depth nor greater than 40 feet.

3.2.11.

Future street lines observed. Front yard depth and, in the case of corner lots, side yard width shall be measured from the future street right-of-way line where such line has been established by a Vision 2037 or an adopted master road plan or on an approved subdivision plat or site plan.

3.2.12.

Garbage, refuse, recycling and debris. All sites under development as well as those already developed must collect, store and dispose of garbage, refuse, recycling and debris per adopted city policy. Furthermore, streets adjacent to sites under development shall be kept free of mud and debris carried on and off site by vehicular traffic.

3.2.13.

International Code Council (ICC) compliance. All new development must meet the minimum requirements of all applicable building codes and appendices as set forth by the International Code Council as adopted by the City of Oxford.

3.2.14.

Junked vehicle storage. To preserve property values and promote a positive community image, the following conditions shall apply to all junked vehicle storage that is accessory to any use within the city. For the purposes of this section, a junked vehicle shall be defined as any vehicle, automotive or marine, that is mechanically inoperable, including any vehicle that is wrecked or partially dismantled, and has been unregistered for a period longer than 30 days. No junked vehicles may be stored on any multi-family residential property. No more than two junked vehicles may be stored outside an enclosed structure. Junked vehicles shall be screened from view of the primary public road right-of-way.

3.2.15.

Parking. Where parking is required by this ordinance, it shall be provided on-site or off-site in an approved parking facility (lot or deck). Parking facilities must meet the standards listed in section 5.4. If one or both spaces are provided in an off-site parking facility, the assigned space must be no further than 200 feet from the home. All off-site and on-site parking must be shown on the approved site plan. Public on-street parking spaces may count toward required parking if located within 200 feet of the development site and approved as a special exception. Also see section 4.9 for general requirements.

3.2.16.

Pedestrian and bicycle access. Pedestrian and bicycle access is encouraged. Development sites will be required to connect to public sidewalks or trails where such abut the site through safe and convenient access points, and to extend public facilities consistent with adopted plans for the area.

3.2.17.

Recreational and storage equipment—Parking, storage, or use. No major recreational equipment shall be parked or stored on any lot in a residential district except in a carport or enclosed building or behind the nearest portion of a building to a street; provided, however that:

3.2.17.1.

Such equipment may be parked anywhere on residential premises for a period not to exceed 24 hours during loading or unloading.

3.2.17.2.

No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.

3.2.17.3.

For purposes of these regulations, major recreational equipment is defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on automotive vehicles), storage trailers, motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.

3.2.18.

Retaining walls.

3.2.18.1.

In all developments of single-family detached dwellings, retaining walls in a side or rear yard shall not exceed six feet in height, and when located in a front yard the height shall not exceed four feet in height.

3.2.18.2.

For all uses other than single-family detached dwellings, retaining walls in a side or rear yard shall not exceed 12 feet in height, and when located in a front yard then the height shall not exceed four feet in height.

3.2.18.3.

Height shall be measured from adjacent grade to top of the wall. Parts of a wall below adjacent grade shall not be included in the measurement of height.

3.2.18.4.

The distance between retaining walls shall be a minimum of 10 feet. On a series of consecutive walls, slopes of finished ground between walls shall be a maximum of 4:1 (horizontal distance to vertical distance) and the ground area between the walls shall be planted with ground cover.

3.2.18.5.

An evergreen buffer shall be planted in front of any retaining wall over six feet tall to provide a 75 percent year-round visual screening at maturity. The evergreen buffer shall consist of shrubs a minimum of four feet in height at planting.

3.2.18.6.

See article 5 (section 5.5.3) for retaining wall design standards.

3.2.19.

Structures to have access. Every building hereafter erected or moved shall be on a lot adjacent to a public street or an approved private drive, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

3.2.20.

Utilities.

3.2.20.1.

Utility installations shall meet all applicable codes and be approved by the city.

3.2.20.2.

All developments and substantial improvements including (single-family homes, apartment complexes, shopping complexes, professional offices, etc.) shall have all utilities installed underground.

3.2.21.

Visibility. On a corner lot in any residential district, nothing shall be erected, placed planted, or allowed to grow in such a manner as materially to impede vision between a height of two and a half and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of the intersection.

(Ord. No. 2021-4, § I, 5-18-2021; Ord. No. 2022-5, § I, 5-17-2022)

Sec. 3.3. - Table of Uses.

3.3.1.

Establishment of Table of Uses. The uses permitted in each zoning district established in article 2 are set forth in Table 3.3. A use must be actively functioning to be considered a use eligible for conforming or nonconforming status. No protections are granted to an unexercised right to a use.

3.3.2.

Determination of use category.

3.3.2.1.

The Director of planning shall decide as to whether any proposed use is permitted within the city's zoning jurisdiction based on the uses listed in the Table of Permitted Uses. Whenever it is not clear whether a proposed use is or is not permitted, the director of planning shall consult the 2012 North American Industrial Classification System (NAICS), as amended, to help decide. Any use not specifically listed in the Table of Uses, and any proposed use not substantially like a listed use as determined by the director of planning shall be deemed to be prohibited.

3.3.2.2.

Where the symbol "P" is shown, the use to which it refers is permitted as a use by right in the indicated district, provided it complies fully with all applicable development standards of this Code including the standards in sections 3.4 to 3.11 for the use.

3.3.2.3.

Where the symbol "S" is shown, the use to which it refers is specially permitted in the indicated district. This means that it is approvable by the staff, using the standard processes and regulations in the Code, subject to additional applicable conditions and requirements provided in sections 3.4 to 3.11; as well as all other applicable regulations of this Code.

3.3.2.4.

Where the symbol "SE" is shown, the use to which it refers may be permitted only if reviewed and approved as a special exception, in accordance with the additional requirements provided in sections 3.4 to 3.11, the special exception provisions set out in article 8, Administration, and upon compliance with the general conditions provided in that section. Special exception uses are subject to all other applicable regulations of this zoning ordinance.

3.3.2.5.

Where a cell is left blank the use to which it refers is not permitted in the indicated district.

3.3.2.6.

Determination of principal use. When multiple principal uses are proposed for a development site, each principal use shall be classified separately by the director of planning, and each shall be subject to all applicable regulations for that use unless such a development site is categorized as a mixed-use site in which case standards for mixed-use development, where they exist, shall control.

3.3.2.7.

Districts not shown. Districts, where uses are governed by a detailed site plan approval process and overlay districts where the underlying district governs uses, are not included in the Table of Uses. These districts are TND, PUD, HP and NC. Refer to article 2 for information and guidance on these districts.

Table 3.3 Table of Uses

P = Permitted S = Special Use SE = Special Exception	Low Intensity			Moderate Intensity				Higher Intensity				Special
P = Permitted S = Special Use SE = Special Exception	Agricultural	Rural Center	Estate Residential	Suburban Residential	Neighborhood Residential	Suburban Multi-Family	Traditional Neighborhood Business	Suburban Center	Suburban Corridor	Urban Center	Urban Corridor	Historic Urban Center	Industrial	Institutional
Zoning District	A	RCN	ER	SR	NR	SMF	TNB	SCN	SCO	UCN	UCO	HUC	IND	INST
RESIDENTIAL USE TYPES (3.5)
Dwellings — Detached	P	P	P	P	S/SE	SE	SE	SE	SE
Dwellings — Zero Lot Line/Patio			SE	SE	S/SE	S/SE	SE	S	S
Dwellings — Townhouse					S	S	SE	S	S	SE	SE	S/SE
Dwellings — Attached					S/SE	S/SE	SE	SE	SE	SE	S/SE
Dwellings — Multi-Family						S/SE	SE	SE	SE	SE	SE	SE
Dwellings — Accessory	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE
Conservation Developments			SE	SE
Residential CID	S		S	S	S	S				SE	SE
Manufactured Home Developments	SE					SE
INSTITUTIONAL USE TYPES (3.6)
Assisted Living Facilities			SE	SE	SE	SE	SE	SE	SE	SE	SE
Care Centers and Care Homes	S/SE	SE	SE	SE	SE	SE	SE	S	S	SE	SE
Cemeteries and Columbariums	SE									SE	SE			P
Convalescent, Rest, and Nursing Homes			SE	SE	SE	SE	SE	SE	SE
Group Care Homes and Facilities			SE	SE	SE	SE	SE	SE	SE
Life Care Communities			SE	SE		SE		SE	SE
Municipal Buildings and Facilities	S	S	S	S	S	S	S	S	S	S	S	S		S
Public Buildings and Facilities	SE	S	SE	SE	SE	S	SE	S	S	S	S	S	S	S
Religious Assembly Uses	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE
Schools — Preschool/Kindergarten	SE	SE	SE	SE	SE	SE	SE	P	SE					P
Schools — Elementary or Middle	SE	SE	SE	SE	SE	SE		SE	P					P
Schools — High School	SE		SE	SE										P
Schools — Post Secondary	SE	SE					SE	P	P	P	P
RECREATIONAL USE TYPES (3.7)
Firing Ranges	S							SE	SE					S
Open Space (Active) Public or Private	S	S	S	S	S	S	S	S	S	S	S			S
Open Space (Passive) Public or Private	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Private Recreational Clubs or Facility	S/SE		S/SE	S/SE	SE	S/SE		S/SE	S/SE	SE	SE
COMMERCIAL USE TYPES (3.8)
Banks and Credit Unions		S/SE				S	S/SE	S	S	S	S	S
Bed and Breakfast Establishments	SE	SE	SE	SE	SE
Grocery Stores		P					P/SE	P/SE	P/SE	SE	SE
Hotels, Motels, or Inns						SE	S/SE	S	S	S	S	S
Offices — Professional		S				S	S	P	P	P	P	P
Recreational Uses, Commercial — Indoor	S					S	S	S	S	SE	SE
Recreational Uses, Commercial — Outdoor	SE						SE	SE	SE
Recreational Vehicle Parks	SE					SE
Restaurants		S/SE				SE	S/SE	S	S	S	S	S	SE
Retail Sales — Inside only	S	S/SE				SE	S/SE	S/SE	S/SE	S/SE	S/SE	P	SE
Retail Sales with Outside Displays		S/SE					S/SE	S/SE	S/SE	S/SE	S/SE
Service Stations		S/SE					SE	S	S	S	S		S
Small Craft Brewery							SE	S	S	S	S	SE	S
Theaters							S	S	S	S	S	S
Vehicle Repair and Maintenance	SE	SE					SE	SE	SE	SE	SE		S
SERVICE USE TYPES (3.9)
Medical Cannabis Establishment	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE
Medical Facilities	S	S				SE	S	S	S	S	S	S
Mortuaries and Funeral Homes	SE	SE					SE	P	P	SE	SE
Studios — Art, Craft, Music, Dance		S				SE	S	S	S	S	S	S
Other Service Uses — Indoor Only		S				SE	S	S	S	S	S	S	S
INDUSTRIAL USE TYPES (3.10)
Crematoriums								SE	SE				P
Manufacturing Uses													S
Self-Storage Facility	SE							SE	SE				P
Truck Terminals													P
Warehouses													P	P
Wholesale Sales										SE	SE		P
OTHER USE TYPES (3.11)
Accessory Uses or Structures (Excluding Dwellings)	S	S	S	S	S	S	S	S	S	S	S	S	S	S
Agriculture	P		S	S										P
Forestry	P													P
Gated Entries	SE	SE	SE	SE	SE	SE	SE	SE	SE	SE	SE	SE	SE	SE
Heliports													S	S
Home Occupations	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE
Mixed-Use and Non-Residential Common Interest Development							S	S	S	S	S		S
Temporary Uses	S	S	S	S	S	S	S	S	S	S	S	S	S	S
Wireless Communication Facilities	S	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	SE	S	S
Use of Unenclosed Rooftops							SE	SE	SE	SE	SE	SE

(Ord. No. 2018-11, 7-17-2018; Ord. No. 2018-18, § II, 9-18-2018; Ord. No. 2018-21, § II, 10-16-2018; Ord. No. 2018-26, § I, 12-18-2018; Ord. No. 2022-5, § I, 5-17-2022; Ord. No. 2022-7, § I, 6-7-2022)

Sec. 3.4. - Use standards.

The following list provides definitions, districts permitted, parking standards, loading standards, and additional standards for uses noted in Table 3.3, Table of Uses. Special exception uses must also meet additional criteria included in article 8, Administration.

Sec. 3.5. - Residential use types.

3.5.1

Dwellings—Detached.

3.5.1.1.

Definition: A freestanding structure (including modular dwellings) for human habitation that is designed as a single dwelling, which is not attached to any other dwelling by any means.

Occupancy limitations for dwellings are governed, and are subject to the limitations established in chapter 87, article IV, section 87-61 of the City of Oxford Code of Ordinances.

3.5.1.2.

Districts permitted:

Detached dwellings are permitted uses in the AG, RCN, ER, and SR; and in NR when five or fewer dwellings are proposed in a development.

Detached dwellings in developments of more than five dwellings are special uses in NR when 25 percent or fewer of the dwellings proposed have four bedrooms.

Detached dwellings in developments of more than five dwellings are special exceptions in the SMF, TNB, SCN, SCO; and in NR when more than 25 percent of the dwellings proposed have four bedrooms; and in NR if any dwellings proposed are more than four-bedroom units.

3.5.1.3.

Parking:

Required parking.

Dwellings on individual lots—Two spaces per unit.

II.

Dwellings in RCID.

One-, two- and three-bedroom units—Two spaces per unit.

Four-bedroom unit—One space per bedroom.

One guest space for every three units.

3.5.1.4.

Loading: None.

3.5.1.5.

Additional standards: None.

3.5.2.

Dwellings—Detached, zero lot line (patio homes).

3.5.2.1.

Definition: A type of detached structure designed for human habitation constructed with one or more walls located upon or near a side or rear lot line (also referred to as "patio homes"). (See also Residential Common Interest Developments.) Occupancy limitations for dwellings are governed, and are subject to the limitations established in chapter 87, article IV, section 87-61 of the City of Oxford Code of Ordinances.

3.5.2.2.

Districts permitted:

Zero lot line dwellings are special uses in the NR and SMF districts when three-bedroom or fewer dwelling units are proposed; and in NR and SMF when 25 percent or fewer of the dwellings proposed have four bedrooms.

Zero lot line dwellings are special exceptions in the ER, SR, TNB, SCN, SCO districts; and in NR and SMF if more than 25 percent have four bedrooms; and in NR and SMF if any dwellings proposed are more than four-bedroom units.

3.5.2.3.

Parking: See section 4.9 for general requirements.

Required parking.

Dwellings on individual lots—Two spaces per unit.

II.

Dwellings in RCID.

One-, two- and three-bedroom units—Two spaces per unit.

Four-bedroom unit—One space per bedroom.

One guest space for every three units.

3.5.2.4.

Additional standards:

Front yard build-to/setback. The front yard build-to line or setback shall be determined by the requirements of the underlying zoning.

Side yard setback. The side yard setback shall measure a minimum of ten feet along one side of the lot between the side lot line and the surface of the side building wall. No overhang, windows, doors or other openings shall be permitted on this side. No minimum side yard is required for the other side of the principle structure.

Where adjacent dwellings are not constructed against a common lot line, the developer must provide a perpetual wall maintenance easement measuring five feet along the adjacent lot and parallel with such wall. In no case may a zero lot line dwelling be built closer than ten feet to the lot line of a lot zoned in a different residential district.

Rear yard setback. Rear yards shall measure a minimum of ten feet between the rear lot line and the surface of the rear building wall. Unattached accessory structures may be located a minimum of five feet from a rear or side lot line, but may not be located closer than 60 feet to the front lot line.

Minimum lot width. The minimum lot width shall be 40 feet measured at the building setback line.

Minimum lot area. The minimum lot size shall be 3,200 square feet in all permitted districts.

Maximum building height. The maximum building height shall be 30 feet.

Buffer area. Where the adjoining land is not under the ownership of the developer of the zero lot line project, a ten-foot side yard or a 25-foot rear yard shall be maintained between the zero lot line project and adjoining land. Where adjoining land is not owned by the same person owning the development site, a buffer must be maintained. The buffer must contain a minimum side yard buffer of ten feet and a 20-foot rear buffer between the project and the adjoining land.

Window and door openings. No window or door openings shall be permitted along the exterior wall of the structure facing a side yard.

Rooflines may not overhang the property line.

Maximum impervious surface coverage is limited to 60 percent.

Density established by the underlying district.

3.5.3.

Dwellings, attached, townhouse.

3.5.3.1.

Definition: A structure designed for human habitation containing dwellings (normally 2—3 stories) that are attached, usually via a common vertical side wall, to other such dwelling units. Also called a "row house." (See also residential common interest developments.) Occupancy limitations for dwellings are governed, and are subject to the limitations established in chapter 87, article IV, section 87-61 of the City of Oxford Code of Ordinances.

3.5.3.2.

Districts permitted:

Townhouses are special uses in NR, and SMF when three-bedroom or fewer dwelling units are proposed; and in NR and SMF when 25 percent or fewer of the dwellings proposed have four bedrooms.

Townhouses are special exception uses in TNB, SCN, SCO, UCO, UCN, and HUCN; and in NR, and SMF when more than 25 percent of the dwellings proposed have four bedrooms; and in NR and SMF if any dwellings proposed are more than four-bedroom units.

3.5.3.3.

Parking:

Required unit parking.

One-bedroom unit (including studio)—One space per unit.

II.

Two- and three-bedroom unit—Two spaces per unit.

III.

Four-bedroom unit—One space per bedroom.

Required guest parking.

One- and two-bedroom unit (including studio)—One space for every three units.

II.

Three- or more bedroom unit—One space per unit.

3.5.3.4.

Additional standards:

Townhomes shall have no more than six contiguous attached units built in a row.

Unless a greater setback is required with a zoning district, a minimum setback of 50 feet is required from any side and rear property lines abutting residential uses in an TER or SR district.

3.5.4.

Dwellings, attached: Duplex, triplex, or quadplex.

3.5.4.1.

Definition: A structure designed for human habitation containing dwellings attached to one to three other dwellings (duplex (two-unit), triplex (three-unit), or quadraplex (four-unit) by common walls that may be horizontal or vertical. No more than two attached dwelling units in such a structure may be at ground level. The individual dwellings in such structures are usually of similar size. (See also residential common interest developments.) Occupancy limitations for dwellings are governed, and are subject to the limitations established in chapter 87, article IV, section 87-61 of the City of Oxford Code of Ordinances.

3.5.4.2.

Districts permitted:

Attached dwellings are special uses in NR and SMF when three-bedroom or fewer bedroom dwelling units are proposed; and in NR and SMF when 25 percent or fewer of the dwellings proposed have four bedrooms.

Attached dwellings are Special Exception uses in NR and SMF when more than 25 percent of dwellings proposed have four bedrooms; and in NR and SMF if any dwellings proposed are more than four-bedroom; and when proposed in TNB, SCN, SCO, UCN, UCO and HUCN.

3.5.4.3.

Parking:

Required unit parking.

One-bedroom unit (including studio)—One space per unit.

II.

Two- and three-bedroom unit—Two spaces per unit.

III.

Four-bedroom unit—One space per bedroom.

Required guest parking.

One- and two-bedroom unit (including studio)—One space for every three units.

II.

Three- or more bedroom unit—One space per unit.

3.5.4.4.

Loading: None.

3.5.4.5.

Additional standards:

Attached dwellings must have an architectural appearance and massing like a large single family home common to the neighborhood in which they are located.

The main entrance to attached dwelling units shall be directly from and face the street. Each ground floor unit must be accessed through a single main entrance. Second story units may be accessed through the main entrance or by an exterior stairway that does not face a public street. Duplexes on corner lots may be designed so that each side facing the public street is a front facade, and each dwelling has primary pedestrian and automobile access from a different street.

Trash and recycling receptacles must be located on a portion of the lot not visible from the public street.

When a development with attached dwellings backs into an existing street of detached dwellings it must propose lots of similar size as the abutting lots, and no more than 50 percent attached dwellings.

Attached dwellings in NR shall be a special use with up to 25 percent [having] four bedrooms, otherwise a special exception.

Duplexes in NR shall be a special exception when more than 25 percent of the units are proposed to be three bedrooms, or when any units are proposed to have four bedrooms.

3.5.5.

Dwellings—Multi-family.

3.5.5.1.

Definition: A structure designed for human habitation containing more than four attached dwellings. (See also residential common interest developments.) Occupancy limitations for dwellings are governed, and are subject to the limitations established in chapter 87, article IV, section 87-61 of the City of Oxford Code of Ordinances.

3.5.5.2.

Districts permitted:

Multi-family Dwellings are special uses in the SMF district when three-bedroom or fewer dwelling units are proposed; and in SMF when fewer than 25 percent of the dwellings proposed have four bedrooms; and when located on the upper floors of mixed-use buildings in TNB, SCN, SCO, UCN, UCO, and HUCN when 25 percent or fewer of the dwellings proposed have four bedrooms.

Multi-family dwellings are special exceptions in SMF when more than 25 percent of the dwellings proposed have four bedrooms; and when located on upper floors of mixed-use buildings in TNB, SCN, SCO, UCN, UCO, and HUCN when more than 25 percent of the dwellings proposed have four bedrooms; and in TNB, SCN, SCO, UCN, UCO, and HUCN when multi-family dwellings are proposed to be located on the ground floor.

Multi-family dwellings with more than four bedrooms are not allowed.

3.5.5.3.

Parking: See section 4.9 general requirements.

Required unit parking.

One bedroom unit (including studio) or age restricted developments (55+)—One space per unit.

II.

Two- and three-bedroom unit—Two spaces per unit.

III.

Four-bedroom unit—One space per bedroom.

Required guest parking.

One- and two-bedroom unit (including studio) or age restricted developments (55+)—One space for every three units.

II.

Three or more bedroom unit—One space per unit.

3.5.5.4.

Loading: None.

3.5.5.5.

Additional standards:

Trash and recycling receptacles must be located on portions of the site not visible from the public street and must be screened from dwelling units on at least three sides.

On infill development sites in residential districts or when abutting an established residential area sharing a public street, multi-family buildings shall be designed to blend in with surrounding single-family residential buildings to the maximum extent practicable with regards to building design, setbacks, driveway and garage design and location, porches, and sidewalks.

Signage. Multi-family residential complexes may have one monument sign not to exceed eight feet in height and 24 square feet in sign area for each street frontage where an entry drive is located, and one wall sign not to exceed 20 square feet in sign area. Alternatively, the master sign plan option in section 7.1 may be used. For a complete list of additional sign requirements, please refer to article 7, sign regulations.

Site design. Site designs shall create a sense of "neighborhood" and shall meet all the following requirements:

Buildings shall be sited with front entrances and porches oriented toward streets, drives, and plazas, rather than clustered around parking lots. In no case shall rear garages and rear facades face primary streets.

ii.

An internal vehicular circulation system for private streets, when included, shall be reflective of a single-family residential street system.

iii.

Parking lots shall be located behind or under buildings, except where it is deemed appropriate to use a parking lot as a buffer from an arterial street, or where such parking area will directly abut a property line exterior to the development site when located in or adjacent to a residential district of lower density.

iv.

Walkways shall connect all buildings with parking areas, play areas, clubhouses, and existing public sidewalks adjacent to the development site.

Plazas, clubhouses, pools, and recreational facilities shall be centrally located when provided.

Unless a greater setback is required with a zoning district, a minimum setback of 50 feet is required from any side and rear property lines abutting ER, SR, or NR district.

3.5.5.6.

Residential bonus. In a mixed-use development in the SMF, TNB, SCN, and SCO districts a residential use bonus allowing up to (and no more than) 65 bedrooms per acre may be considered by special exception. A finding must be made that special conditions and circumstances exist which are peculiar to the land, structure, or building(s) involved and which are not applicable to other lands, structures, or buildings in the same district.

3.5.6.

Dwellings—Accessory.

3.5.6.1.

Definition: A dwelling that is smaller than and subordinate to a primary dwelling on a lot, such as a garage apartment, basement or attic apartment, or guest house.

3.5.6.2.

Districts permitted: This use is a special use AG, RCN, ER, SR, NR and SMF [districts] if it meets all standards below in [section] 3.5.6.5. In addition, a sign shall be posted in the yard of the home for 14 days indicating that an accessory dwelling unit is being proposed. If an objection to the use is received by the planning department, the use shall be considered as a special exception. A proposal not meeting [section] 3.5.6.5.h, or that is proposed for use as a rental unit may be considered by special exception.

3.5.6.3.

Parking: One off-street parking space must be provided at the side or rear of the lot for each bedroom proposed in the accessory dwelling unit; unless determined by the director of planning to be unnecessary given the amount of parking available on the street. See section 4.9 for general requirements.

3.5.6.4.

Loading: None.

3.5.6.5.

Additional standards:

The accessory dwelling unit cannot exceed 50 percent of the gross floor area of the principal dwelling or 1,000 square feet (whichever is less) or contain more than two bedrooms.

The accessory dwelling must be a complete living space with kitchen and bathroom facilities.

No more than two persons may reside in an accessory dwelling unit.

The accessory dwelling may be accessory only to a detached single-family dwelling or townhouse and not more than one such dwelling shall be allowed per principal dwelling.

All accessory dwelling units (ADU) shall conform to the applicable side and rear setback requirements of this Code for accessory structures. They shall also conform to all use, design and landscaping standards applicable to the primary dwelling and structure except that where accessed by an alley, the structure may be located 15 feet from the rear property line. When an existing legal and conforming accessory structure is being converted into an ADU, the new ADU must meet all applicable building and fire code requirements.

The design of the accessory dwelling shall be in harmony with the principal dwelling regarding massing, materials, and location.

If located in an accessory structure, the accessory dwelling must be in the rear yard and meet the side and rear yard requirements of the district.

The lot must be over 10,000 square feet. The use may be proposed on a lot of 5,000 to 10,000 square feet by special exception.

The accessory dwelling shall not be separately metered unless required by the electric utility provider.

The primary dwelling must be owner occupied and evidence must be presented such as a homestead exemption certificate that the dwelling is the primary residence of the owner.

For approval as a special use the application requires a restrictive covenant registered with the chancery clerk stating that the use will comply with all standards in section 3.5.6 of the Code, that the primary dwelling on the property will be owner occupied, and that the accessory dwelling will be used only for family members, guests, or employees (such as caretakers), not for rentals.

For approval as a special exception the application requires a restrictive covenant registered with the chancery clerk stating that the use will comply with all standards in section 3.5.6 of the Code, and that the primary dwelling on the property will be owner occupied.

The planning department shall keep a record of all approved accessory dwelling unit permits.

3.5.7.

Conservation developments.

3.5.7.1.

Definition: A development design option that concentrates buildings on lots smaller than otherwise allowed in the zoning district in specific areas on the site to allow the remaining land to be used as a buffer or for recreation, common open space, and preservation of environmentally sensitive features while maintaining the overall designated density of the zoning district.

3.5.7.2.

Districts permitted: Conservation developments are special exceptions in the ER and SR districts.

3.5.7.3.

Parking: Two parking spaces per dwelling are required. See article 4 for general requirements. See section 4.9 for general requirements.

3.5.7.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.5.7.5.

Additional standards:

All lots within the development shall be accessed solely by interior streets, except that lots used for permitted non-residential uses may have driveway access to adjacent streets if approved by the city.

No non-residential use in the development shall be permitted within 150 feet of the perimeter of the development site unless the adjacent zoning district permits such use.

The overall density of the conservation subdivision shall not exceed the density authorized for the zoning district where it is located unless otherwise authorized in this Code. Open space land created through clustering shall be dedicated for perpetual open space and may be used for recreation.

Permanent open space conserved as part of the conservation subdivision shall be designed to serve as a buffer to mitigate potential impacts of clustering on adjoining properties, and, at the discretion of the director of planning, serve one of the other stated purposes (i.e. recreation, common open space, and preservation of environmentally sensitive features) for conservation subdivisions.

The minimum lot size and interior lot setbacks may not be reduced to less than 50 percent of the minimum lot size and setbacks for the district in which the conservation subdivision is located.

3.5.8.

Residential common interest developments (RCID).

3.5.8.1.

Definition: A development of residential dwellings whether detached or attached, that may or may not have mixed types of dwellings; and may contain individual lots or have a common ownership of property; that will always have elements owned or controlled in common. There may be individual ownership of the residence, and sometimes the land upon which it is built; or alternatively common ownership of dwellings and common areas, where dwellings function as rental properties. Common areas may include, but are not limited to: Roads, sidewalks, stormwater facilities, playgrounds, clubhouses and other amenities, parks, green spaces, and conservation land.

3.5.8.2.

Districts permitted: Residential common interest developments are special uses permitted in the AG, ER, SR, NR, and SMF districts.

3.5.8.3.

Parking: Minimum parking standards are established by specific use within the development. See standards for each proposed use for details and article 4 for general requirements. See section 4.9.

3.5.8.4.

Loading: None.

3.5.8.5.

Additional standards:

There may be individual ownership of the residence, and sometimes the land upon which it is built; or alternatively common ownership of all dwellings and common areas, where the dwellings function as rental properties.

Common areas may include, but are not limited to: Roads, sidewalks, stormwater facilities, playgrounds, clubhouses and other amenities, parks, green spaces, and conservation land.

Development standards: Shall follow the standards of the underlying zoning district; but in no instance shall building separation be less than ten feet.

If individual ownership of the dwellings is intended, common ownership documents with provisions for a property owners' association must be provided before final approval that must include:

Projected date of organization.

ii.

Organizational structure, including planned timeline for transfer of control from the developer to the association.

iii.

Diagram of areas to be held in common.

iv.

Initial estimated fees for the proper function of the association.

Plan for collective shared maintenance of common areas including stormwater detention facilities.

3.5.9.

Manufactured home developments.

3.5.9.1.

Definition: A parcel of land upon which spaces are rented or leased for placement of two or more manufactured homes.

3.5.9.2.

Districts permitted: Manufactured home developments are special exceptions in the AG and SMF districts.

3.5.9.3.

Parking: A minimum of two spaces for each lot or pad is required. See section 4.9 for general requirements.

3.5.9.4.

Loading: None.

3.5.9.5.

Additional standards:

Size. The minimum size of a manufactured home park shall be four acres. The maximum size of a manufactured home park shall be six acres.

Access. Each manufactured home park shall have access to a street of sufficient size to allow movement of the homes into and out of the park without crossing or disturbing adjacent property.

Required improvements. All manufactured home parks are required to have all the following improvements:

Every home lot shall contain at least 2,500 square feet of area. A clearance of at least 20 feet shall be provided between adjacent homes and between homes and other structures. No home shall be closer to the property line than the required building setback for the district in which the manufactured home park is located.

ii.

Each home lot shall have a pad to accommodate the home. The pad shall be graded to obtain adequate surface drainage and shall provide an adequate foundation and anchoring facilities to secure the home against any accidental movement. The material used in constructing the pad shall be durable and capable of supporting the expected load regardless of the weather. Individual connections shall be provided at each pad for water, sewerage, electricity, telephone, gas, and other services.

iii.

Each manufactured home park shall be provided with an easily accessible recreation area of 2,500 square feet, or 100 square feet per home pad, whichever is larger.

iv.

Manufactured home developments must meet all pertinent city standards for roads, circulation, walkways, lighting, water and sewage connections, fire protection, solid waste removal, and electrical service.

All interior roads must provide convenient and safe vehicular circulation.

vi.

All areas where pedestrian traffic is expected to be concentrated must have walkways at least five feet wide.

vii.

Adequate night lighting meeting the requirements of section 5.5 must be provided for all streets, walkways, buildings, and other facilities subject to nighttime use.

Performance requirements. The granting of a manufactured home development as a special exception shall be dependent upon the applicant constructing and maintaining the development as shown on the approved site plan. An increase in the number of home pads above that shown in the plan or the failure to provide and maintain any of the required improvements shall constitute a violation of this Code.

(Ord. No. 2018-11, 7-17-2018; Ord. No. 2018-26, § I, 12-18-2018; Ord. No. 2018-18, § II, 9-18-2018; Ord. No. 2021-1, § 1, 2-2-2021; Ord. No. 2022-5, § I, 5-17-2022; Ord. No. 2024-6, § I, 5-7-2024; Ord. No. 2025-2, § I, 1-21-2025)

Sec. 3.6. - Institutional use types.

3.6.1.

Assisted living facility.

3.6.1.1.

Definition: A type of housing and limited care that is designed for senior citizens or those with physical or mental disabilities who need some assistance with daily activities but do not require full-time care in a nursing home.

3.6.1.2.

Districts permitted: Assisting living facilities are special exceptions in the ER, SR, NR, SMF, TNB, SCN, and SCO districts.

3.6.1.3.

Parking: One space is required every two employees plus one visitor space for each four beds. See section 4.9 for general requirements.

3.6.1.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.6.1.5.

Additional standards: Assisting living facilities in the ER, SR, and NR districts shall accommodate no more than 50 residents.

In ER, SR, and NR shall accommodate no more than 50 residents.

Must be located on an arterial street and have a minimum lot size of three acres.

3.6.2.

Care centers and care homes.

3.6.2.1.

Definitions:

Care home: A private establishment meeting all state requirements for the care of up to four persons which provides shelter and personal care regardless of age for any part of the 24-hour day.

Care center: A place meeting all state requirements which provides shelter and personal care for five or more persons regardless of age for any part of the 24-hour day, whether such place be organized or operated for profit or not.

Daycare facility: A facility providing care, protection, and supervision of children or adults on a regular basis away from their primary residence. Care is typically provided to a given individual for fewer than 18 hours each day, although the facility may be open 24 hours each day.

3.6.2.2.

Districts permitted:

Care Homes are a Special use in AG, SCN, and SCO; and a Special Exception use in ER and SR;

Care Centers are a Special Use in SCN and SCO; and a Special Exception use in AG, RCN, NR, SMF, and TNB;

Daycare Facilities are a Special Use in the UCN, UCO, SCO, SCN and INST, and a Special Exception use in the HUCN, TNB, SMF, NR, and SR.

3.6.2.3.

Parking: One space is required for each employee, and one space for each five enrolled persons at maximum capacity. See Section 4.9 for general requirements.

3.6.2.4.

Loading: No use-specific requirement. See Article 4 for general requirements.

3.6.2.5.

Additional standards:

Sufficient queueing space, as determined by the City Engineer, must be provided to safely allow for drop-off/pick-up that does not back-up into a City street. Drop-off and pick-up areas must be shown on the site plan and approved as part of the permitting process.

Space requirements shall be as stipulated by the Mississippi State Board of Health and the International Building Code, or other appropriate state or federal agency.

Outdoor play and recreation areas shall be located behind the front building line in the rear yard or side yard only.

Unless specifically authorized by the Planning Commission as a special exception, outdoor activities are limited to the hours of 8:00 a.m. and 8:00 p.m.

Care of a person shall not exceed 12 1/2 hours for any part of the 24-hour day, although care services may be provided up to 24 hours a day.

Care Home Additional Standards: The owner of a Care Home must reside in the Home and the use must be:

Clearly incidental to the residential use of the dwelling and must not change the essential residential character of the dwelling; all building and lot standards for residential dwellings shall be maintained.

ii.

Staffed by persons residing in the dwelling in which the care is located except that up to one non-resident may report to work at the home.

iii.

In a structure originally constructed as and designed for a single-family dwelling which shall remain the principal use on the lot. The structure shall not be altered in any manner which diminishes its value as a single-family dwelling or which changes its exterior residential character.

3.6.3.

Cemeteries and columbariums.

3.6.3.1.

Definitions:

Animal cemetery: A tract of private land divided into plots for the interment of a dead animal in compliance with applicable state statutes and city ordinances; which may or may not include a columbarium.

Human cemetery: A tract of land, private or public, divided into plots for the interment of deceased humans in compliance with applicable state statutes and city ordinances; which may or may not include a columbarium.

Columbarium: A facility for the interment of cremated remains.

3.6.3.2.

Districts permitted:

Cemeteries and columbariums are permitted uses in the INST district.

Cemeteries and columbariums are special exceptions in the AG district.

3.6.3.3.

Parking: No use-specific requirement. See article 4 for general requirements.

3.6.3.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.6.3.5.

Additional standards:

Tombstones, crypts, monuments, columbariums, and mausoleum spaces must be located at least 50 feet from any street right-of-way line or abutting property. Greater setbacks shall be observed if otherwise required by the zoning district in which it is located. Gravesites shall also be set back at least 20 feet from any side or rear lot lines.

Sales of crypts, columbarium niches, and plots shall be allowed as an accessory use on premises for cemeteries that are a principal use only. No building in conjunction with such sales shall be located closer than 20 feet from any side lot line abutting a residential district and 40 feet from any such rear lot line. Greater setbacks shall be observed if otherwise required by the zoning district in which it is located.

A minimum of three acres shall be needed for a new principal use.

Cemeteries may be permitted accessory to places of religious assembly (See section 3.6.9) provided they meet the setback requirements listed in subsections 3.4.12.4.a. and b. Columbariums may be permitted accessary to places of religious assembly provided they meet the setbacks requirements for the principal structure.

3.6.4.

Convalescent, rest, and nursing homes.

3.6.4.1.

Definition: A health facility where persons are housed and furnished with medical and/or nursing care for short or long stays.

3.6.4.2.

Districts permitted: Convalescent, rest, and nursing homes are special exceptions in the ER, SR, NR, SMF, TNB, SCN, and SCO districts.

3.6.4.3.

Parking: Parking shall be provided at a rate of one space for each eight beds plus one space for each two employees. See section 4.9 for general requirements.

3.6.4.4.

Loading: No use-specific requirement. See section 4.9 for general requirements.

3.6.4.5.

Additional standards:

Facilities in the ER, SR, and NR districts shall accommodate no more than 50 residents.

Facilities must provide a separate entry for patients being delivered by ambulance.

Must be located on an arterial street and have a minimum lot size of three acres.

3.6.5.

Group care home or facility.

3.6.5.1.

Definition: A facility or dwelling unit housing persons unrelated by blood or marriage and operating as a group family household. A group care facility may include halfway houses, recovery homes, and homes for orphans, foster children, the elderly, and battered women and children. It would include a specific treatment providing less than primary health care.

3.6.5.2.

Districts permitted: Group care homes and facilities are special exceptions in the ER, SR, NR, SMF, TNB, SCN, and SCO districts.

3.6.5.3.

Parking: One parking space is required for each employee and one for each three residents aged 18 and older licensed to drive. See section 4.9 for general requirements.

3.6.5.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.6.5.5.

Additional standards:

Group care homes. Group care homes must be in a structure originally constructed as and designed for a single-family dwelling which is the principal structure on the lot. The structure must not be altered or the site used in any manner which diminishes its value as a single-family dwelling or which changes its exterior residential character.

Group care facilities. A facility serving individuals who are deemed to be a danger to themselves or others must be identified by the applicant during site plan review. Facilities may not serve more than 20 residents; however, to protect the health and safety of the community, the planning commission has the right to further restrict the location of facilities and the number of residents and to require increased buffering, screening, and fencing.

A group care facility must be located on an arterial street and have a minimum lot size of three acres.

3.6.6.

Life care communities.

3.6.6.1.

Definition: A type of continuing care retirement community that provides independent living, assisted living and nursing home care. Such facilities require a long-term, upfront financial commitment that, in turn, guarantees housing, services, and nursing care all in one location through the end of life.

3.6.6.2.

Districts permitted: Life care communities are special exceptions in the ER, SR, SMF, SCN, and SCO districts.

3.6.6.3.

Parking: One space is required for each dwelling unit in the independent living facility, one space for each five bedrooms in the assisted living facility, one space for each ten beds in the nursing home care facility; plus one space for each two employees and a minimum of ten spaces for visitors. See section 4.9 for general requirements.

3.6.6.4.

Loading: No use-specific requirement except that a separate entrance for loading or unloading ambulances or other emergency vehicles must be provided. See article 4 for general requirements.

3.6.6.5.

Additional standards:

All land used for the community shall be contiguous and shall not be divided or transected by public roads, private roads granting an easement(s) to tracts of land not located in the community, or natural features which would visually or functionally divide the development.

Accessory buildings shall only include accessory dwellings containing no more than four dwelling units or recreation centers and similar facilities, dining halls, and maintenance buildings. All other buildings shall be principal buildings the use of which shall be for single-family dwellings, multi-family dwellings, congregate or nursing care.

All structures shall be limited in occupancy to persons aged 55 years or older, the physically handicapped, and their spouses except for rooms or units occupied by resident staff personnel performing duties directly related to the operation of the facility.

Driveway access to accessory structures shall be through the main entrance to the community.

Sidewalks meeting city standards shall be provided between accessory dwellings, the principal building, and all common facilities such as dining halls and recreation centers.

Principal and accessory buildings shall be predominately designed and constructed with architectural features common to residential structures including, but not limited to, the following features: Roof pitch, façade material, and size, type and placement of windows and doors.

No single building shall be greater than 40,000 square feet if located within 500 feet (as measured in any direction from the closest point) from an adjacent residentially zoned lot.

No site shall have a density greater than eight units per acre for accessory single-family dwellings. For the purposes of calculating density, all land lying underneath and within 20 feet of any congregate care or nursing care facility and all loading/unloading, garbage collection, and parking areas associated with congregate care or nursing care facilities shall be excluded from the total acreage.

Must take access from an arterial street and have a minimum lot size of three acres.

3.6.7.

Municipal public buildings and facilities.

3.6.7.1.

Definition: A City of Oxford owned or managed building (used for purposes such as, but not limited to, administrative functions, police or fire stations, or libraries); or a structure or other facility used for infrastructure related municipal uses (such as but not limited to sewer lift stations, electric utility substations, water tower, and water pump facilities).

3.6.7.2.

Districts allowed: Special use in all zoning districts.

3.6.7.3.

Parking: No use-specific requirement. See section 4.9 for general requirements.

3.6.7.4.

Loading: No use-specific requirement. See section 4.9 for general requirements.

3.6.7.5.

Additional standards:

Municipal buildings in the TNB district must not exceed 15,000 square feet.

Municipal buildings in ER and SR and NR districts must not exceed 10,000 square feet.

Whenever feasible, infrastructure facilities should be located away from streets and may be located on lots without road frontage that are accessible solely across another property through an easement access.

Where visible from a public or private street, municipal facilities must be screened from view by fencing or evergreen shrubs or trees.

3.6.8.

Public buildings and facilities.

3.6.8.1.

Definition: A building used for local (other than City of Oxford), state, or federal government uses (used for purposes such as, but not limited to, administrative functions, sheriff or emergency offices, or libraries); or a structure or other facility used for local (other than City of Oxford), state, federal government, or quasi-governmental entities infrastructure related uses (such as but not limited to sewer lift stations, electric utility substations, water tower, and water pump facilities).

3.6.8.2.

Districts allowed:

Public facilities are permitted uses in the public facilities are special uses in the UCN, UCO, HUC, IND, INST, RCN, SMF, SCN, and SCO districts.

Public facilities are special exceptions in the AG, ER, SR, NR, and TNB districts.

3.6.8.3.

Parking: No use-specific requirement. See section 4.9 for general requirements.

3.6.8.4.

Loading: No use-specific requirement. See section 4.9 for general requirements.

3.6.8.5.

Additional standards:

Public buildings in the TNB district must not exceed 15,000 square feet.

Infrastructure facilities should be located away from streets and may be located on lots without road frontage that are accessible solely across another property through an easement access.

Where visible from a public or private street, public facilities must be screened from view by fencing or evergreen shrubs or trees.

3.6.9.

Religious assembly uses.

3.6.9.1.

Definition: A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and associated accessory uses.

3.6.9.2.

Districts allowed: Religious assembly uses special uses or special exception uses in all districts other than industrial or institutional, where they are not allowed. The threshold for special exception review is based on the seating and activity thresholds noted below.

3.6.9.3.

Parking: One parking space is required for each four seats in the main assembly room. See section 4.9 for general requirements.

3.6.9.4.

Loading: No use-specific requirement. See section 4.9 for general requirements.

3.6.9.5.

Additional standards:

Signage. Signs shall meet the requirements for business signs as set forth in article 7 of this ordinance.

Large religious assembly uses. Religious assembly uses providing seating for more than 600 people, or with uses that go beyond the primary religious function of the use that operate on weekdays, will require approval by special exception, and must have direct access to a major thoroughfare.

A residential monastery or convent or similar communal residential, religious facility may be allowed as an accessory use to a religious assembly use by special exception.

Accessory uses such as administrative offices, bookstores, parking lots, community centers, multi-purpose facilities, outdoor recreational facilities, and care centers on the same site or sites contiguous to the principal use shall be permitted as follows:

Similar uses on non-contiguous sites or on a site separated from the principal use by a public street shall be considered principal uses in their own right and will be regulated as such.

ii.

No merchandise or merchandise display shall be visible from outside a building.

iii.

No business or identification sign pertaining to an accessory use shall be legible from a public street.

iv.

Television stations, radio stations, printing presses, and sports complexes shall only be permitted as accessory uses if such uses are also permitted as principal uses in the zoning district in which they are located.

A cemetery or columbarium is permitted as an accessory use under section 3.6.3.

3.6.10.

Schools.

3.6.10.1.

Definitions:

Preschool through high school: A public or private institution at which persons are instructed in the specifics of learning; for purposes of this Code including kindergarten through grade 12.

Post-secondary school: A public or private institution (for profit or non-profit), college, university, business or trade school that offers education beyond grade 12.

3.6.10.2.

Districts allowed:

Preschools and kindergartens.

Preschools and kindergartens are permitted in the SCO, SCN, and INST districts.

ii.

Preschools and kindergartens are special exceptions in the AG, RCN, ER, SR, NR, SMF, TNB, and SCO districts.

Elementary and middle schools.

Elementary and middle schools are permitted in the INST district.

ii.

Elementary and middle schools are special exceptions in the AG, RCN, ER, SR, SCO, NR and SCN districts.

High schools.

High schools are permitted in the INST district.

ii.

High schools are special exceptions in the A, ER, and SR districts.

Post-secondary school.

Post-secondary schools are permitted in the SCN, SCO, UCN, UCO, and INST districts.

ii.

Post-secondary schools are special exceptions in the AG, RCN, and TNB districts.

3.6.10.3.

Parking:

Preschools and kindergartens. One and one-half spaces are required for every classroom and one space for each faculty and staff member, and bus and activity vehicle parking as needed.

Elementary and middle schools. One and one-half spaces are required for every classroom and one space for each faculty and staff member, and bus and activity vehicle parking as needed.

High schools. One space is required for every four students, one space for each faculty and staff member, and bus and activity vehicle parking as needed.

Post-secondary schools. One space is required for every two student classroom seats at maximum capacity, .75 spaces for each faculty and staff member, and activity and service vehicle parking as needed.

3.6.10.4.

Loading: No use-specific requirement except that bus loading areas must be directly accessible to a building entrance. See article 4 for general requirements.

3.6.10.5.

Additional standards: None.

(Ord. No. 2018-11, 7-17-2018; Ord. No. 2018-18, § II, 9-18-2018; Ord. No. 2022-5, § I, 5-17-2022; Ord. No. 2023-11A, § I, 7-5-2023)

Sec. 3.7. - Recreational use types.

3.7.1.

Firing ranges.

3.7.1.1.

Definition: An indoor facility for firearms training.

3.7.1.2.

Districts permitted:

Firing ranges are special uses in the A and INST districts.

Firing ranges are special exceptions in the SCN and SCO districts.

3.7.1.3.

Parking: One space is required for each 300 square feet of gross floor area. See article 4 for general requirements.

3.7.1.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.7.1.5.

Additional standards: Proof must be presented that the use will be soundproofed so that no noise can be heard beyond the walls of the use.

3.7.2.

Open space, active.

3.7.2.1.

Definition: Land intended for active recreation uses such as, but not limited to, parks, playgrounds, picnicking, golfing, horse riding, tennis, and walking. The land may be in public, private, or non-profit ownership.

3.7.2.2.

Districts allowed: Open space is a special use in the AG, RCN, ER, SR, NR, SMF, TNB, SCN, SCO, UCO, UCN, and INST districts.

3.7.2.3.

Parking: For a facility intended for public use away from a developed area, a minimum of five parking spaces plus one space for each five acres is required. See article 4 for general requirements.

3.7.2.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.7.2.5.

Additional standards:

Public or private open spaces and parks with lighted facilities must close by 10:00 p.m.

All stables and riding facilities (other than trails) must be located at least 3,000 feet from the nearest off-site residence.

Golf Courses are allowed only in the A, ER, or INST districts. An accessory commercial facility for a golf course must be located on the interior of the site, away from public streets.

3.7.3.

Open space, passive.

3.7.3.1.

Definition: Land intended for landscape preservation or low-intensity recreation uses such as gardens, walking, arboretums, or urban forest. The land may be in public, private, or nonprofit ownership.

3.7.3.2.

Districts allowed: P in all districts.

3.7.3.3.

Parking: No use-specific requirement. See article 4 for general requirements.

3.7.3.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.7.3.5.

Additional standards: None.

3.7.4.

Recreational club or facility, private or public.

3.7.4.1.

Definition: A club or facility, private or public, offering a range of recreational and, occasionally, dining options for its members. Such clubs may include, but are not limited to, swimming, golf, racquetball and tennis; and may include dining options, event spaces and limited lodging and guests.

3.7.4.2.

Districts allowed:

Recreational clubs or facilities are special uses in the AG, ER, SR, SMF, SCN, and SCO districts.

Recreational clubs or facilities are special exceptions in the AG, ER, SR, NR, SMF, SCO, and SCN [districts] when lodging is proposed.

3.7.4.3.

Parking: One parking space is required for each 50 square feet of gross interior area (to included covered patios), including but not limited to event space (e.g. indoor and outdoor party areas, meeting rooms, and spectator areas), and dining facilities. And one parking space for each two people anticipated to participate in recreational activities calculated at 80 percent capacity (e.g. golf courses, tennis courts, swimming pools, etc.). See article 4 for general requirements. If lodging is proposed, must provide one space per bedroom.

3.7.4.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.7.4.5.

Additional standards:

Clubs with golf courses will only be allowed in the A and ER districts.

Clubs that plan to host competitive events must provide both standard and overflow parking areas.

Outdoor recreational facilities (such as tennis courts or swimming pools), must be located no less than 1,000 feet from the nearest residence.

Facilities for maintenance equipment, golf cart storage, and similar activities must be separate from parking areas for patrons.

Any proposed lodging facilities must provide a full management plan.

Sec. 3.8. - Commercial use types.

3.8.1.

Banks and credit unions.

3.8.1.1.

Definition: A business that provides basic financial services such as, but not limited to, a bank or credit union.

3.8.1.2.

Districts permitted:

Banks and credit unions are special uses in the RCN, SMF, TNB, SCN, SCO, UCN, UCO, and HUC districts.

Banks and credit unions are special exceptions in the RCN and TNB districts when two or more drive-through lanes are proposed.

3.8.1.3.

Parking: One space is required for each 300 square feet of gross floor area. See article 4 for general requirements.

3.8.1.4.

Loading: No use-specific requirement. See section 4.9 for general requirements.

3.8.1.5.

Additional standards:

All special uses: Facilities with drive-through facilities must have stacking space to prevent backups onto access roads.

All special exceptions: Facilities in the RCN and TNB districts with two or more drive-through lanes must be approved as special exceptions.

3.8.2.

Bed and breakfast establishments.

3.8.2.1.

Definition: An owner-occupied private residence which offers, for compensation, short-term overnight lodging and a breakfast meal for guests.

3.8.2.2.

Districts permitted: Bed and breakfast establishments are special exceptions in the AG, RCN, ER, SR, and NR districts.

3.8.2.3.

Parking: In addition to the required parking for the dwelling, bed and breakfast establishments must provide parking for guests equal to one space for each leased bedroom. On-site guest parking must be located in a side or rear yard behind the front building wall of the primary structure. See article 4 for general requirements.

3.8.2.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.8.2.5.

Additional standards:

Bed and breakfast establishments are allowed only in an Oxford Historic District or in homes on lots of one acre or more.

Bed and breakfast establishments must be managed by and serve as the primary residence of the owner of the property.

Breakfast may be provided to registered guests, but no other full meals.

Bed and breakfast establishments shall contain no more than five bedrooms lettable to guests at any one location or premises.

No cooking facilities shall be permitted in guest rooms.

A bed and breakfast may have one sign meeting the following standards and any other applicable requirements of article 7. A sign of not more than four square feet may be mounted on the wall of the home.

Parties, meetings, receptions or other unrelated activities shall be prohibited.

Only one bed and breakfast establishment shall be allowed on the face of each city block or within 500 feet of another bed and breakfast establishment.

3.8.3.

Grocery stores.

3.8.3.1.

Definition: A retail business that sells packaged, raw or prepared foods, and other home supplies, and may sell ready to eat foods.

3.8.3.2.

Districts permitted:

Grocery stores 15,000 gross square feet or less in size are permitted uses in the RCN district.

Grocery stores 25,000 gross square feet or less in size are permitted uses in the TNB, SCN, and SCO districts.

Grocery stores greater than 25,000 gross square feet in size are special exceptions in the TNB, SCO, and SCN districts.

All grocery stores in the UCN, and UCO districts are special exceptions.

3.8.3.3.

Parking: Grocery stores with 25,000 square feet of gross floor area or less in size are required to have five spaces plus one space for each 300 square feet of retail floor area. Grocery stores with more than 25,000 square feet are required to have one space for each 300 square feet of retail floor area. Grocery stores that share a parking lot with other retail businesses may not exceed their minimum parking by more than 25 percent.

3.8.3.4.

Loading: All loading areas must be at the rear of the store. See article 4 for general requirements.

3.8.3.5.

Additional standards: None.

3.8.4.

Hotels, motels, and inns.

3.8.4.1.

Definition: A building or buildings containing sleeping rooms intended or designed to be occupied as the temporary abiding place of persons who are lodged, with or without meals, for compensation.

3.8.4.2.

Districts permitted:

Hotels, motels, and inns are special uses in the HUCN, in TNB when the site does not abut ER or SR, and in SCO, SCN, UCN, and UCO.

Hotels, motels, and inns are special exceptions in the SMF and in TNB when the site adjoins ER or SR.

3.8.4.3.

Parking: Parking at a rate of 1 space for each guest room is required. See article 4 for general requirements.

3.8.4.4.

Loading: No use-specific requirement. See section 4.9 for general requirements.

3.8.4.5.

Additional standards: An arrival area must be provided at or near the front entrance for guests who are checking in or out.

3.8.5.

Medical cannabis establishment.

3.8.5.1.

Definition: A business associated with the Mississippi Medical Marijuana Act. See section 10.2.199 Medical Cannabis for definitions.

3.8.5.2.

Districts allowed:

Cannabis cultivation facility tiers 1—6 (as defined in (SB2095SG)) are allowed by special use in IND; special exception in TNB, SCO, SCN, UCO, and UCN.

Cannabis dispensary is allowed by special use in TNB, SCO, SCN, UCO, UCN, and IND.

Cannabis disposal entity is allowed by special exception in SCO, SCN, and IND.

Cannabis processing facility is allowed by special use in IND; special exception in TNB, SCO, SCN, UCO, and UCN.

Cannabis research facility is allowed by special use in SCO, SCN, UCO, UCN and IND; special exception in TNB.

Cannabis testing facility is allowed by special use in SCO, SCN, UCO, UCN and IND; special exception in TNB.

Cannabis transportation facility is allowed by special use in IND; special exception in TNB, SCO, SCN, UCO, and UCN.

3.8.5.3.

Parking: One space is required for each 300 square feet of patron area unless otherwise determined in section 3.8.5.5, Additional standards. See article 4 for general requirements.

3.8.5.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.8.5.5.

Additional standards:

Cannabis cultivation facility tiers 1—6.

A parking space shall be provided for each employee during the largest shift.

II.

Canopy area shall located be inside of an enclosed facility.

III.

Applicant shall provide an odor prevention plan to mitigate odor from leaving the building, suite and/or site.

Cannabis dispensary.

According to Mississippi State Law, a dispensary shall not be located closer than 1,500 feet from another dispensary (measured from the point of entry of the dispensary to the point of entry to another dispensary).

II.

According to Mississippi State Law, a dispensary shall not be located closer than 1,000 feet from a church, school or daycare (measured from the point of entry of the dispensary to the nearest property line of the church, school or daycare). A waiver may be granted by the church, school or daycare to reduce this distance to 500 feet. If a waiver has been issued, the applicant shall provide that with the application.

III.

Applicant shall provide an odor prevention plan to mitigate odor from leaving the building, suite and/or site.

Cannabis disposal facility.

A parking space shall be provided for each employee during the largest shift.

II.

Applicant shall provide an odor prevention plan to mitigate odor from leaving the building, suite and/or site.

III.

Cannabis bi-product or waste shall not be stored outside of the building.

Cannabis processing facility.

A parking space shall be provided for each employee during the largest shift.

II.

Applicant shall provide an odor prevention plan to mitigate odor from leaving the building, suite and/or site.

III.

Cannabis bi-product or waste shall not be stored outside of the building.

Cannabis research facility.

A parking space shall be provided for each employee during the largest shift.

II.

Applicant shall provide an odor prevention plan to mitigate odor from leaving the building, suite and/or site.

Cannabis testing facility.

A parking space shall be provided for each employee during the largest shift.

II.

Applicant shall provide an odor prevention plan to mitigate odor from leaving the building, suite and/or site.

III.

Cannabis bi-product or waste shall not be stored outside of the building.

Cannabis transportation facility.

A parking space shall be provided for each employee during the largest shift.

II.

Applicant shall provide an odor prevention plan to mitigate odor from leaving the building, suite and/or site.

3.8.6.

Offices—Professional.

3.8.6.1.

Definition: A place in which business, clerical, or professional activities are conducted.

3.8.6.2.

Districts allowed:

Offices—Professional are permitted in the RCN, SMF, TNB, SCN, SCO, UCN, UCO, HUCN and IND districts.

3.8.6.3.

Parking: One space is required for each 300 square feet of gross office floor area. See article 4 for general requirements.

3.8.6.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.8.6.5.

Additional standards: In RCN, SMF one sign shall be permitted for each professional office; and signs for professional offices which may be permitted shall not exceed eight square feet in area or two and one-half feet in height.

3.8.7.

Recreational uses, commercial—Indoor and outdoor.

3.8.7.1.

Definition: Commercial uses offering recreational options such as (but not limited to) dance halls, exhibit halls (without permanent seating), skating rinks, billiards, arcade games, miniature golf, driving ranges, or bowling.

3.8.7.2.

Districts allowed:

Indoor commercial recreational uses are special uses in the AG, SMF, TNB, SCN, and SCO districts.

Outdoor commercial recreational uses are special exceptions in the AG, TNB, SCN, and SCO districts.

3.8.7.3.

Parking: One space is required for each 100 square feet of gross floor area GFA plus ten spaces; and (where applicable) one space for each four seats based on maximum seating capacity; pulse one space per four persons at capacity of outdoor facilities.

3.8.7.4.

Loading: No use-specific requirement. See section 4.9 for general requirements.

3.8.7.5.

Additional standards:

Indoor recreational uses that create substantial noise must be soundproofed to ensure that no noise is audible beyond the walls of the business. They shall also comply with the City of Oxford Sound Ordinance (Code 1968, Chapter 34, Article III) that regulates amplified music, loudspeakers and other similar sounds.

Outdoor recreational uses that create noise and use night lighting must close by 10 p.m. or must be located no less than 3,000 feet from fully residential areas and meet standards of section 5.4.

3.8.8.

Recreational vehicle park.

3.8.8.1.

Definition: A parcel of land on which two or more spaces are available for occasional occupancy by recreational vehicles; intended for transient dwelling purposes via rental or another ownership method.

3.8.8.2.

Districts allowed: Recreational vehicle parks are special exceptions in the A and SMF districts.

3.8.8.3.

Parking: Each vehicle space must be large enough to provide parking for the vehicle and its towing vehicle (when applicable). See article 4 for general requirements.

3.8.8.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.8.8.5.

Additional standards:

Location. They must be located adjacent to, and take access from, a major thoroughfare as designated in the major thoroughfare plan of the Oxford comprehensive plan.

Setback requirements. No trailer, service building, or service area shall be located in the required setback area of the district.

Sidewalks. In areas subject to heavy pedestrian traffic, sidewalks a minimum of five feet wide shall be provided.

Water. Each travel trailer parking area shall be provided with one or more easily accessible water supply outlets for filling trailer water storage tanks. The outlets shall be provided with the necessary appurtenances to protect against backflow and back-siphoning. The source of water supply shall be the city water system.

Sanitary stations. There shall be at least one sanitary station for each 100 parking spaces or fraction thereof. Each sanitary station shall consist of at least a trapped four-inch sewer user pipe, connected to the parking area sewage system, surrounded at the inlet end by a concrete apron sloped to the drain, and provided with a hinged cover; and a water outlet with necessary appurtenances to permit periodic wash-down of the immediately adjacent areas. Each sanitary station shall be screened from other activities by visual barriers, and shall be at least 50 feet from any trailer parking spaces.

Performance requirements. The granting of a travel trailer parking area as a special exception shall be dependent upon the applicant constructing the parking area as shown on the approved site plan. An increase in the number of parking spaces or failure to construct any required improvements shall constitute a violation of this Code.

Other reasonable requirements may be imposed on a case-by-case basis where deemed necessary for the safe operation of the travel trailer parking area on a specific site by the planning commission.

The owner and/or operator of the RV park must file a restrictive covenant (on a form supplied by the planning department) stating that no RV stored or parked on the premises for more than two weeks will be used as a primary rental residence.

3.8.9.

Restaurants.

3.8.9.1.

Definition: A business establishment that provides of prepared food for patrons for consumption on the premises (inside or outside service) or for take-out; which establishment may (or may not) provide alcoholic beverages, beer, and light wine; and live entertainment. Alcoholic beverages (wine, beer, spirits, light wine) may be sold and consumed in conjunction with the food service and shall meet all applicable state and local laws, regulations, and ordinances.

3.8.9.2.

Districts allowed:

Restaurants are special uses in the RCN, TNB, SCN, SCO, UCO, UCN, and HUC districts.

Restaurants are special exceptions in the CN and TNB when drive-in service or drive-window pickup are proposed; in the IND district; and in SMF when proposed as part of a multi-family development.

3.8.9.3.

Parking: See article 4 for general requirements.

One space is required for each 100 square feet of patron area.

Restaurants with taverns are also required to provide one additional space for each 100 square feet of patron area.

Restaurants with drive through (fast food) ten spaces plus one space for each four seats of total capacity.

3.8.9.4.

Loading: No use-specific requirement. See section 4.9 for general requirements.

3.8.9.5.

Additional standards:

They shall comply with the City of Oxford Sound Ordinance (Code 1968, chapter 34, article III) that regulates amplified music, loudspeakers and other similar sounds.

Drive-in service or drive-window pickup facilities are allowed only by special exception in the TNB and RCN districts and must have sufficient stacking space to prevent backups onto access roads.

Restaurants are allowed only by special exception as part of a larger multi-family development in the SMF district.

Service of alcoholic beverages must meet all Mississippi regulations and city ordinances.

3.8.10.

Retail sales.

3.8.10.1.

Definitions:

Indoor sales: Businesses that offer merchandise to the public such as, but not limited to furniture, fine antiques, appliances, apparel, drugstores, flowers, decorative objects, furniture, jewelry, hardware, hobby supplies, liquor stores, shoe sales, or variety stores.

Outdoor display: Businesses that offer merchandise to the public that includes a need for outdoor displays such as, but not limited to: Antique or "junktique" shops, garden furnishings, lumberyards, building supplies, construction equipment, farm equipment, industrial equipment, nurseries and greenhouses, vehicle sales, boat sales, recreational equipment sales, recreational vehicle sales, mobile homes.

3.8.10.2.

Districts allowed:

Indoor only:

Retail sales are permitted uses in the SCN, SCO, UCN, UCO, and HUC districts when they do not exceed 20,000 square feet.

ii.

Indoor retail sales are a special use in the AG, RCN, and TNB districts when they do not exceed 15,000 square feet.

iii.

Indoor retail sales are a special exception use in the RCN or TNB district when they exceed 15,000 square feet, but they may not exceed 25,000 square feet; and in the SCO, SCN, UCO, and UCN districts when they exceed 20,000 square feet; or in the IND district.

Outdoor display.

Outdoor retail sales are a special use in the IND; in RCN and TNB districts when they do not exceed 15,000 square feet; and in the SCO, SCN, UCN, and UCO districts when they do not exceed 25,000 square feet.

ii.

Outdoor retail sales are a special exception use in the TNB and RCN districst when they exceed 15,000 square feet, but they may not exceed 25,000 square feet; and in the SCN, SCO, UCN, and UCO districts when they exceed 25,000 square feet.

3.8.10.3.

Parking:

All retail sales (indoor and outdoor) are required to have one space for each 300 square feet of gross floor or outdoor sales area except that auto sales establishments must provide one space for each 500 square feet of interior sales and garage areas. See article 4 for general requirements.

Retail stores that share a parking lot with other retail businesses may not exceed their minimum parking by more than 25 percent.

3.8.10.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.8.10.5.

Additional standards:

In the RCN and TNB districts individual retail stores may not exceed 15,000 square feet.

Retail sales are allowed at farms in the A district only for items made or produced on the premises.

A pedestrian walkway of no less than six feet must be provided in front of a store.

No outdoor display of merchandise or freestanding kiosk selling items may result in a pedestrian walkway, sidewalk, or a front entry area of less than three feet.

Businesses with drive-through facilities must have sufficient stacking space to prevent backups onto access roads.

3.8.11.

Service stations.

3.8.11.1.

Definition: Any area of land, including structures, that is used for the retail sale of fuels for vehicles, and may offer installation of minor automobile accessories, and which may or may not offer minor maintenance services (such as lubricating, washing or cleaning), ready to eat food, and convenience merchandise; but must not include storage and rental of vehicles.

3.8.11.2.

Districts allowed:

Service stations are special uses in the SCO, SCN, UCO, UCN, and IND districts; and in the RCN unless it adjoins SR or ER.

Service stations are special exception uses in the TNB district, and in RCN when it adjoins SR or ER. The use is not allowed if the site adjoins property developed with residential uses in an ER district.

3.8.11.3.

Parking: One parking space is required for each 300 square feet of gross sales floor area of retail convenience stores. See article 4 for general requirements.

3.8.11.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.8.11.5.

Additional standards:

All standards that apply to service stations as primary uses also apply to service stations as accessory uses.

Stacking space for vehicle access to pumps at accessory service stations or service stations on out-parcels of a larger development site must not interfere with on-site traffic flow not associated with the service station use.

Pump areas on corner lots in the TNB and RCN districts must be located to the side or rear of the retail facility, not in a front yard unless the lot backs into a residential use area.

Primary buildings in the TNB must meet standard front build-to lines.

All fuel pumps shall be located a minimum of 20 feet from property lines.

Wrecked, partially dismantled, or inoperative vehicles associated with an accessory motor vehicle repair service must be stored in an enclosed building.

The pump island shall be situated to provide stacking space for a minimum of one vehicle behind the vehicle parked at the pump closest to the entrance or exit driveway without impeding on-site circulation.

All elements of the pump island or canopy that are not operational should be architecturally integrated by use of color, material, and architectural detailing.

The design of pump islands should be architecturally integrated with other structures on-site using similar colors, materials and architectural detailing.

All display items for sale should occur within the main building or within designated areas that are screened from public streets.

Canopy columns shall be wrapped with architectural facing of stone, brick, tile, or other natural materials.

All lighting must meet the standards of article 5, with fully shielded lighting under the canopy.

Screening for the use must meet all standards in article 5.

3.8.12.

Small craft brewery.

3.8.12.1.

Definition: A small scale brewery that produces beer and light wine for consumption on site, direct consumer sales, and/or wholesale distribution. This use may also have a tap room, restaurant, live entertainment, or retail space for on-site consumption subject to Mississippi laws and regulations for beer and light wines. Please see the brewery (types) definition in section 10.2.30.

3.8.12.2.

Districts permitted: Small craft brewery is allowable by special exception in the TNB and HUCN districts. They are allowable by special use in the SCN, SCO, UCO, UCN, IND, PUD and TND districts.

3.8.12.3.

Parking requirements: One parking space is required per four customer seats, plus one parking space for each employee working during the largest shift of the day.

3.8.12.4.

Loading requirements: See article 4 for general requirements.

3.8.12.5.

Additional standards:

When adjacent to a residential use, loading times for beer distribution shall be limited to 8:00 a.m. to 6:00 p.m. Monday through Friday, and 10:00 a.m. to 5:00 p.m. on Saturday.

When adjacent to a residential use, the use of fork lifts outside of any structure shall be prohibited.

An odor prevention plan shall be provided by the applicant to mitigate any potential odors associated with the brewing of beer and light wine.

Any by-product waste (spent grain) shall not be stored outside of the facility.

3.8.113.

Taverns. See restaurants serving acholic beverages.

3.8.14.

Theaters.

3.8.14.1.

Definition: A facility offering entertainment such as, but not limited to, live music, film, or plays inside a structure designed for such entertainment.

3.8.14.2.

Districts permitted: Theaters are special uses in the TNB, SCN, SCO, UCN, UCO, and HUC districts.

3.8.14.3.

Parking: One space is required for each four seats in the main assembly room. See article 4 for general requirements.

3.8.14.4.

Loading: No use-specific requirement. See section 4.9 for general requirements.

3.8.14.5.

Additional standards:

They shall comply with the City of Oxford Sound Ordinance (Code 1968, chapter 34, article III) that regulates amplified music, loudspeakers and other similar sounds.

Service of alcohol beverages at a restaurant accessory to a theater must meet all Mississippi regulations and city ordinances.

3.8.15.

Vehicle repair or maintenance facility.

3.8.15.1.

Definition: A business that offers services to maintain, repair, clean, and provide other services to automotive vehicles.

3.8.15.2.

Districts permitted:

Vehicle repair or maintenance facilities are a special use in the IND district.

Vehicle repair or maintenance facilities are special exceptions in the AG, RCN, TNB, SCN and SCO Districts.

3.8.15.3.

Parking: One space is required for each 300 square feet patron waiting area. See Article 4 for general requirements

3.8.15.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.8.15.5.

Additional standards:

Where this use is a special exception, it is limited to service for personal, light duty or medium duty vehicles not requiring a commercial driving license.

Repair: The number of outside stored vehicles awaiting repair is limited to no more than five, or one per service bay, whichever is greater. Stored vehicles must have a current tag.

Accessory junkyards including the storage of vehicles used for parts are not permitted.

The use shall screen all vehicles that have been accepted for repairs from view by enclosing them within a building or in a rear yard area. Any outdoor storage must be screened by a six-foot solid screening fence or six-foot screen evergreen hedge along the side and rear property lines.

No more than two vehicles per bay or repair/inspection station that have been accepted for repairs by the shop may be stored or parked outside after regular business hours.

No sales of vehicles are permitted on the premises of this use.

Car washes: Automatic or full service:

All exterior walls and accessory washing areas shall be constructed so that they match the principal structure in design and materials.

ii.

The outdoor service area of a car wash shall be placed and screen in accordance with the standards for on-site parking.

iii.

Washes, vacuums, and similar service devices shall be located a minimum of 50 feet from the nearest portion of an adjacent residential use.

iv.

When located adjacent to a residential use, the car wash shall be screened along all property lines with a minimum six feet tall masonry or decorative wood fence. Along any property line that abuts a residential use, a landscape buffer with a minimum width of five feet and containing a mix of shrubs, grasses, trees and flowers shall be provided. This buffer shall be installed towards the residential use and it shall also be irrigated.

Car washes accessory to a principal use shall be located in the side or rear yard only.

vi.

Hours of operation shall be no earlier than 8:00 a.m. and no later than 11:00 p.m. When located within 250 feet of an existing residential use, a car wash shall not operate later than 9:00 p.m.

vii.

Canopies for vacuuming stations do not require five feet of separation from the primary structure.

(Ord. No. 2018-11, 7-17-2018; Ord. No. 2021-4, § I, 5-18-2021; Ord. No. 2021-14, § I, 10-5-2021; Ord. No. 2022-5, § I, 5-17-2022; Ord. No. 2022-7, § I, 6-7-2022; Ord. No. 2025-2, § I, 1-21-2025)

Sec. 3.9. - Service use types.

3.9.1.

Medical facilities.

3.9.1.1.

Definition: A facility offering medical or dental care for humans or animals, which may have outpatient or inpatient care.

Clinic: A facility that offers medical or dental examination and treatment for humans and animals. A clinic offers such care for the examination and treatment of patients on an outpatient basis only that may or may not have shared or common spaces and equipment. Practitioners shall include but are not limited to providing medical, urgent care, psychiatric, osteopathic, chiropractic, physical therapy or similar services. The term clinic also includes outpatient surgical centers less than 25,000 square feet in size.

Public health center: A facility primarily used by a health unit for the provisions of public health services.

Hospital: An institution where sick or injured persons are given medical care and may be housed overnight, fed and provided nursing and related services.

Veterinary clinic or hospital: A facility where sick or injured animals are given medical care, which may include overnight care to provide nursing, feeding, post-operative and related services.

3.9.1.2.

Districts allowed:

Medical facilities 25,000 gross square feet or less in size are permitted uses in the AG and RCN districts. Facilities for large animals (animals weighing more than 200 pounds), are allowed in these districts.

Medical facilities 25,000 gross square feet or less in size are permitted uses in the TNB, SCN, SCO, UCO and UCN districts. Facilities for large animals (animals weighing more than 200 pounds), are not allowed in these districts.

Medical facilities greater than 25,000 gross square feet in size are special exceptions in the in the TNB, SCN, SCO, UCO and UCN districts. Facilities for large animals (animals weighing more than 200 pounds), are not allowed in these districts.

Medical facilities of any size are special exceptions in the SMF and HUCN districts. Facilities for large animals (animals weighing more than 200 pounds), are not allowed in these districts.

3.9.1.3.

Parking: One space is required for each 250 feet of gross floor area for each use. Additionally:

A veterinary clinic or hospital must provide adequate parking and on-site maneuvering space for trucks and tractors on sites with facilities servicing large animals.

Hospitals shall also have one space for each bed for adult patients.

3.9.1.4.

Loading: No use-specific requirement except that facilities with in-patient services must provide a separate loading area for ambulances or other emergency vehicles. See article 4 for general requirements.

3.9.1.5.

Additional standards:

Medical facilities located in the TNB district shall have a building footprint of not more than 20,000 square feet.

Hospital facilities shall not exceed 10,000 square feet unless located in a PUD-medical district.

Veterinary clinic or hospital:

All kennel areas must be indoor.

ii.

No unsupervised outdoor areas are allowed except for clinics and hospitals that treat large animals.

3.9.2.

Mortuaries and funeral homes.

3.9.2.1.

Definition: A business that provides services to families of a deceased person including preparing the body for burial or interment off-site, and funeral services. Such services may include a prepared wake and funeral, the provision of a chapel for the funeral, and cremation.

3.9.2.2.

Districts allowed:

Mortuaries and funeral homes are permitted uses in the SCO and SCN districts.

Mortuaries and funeral homes are special exceptions in the A, RCN, and TNB districts.

Crematoriums are permitted accessory uses to mortuaries and funeral homes in all districts where the uses may locate. Crematoriums are not permitted as accessory uses to any other primary use of land.

3.9.2.3.

Parking: One space is required for each three seats in parlors and chapels, plus an additional 10 spaces at minimum for employees and funeral home vehicles. See article 4 for general requirements.

3.9.2.4.

Loading: No use-specific requirement except that adequate space for loading and unloading funeral home vehicles must be provided. See article 4 for general requirements.

3.9.2.5.

Additional standards: None.

3.9.3.

Service uses, indoor only.

3.9.3.1.

Definition: Businesses that offers a range of personal services to the public such as, but not limited to: barber shops, beauty shops, hair salons, nail salons, dry cleaners, fitness centers, private clubs, lodges, kennels or other animal boarding facilities, photo studios, print shops, appliance repair, electronic equipment repair, shoe repair.

3.9.3.2.

Districts allowed:

Indoor service uses are special uses in the RCN, TNB, SCN, SCO, UCO, UCN, HUC, and IND districts.

Indoor service uses are special exceptions in the SMF district.

3.9.3.3.

Parking: One parking space is required for each 300 square feet of gross floor area. See article 4 for general requirements.

3.9.3.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.9.3.5.

Additional standards:

Individual buildings must not exceed 15,000 square feet in the RCN and TNB districts.

Only one bay is allowed for drive-through service is permitted for uses in the RCN and TNB districts.

No drive-through lanes are allowed in the UCN, UCO, and HUC districts.

No outdoor storage is allowed.

3.9.4.

Studios—Art, craft, music or dance.

3.9.4.1.

Definition: A business use that provides instruction in various forms of artistic, craft, or musical training or space for the creation of art, craft, or music.

3.9.4.2.

Districts permitted:

Studios are special uses in the RCN, TNB, SCN, SCO, UCN, UCO, and HUC districts.

Studios are special exceptions in the SMF district.

3.9.4.3.

Parking: One space is required for each 300 square feet of gross floor area. See article 4 for general requirements.

3.9.4.4.

Additional standards:

Any studio use generating noise (music or dance) must be soundproofed to prevent noise that is audible to an adjacent use.

3.9.5.

Event space or banquet/reception hall.

3.9.5.1.

Definition: An establishment which is rented by individuals or groups where the primary use is the accommodation of private functions including, but not limited to: Banquets, weddings, anniversaries, and other similar celebrations where access by the general public is restricted, and with or without the sale, serving, or consumption of food and/or alcoholic beverages.

3.9.5.2.

Districts allowed:

Event spaces or banquet/reception halls are special uses in the RC, TNB, SCN, SCO, UCN, UCO and HUCN districts except when located adjacent to attached or detached residential uses in the RC, ER, SR, NR, of SMF districts.

Event spaces or banquet/reception halls are special exceptions in the RC, TNB, SCN, SCO, UCN, UCO and HUCN districts when located adjacent to attached or detached residential uses in the RC, ER, SR, NR, of SMF districts.

3.9.5.3.

Parking: One parking space is required for each two people anticipated to participate in events calculated at 80 percent capacity except in HUCN districts where a parking plan shall be provided.

A parking plan shall be presented with a site plan and consist of at a minimum:

The size and type of the proposed development.

Parking space allocation (i.e. employee parking, resident parking, short term/visitor parking, carpool/vanpool parking, electric vehicle parking).

The anticipated peak and average parking loads of all users.

When applicable, provide a contingency plan detailing how parking will be managed during peak periods and events.

When applicable, provide a curbside management plan demonstrating how pick-up/drop-off and any other curbside uses will function.

When applicable, provide a valet parking plan, to include:

Brief narrative description of how the valet will function.

Diagram showing how cars will be shifted in and out of spaces at peak usage.

Contact information for valet operator or potential valet operators.

Location of receiving garage/lot and number of spaces leased off-site (if applicable).

Lease agreement for off-site spaces (if applicable).

Outline of wayfinding signage plan for all users of all modes of transportation.

See article 4 for general requirements.

3.9.5.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.9.5.5.

Additional standards:

The City of Oxford Noise [Sound] Ordinance (chapter 34, article III) shall control amplified music, loudspeakers and similar noise.

When adjacent to attached or detached residential uses, outdoors activities shall be limited to 75 patrons.

When adjacent to attached or detached residential uses, outdoor activities shall not be conducted between the hours of 10:00 p.m. and 8:00 a.m.

When adjacent to attached or detached residential uses, hours of operation shall be limited to 8:00 a.m. to 12:00 a.m. midnight.

(Ord. No. 2020-11, § I, 8-18-2020; Ord. No. 2021-1, § 1, 2-2-2021)

Sec. 3.10. - Industrial use types.

3.10.1.

Crematoriums.

3.10.1.1.

Definition: A place at which cremation is carried out.

3.10.1.2.

Districts allowed:

Crematoriums are permitted uses in the IND district.

Crematoriums are special exception in SCN and SCO districts.

3.10.1.3.

Parking: No use-specific requirement. See article 4 for general requirements.

3.10.1.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.10.1.5.

Additional standards: None.

3.10.2.

Manufacturing uses.

3.10.2.1.

Definition: Businesses that assemble, build, or otherwise create products for sale from raw or pre-processed materials. These shall include but are not limited to creameries, ice plants, breweries, and similar processes.

3.10.2.2.

Districts allowed:

3.10.2.3.

Manufacturing is a special use in the IND district.

3.10.2.4.

Parking: One space is required for each 400 square feet of gross floor area plus one space for each vehicle to be stored or stopped simultaneously. See article 4 for general requirements.

3.10.2.5.

Loading: No use-specific requirement. See article 4 for general requirements.

3.10.2.6.

Additional standards:

Noise. The volume of sound inherently and recurrently generated shall not exceed 60 decibels at the boundary line of the lot.

Vibration. Ground vibration inherently and recurrently generated shall not be perceptible without instruments at any point along any boundary line of the lot on which the use is located.

Smoke, dust, lint, and other particulate matter.

Smoke. No smoke shall be permitted of a density greater than No. 1 per the Ringelmann's Scale, except that smoke of a density not more than No. 2 of the Ringelmann's Scale will be permitted for a period not in excess of six minutes in any hour.

ii.

Dust. All walks, driveways, and parking areas shall be dust-proofed. No dust of any kind produced by manufacturing shall be permitted to escape beyond the confines of the building in which it is produced.

iii.

Lint and other particulate matter. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces.

Fly ash. The emission of particles from any flue or smokestack shall not exceed 0.2 grains per cubic foot of flue gas at a stack temperature of 500 degrees Fahrenheit.

Noxious gasses and fumes. The emission of gasses or fumes injurious to persons or property beyond the lot occupied by the use is prohibited.

Odor. The emission of noxious odors of any kind detectable by a person with normal sensibilities anywhere beyond the property boundaries shall not be permitted. Tanneries, abattoirs, glue factories, oil refineries, soap factories, artificial gas manufacture, and similar industries must present detailed plans for elimination of noxious odors before a building permit is granted.

Fire hazards and safety. The storage and handling of flammable liquids, liquefied petroleum, gasses, and explosives shall comply with state regulations and the regulations contained in the city's building code.

Glare and heat. Any operation producing intense glare or heat shall be performed within completely enclosed buildings in such manner as not to create a public nuisance or hazard along lot lines. Exposed sources of light shall be shielded so as not to create a nuisance across lot lines.

Nonconforming uses must comply. The performance standards included in this section shall apply to legal nonconforming manufacturing uses in all districts.

3.10.3.

Storage—Self-storage facility.

3.10.3.1.

Definition: A business offering small storage spaces of 25 to 200 square feet designed for storage of household goods by consumers.

3.10.3.2.

Districts permitted:

Self-storage facilities are permitted in the IND district.

Self-storage facilities (as limited in [section] 3.10.3.5) are special exceptions in the A, TNB, SCN, and SCO districts.

3.10.3.3.

Parking: At least four parking spaces shall be provided near the leasing office. See article 4 for general requirements.

3.10.3.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.10.3.5.

Additional standards:

Size. A self-storage facility site shall not exceed three acres in size.

Uses not allowed.

Outdoor storage shall be limited to licensed boats on trailers, storage trailers, and licensed recreational vehicles and campers. If such storage is to be provided, adequate parking must be provided to accommodate such vehicles.

ii.

No retail or wholesale uses, residential activities, and storage of hazardous materials, or any other use other than personal storage shall be conducted within or from the storage units. Notice of such prohibition shall be provided to customers by a conspicuous sign posted at the entrance of the property or by provisions in the lease agreement, or both.

Self-storage facilities with exterior direct access are only allowed in the IND and A districts.

Self-storage facilities with no exterior direct access may be considered as an interior element of a mixed-use commercial building in the TNB district. They shall not be permitted as a separate use.

3.10.4.

Truck terminal, wholesale, or warehouse use.

3.10.4.1.

Definition: Industrial scale uses that provide large facilities for the transport, storage and sale of goods to trade customers, not the retail public.

3.10.4.2.

Districts permitted: P in IND, INST (only warehouse allowed in institutional).

3.10.4.3.

Parking: One space is required for each 1,000 square feet of gross floor area. See article 4 for general requirements.

3.10.4.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.10.4.5.

Additional standards: None.

Sec. 3.11. - Other Use Types.

3.11.1.

Accessory uses or structures (excluding dwellings).

3.11.1.1.

Definition: A use of land or a building or portion of such (including a deck attached to or directly abutting a structure) customarily incidental and subordinate to the principal use.

3.11.1.2.

Districts permitted: Accessory uses and structures are permitted uses in all districts unless otherwise restricted by type.

3.11.1.3.

Parking: No use-specific requirement. See article 4 for general requirements.

3.11.1.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.11.1.5.

Additional standards:

Accessory uses and structures must be clearly related to and incidental to the permitted principal use or structure on the lot.

All accessory use and structures shall require the issuance of a certificate of zoning compliance, and be in compliance with the threshold for site plan review in section 9.2.2.2.

Accessory structures may only be erected behind the front building line of the principal structure, and not in a front yard; unless otherwise authorized in this Code. An Accessory Structure located in the side yard may be requested by Special Exception. When located in a side yard, it should be located behind the front building line, and shall comply with all other provisions of this Code. No accessory building may be built within five feet of a property line.

No accessory building shall be erected within five feet of any other building, or within five feet of a property line. An accessory structure attached to or directly abutting a structure (such as a deck) need only be within five feet of a property line.

Structures accessory to residential uses (except for agricultural buildings located in agricultural districts and accessory dwellings) shall have a combined floor area (aggregate of all detached accessory structures) of not more than 33 percent of the total floor area of the principal structure.

In no event shall "accessory use" or "accessory structure" be construed to authorize a use or structure not otherwise permitted in the district in which the principal use is located.

All accessory uses and accessory structures shall conform to the applicable requirements of this Code, including all dimensional, use, design and landscaping standards applicable to the primary use and structure; and the specific standards for accessory structures in section 5.5.

In any residential district, no accessory building shall occupy more than 30 percent of a required rear yard. In no district, shall an accessory building occupy any part of a required front yard or side yard except garages.

Freestanding self-serve structures are permitted as accessory uses to adjoining or adjacent uses as attached or freestanding structures.

Freestanding self-serve structures shall be permitted as accessory freestanding facilities only when the location does not present a hazard to the motoring public, and they are lighted and located in such a manner as to maximize the safety of the public using the facility.

ii.

The site must accommodate safe stacking space for up to three vehicles.

Accessory amenities are defined as structures, features, or facilities that are primarily associated with the use of a building or other structure (such as a firepit or deck); or commonly associated with the entry into or at a central point in a development with no specific use (such as an unmanned "guardhouse", covered arbor, or fountain), that may or may not require a building permit for installation. Accessory amenities may be attached to, or abut a structure, but they shall be a minimum of five feet from the property line, and they may be located in a front or side yard at the discretion of the planning director.

3.11.2.

Agriculture and forestry.

3.11.2.1.

Definitions:

Agriculture: The act of and business of raising or growing of crops, fowl, or livestock, or the sale of agricultural produce grown on the premises in any district, provided such use does not constitute a nuisance or health hazard.

Forestry: The act of harvesting timber grown on a property of more than ten acres. The existence of a stand of timber on a property that is not a tree farm certified by the State of Mississippi shall not be considered a forestry site. See section 3.1.4 regarding nonconforming uses.

3.11.2.2.

Districts permitted:

Agriculture and forestry are permitted uses in the AG and INST districts.

Agriculture is a special use in the ER, SE, and NR districts.

3.11.2.3.

Parking: No use-specific requirement. See article 4 for general requirements.

3.11.2.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.11.2.5.

Additional standards:

Where designated as a special use, in the ER, SR, and NR districts, agricultural uses are limited to crops or animals raised for the use and/or enjoyment by occupants of the premises.

Horses are allowed in ER and SR [districts]. A minimum of one acre of pasture per animal must be available for horses.

ii.

In the ER, SR, and NR districts, poultry is limited to hens. Roosters are not allowed.

3.11.2.6.

Forestry shall be subject to the tree preservation requirements of article 6, [section] 6.1.

3.11.3.

Gated entries.

3.11.3.1.

This use includes gates, posts, and cable or other equipment across vehicular entrances.

3.11.3.2.

Districts permitted: The use is a special exception allowable in any district for nonresidential uses, multi-family development. They may be considered by special exception for a single-family residential development that has only private roads built to city road standards. They may be allowed for individual residences when they meet any and all applicable standards listed in [section] 3.11.3.3.

3.11.3.3.

Additional standards: The following regulations pertain to placing gates, posts and cable or other equipment across vehicular entrances to individual residences, nonresidential properties, and multi-family residential properties.

Nonresidential development. Nonresidential developments that will close during business hours shall obtain a special exception to establish gates at private vehicular entrances.

Multi-family development. Developments that wish to close in the overnight hours may request a special exception to establish gates at private vehicular entrances.

3.11.3.4.

Design standards for all gated entrances.

Gates should be constructed of decorative, ornamental metal.

Style and color of gates and other enclosures should be coordinated with nearby structures.

Gates should operate so that they do not obstruct sidewalks, streets, bike paths, parking spaces, and similar facilities.

Swing gates are encouraged. Gate hinges may be located on one or both sides of the driveway.

Sliding gates are discouraged.

Unobstructed vertical clearance should be at least 13 feet six inches.

Gates shall be designed to allow vehicles to turn around in the driveway, without backing into the street (except on local streets).

Adequate stacking room should be provided between the gated entrance and the gate controller to avoid vehicular stacking across sidewalks, streets, bike paths, and similar facilities.

Gates shall be designed to provide 24-hour access by authorized maintenance and service providers (such as public works, utilities, mail and postal delivery).

Gate designs shall include emergency hardware to ensure proper emergency access to the satisfaction of the city fire, police, public works and utility departments.

One pedestrian access gate shall be provided at each gated driveway entrance.

"Anti-directional" devices (i.e., metal spikes that can cause tire damage) at entrances and exits are prohibited.

Protective covenants shall be established and recorded for the gated development. The protective covenants shall identify, and always keep in effect, a legal entity responsible for maintaining the gates and associated features.

The gate shall be activated by an emergency siren.

Gates and the emergency operation of the gates shall be maintained at all times. Two instances reported to the planning office within a 12-month period of inaccessible gates by the city police, fire or public works shall result in the revocation of the permit.

Entrances must meet the following width requirements unless otherwise approved by the fire department. Dual gates should have an unobstructed clearance of least ten feet wide on each side; single gates should have an unobstructed clearance of least 20 feet wide.

Gated development should not be approved for developments that provide necessary connectivity for access and safety reasons. No gated development with private roads can be considered for acceptance as public streets until and unless the roads are brought to current city standards by the pertinent property owners association.

3.11.4.

Heliports.

3.11.4.1.

Definition: A facility where helicopters land and take off.

3.11.4.2.

Districts permitted: Heliports are special uses in the IND and INST districts.

3.11.4.3.

Parking: No use-specific requirement. See article 4 for general requirements.

3.11.4.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.11.4.5.

Additional standards:

Heliports shall only be permitted as accessory uses to emergency medical facilities, police and fire facilities, and industries.

Landing pads for on-grade heliports shall be set back a minimum of 400 feet from lots used for residential purposes, public or private schools, or public parks. These distance requirements may be reduced one foot for each one foot of the elevation above ground level for elevated heliports.

The heliport landing area shall be constructed of a material which is free of dust and loose particles which may be blown about by the down blast of the helicopter rotor.

Lighting is to be provided per Federal Aviation Administration (FAA) requirements and is to be oriented as much as possible away from adjacent properties.

3.11.5.

Home occupations.

3.11.5.1.

Definition: Any occupation or profession, craft or trade, carried on by a person residing on the premises of a dwelling which is clearly incidental and secondary to the use of the dwelling, which does not change the character of the dwelling, and which brings little additional traffic and few visitors to the dwelling.

3.11.5.2.

Districts permitted:

Special use in AG, RCN, ER, SR, NR, SMF, TNB, SCN, and SCO [districts] to the extent noted in section 3.11.5.5.a.

Special exception in AG, RCN, ER, SR, NR, SMF, TNB, SCN, and SCO [districts] when when the use exceeds the thresholds noted in section 3.11.6.5.b.

3.11.5.3.

Parking: Off-street parking for customers must not exceed one space. Vehicles used in connection with the home occupation must not be parked overnight on a right-of-way. See article 4 for general requirements.

3.11.5.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.11.5.5.

Additional standards: A home occupation is permitted accessory to any dwelling unit in accordance with all the following requirements:

A home occupation may be permitted as a special use if: It is in a single-family detached dwelling (or accessory structure), has no external evidence of the use, has no more than three deliveries to or from the dwelling per day, generate no more than six vehicle trips per day (round trips), generates no foot traffic to or from the dwelling, and meets the standards in [subsections] b. and c. below. A home occupation that exceeds those standards may request approval as a special exception, which shall require meeting the standards of [subsections] c. and d. below.

Approval of a home occupation as a special use shall require submittal of a description of the intended business, and how it will meet all required standards. If approved as a special use, the planning director shall issue a certificate of zoning compliance. If the use is authorized, before it is approved the applicant shall submit a signed and notarized affidavit stating that the use, as approved, will not exceed the standards stated in the business description. A copy of the affidavit will be kept in the planning department. Any modification to the home occupation shall require reconsideration of the approval.

All home occupations must meet the following standards:

Obtain a certificate of zoning compliance from the director of planning stating that the proposed use is appropriate for consideration in the pertinent zoning district.

ii.

Shall utilize no more than 25 percent of the total building area of the dwelling and (where pertinent) any accessory structure; not to exceed 500 square feet.

iii.

Shall not require the use of utilities or community facilities beyond that reasonable to the use of the property for residential purposes.

iv.

If proposed to be conducted in an accessory structure, it must be in a garage or similar structure commonly associated with a dwelling.

The only employees allowed shall be members of the resident's immediate family, living in the dwelling.

vi.

Customer and client contact shall be primarily by means other than visits to the premises, and if visits by customers are required they shall be by appointment only.

vii.

Shall not use any mechanical, electrical, or other equipment which produces noise, electrical or magnetic interference, dust, vibration, heat, glare, or other nuisances outside the dwelling or accessory structure housing the home occupation.

viii.

Shall not include any manufacturing using substantial electrical or mechanical equipment or chemical materials.

ix.

No outdoor storage or visible evidence of the equipment or materials used in the home occupation, except equipment or materials (type and quantity) normally and reasonably associated the principal residential use, is permitted.

May not have an outside display of merchandise being produced or sold.

A home occupation requesting approval by special exception must meet the following additional standards:

May have more than six vehicle trips per day (round trips) related to the business, but no more than 20 vehicle trips in one day.

ii.

If personal contact on the premises is required for the business it shall be by appointment only and shall not exceed six appointments per day.

iii.

Delivery of materials, and pedestrian or vehicular traffic to and from the premises shall not involve the use or frequency of vehicles not normally experienced in residential areas.

iv.

No goods or merchandise shall be sold or offered for sale on the premises that is not produced on the premises.

Only vehicles used primarily as passenger vehicles will be permitted in connection with the conduct of the home occupation. If the home occupation is located in a single-family detached dwelling (or accessory structure), one vehicle may display any signage indicating the name of the home occupation. Any such vehicle must be parked behind the front building line of the principal structure.

vi.

One sign may be proposed for the use, measuring no more than one square foot in size; to be located in a window or on the building, if it meets all other requirements in article 7.

vii.

If proposed in an attached or multi-family unit, a letter of approval of the proposed use from the property owners association, or the property manager is required.

3.11.6.

Common interest developments—Mixed-use and non-residential.

3.11.6.1.

Definition: A development of commercial, service, and office uses (such as, but not limited to a shopping center or mixed-use building); or a mix of commercial and residential uses.

3.11.6.2.

Districts permitted: Mixed-use and non-residential common interest developments are special uses in the TNB, SCN, SCO, UCN, UCO, HUCN and IND districts.

3.11.6.3.

Parking: See standards for proposed uses and article 4 for general requirements.

3.11.6.4.

Loading: See standards for proposed uses and article 4 for general requirements.

3.11.6.5.

Additional standards:

There may be individual ownership of structures or individual units in a structure (or structures), or the land upon which structures are built; or alternatively there may be common ownership and management of all structures, with structures or portions of structure functioning as rental properties; and

Common areas may include, but are not limited to: roads, sidewalks, stormwater facilities, parking areas, or other infrastructure or amenity facilities.

Signage—Shopping complex signs. Entrance signs may contain additional square footage not to exceed ten square feet for each business located within the shopping center when such additional footage is devoted exclusively to individual businesses located within such shopping center and when no freestanding signs are to be erected. If no individual signs are to be erected as part of the shopping center entrance sign or erected as freestanding signs on the shopping center property, then such shopping center entrance sign may contain a total of 100 square feet.

Alternatively, the master sign plan option in article 7 may be used.

Development standards. See standards for the applicable zoning district.

3.11.7.

Temporary uses.

3.11.7.1.

Definition: A use that is intended to continue for only a limited period.

3.11.7.2.

Districts permitted: Temporary uses are special uses in all districts.

3.11.7.3.

Parking: No use-specific requirement. See article 4 for general requirements.

3.11.7.4.

Loading: No use-specific requirement. See article 4 for general requirements.

3.11.7.5.

Additional standards: The following shall be permitted as temporary uses in the districts noted when in compliance with all standards:

A noncommercial concrete batching plant shall be permitted as approved in a staging plan provided it has direct access to arterial or higher capacity street.

Temporary buildings, offices or yards for construction may be permitted for up to six months if authorized by the director of planning. Such facilities may request extensions of the permit for no more than three months from the planning commission.

Industrial, commercial, or residential use of municipally-owned property may be permitted in any district when the mayor and board of aldermen determine that such use will facilitate reconstruction, restoration, repair, or replacement of industrial, commercial, or residential facilities rendered unusable by a natural or manmade disaster. This permit shall not be issued for a period longer than six months. Following a public hearing, the planning commission may, but shall not be required to, grant a six-month extension if it determines that the conditions that led to the initial grant of the permit continue in force and effect and that an extension will further facilitate reconstruction, restoration, repair, or replacement of industrial, commercial, or residential facilities to be used by permittee within Lafayette County. No further extension shall be granted under this section.

3.11.7.6.

This section shall not be interpreted to grant any right in addition or contrary to other ordinances, regulations, or statutes that may apply to the use sought by the permittee.

3.11.8.

Wireless communication facilities.

3.11.8.1.

Definition: Towers, antennas, boxes, satellite dishes, or related facilities for digital distribution of communication with accompanying maintenance structures and equipment. Associated definitions are found in article 10, under the umbrella of the "wireless communications facility" term.

3.11.8.2.

Districts allowed:

Special use: Wireless communication facilities may be permitted as a special use in in the AG, RCN, ER, SR, NR, SMF, TNB, SCN, SCO, UCN, UCO, IND, and INST districts when they meet the standards below. A permit from the Planning Department, with authorization from the Department of Public Works and the Electric Department shall be required before a building permit can be issued.

Antennas attached to or within an existing tower or structure (excluding dwellings) and not extending more than 20 feet above the highest point of the tower or structure. These may include, but are not limited to: Steeples, silos, spires, water tanks, athletic field lighting poles, and utility poles; subject to structural adequacy and provide that the addition of the antenna or any supporting structure shall not create a substantial change to the structure in which or on which the antenna is placed (as determined by the planning director) subject to all applicable zoning, setback, design, and building code regulations.

ii.

Transmission equipment that is concealed within a building or structure so that it is architecturally indiscernible (as determined by the planning director), subject to building permit procedures and standards. This shall mean that the addition or feature containing the antenna is architecturally harmonious in aspects such as material, height, bulk, scale, and design with the building or structure to which it is attached; or in which it will be housed.

iii.

Towers and supporting equipment requesting to locate on publicly owned property, subject to all applicable zoning, setback, design, and building code regulations and the standards in [subsection] e. below.

New wireless communication facilities applications for more than one facility on the same property, any tower facility without co-location capacity, and any facility or antenna not meeting the standards for special permit approval above; are special exception uses.

3.11.8.3.

Parking: If needed, adequate parking spaces shall be provided on each site so that parking on public road right-of-way will not be necessary.

3.11.8.4.

Additional standards:

Exemptions.

Preexisting towers and antennas. Any tower or antenna in existence prior to the effective date of this Code shall only need meet the requirements of section 3.11.8.4.g (General requirements). Any addition or modification to a preexisting tower or antenna shall comply with all applicable requirements of this Code.

ii.

Amateur radio. Receive-only antennas. This Code shall not govern the installation of any tower or antenna that is owned or operated by a federally licensed amateur radio operator or is used exclusively for receive-only antennas. Commercial antennas attached to such tower or any tower modification made for accommodating such an antenna shall comply with all applicable requirements of this Code.

iii.

Satellite dishes and other antennae. This Code shall apply to satellite dishes and other forms of antennas located within the City of Oxford, except that the following shall be exempt from the requirements of this Code.

•

Any antenna or satellite dish described below that is mounted at a height no greater than 12 feet above grade (this measurement includes both the height of the mast or tower to which the antenna is attached, as well as the height of the structure upon which it is mounted, such as a house, if applicable).

•

That is designed to receive direct broadcast satellite service, including direct-to-home satellite services, that is one meter or less in diameter.

•

That is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, and that is one meter or less in diameter.

•

An antenna designed to receive television broadcast signals that is mounted at a height no greater than 12 feet.

Prohibitions.

No temporary mobile communications sites are permitted except as authorized in [subsection] e. below for special events; in the case of equipment failure, equipment testing, equipment replacement, or emergency situations. Placement of temporary equipment shall be limited to 120 days unless extended in writing by the director of planning.

ii.

No advertising message or sign shall be affixed to any tower, antenna or accessory structure including fences.

iii.

Towers shall not be artificially illuminated unless required by the FCC or FAA. Whenever a tower is required to have flashing lighting or illumination, the use of red flashing lights shall be required during the night time hours as opposed to white strobe lights unless otherwise federally mandated.

iv.

Except for the provision of municipal utilities and services or for public safety, no part of any tower or antenna shall extend across or over any right-of-way, public street, public highway, public sidewalk, or property line unless authorized as outlined in [subsection] e. below unless authorized as outlined in [subsection] e. below.

No cell tower in zoning districts public open land, industrial, agricultural, and general business shall be over 200 feet in height, and no cell tower shall be over 150 feet in all other zoning districts including planned unit developments.

vi.

No tower shall be erected on a lot or parcel within a subdivision of individual residential building lots recorded in the office of the clerk of the Chancery Court.

Application requirements.

Application form. All requests shall submit a complete application containing information as is outlined on the application form available in the planning department or on website of the planning department.

ii.

Content. The application shall state the intended user(s) of the tower and shall include a statement prepared by the applicant that considers other alternatives to the proposed site and the impact of the proposed tower. This shall include a map of the desired coverage area identifying all existing towers and other sites with adequate land area to site a tower. The applicant shall justify the selection of the proposed site over the available alternative sites within the identified coverage area, weighing the relative impacts of the proposed site to other available sites; with particular consideration to the impact of the tower upon adjacent properties, historic areas, scenic vistas, and residential neighborhoods.

iii.

Historic preservation. The applicable historic preservation commission shall provide a certificate of appropriateness (COA) permit for a request within any historic district and/or any public right-of-way location abutting a historic district.

iv.

Leasing or ownership requirement. The application shall include documentation of valid long term leasehold or ownership interest in the underlying property. This shall include: (1) Proof of the establishment of a financially secure and legally enforceable method of removing a tower when it ceases to be used for a period of 30 days; as required in section 3.11.8.4.g below.

Proof of insurance. The application shall include proof that all towers and antennas are adequately insured for injury and property damage. Proof of insurance shall be provided to the City of Oxford with any application submitted under this Code.

Requirements for review.

Federal and state requirements. All towers and antennas shall comply with FCC and FAA rules and have all required licenses. Applications to erect new towers and antennas shall be accompanied by any required federal, state, or local agency license or application for such licenses. No permits shall be issued until proof of approval for any required license has been submitted.

ii.

Technical standards. Design and installation of all towers and antennas shall comply with the manufacturer's specifications and with ANSI/TIA/EIA standards. Plans shall be approved and certified by a professional engineer registered in the State of Mississippi. The proposed site plan and tower design plans shall also meet or exceed all applicable standards, as may be amended, including those of the Federal Communications Commission (FCC), American National Standards Institute (ANSI), and the Institute of Electrical and Electronics Engineers (IEEE) Standards for power density levels and structural integrity; American Concrete Institute (ACI), American Standards Testing and Materials Institute (ASTM), The National Electrical Code, National Electrical Safety Code, and the American Steel Institute. The proposed site shall also be designed and built in compliance with Section 106 of the National Historic Preservation Act of 1996.

iii.

General standards. In addition to the required findings outlined in section 9.7 for the granting of special uses or special exceptions, all the following factors shall also be considered in determining whether to approve issue a special use or special exception use for wireless communication facilities:

•

The height of the proposed antenna.

•

The proximity of the tower or antenna to residential structures and residential zoning district boundaries.

•

Technical or engineering requirements limiting placement of the tower or antenna in other areas to provide coverage.

•

The nature of uses on adjacent and nearby properties.

•

The surrounding topography, tree coverage, and foliage.

•

The design of the tower or antenna, with reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

•

The availability of suitable existing towers and other structures for location or co-location.

•

Camouflaged towers and related facilities may be required in any residential district, PUD, historic district, or neighborhood conservation overlay district as determined by the City of Oxford Planning Commission.

•

Unless expressly stated to the contrary, nothing in this section shall relieve any applicant from compliance with any other city ordinance regulating telecommunications permits, street trenching, or right-of-way management.

iv.

Placement. Towers shall be sited to be as unimposing as practical. The applicant shall demonstrate that through location, construction, or camouflage, the proposed facility will have minimum visual impact upon the appearance of adjacent properties, views, and vistas of historic areas, scenic areas, and residential neighborhoods. False representations in an application shall be grounds for denial of a permit.

Multiple towers. An application to place multiple towers upon a single parcel shall require credible evidence that collocation is not practical. Any application for multiple towers on one parcel shall require approval by special exception.

vi.

Design of towers. The monopole design is the preferred tower structure. Use of guyed or lattice towers must be justified based on colocation opportunities or specific structural requirements.

vii.

Setback. All towers shall be set back from all property lines on which the tower is located by a minimum distance of 50 feet; provided that the setback shall be a distance equal to the height of the lowest engineered failure point on the propose structure; or the height of the tower, as verified in a report sealed by a professional engineer registered in the State of Mississippi. No portion of the tower structure shall be designed or constructed so that the height of the tower allows it to fall across the property line of any abutting property. Towers shall not be located within a distance equal to twice the height of the tower to any residence other than the residence on the parcel on which the tower is located.

viii.

Interference issues. If it is determined after installation of a telecommunications facility that any city infrastructure, or other users of the right-of-way, are experiencing interference, the Superintendent of Oxford Electric will contact all providers in proximity to the interference to assess the cause of the interferences. The Superintendent of Oxford Electric shall provide a recommendation in regard to the potential of interference with city infrastructure from the requested application.

•

If the complexity of the analysis requires technical expertise and the provider(s) are not able to provide such expertise and assistance to the satisfaction of the city within 14 days, the reasonable direct costs of such review, in an amount not to exceed $5,000.00 shall be reimbursed to the city by the provider found to be causing the interference. Pre-approval for such reimbursement shall be a condition of approval for any telecommunications facility permit.

•

If the provider chooses not to cooperate in analyzing the interference issue, the provider shall be directed to disconnect power to the suspected offending telecommunications facility.

Telecommunications facilities located within public rights-of-way or on public land. All such facilities are subject to the following conditions and approval by the planning department and the department of public works, in coordination with the electric department.

Standard review process. Applications for a telecommunications facility within a right-of-way for any structure other than the smart pole program shall be reviewed as follows:

•

Application form. All such requests shall submit a complete application containing all such information as is outlined on the application form available in the planning department or on website of the planning department.

•

Approval process. Approval by special exception required if proposed within or adjacent to residential districts, including TND and PUD districts. In other districts, the process shall be a special use allowing staff approval. Telecommunications facilities shall be found to be consistent with the design requirements of the land development code, and where applicable, the historic preservation commission(s).

•

Standard of review. The city shall review the application in light of its conformity with all applicable regulations for wireless telecommunications facilities and other requirements.

•

The city shall advise the applicant in writing of its final decision, and if the final decision is a denial, the document shall outline the basis for the denial, including the specific code provisions on which the denial was based. All final decisions shall be rendered within the time frame established in this Code. The applicant may submit documents to cure the deficiencies identified by the city and resubmit the application with the 30 days of the denial without paying an additional application fee.

ii.

Placement of facilities on existing city-owned poles. Wireless communications facilities may not be located on city-owned utility poles that carry 750 volts or more. Wireless communications facilities may only be allowed on other city-owned utility poles in accordance with the clearance requirements of the most current version of the National Electrical Safety Code. An applicant may propose replacement of a city-owned utility pole at the applicant's expense. Any such replacement pole will be subject to the height requirements below, and it must be of an appropriate type selected by the Planning Department.

iii.

Placement on smart poles. Providers may elect to enter into an agreement, with and upon the approval of the city, to participate in the city's smart pole program as explained below:

•

The provider must submit an application as noted in [subsection] i. above.

•

The smart pole shall be subject to the volumetrics as established in the definition of a small cell facility as defined in article 10.

•

Regarding replacement of poles, the city shall review applications and render approval as to the location within 14 business days, and process the application for the requisite permits required within 30 days.

•

After installation of any smart pole by the provider, the ownership and maintenance of the newly-installed smart pole shall remain with the city.

iv.

Location of support structures in the right-of-way. All support structures and aboveground transmission equipment are prohibited within the sidewalks, but may be located within a grass strip/green zone or frontage zone, generally defined as that area 24 inches from the face of the curb. The clear zone (1.5 feet from the edge of curb, and as designed for open ditch roads) must be free from any telecommunications facilities to meet the safety criteria for roadways. Also, all sidewalks must at all times be free from any telecommunications facilities so as to meet ADA standards.

Proximity to existing structures. No new telecommunications facility support structure may be erected in the right-of-way within 300 feet of an existing alternative support structure or eligible support structure. This does not include relocation or replacement of a utility structure, or installation pursuant to city standards for a smart pole within the right-of-way at a location approved by the city.

vi.

Placement in non-residential development. New telecommunications facility support structures in non-residential zoning districts may not be erected to a height exceeding the height of the tallest utility pole within 200 linear feet on either side of the same street, including antennas, lightning rods, or other extensions. If no other pole exists within 200 linear feet on the same street, the maximum overall height shall not exceed 39 feet. All new proposed support structures, other than a smart pole, within the right-of-way shall be designed for a minimum of two providers.

vii.

Placement in residential development. In residential developments with underground utilities, a location for a telecommunications facility support structure will be identified and approved as a part of the approval of a final plat for the subdivision. In existing residential developments with underground utilities, the provider will be required to incorporate stealth design as outlined in the design guidelines for any above-ground support structures. The maximum overall height of new telecommunications facility support structures in residential development, including antennas, lightning rods, or other extensions shall be determined through a special exception process. All new proposed support structures, other than a smart pole, within the right-of-way shall be designed for a minimum of two providers.

viii.

Each wireless communications facility located on a city-owned utility pole must have a separate electric meter, regardless of the type of tower, structure, or pole on which it is mounted.

ix.

Right to remove equipment.

•

Notice to remove. Within 90 days following written notice from the city, a notified wireless provider shall, at its own expense; protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any small wireless facilities within the rights-of-ways whenever the city has determined that such removal, relocation, change, or alteration is reasonably necessary for the construction, repair, maintenance, or installation of any city improvement in or upon, or the operations of the city in or upon, the rights-of-way.

•

Emergency removal or relocation of facilities. The city retains the right and privilege to cut or move any small wireless facility located within the rights-of-way of the city, as the city may determine to be necessary, appropriate, or useful in response to any public health or safety emergency. If permitted by circumstances, the city shall notify the wireless provider in advance and provide the wireless provider an opportunity to move its own facilities prior to cutting or removing a facility; or, when circumstances do not permit, shall notify the wireless provider after cutting or removing any such facility.

Cellular on wheels permit. A temporary use permit for a "Cellular on Wheels (COW or COLT)" shall require a permit from the appropriate city department or other entity/University of Mississippi in coordination with the public works department in connection with an event. It shall be limited to the duration of the event, including set-up and break-down of the equipment, not to exceed 14 days, but when circumstances reasonably warrant, the permit may be renewed at the discretion of the director of public works and the applicable city department or entity/university.

xi.

Waiver. The Director of Public Works shall be empowered to waive a utility structure relocation required if he determines that such utility structure relocation would prove to be a greater impediment to pedestrian traffic.

Screening and landscaping. The tower location shall provide for the maximum amount of screening of the facility. The site shall be landscaped with a buffer of plant materials that screens the view of all tower accessory structures, equipment, and improvements from adjacent properties at ground level from adjacent properties. The buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the area where tower accessory structures, equipment, and improvement are located at ground level. Existing mature vegetation and natural landforms on the site shall be preserved to the maximum extent possible. Types of materials used in buffer area may include the following:

The submittal shall include a schematic site plan, including the schematic landscaping plan with an elevation view of the type of facility to be placed on the site. It shall depict where the tower is to be located on the site and where any additional co-located transmission equipment, shelters, or vaults can be placed.

ii.

The submittal shall include a landscaping plan that complies with all landscaping requirements of the land development code, including details of placement and type of trees and other vegetation.

•

The visual impact of a tower on adjacent properties shall be minimized to the extent practicable by using existing topography, structures, and natural vegetation to screen the tower.

•

Trees and other vegetation shall be used to enhance the buffer and may be used in any landscape coverage ratios or requirements. Trees and vegetation shall be planted to provide an 80 percent year-round visual screening a maturity. Plants must be chosen that will reach maturity within two years. Staggered planting may be required to achieve this thicket effect.

•

All tower sites shall be landscaped with a ten-foot deep landscape yard with evergreen trees spaces a maximum of ten feet on-center or two staggered rows of shrubs spaced a maximum of eight feet apart. Any existing vegetation can be taken into account in evaluation of the landscaping plan. The selected trees and/or shrubs must meet standards for landscaping in the land development code and appendix.

iii.

Walls and fencing. Walls and fencing may be used within the buffer area. Where used, a six-foot masonry wall or solid chain link fence or a fence of approved wood of natural decay resistance must be placed along the inside perimeter of the buffer so as to provide 100 percent visual screening at the time of the issuance of the certificate of occupancy.

iv.

Security fencing, lighting, and signs.

•

All towers shall be reasonable protected against unauthorized access.

•

Security lighting for on-ground facilities is permitted, if it is shielded to keep the light confined within the site.

•

Signs shall be mounted on the fence enclosure.

Maintenance. The property owner (or lessee if provided in a lease) shall be responsible for the maintenance of all required and provided landscaping. All landscaped area must present a healthy, neat, and orderly appearance and shall be kept free from refuse and weeds. Any dead or diseased plant material shall be replaced by the property owner with new plantings that meet the requirements of any permit approved.

vi.

Exemptions.

•

In Industrial districts, a sight-obscuring fence at least eight feet high and a minimum of 75 percent opacity may be substituted for screening trees or shrubs when the applicant can demonstrate that it is impractical to provide vegetation.

•

Screening shall not be required if the base of the tower site is not visible from any adjoining property or is not otherwise visible from a dedicated right-of-way.

•

Additional site landscaping is not required for antennas that are being co-located on existing towers, or which are being placed on other buildings or structures where the antenna is being allowed as an accessory use.

Removal of abandoned antennas and towers. Before the issuance of a building permit for the construction of a tower, antenna, or accessory structure, the applicant, as a condition of the building permit, shall agree, as a condition of approval, that in the event the tower, antenna, or accessory structure is no longer used or is abandoned by the owner, the owner shall notify the city within 30 days of such abandonment happening, and the owner will remove the tower, antenna, and/or any support facilities within six months of cessation of operation. Shall the operator not inform the city of such abandonment, and it is found to be abandoned by the building inspector, the facilities must be removed within 30 days of receipt of notice by the planning director. This shall be the responsibility of the applicant company to whom the permit was issued or its successor company. After facilities are removed, the site shall be restored to its original or an improved condition, and anchoring elements shall be removed for the ground to within four feet of ground level.

District requirements.

The following are permitted in all zoning districts after the issuance of a building permit: Antennas attached to an existing tower or structure and not extending more than 20 feet above the highest point of the tower or structure.

ii.

The following are permitted in all zoning districts with a special exception permit after the issuance of a building permit: Antennas attached to an existing tower or structure and extending more than 20 feet above the highest point of the tower or structure; or new cell towers.

In addition to the required findings outlined in section 9.7 of the land development code for the granting of special exceptions, all the following factors shall also be considered in determining whether to issue a special exception for wireless communication facilities.

The height of the proposed antenna.

ii.

The proximity of the tower or antenna to residential structures and residential zoning district boundaries.

iii.

Technical or engineering requirements limiting placement of the tower or antenna in other areas to provide coverage.

iv.

Nature of uses on adjacent and nearby properties.

Surrounding topography, tree coverage, and foliage.

vi.

The design of the tower or antenna, with reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

vii.

Availability of suitable existing towers and other structures.

Performance standards.

Tower structures shall be setback from the nearest property line a distance equal to the height of the tower. This setback may be reduced to one-half the height of the tower if the applicant submits a report sealed by a professional engineer registered in the State of Mississippi that certifies that the tower is designed and engineered to collapse upon failure within that reduced setback.

ii.

Towers shall not be located within a distance equal to twice the height of the tower to any residence other than the residence on the parcel on which the tower is located.

iii.

New tower owners shall address the extent to which co-location will be allowed in the future. A letter of intent committing the tower owner and his successors to allow co-location, if a potential user agrees in writing to pay a reasonable charge, shall be filed in the planning office prior to any building permit being issued. New tower owners must demonstrate how co-location would be potentially situated on the site. Towers and structures shall be designed structurally and electrically for multi-tenants on the initial installation. Towers must also be designed to allow for future rearrangement of antennas on the tower and accept antennas mounted at different angles.

Screening and landscaping. The tower location shall provide for the maximum amount of screening of the facility. The site shall be landscaped with a buffer of plant materials that screens the view of all tower accessory structures, equipment, and improvements at ground level from adjacent properties. The buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the area where tower accessory structures, equipment, and improvements are located at ground level. Existing mature vegetation and natural landforms on the site shall be preserved to the maximum extent possible. Types of materials used in buffer areas may include the following.

Trees and other vegetation. Trees and other vegetation shall be used to enhance the buffer and may be used in any landscape coverage ratios or requirements. Trees and vegetation shall be planted to provide an 80 percent year-round visual screening at maturity. Plants must reach maturity within two years. Staggered planting may be required to achieve this thicket effect.

Security fencing, lighting and signs.

All towers shall be reasonably protected against unauthorized access.

ii.

Security lighting for on-ground facilities is permitted, if it is shielded to keep the light confined within the site.

iii.

Signs shall be mounted on the fence enclosure, on or adjacent to the gate prohibiting unauthorized entry, warning of the danger from electrical equipment and unauthorized climbing of the tower. It shall also identify the owner of the tower and a telephone contact number in case of emergency.

iv.

Co-location requirements. New tower applications shall address the extent to which co-location will be allowed in the future. Co-location potential for towers and structures is strongly preferred, and substantial proof will be required if it is not offered. Where co-location is planned, towers and structures shall be designed structurally and electrically for multi-tenant on the initial installation. Towers must also be designed to allow for future rearrangement of antennas on the tower to accept antennas mounted at different angles. The submittal shall include:

•

Documentation of the number of other users that can be accommodate within the design parameters of the tower as proposed.

•

A statement indicating the owner's commitment to allow feasible shared use of the tower within its design capacity for co-location. This shall include a letter of intent committing the tower owner and his successors to allow co-location, if a potential uses agrees in writing to pay a reasonable charge, shall be submitted with the application for a new tower filed in the planning office prior to any building permit being issued. New tower owners must demonstrate how co-location would be potentially situated on the site.

•

Detailed construction plans or drawings prepared by an engineer licensed in the State of Mississippi certifying that the tower has sufficient structural integrity and equipment space to accommodate multiple users.

•

New towers that are more than 100 feet tall, but less than 200 feet tall must be designed and built to accommodate no less than three or more personal communication system carrier applications and must be made available upon reasonable terms for co-location to at least three additional single antenna applications. Additionally, the site must be sufficiently large to accommodate at least three telecommunication equipment shelters, cabinets, or additions to existing structures.

•

New towers that are 200 or more feet tall must be designed and built to accommodate at least three personal communication system applications and at least three additional single antenna applications, plus at least one additional personal communications system application and at least one additional single antenna application for each additional 50 feet of height; to a maximum of six personal service communication system carriers and six single antenna applications to be made available upon reasonable terms for co-location.

No new tower shall be permitted unless the applicant provides supporting evidence that no existing tower or structure can accommodate the applicant's proposed antenna. Supporting evidence may consist of any of the following conditions:

No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements.

ii.

Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

iii.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

iv.

The applicant's proposed system would cause electromagnetic interference with the system on the existing tower or structure, or the system on the existing tower or structure would cause interference with applicant's proposed system.

The fees, cost, or contractual provisions required by the owner to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs are considered reasonable if they conform to standards of the industry or do not exceed new tower development.

vi.

The applicant demonstrates that there are other limiting factors that render existing towers or structures unsuitable.

Abandonment. Before the issuance of a building permit for the construction of a tower, antenna or accessory structure the applicant, as a condition of the building permit, shall agree that in the event the tower, antenna or accessory structure is no longer used or is abandoned by the owner, the owner shall notify the city within 30 days of such happening, and the owner will remove the tower, antenna, and support facilities within six months of cessation of operations. After facilities are removed, the site shall be restored to its original or an improved condition, and anchoring elements shall be removed from the ground to within four feet of ground level.

Alternative tower structure.

If an antenna is installed on an alternative tower structure, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure to make the antenna and related equipment as visually unobtrusive as possible.

ii.

If equipment is to be installed on an alternative tower structure, the applicant shall furnish a report from a professional engineer licensed in the State of Mississippi certifying the proposed alternative tower structure to be suitable for applicant's equipment and intended use.

3.11.9.

Commercial use of unenclosed rooftops. [Applicable in all districts allowing commercial uses.]

3.11.9.1.

Definitions: For the purpose of this section, "unenclosed rooftops" refers to a rooftop space or a balcony over a lower floor of a structure that is not completely enclosed by a durable and impervious material where access by the public is anticipated. The section applies to occasional or ongoing use by commercial vendors of food, beverages, and alcoholic beverages and does not apply to property used for non-commercial purposes or only by building residents or guests for occasional recreational purposes. Balconies that are only accessible to a single room suite of rooms and provide no public access are not considered to be a commercial use of an unenclosed rooftop.

3.11.9.2.

Districts permitted: SE in TNB, SCN, SCO, UCN, UCO, HUCN [districts].

3.11.9.3.

Parking: Not applicable.

3.11.9.4.

Loading: Not applicable

3.11.9.5.

Additional standards:

Barriers. Physical barriers shall be located six feet inside the perimeter of any unenclosed rooftop in such a manner that individuals cannot stand within six feet from the edge of the rooftop. Such barriers shall not be visible from the ground.

Non-breakable materials. All food and drink served or consumed on an unenclosed rooftop shall be served on or in non-breakable items.

Distribution. All food and alcohol served must be prepared for consumption within the interior of the building, but, once so prepared, may be transported to the unenclosed rooftop by either a patron or employee of the retailer.

Seating requirement. On any unenclosed rooftop, there must be seating available for all persons present on said unenclosed rooftop, and the number of patrons shall not at any time exceed the number of available seats. The number of patrons present shall be compliant in all respects and at all times with the International Building Code and all other applicable laws.

Building age. The commercial use of unenclosed rooftops shall not be permitted on structures 50 years or older.

Existing commercial use of unenclosed rooftops. Any commercial use of an unenclosed rooftop existing at the time of the adoption of this Code shall be considered a nonconforming use and shall comply with all regulations for nonconforming uses. Furthermore, the unenclosed nonconforming use will meet all requirements for a nonconforming structure.

Additional building permit prerequisites. In addition to the other requirements and conditions imposed elsewhere in the land development code, no building permit shall be issued for a building containing the commercial use of rooftop space unless all the following criteria are met:

The applicant submits structural plans, with all loads listed, bearing an original stamp of a licensed engineer.

ii.

If, in the building official's sole discretion, the building official deems it appropriate to retain a special inspector to supervise and/or inspect construction, said special inspector is retained at developer's expense.

(Ord. No. 2018-11, 7-17-2018; Ord. No. 2018-26, § I, 12-18-2018; Ord. No. 2020-11, § I, 8-18-2020; Ord. No. 2021-4, § I, 5-18-2021; Ord. No. 2025-2, § I, 1-21-2025)

Oxford City Zoning Code

ARTICLE 3

0. - USES AND USE CONDITIONS

Sec. 3.1. - Nonconforming Uses.

3.1.1.

3.1.2.

3.1.3.

3.1.3.1.

3.1.3.2.

3.1.4.

3.1.4.1.

3.1.4.2.

3.1.4.3.

3.1.4.4.

Reestablishment restricted. A legal nonconforming use, when discontinued or abandoned, shall not be resumed. Discontinuance or abandonment shall be defined as:

When land used for a legal nonconforming use ceases to be used in a bona fide manner for 30 calendar days.

When a building designed or arranged for a nonconforming use ceases to be used in a bona fide manner as a legal nonconforming use for a continuous period of 180 calendar days.

When a building designed or arranged for a conforming use shall cease to be used in a bona fide manner as a legal nonconforming use for 180 calendar days.

3.1.4.5.

Reversion prohibited. A legal nonconforming use, if changed to conforming use, may not after that revert or be changed back to a nonconforming use.

3.1.4.6.

Structural alterations restricted. No structural changes shall be made in any structure occupied by a nonconforming use except as follows:

Structural changes ordered by an authorized official to ensure the safety of the structure shall be permitted.

Maintenance and repairs to keep a structure in sound condition shall be permitted.

Structural changes necessary to convert the nonconforming use to a conforming use shall be permitted.

The structure and its accompanying use may be moved to another location on the lot so long as the structure meets all applicable requirements of the district.

3.1.5.

3.1.5.1.

Continuation permitted. A nonconforming structure, devoted to a use permitted in the zoning district in which it is located, may continue only in accordance with the provisions of this section.

3.1.5.2.

Repair and maintenance permitted. Normal repair and maintenance may be performed to allow the continuation of a nonconforming structure.

3.1.5.3.

Certain enlargements permitted. Any nonconforming structure may be enlarged if the expansion does not increase the nonconformity.

3.1.5.4.

Changes for conversion permitted. Structural changes necessary to convert the nonconforming use to a conforming use shall be permitted.

3.1.5.5.

Movement restricted. A nonconforming structure shall not be moved unless afterward it conforms to the standards of the zoning district in which it is located.

3.1.5.6.

Repair and restoration restricted. A nonconforming structure destroyed or damaged so that more than 60 percent of its tax value remains, may be repaired or restored if:

A building permit for the repair or restoration is issued within 180 calendar days of the date of the damage and remains valid until the repairs or restoration are complete.

The total amount of space devoted to a nonconforming use is not increased, and the degree of nonconformity in the structure is not increased.

3.1.5.7.

3.1.5.8.

Replacement restricted. A nonconforming structure shall not be replaced with another nonconforming structure regardless of the degree of nonconformity.

3.1.6.

3.1.6.1.

3.1.6.2.

3.1.6.3.

Movement and replacement restricted. A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this section.

3.1.6.4.

3.1.6.5.

3.1.6.6.

3.1.6.7.

It advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted.

The advertising message it displays becomes illegible in whole or substantial part.

The advertising copy paid for by a party other than the sign owner or promoting an interest other than the rental of the sign has been removed.

3.1.6.8.

Signs advertising an enterprise or activity that is no longer operating or being offered or conducted.

Portable signs and temporary signs.

Signs that are in violation of article 7.

3.1.6.9.

3.1.7.

3.1.7.1.

3.1.7.2.

3.1.8.

3.1.9.

Nonconforming manufactured home parks.

3.1.9.1.

Expansion prohibited. Nonconforming manufactured home parks may not be expanded or increased in size which shall include adding spaces to the park.

3.1.9.2.

Replacement of park prohibited. When a nonconforming manufactured home park is vacated, the park shall not be reestablished.

3.1.10.

(Ord. No. 2018-11, 7-17-2018)

Sec. 3.2. - General district regulations.

3.2.1.

Accessory amenity. Accessory amenities may be located in a front or side yard at the discretion of the planning director. See section 3.11.1(k).

3.2.2.

Building orientation. Buildings shall be oriented to the public street from which they take access, unless alternative orientation is approved by the Planning Director.

3.2.3.

3.2.4.

3.2.5.

Encroachment provisions.

3.2.5.1.

If roof overhangs or appurtenances not at grade project from the outside wall of a residence no more than three feet, they shall not be considered in the calculation of the setback.

3.2.5.2.

Outside air conditioning units or similar installations shall be setback a minimum of five feet from any property line.

3.2.6.

3.2.7.

3.2.8.

3.2.9.

3.2.10.

3.2.11.

3.2.12.

3.2.13.

3.2.14.

3.2.15.

3.2.16.

3.2.17.

3.2.17.1.

Such equipment may be parked anywhere on residential premises for a period not to exceed 24 hours during loading or unloading.

3.2.17.2.

No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.

3.2.17.3.

3.2.18.

Retaining walls.

3.2.18.1.

3.2.18.2.

3.2.18.3.

Height shall be measured from adjacent grade to top of the wall. Parts of a wall below adjacent grade shall not be included in the measurement of height.

3.2.18.4.

3.2.18.5.

3.2.18.6.

See article 5 (section 5.5.3) for retaining wall design standards.

3.2.19.

3.2.20.

Utilities.

3.2.20.1.

Utility installations shall meet all applicable codes and be approved by the city.

3.2.20.2.

All developments and substantial improvements including (single-family homes, apartment complexes, shopping complexes, professional offices, etc.) shall have all utilities installed underground.

3.2.21.

(Ord. No. 2021-4, § I, 5-18-2021; Ord. No. 2022-5, § I, 5-17-2022)

Sec. 3.3. - Table of Uses.

3.3.1.

3.3.2.

Determination of use category.

3.3.2.1.

3.3.2.2.

3.3.2.3.

3.3.2.4.

3.3.2.5.

Where a cell is left blank the use to which it refers is not permitted in the indicated district.

3.3.2.6.

3.3.2.7.

Table 3.3 Table of Uses

P = Permitted S = Special Use SE = Special Exception	Low Intensity			Moderate Intensity				Higher Intensity				Special
P = Permitted S = Special Use SE = Special Exception	Agricultural	Rural Center	Estate Residential	Suburban Residential	Neighborhood Residential	Suburban Multi-Family	Traditional Neighborhood Business	Suburban Center	Suburban Corridor	Urban Center	Urban Corridor	Historic Urban Center	Industrial	Institutional
Zoning District	A	RCN	ER	SR	NR	SMF	TNB	SCN	SCO	UCN	UCO	HUC	IND	INST
RESIDENTIAL USE TYPES (3.5)
Dwellings — Detached	P	P	P	P	S/SE	SE	SE	SE	SE
Dwellings — Zero Lot Line/Patio			SE	SE	S/SE	S/SE	SE	S	S
Dwellings — Townhouse					S	S	SE	S	S	SE	SE	S/SE
Dwellings — Attached					S/SE	S/SE	SE	SE	SE	SE	S/SE
Dwellings — Multi-Family						S/SE	SE	SE	SE	SE	SE	SE
Dwellings — Accessory	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE
Conservation Developments			SE	SE
Residential CID	S		S	S	S	S				SE	SE
Manufactured Home Developments	SE					SE
INSTITUTIONAL USE TYPES (3.6)
Assisted Living Facilities			SE	SE	SE	SE	SE	SE	SE	SE	SE
Care Centers and Care Homes	S/SE	SE	SE	SE	SE	SE	SE	S	S	SE	SE
Cemeteries and Columbariums	SE									SE	SE			P
Convalescent, Rest, and Nursing Homes			SE	SE	SE	SE	SE	SE	SE
Group Care Homes and Facilities			SE	SE	SE	SE	SE	SE	SE
Life Care Communities			SE	SE		SE		SE	SE
Municipal Buildings and Facilities	S	S	S	S	S	S	S	S	S	S	S	S		S
Public Buildings and Facilities	SE	S	SE	SE	SE	S	SE	S	S	S	S	S	S	S
Religious Assembly Uses	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE
Schools — Preschool/Kindergarten	SE	SE	SE	SE	SE	SE	SE	P	SE					P
Schools — Elementary or Middle	SE	SE	SE	SE	SE	SE		SE	P					P
Schools — High School	SE		SE	SE										P
Schools — Post Secondary	SE	SE					SE	P	P	P	P
RECREATIONAL USE TYPES (3.7)
Firing Ranges	S							SE	SE					S
Open Space (Active) Public or Private	S	S	S	S	S	S	S	S	S	S	S			S
Open Space (Passive) Public or Private	P	P	P	P	P	P	P	P	P	P	P	P	P	P
Private Recreational Clubs or Facility	S/SE		S/SE	S/SE	SE	S/SE		S/SE	S/SE	SE	SE
COMMERCIAL USE TYPES (3.8)
Banks and Credit Unions		S/SE				S	S/SE	S	S	S	S	S
Bed and Breakfast Establishments	SE	SE	SE	SE	SE
Grocery Stores		P					P/SE	P/SE	P/SE	SE	SE
Hotels, Motels, or Inns						SE	S/SE	S	S	S	S	S
Offices — Professional		S				S	S	P	P	P	P	P
Recreational Uses, Commercial — Indoor	S					S	S	S	S	SE	SE
Recreational Uses, Commercial — Outdoor	SE						SE	SE	SE
Recreational Vehicle Parks	SE					SE
Restaurants		S/SE				SE	S/SE	S	S	S	S	S	SE
Retail Sales — Inside only	S	S/SE				SE	S/SE	S/SE	S/SE	S/SE	S/SE	P	SE
Retail Sales with Outside Displays		S/SE					S/SE	S/SE	S/SE	S/SE	S/SE
Service Stations		S/SE					SE	S	S	S	S		S
Small Craft Brewery							SE	S	S	S	S	SE	S
Theaters							S	S	S	S	S	S
Vehicle Repair and Maintenance	SE	SE					SE	SE	SE	SE	SE		S
SERVICE USE TYPES (3.9)
Medical Cannabis Establishment	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE
Medical Facilities	S	S				SE	S	S	S	S	S	S
Mortuaries and Funeral Homes	SE	SE					SE	P	P	SE	SE
Studios — Art, Craft, Music, Dance		S				SE	S	S	S	S	S	S
Other Service Uses — Indoor Only		S				SE	S	S	S	S	S	S	S
INDUSTRIAL USE TYPES (3.10)
Crematoriums								SE	SE				P
Manufacturing Uses													S
Self-Storage Facility	SE							SE	SE				P
Truck Terminals													P
Warehouses													P	P
Wholesale Sales										SE	SE		P
OTHER USE TYPES (3.11)
Accessory Uses or Structures (Excluding Dwellings)	S	S	S	S	S	S	S	S	S	S	S	S	S	S
Agriculture	P		S	S										P
Forestry	P													P
Gated Entries	SE	SE	SE	SE	SE	SE	SE	SE	SE	SE	SE	SE	SE	SE
Heliports													S	S
Home Occupations	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE
Mixed-Use and Non-Residential Common Interest Development							S	S	S	S	S		S
Temporary Uses	S	S	S	S	S	S	S	S	S	S	S	S	S	S
Wireless Communication Facilities	S	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	S/SE	SE	S	S
Use of Unenclosed Rooftops							SE	SE	SE	SE	SE	SE