A.

Coordination with subdivision regulations. In all cases where the ownership of land is divided for the purpose of eventual development of lots of any kind—residential, commercial, or industrial—the provisions of the city subdivision regulations [appendix A to this Code] shall apply in addition to the provisions of this zoning ordinance.

B.

Principal building regulation. Unless a plat has been approved for a planned-development project, a commercial center or a condominium project, only one principal building and permitted accessory structures may be erected on any lot of record or any conforming lot. Temporary structures are permitted during the construction period only.

C.

Use. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

D.

Approved water supply and sewage disposal for building. It shall be unlawful to construct any building or occupy any mobile home without water supply and sewage disposal facilities approved by the county health officer. Wherever water or sewer mains are accessible, buildings and mobile homes shall be connected to such mains. In every other case, individual water supply and sewage disposal must meet the requirements set by the county health officer. The county health officer's certificate approving proposed and completed water and sewage facilities must accompany application for building permits and certificates of occupancy.

E.

Junkyards. Junkyards are not designated as permitted uses in any district and are consequently nonconforming uses in all districts. They shall conform with the section of this zoning ordinance prescribing regulations for nonconforming uses. The enforcement officer shall ensure that all existing junkyards maintain opaque fence or other suitable screening to a height of six feet above the level of the ground on all sides of the property, except that such fence may be omitted on any property line which separate two junkyards. The zoning enforcement officer shall require that all existing junkyards maintain a permit to operate and a valid certificate of nonconforming use according to this ordinance.

F.

Mobile home parks. Mobile home parks shall be permitted only in those zoning districts where they are designated as a special use under the zoning district regulations. All mobile home parks shall conform with all provisions of the Mississippi Revised Statutes and shall conform with all applicable provisions of this zoning ordinance and all attached special conditions. All mobile home parks shall be subject to the following regulations:

1.

Procedure. In applying for a zoning permit for a mobile home park, the applicant shall submit a plan to the enforcement officer showing at least the following information:

a.

Name and address of applicant.

b.

Name and location of mobile home park.

c.

Dimensions and locations of all lot lines, roads, and easements. Each mobile home lot shall be numbered.

d.

Contour lines to indicate slope and drainage.

e.

Location of all utilities: public and private water, sewage, drainage, and electrical facilities and easements.

f.

Public areas such as visitor's parking, recreational areas, etc., if such areas are proposed.

g.

Large-scale plan of one typical mobile home lot showing mobile home location, automobile parking space, etc.

h.

Location of planting for landscaping purposes or as required for protective buffer purposes as a special condition.

2.

Standards. All mobile home parks shall conform with the following standards for development:

a.

All mobile home parks shall include lots for at least ten mobile homes. Mobile homes are not permitted on lots outside of approved mobile home parks in any district unless specifically permitted by other provisions of this zoning ordinance.

b.

Each mobile home shall have a lot of at least 4,000 square feet if connected with a public sewer or 9,000 square feet if not connected with a public sewer.

c.

No mobile home shall be located closer than 20 feet to another mobile home.

d.

A road with a pavement at least 20 feet wide shall provide direct access to a public street and to each mobile home lot. The area occupied by the road shall not fulfill part of the area requirements for any lot. All roads shall be designed to enable mobile homes entering the park to reverse directions without having to back more than one mobile home length.

e.

One paved automobile parking area shall be provided on every mobile home lot.

f.

All mobile home parks shall conform with the state board of health regulations which prescribe standards for water supply, sewage disposal, and other facilities. Each mobile home park shall be adequately drained, so that no mobile home lot shall be subject to the collection of stormwater.

g.

Mobile home parks shall be surrounded by a buffer strip at least 15 feet in depth on the sides and rear and 50 feet in depth along the front measured from the street right-of-way line; provided, however, that no side or rear buffer is required between adjacent mobile home parks. The interior 20 feet of a 50-foot front buffer may be used for interior street, road or driveway.

h.

Buffers shall otherwise be unoccupied except for landscaping, utility facilities, signs, or entrance ornamentation.

i.

A minimum of five percent of the gross land area of the mobile home park shall be required for recreational purposes.

j.

All streets, roadways and driveways within the park shall meet the minimum construction standards recommended by the city engineer. They shall be adequately lighted at night.

k.

No mobile home park district shall contain less than five acres.

3.

Issuance of zoning compliance certificate. The planning commission, or the board of zoning adjustment if delegated by the planning commission, may attach reasonable special conditions to its approval of a mobile home park and may direct the enforcement officer to issue a zoning compliance certificate. The enforcement officer shall not issue the zoning compliance certificate until he has received written authorization from the planning commission, or board of zoning adjustment, and the applicant shall not start construction until he has also obtained a valid construction permit from the state department of health as required by the Mississippi Revised Statutes.

4.

Issuance of certificate of occupancy. The enforcement officer shall issue a certificate of occupancy only after he has determined that the mobile home park has been prepared according to all applicable regulations and special conditions. The applicant must also obtain a valid permit to operate from the state department of health as required by Mississippi Revised Statutes.

G.

Individual mobile homes. A mobile home is permitted on a lot of record other than in a mobile home park in those districts where they are designated as a special exception if it may be shown that no such park facilities are available within reasonable proximity and that all other provisions of this and other city ordinances and Mississippi Revised Statutes pertaining to mobile homes are satisfied and providing that they conform to all regulations established for principal buildings in those districts. Such special exception must be secured from the board of zoning adjustment as provided in section 1005 of this ordinance and is subject to termination after reasonable notice when adequate facilities within a lawful mobile home district become available. The board of zoning adjustment shall decide such availability as intended by this section, after a public hearing.

H.

Planned development projects. A planned development project of at least five acres may be permitted in those zoning districts where it is designated as a special use under the zoning district regulations or may be permitted in any district after an amendment to the zoning map. A planned development project may depart from literal conformance with individual lot dimension and area regulations. A planned development project may be under single or divided ownership. All planned development projects shall be subject to the following regulations:

1.

Procedure. When a planned development project is proposed the procedure for subdivision approval as set forth in the subdivision regulations [appendix A to this Code] shall be followed in its entirety even though the ownership of land may not be divided. A preliminary plat and final plat, both approved by the planning commission, shall be required for every planned development project. The planning commission may establish a schedule of reasonable fees to be charged for plat review. The project shall be developed according to the approved final plat. Building permits and certificates of occupancy shall be required for each building.

2.

Uses and densities. The uses of premises and densities in a planned development project shall conform with the permitted uses and densities of the zoning district in which it is located when it is permitted as a special use. If a planned development project is proposed which includes uses or densities that are not permitted in any zoning district, where it is proposed or not permitted in any zoning district, the project may be permitted after an amendment to the zoning map designating the proposed location as a planned development project district in conformance with article VI, section 615.5 of this zoning ordinance. The amendment may be made after the conditional approval of the preliminary plat and shall be valid only for that project as approved.

3.

Standards. In any planned development project, although it is permissible to depart from literal conformance with the individual lot dimension and area regulations, there shall be no reduction in the total equivalent lot area, parking area, and loading and unloading area requirements that would be necessary for the equivalent amount of individual lot development in the zoning district where it is located unless an amendment is made to permit a greater density according to article VI of this zoning ordinance.

4.

Special conditions. The planning commission shall attach reasonable special conditions to ensure that there shall be no departure from the intent of this zoning ordinance. The planned development project shall conform with all such conditions. Since a planned development project is inherently more complex than individual lot development and since each such project must be tailored to the topography and neighboring uses, the standards for such projects cannot be inflexible. In addition to imposing the standards for total area, parking area, and loading and unloading areas defined in paragraph 2 above, the planning commission shall attach special conditions based on all the following standards:

a.

It is desirable that access points to all arterial streets shall be located no more frequently than once every one-eighth to one-quarter mile.

b.

Wherever there is an abrupt change in use—e.g., residential to commercial—it is desirable that a buffer area of open space or protective planting be placed between them which will protect each use from the undesirable effects of the other.

c.

Parking and other public areas used at night shall be adequately lighted. Private areas shall be protected from such lighting or any other lighting from public areas. Public streets may also require protection from excessive glare of lighted areas.

d.

The planning commission may also attach any other reasonable special conditions as they deem necessary.

I.

Time-sharing prohibited. The practice of time-sharing of real estate is prohibited within the city limits of the City of Pass Christian, Mississippi.

J.

Condominiums.

(1)

A condominium is a type of ownership - not a use. A condominium may be an Industrial Park shared by two or more industries each of which own their own site, a shopping mall or a shopping center with several merchants owning their own sites, an apartment house in which apartments are sold, an apartment house in which the units are owned by individuals while the building is operated as a hotel, or some other use with separate ownership of units therein. This Zoning Ordinance is designed to regulate use - not type of ownership. Condominiums are allowed in any district in which the contemplated use is allowed.

(2)

Because Condominium ownership does preclude direct access to public streets and public utilities by owners of condominium units that do not immediately abut a public right-of-way the Planning Commission must review the plans for the development and make recommendations to the Mayor and Board of Aldermen prior to action being taken to grant either preliminary or final approval for the condominium. All condominium projects shall be subject to the following regulations:

1.

Procedure: When a condominium project is proposed the procedure for subdivision approval as set forth in the subdivision Regulations shall be followed in its entirety. A preliminary plat and a final plat, both approved by the Planning Commission, shall be required for every condominium project. The Planning Commission may establish a schedule of reasonable fees to be charged for plat review. The project shall be developed according to the approved final plat. Building permits and certificates of occupancy shall be required for each building when more than one building is planned as a part of the condominium project. Condominium complexes may be developed in phases with approval of the Planning Commission.

2.

Uses, Densities, and Off-Street Parking: Except as otherwise provided herein, the uses and densities in a condominium project shall conform with the permitted uses and densities of the zoning district in which it is located. Swimming pools and accessory structures shall be allowed in any front or side yard subject to setback requirements. Dumpsters shall be maintained in enclosed areas and in locations on any condominium complex site so as not to constitute a nuisance for noise and smells to adjoining residential areas. 1.5 parking spaces per residential condominium unit shall be required and an additional one space shall be required for every ten units. The parking space requirements for commercial and mixed (both commercial and residential) use condominium projects shall be as provided in section 404.

3.

Condominiums in C-1, C-2, and C-4 districts shall not exceed a height greater than fifty (50) feet. Density requirements for condominium complexes under this subsection shall not exceed fifteen (15) residential units per acre. A buffer zone of fifty (50) feet shall be required on any boundary of the condominium complex where the same adjoins a residential area. The buffer zone shall be measured from any residential boundary line to any principal condominium building. One half of the buffer zone may be used for parking area, but no building may be constructed upon same. A front yard of fifty (50) feet and a side yard of twenty (20) feet shall be required for a condominium complex. Under this subsection, the condominium footprint for the principal buildings shall not exceed thirty (30 percent) percent of the site area. The lot coverage of the principal buildings, accessory structures, swimming pools, and parking lots shall not exceed seventy (70 percent) percent of the site area.

4.

Notwithstanding the foregoing, Condominiums not exceeding sixty (60) feet in height shall be allowed in a C-3 district on a site of at least five acres. The density requirements for condominium complexes under this subsection shall not exceed thirty (30) residential units per acre. Density shall be determined based upon the total amount of the acreage contained within the site area, including areas used for parking areas and buffer zones. For these (high rise) types of condominium complexes, a buffer zone of fifty feet shall be required on any boundary where the same adjoins a residential area. The buffer zone shall be measured from any principal condominium building to any residential boundary line. One half of the buffer zone may be used for parking area, but no building may be constructed upon the same. A front yard of seventy-five (75) feet and a side yard of twenty (20) feet shall be required for these high-rise condominium complexes. Notwithstanding the foregoing an additional one foot per story exceeding five stories shall be required for any side yard abutting a residential use. Under this subsection, the condominium footprint for the principal buildings shall not exceed thirty (30 percent) percent of the site area. The lot coverage of the principal buildings, accessory structures, swimming pools and parking lots shall not exceed seventy (70 percent) percent of the site area.

5.

Standards: Condominium development implies that individual condominium units will be owned on a wall-to-wall basis within a larger structure, and that the structure will contain common areas both within the structures and upon the surrounding grounds. There shall be no reduction in the total-equivalent-lot-area, parking area, and loading and unloading area requirements that would be necessary for the equivalent amount of individual lot development in the zoning district where it is located.

6.

Condominium Documentation: Condominium ownership requires that a Condominium Declaration be filed of record defining the rights and duties of the Condominium Operator and the rights and duties of the owners of the Condominium Units. The Condominium Declaration must define how the rights and duties are to be enforced. The Condominium Declaration shall be filed with and as a part of the request for final subdivision approval. The Planning Commission shall not approve the final plat until the City Attorney has determined that the Condominium Declaration has identified a legal entity which the city could hold responsible for the operation and maintenance of the condominium units and common areas, and that accepting the declaration would not put an undue burden on the taxpayers of the City. At any time, the Condominium Declaration is amended, replaced, or cancelled the proposed new or amended document must be approved by the City Attorney, recommended by the Planning Commission, and adopted by the Mayor and Board of Aldermen.

7.

Special Conditions: The Planning Commission shall attach reasonable special conditions to ensure that there shall be no departure from the intent of this zoning ordinance. The Condominium project shall conform with all such conditions. Since a Condominium project is inherently more complex than an individual lot development and since each such project must be tailored to the topography and neighboring uses, the standards for such projects cannot be inflexible. In addition to imposing standards for total area, parking area, and loading and unloading areas defined in paragraph 4 above, the Planning Commission shall attach special conditions based on the following standards:

a.

It is desirable that access points to all arterial streets shall be located no more frequently than once every one-eighth to one-quarter mile.

b.

Whenever there is an abrupt change in use, i.e., residential to commercial, a buffer area of open space or protective planting shall be placed between the residential and the commercial uses to protect each use from the undesirable effects of the other.

c.

Parking and other public areas used at night shall be adequately lighted. Private areas shall be protected from such lighting or any lighting from public areas. Public streets may also require protection from excessive glare of lighted areas.

d.

The Planning Commission may also attach any other reasonable special condition as they may deem necessary.

(Ord. No. 449, § 2, 10-2-1984; Ord. No. 597, §§ 2, 3, 3-15-2005)

A.

Purpose.

If within the zones established by this ordinance (or amendments that may be adopted later) there exist lots, structures, and uses of land and structures which were lawful before this order was passed or amended, but which are prohibited under the terms of this order, such uses be termed nonconforming uses. Such uses are declared by this ordinance to be incompatible with permitted uses in the zones involved.

However, it is the intent of this ordinance to permit these nonconformities to continue in their present condition. It is further the intent of this ordinance that nonconformities shall be allowed to expand and extend so long as no conforming property is made to become nonconforming, provided that such expansion or extension is approved as a special exception.

A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land, shall not be extended or enlarged after passage of this ordinance by attachment of additional signs to the building, of the placement of additional signs or display devices on the land outside of the building, or by the addition of other uses, if such additions are of a nature which would be detrimental to the nearby property.

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, and demolition, elimination and removal of an existing structure in connection with such construction, provided that actual construction work shall be diligently carried on until the completion of the building involved.

B.

Explanation. When a lot, structure or use legally exists prior to the adoption of this ordinance but does not meet the requirements of this ordinance, it is permitted to continue within the limits set forth in this section. Under such circumstances it is said to have nonconforming status. There are three types of nonconforming status:

1.

Nonconforming land. The lot or acreage is smaller than the minimum permitted in the zone in which it is located.

2.

Nonconforming structure. The structure comes closer to the lot lines, is taller than or otherwise violates the minimum or maximum space requirements established for the zone in which it is located.

3.

Nonconforming use. The use to which land and/or structures is being put is not a principal, accessory or conditional use permitted in the zone in which it is located and is not otherwise permitted in this ordinance. Uses in existence at the time of the adoption of this ordinance which fall within the category of conditional use in the zone in which they are located are automatically conditional uses and have the same status as if they had been issued a permit from the board of zoning adjustment for this use.

C.

Nonconforming lots of record.

In any zone in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single-family dwelling and customary accessory building may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance. Such lot must be in separate ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the zone, provided that yard dimensions and other requirements (not involving the area or width of the lot) shall conform to the regulations for the district in which the lot is located. Variance of area, or width requirements for other than the lot as a whole, may be obtained only through action of the board of zoning adjustment in the usual manner.

If two or more lots or combination of lots and portions of lots with continuous frontage in a single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used which does not meet lot width and area requirements established by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this ordinance.

D.

Nonconforming use of land. Where, at the effective date of adoption or amendment of this ordinance, a lawful use of land exists that is made no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

1.

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance, unless approved as a special exception.

2.

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption, or amendment of this ordinance, unless approved as a special exception.

3.

If any such nonconforming use of land ceases, or is discontinued, or abandoned for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which the land is located.

E.

Nonconforming use of structures. If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance, which would not be allowed in the zone under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.

Any existing structure devoted to a use not permitted by this ordinance in the zone in which it is located shall not be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the zone in which it is located, unless approved as a special exception.

2.

Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building, unless approved as a special exception.

3.

No nonconforming use may be changed to another nonconforming use.

4.

Where any nonconforming land, structure or use in part or whole is made to conform to the regulations for the zone in which it is located, the part or whole which has been made to conform may not thereafter be changed in such manner as would be nonconforming.

F.

Repairs.

Repairs, replacement and modernization are permitted on any building devoted in whole or in part to any nonconforming use, provided that the cubical contents of the building may not be enlarged or expanded unless such enlargement or expansion be approved as a special exception.

Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any city official charged with protecting the public safety, upon order of such official.

G.

Loss of nonconforming status. Where a structure is nonconforming or where the use of a structure or of land has nonconforming status, such status shall be forfeited under any of the following circumstances:

1.

If nonconforming land is legally joined under common ownership with other adjoining land so that the entirety is conforming.

2.

If a nonconforming use of land ceases for any reason for a period of one year.

3.

If a nonconforming structure is made to conform.

4.

If a nonconforming use of a structure or of a structure and land in combination is discontinued or abandoned for 12 consecutive months or for 24 months during any four-year period. (Note: As used herein, the term "discontinued" means that the owner or party responsible for the use of the property cannot demonstrate that he had clear intent to continue using the property for the nonconforming purpose and that he had augmented that intent by making every reasonable effort to continue to have the property so used. A demonstration of intent would be reasonable continuous effort to have the property rented or sold for the nonconforming purpose.)

5.

The nonconforming use is changed to a conforming use no matter how short the period of time.

6.

Destruction for the purpose of this subsection is defined as damage to an extent of more than 80 percent of the replacement cost at time of destruction.

Once forfeited, nonconformance may not again be used as a defense against prosecution for violation of the provisions of the [this] zoning ordinance.

A.

Street frontage. No lot shall contain in [sic] any dwelling unless such lot abuts at least 35 feet on at least one street, or such lot was subdivided previous to the enactment of this ordinance.

B.

Front yard.

1.

Measurement of depth.

a.

The normal method of measurement is the shortest possible distance measured horizontally between any part of a main building and any part of the front lot line.

b.

When the street right-of-way line describes a curve, an alternate method of measurement is herein provided and may be used at the option of the property owner or developer. The front yard may be measured at right angles to a chord extended between the points where the right-of-way line intersects the side lot line.

c.

When adjoining front yards are less than required in the zone. When the average depth of existing front yards located within 100 feet of either side of a lot and within the same block and zone is less than that required in the zone, the minimum depth of the front yard required for any newly constructed building shall be the average front yard depth of the aforementioned lots on either side.

2.

Determination of front yard on corner lots. Where a lot is a corner lot fronting on two existing or proposed streets that intersect, the front yard may be designated by the owner without respect to the location of the front door.

C.

Rear yard.

1.

When abutting an alley, may be measured to the centerline of the alley.

2.

Where a lot is wedge-shaped or otherwise irregularly shaped in the rear yard, a rear yard of less than normal depth is permitted under the following conditions: The minimum depth is at least one-half the normally required rear yard depth, and the total area in the rear yard is not less than the total area in the rear yard of a rectangular shaped lot having the minimum width required for the zone in question. The rear yard in such instances shall be computed by extending a line that intersects the side lot lines and intersects or coincides with the rearmost wall of the main building, and which line is parallel to the front property line, or a chord extended across the curve of the property line. All the area enclosed by the aforementioned line, the side lot lines and the rear lot line(s) shall be computed as the rear yard area.

3.

In less restrictive zones and within 100 feet of a residential or business zone rear yards which abut the residential or business zone shall have a minimum depth equal to that required in the more restricted zone.

D.

Side yard.

1.

On corner lots in residence zones the side yard fronting on an existing street or platted and recorded street that is unimproved shall have a depth not less than 50 percent of the required front yard depth, or ten feet, whichever is greater.

2.

In less restrictive zones and within 100 feet of a residential or business zone side yards which abut the residential or business zone shall have a minimum width equal to that required in the more restricted zone, unless a greater width is required for the zone in which it is located.

E.

Irregular yard lines.

1.

Where a wall of a building is not parallel with the lot line or where the lot line is irregular: The required depth or width of any such yard may be taken as the average depth or width; provided, however, that the side yard shall not be narrower than six feet at any point and the front yard not less than 15 feet at any point.

F.

Courts.

1.

The width of an outer court is that horizontal dimension which is substantially parallel to the principal open end of such court. If the two sides of the court are not parallel, the width shall be the average distance between the two sides, which usually can be measured along a line between the midpoint of the opposite sides.

2.

The depth of an outer court is the horizontal distance between the midpoint of the principal open end to the midpoint of the opposite end.

3.

The minimum space between two or more buildings in a group shall be 50 feet if the buildings are located so that the front on one building faces either the front or rear of another building and 20 feet when buildings are oriented in any other manner. (e.g., front to side).

G.

Visibility at intersections. On a corner lot in any residence zone, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede visibility across the corner between a height of 2½ and ten feet above the centerline grades of the intersecting streets and within 20 feet of the corner as measured at the property line.

H.

Projections.

1.

Cornices, coves, belt courses, ornamental features and fire escapes may extend into the required yard area, a maximum of 1½ feet or one-third the required yard depth, whichever is less, if they are at least seven feet above ground level at their lowest point.

2.

Covered porches, terraces and enclosed vestibule or entryway, not over 12 feet in width may extend five feet into a required front or rear yard provided the nearest point of the projection is at least ten feet from the front or rear lot line.

3.

Chimneys, open stairways, eaves and gutters may extend two feet into the required side yard or one-third the required distance, whichever is less providing that they do not occupy in the aggregate more than one-third of the length of the building wall on which they are located.

I.

Accessory buildings.

1.

Shall not exceed 25 feet in height in residential zones.

2.

Shall occupy no part of the front yard or required side yard of a residential lot, except a garage may occupy half the dimension of the required side yard if the garage is to be not less than 12 feet from a principal structure.

3.

Shall be included in determining lot coverage by the principal buildings or building. The following shall be exceptions:

a.

Swimming pools.

b.

Not more than one single-story accessory building which occupies 500 square feet or less of rear yard area, per site.

J.

Area cannot be reduced.

1.

No lot, yard, court, parking area or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under the [this] zoning ordinance. If already less than the minimum required, said area or dimension shall not be further reduced.

2.

No part of the space required about any building or group of buildings for the purpose of complying with the [this] zoning ordinance shall be used as part of the required space for another building or group of buildings unless otherwise provided for in this order.

A.

Total amount of space required.

In all zones, regarding every use, sufficient off-street parking spaces shall be provided to accomplish the principles set forth in this ordinance and to meet the parking demands generated by residents, employees, company officials, company vehicles and customers. Each parking space shall contain not less than 200 square feet in area exclusive of access and circulation aisles.

Where there is more than one use in a single structure on a site (e.g., doctor, attorney, and retail grocery) or two or more separate instances of the same use (e.g., two doctors' offices), off-street parking requirements shall be the sum of the requirements for the various uses. Off-street parking required for one occupant of a structure shall not be considered as satisfying the required parking facilities for another occupant of the structure unless otherwise provided in this order. The minimum number of required spaces shall be determined by the following criteria. [See subsection B. of this section.]

B.

Guide to calculating number of parking spaces required.

(Note: When a parking requirement is stated in terms of employees, it means the maximum number of employees who will be at the site at one time either on a single shift or an overlap of shifts.)

C.

Calculating parking for uses not otherwise specified. In the case of any building, structure or premises, the use of which is not specifically mentioned herein, the number of parking spaces required for such use shall be the same as for a similar use which is mentioned herein.

D.

How to figure fractional spaces. When units or measurements determining the number of required off-street parking and off-street loading spaces result in a requirement of a fractional space, any fraction up to one-half shall be disregarded, and fraction of one-half or more shall require one off-street parking or off-street loading space.

E.

Determining parking requirement when use changes. Additional off-street parking spaces shall be provided whenever in any structure there is a change in use, or an increase in floor area or in the number of employees or other unit of measurement specified in this ordinance, if such change creates a need for an increase of more than ten percent in the off-street parking requirements. The additional spaces required for the new use or changes in units of measurement shall be determined by the standards in this section. In case a change in use or unit of measurement creates a need for an increase of less than three off-street parking spaces, no additional off-street parking facilities shall be required.

F.

Exception. When a portion of the required off-street parking is provided for by municipal parking lots or by joint private facilities, such portion may be credited against the total space required if not more than 500 feet away.

G.

Commercial parking areas. All standards, specifications and requirements that pertain to private parking areas shall pertain to commercial parking areas.

H.

Parking commercial vehicles in residential zones. Of the vehicles allowed as accessory to a dwelling not more than one shall be a commercial motor driven vehicle.

I.

Joint use of parking space and interior block parking. Nothing in this ordinance shall be construed to prevent collective provisions of off-street parking facilities for two or more buildings or uses. Where joint facilities are provided, the minimum requirement will be 75 percent of the sum of the requirements for the various uses computed separately when the individual requirements total 50 or more spaces.

J.

Location of parking space.

1.

Off-street parking facilities shall be located on the same lot as the principal structure or on an adjacent lot, except as provided in this section.

2.

Off-street parking is prohibited in the front yard in residential zones and in the required front or side yard in other zones which lie across the street from or adjacent to a residential zone, except as otherwise provided for in this order.

3.

A garage or carport may be located wholly or partly inside the walls of the principal structure or attached to the outer walls. If separated from the principal building, the garage shall conform to all accessory building requirements. The garage may be constructed under a yard or court. The space above an underground garage shall be deemed to be part of the open space of the lot on which it is located if the roof of the garage is at ground level.

4.

Jointly used parking areas in business and manufacturing zones may be located on lots adjacent to the principal use of [or] within 500 feet thereof. If located in a high-density residential zone, the following provisions shall be made to protect existing or proposed residences:

a.

The parking area shall be screened from the street and pedestrian traffic by means of a hedge, fence, planted strip or other similar means of enhancement, to a height of four feet.

b.

No portion of the area used for parking shall be within 20 feet of a residential structure.

c.

No portion of the area used for parking shall be closer than five feet to a sidewalk.

K.

Off-street loading and unloading. Every building or structure used for business, trade or industry and normally requiring truck loading or unloading with respect to the use, shall provide space as herein indicated for the loading and unloading of vehicles off the street or public alley. Such space shall have access to a public alley or, if there is no alley, to a street. Off-street loading and unloading space shall be in addition to and not considered as meeting a part of the requirement for off-street parking space. Off-street loading and unloading space shall not be used or designed, intended or constructed to be used in a manner to obstruct or interfere with the free use of any street or adjoining property. The minimum off-street loading and unloading space required for specific uses shall be as follows:

1.

Retail business and service establishments. Shall provide one off-street loading and unloading space at least ten feet wide and 35 feet long with a 14-foot height clearance per building.

2.

Industrial plants. Shall provide one off-street loading and unloading space for each 20,000 square feet of gross floor area. Each loading space shall be a minimum of 12 feet wide and 50 feet long with a 14-foot height clearance.

3.

Trucking terminals. Shall provide one off-street loading and unloading space for every 5,000 square feet of total floor area used for storage, warehousing and shipping. Each loading space shall be a minimum of 14 feet wide and 50 feet long with a 14-foot height clearance.

L.

Improvement standards.

1.

All nonprivate residential parking spaces and areas, and accessways to and from such spaces and areas shall be constructed with a permanent, hard surface material. Surfacing, lighting, screening, landscaping, maintenance and underground improvements shall be developed according to the standards set forth by the city engineer.

2.

The minimum width shall be nine feet for accessways serving residences.

3.

The minimum width shall be 12 feet for all other accessways.

M.

Site plan review. Plans for any parking area hereafter designed or altered for the purpose of providing off-street parking space for four or more automotive vehicles and/or plans for decreasing existing parking areas for four or more vehicles must be submitted to the planning commission. If the planning commission finds that the plans conform to the requirements established by this ordinance, they shall approve the plans as submitted. If the plans do not conform to this ordinance, the planning commission shall mark the plans "rejected" and return the plans to the applicant with a statement indicating the reasons for the rejection.

(Ord. No. 583, § 1, 4-17-2002)

Cross reference— Traffic and vehicles, ch. 74.

A.

Entrances and exits. For filling stations, commercial parking areas, automobile repair shops, drive-in restaurants and similar establishments catering to shoppers conducting business transactions primarily while in their automobiles:

1.

Shall be a minimum of 200 feet, as measured along each side of the street on which they abut, from any school, public playground, church, hospital, public library or institution for dependents or children.

2.

Shall be a minimum of 50 feet from any residential zone located on either side of the street on which the entrance or exit abuts.

3.

Shall be a minimum of 20 feet from any corner as measured from the point where the right-of-way lines of the intersecting streets meet or from the midpoint of the curve where a corner exists but is not an intersection ("L" curve in a street).

B.

Screening. There shall be a four-foot-high fence or a ten-foot-wide planted strip predominantly containing plants, trees and shrubs so planted and maintained as to provide a screen along all lot lines adjoining residential purposes or if the adjoining lot contains a residential use on the first-floor level.

Cross reference— Businesses, ch. 18; traffic and vehicles, ch. 74.

A.

Location.

1.

In relation to traffic signals. Red, green, amber or flashing illumination shall not be so placed as to be within the line of vision of a traffic signal as viewed from the normal location of the driver of a motor vehicle traveling on an adjoining street in a traffic lane designated for moving vehicles, nor may any such illumination be located within ten feet in any direction from a traffic signal.

Before any permit for the erection of a sign in relation to traffic signals is issued, the chief of police of the City of Pass Christian shall be consulted to assure there will be no confusion with the traffic lights or lights on emergency vehicles.

2.

In relation to dwellings. Signs shall not face the side or rear of an adjoining lot that is zoned residential and either vacant or occupied by a residence unless they are a minimum of 100 feet from the lot line.

3.

Fire hazard. Vegetation shall be kept out in front of, behind, underneath, and around the base of ground signs a distance of 15 feet, except such planting as may be designed to enhance, decorate, or constitute a part of such sign, and no rubbish or debris shall be permitted under or near such sign that would constitute a fire or health hazard. No sign shall be erected in a manner that would impede ingress or egress through any door or emergency exits in any building. No sign shall be erected on a fire escape or any other safety device.

B.

Signs that are permitted in all zones.

1.

Subdivision signs advertising the sale or lease of lots or buildings within new subdivisions on which they are located are permitted providing they are nonilluminated or indirectly illuminated and exceed neither 250 square feet in area nor ten feet square for each parcel within the subdivision. Not more than one such sign shall be located at each major approach to the subdivision and the front side and rear yard requirements applying to principal structures shall apply to the location of such signs.

2.

Real estate signs shall be permitted in all zoning districts, provided that only one sign, not exceeding six square feet in area may be erected for each parcel of property offered for sale, lease or rent.

3.

Bulletin boards used to display announcement of meetings to be held on the premises on which such boards are located shall be permitted for churches, schools, community centers and public, charitable or institutional uses. Unless otherwise permitted in the zone, such signs shall contain no more than 12 square feet in area; may be used as wall signs; may be used as ground signs when located a minimum of 12 feet from the street lot line or beyond the required front yard, whichever is less; may be indirectly illuminated; and one such sign shall be permitted for each street frontage.

4.

During construction, repair or alteration of a structure, temporary signs, not exceeding 15 square feet, which denote the architect, engineer, contractor or builder or which denote the name of the structure and its use or occupants to be may be placed within the required yard setbacks as ground, wall or roof signs.

C.

[Professional, instructional, announcement, bulletin board, identification and business signs.] Professional, instructional, announcement, bulletin board, identification and business signs, subject to the following limitations:

1.

On-site signs. All signs must comply with the following formula: One square foot of signage for each linear foot of frontage on the parcel of land where the business is situated, not exceeding 80 square feet, except for shopping centers, which shall not exceed 350 square feet. All signs are subject to a maximum height limitation of 18 feet.

2.

On-site wall signs. All signs must comply with the following formula: Height times width times 20 percent equals total square foot allowable for an on-site wall sign. "Height" is defined as the distance from the grade level of the foundation to the top of the building on the premises. "Width" is defined as the distance from one corner of the front of the building to the other corner.

D.

Exceptions. Regulations of this section shall apply to all persons, public and semipublic bodies, and to all zoning districts with the following exceptions:

1.

Signs not exceeding three square feet in area and bearing only property numbers, post office box numbers, and names of occupants, on any private premises, for identification purposes only and name of building.

2.

Integral decorative or architectural features of buildings or structures, but excluding letters, numbers, trademarks, insignia, and any moving parts or lights.

3.

Signs directing or instructing vehicular or pedestrian traffic and parking on private property provided such sign bears no advertising matter and does not exceed three square feet in area.

E.

Permits and time limitations. No sign shall be erected by any person until a permit has been received from the zoning enforcement officer and fees have been paid.

1.

In order to obtain a permit to erect a sign within the corporate area of the City of Pass Christian, Mississippi, an applicant shall submit to the zoning enforcement officer an accurate drawing, showing the material to be displayed, dimensions, construction details, electrical plans, and dimensions to property lines and/or buildings in respect to the proposed location of the sign to be erected. An application for a sign permit shall be completed at the time such plans are submitted; however, payment of the fee is not required until the permit is issued.

2.

No permits or fees shall be required to erect any sign indicated in section 406.D. and shall not apply to real estate signs not exceeding three square feet in area.

(Ord. No. 388, 3-1-1977; Ord. No. 528, § I, 3-22-1995)

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

1.

No employment of help other than members of the resident family.

2.

No use of material or mechanical equipment not recognized as being a part of reasonable household uses.

3.

No sales of products or services not produced on the premises.

4.

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

5.

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

6.

No storage of materials and/or supplies outdoors.

7.

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

8.

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

9.

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

10.

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

11.

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

Cross reference— Businesses, ch. 18.