101.1 Official zoning map. The City of Picayune is hereby divided into zones or districts, as follows:

which zones or districts are shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance.

101.2 Indentification of zoning map. The official zoning map shall be identified by the signature of the mayor, attested by the city clerk and bearing the following words: "This is to certify that this is the official zoning map referred to in article I, section 101.1 of Ordinance Number 489 of the City of Picayune, Mississippi, adopted on the 7th day of October, 1980."

101.3 Changes in the zoning map. Changes made in the district boundaries or other matter portrayed on the official zoning map in accordance with the provisions of this ordinance shall be made on the official zoning map promptly after the amendment has been approved by the Mayor and City Council of Picayune. It will be the duty of the city clerk to file with the building inspector a copy of the ordinance amending the official zoning map within five days after such an amending ordinance is adopted by the city council. It will be the duty of the city planner to record the district boundary change on the official zoning map, together with the number of the amending ordinance and the date of its passage, within five days after the amending ordinance has been transmitted to the building inspector by the city clerk. Any amendment involving changes in the district boundaries or involving a change in the zoning classification of the land within the city shall not become effective until after such an entry has been made on said map. Regardless of the existence of maps purported to be copies of the official zoning map, the final authority as to the current zoning status of lands, buildings and other structures shall be the official zoning map which shall be located in the office of the building inspector.

101.4 Changes in the zoning text. When an ordinance is adopted which amends the text of the zoning ordinance, it will be the duty of the city clerk to prepare an addendum to the zoning ordinance text and to transmit a suitable number of copies of such an addendum to the city planner for the purpose of distribution to interested parties. It will be the duty of the building inspector to make an entry in the copies of the zoning text reserved for distribution to the general public, calling attention to the particular article and section which has been amended.

101.5 Replacement of official zoning map. In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city council, by resolution, will adopt a new official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor and city council, attested by the city clerk, and bearing the seal of picayune under the following words: "This is to certify that this official zoning map supercedes and replaces the official zoning map adopted (date of adoption of map being replaced) as part of Ordinance Number 280, dated November 7, 1971 of Picayune, Mississippi. Unless the prior official zoning map has been lost or totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

101.6 Rules for interpretation of district boundaries. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

101.61 Where district boundaries are indicated as approximately following the center lines of street or highways, street lines, alleys, or highway right-of-way lines, such center lines, street lines, or highway right-of-way lines shall be construed to be such boundaries.

101.62 Where district boundaries are indicated as approximately following incorporated area lines, such incorporated area lines shall be construed to be such boundaries.

101.63 Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.

101.64 Where district boundaries are so indicated that they are parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways and alleys, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given such dimension shall be determined by the use of the scale shown on said zoning map.

101.65 Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located midway between the main tracks of said railroad line.

101.66 Where the boundary of a district follows a stream, lake, or other body of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the City of Picayune unless otherwise indicated.

101.67 Where a district boundary line divides a lot in a single or joint ownership of record at the time such line is adopted, the regulations for the less restricted portion of such lot shall extend not more than 30 feet into the more restricted portion, provided the lot has frontage on a street in the less restricted district.

101.68 Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections 1[101.1] through 6[101.6] above, the planning commission shall interpret the district boundaries.

101.7 Conditions of a more restricted district. Whenever the specific district regulations pertaining to one district permit the uses of a more restrictive district, such uses shall be subject to the conditions set forth in the regulations of the more restrictive district unless otherwise specified.

In the event of changes in the city limits removing territory from the city, the district boundaries shall be construed as moving with the city limits. In the event of annexation of a new area to the city, such areas added to the city shall be considered to be in the A-1 district until otherwise rezoned in accordance with the regulations contained herein governing rezoning actions, or unless otherwise approved by the city council by petition of the owner and before a referendum of annexation is held. Changes in zoning districts shall be recorded on the official zoning map. Unless a longer period of time is specifically provided by written agreement between the City of Picayune and the property owner as a condition of annexation.

When a zoning district classification is requested other than A-1, all of the procedures shall be followed as required in article XII (amendment and change) of this ordinance.

Whenever any street, alley or other public easement is vacated, the district classifications of the property to which the vacated portions of land accrue shall become the classifications of the vacated land.

104.1 Every residential building or structure hereinafter erected shall be located on a lot of record and in no case shall there be more than one main building on one lot unless provided in this ordinance.

104.2 More than one main institutional building, public or semipublic, commercial or industrial building may be located upon a lot or tract, provided no such building or portion thereof is located outside the buildable area of the lot.

The various zoning district regulations established and set forth herein are declared to be the minimum requirements necessary to carry out the purposes of this ordinance. These regulations shall also apply uniformly to each class or kind of structure or land. Therefore, except as hereinafter provided:

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

105.2 Height of buildings and/or structures and signs. No building or structure (including signs) shall hereafter be erected, altered or moved so as to exceed the prescribed height limitations for the zoning district in which it is or will be located.

105.3 Density. No building, structure, or land shall hereafter be used or occupied in excess of the prescribed density regulations, nor accommodate a greater number of dwelling units than prescribed for in the zoning district in which it is or will be located.

105.4 Lot occupancy. No building shall hereafter be erected, altered or moved to occupy a greater percentage of lot area than is permitted within the zoning district in which it is or will be located.

105.5 Lot reduction prohibited. No lot shall be reduced in size which will not maintain the total lot area, lot width, necessary yards, courts, or other open spaces, lot area per dwelling unit, or other requirements of this ordinance. The subdivision of land into lots of record shall conform to the standards established in this ordinance for total lot area.

105.6 Yard use limitation. No part of a yard, court, or other open space or off-street parking required in connection with any building for the purpose of complying with the regulations of this ordinance shall be included as part or all of the required yard, court, or other open space or off-street parking for another building or structure, except as hereinafter provided.

105.7 Yard reduction prohibited. No building shall hereafter be erected, altered or moved to create narrower or smaller front yards, side yards, rear yards or other open spaces than required by this ordinance for the zoning district in which such building is or will be located.

105.8 Landscaping requirements. The purpose of landscaping requirements is to aid in heat abatement, noise reduction, and visual enhancement. Also, to provide visual buffering, enhance the city beautification, conserve energy and increase greenspace.

Applicability of article.

(a)

Except otherwise stated here, this shall apply to all land in the city limits.

(b)

A common development including more than one lot shall be treated as one lot for the purpose of this article. Phases, split ownership, or construction in stages requiring multiple building permits shall not prevent it from being a common development. Each phase shall comply with this article's requirements.

(c)

This article does not apply to the C-2 downtown district.

Existing developments. Any development existing before adoption of this article shall comply under any of the following circumstances.

(a)

A change in the vehicular use or requiring a 25-percent increase in the number of parking spaces.

(b)

Reconstruction or renovation in excess of 50 percent of the replacement cost of the structure.

(c)

An increase in the floor area of a structure exceeding 25 percent of the original floor area.

Plan approval. No lot included under this article shall be cleared of suitable landscape materials until the plans are approved through site review. Prior to permit issuance, three copies of a plot plan shall be submitted to and approved by the building division of community development and the beautification department. The plot plan shall be drawn to scale, including dimensions and distances, and shall clearly delineate the existing and proposed parking spaces or other vehicular use areas, access ways, driveways, sprinklers or water outlet locations, the location, size and description of all other landscape materials and location and size of buildings, if any, and shall designate, by name and location, the landscape material to be installed, or if existing, to be used in accordance with this article. No permit shall be issued unless plot plan complies with the provisions of this article and approved by a designated member of the City of Picayune's Site Review Committee.

Installation and maintenance standards. All landscape materials required shall be good nursery stock, and shall be installed in a sound workmanlike manner and according to good planting procedures. All landscaping shall be adapted to this climate, and shall be maintained in accord with the following provisions:

(a)

All landscape materials shall present a neat, healthy, clean appearance at all times.

(b)

All landscaping soil shall be generally free from weeds and free from refuse and debris at all times.

(c)

Landscaping elements such as walls and fences shall be repaired or replaced as needed to present a neat appearance.

(d)

Any dead plant material shall be removed and replaced within 60 days.

(e)

Any replacement material must meet size and other characteristics of newly planted materials.

(f)

Maintenance is the responsibility of the owner, agent and lessee, jointly or separately.

Vehicular use areas—Interior landscaped areas. Landscaped areas in the interior of a vehicular use area shall be provided when the vehicular use area is over 5,000 square feet in size. The following conditions shall apply to the interior landscaped areas:

(a)

The total of all interior landscaped areas shall occupy at least ten percent of the vehicular use area, but in no case shall required parking spaces be reduced.

(b)

Such landscaped areas shall be located to divide the expanse of paving. Unused space resulting from the design or layout of the parking spaces that is over 24 square feet in size shall be landscaped. In no case shall more than 20 parking spaces be created without the inclusion of one landscaped island for each 20 contiguous parking spaces created.

(c)

The planting of one tree shall be required for every 20 interior parking spaces. All trees shall be planted in an area no less than a three-foot square (nine square feet total permeable area), except that additional permeable area may be required to ensure adequate growth.

(d)

Multistoried or covered parking shall be exempted from interior landscaping.

Vehicular use areas—perimeter landscaping. Not less than a three-foot landscaped buffer, free from vehicular encroachments, shall be installed around the perimeter of all vehicular use areas. The planting of one tree shall be required for every 35 lineal feet, or fraction thereof, within the perimeter landscaped area. The remainder of the perimeter landscaped area may include shrubs, groundcovers, grasses, flowers, vines, hedges and inorganic features such as planters, stone brick, and aggregate forms, provided that the combination of grass and aggregate forms shall not predominate within the perimeter landscaped area.

Vehicular use area—Landscaping adjacent to public right-of-way. On the site of a building or open lot use providing an off-street parking or other vehicular use area, where such area will not be entirely screened visually by an intervening building or structure from any abutting right-of-way, excluding dedicated alleys, there shall be provided landscaping between such areas for rights-of-way as follows:

(a)

Not less than a five-foot landscaped buffer, free from any vehicular encroachments, located between the abutting right-of-way and the off-street parking area or other vehicular use area which is exposed to an abutting right-of-way shall be landscaped. Such landscaping is to include one tree planted in accordance with the provisions of this article for each 35 lineal feet or fraction thereof. Such trees shall be located between the abutting right-of-way and off-street parking area or other vehicular use area and shall be planted in a planting area of at least 25 square feet with a dimension of at least five feet. The remainder of the landscape adjacent to public rights-of-way may include shrubs, groundcovers, grasses, flowers, vines, hedges and inorganic features such as planters, stone, brick, and aggregate forms, provided that the combination of grass and aggregate forms shall not predominate within the perimeter landscaped area.

(b)

All property other than the required landscaped strip lying between the right-of-way and the offset parking area or other vehicular use area shall be landscaped with at least grass or other groundcover.

(c)

Necessary access ways from the public right-of-way through all such landscaping shall be permitted to service the parking or other vehicular use areas, and such access ways may be subtracted from the lineal dimensions used to determine the number of trees required. Landscaping, except required grass or groundcover, shall not be located closer than three feet to the edge of any access way pavement.

Building landscaping. All buildings within developments shall be suitably landscaped, with particular attention being paid to landscaping of any facades opposing public right-of-way. Adjacent to all facades opposing public rights-of-way, a minimum of a five-foot landscaped area shall be required. Automobile parking which projects not more than two feet into such landscaped area shall be permitted.

Screening of vehicular use areas abutting residential districts. When a vehicular use area abuts a residential district, a six-foot high opaque screen is required along the entire abutting edge. The screen may consist of a masonry wall, wooden fence, earth berm, opaque hedge, or any combination thereof.

Limitation on total area of required landscaping. No development will be required to provide total landscaped area in excess of ten percent of total site area. Total landscaped areas include landscaped areas required under all the sections contained in this article. In cases where the strict application of this article requires the developer to provide total landscaped area in excess of ten percent, it shall be the duty of the community development department to grant variation of the requirements in such a manner to limit the total required landscape area to ten percent of the total lot area and maintain the intent of this article.

Credit for existing trees. Credit shall be provided for existing trees in accordance with the following:

(a)

An existing tree may be included as a part of the tree planting requirements of this article if it meets the minimum standards of this article.

(b)

If any preserved tree dies within five years of construction, one tree shall be replaced for each tree credited against such preserved tree that dies.

(c)

For each tree to be credited, a planting area or open ground space of at least nine square feet shall be required. The required planting area or open ground space may be increased in accordance with the diameter of the credited tree. No vehicular encroachment shall be permitted within the planting area or open ground space.

(d)

Planting or open ground areas shall be located so that the trunk of the preserved tree is as close to the center of the open ground area as possible, and in no case shall the trunk be closer to the boundary of such area than one-third of the maximum dimension of the designated open ground area.

(e)

All trees to be credited shall have constructed around them an adequate barrier to preclude damage during the construction phase. No excavation or grading shall occur around a tree to be credited, which shall result in damage or destruction of the credited tree.

(Ord. No. 694, § 1, 4-1-1997; Ord. No. 751, § 1, 2-6-2001; Ord. No. 796, § 1, 3-15-2005)

Existing railroads and utilities may continue to be operated and maintained in residential and commercial districts, but no new railroad or utility structure other than the usual poles, transformers and similar appurtenances, wires, underground utilities, electric substation and gas metering and pressure regulating stations shall be established in such districts except when referred to the planning commission for investigation and report and approved by the mayor and council.

All areas within the City of Picayune which are under water and not shown as included within any district, shall be subject to all of the regulations of the district adjacent to the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line until they intersect.

Spot zoning shall not be allowed within the corporate limits of the City of Picayune; and, that spot zoning, as defined in section 201.137, article II of the City of Picayune Comprehensive Zoning Ordinances is expressly prohibited inside the corporate limits of the City of Picayune inclusive of any extension of said corporate limits.

(Ord. No. 874, § 1, 2-2-2010)

After March 16, 2010, the owner(s) of one (1) or more lot(s) shall not be permitted to subdivide said lot and/or lots in any manner that would result in the creation of a lot or lots that would not conform to the dimensional requirements of the zoning district(s) in which such lot and/or lots are located. Any nonconforming lot(s) created and/or were in existence prior to or as of March 16, 2010, shall be allowed to be utilized as a building site pursuant [to] section 402(1)(a), article IV of the City of Picayune Comprehensive Zoning Ordinance regardless of how said lot(s) were created or came into existence.

(Ord. No. 875, § 1, 3-16-2010; Ord. No. 925, § 1, 1-19-2016)