301.1 Height exceptions: The height limitations of this ordinance shall not apply to the following (except in airport glide zones):

Belfries

Chimneys

Church spires

Commercial radio and television towers

Conveyors

Cooling towers

Domes

Elevator bulkheads

Fire towers

Flag poles

Ornamental towers and spires

Public monuments

Silos

Skylights

Smoke stacks

Stage towers or scenery lofts

Tanks

Water towers and stand pipes

Such features shall be erected only to such height as is necessary to accomplish the purpose they are intended to serve and no height extension shall serve as a place for human habitation and such other by permission of mayor and council.

301.2 Ornamental features: The provisions of this ordinance shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit by not more than five feet.

301.3 Airport glide zones: Notwithstanding the regulations contained in any part of this ordinance, no exception to the height limit shall be permitted in any district which also lies within an airport glide zone (as now or may be established by ordinance), except to the extent that the maximum height limit specified in such airport glide zone exceeds the height limits specified in the use district.

302.1 Terraces: A paved terrace shall not be considered as part of the main building in the determination of yard sizes or lot coverage, provided, however, that such terrace is unroofed and without walls, parapets, or other form of enclosure. Such terrace, however, may have an open guard railing not over three feet high.

302.2 Enclosed and unenclosed porches: Any one or two story porch having a solid foundation or cantilevered, or erected on piers and any attached carport shall be considered a part of the building in the determination of the size of yard or lot coverage.

302.3 Projecting architectural features: The space in any required yard shall be open and unobstructed except for the ordinary projection of window sills, belt courses, cornices, eaves, window air conditioning units, and other architectural features provided, however, that such features shall not project by more than two feet into any required yard.

303.1 Existing front yard depths: When the majority of lots in a block fronting on the same side of a street between two intersecting streets, has, prior to the enactment of this ordinance, been lawfully occupied with buildings having greater or lesser front yard depth than required by these regulations, no building hereafter erected or altered shall vary in the front yard depth by more than five feet from the average depth of said existing front yards without the written approval of the property owners contiguous to the side yards of the requesting partner. However, in no case shall setbacks be less than 15 feet.

303.2 Corner lots: On lots having frontage on more than one street at an intersection, the minimum front yard requirements may be reduced to two-thirds the regulated distance on the portion of the lot fronting on the street or streets determined by the building inspector to be of lesser importance. However, in no case shall the setback on either the front or side yards be reduced to less than ten feet. The minimum front yard for the portion of the lot fronting on the street of greater importance shall be provided in accordance with the provisions established in this ordinance for the district in which the lot is located. In the case of a corner lot, the provisions of section 1001.4 shall apply.

303.3 Double frontage lots: On lots having frontage on more than one street, but not located on a corner, the minimum front yard shall be provided for each street in accordance with the provisions of this ordinance.

303.4 Automobile service station pumps: Automobile service station pumps and pump islands may be located within a required front yard and/or side yard, provided that they are at least 15 feet from any street line for pumps located parallel to the street line, and at least 25 feet for pumps located perpendicular to the street line.

304.1 Setbacks at corner lots: (See section 303.2.)

304.2 Adjoining commercial buildings: For the purpose of the side yard regulations, a group of business or industrial buildings separated by common or party walls shall be considered as one building occupying one lot.

305.1 Accessory buildings: Accessory buildings and structures may be built in a rear yard, but such accessory buildings and structures shall not occupy more than 30 percent of the required rear yard and shall not be nearer than three feet to any side or rear lot line, except that when a garage is entered from any alley it shall not be located closer than five feet to the alley line. In the case of accessory buildings on corner lots, the provisions of section 801.5 shall apply.

305.2 Porch steps or fire escapes: Porch steps or fire escapes may project into a rear yard for a distance not exceeding six feet, provided, however, that no porch steps or fire escapes may be closer than four feet at any point to any lot line.

In all zoning districts established by this ordinance, except the downtown commercial (C-2) district, no fence, wall terrace, building, sign, shrubbery, hedge, planting or other structure or object capable of obstructing driver vision between the height of two feet and ten feet above finished street level shall be planted, placed, erected or maintained within the triangular area created by a line connecting points ten feet by 40 feet on the front and ten feet by 40 feet on the side lot lines from the corner of any intersection. For any driveway or alley a setback of ten feet on front and side of a street shall be required.

307.1 Street access: Except as herein provided, no building shall hereafter be erected, constructed, moved or relocated on a lot not located on publicly dedicated, publicly accepted or publicly maintained existing street with a right-of-way of not less than 20 feet. New streets, however, must meet the minimum requirements as specified in the subdivision regulations of the City of Picayune.

307.2 Curb cuts: Ingress-egress openings in concrete, asphalt, rock or other street curbing provisions, commonly referred to as "curb cuts" shall be regulated in the several zoning districts established by this ordinance for city owned street rights-of-way in accordance with the following requirements:

(a)

Size and spacing of curb cuts: In no case shall a curb cut be less than nine feet or more than 40 feet in length. No two curb cuts shall be closer than 20 feet from each other except in residential zoning districts.

(b)

Location of curb cuts: At street intersections, no curb cut shall be located closer than 20 feet from the intersecting point of the two street right-of-way or property lines involved (or such lines extended in case of a rounded center); or 25 feet from the intersection of the two curb lines involved (or such lines extended in case of a rounded corner), whichever is the least restrictive.

308.1 General intent: It is the intent of this section to provide methods and techniques for the provision of buffers between certain land uses in order to:

(a)

To ameliorate nuisances between adjacent land uses or between certain land uses and a public road.

(b)

Eliminate or substantially reduce any dirt, litter, noise, glare, signs, parking areas or visual nuisances and/or other undesirable effects which a given use on a lot might have on an adjacent lot.

(c)

Provide additional green space to commercial and industrial sites.

308.2 General standards:

(a)

Location and width:

(1)

Buffers shall be located on the outer perimeter of a lot or parcel extending to the lot or parcel boundary line, or between differing land uses on a single parcel, but may not occupy any portion of an existing, dedicated or reserved public or private street or right-of-way.

(2)

Buffer width is normally measured from the property line; however, design variations are allowed. Average width shall be measured at the two end points of the buffer and two additional points which are approximately one-third of the total lineal distance from the end point.

(3)

The buffer shall be designed to eliminate or minimize plantings within drainage, utility or other easements. Such design may necessitate widening the buffer with more land area to accommodate the easement(s).

(b)

Landscape considerations:

(1)

Landscaping shall be designed taking into consideration the site's soil conditions, topography, and natural resources.

(2)

Native vegetation shall be used and preserved for landscaping and buffering wherever possible.

308.3 Uses and requirements:

(a)

Industrial fence. A fence used in industrial districts and for industrial uses to:

(1)

Protect children and/or pedestrians from the contents of the open yard use. Said fence shall be constructed of wire or any other materials which will provide a reasonable measure of protection to pedestrians from accidentally walking onto the property from a public right-of-way of adjacent private property as approved by the planning commission.

(2)

Promote the protection of the open yard use from theft and/or vandalism.

(3)

Solid fencing shall be required for the types of land uses listed below completely around the open yard.

a.

Salvage yard-for the sale or storage (i.e., overnight) of salvage parts.

b.

Auto wrecking yard which stores wrecked or dismantled or salvaged parts.

c.

Any business which stores any type of dismantles or salvaged parts.

(b)

Buffer fence. A fence used as part of the buffer screen.

(1)

Fence to be placed along the property line.

(2)

Fence may be constructed of wire with wooden slats, wood or vinyl.

308.4 Land use classification and required buffer screens:

(a)

Land use classification.

(b)

Table of buffer requirements: Requirements for buffers are based on the intensity of the proposed development or use, and the uses which are developed or designated on all properties. A table of required buffers for each land use call use follows. Each adjacent land use (or designated land use) is identified across the top. Where the row for the proposed use intersects the column for a specified adjacent use, the letter identifying the required buffer is given. The landscape requirements for each buffer type follow in subsection (d).

Buffer Requirements

(c)

The following procedures shall determine the type of buffer screen required for a proposed use:

(1)

Identify the land use categories in which the proposed use and the existing uses on all adjacent properties are found by reference to subsections 308.3a. and 308.3b. Where an adjacent property has a lawful, nonconforming use of less intensity than the designated use, buffering shall be based on the designated use.

(2)

If any properties adjacent to the proposed land use are vacant and undeveloped, identify the designated land use from the official zoning map.

(3)

Refer to the table above for the required buffer type (A through E) on each boundary or boundary segment of the proposed use. Each buffer is further described in the illustrative buffers, which follow.

(d)

Landscape requirements under this ordinance may be met by providing any one of the buffer screens shown under specified type. The minimum amount of landscaping required in each buffer screen is indicated in the table of illustrative buffer screens below and expressed as requirements per 100 lineal feet of buffer screen length. The numbers in the "multiplier" column are used to adjust the number of plants required when the buffer width is either increased or decreased.

_____

Buffer Types

_____

(e)

Buffer screens along public right-of-way: Buffer screens along the public right-of-way are required to enhance the appearance of the city, to maintain property values, and to reduce the visual impact of glare, headlights and parking lot lights form the public right-of-way.

(1)

Buffer screen requirement along the public right-of-way shall conform to the following:

a.

Eight feet in width minimum.

b.

Large shade trees at one every 50 lineal feet.

c.

Remainder of strip to be landscaped with shrubs (average mature height between three feet and five feet to form continuous screen.

308.5 Approved plant materials list and specifications:

(a)

Plant material shall be selected from the list provided by "Mississippi State University Extension Service Selecting Landscape Plants" Publication 666.

(b)

All new and replacement buffer screen plantings shall be native and/or drought-resistant species.

(c)

Plant materials shall be selected for their hardiness, resistance to drought, disease, and pests, availability, and ability to grow best given the natural site conditions shall be selected.

(d)

Minimum size plants:

(1)

Large shade trees two-inch caliper (trees shall have a minimum cross-section diameter of two inches in diameter measured three and one-half feet above trunk base)

(2)

Medium understory trees one-inch caliper and minimum six feet in height.

(3)

Large shrubs or small trees five-gallon containers.

(4)

Medium shrubs three-gallon containers.

(5)

Small shrubs two-gallon container.

308.6 Alternate buffer screens: In order to promote creativity and flexibility in design to ensure compatibility of land uses, the planning commission shall be authorized:

(1)

To require the developer to use one of the larger buffer widths within a required buffer, rather than the minimum width where compatibility between the proposed use and adjacent existing use is an issue.

(2)

To permit the substitution of a masonry wall in any situation where a fence is not adequate to insure the safety from a known hazard, such as, but not limited to, railroad tracks, arterial roads, or industrial plants; to guarantee adequate security; and to provide aesthetic screening from intense abutting development.

(3)

To require more intensive buffering where a single family use has seven or more residents through increased buffer screen widths, density of plantings, and/or provision of a fence wall or landscape berm.

(4)

To substitute large shade trees for medium understory trees or vice versa where safety is impeded by strict interpretation of the ordinance. For example, where an understory tree would obstruct the line of vision of a vehicle, impairing the driver's ability to maneuver the vehicle safely, a large shade tree could be substituted, if approved by the planning commission.

(5)

To preserve trees and other plantings where existing native vegetation fulfills the intent of the ordinance, or where replacement of the existing vegetation with required plantings would result in less of a buffer screen.

308.7 Maintenance of fencing and buffer screens:

(a)

Responsibility: The maintenance and repair of a buffer screen and fence is the responsibility of the owner of the property on which it is placed. It must, at all times be maintained in good condition and repair by the owner of the property or his designee.

(b)

Requirements:

(1)

Maintenance shall consist of watering, mowing, removal of litter, weeds, dead plant materials and necessary pruning.

(2)

Replacement plants shall be provided for any plants which die or are removed due to disease.

(3)

Water supply shall be piped to each individual planting area by automatically timed irrigation system. Hose bibs are not acceptable.

(4)

Natural watercourses within a buffer shall be maintained as free-flowing and free of debris. Stream channels shall be maintained so as not to alter flood plains.

(c)

Failure to maintain: In event any property owner of a fence, buffer screen and/or open space fails to maintain them according to the standards of this ordinance, the City of Picayune shall pursue enforcement of compliance with the foregoing provisions set forth and described in section 1303 of Ordinance No. 489, Code of Ordinances of the City of Picayune.

308.7[8] Height of buffer screen/fences: Unless otherwise required in this ordinance, all buffer screens/fences shall be no less than six feet tall nor be required to be more than 12 feet tall as measured above the average finished grade. Section 308 notwithstanding, no screen/fence shall violate the vision clearance restrictions of section 306 of this ordinance.

308.8[9] Application of requirements: Any proposed development shall include detailed fence, landscape and irrigation plans for the construction of all required fencing or buffer screening in accordance with section 1103 Required information: site plan.

(Ord. No. 753, § 1, 2-20-2001)