In addition to the principal uses which are designated herein as being permitted within the several zoning districts established by this ordinance, it is intended that certain uses which are customarily and clearly accessory to such principal uses, and which do not include structures or structural features inconsistent with the principal uses, shall also be permitted.

For the purposes of this ordinance, therefore, each of the following uses is considered to be a customary accessory use, and as such, may be situated on the same lot with the principal use or uses to which it serves as an accessory.

501.1 Uses customarily accessory to dwellings:

(a)

Private garage.

(b)

Open storage space or parking area for motor vehicles, provided that such space shall not be used for more than one commercial vehicle licensed by the State of Mississippi as one-half-ton or less in capacity per family residing on the premises.

(c)

Shed or tool room for the storage of equipment used in grounds or building maintenance.

(d)

Children's playhouse and play equipment.

(e)

Private kennel for no more than three dogs, four months of age or older.

(f)

Private swimming pool and bath house or cabana, tennis courts, and private recreation for tenants of principal buildings.

(g)

Structures designed and used for purposes of shelter in the event of man-made or natural catastrophes.

(h)

Noncommercial flower, ornamental shrub or vegetable garden, greenhouse or slat house not over eight feet in height.

(i)

Laundromats in multi-family developments for the exclusive use of the tenants.

501.2 Uses customarily accessory to church buildings:

(a)

Religious education buildings.

(b)

Parsonage, pastorium or parish house, together with any use accessory to a dwelling as listed under subsection 501.1 above.

(c)

Off-street parking area for the use without charge of members and visitors to the church.

(d)

Completely enclosed building for storage of supplies or equipment.

501.3 Uses customarily accessory to retail businesses, office uses, and commercial recreation facilities:

(a)

Off-street parking or storage area for customer, client or employee-owned vehicle.

(b)

Completely enclosed building for the storage of supplies, stock or merchandise.

(c)

Manufacturing and/or repair facility incidental to the principal use provided that dust, odor, smoke, noise, vibration, heat or glare produced as a result of such manufacturing or repair operation is not perceptible from any boundary line of the lot on which said principal and accessory uses are located.

In any residential district, permitted accessory uses or buildings shall not be located in front or side yards as herein defined, and such accessory uses or buildings shall not be erected or placed within three feet of any side or rear lot line, nor closer than ten to the principal building on the adjoining lot.

Single-family and two-family garages may be put in the front and side yards if the setback requirements of that district are maintained, and in the rear yard within three feet of the property line, provided said garage is at least 15 feet from the principal building on the adjoining lot.

(1)

A home occupation shall be permitted in any residential district provided that such occupation:

(a)

Is conducted by no other persons than members of the family residing on the premises;

(b)

Is conducted entirely within the principal building;

(c)

Utilizes not more than fifteen (15) percent of the total floor area of the principal building, nor more than three hundred (300) square feet of gross floor area;

(d)

Produces no alteration or change in the character of the principal building from that of the dwelling;

(e)

Creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard, unhealthy or unsightly condition;

(f)

Is not visibly evident from outside the dwelling;

(g)

Does not involve the keeping of a stock in trade.

(h)

And that all other privilege and/or other license required to carry on such home occupation have been issued with a copy being given to all appropriate departments of the City of Picayune.

(2)

The procedure regarding the issuance of a home occupation license shall be as follows, to-wit:

(a)

The City of Picayune Zoning Department, by and through its department head shall henceforth be authorized to examine each application for the issuance of a home occupation license submitted to said zoning department for approval.

(b)

Following the examination of each home occupation application, the City of Picayune Zoning Department, by and through its department head shall have the authority to approve the subject application; or, deny the subject application based upon the applicant meeting each and every condition set forth in section 503(1) above that is required for the issuance of a home occupation license. Any approval or denial of such application shall be made in writing to the applicant. Upon approval by the department head of the City of Picayune Zoning Department, the applicant shall be issued the appropriate permit and/or license to engage in a home occupation in accordance with the conditions set forth in section 503(1) above.

(c)

Upon denial of the an application for the issuance of a home occupation license by the City of Picayune Zoning Department, the applicant shall have ten (10) days from the date of the denial in which to appeal, in writing, to the City of Picayune Planning Commission who shall hear and decide such appeal as a de novo hearing before the planning commission. Such appeal shall be in writing and delivered to the office of the department head of the zoning department for the City of Picayune. Thereafter, such appeal shall be docketed for hearing before the City of Picayune Planning Commission. The commission shall have the authority to approve or deny the issuance of a home occupation application based upon the applicant meeting the conditions set forth in section 503(1) and shall be in writing.

(d)

Upon the denial of the application by the City of Picayune Planning Commission, [the applicant] shall have ten (10) days from the date of denial by the Planning Commission to file an appeal to the City of Picayune City Council. Such appeals shall be decided solely on the record made before the planning commission. The resolution of such appeal shall be accordance with conditions set forth in section 503(1). The final decision of the city council shall be in writing with a copy of same being provided to the appellant.

(e)

Appeals from a final decision rendered by the city council under this ordinance shall be in accordance and as provided for under the laws of the State of Mississippi.

(Ord. No. 932, § 1, 8-16-2016)

Editor's note— Ord. No. 932, § 1, adopted Aug. 16, 2016, changed the title of § 503 from "Home occupation" to read as herein set out.

All mobile homes hereafter established shall conform to the regulations set forth in the city's mobile home ordinance.

In zoning districts permitting public garages and automobile service stations, plans for such structures or uses shall be approved by the planning commission, who may delegate this authority to the building inspector. Said commission may require such change therein in relation to yards, location of pumps, driveways, or curb cuts, and buildings, and construction of buildings as it may deem best suited to ensure safety, to minimize traffic difficulties, and to safeguard adjacent properties. In no case, however, shall a change in the requirements be less restrictive than is required of other uses in that district.

There may be permitted in any industrial district, on approval of the planning commission, as provided for in this ordinance, the excavation and sale of sand, gravel, clay, shale, or other natural mineral deposit (except top soil), or the quarrying of any kind of rock formations, subject to the following conditions:

(a)

In the case of any open excavation there shall be a substantial fence with suitable gates completely enclosing the portion of the property in which the excavation is located, and such fence shall be located at all points 40 feet or more distant from the edge of the excavation.

(b)

The slope of the material in such sand, gravel, or other pit shall not exceed the normal angle of repose of such material, and the plane of such angle of repose shall not come nearer than 40 feet to any property line.

(c)

In the case of a quarry or other excavation in rock, there shall be a substantial fence, with suitable gates at all points distant 40 feet or more from the face of any quarry walls.

(d)

No rock crusher, cement plant, or other crushing, grinding, polishing, or cutting machinery or other physical or chemical process for treating the product of such quarry shall be permitted.

(e)

No such quarry wall shall be nearer than 40 feet to any property boundary line or street line.

(f)

The product of such quarry shall be removed in the form in which it is quarried.

No person, firm, or corporation shall strip, excavate, or otherwise remove top soil for sale, or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto.

The purpose of this section is to encourage and regulate the erection of townhouse dwelling units as defined in section 201.125 in districts appropriate to such use as defined elsewhere in this ordinance. Townhouses shall be constructed according to the design criteria established in this section. Further, it is the intent of this section to provide for several specific types of ownership and development methods.

508.01 General requirements of townhouses:

(a)

Yard: No front, side, or rear yard as such is required in connection with any townhouse, except that each end building shall have a side yard of 30 feet from the street line of minor and collector streets, and 50 feet from the street line of major arterial street. Each townhouse shall have its own yard, private and reasonably secluded from view from streets or from neighboring property. Such yard shall not be used for any accessory building except storage sheds and private garages.

(b)

Townhouse dwelling units shall each have a minimum of two off-street parking spaces.

(c)

Grouped parking facilities: Insofar as practicable, off-street parking facilities shall be grouped in bays, either adjacent to street or in the interior of blocks. No off-street parking space shall be more than 100 feet by the most direct pedestrian route from the door of the dwelling unit it is intended to serve. Common parking facilities for three or more automobiles shall provide space outside the public right-of-way for maneuvering incidental to parking.

(d)

Visibility at access points for automobiles: In addition to the general provisions concerning visibility across portions of corner lots at street intersections, the following requirements apply to all private drives and entrances to, or exit from common parking areas. At the intersection of any private drive or entrance, or exit from a common parking area with a public street, no fence, wall, hedge, or other planting or structure forming a material impediment to visibility between a height of two feet and ten feet shall be erected, planted, placed or maintained.

(e)

Sidewalks four feet wide shall be provided for each townhouse development project to provide safe pedestrian access throughout the entire development.

(f)

Private streets (when permitted by the planning commission) are interior circulation roads designed and constructed to carry vehicular traffic from public streets within or adjoining the site to terminal parking areas and service areas. The design and arrangement of private streets shall be subject to review and approval by the planning commission.

(1)

Private streets shall be provided with minimum width of 36 feet, exclusive of parking bay areas, and a minimum pavement width of 24 feet, measured from edge of pavement to edge of pavement. Additional widths shall be required where parallel parking is to be provided or at the discretion of the planning commission.

(2)

Concrete curb approved by the department of engineering shall be required, unless the planning commission shall determine that curbs are not needed when private streets transverse open areas.

(3)

Angled parking areas directly adjoining private streets shall be permitted on one side of the street at a time only. However, such parking areas may be alternated from one side of the street to the other. The combined length of such parking areas shall not exceed 50 percent of the length of the adjoining roadway. All other angled parking areas must be clearly separated from the private street by at least a barrier island.

(4)

Street names and numbers shall conform to the requirements of the street naming and property numbering ordinance adopted by the city council. Never-the less, in no case shall a name be used which will duplicate or be confused with existing streets in the area of jurisdiction of the planning commission. All street names shall be subject to the approval of the planning commission.

(g)

Density: Not more than ten townhouse units per gross residential acre shall be permitted.

508.02 Floor area regulations for townhouses:

(a)

No townhouse unit shall be smaller than 800 square feet, and the average size of the townhouse in any group shall be a minimum of 1,000 square feet.

(b)

Private usable open space, such as balconies, sun decks, patios, etc., shall be provided contiguous to each dwelling unit. The area of such open space shall not be less than ten percent of the floor area of the unit served; such square footage may consist of one or more patio areas. Open roof areas and balconies designed and planned for patio purposes may be credited for no more than 50 percent of the required patio area. All patio outdoor living areas for each townhouse unit shall be enclosed by a wall affording adequate screening except where a natural feature or common open area would suggest an exception after review of the site plan.

508.03 Utilities and services for townhouses: Each townhouse shall be independently served by separate heating, air conditioning, sewer, water, electric power, gas and other facility and utility services, wherever such utilities and services are provided, and no townhouse shall be in any way dependent upon such services, or utility lines located within another unit or on, or in another townhouse or townhouse site, except as may be installed in public easements. All townhouses must be connected to public water and sewer lines and all electrical and telephone lines in a townhouse development site shall be placed underground. Proper and adequate access shall be provided for fire-fighting purposes, access to service areas for garbage and waste collection, and for other necessary services.

508.04 Screening of garbage and storage areas for townhouses: All exterior garbage containers or other outside storage areas shall be screened.

508.05 Open space for townhouses: In group development projects involving townhouses, and in all townhouse projects where more than 20 units are to be constructed, a common area amounting to at least ten percent of the gross townhouse project area shall be provided on the same or adjacent block. No buildings, parking, storage, or other use shall be made of this open space.

508.06 Maintenance of common open space areas, parking, drives and other areas and facilities for townhouses: Prior to approval of any townhouse development project, provisions satisfactory to the City of Picayune shall be made to assure that non-publicly owned areas (common areas) and facilities for the common use of the occupants and/or owners of the townhouse shall be maintained in a satisfactory manner. All townhouse declarations shall require the occupants to provide exterior building maintenance services and architectural control.

508.07 General information to be submitted for review by the planning commission prior to approval of the project for townhouses: All applicants for townhouses shall submit architectural plans including details such as number, location, and orientation of dwelling units, etc.; plot plans, landscaping plans, plans for off-street parking and service areas and ingress and egress arrangements, plans for proposed signs, plans for lighting premises outside building, elevations of all portions of proposed structures, and perspective drawings showing the relationship between the proposed structure as it is to be located on the premises and the structure adjacent to the proposed townhouses. The townhouses will be developed so that they will not be subject to hazards such as objectionable smoke, noxious odors, unusual noise, probability of flood or erosion and that the condition of soil, ground water level, drainage, rock formation and topography will not create hazards to the property or to the health and safety of the occupants. Also, plans for water, sewerage, telephone, electricity, gas, solid waste storage and collection and any and all other utilities and facilities shall be submitted for approval by the planning commission. The city engineer and planning department shall review and comment on the appropriate plans and report their respective comments back to the planning commission.

508.08 Special requirements by ownership and development type for townhouses:

(a)

Small scale townhouse projects consisting of an overall size of two acres or less shall be developed using either the condominium or resubdivision into individual lots of record methods without following the PUD platting procedures. The resubdivision of land shall be approved by the planning commission using the standard subdivision procedures only after 100 percent of the units have been constructed.

(1)

Private streets area prohibited.

(2)

Minimum lot size is 12,500 square feet prior to resubdivision into individual lots of record. After resubdivision, the minimum lot size shall be 2,500 square feet and the minimum width shall be 25 feet at the point abutting the public right-of-way.

(b)

Large scale townhouse projects consisting of two acres or more shall be developed using either the condominium or resubdivision into individual lots of record method and shall be developed under the platting procedures prescribed under the PUD section of this ordinance. In those cases where the townhouse units are a part of a larger PUD project, the PUD zoning district shall apply. In those cases where the townhouse project is not a part of a larger PUD project, the townhouse project shall be located in an R-3, multi-family of C-1 neighborhood commercial district only.

(1)

Private streets may be permitted by the planning commission as provided in subsection 508.01(j) of this ordinance.

(2)

Minimum lot size prior to resubdivision of the project into lots of record shall be two acres. After resubdivision, the minimum lot size shall be 1,800 square feet and the minimum width shall be 20 feet at any given point.

(3)

The resubdivision of land shall be approved by the planning commission using the procedures established in the PUD section of this ordinance only after 100 percent of the units have been constructed. A project may be broken into several sections for purposes of resubdivision and platting, however, according to the laws of this state, the clerk of the county court shall not record a final plat for the resubdivision of the land unless the chairman and/or secretary of the planning commission has signed the final plat. One hundred percent of the units within the area to be platted must be constructed and all requirements of the planning commission and this ordinance must be met for the planning commission to approve the final plat.

(4)

An ownership association shall provide a means for maintenance and upkeep of common areas by assessment of lot owners or some other method to insure that individual lot owners will be legally obligated to contribute a proportionate cost of the maintenance of the common areas of the project.

A conditional use is defined in section 201.033.

509.1 For the purpose of this ordinance, additional control of some uses is considered necessary before they are allowed. This type of use is a conditional use. It is a use presumed to have certain characteristics of operation which could, under certain conditions, be detrimental to the neighborhood and to abutting, property. For this reason, review by the planning commission of the technical merits of such use is required prior to such use being permitted to locate on a specific site within the district.

509.2 It is the intent of this ordinance that such review of the technical factors involved in an application for a conditional use not have the form or nature of a public hearing. To clarify questions concerning potential impact of such use, the planning commission may hear or request testimony from residents of the area involved, but advertising or posting of such application is not required or intended.

509.3 It shall be the presumption of the planning commission that a use listed as conditional is eligible for location within a district in which it is enumerated, provided it can clearly demonstrate the following conditions exist:

(a)

Adequate provision is made for such items as setbacks, fences, buffer or planting strips, to protect adjacent properties from possible adverse influence of the proposed use such as noise, vibration, dust, glare, odor, traffic, congestion and similar factors.

(b)

Vehicular traffic and pedestrian movement on adjacent roads will not be hindered or endangered.

(c)

Off-street parking and loading areas and the entrance and exits of these areas will be adequate in terms of location, amount, design and construction to serve the proposed use.

(d)

The proposed use will not adversely effect the level of property values or general character or general welfare of the nearby area.

509.4 In approving a conditional use, the planning commission may impose such reasonable restrictions and conditions as in its opinion will accomplish the intent of this ordinance.

510.1 Ownership: Condominium dwelling units are defined in section 201.034. Condominium ownership may be used on any style of construction, but shall be developed under the requirements and provisions of local and state law. Prior to approval of any condominium project, the legal declaration establishing the ownership association shall be submitted to the planning commission for approval by the city attorney as to form a legal sufficiency as provided for by local and state law, and the declarations shall require the association to provide exterior building maintenance services and architectural control.

510.2 Design and density requirements: Dwelling units constructed or redeveloped as condominium units shall be governed by the design and density requirements of the zoning district in which they are located.

Definition: A commercial condominium is a single unit of a group or series to be occupied by commercial enterprises befitting the particular zoning district in which it is located, and is separated from adjoining units by fire walls structured for use between units having zero side yard separation.

The purpose of this section is to encourage and regulate the erection of commercial condominium units as defined above in the C-2 and C-3 zoning districts as they are defined elsewhere in this ordinance. Commercial condominium units shall be constructed according to prevailing building, electrical, plumbing and mechanical codes and the design criteria established in this section. Further, it is the intent of this section to provide for several specific types of ownership and development methods.

511.01 General requirements of commercial condominiums:

(a)

Yard: Front, side and rear yard setbacks for the entire structure shall be those prescribed for the zoning district in which it is erected. The common lot line between attached units shall be laid out to bisect the fire wall separating said units, giving zero interior side yard setbacks.

(b)

Commercial condominium units shall each have the minimum number of parking spaces required in section 702.30 of this ordinance.

(c)

Grouped parking facilities: Insofar as practicable, off-street parking facilities shall be grouped in bays, either adjacent to street or in the interior of blocks. All parking maneuvers must be conducted entirely off of the public right-of-way.

(d)

Visibility at access points for automobiles: In addition to the general provisions concerning visibility across portions of corner lots at street intersections, the following requirements apply to all private drives and entrances to or exit from common parking areas. At the intersection of any private drive or entrance, or exit from a common parking area with a public street, no fence, wall, hedge or other planting or structure forming a material impediment to visibility between a height of two feet and ten feet shall be erected, planted, placed or maintained.

(e)

Sidewalks of minimum width of four feet shall be provided within each development project to provide safe pedestrian access throughout the entire development.

(f)

Private streets, when permitted by the planning commission shall conform to the specifications outlined in section 508.01 part "f" of this ordinance.

(g)

Density: Not more than five commercial condominium units per gross commercial acre shall be permitted.

511.02 Utilities and services for commercial condominium units: Each commercial condominium unit shall be independently served by separate heating, air conditioning, sewer, water, electric power, gas and other facility and utility services, wherever such utilities and services are provided, and no commercial condominium unit shall be in any way dependent upon such services, or utility lines located within another unit or on, or in another commercial condominium site, except as may be installed in public easements. All commercial condominium units must be connected to public water and sewer lines, and all electrical and telephone lines in the development site shall be underground. Proper and adequate access shall be provided for fire-fighting purposes, access to service areas for garbage and waste collection and for other necessary services.

511.03 Screening of garbage and storage areas for commercial condominium developments: All exterior garbage containers or other outside storage areas shall be screened.

511.04 Open space for commercial condominiums: In group development projects involving commercial condominiums and in all commercial condominium projects where more than ten units are to be constructed, a common area amounting to at least five percent of the gross commercial condominium project area shall be provided on the same or adjacent block. No buildings, parking, storage or other use shall be made of this open space.

511.05 Maintenance of common open space areas, parking, drives and other areas and facilities for commercial condominiums: Prior to approval of any commercial condominium development project, provisions satisfactory to the City of Picayune shall be made to assure that non-publicly owned areas (common areas) and facilities for the common use of the occupants and/or owners of the commercial condominiums shall be maintained in a satisfactory manner. All commercial condominium declarations shall require the occupants to provide exterior building maintenance services and architectural control.

511.06 General information to be submitted for review by the planning commission prior to approval of the project: All applicants for commercial condominium projects shall submit architectural plans, including details such as number, location and orientation of commercial units, etc; plot plans, landscaping plans, plans for off-street parking and service areas and ingress and egress arrangements, plans for proposed signs, plans for lighting premises outside buildings, elevations of all portions of proposed structures and perspective drawings showing the relationship between the proposed structure as it is to be located on the premises and the structure adjacent to the proposed commercial condominium units. The commercial condominium units will be developed so that they will not be subject to hazards such as objectionable smoke, noxious ordors, unusual noise, probability of flood or erosion and that the condition of soil, ground water level, drainage, rock formation and topography will not create hazards to the property or to the health and safety of the occupants. Also, plans for water, sewerage, telephone, electricity, gas, solid waste storage and collection and any and all other utilities and facilities shall be submitted for approval of the planning commission. The city engineer and planning department shall review and comment on the appropriate plans and report their respective comments back to the planning commission.

511.07 Special requirements by ownership and development type for commercial condominiums:

(a)

Small scale commercial condominium projects consisting of an overall size of two acres or less shall be developed using either the condominium or resubdivision into individual lots of record methods without following the PUD platting procedures. The resubdivision of land shall be approved by the planning commission using the standard subdivision procedures.

(1)

Private streets are prohibited.

(2)

Minimum lot size is 12,500 square feet prior to resubdivision into individual lots of record. After resubdivision, the minimum lot size shall be 2,500 square feet and the minimum width shall be 25 feet at the point abutting the public right-of-way.

(b)

Large scale commercial condominium projects consisting of two acres or more shall be developed using either the condominium or resubdivision into individual lots of record method and shall be developed under the platting procedures prescribed under the PUD section of this ordinance. In those cases where the commercial condominium units are a part of a larger PUD project, the PUD zoning district shall apply. In those cases where the commercial condominium project is not a part of a larger PUD project, the development shall be located in a C-2 or C-3 zoning district.

(1)

Private streets may be permitted by the planning commission as provided in subsection 508.1(f) of this ordinance.

(2)

Minimum lot size prior to resubdivision of the project into lots of record shall be two acres. After resubdivision, the minimum lot size shall be 1,800 square feet and the minimum width shall be 20 feet at any given point.

(3)

The resubdivision of land shall be approved by the planning commission using the procedures established in the PUD section of this ordinance. A project may be broken into several sections for purposes of resubdivision and platting, however, according to the laws of this state, the clerk of the county court shall not record a final plat for the resubdivision of the land unless the chairman and/or secretary of the planning commission has signed the final plat. All requirements of the planning commission and this ordinance must be met for the planning commission to approve the final plat.

(4)

An ownership association shall provide a means for maintenance and upkeep of common areas by assessment of lot owners or some other method to insure that individual lot owners will be legally obligated to contribute a proportionate cost of the maintenance of the common areas of the project.

(Ord. No. 549, 5-3-1983)