This title shall be known and may be cited and referred to as the "Southaven Planning and Development Ordinance".

For the purpose of this title certain terms and words are defined as provided in this section.

Words used in the present tense shall include the future tense.

Words in the singular number include the plural number, and words in the plural number include the singular number.

The word "building" shall include the words "structure" and "premises".

The word "shall" is mandatory.

The word "may" is permissive.

The word "person" includes a firm, organization, association, partnership, trust, company or corporation as well as an individual.

The words "used" or "occupied" include the words "intended", "designed" or "arranged" to be used or occupied.

The word "lot" includes the words "plot", "tract" or "parcel".

Access for purpose of this title [means] a private way which is permanently reserved as the principal means of vehicular access to abutting property, and the terms of use of which are of public record.

Accessory building means a subordinate building, which is incidental to and customary in connection with the principal building or use and located on the same lot.

Accessory use means a subordinate use, which is incidental to and customary in connection with the principal building or use and located on the same lot.

Adult entertainment business shall include the following:

(1)

Adult arcade: An establishment where, for any form of consideration, one (1) or more motion picture projectors, slide projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas". Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statutes or any other laws of the state.

(2)

Adult bookstore: An establishment which has as a substantial portion of its stock-in-trade and offers for sale or lease for any form of consideration any one (1) or more of the following:

a.

Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

b.

Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities".

Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statutes or any other laws of the State of Mississippi.

(3)

Adult cabaret: A nightclub, bar, restaurant, theater or similar establishment which regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities", or films, motion pictures, video cassettes, slides or other photographic reproduction which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas".

(4)

Adult motion picture theater: An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown, which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statutes or any other laws of this state.

(5)

Specified anatomical areas:

a.

Less than completely and opaquely covered:

1.

Human genitals, pubic region;

2.

Buttocks;

3.

Anus;

4.

That portion of the human breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola.

b.

Human male genitals in a discernibly turgid state even if completely and opaquely covered.

Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statutes or any other laws of the state.

(6)

Specified sexual activity: Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, or sodomy; fondling or other erotic touchings of human genitals, pubic regions, buttocks or breasts; flagellation or torture in the context of a sexual relationship; masochism, erotic or sexually-oriented torture, beating or the infliction of physical pain; erotic touching, fondling or other such contact with an animal by a human being; or human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities set forth in this section.

Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statutes or any other laws of the State of Mississippi.

(7)

Entertainment assemblies, which are nonsecular or nongovernmental, that collect monetary funds and/or are considered lewd or lascivious acts shall comport to the rules and regulations of the adult entertainment business definition adopted by City of Southaven, Mississippi.

Advertising device means banners affixed on poles, wires or ropes, and streamers, wind operated devices, flashing lights and other similar devices.

Agricultural services means an establishment dedicated exclusively to the service needs of the agricultural industry.

Antique means a collectible object such as a piece of furniture or work of art that has a high value because of its considerable age.

Antique shop is a retail store specializing in the selling of antiques.

Apartment house means the same as "dwelling, multiple".

Automobile dealerships, new means the use of any building, land area, or other premises or portion thereof, for the display, sale, or lease of new automobiles, panel trucks or vans, trailers or recreational vehicles and including any warranty repair work and other repair service conducted as an accessory use.

Automobile dealerships, used means the use of land for the display or sale or lease of used automobiles, panel trucks or vans, trailers or recreational vehicles.

Bar, lounge or tavern means a business which primarily serves liquor, beer or wine to be consumed on the premises, serves some food and which may provide entertainment in the form of live or recorded music, bands, singers, piano players, dancing and floor shows. To be designated as a bar, lounge or tavern, the revenue from alcohol in the establishment must exceed fifty (50) percent.

Barber shop means a licensed establishment with any one (1) or any combination of the following practices (when done upon the upper part of the human body for cosmetic purposes and not for the treatment of diseases or physical or mental ailment and when done for payment either directly or indirectly, or without payment, for the public generally) constitutes the practice of barbering:

(1)

Shaving or trimming the beard or cutting the hair;

(2)

Giving facial or scalp massages or treatments with oils, creams, lotions or other preparations, either by hand or mechanical devices;

(3)

Singeing, shampooing, or dyeing the hair, or beard, or applying hair tonic;

(4)

Applying cosmetic preparations, antiseptics, powders, clays or lotions to scalp, face, neck or upper part of the body.

Basement means a story having one-half (½) or more of its height below grade.

Beauty/barber shops means an establishment with State of Mississippi certified stylist or barbers as staff and without other amenities on-site such as nail salons, tanning or body waxing.

Bench sign means a sign located on any part of the surface of a bench or seat placed on or adjacent to a public right-of-way.

Berm means a symmetrically sloped landscaped strip of land, which provides a visual barrier between different land uses.

Boarding house means a building or place where lodging is provided (or which is equipped regularly to provide lodging by prearrangement for definite periods), for compensation, for five (5) or more, but not exceeding twelve (12), individuals, not open to transient guests, in contradistinction to hotels/motels open to transients.

Bond means a monetary and written guarantee, which secures installation of improvements in the event a subdivider/developer defaults on required subdivision improvements. An acceptable bond shall include a surety bond from a company licensed to do business in the State of Mississippi, cashier's check, and assignment of certificates of deposit or irrevocable letter of credit from a bank located in Southaven.

Buildable width means the width of a lot left to be built upon after the side yards are provided.

Building means any structure having a roof supported by columns or walls built for the support, shelter or enclosure of persons, animals, chattels or property of any kind, but not including any vehicle, trailer (with or without wheels), nor any moveable device, such as furniture, machinery or equipment.

Building, height of means the vertical distance from the grade (as defined herein) to the highest point of the coping of a flat roof, or to the top deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

Building line means that line between which and the street right-of-way line no building or part thereof may be erected, except as provided in this title.

Building official means the individual designated by the governing authority to administer and enforce the regulations of this zoning title.

Bus terminal or service facility means any building where inter-city or intra-city bus trips begin or terminate or the building or lands where buses used in such trips are parked, serviced, or repaired.

Carnival means an outdoor fair, show, display, amusement, and other types of general assembly types of uses of a temporary nature.

Cellar means the same as "basement".

Church means a building used principally for religious worship, but the word "church" shall not include or mean an undertaker's chapel, funeral building, a religious educational institution, parochial school or daycare center, nor does a church include living quarters, except for one (1) church staff member and family.

City planner means the individual designated by the governing authority to administer and enforce the regulations of this zoning title.

Clinic means a facility wherein professional service concerning personal health or humans are administered by medical doctors, dentists, chiropractors, optometrists or any other such profession which may lawfully be practiced in the State of Mississippi. Persons treated shall not be lodged therein overnight.

Cluster development means a development pattern for residential subdivisions that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision and the resultant land area is devoted to open space.

College means an institution providing full-time or part-time education beyond the high school level, including any dormitories, lodging rooms or other housing for students or faculty.

Commercial retail establishment means a business established for the sale of goods, products or materials directly to the consumer. This includes, but is not limited to, clothing stores, appliance stores, bakeries, food stores, grocers, caterers, pharmacies, book stores, florists, furniture stores, hardware stores, toy stores and variety stores, but does not include restaurants.

Commission means the planning commission of the city.

Community entrance sign means any permitted sign that advertises specific subdivisions/communities which includes the subdivision name and the builders of said subdivision located on the premises of said subdivision.

Comprehensive plan means the comprehensive plan made and adopted by the governing authority indicating general locations recommended for the streets, parks, public buildings, lands uses, zoning districts and other public improvements.

Conditional use means a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning districts as conditional uses, if specific provisions for such conditional use are made in this zoning title.

Condominium means a multiunit building, on one (1) lot, divided into single units, which are owned by separate parties who share common areas and facilities.

Consignment sales means any item of sale being clothing, furniture, auto parts, etc., that is not directly shipped from a manufacturer with sole intention of new item sales.

Consignment shop means an establishment that offers for sale goods, new and used, that are owned by others. Consignment shops earn a profit by retaining a portion of the purchase price of the goods that are sold.

Convenience store means a building not exceeding five thousand (5,000) square feet, where convenience goods, wares, merchandise, substances or articles are offered or kept for sale at a retail value.

Country store means a neighborhood-type retail service establishment or general store and filling station.

Daycare center means a place which provides shelter and personal care on a regular basis for six (6) or more children who are not related within the third degree computed according to civil law to the operator, for four (4) or more hours of any part of a twenty-four-hour day, whether such place be organized or operated for profit or not. The term "daycare center" includes childcare facility, kindergarten, nursery or any other facility that falls within the scope of the definitions set forth above, regardless of auspices.

Density means the number of dwelling units per acre of gross land area.

Design standard manual means a reference manual associated with the city engineering department that specifies the design criteria for subdivision development and improvements.

Development plan means a plan that identifies the proposed work to be accomplished on any parcel of land, which shall identify trees, to be removed and trees to be preserved protected or planted.

Diameter breast height (DBH) means a trunk diameter measured at five (5) feet from ground level. For cases concerning multiple trunks, the measurement will be taken at the most narrow point beneath the split.

Directory sign means any sign on which multiple tenant's names and locations of occupants is given and where the total signage is considered and approved as a monument sign.

Discount and consignment stores means any establishment selling only used, wholesale or discounted merchandise to the general public.

Doctor's office means a building housing any licensed health care professional recognized by the State of Mississippi.

Dwelling or dwelling unit means any building or portion thereof designed or used as the residence of one (1) or more persons, but not including a tent, cabin or travel trailer, or a room in a hotel, motel or rooming house.

Dwelling, mobile home means a substantially complete factory-built structure transportable in one (1) or more sections, with or without a permanent chassis, and designed to be used as a dwelling when connected to required utilities.

Dwelling, multiple-family means a building designed or occupied by more than two (2) families living independently of each other.

Dwelling, single-family detached means a dwelling designed for and occupied by not more than one (1) family, which does not have any roof, wall or floor in common with any other dwelling unit.

Dwelling, two-family/duplex means a building designed for or occupied exclusively by two (2) families living independently of each other.

Dwelling unit means one (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking, sleeping and bathroom facilities.

Easement means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.

Engineer means the city engineer.

Equivalent alternative/equivalent landscaping means a specific tree replacement planting actions in accordance with approved tree listing and ratios provided by the office of planning and development and for which neither a tree survey, nor a tree removal permit is required.

Family refers to a group of persons consisting of parent(s), of which only one (1) is designated as head of household, children or individuals next in line of relation; directly connected, not secondary or remote.

Farm means an area or more than ten (10) acres located outside a recorded subdivision which is used for the growing of the usual farm products such as vegetables, fruit, trees, hay, cotton and grain and their storage on the area, as well as the raising thereon of the usual farm poultry and farm animals, such as horses, mules, cattle, sheep and swine and including dairy farms. The term "farming" includes the operating of such an area for one (1) or more of the above uses with the necessary accessory uses for treating or storing the produce; provided, however, that the operation of such accessory uses shall be secondary to that of the normal farming activities, and provided further that farming does not include the extraction of minerals, the feeding of collected garbage or offal to swine or other animals or intensive livestock raising, such as commercial feed lots, large batteries of rabbit hutches or poultry lots or coops.

Farm building or structure means any building or structure upon a farm having no dwelling facilities and constituting a necessary accessory building or structure for treating, processing, storing and assembling of farm produce or products associated with farm production, and/or the storage and maintenance of tools and/or implements involved in normal farming activities conducted on the farm.

Flea market means a market held in an open area or structure where groups or individual sellers offer goods for sale to the public.

Flood hazard boundary map means an official map or plot of an area, issued or approved by the Federal Insurance Administrator, on which the boundaries of the flood-prone areas having special hazards have been drawn.

Flood, 100-year means the highest level of flooding that, on the average, is likely to occur once every one hundred (100) years (i.e., that has one (1) percent chance of occurring each year). (See Figure 1, "Flood Plain Cross Section".)

Floodway means the channel of a watercourse and portions of the floodplain adjoining the channel, which are reasonably required to carry and discharge the floodwater of any natural stream or river. (See Figure 1, "Flood Plain Cross Section".)

Floodplain means a piece of land that may be submerged by floodwaters due to the course of the water channel, which is abutted by the floodway.

Floor area means the total number of square feet of floor space within the exterior walls of a building, not including unheated space in cellars or basements; however, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.

Floor area ratio means the total square foot amount of floor area of a structure on a lot for each square foot of gross land area.

Full-service spa means in addition to beauty/barber shop facilities as defined in this chapter, additional services to include massage therapy by a licensed masseuse, cosmetic procedures such as waxing, collagen inserts, botox, etc., by a licensed technicican, etc., located within the same establishment. To be deemed a full-service spa, an establishment must provide three (3) or more of the stated amenities.

Garage, private means an accessory building or an accessory portion of the principal building, including a carport, which is intended for and used for storing the privately owned motor vehicles, boats and trailers of the family or families resident upon the premises, and in which no business, service or industry is carried on.

Governing authority means the Board of Alderman of the City of Southaven.

Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the building, except when any wall approximately parallels and is not more than five (5) feet from a road line, then the elevation of the road at the center of the wall adjoining the road shall be the grade.

Ground sign means a monumental style sign with a fully-enclosed/masonry base the width of the sign and extending vertically from the ground a minimum of three (3) feet to provide support for the message and its structural encasement.

Hair/beauty salon means a licensed salon in which more than one (1) licensed cosmetologist operates under the rules and regulations of the State of Mississippi Board of Cosmetology.

Hair braiding means the use of techniques that result in tension on hair stands or roots by twisting, wrapping, weaving, extending, locking or braiding of the hair by hand or mechanical device, but does not include the application of dyes, reactive chemicals, or other preparations to alter the color of the hair of to straighten, curl or alter the structure of the hair (licensed).

Hair studio means a licensed salon in which only one (1) licensed cosmetologist operates under the rules and regulations of the State of Mississippi Board of Cosmetology.

Head shop means a retail shop selling smoking accessories otherwise not allowed in general convenience stores.

Headshop/vape store/smoking accessory store shall be defined as any commercial or retail establishment that specializes in the sale of any equipment, apparatus or furnishing that is used or necessary for the activity of smoking which shall include pipes, water pipes, hookahs, rolling papers, vaporizers or e-liquids, e-cigarettes.

Highway 51 and Main Street district means five hundred (500) feet on both the north and south side of Stateline Road (Main Street) from Airways Boulevard to the railroad tracks west of Highway 51 and five hundred (500) feet on both east and west side of Highway 51 from the stateline to the southern boundary of the city limits.

Home occupation means an occupation conducted in a dwelling unit or a residential accessory building.

Hotel is defined as a building of three (3) or more stories designed with interior access corridors, fully-enclosed fire exits and covered access area (porte-cochere), and containing three (3) or more of the following accessory facilities: Swimming pool, fitness center, spa, restaurant, lounge, meeting rooms, banquet room or retail shop.

Infill development means the development of new housing or other buildings on scattered vacant sites in a built-up area.

Institution means a building occupied by a nonprofit corporation or a nonprofit corporation or a nonprofit establishment for public use.

Intent of removal means a written notice in letter format received by the office of planning and development at least fifteen (15) working days before any existing tree removal as defined by this title. This letter shall contain all reasoning and hardships of the development associated with existing trees on the property.

Interior of site means the portion of the total site not classified as "perimeter" in this title.

Junkyard means a parcel of land upon which the principal or accessory use is the accumulation of used, discarded or worn-out materials, or manufactured products, any of which may or may not be reusable or salable. No building materials or hazardous waste shall be stored on such property.

Kennel means an establishment where dogs or other pets are boarded for compensation on a commercial scale.

Kiosks sign means a multiple-use shopping, business, office and professional center signs and may be allowed as additional freestanding directory sign as follows:

(1)

Such kiosks shall be for directory information purposes only, and must be located within the development.

(2)

The area of the directory sign or kiosk shall be contained within the limits for total freestanding signage area at said center and shall not exceed nine (9) feet in height.

Laboratories mean facilities, which are designed or equipped for basic or applied research or experimental study, testing or analysis in the natural sciences or engineering.

Lifestyle center means a multi-tenant development or building which is owned by a single entity and anchored by at least two (2) large retail stores encompassing a minimum of twenty thousand (20,000) square feet a piece, and with all entrances to the shops being located on the exterior of the building.

Light industry means the assembly, fabrication or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare or health or safety hazards outside of the building or lot where such assembly, fabrication or processing takes place, and where such processes are housed entirely within a building.

Loading space means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on a public right-of-way, public road, public street or approved private driveway, and shall consist of a single lot of record or a potion of a lot of record.

Lot area means the total area within the lot lines of a lot excluding any street rights-of-way.

Lot, corner means a lot abutting upon two (2) or more streets or roads at their intersection.

Lot, depth of means the mean horizontal distance between the front and rear lot lines.

Lot, double-frontage means a lot having a frontage on two (2) nonintersecting roads, as distinguished from a corner lot.

Lot, flag-shaped means a lot with a minimum street frontage of twenty (20) feet on which the buildable area is separated by a considerable distance from the street line, so that the distance along the front building line at least equals the required lot width of the zoning district.

Lot frontage means the front of a lot nearest the street. For the purpose of determining yard requirements on corner lots and double-frontage lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated in this title.

Lot line means the property lines bounding the lot.

Lot line, front means the property line separating the lot from a street right-of-way. In the case of a corner lot, each line separating such lot from the street shall be considered a front lot line.

Lot line, rear means the lot line opposite and most distant from the front lot line of the lot. In the case of a corner lot, the line opposite the front of the house shall be considered the rear lot line.

Lot line, side means any lot line other than a front or rear lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.

Lot of record means a lot or parcel of land, the deed or plat of which has been recorded in the Office of the Chancery Clerk of Desoto County, in compliance with all regulations and ordinances of Desoto County at the time of its recording.

Lot width means the width of a lot.

Mausoleum means a building containing above ground tombs.

Mobile home park means a single lot area where two (2) or more mobile homes can be or are intended to be parked, designated or intended to be used as living facilities for two (2) or more families.

Monument sign means a two-sided sign standing on masonry base of no less than three (3) feet in height whose width lies flush with the proposed signage erected on the base and where the maximum height and square footage of the total signage adheres to the signage requirements per zone.

Noncompliant vehicle means any motor vehicle, which does not have a current motor vehicle registration plate or is in such condition as to be considered inoperable.

Nonconforming use means any building or land lawfully occupied by a use at the time of passage of this title or amendment thereto which does not conform after the passage of this title or amendment thereto with the use regulations or dimensions regulations of the district in which it is situated.

Nursing home or assisted living home means a home in which three (3) or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation, but not including hospitals, clinics or similar institutions.

Off-site community locator sign means any permitted sign that advertises specific subdivisions/communities which includes the subdivision name and the builders of said subdivision located within two (2) miles of said subdivision, which must be located within the limits of the City of Southaven.

Office means a place in which administrative, clerical or consulting services are conducted as the main use.

Open space, common means open space owned by a single or common owner, corporation or property owner's association for use by all of the owners or occupants within a subdivision or multi-occupant land development.

Overlay district means a zoning district that encompasses one (1) or more underlying zones and that imposes additional requirements above that required by the underlying zone.

Parking space means an area designated, intended for the purpose of storing one (1) automobile and which shall be not less than ten (10) feet wide and twenty (20) feet long.

Patio means an uncovered area, constructed with concrete, brick or other hard surface, adjacent to a dwelling and used by occupants of the dwelling for leisure time activities but not used for vehicle parking or storage.

Perimeter of site means the outside boundary of the total site, from property line to property line including all front, side and rear yard setback areas, not including the required dedicated right-of-way for major roads or collector streets.

Planned business park (PBP) means a tract of land occupied and arranged in a high-quality, campus-like setting with uses and designs according to the provisions of the PBP district. (Refer to [Chart 4 following section 13-12(m)]).

Planning commission means the city planning commission board appointed by the governing authority.

Plat means a map or drawing showing the lot and street arrangement or other features or details of the area being subdivided and is further defined as follow:

(1)

Sketch plat means a plat conforming to the requirements of this title hereof prior to filing a final plat.

(2)

Final plat means a plat conforming to the requirements of this title for final approval and recording in the office of the chancery clerk.

Pole sign means a two-sided sign erected upon a permanent base whose width does not lie flush with the base of the erected signage. Existing signs of this nature will be considered nonconforming but shall remain erected until such time as a new establishment occupies said property.

Power center means a multi-tenant development or building owned by the same entity which is anchored by at least one (1) large retail store encompassing a minimum of twenty-five thousand (25,000) square feet and located no more than one-quarter (¼) of a mile from a designated lifestyle center.

Prefabricated building means a substantially complete permanent structure of which the structural assemblies or subassemblies are constructed off-site, transported to the site and erected on a permanent foundation.

Premises means a lot, together with all buildings and structures thereon.

Private drives or gated communities street means a paved roadway within a right-of-way that is owned and maintained by the neighborhood association and its residents or contractors hired by the association/residents.

Projecting sign means a sign which is attached to and projects more than twelve (12) inches from the face of a building.

Public building means a building owned by a unit of government.

Public services facility means any facility necessary with the operation and/or maintenance of a local government unit or a public utility as condoned by the laws of the State of Mississippi.

Pylon sign means a sign not attached to a building which is supported by two (2) encased posts or towers extending vertically from within a fully enclosed space the width of the sign and extending vertically a minimum of three (3) feet above the ground level.

Queue space means an area not less than ten (10) feet wide and twenty (20) feet long intended for the purpose of temporarily storing one (1) automobile, which is queuing for a drive-in or drive-through window.

Reader board/message boards means a sign which provides for a changeable message through the use of an electronically displayed message or other similar means and which forms an integral part of the sign allowed as secondary signage on an establishment's primary sign in compliance with the revisions per district set forth in chapter 6 of this title.

Residential treatment center (RTC) is a live-in health care facility providing therapy for substance use disorders, mental illness or other behavioral problems, which shall be located on a site no less than five (5) acres and provide twenty (20) percent open space amenities on site.

Restaurant means an establishment where complete meals are prepared and served and where beverages are customarily served to be consumed with the meal.

Restaurant, carry-out means an establishment which by design of physical facilities or packaging procedures permits or encourages the purchase of prepared ready-to-eat foods intended primarily to be consumed off the premises.

Restaurant, drive-in means an establishment where food is sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle on the site.

Retail (full price/discount/wholesale) means the sale of new goods or commodities directly to consumers in a storefront.

Retail store means a retail establishment with no more than three (3) tenants in a single entity building which sells a general line of nondiscounted merchandise.

Retail strip means a retail establishment with more than three (3) separate tenants located in separate suites of the same building. No retail strip shall exceed twelve (12) tenants.

(1)

Designation of retail strip with four (4) to eight (8) tenants in a single entity building;

(2)

Designation of retail strip with eight (8) to twelve (12) tenants in a single entity building.

Reverse frontage lots means lots, which face on and are served by one (1) street and which back up to another street.

Right-of-way means all land designated for paved street area from curb to curb and future expansion areas per each side of the street and/or the entire strip of land lying between property lines of a street or alley.

RV park means a lot or parcel of land upon which five (5) or more spaces are occupied or intended for occupancy by recreational vehicles designed for travel, recreation and vacation uses.

Salon means an establishment with State of Mississippi certified hair stylist or barbers with other amenities such as a nail salon and/or body waxing by certified persons.

Screening means the use of vegetation, fencing or berm to limit the view of one (1) premises from another.

Sign means any identification, description, illustration or device illuminated or nonilluminated which is affixed to or represented directly or indirectly upon a building, structure or land, and which directs attention to a product, service, place, activity, person, institution or business.

Sign area or display surface means the sum of the gross display surface. The area of each display surface shall be computed by calculating the area of the circle, square, triangle, rectangle, or combination of such common geometric forms necessary to enclose such surface. However, such area shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display. Only one (1) side of double-faced sign shall be included in calculating the sum of display surface area.

Shopping center means a group of commercial establishments, planned, developed, owned and managed as a unit, with off-street parking provided on the property.

Sight triangle means a triangle shaped portion of land in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the site or intersection. At street intersections (corner lots) the sight triangle is measured along the back of curb on both streets for a distance of fifty (50) feet from the point of intersection of the curb line. At curb openings on private lots, the sight triangle is measured for a distance of ten (10) feet along the property line adjacent to the street and ten (10) feet up the driveway.

Site means any parcel or tract of land or group of connected parcels or tracts owned or controlled by the same person or entity, including connected parcels or tracts owned or controlled by multiple persons or entities assembled into one (1) site for the sole purpose of development.

Site plan, administrative means a plan that is reviewed and approved by the office of planning and development staff only.

Site plan, final means a plan, which may be submitted for all, or part of the land area shown on an approved preliminary site plan for a planned business park, in accordance with section 13-12(i) of this chapter.

Site plan, preliminary means a plan, which, is filed with an application for a zoning district amendment to establish a planned business park district as, provided by section 13-12(i) of this chapter.

Spa (full-service) means a licensed establishment with three (3) or more amenities all requiring licensed cosmetologist are provided on-site to include but not limited to, massage, manicure/pedicure, hair styling, waxing, etc.)

Street means paved roadways within a right-of-way for vehicular traffic which is accepted for the public use, and is maintained by the city, or state, whether designated as a street, highway, thoroughfare, arterial, road, avenue, boulevard, land, place, or however otherwise designated. Streets are further defined as follows:

(1)

Urban arterial street means a street having the primary functions of accommodating relatively large volumes of vehicular traffic and serving to connect areas of principal traffic generation and designated as an arterial, in the Southaven Transportation Plan.

a.

Major arterial—Six (6) lanes with center-turn lane.

b.

Minor arterial—Four (4) lanes with center-turn lane.

(2)

Collector street means a street having the primary function of collecting and distributing traffic between local streets or areas and the major street and highway network and designated as a collector street in the Southaven Transportation Plan.

a.

Major collector street—Four (4) lanes, no center-turn lane.

b.

Residential collector street—Four (4) lanes, no center-turn lane.

(3)

Local street means a low traffic street whose primary function is to connect localized areas to adjacent collector street i.e., neighborhoods, business parks, etc.

(4)

Cul-de-sac: A permanent (noncove) dead-end street or court culminated by a turnaround and not intended to be extended in the future.

(5)

Boulevard: means a street with a center median strip that is landscaped and has an aesthetic design, mainly for residential entrances and/or commercial entrances.

(6)

Alley: means a street providing a secondary means of access to a property abutting it.

Structural alteration means any change, except those required by law that would alter the life of the supporting members of a building or structure, such as the bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other resolutions.

Structure means anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, which shall not only include buildings, but also pools, canopies and decks.

Subdivider means any person, individual, firm, partnership, association, corporation, trust, or any other group or combination acting as a unit who undertakes the subdivision of land as defined herein.

Subdivision means the division of a tract or parcel of land into two (2) or more or lots. The term "subdivision" is further defined as follows:

(1)

Major subdivision means all subdivisions of land zoned residential, agricultural, commercial or industrial in which all lots are not bordered by an existing public right-of-way.

(2)

Minor subdivision means a subdivision located on agriculturally zoned property not involving the creation of a street and where not more than three (3) lots have been created from the original parcel and where all lots either:

a.

Have frontage on an existing public street sufficient for vehicular access; or

b.

Have frontage on a private street providing clearly legal and physically adequate access to a public street.

Subdivision main entry means any entrance into a subdivision/community which is defined by an entry feature (i.e., brick walls, permanent signage, icon feature, etc.).

Subdivision secondary entry means any entrance into a subdivision/community which is not defined by an entry feature and is not considered a stub-out road into future or existing development.

Tanning salon means an establishment used primarily to house tanning beds for commercial use, which may carry accessories to tanning such as lotions, oils, goggles, and or tanning wear, not to be considered a retail establishment.

Temporary sign means ground signs advertising future use or development of property with a sign area per face not exceeding one hundred (100) square feet, not remaining more than one (1) year on the property on which it is located and not more than one (1) sign per parcel of land and located not closer than ten (10) feet from the right-of-way. This will include subdivision locater/development signs. These signs shall be removed by the applicant after one (1) year and are required to have a permit.

Tent means a portable structure of coarse cloth, especially canvas or vinyl, supported by one (1) or more poles and usually extended by ropes fastened to pegs in the ground.

Terrace means the same as "patio", however, it may be constructed on multiple levels of a structure.

Thrift shop means an establishment that sells secondhand merchandise, including but not limited to, clothing, books and small appliances.

Timber harvesting means removal of some or all trees located on a parcel or tract of land, not incidental to development of the land for nonagricultural purposes, for the purpose of income, environmental regeneration of forest land, or to create special developments to enhance wildlife habitat needs.

Townhouse means a single-family dwelling on individual lots, forming one (1) of a group or series of two (2) or more attached single-family dwelling separated from one another by party walls without doors, windows or other provisions for human passage or visibility through such walls from basement or cellar to roof, and having roofs which may extend from one (1) of the dwelling units to another.

Tree means any self-supporting woody perennial plant, usually with one (1) main trunk system.

Tree bank means a fund set up to receive monies from owners or developers, who for reasons determined and approved by the office of planning and development, are unable to plant and maintain trees on the site under development, with such monies to be used for planting and maintaining public trees in a separate locations to be determined by the office of planning and development and the governing authority.

Tree, existing means for the purpose of this title, a tree shall have a twelve-inch DBH which is not located in the existing or proposed public right-of-way area, does not interfere with required sight triangle distances, and is not in a public utility easement.

Tree removal means the removal of any existing tree that is not exempted by the application of this title.

Tree survey means a graphic illustration of existing trees upon a site, which includes, but is not limited to, showing detailed information concerning location, diameter and species types.

(1)

The survey (if one is required) shall show the location, size and type of trees (common and/or scientific names). The survey shall identify which trees are to be removed, trees that will remain, and any newly planted trees.

(2)

The survey shall show proposed building layouts, existing building layouts, all proposed and existing roadways, utilities, parking areas, and any other items that may disturb the soil in tree root zones.

(3)

Tree protection measures consistent with the requirements of this Code.

Undesirable tree list means a list created, compiled and maintained by the office of planning and development, which identifies trees undesirable for the purposes of this title.

Utility easement [means] an easement reserving space for utilities or other municipal purposes.

Variance means an alteration of the terms of this title where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this title would result in unnecessary and undue hardship.

Vintage sign means a sign that was constructed before January 1, 1990.

Vocational school or technical college means a secondary or higher education facility primarily teaching usable skills that prepare students for jobs in a trade or business and does not provide lodging or dwelling units for students or faculty. The term does not include schools that teach repair skills for automobiles or other types of heavy machinery that require garage and/or outdoor work space.

Wigology means a service to a wig or hairpiece in any one (1) or combination of the following:

(1)

Arranging, dressing, waving or curling;

(2)

Cleaning;

(3)

Bleaching or coloring;

(4)

Cutting and shaping.

Yard means an open space that lies between the principal buildings and the nearest lot line. The minimum required yard as set forth in this chapter is unoccupied and unobstructed from the ground upward. (See Figure 3, "Required Yards".)

Yard, front means a yard across the full width of the lot, extending from the front line of any building to the front property line.

Yard, rear means a yard extending the full width of the lot between a main building and the rear property line. (See Figure 3, "Required Yards".)

Yard, side means a yard between the main building and the side line of the lot, extending from the front property line to the rear property line. (See Figure 3, "Required Yards".)

Wall or fence sign means any sign attached flat and parallel to the exterior of wall or screening surface of a building or other structure which does not erect above the eave of the roof and which projects from that surface less than twelve (12) inches at all points.

Window sign means any sign displayed on the inside or outside of a window and visible from a public street, walkway, parking lot or any other public way.

(Amend. of 6-14-07; Res. of 1-5-09; Res. of 3-16-10(2); Res. of 8-7-12(2); Res. of 6-2-20(3); Res. of 10-6-20(5); Res. of 4-18-23(1); Res. of 7-17-24(1), § 1)

The purposes of this chapter are to:

(1)

General welfare of the city and its jurisdiction.

(2)

Classify property in a manner that reflects its suitability for specific uses.

(3)

Promote sound, attractive development within the city while also conserving the values of the property throughout the city.

(4)

Encourage compatibility of adjacent land uses.

(5)

Encourage innovative project design in the city.

(6)

Protect environmentally sensitive areas.

(7)

Further the goals and policies of the comprehensive plan of Southaven.

The provisions of this chapter shall be applicable to all property within the limits of Southaven, Mississippi, as provided by MCA 1972, § 17-1-3.

It is the intent of the city that this chapter be as consistent as possible with the city's comprehensive plan. It is further the intent of the city that all amendments to this chapter shall also be consistent with the comprehensive plan. It shall be noted that the adopted comprehensive plan is a developmental tool not to be misconstrued as a definite guideline for development. Should this chapter become inconsistent with the comprehensive plan because of amendments to that plan, it is the intent of the city that this chapter be amended within a reasonable time to bring it into conformance with such plan.

(a)

The text of this chapter shall be comprehensively reviewed by the office of planning and development every five (5) years after its effective date. This review shall include, but not be limited to, consistency with the comprehensive plan, and applicability to current land use and development techniques.

(b)

The office of planning and development shall forward recommendations for text amendments to this chapter to the governing authority for public hearing.

This chapter shall be held to be the minimum requirement for the promotion of the public health, safety and welfare. If any provisions of this chapter conflicts with any other provisions of this chapter, and other sections of this Code, or any applicable state or federal law, the more restrictive provision shall apply.

Nothing in these provisions shall relieve any property owner or user from satisfying any condition or requirement associated with a previous approval, special permit, variance, development permit or other permit issued under any zoning ordinance previously in effect or any other local state or federal ordinance or statute.