No building or premises shall be used and no building shall hereafter be erected or altered for any purpose other than that allowed in the district in which such building or premises is located.

The primary purpose of this district is conserve agricultural land and undeveloped natural amenities from the encroachment of urban and other incompatible land uses on farm land and undeveloped areas. The types, area and intensity of permitted land uses in this district are designed to encourage large lot residential uses and normal farming activities, and to prevent inordinate scattering residences on small lots that would require unreasonable expenditures of public improvements and services. Conditional uses may be permitted, if approved by the governing authority, in accordance with the procedures and conditions set forth in the conditional use chapter of this title, provided such conditional uses comply with the height area and parking regulations for similar uses set out elsewhere in this title. Charts 3 and 4, lists the permitted and conditional uses for this district. The minimum lot and yard requirements, maximum height and maximum gross dwelling unit density which govern any use in this district are listed on Charts 3 and 4 unless otherwise regulated in this chapter.

(a)

General purposes of residential districts. The residential districts included in this chapter area intended to achieve one (1) or more of the following objectives:

(1)

To reserve an adequate supply of appropriately located area for residential development, consistent with the city's comprehensive plan and with sound standards of health, safety and welfare.

(2)

To implement the city's comprehensive plan by establishing clear, delineated areas for future residential growth at varying densities and housing styles.

(3)

To promote flexibility in the design and development of housing, while maintaining high standards of design and ensuring neighborhood compatibility.

(4)

To encourage the conservation of established neighborhoods in the city.

(5)

To assure adequate light, air, privacy, and open space to residents of housing in the city.

(b)

ER estate residential (low density).

(1)

Purpose. The ER district is intended to provide for low density residential neighborhoods, characterized by single-family, detached dwellings on large lots with supporting community facilities. This district is appropriate for established parts of the city where it serves to preserve low density environments.

(2)

Permitted uses. Chart 3, lists the permitted and conditional uses for this district.

(3)

Site development regulations. Each site in the ER district shall be subject to the following site development regulations.

Minimum building setbacks:

(c)

R-30 residential single-family district (low density).

(1)

Purpose. The R-30 district is intended to provide for low density residential neighborhoods, characterized by single-family, detached dwellings on large lots with supporting community facilities. This district is appropriate for established parts of the city where it serves to preserve low density environments. Also, this district can be utilized in newly developing low density areas where buffers cannot provide sufficient transitions between land uses, and for areas in which environmental considerations preclude the platting of smaller lots.

(2)

Permitted uses. Chart 3, Residential Zone Districts, lists the permitted and conditional uses for this district.

(3)

Site development regulations. Each site in the R-30 district shall be subject to the following site development regulations.

Minimum building setbacks:

(d)

R-20 residential single-family district (low density).

(1)

Purpose. The R-20 district is designed to provide suitable areas for low density residential development where appropriate urban services and facilities are provided or where the extension of such services or facilities will be physically and economically facilitated. Generally, this district will be characterized by single-family, detached dwellings and other structures as an accessory thereto. These districts also include community facilities, public utilities, and open uses which specifically serve the residents of these districts, or which are benefited by and compatible with a residential environment.

(2)

Permitted uses. Chart 3, Residential Zone Districts, lists the permitted and conditional uses for this district.

(3)

Site development regulations. Each site in the R-20 district shall be subject to the following site development regulations.

Minimum building setbacks:

(e)

R-15 residential single-family district (medium density).

(1)

Purpose. R-15 district is designed to provide areas for low density residential development where appropriate urban services and facilities are provided or where the extension of such services or facilities will be physically and economically facilitated. Generally, this district will be characterized by single-family, detached dwellings and other structures as are accessory thereto. These districts also include community facilities, public utilities, and open space uses which specifically serve the residents of these districts, or which are benefited by and compatible with a residential environment.

(2)

Permitted uses. Chart 3, Residential Zone Districts, lists the permitted and conditional uses for this district.

(3)

Site development regulations. Each site in the R-15 district shall be subject to the following site development regulations.

Minimum building setbacks:

(f)

R-12 residential single-family district) medium density).

(1)

Purpose. The R-12 district is designated to provide suitable areas for medium density residential development where complete urban services and facilities are provided or when the extension of such services or facilities will be physically and economically facilitated. Generally, this district will be characterized by single-family, detached dwellings, except when otherwise permitted in a residential overlay district, and such other structures as are accessory thereto. This district is intended also, to permit community facilities and public utility installations which are necessary to service and do service specifically to the residents of this district, or which are benefited by and compatible with a residential environment.

(2)

Permitted uses Chart 3, Residential Zone Districts, lists the permitted and conditional uses for this district.

(3)

Site development regulations. Each site in the R-12 district shall be subject to the following site development regulations.

Minimum building setbacks:

(4)

Additional regulations. Site plan approval required. For any development designated in the R-12 district, an overall site development plan and text presenting the information defined the site plan review chapter, must be submitted and approved by the planning commission and governing authority prior to issuance of building permits.

(g)

R-10 residential single-family district (medium density).

(1)

Purpose. The R-10 district is designated to provide suitable areas for medium density residential development where complete urban services and facilities are provided or when the extension of such services or facilities will be physically and economically facilitated. Generally, this district will be characterized by single-family detached dwellings, except when otherwise permitted in a residential overlay district, and such other structures as are accessory thereto. This district is intended, also, to permit community facilities and public utility installations which are necessary to service and do service specifically to the residents of this district, or which are benefited by and compatible with a residential environment.

(2)

Permitted uses. Chart 3, Residential Zone Districts, lists the permitted and conditional uses for this district.

(3)

Site development regulations. Each site in the R-10 district shall be subject to the following site development regulations.

Minimum building setbacks:

(4)

Additional regulations. Site plan approval required. For any development designated in the R-10 district, an overall site development plan and text presenting the information defined the site plan review chapter, must be submitted and approved by the planning commission and governing authority prior to issuance of building permits.

(h)

R-9 residential single-family district (medium density).

(1)

Purpose. The R-9 district is designated solely to protect existing established neighborhoods in areas previous zoned R-2 and to provide suitable areas for high density residential development where complete urban services and facilities are provided or when the extension of such services or facilities will be physically and economically facilitated. Generally, this district will be characterized by single-family detached dwellings. This district is intended, also, to permit community facilities and public utility installations which are necessary to service and do service specifically to the residents of this district, or which are benefited by and compatible with a residential environment. No new areas within the city should be rezoned to this district.

(2)

Permitted uses. Chart 3, Residential Zone Districts, lists the permitted and conditional uses for this district.

(3)

Site development regulations. Each site in the R-9 district shall be subject to the following site development regulations.

Minimum building setbacks:

(i)

R-8 residential single-family district (high density).

(1)

Purpose. The R-8 district is intended to provide medium density residential neighborhoods with single-family characteristics, while also allowing considerable latitude in the physical design of housing. Generally, this district will permit single-family detached and attached residential and townhouses, except when otherwise permitted in a residential overlay district, and such other structures as are accessory thereto. This district is intended, also to permit community facilities and public utility installations which are necessary to service and do service specifically to the residents of this district, or which are benefited by and compatible with a residential environment.

(2)

Permitted uses. Chart 3, Residential Zone Districts, lists the permitted and conditional uses for this district.

(3)

Site development regulations. Each site in the R-8 district shall be subject to the following site development regulations.

Minimum building setbacks:

(4)

Additional regulations.

a.

Site plan approval required. For any development designated in the R-8 district, an overall site development plan and text presenting the information defined the site plan review chapter of this title must be submitted and approved by the planning commission and governing authority priority to issuance ob building permits.

b.

Single-family attached in the R-8 district. Single-family attached residential is permitted in this district, subject to the following additional regulation:

The side yard opposite to the common wall must be equal to at least ten (10) feet.

(j)

R-6 residential single-family district (high density).

(1)

Purpose. The R-6 district is intended to provide high density residential neighborhoods with single-family characteristics, while also allowing considerable latitude in the physical design of housing. Generally, this district will permit single-family detached and attached residential and townhouses, except when otherwise permitted in a residential overlay district, and such other structures as are accessory thereto. This district is intended, also, to permit community facilities and public utility installations which are necessary to service and do service specifically to the residents of this district, or which are benefited by and compatible with a residential environment.

(2)

Permitted uses. Chart 3, Residential Zone Districts, lists the permitted and conditional uses for this district.

(3)

Site development regulations. Each site in the R-10 district shall be subject to the following site development regulations.

Minimum building setbacks:

(4)

Additional regulations.

a.

Site plan approval required. For any development designated in the R-6 district, an overall site development plan and text presenting the information defined the site plan review chapter of this Title must be submitted and approved by the planning commission and governing authority prior to issuance of building permits.

b.

Single-family attached in the R-6 district. Single-family attached residential is permitted in this district, subject to the following additional regulation:

The side yard opposite of the common wall must be equal to at least eight (8) feet.

c.

Townhouse/condominium residential the R-6 district. Townhouse/condominium residential is permitted in this district, subject to the following additional regulations:

1.

A maximum of six (6) townhouse units may be attached in any one (1) townhouse structure.

2.

The site area per unit for any common townhouse development must equal at least six thousand (6,000) square feet.

3.

The minimum size for nay townhouse lot sold individually shall be three thousand (3,000) square feet.

4.

The minimum width for any townhouse lot sold individually shall be twenty (20) feet.

5.

The maximum floor area ratio shall be computed for the entire common development and for each individual lot within the development. A single lot within the common development cannot exceed the maximum floor area ratio of six-tenths (.60) square feet of building area per one (1) square foot of site/lot area).

(a)

RM-8 residential multiple-family district (high density).

(1)

Purpose. The RM-8 district is designated to provide locations for low density, multiple-family housing in the approximate range of eight (8) to twelve (12) dwelling units per gross acre of site area. It is not the intent of this title, however, to restrict in number the dwelling units contained in a building, provided there is sufficient site area and open space on a lot relative to then umber of dwelling units thereon. Generally, this district will be characterized by residential structures each containing a multiple number of dwelling units. The RM-8 district applies to areas in which a mix of single-family and multiple-family housing is appropriate to create a unified urban neighborhood; transitional areas between lower and high intensity uses; developing areas of multiple-family housing where sufficient urban facilities are available or where such facilities will be available prior to development. This district is intended also to permit community facilities and public utility installations which are necessary to service and do service specifically to the residents of this district, or which are benefited by and compatible with a residential environment.

(2)

Permitted uses. Chart 3, Residential Zone Districts, lists the permitted and conditional uses for this district.

(3)

Site development regulations. Each site in the RM-8 district shall be subject to the following site development regulations.

Minimum building setbacks shown above.

(4)

Additional regulations.

a.

Site plan review required. For apartments, residential condominiums, townhouses, patio homes, single-family attached dwellings, and single-family detached dwellings, an overall site development plan and text presenting the information defined in the following paragraphs must be submitted for approval by the planning commission and governing authority prior to issuance of building permits.

1.

Site plan.

i.

The site plan is intended to demonstrate the character and objectives of the proposed development in adequate detail for the planning commission and governing authority to evaluate the effect the proposed development would have on the community and to determine what provisions, if any, should be included as part of the plan and be binding on the use and development of the subject property.

ii.

The filing of a site plan shall constitute an agreement by the owner and applicant, their heirs, successors and assigns that if the site plan is approved by the governing authority, building permits for improvement of such property shall be issued only when in conformance with the binding elements of the site development plan as approved by the planning commission and the governing authority for the property in question. Such plan shall be strictly complied with and be enforceable in the same manner as the zoning district regulations.

b.

Site plan information.

1.

Boundary description, including area, bearings and dimensions of all property lines.

2.

Vicinity map.

3.

Tie in dimension from property corner to nearest to existing street(s) and to section corner.

4.

Existing topography, with a contour interval not greater than five (5) feet unless specifically waived by the planning commission.

5.

Lot size and location, size and arrangement of proposed and existing buildings to remain, if any, including height in stories and feet, floor area ratio, total floor area, total square feet of ground area coverage, number and size of dwelling units, broken down by the number of bedrooms in each dwelling unit.

6.

Proposed use of the structures on the subject property.

7.

The location of all major existing tree growth. Major tree growth shall be defined as trees greater than six (6) inches in diameter at breast height (four (4) feet above the ground).

8.

Provisions for landscaping, screening, buffering, recreational and open space areas. Required screening shall not be considered as part of the rear yard setback requirement.

9.

Proposed means of dedication of common open space areas and organizational arrangements for the ownership, maintenance and preservation of common open space.

10.

The location, arrangement and dimensions of:

i.

Existing and proposed streets and driveways;

ii.

Adjacent streets;

iii.

Sidewalks;

iv.

Parking areas, including the number of off-street parking spaces;

v.

Points of ingress-egress;

vi.

Off-street loading areas;

vii.

Other vehicular, bicycle or pedestrian right-of-way;

viii.

Locations and types of existing and proposed utilities and easements;

ix.

Fire hydrants.

c.

Site plan, minimum standards.

1.

Area, height and yard requirements are listed in Chart 5 District Regulations.

2.

Off-street parking: A minimum of ten (10) percent of the total area shall be set aside as parks and playgrounds. Of this ten (10) percent a maximum of one-half (½) may be covered with water. A maximum of five (5) percent of the area designated to be parks and playgrounds may be covered with structures to be used in recreational use of the area. Parks and playgrounds must be suitably improved for their intended use, but parks and playgrounds containing natural features clearly worthy of preservation may be left unimproved. At its discretion, the planning commission may recommend that the governing authority accept a cash contribution in lieu of land dedication for parks and open space; this payment in lieu of land dedication shall be no less than three hundred fifty dollars ($350.00) per dwelling unit to be created.

3.

Draining provisions: A means of on-site drainage retention shall be provided to control stormwater run-off so that surface waters will be properly disposed of without adversely affecting neighboring properties through erosion, flooding and other drainage problems. Drainage provisions shall be made to the satisfaction and requirements of the city engineer and the governing authority.

4.

The planning commission and/or governing authority may require other special improvements as they are required if they are deemed reasonable and essential.

(5)

Single-family attached in the RM-8 district. Single-family attached residential is permitted in this district, subject to the following additional regulation:

a.

Minimum lot area is six thousand (6,000) square feet for an entire structure and three thousand (3,000) square feet for any one (1) dwelling unit sold individually.

b.

Minimum lot width shall be sixty (60) feet for an entire stricture and thirty (30) feet for any one (1) dwelling unit sold individually.

c.

The side yard opposite to the common wall must be equal to at least eight (8) feet.

(6)

Townhouse/condominium residential in the RM-8 district. Townhouse/condominium residential is permitted in this district, subject to the following additional regulation:

a.

A maximum of six (6) townhouse units may be attached in any one (1) townhouse structure.

b.

The site area per unit for any common townhouse development must equal at least five thousand (5,000) square feet.

c.

The minimum size for any townhouse lot sold individually shall be two thousand (2,000) square feet.

d.

The minimum width for any townhouse lot sold individually shall be twenty (20) feet.

e.

The maximum floor area ratio shall be computed for the entire common development and for each individual lot within the development. A single lot within the common development cannot exceed the maximum floor area ration of eight-tenths (.80) square feet of building area per one (1) square foot of site/lot area.

This district is intended to permit offices and associated administrative, executive, professional and research activities, and limited retail commercial uses incidental to such environments. Specified institutional uses are also permitted and shall be established only when they would act as a buffer between residential and nonresidential uses located along highways, as identified in the major road plan for Desoto County, and/or when such uses would abut a nonresidential use. Conditional uses may be permitted, if approved by the governing authority, in accordance with the procedures and conditions set forth in the conditional use chapter of this title, provided such conditional uses comply with the height, area and parking regulations for similar uses set out elsewhere in this title. Chart 4, Commercial Zone Districts, lists the permitted and conditional uses for this district. The minimum yard requirements and maximum height requirements which govern any use in this district are listed on Chart 5, District Regulations, unless otherwise regulated in this chapter. The maximum permitted floor area ration shall be 0.25.

This district is intended to permit offices and associated administrative, executive, professional and research activities on a smaller scale basis located abutted to residential districts. This zoning category is intended to preserve the character of adjacent residential uses, to guide growth and development, and to ensure compatibility with other zoning districts. Offices located within this district must maintain a residential character to the buildings and, when possible, locate all parking areas behind or on the side of the building to keep with the residential character of the area. Conditional uses may be permitted, if approved by the governing authority, in accordance with the procedures and conditions set forth in the conditional use chapter of this title, provided such conditional uses comply with the height, area and parking regulations for similar uses set out elsewhere in this title. Chart 4, Commercial Zone Districts, lists the permitted and conditional uses for this district. The minimum yard requirements and maximum height requirements which govern any use in this district are listed on Chart 5, District Regulations, unless otherwise regulated in this chapter. The maximum permitted floor area ratio shall be 0.25.

The purpose of the C-1 neighborhood commercial district is to provide for retail shopping and personal services to serve adjacent residential areas. Generally located at the intersections of major streets within residential areas, the height of buildings and open spaces surround the district will not adversely affect nearby residences. hart 4, Commercial Zone Districts, lists the permitted and conditional uses for this district. The minimum yard requirements and maximum height requirements which govern any use in this district are listed on Chart 5, District Regulations, unless otherwise regulated in this chapter. The maximum permitted floor area ration shall be 0.25.

(a)

Scope of authority. Within these corridors, exterior improvements or changes to the following non-residential developments or residential developments with four (4) or more units shall require approval by the design review board for architectural approval and the planning commission for site plan approval prior to the issuance of any permits by the City of Southaven. Designated city corridors are identified as: Airways Boulevard, Highway 51 and Main Street (refer to definitions), Elmore Road, Church Road and Getwell Road. The governing authority may at any time designate new corridors via public hearing. For the purposes hereof, the term "developments" includes structures and the site upon which they are situated, including:

(1)

All new nonresidential developments.

(2)

All new residential developments with four (4) or more units.

(3)

All exterior alterations and/or additions to structures in existing nonresidential developments or residential developments with four (4) or more units.

(4)

All exterior color changes to existing nonresidential developments or residential developments with four (4) or more units shall require approval by the design review board.

(5)

All new or replacement sign structures for nonresidential developments or residential developments with four (4) or more units shall only require approval by the office of planning and development.

(b)

Signs. The shape, configuration, location, design, color, texture, lighting and materials of all exterior signs should not detract from the design of proposed or existing buildings and structures and the surrounding properties. Regulations pertaining to signs in this corridor include, but are not limited to:

(1)

One (1) ground-mounted sign not exceeding six (6) feet in height and thirty-five (35) square feet shall be allowed per parcel on nonresidential properties and residential developments with four (4) or more units for Highway 51 and Main Street. All other designated corridors are allowed nine (9) feet in height and fifty (50) square feet of signage.

(2)

Directory signs shall not exceed fifteen (15) feet in height and (100) square feet per face.

(3)

Wall signs shall not exceed fifty (50) square feet. The maximum sign area for wall signs may be increased one (1) square foot for each additional two (2) feet of building setback beyond the setback required but not to exceed seventy-five (75) square feet. In cases where a building is located on a corner or double frontage lot, both elevations will be allowed a wall sign.

(4)

Illumination. Lighting of signs shall be provided by only direct external lighting, such as flood or spotlights. External lighting sources shall be so shaded, shielded or directed so that the light intensity will not be objectionable to surrounding areas.

(5)

All ground-mounted signs must have a minimum of three (3) feet of masonry base.

(c)

Exemptions.

(1)

Communication towers shall be exempt from the review and approval requirements of the designated corridors.

(2)

Due to the nonconformity of lots, setbacks, uses, buildings and similar structures located within this district, special consideration shall be given on a case by case basis for site plan and use conformity. This is designed to stimulate and promote in-fill development in areas that have been dormant for several years.

(3)

Uses allowed in these corridors are listed in section 13-108. A variance to this list may be requested by applying to the board of adjustment and board of aldermen for consideration.

The purpose of C-3 general commercial district is to protect and improve older business districts in established communities. No areas other than those located within these designated areas should be rezoned to this district. Chart 4, Commercial Zone Districts, lists the permitted and conditional uses for this district. The minimum yard requirements and maximum height requirements which govern any use in this district are listed on Chart 5, District Regulations, unless otherwise regulated in this chapter. The maximum permitted floor area ration shall be 0.25.

This district is intended to permit the development and maintenance of planned commercial developments, including shopping centers, characterized by single structure or an integrated complex of structures with planned building locations, parking and loading areas, driveways and landscaping. Such planned commercial developments may be designed to serve areas ranging from a neighborhood to the entire urban area. Chart 4, Commercial Zone Districts, lists the permitted and conditional uses for this district. The minimum yard requirements and maximum height requirements which govern any use in this district are listed on Chart 5, District Regulations, unless otherwise regulated in this chapter. The maximum permitted floor area ration shall be 0.25. This district should be adjacent to one (1) or more major roads as designated in the comprehensive plan, transportation plan, and may be adjacent to an area zoned or used for residential purposes if appropriate landscape screening is provided to adequately buffer the residential use from incompatible noises, sights and lighting.

(1)

Preliminary site plan required. The C-4 planned commercial district shall be established only upon application, after public hearing and shall require an approved preliminary site plan which, when zoning is granted, will govern the development of the land.

(2)

The following minimum development standards shall be observed in the C-4 planned commercial district.

Minimum Building Setbacks

(3)

Landscaped bufferyard requirements. The following landscape bufferyards shall be provided in the C-4 district.

(a)

Purpose. The purpose of the planned business park district is to foster stability and growth in light industry, research and development and similar industries that are enhanced by access to transportation networks and that provide desirable employment opportunities for the general welfare of the community. The planned business park district targets relatively large contiguous land areas that can be developed according to a unified plan in a high quality, campus-like setting rather than on a lot-by-lot basis. The uses and standard in this district are intended to promote flexibility and innovation in site design and enhance the environmental quality and attractiveness of business parks in the community, enhance the natural or scenic qualities of the environment and protect the public health and safety.

(b)

Chart. Chart 4, Commercial Zone Districts, lists the permitted and conditional uses for this district.

(c)

Minimum area requirements.

(1)

PBP district: Five (5) contiguous acres under a common ownership. Measurement of acreage shall apply to land which is contiguous or would be contiguous except for separation by a public right-of-way or a railroad right-of-way.

(2)

Individual lot or building site within PBP district: One (1) acre.

(d)

Minimum yard requirements. Except for allowable accessory uses no building or structure shall be located within the following minimum yards:

Minimum front yard abutting right-of-way .....60 feet

Minimum front yard abutting driveway or internal street .....25 feet

Minimum side and rear yard abutting property zoned or used for residential purpose .....40 feet

Minimum size and rear yard abutting property zoned or used for nonresidential purpose .....25 feet

Minimum frontage on public right-of-way for PBP .....200 feet

(e)

Height limits.

(1)

Except as provided in subsection (e)(2) of this section: Forty-five (45) feet.

(2)

The maximum height limitations in subsection (e)(1) of this section shall not apply to heating and ventilation equipment, communication towers or utility structures, except that no structure exceeding forty-five (45) feet shall be located within two hundred (200) feet of any property zoned or used for residential purposes.

(f)

Maximum floor area ratio (FAR). The total FAR of all buildings within a PBP district shall not exceed one-half (0.5) acre.

(g)

Amenity requirements.

(1)

A minimum of fifteen (15) percent of the gross land area within a PBP district shall be set aside as common open space to provide for the recreational needs of the employees and visitors of the business park.

(2)

Required open space shall be usable for active recreational activities, such as jogging, golf or tennis, or passive recreation uses, such as sitting, scenic viewing or lunch breaks. Open space areas shall be attractively landscaped and may contain water features, park benches, gardens, planting strips, trails, tennis courts or other recreational or landscaping amenities.

(3)

Common elements, such as undedicated streets or drives, recreational and parking facilities, open space and sanitary and storm sewers, shall be either:

a.

Maintained by the owners of the planned business park, pursuant to a maintenance agreement approved by the governing authority; or

b.

Conveyed to and maintained by a common owner or property owners association, pursuant to covenants or a maintenance agreement approved by the governing authority; or

c.

Conveyed to a public body if such public body agrees to accept conveyance and to maintain the open space and any buildings, structures, or improvements located within it.

(4)

If common elements are to be maintained by a property owners association, the developer shall establish restrictive covenants for the entire project area. The restrictive covenants must be submitted to show compliance with these district regulations. Those covenants must, at a minimum:

a.

Create a property owners association;

b.

Provide for the maintenance of individual sites, common open spaces and private streets, private drainage facilities; and

c.

Provide for minimum development and operational standards for each site, which require adherence to local ordinances and establish uniform landscaping, signage, site design, parking and loading standards. The covenants may include additional restrictions or requirements at the discretion of the developer.

(h)

Off-street parking and loading space requirements.

(1)

Minimum number of spaces. Off-street parking facilities must conform to the standards set out in chapter 6 of this title, or in lieu of such standards, to requirements established by the governing authority.

(2)

Location of parking areas. Off-street parking areas shall be conveniently accessible to uses within a planned business park. Parking areas are strongly discouraged within front yards or setbacks adjacent to major streets.

(3)

Landscaping. Parking areas shall be landscaped according to the provisions of section 13-10(c).

(i)

Outdoor storage. Outdoor storage areas may be permitted as an accessory use on an individual lot with a planned business park provided that such storage is completely screened from adjoining uses within and outside the park as well as from public rights-of-way. The screening must be effective at the time it is installed, even if plant materials are used for all or part of the screening. No outside storage areas shall be permitted within any required setback or yard. In no event may the amount of land devoted to outside storage exceed twenty (20) percent of an individual lot area.

(j)

Screening requirements. Refuse containers, dumpsters, rooftop and outdoor HVAC equipment shall be screened with vegetation, fencing or berm so they are not visible from any street or adjacent property. Buildings or structures abutting a residential zone or use shall also be appropriately screened via perimeter landscaping.

(k)

Landscaping requirements. See landscaping section.

(l)

Lighting requirements. Lighting shall be provided in accordance with a plan designed by the appropriate utility company.

(1)

Lighting for safety shall be provided at intersection, along walkways, at entryways, between buildings, and in parking areas.

(2)

Lighting shall be directed downward or shield to avoid hazards to drivers or glare on abutting residential uses.

(m)

Underground utility lines. All utility lines such as electric, telephone, cable television, or other similar lines must be installed underground. This requirement applies to lines serving individual sites as well as to security and street lighting within the park. However, distribution lines which service the entire site may be located aboveground. All utility boxes, transformers, meters, and similar structures must be screened from public view.

(n)

Access and traffic considerations.

(1)

Planned business parks shall be accessible from the existing or proposed street network in the vicinity. At least one (1) distinctive main gateway entrance to the park shall be provided. Access to the park shall be designed to discourage outside through traffic.

(2)

Curb cuts providing access to major streets shall be spaced a minimum of three hundred (300) feet from any other curb cut.

(3)

Traffic generated by occupants and users from the park shall not exceed traffic capacity standards established for the adjacent road network. A traffic impact study may be required to determine whether road improvements will be required.

(o)

Circulation system requirements. Separate circulation systems shall be provided for pedestrians, automobiles and delivery trucks.

(1)

Pedestrian circulation. Sidewalks shall be provided along any roadways that are served by bus or van pool service, and between buildings or to parking areas or transit stops. The pedestrian circulation system and its related walkways shall be separated, whenever feasible, from the vehicular street system in order to protect the public safety and provide safe and convenient pedestrian routes. Except where topography makes it impracticable, sidewalks shall be appropriately designed, graded, constructed and surfaced to be readily usable by individuals in wheelchairs. Curb ramps shall be installed at all intersections and driveways to aid in wheelchair access.

(2)

Automobile circulation. The street circulation system serving a planned office park shall be internally oriented and provide access for future development within the PBP designation as shown on the land use map.

(3)

Delivery truck circulation. Truck traffic and its related circulation system shall be separated, whenever feasible from automobile and pedestrian circulation system. Separate delivery entrances and circulation routes shall be clearly identified with appropriate signage.

(4)

Emergency vehicles. The street circulation system within a planned business park should be designed to ensure easy access for and maneuvering of emergency vehicles.

(p)

Sign regulations.

(1)

The general sign regulations of this title shall apply in PBP districts, in addition to the following special standards.

(2)

All signs within the PBP district shall be either:

a.

Wall signs; or

b.

Ground signs, not exceeding six (6) feet in height and landscaped with at least two (2) evergreen shrubs for each sign face.

(3)

Maximum number: One (1) ground sign at each entrance to the park, one (1) wall sign or ground sign for individual uses within the park, and any number of signs needed to provide directions, identify parking areas or aid in the safe and efficient traffic circulation within the park.

(4)

Maximum gross surface area of entrance sign: Forty-eight (48) square feet.

(5)

The following sign types shall be prohibited within a PBP district: permanent off-premises signs, pole signs, portable signs, roof signs, flashing signs, banners, streamers and other attention-getting devices.

(6)

A uniform sign plan shall be submitted and approved for each planned office park. The uniform sign plan shall specify consistent sizes, materials and colors of signs to be used throughout the property, or shall establish a hierarchy of different types of signs, consistent for all signs in each category. The design, colors and materials used for signs shall be compatible with the buildings which the signs serve.

(q)

Architectural design guidelines.

(1)

Buildings within a PBP district should conform to a uniform architectural style.

(2)

Metal "shed" type warehouse buildings prohibited. Exteriors of natural materials, such as concrete, brick, granite, or wood, are more compatible with the purposes and character of PBP district.

(3)

The entrance or entrances to a park should receive special emphasis in design and construction. It should set the tone for the development within and should create an identity for the project at the project street frontage. Special attention should be paid to signage, landscaping, street configuration, and future transit potential and traffic circulation. At a minimum, a divided street entrance must be used at the principal entrance to the site.

(r)

Conceptual site plan review required. This shall be required at the time that the rezoning request is presented. It is designed that the applicant can meet the minimum requirements as set forth in this chapter regarding setbacks, open space, impervious surface, etc. The PBP shall be established only upon application, after public hearing, and shall require an approved preliminary site plan according to the procedures of this chapter.

(s)

Final site plan review required. This shall be required at the time that each entity desires to construct within the PBP. Approval of a final site plan shall permit the applicant to apply for any other permits and approvals including, but not limited to, building permits, certificates of occupancy, and other permits and approvals required under the Southaven Building Code of Ordinances.

(t)

Period of validity. If construction of the planned business park is not started within two (2) years of the date of the rezoning, the governing authority may consider rezoning the site to its previous classification. The applicant, by showing good cause why he cannot adhere to the approved timetable may seek an extension of not more than one (1) year at a time. A request for extension shall be submitted in writing to the planning commission and governing authority.

(u)

Amendment to the approved site plan. A site plan shall be amended in accordance with the procedures and standards which governed its approval, except for minor deviations, including, but not limited to:

(1)

A less than five (5) percent increase in the floor area.

(2)

A less than ten (10) percent decrease in the required parking spaces or common open space.

(3)

The relocation of any structure, dedicated street, easement or landscape screen in any direction from the location shown on the site plan for:

a.

Less than twenty-five (25) feet for site plans of less than two (2) acres

b.

Less than fifty (50) feet for site plans of two (2) to eight (8) acres.

c.

Less than one hundred (100) feet for site plans of eight (8) to twenty (20) acres.

d.

Less than one hundred fifty (150) feet for site plans of more than twenty (20) acres.

The purpose of the M-1 light industrial district is to provide for a wide variety of light manufacturing establishments including assembling, processing, storage and distributing activities. No new residential development would be permitted except for watchmen and caretaker dwelling units. The districts should adjoin highways and access to railroads is also desirable. Chart 4, Commercial Zone Districts, lists the permitted and conditional uses for this district. The minimum yard requirements and maximum height requirements, which govern any use in this district, are listed on Chart 5, District Regulations unless otherwise regulated in this title.

Off street parking and loading: Off-street parking and loading shall be prescribed in chapter 8 of this title.

The purpose of the M-2 heavy industrial district is to provide for all types of industrial activities except that those potentially hazardous would be permitted only after review by the governing authority and assurance of the protection of public interest and surrounding persons and property. The district is located so as to be accessible to both highways and railroads. Chart 4, Commercial Zone Districts, lists the permitted and conditional uses for this district. The minimum yard requirements and maximum height requirements which govern any use in this district are listed on Chart 5, District Regulations, unless otherwise regulated in this title.

Off-street parking and loading: Off-street parking and loading shall be prescribed in chapter 8 of this title.

The purpose of the planned unit development district is to provide for the development of planned total communities that provide a full range of residential types as well as certain commercial and office uses designed to serve the inhabitants of the districts consistent with the comprehensive plan. For purposes of this title, a planned unit development shall be a tract of land at least five (5) acres in area, under single, corporation, firm, partnership or association ownership, planned and developed as an integrated unit, in a single development operation or a programmed series of development operations and according to an approved general site plan.

In order to encourage ingenuity, imagination and high quality design, regulations on residential areas will not specify minimum lot area per dwelling unit but will limit density in residential developments to five (5) dwelling units per acres in single-family areas and twenty (20) units per acre in multifamily residential areas. However, general standards for area, height and yard requirements are listed on Chart 5, District Regulations.

(1)

Minimum requirements for planned unit developments are as follows:

a.

Street widths and improvements must conform to the requirements established by the subdivision regulations, and the major road plan; however, alternative design cross sections of minor roadways may be presented for consideration and approval at the time of outline plan review.

b.

All improvements are to be installed and maintained by the developer unless other arrangements approved by the governing authority are made.

c.

Landscaping to provide a buffer between commercial, office, industrial and/or multifamily uses and adjacent single-family residential districts and uses must be provided as required in Chart 2, Transitional Bufferyard Table Requirements in section 13-10(g) of this title. Required screening shall not be considered as part of the rear yard setback requirement.

d.

A minimum total area of fifteen (15) percent of the gross residential area shall be set-aside as parks and playgrounds. Of this fifteen (15) percent a maximum of one-half (½) may be covered with water. A maximum of five (5) percent of the area designated to be parks and playgrounds may be covered with structures to be used in the recreational use of the area. Parks and playgrounds must be suitably improved for their intended use, but parks and playgrounds containing natural features clearly worthy of preservation may be left unimproved if granted by the office of planning and development and accompanied by a waiver of park space fee. Designated park areas may be included in floodplain areas of the development but shall not be calculated with floodway or wetlands.

e.

Overall density calculations for residential PUDs may utilize open space with the exception of floodways and wetland designations.

f.

The planning commission and/or governing authority may require other special improvements, if they are deemed reasonable and essential.

(2)

District established, plan approval required: The PUD district shall be established only upon application, after public hearing as specified in the amendatory procedures of this chapter and shall require approval of an outline plan which, when zoning is granted, will govern the development of the land and all development plans thereof.

(3)

Application required: An application for rezoning to PUD district shall be accompanied by: An outline plan drawn to scale of not less than one (1) inch equals one hundred (100) feet or a larger scale suitable to the size of development if approved by the office of planning and development. The plat shall be drawn on a sheet twenty (20) inches by twenty-four (24) inches.

(4)

Outline plan: The outline plan shall include area, at a minimum, the following information:

a.

Boundary description, including area, bearing and dimensions of all property lines;

b.

The locations of existing roads with both the existing and proposed rights-of-way from centerline, and the location of proposed points of ingress and egress from the site;

c.

The location of all major existing tree growth. Major tree growth (*Please refer to tree ordinance);

d.

Vicinity map, north arrow and scale (graphically and numerically);

e.

Tie in dimension from property corner to nearest to existing street(s) and to section corner;

f.

Locations and types of existing easements, including instrument numbers, and proposed utilities and easements;

g.

Individual parcel numbers/letters the amount of acreage on each (and designated use, if applicable);

h.

Required landscape plates (shown on the plan graphically and in cross section);

i.

Names of abutting property owners or subdivisions.

(5)

The outline plan text shall present the following in formation:

a.

Proposed land uses and population densities;

b.

Proposed primary circulation pattern;

c.

Proposed parks and playgrounds;

d.

Delineation of the units of phases to be constructed, together with a proposed timetable;

e.

Proposed means of dedication of common open space areas and organizational arrangements for the ownership, maintenance and preservation of common open space;

f.

Relation to the comprehensive plan and to land uses in the surrounding area;

g.

Estimates of traffic volumes generated by the completed project.

(6)

Supporting data: The office of planning and development may require the applicant to provide additional data in support of the PUD proposal is such material is deemed reasonable and essential to the consideration of the project. Such material may include by not be limited to studies of traffic generation, drainage, sewers and public utilities, marketing and economic feasibility analyses or other issues which may be pertinent to the site and surrounding area.

a.

Minimum district area: The minimum area for a PUD district shall be five (5) acres. The minimum area for a PUD district for infill development shall be a minimum of one (1) acre.

b.

Permitted uses: A list of permitted uses within each planned unit development must be submitted with the application for establishment of the district and must be approved by the planning commission and the governing authority upon application by the owner of the property.

(7)

Amending a planned unit development outline plan:

a.

An application for an amendment to an outline plan shall be filed with the office of planning and development, which application shall be accompanied by a nonrefundable fee established by the governing authority.

b.

An applicant requesting an amendment of the outline plan shall have the responsibility to demonstrate the appropriateness of the change and shall do so by demonstrating the following:

1.

How the proposed amendment would conform to the comprehensive plan;

2.

Why the proposed amendment to the existing outline plan of the property in question is appropriate or proper;

3.

What major economic, physical or social changes, if any, have occurred in the vicinity of the property in question that were not anticipated by the outline plan and have substantially altered the basic character of the area, which make the proposed amendment to the outline plan appropriate.

Further, such applicant shall:

4.

List such changes;

5.

Describe how such changes were not anticipated by the comprehensive plan;

6.

Describe how such changes altered the basic character of the area;

7.

Describe how such changes make the proposed amendment to the outline plan.

c.

An application for an outline plan amendment shall include an outline plan of the entire PUD drawn to scale of not less than one (1) inch equals two hundred fifty (250) feet or a smaller scale suitable to the size of development, if approved by the office of planning and development. The plat shall be drawn on a sheet twenty (20) inches by twenty-four (24) inches.

d.

Text presenting the following information shall be included in the application for amendment:

1.

Proposed land uses and population densities;

2.

Proposed primary circulation pattern;

3.

Proposed parks and playgrounds;

4.

Delineation of the units of phases to be constructed, with a proposed timetable;

5.

Proposed means of dedication of common open space areas and organizational arrangements for the ownership, maintenance and preservation of common open space;

6.

Relation to the comprehensive plan and to land uses in the surrounding areas;

7.

Estimates of traffic volumes generated by the completed project.

e.

The amended outline plan shall include the same minimum information as that required in the initial application for a PUD.

f.

The application for an amended outline plan may be required by the office of planning and development to provide additional data in support of the amendment, if such material is deemed reasonable and essential to the consideration of the project. Such material may include but not be limited to studies of traffic generation, drainage, sewers and public utilities, marketing and economic feasibility analyses or other issues, which may be pertinent to the site and surrounding area.

g.

Proposed amendments shall be first submitted to the planning commission for its recommendations and report and the planning commission shall hold a public hearing thereon, after giving fifteen (15) days' notice of the hearing in an official newspaper specifying the time and place for the hearing. The planning commission shall make its recommendation on such request for all outline plan amendments to the governing authority, and the governing authority shall proceed to hold a public hearing in relation thereto. The governing authority may refer the application back to the planning commission for additional study before final decision; however, no notice other than for the first public hearing need be given.

h.

In case of an adverse report by the commission or in case of a protest against such change signed by the owners of twenty (20) percent or more, either of the area of the lots included in such proposed change, or of those immediately adjacent to the rear thereof, extending one hundred sixty (160) feet therefrom, or of those directly opposite thereto, extending one hundred sixty (160) feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of two-thirds (⅔) of all the members of the governing authority.

i.

If an application for an amendment to classify property in the PUD district is denied by the governing authority, a reapplication pertaining to the same property and requesting the same PUD amendment may not be filed within eighteen (18) months of the date final action was taken on the previous application.

j.

If construction of the PUD district is not started within two (2) years of the date of approval, the board of alderman may consider rezoning the site to its previous classification. The applicant, by showing good cause why he cannot adhere to the proposed timetable may seek an extension of not more than one (1) year at a time. A request for extension shall be submitted in writing to the planning commission.

(8)

Final subdivision plan requirements in a PUD development, which can be done on a lot-by-lot basis if deemed necessary by the office of planning and development:

a.

Scale: The final plan shall be drawn at a scale of one (1) inch equals one hundred (100) feet or a larger scale suitable to the size of development if approved by the office of planning and development. The plat shall be drawn on a sheet twenty (20) by twenty-four (24) inches.

b.

Boundary description, including area, bearings and dimensions of all property lines;

1.

All dimensions shall be accurate to the nearest one-hundredth ( 1/100 ) of a foot, and all angles accurate to within ten (10) seconds.

2.

The boundary lines of each lot shall be determined by accurate survey in the field, and shall be closed as follows:

i.

Urban development: The angular error of closure shall not exceed twenty-five (25) seconds times the square root of the number of angles turned. The linear error of closure shall not exceed one (1) foot per seven thousand five hundred (7,500) feet.

ii.

Rural development: The angular error closure shall not exceed thirty (30) seconds times the square root of the number of angles turned. The linear error of closure shall not exceed one (1) foot per five thousand (5,000) feet.

3.

The final plan shall incorporate the following information:

i.

Scale, north arrow, name of firm or individual responsible for preparation, date of preparation, site location map, acreage and number of lots;

ii.

Name of development project, phase number, name of developer/owner, engineer, section, township and range, zoning district;

iii.

Adjoining subdivisions by name, section and lot number, and the names of owners, parcel acreage and instrument number for all abutting unsubdivided tracts (across the street is construed to mean abutting);

iv.

Name, location, and right-of-way of existing and proposed streets;

v.

Cross section of street improvements with curb, gutter and sidewalks;

vi.

The location, bearing, width, and length of every street centerline, tract boundary, rights-of-way, lot lines, and all existing easements with instrument number and proposed easements with their purpose individually designated;

vii.

Site reserved for parks, playgrounds, schools, or other public uses;

viii.

The tie-in dimension from a boundary line to the centerline of the nearest existing public street, and to nearest section corner;

ix.

Lots numbered in numerical order and common areas lettered in alphabetical order with street names assigned if appropriate and the area of each in square feet;

x.

Accurate location and description of existing monuments and markers, or the location and description of a permanent bench mark set as a part of the subdivision survey;

xi.

Conditions imposed by the planning commission and governing authority;

xii.

The regulatory base flood water surface elevation, FEMA floodway and floodplain boundaries as shown on current FEMA maps;

xiii.

Location/footprint of proposed buildings, including height in stories and feet, floor area ratio, total floor area, and total square feet of ground area coverage;

xiv.

Points of ingress and egress, parking areas, all internal circulation, including bicycle or pedestrian easements/paths;

xv.

The number of off-street parking spaces, and off-street loading area;

xvi.

Landscaping, screening, buffering, and open space areas in accordance with the approved outline plan;

xvii.

A statement of organizational arrangements for the ownership, maintenance and preservation of common open space;

xviii.

On-site drainage retention basins located in accordance with the outline plan, with design approved by the city engineer.

4.

Certification: The following signed certificates shall be provided on the final plat (see subdivision appendix):

i.

Owner's certificate;

ii.

Mortgagee's certificate, if applicable;

iii.

Notary's certificate for all owners and mortgages;

iv.

Engineer's and/or surveyor's certificate and seal;

v.

Planning commission certificate;

vi.

Mayor's city certificate;

vii.

Recording certificate.

5.

Protective covenants: The subdivider may include protective covenants or deed restrictions on the final plan, or recorded by separate instrument and referenced by book and page number on the final plan.

(9)

Scope of review: The planning commission shall consider, but not be limited to, the following factors in review of the final plan:

a.

The provision and location of appropriate access to provide for the safety and efficiency of vehicular and pedestrian traffic both within the development and along adjacent streets;

b.

The provision of sufficient open space, landscaping and buffering to meet the requirements of the outline plan;

c.

The provision of adequate drainage facilities and on-site drainage retention in order to prevent drainage problems from occurring on the subject site or within the community;

d.

The conformance of the site design (location of buildings, parking lots, screening (landscaping), with the approved outline plan;

e.

The existence and/or provision of adequate community facilities to serve the proposed development (i.e., water, sewer, gas, electricity, streets, fire hydrants and site lighting);

f.

Conformance of the final development plan with the approved outline plan, and any other applicable requirements of the zoning ordinance and subdivision regulations;

(10)

Upon approval by the governing authority, the office of planning and development shall record the final plan in the Office of the Chancery Clerk of Desoto County, Mississippi, after the required signatures for recordation have been secured and any contract to provide improvements required in the subdivision regulations has been approved by the city engineer and the mayor of the city. No building permit shall be issued until a final plat of the proposed development, or portion thereof, is approved, filed and recorded. After approval, filing and recording of the plan, a building permit may be issued in accordance with the approved plan.

CHART 3. RESIDENTIAL ZONE DISTRICTS LEGEND

CHART 4. COMMERCIAL ZONE DISTRICTS LEGEND

C is conditional use, S is site plan review (site plans may be formal or administrative per city planner)

Footnotes:

(1)

Adult entertainment including adult arcade, adult bookstores, adult cabaret, adult motion picture theater, massage parlors, bath houses and similar uses under the following conditions:

An adult entertainment business may not locate within one thousand (1,000) feet of:

a.

A church, synagogue or regular place of religious worship;

b.

A public or private elementary or secondary school;

c.

A boundary of any residential zoned district or any residential structure which is occupied as a residence within or without a zoned area;

d.

A public park;

e.

A licensed daycare center;

f.

A library;

g.

Another adult entertainment business;

h.

An adult entertainment business may not be operated in the same building, structure, or portion thereof, containing another adult entertainment business;

i.

For the purpose of this title, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult entertainment business is located, to the nearest property line of the premises of a church, synagogue, regular place of worship, or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot, library or licensed daycare center;

j.

For purposes of item (1)g. above, the distance between any two (2) adult entertainment businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

(2)

Recycling center in a completely enclosed building, is permitted provided there is no shredding, compacting, recycling or any other manufacturing process.

(3)

Asphalt plants, provided that:

a.

The plant is operated in conjunction with and on the same property as a gravel mining operation.

b.

The asphalt processing is conducted no closer than three hundred (300) feet of any adjacent property line, or five hundred (500) feet of any existing residential or commercial structure.

c.

A bond is posted by the party conducting the asphalt processing to guarantee that city roads will be properly cared for and returned to city specifications as required by the city engineer.

d.

All plant discharges must comply with individual environmental standards as determined by the state department of environment quality.

(4)

In the agricultural district: Beauty and barber shops are permitted provided not more than one (1) person is employed, and not more than one (1) sign with a maximum area of four (4) square feet is erected.

(5)

Cabinet shops and woodworking shops are permitted, provided there are no more than five (5) employees and no objectionable noise or other conditions detectable from surrounding properties.

(6)

Commercial guest ranches, hunting and fishing resorts and incidental facilities, including swimming pools, restaurants, incidental retail sales and services, and personal services are permitted, provided they are located on sites containing not less than fifty (50) acres.

(7)

Home occupations:

a.

No person other than members of the family residing on the premises shall be engaged in such occupation.

b.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

c.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation.

d.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off street and other than in a required front yard.

e.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

f.

No wholesale or retail establishment shall be permitted unless it is conducted entirely by mail or telephone and does not involve the receipt, sale, shipment, delivery or storage of merchandise on or from the premises, provided, however, that articles produced by members of the immediate family residing on the premises may be stored upon the premises.

g.

There shall be no storage outside a principal building or accessory structure of equipment or materials used in the home occupation.

h.

The home occupation shall be conducted entirely within the principal residential building or in a private garage accessory thereto.

i.

There shall be no group instruction in connection with the home occupation.

j.

Any person desiring to establish a home occupation must apply for a permit from the office of planning and development.

(8)

In the agricultural and all residential districts hospital sites may not be less than five (5) acres in size and not more than twenty (20) percent of the site area may be occupied by the buildings.

(9)

Veterinary clinics shall not have open kennels on site unless located in an agricultural district.

(10)

In the (O) office district and (RO) residential office district: Small scale research laboratories may not exceed one thousand five hundred (1,500) square feet of floor area nor utilize more than fifteen (15) employees on the job at any one time.

(11)

Machine shop and sheet metal shop with no more than five (5) employees and no objectionable noise or other conditions detectable from surrounding properties.

(12)

Extraction of minerals, including sand and gravel, provided that:

a.

A bond is posted by the party mining such minerals to guarantee the refill of the pit within six (6) months after excavation is completed so all banks have not more than a three (3) to one (1) slope, and to guarantee that city streets will be properly cared for to deter dust and damaged streets will be returned to city specifications within six (6) months after excavation is completed.

b.

No material is extracted within one hundred (100) feet of the centerline of the city street or within fifty (50) feet of any property line.

c.

No washing of gravel is permitted unless a filtration system, approved by the city engineer, is provided to prevent pollution of nearby streams.

d.

No city streets will be used to haul minerals unless permission is granted by the mayor for the use of such road.

(13)

Mini-warehouses/storages under the following conditions:

a.

The site must be no more than five (5) acres.

b.

The minimum distance between buildings shall be twenty-five (25) feet.

c.

One (1) parking space for each fifty (50) compartments must be provided.

d.

All driveways, parking, loading and vehicular circulation areas shall be paved.

e.

A minimum six-foot high fence shall be erected, the composition of which shall be approved by the planning commission at the time of site plan review. A portion of the fifty-foot front yard setback requirement may be waived for fences at the discretion of the planning commission.

f.

Only one (1) sign, meeting the requirements of the sign regulations is allowed.

g.

Only dead storage will be allowed; no transfer and storage business will be allowed.

h.

No explosives, radioactive or other hazardous material will be stored on the premises. Other conditions deemed necessary and appropriate by the planning commission and board of aldermen to uphold the intent of the comprehensive plan may be attached to any approval, including but not limited to lighting, screening, landscaping, architectural design, and live-in managers. Along with the application, the applicants must submit to the planning staff an outline plan showing the proposed buildings in relation to the property, ingress and egress.

(14)

Mobile home parks, provided that a site plan meeting the following criteria is submitted with the application:

a.

Each lot provided for the occupancy of a single trailer or mobile home unit shall have an area of not less than five thousand (5,000) square feet and width of not less than fifty (50) feet. No trailer, structure, addition or appurtenance thereto shall be located less than ten (10) feet from the nearest adjacent lot boundary.

b.

All sewage disposal facilities and water supply facilities must be approved by the state board of health. Regular garbage and refuse pickup service must be provided at each trailer court. Permanent facilities for washing and laundering may be required to meet the state board of health requirements. Adequate stormwater drainage must be provided before occupancy and in a manner not to be objectionable to adjacent property owners. No site subject to flooding shall be approved.

c.

All vehicular road entrances must be approved by the city engineer for safety access. Each trailer site shall abut a hard surfaced driveway, roadway or street of not less than thirty (30) feet in width, which shall have unobstructed access to a public highway or street. Space between trailer may be used for parking of motor vehicles if the space is hard surfaced and clearly designated at least five (5) feet from the nearest adjacent lot boundary. When such off-street parking spaces are provided, the driveway, roadway or street serving the lot shall not be less than twenty-four (24) feet in width. A street plan satisfactory to the governing authority must be approved prior to construction with streets paved and culverts in place before occupancy.

d.

Electrical facilities provided to each lot must meet the National Electrical Code requirements. One (1) streetlight must be provided for each ten (10) trailer lot spaces, or portion thereof within the court.

e.

Each trailer court providing more than four (4) trailer spaces must provide suitable fended playground area of not less than three hundred (300) square feet for each trailer space.

f.

In approving a trailer court site, there may imposed such reasonable requirements as to screening and other features of the development as are deemed necessary to protect adjacent property and prevent objectionable conditions. A fifty-foot landscaped area shall be provided around the entire perimeter of a mobile home park adjacent to any residential dwelling district.

g.

After completion of improvements and prior to opening the mobile home park, a final plat shall be submitted in accordance with procedures outlined in the subdivision regulations. Such plats need not be recorded in the chancery clerk's office but must be approved by the planning commission and the board of alderman and filed in the plat book in the office of planning and development.

h.

Each mobile home shall be provided with anchors and tie-downs such as cast-in-place concrete deadman eyelets imbedded in concrete slabs, screw augers, arrowhead anchors or other devices to be used to stabilize the mobile home.

i.

Skirting shall be provided around the perimeter of each mobile home.

j.

Mobile home parks shall only be allowed in agricultural district.

(15)

Mobile home sales, service, repair and storage facilities including camping trailers, tents, and touring vans, but not including a mobile home park or trailer park and not allowing storage of damaged mobile homes.

(16)

Motor vehicle service and repair. Salvage or junk, and any major repair or storage of equipment or materials or damaged vehicles shall be completely concealed from surrounding properties and no more than five (5) non-compliant vehicles shall be stored on the property at any one (1) time. Fences utilized for this purpose shall be solid and of uniform construction and color and of sufficient height to completely conceal the vehicles. Three (3) non-compliant vehicles may be stored on the property without being concealed for a period not to exceed one hundred twenty (120) days.

(17)

Print shops not exceeding one thousand (1,000) square feet nor three (3) employees on the job at any one (1) time.

(18)

a.

Privately operated outdoor recreational facilities which are allowed as a permitted use, including but not limited to riding stables, lakes, swimming pools, tennis courts, and motor cross, provided they are located on sites containing not less than five (5) acres;

b.

In the agricultural district: Privately operated lakes, swimming pools and tennis courts intended for public use, provided that they are located on sites containing not less than five (5) acres.

(19)

In the office (O) or neighborhood commercial (C-1) districts, retail shops, sales and services such as bookstore, florist shop, photographer's studio and similar uses as accessories to office uses with a maximum floor area not to exceed two thousand five hundred (2,500) square feet per use.

(20)

Wrecker services and temporary storage of non-compliant cars, provided:

a.

There are no more than twelve (12) non-compliant cars on the property at any one (1) time, with no more than three (3) within view from surrounding property.

b.

Fences used to conceal non-compliant cars shall be solid and of uniform construction and color and of sufficient height to completely conceal the vehicles from view.

c.

Vehicles shall only be stored temporarily and no parts shall be removed or salvaged.

(21)

All boarding houses must have a minimum of one hundred fifty (150) square feet of bedroom space per occupant, adequate parking, and, if in a residential zone, maintenance of the residential appearance of the facility.

(22)

Office are permitted, but not single use developments, which can be located in other zoning classifications.

(23)

A restaurant or cafeteria is permitted as an accessory use within a building in a planned business park and is primarily intended to serve employees and visitors of the park.

(24)

A commercial retail establishments, not exceeding five thousand (5,000) square feet is permitted as an accessory use in a planned business park and is primarily intended to serve employees and visitors of the park.

(25)

A bank or similar financial institution is permitted as an accessory use within a building in a planned business park and is primarily intended to serve employees and visitors of the park.

(26)

A daycare center is permitted subject to the following standards:

a.

The property is located on a collector street, major road, minor street, or private drive that serves only nonresidential uses or zoning district, or on a minor street within one hundred (100) feet of an intersecting major street.

b.

Screening of the play and parking areas from adjacent properties may be required.

c.

The maximum number of children to be accommodated on a site shall be specified.

d.

The following minimum areas shall be provided per child:

1.

Thirty (30) square feet of indoor play area, exclusive of restrooms, hallways, kitchen or office space;

2.

Thirty (30) square feet of indoor rest area;

3.

Fifty (50) square feet of useable outdoor play area.

e.

State and local health, education, and/or fire regulations may reduce but shall not increase the number of students permitted to be enrolled.

(27)

Warehouses, but not single use developments which can be located in other zoning classifications, and not including dead vehicle storage, trucking companies and moving storage companies.

(28)

Development standards for new automobile dealerships include the following:

a.

A minimum lot size of two (2) acres;

b.

All service and repair functions must be indoors;

c.

All service and repair functions must be at least one hundred (100) feet from any residential zones;

d.

Elevated display of vehicles must not exceed three (3) feet in height.

e.

Lot area must be paved;

f.

There shall be a twenty-foot landscape setback adjoining any arterial street; and

g.

Parking barriers shall be constructed of concrete or metal and installed to insure no portion of vehicles extend over the public right-of-way.

(29)

Development standards for used automobile dealerships include the following:

a.

Must be located on a site having frontage on a major thoroughfare of not less than one hundred fifty (150) feet;

b.

A minimum lot size of two (2) acres;

c.

Any permitted mechanical repair work or body work must meet applicable city codes and shall be conducted within a sight proof enclosure;

d.

Any permitted mechanical repair work or body work must meet applicable city codes and shall be at least one hundred (100) feet from any residential zone;

e.

Elevated display of vehicles must not exceed three (3) feet in height;

f.

Lot area must be paved;

g.

There shall be a twenty-foot landscape setback adjoining any arterial street; and

h.

Parking barriers shall be constructed of concrete or metal and installed to insure no portion of vehicles extend over the public right-of-way.

(30)

Any property used a for bed and breakfast facility shall include the following requirements:

a.

The bed and breakfast must be operated by the record owner of the subject property who is also a resident of the subject property;

b.

For the purpose of this section, to qualify as a resident, the person must use that property as their legal voting address, driver's license address, and must actually reside on the property for one hundred eighty (180) days of the year;

c.

Provide at least one (1) off-street maneuverable parking space on the property for the bed and breakfast use, in addition to providing on the property, required off-street parking for existing uses;

d.

Be incidental to the principal residential use of the property;

e.

Must comply with sign regulations for residential zoning;

f.

Not create the need for exterior alterations to any building for the purpose of maintaining such accessory use;

g.

No meals other than breakfast may be served by the resident owner to the paying guests;

h.

The resident owner shall keep a current guest register including names, addresses and dates of occupancy;

i.

Upon a change of ownership of a property, and prior to the issuance of a new business license, the new property owner shall be required to reaffirm compliance of the bed and breakfast use with the office of planning and development.

(31)

Any retail facility utilizing space for outdoor sale or storage shall include the following requirements:

a.

No more than ten (10) percent of the parking stalls required for the structure be utilized for display or storage.

b.

Such merchandise are displayed or stored in areas designed for permanent storage or display;

c.

No merchandise shall be displayed or stored on any sidewalks, walkways, or other pedestrian ways;

d.

All required setbacks for the building shall be met for the storage and display areas;

e.

A physical barrier of landscaping, berm or fence must restrict access to the storage or display areas.

f.

For those retail establishments who are nonconforming, an amortization period of two (2) years shall be granted to allow these establishments to come into compliance.

(32)

Garage sales limited to two (2) days per month and a total of five (5) days per year. Any part of any calendar day shall count as one (1) day.

(33)

Urban banks, cash advance and/or cash for titles and other non-FDIC regulated check cashing businesses shall only be allowed in the light (M-1) and heavy (M-2) industrial zoning districts. All such businesses currently operating in any commercial zoning district shall be considered non-compliant but shall remain in operation until such time as there is a change in ownership or if at any time the business closes, at which time, said business shall be eliminated.

(34)

Outdoor sale tents/canopies are limited to one (1) thirty-day period per year and shall be granted by application process through the office of planning and development. Any part of any calendar day shall count as one (1) day.

(35)

Veterinarian clinics must not have open or outdoor kennels.

(36)

A retail strip (4—8) is defined as a building being utilized by more than three (3) separate tenants and no more than eight (8) tenants, which are located in separate suites of the same building.

(37)

A 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.

(38)

New car dealerships may located in C-4 zones only in the Highway 51 and Main Street district of the city as defined in this title.

(39)

Lounges, bars, taverns and similar establishments allowed in C-4 and C-3 zones of the city shall not be permitted in the Highway 51 and Main Street district of the city as defined in this title.

(40)

Public address systems or outdoor speaker systems should reference the regulations set forth in chapter 2 of the Code of Ordinances referring to noise control. Existing public address systems will have a twelve-month period from the adoption of this title to remove the systems, which are deemed non-compliant with this title.

(41)

A retail strip (8—12) is defined as a building being utilized by more than seven (7) tenants and no more than twelve (12) tenants, which are located in separate suites of the same building. At no time shall a retail strip allow more than twelve (12) tenants.

(42)

Carnivals in any zoning district must have special permission from the City of Southaven's Mayor's Office and must be utilized as a special event.

(43)

A maximum of two (2) barber shops, hair/beauty salons, hair studios, spa (full-service), hair braiding establishments and wigology establishments may locate in the stated zones with the stated requirements so long as two (2) existing establishments of the same classification are not currently located within a half-mile radius of the newly proposed establishment. The distance shall be determined via driving measurements on city right of way or approved and installed private drive in linear footage (½ mile = 2,640 linear feet).

(44)

Salon full-service (refer to the definition at the beginning of this title).

(45)

Wigology refers to the braiding or designing of hairstyles without certified stylist and without washing stations or dryers under traditional beauty shops designation.

(46)

Residential retirement communities must be in compliance with all federal and state statutes concerning age limitation.

(47)

Party and reception halls refers to a permanent building utilized for special events including but not limited to wedding receptions and birthday parties.

(48)

Convenience stores shall be reviewed under conditional use conditions which will include but not be limited to a requirement that the site is considered a hard corner, at a lighted intersection and there will be a maximum number of two (2) stores per intersection.

(49)

In addition to all other City of Southaven requirements for conditional use permits as set forth in Title XIII Chapter 9, Hotels submitting to the City of Southaven for conditional use permit must also provide the following documentation for consideration by the City Planning Commission and City Board of Alderman:

a.

Identification on the most recent STR Chain Scale; and

b.

Feasibility market study from a nationally recognized company identifying the market needs for the immediate area of the proposed hotel location within Southaven. This study shall not include the metro Memphis area or the overall Desoto County limits; and

c.

If a conditional use permit is approved by the city board of alderman, the conditional use permit shall be valid for an initial two (2) year period. If at the end of the two (2) years, the proposed hotel is not under construction, then the conditional permit shall be voided and formal application to the planning commission and the board of alderman will be required.

(50)

A smoke shop/vape store/head shop establishment may locate in the stated zones with the stated requirements so long as there is not an existing establishment of the same classification are not currently located within a half-mile radius of the newly proposed establishment. The distance shall be determined via driving measurements on city right-of-way or approved and installed private drive-in linear footage (½ mile = 2,640 linear feet).

Footnotes:

(1)

In the C-3, C-4 and M districts, buildings may be erected to ten (10) stories or one hundred twenty (120) feet provided that any building that exceeds thirty-five (35) feet in height shall be set back from all required yard lines one (1) foot for each foot the building exceeds thirty-five (35) feet in height.

(2)

Height limitations shall not apply to:

a.

Chimneys, church steeples, cooling towers, elevator bulkheads, radio, television and microwave towers, antennas, fire towers, monuments, stage towers, scenery lofts, water tanks, silos, grain elevators, farm buildings, and necessary mechanical appurtenances.

b.

Storage buildings are exempt from the story limitation, but not the number of feet limitation.

c.

If a public building, church, temple, hospital, institution, or school is set back an additional distance over yards required for the zone district in which it is located, it may be increased in height one (1) foot over the height limit of thirty-five (35) feet for each foot of additional setback.

(3)

On double frontage lots and corner lots, the required front yards shall be provided on both streets.

(4)

The sum of all required side yards shall be a minimum of twenty (20) feet.

(5)

The sum of all required side yards shall be a minimum of fifteen (15) feet.

(6)

The sum of all required side yards shall be a minimum of ten (10) feet.

(7)

The sum of all required side yards shall be a minimum of eight (8) feet.

(8)

On a lot abutting a residential district there shall be the same side yard as required in the residential district. No building shall be located nearer than fifty (50) feet to a road right-of-way.

(9)

In the A agricultural district there may be more than one (1) residential structure on a lot, provided that:

a.

The structures are situated on the property such that all requirements of an actual subdivided lot are met;

b.

All property and all structures thereon are vested in single ownership.

(10)

Other requirements:

(a)

In the R-6, RM-8, RM-6, O, C and M districts, there may be two (2) or more related buildings on a lot, provided that the required yards are maintained around the group of buildings, and buildings that are parallel or that are within forty-five (45) degrees of being parallel are separated by a horizontal distance that is equal to the height of the highest building.

(b)

Those parts of existing buildings that violate yard height regulations may be repaired and remodeled but not reconstructed or structurally altered.

(c)

Front yards in all districts shall remain open to the sky and unobstructed from the ground upward except for the projections from buildings permitted by this title.

(d)

When the street upon which a lot fronts has an existing right-of-way less than that designated on the major thoroughfare plan and has been designated a major arterial street in the major thoroughfare plan, consultation shall be made with the engineer to determine the building setback line, so as to take into consideration the proposed right-of-way of the major street.

(e)

Where R-6, RM-8, RM-6, commercial or industrial uses adjoin single-family residential zoned property, prior to the issuance of a building permit, a screening barrier will be erected by the developer of the R-3, R-4, commercial or industrial property which separates the adjoining yards and adequately screens the single-family residential uses from any noise, commercial or industrial use. Refer to plates and bufferyard requirements for guidelines on screening between single-family and multiple-family, commercial and industrial uses.

(11)

The following exceptions may be made to the yard requirements:

a.

On lots of record which do not meet the minimum width requirements, the side yard may be reduced to ten (10) percent of the lot width but not less than three (3) feet.

b.

Sills, belt course, cornices and ornamental features may project a maximum of two (2) feet into a required yard.

c.

Open fire escapes, fire-proof outside stairways and balconies opening upon fire towers and the ordinary projections of chimneys into a rear yard for a distance of not more than three and one-half (3½) feet when so placed as to not obstruct light and ventilation may be permitted by the building official.

d.

Terraces or patios which are uncovered and not above the level of the first floor may project into a required yard, provided these projections be distant at least two (2) feet from the adjacent lot line.

e.

Where a garage is entered from an alley, it must be a minimum of three (3) feet from the alley line.

f.

Filling station gasoline pumps and service islands must be set back a minimum of thirty-five (35) feet from the street right-of-way line. The front edge of a service station canopy sheltering service islands must be set back a minimum of twenty (20) feet from the street right-of-way line.

g.

The use of any yard area for the accumulation of used, discarded, or worn out materials or manufactured products which may or may not be reusable or salable is expressly prohibited. Likewise, junk cars as defined herein are expressly prohibited from being located in any yard areas.

(12)

The lot area requirements listed below apply in all districts where both water and sewer service are not adjacent to the lot:

a.

In subdivisions have three (3) lots or less, with central water, one (1) acre;

b.

In all other subdivisions: one and one-half (1½) acres;

c.

The depth and width of yards and lots for the districts shown on the chart of regulations will apply.

(13)

Rear yard requirement shall not include any required planting screen, if abutting single-family residential zone.

(14)

A minor variance to this figure may be granted for developments subject to site plan review. A more substantial variance may be made for institutional uses in residential districts subject to site plan review.

(15)

The purpose of the R-9 district is to protect existing neighborhoods formerly zoned "R-2" single-family residential.

(Res. of 3-16-10(3); Res. of 8-7-12(2); Res. of 6-5-18(3); Res. of 6-2-20(1); Res. of 8-4-20(1); Res. of 3-22-22(1); Res. of 2-7-23(1); Res. of 4-18-23(1); Res. of 7-17-24(1), §§ 2, 3; Res. of 5-6-25(1))