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Starkville City Zoning Code

SECTION 13

Use Standards

13.1 Establishment Of A Table Of Uses

The uses permitted in each zoning district are established in the Use Chart (sec. 13.3.6).

13.2 Determination Of Use Category

The City Planner shall make a determination as to whether or not any proposed use is permitted based on the Use Chart. Any proposed use that cannot be classified and/or is not listed as a use on the Use Chart, shall be reviewed as a special exception.

13.3 Use Chart

Uses on the chart are noted as one (1) of the following:

13.4 Use Standards

The following section provides definitions, parking standards, loading standards, and additional standards for uses noted in Use Chart in Section 13.3.6.

2023-03

2023-01

2024-06

13.3.1 Permitted Uses (P)

Shall be required to meet the use standards for that use and zoning district.

13.3.2 Additional Standards (A)

Shall apply to any permitted use with additional standards listed for that use. Uses with additional standards shall be required to meet the use standards and additional standards. Additional standards associated with a use shall be adhered to as a part of the approval of a Special Exception or Use Exception, unless specifically removed as a condition of approval.

13.3.3 Use Exception (UE)

Shall apply to any proposed use that does not require the construction of a new building or major modification to an existing building or site. If site plan approval is required by the Development Review Committee, it shall be classified as a major modification. Use exceptions shall be required to meet the additional standards of the use regulations and/or have conditions placed on the approval of the use exception.

13.3.4 Special Exception (SE)

Shall apply to any proposed use that requires the construction of a new building or major modification of an existing building or site. A major modification will be determined by the requirement to obtain site plan approval by the Development Review Committee. Special exceptions shall be required to meet the additional standards of the use regulations and/or have conditions placed on the approval of the special exception.

13.3.5 Use Not Permitted (--)

Shall apply to any use that is not permitted in that zoning district. Uses not permitted are not allowed to apply for a use or special exception.

13.3.6 Use Chart


  1. Legend
    1. P = Permitted Use
    2. A= Permitted Use with Additional Standards
    3. UE = Use Exception
    4. SE = Special Exception
    5. -- = Use Not Permitted
  2. Any use not listed on the chart will be reviewed as a Use Exception (Section 3.5) or Special Exception (Section 3.4) as determined by the City Planner.

13.5.1 Dwelling, Detached

  1. Definition: A residential structure containing one (1) dwelling unit that is not attached to any other dwelling by any means.
  2. Parking:
    1. One (1) parking space per bedroom for all new construction.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading: Loading/unloading areas accommodating delivery of materials to and from the premises are not permitted or required.
  4. Additional Standards:
    1. See zoning district general provisions for density requirements and other standards.
    2. See zoning district base dimensional standards for location, setbacks, and height requirements.
    3. If approved by Special Exception to be located within a C (Commercial) or CN (Commercial Neighborhood) zoning district, the dimensional standards and development standards shall be determined as part of the Special Exception approval.

13.5.2 Dwelling, Accessory Unit

  1. Definition: A residential structure containing one (1) dwelling unit that is auxiliary to the principal dwelling unit(s) on the same lot and that have an independent means of entry into the dwelling unit. This includes, but is not limited to dwelling units in guest houses, pool houses, carriage houses, and garage apartments above or beside a garage. An accessory structure shall be considered an accessory dwelling if it includes all of the following: kitchen area, full bathroom, electricity, and is heated or cooled.
  2. Parking: One (1) parking space per bedroom for all new construction.
  3. Loading: Loading/unloading areas accommodating delivery of materials to and from the premises are not permitted or required.
  4. Additional Standards:
    1. An accessory dwelling unit footprint cannot exceed fifty percent (50%) of the footprint of the principal dwelling or six hundred (600) square feet, whichever is less.
    2. There can be no more than two (2) bedrooms per accessory dwelling unit and only one (1) accessory dwelling unit per lot.
    3. An accessory dwelling unit must be a complete living space with both kitchen and bathroom facilities.
    4. No more than two adults may reside in an accessory dwelling unit.
    5. The design of the accessory dwelling unit shall be in harmony with the principal dwelling in regards to massing, materials, and location.
    6. A home occupation is allowed within an accessory dwelling with proper approvals.
    7. See zoning district general provisions for density requirements and other standards.
    8. See zoning district base dimensional standards for location, setbacks, and height requirements.

13.5.3 Dwelling, Attached Duplex

  1. Definition: A residential structure containing two dwelling units within one (1) structure that are either vertically or horizontally integrated.
  2. Parking:
    1. One (1) parking space per bedroom for all new construction.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading: Loading/unloading areas accommodating delivery of materials to and from the premises are not permitted or required.
  4. Additional Standards:
    1. Duplexes must have an architectural appearance and massing like a large single unit home common to the neighborhood in which they are located.
    2. For proposed new developments in the traditional neighborhood-new zoning district, up to fifteen percent (15%) of proposed building types may be attached duplexes.
    3. The main entrance to a duplex shall be accessed directly from and face the street. Each ground floor unit must be accessed through a single main entrance except in TN-N districts. Second story units may be accessed through the main entrance or by an exterior stairway that does not face a public street. Duplexes on corner lots shall be designed so that each side facing the public street is a front facade.
    4. In districts where a special exception is required, a maximum of three (3) bedrooms per unit is allowed unless a fourth (4th) bedroom is approved as part of the special exception application. A maximum of four (4) bedrooms per unit is allowed in all zoning districts where permitted.
    5. See zoning district general provisions for density requirements and other standards.
    6. See zoning district base dimensional standards for location, setbacks, and height requirements.

13.5.4 Dwelling, Attached Triplex

  1. Definition: A residential structure containing three (3) dwelling units within one (1) structure that may be vertically or horizontally integrated.
  2. Parking:
    1. In form-based districts one (1) parking space per bedroom is required. In all other zoning districts one and a quarter (1.25) parking space per bedroom is required for all new construction.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading: Loading/unloading areas accommodating delivery of materials to and from the premises are not permitted or required.
  4. Additional Standards:
    1. If located in or adjacent to an existing neighborhood of detached houses, triplexes must have an architectural appearance and massing like a large single unit home common to the neighborhood in which they are located or adjacent to.
    2. The main entrance to each ground floor unit of a triplex adjacent to a street shall be accessed directly from and face the street. Each ground floor unit must be accessed through a single main entrance. Second story units may be accessed through the main entrance by an internal stairway or by an exterior stairway that is not visible from a public street not to include an alley. Triplexes on corner lots shall be designed so that each side facing the public street is a front facade.
    3. No more than two (2) dwelling units in such a triplex may be at ground level.
    4. In districts where a special exception is required, a maximum of three (3) bedrooms per unit is allowed unless a 4th bedroom is approved as part of the special exception application. A maximum of four (4) bedrooms per unit is allowed in all zoning districts where permitted.
    5. See zoning district general provisions for density requirements and other standards.
    6. See zoning district base dimensional standards for location, setbacks, and height requirements.

13.5.5 Dwelling, Townhouse/Rowhouse

  1. Definition: A residential structure containing three (3) to six (6) dwelling units that is attached, usually via a common vertical side wall, to one (1) or more dwelling units of similar construction.
  2. Parking:
    1. In form-based districts one (1) parking space per bedroom is required. In all other zoning districts one and a quarter (1.25) parking spaces per bedroom is required for all new construction.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading: Loading/unloading areas accommodating delivery of materials to and from the premises are not permitted or required.
  4. Additional Standards:
    1. If located in or adjacent to an existing neighborhood of detached houses, townhouses shall be architecturally harmonious with the surrounding neighborhood in regards to massing, materials, fenestration, and scale.
    2. The main entrance to each unit of a townhouse adjacent to a street shall be accessed directly from and face the primary street. Townhouses on corner lots shall be designed so that each side facing the public street is a front facade.
    3. Townhouses shall have no more than six (6) contiguous attached units built in one (1) structure, unless the use is part of a special exception in which case only a maximum of four (4) contiguous attached units built in one (1) structure.
    4. Townhouses are not permitted to have accessory dwellings.
    5. In districts where a special exception is required, a maximum of three (3) bedrooms per unit is allowed unless a fourth (4th) bedroom is approved as part of the special exception application. A maximum of four (4) bedrooms per unit is allowed in all zoning districts where permitted.
    6. See zoning district general provisions for density requirements and other standards.
    7. See zoning district base dimensional standards for location, setbacks, and height requirements.

13.5.6 Dwelling, Multiplex

  1. Definition: A residential structure containing four (4) to ten (10) dwelling units that are vertically or horizontally integrated with a maximum of one (1) shared entry visible along the primary street frontage.
  2. Parking:
    1. In form-based districts one (1) parking space per bedroom is required. In all other zoning districts one and a quarter (1.25) parking space per bedroom is required for all new construction.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading: Loading/unloading areas accommodating delivery of materials to and from the premises are not permitted or required.
  4. Additional Standards:
    1. If located in or adjacent to an existing neighborhood of detached houses, multiplex buildings shall be architecturally harmonious with the surrounding neighborhood in regards to massing, materials, fenestration, and scale.
    2. The main entrance to a multiplex adjacent to a street shall be accessed directly from and face the primary street. Each ground floor unit must be accessed through a single main entrance. Upper story units may be accessed through the main entrance by an internal stairway or by an exterior stairway that is not visible from a public street not to include an alley. Multiplex buildings on corner lots shall be designed so that each side facing the public street is a front facade.
    3. A special exception shall be required for a multiplex if more than twenty-five percent (25%) of the proposed units have four (4) or more bedrooms.
    4. See zoning district general provisions for density requirements and other standards.
    5. See zoning district base dimensional standards for location, setbacks, and height requirements.

13.5.7 Dwelling, Apartment

  1. Definition: A residential structure containing eleven (11) or more dwelling units that are vertically or horizontally integrated.
  2. Parking:
    1. One and a quarter (1.25) parking spaces per bedroom for all new construction.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading: Loading/unloading areas accommodating delivery of materials to and from the premises are not permitted or required.
  4. Additional Standards:
    1. If located in or adjacent to an existing neighborhood of detached houses, apartment buildings shall be architecturally harmonious with the surrounding neighborhood in regards to massing, materials, fenestration, and scale.
    2. The main entrance of an apartment building adjacent to a street shall be accessed directly from and face the street. Apartments on corner lots shall be designed so that each side facing the public street is a front facade.
    3. In a C and CN zoning district, the following commercial uses shall be allowed on the ground floor of any apartment building adjacent to public right of way: offices-medical, offices-professional, retail sales and services inside only, eating and drinking establishments, and studios.
    4. A special exception shall be required for an apartment building if more than twenty-five percent (25%) of the proposed units have four (4) or more bedrooms.
    5. Apartment developments in CN, C, and O zoning districts are subject to the density restriction of twenty (20) units per acre and a maximum of sixty (60) bedrooms per acre.
    6. See zoning district general provisions for density requirements and other standards.
    7. See zoning district base dimensional standards for location, setbacks, and height requirements.

13.5.8 Dwelling, Manufactured And Modular Home

  1. Definition:
    1. Manufactured home- A factory-built single-unit structure that is manufactured under the authority of 42 U.S.C., Sec. 5401, the National Federal Manufactured Home Construction and Safety Standards Act, is transportable in two (2) or more sections, is built on a permanent chassis, and is used as a place of human habitation; but which is not constructed with a permanent non- removable hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have non- removable wheels or hitch-axles, permanently attached to its body or frame. Manufactured homes shall not include travel trailers, camper trailers, campers, self-contained motor homes, or camper buses. A mobile home shall be defined as a residential dwelling that was fabricated in an off-site manufacturing facility, designed to be a permanent residence, and built prior to enactment of the Federal Manufactured Home Construction and Safety Standards. Mobile homes shall not be placed or moved to another lot within the city limits of Starkville. Manufactured homes with more than one (1) unit within one (1) structure are not permitted in any zoning district.
    2. Modular home- A dwelling built and delivered to a site in two (2) or more sections, meeting City’s current adopted building codes when connected to the required utilities.
  2. Parking:
    1. One (1) parking space per bedroom for all newly placed manufactured or modular home.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading: Loading/unloading areas accommodating delivery of materials to and from the premises are not permitted or required.
  4. Additional Standards:
    1. Homes shall be anchored according to International Building Code requirements.
    2. Homes shall bear the FMHCCS Label or Seal of Compliance.
    3. Homes shall have horizontal siding. At a minimum, the exterior siding shall consist predominantly of vinyl or aluminum lap siding whose reflectivity does not exceed that of flat white paint, wood or hardboard, comparable in composition, appearance, and durability to the exterior siding commonly used in standard residential construction.
    4. Homes shall have a minimum of a 3/12 roof pitch with asphalt shingles.
    5. All homes shall be placed on the lot in harmony with the existing site-built structures. Where no neighboring structures are available for comparison, it shall be sited with the front running parallel to the street providing access to the site.
    6. The towing tongue, wheels, and hitch-axle shall be removed upon final placement of the unit.
    7. All manufactured homes shall be placed on permanent masonry foundations with appropriate screening of the foundations. The foundation shall not be visible from the street or adjacent properties.
    8. All manufactured homes shall have either a deck or porch with steps at each entrance constructed and installed in accordance with the standards set forth by the International Building Code. The minimum square footage of the floor of such porch or deck shall measure at least thirty-six (36) square feet.
    9. No manufactured and modular home more than ten (10) years old may be relocated or moved onto any lot within the city limits of Starkville.
    10. See zoning district general provisions for density requirements and other standards.
    11. See zoning district base dimensional standards for location, setback, and height requirements.

13.5.9 Home Occupations

  1. Definition: Any occupation or profession, craft or trade, carried on by a person residing on the premises of a residential dwelling that is clearly incidental and secondary to the use of the residential dwelling, which does not change the character of the dwelling or neighborhood, and which brings little additional traffic and few visitors to the premise.
  2. Parking:
    1. Off-street parking for customers shall not exceed one (1) space.
    2. Vehicles used in connection with the home occupation shall not be parked overnight on a right-of-way.
    3. Outside employees shall not be parked on the right-of-way.
  3. Loading:
    1. Delivery of materials to and from the premises shall not involve the use or increased frequency of vehicles not normally experienced in residential areas.
    2. A designated loading area shall not be constructed or added for a home occupation.
  4. Additional Standards:
    1. Home occupations must be clearly incidental and secondary to the residential use of the structure.
    2. There shall be no external evidence of the home occupation and it shall not change the residential character of the building.
    3. Home occupations must not use over twenty percent (20%) of the principal building, but can be located within an approved accessory dwelling unit, but not to exceed six hundred (600) square feet of the accessory dwelling unit.
    4. All on-site employees associated with a home occupation shall reside within the principal dwelling or the accessory dwelling.
    5. No more than two (2) outside employees shall be on site at any one time.
    6. Customer and client contact shall be primarily by means other than visits to the premises, and if visits by customers are required, they shall be by appointment only with a maximum of five (5) persons at any one time.
    7. Home occupations must not cause the outdoor storage of materials, supplies, or equipment used in providing the service or a product of the service of the home occupation.
    8. Home occupations must not have an outside display of merchandise being produced, sold, or stored.
    9. The home occupation shall not use mechanical, electrical, or other equipment which produces noise, electrical or magnetic interference, dust, vibration, heat, glare, or other nuisances.

13.5.10 Mixed-Use Building

  1. Definition: A multi-story building constructed to accommodate an allowed commercial use on the ground floor and different allowed commercial and residential uses on the upper floors.
  2. Parking: As determined by the proposed uses.
  3. Loading: None.
    1. Loading docks shall not be visible from the street.
    2. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way unless in a T-5D, T-5C, and T-5U zoning districts. Deliveries shall be scheduled to not interfere with peak traffic times.
  4. Additional Standards:
    1. The main entrance of each ground floor commercial unit or allowed residential unit of a mixed-use building adjacent to a street shall be accessed directly from and face the street.
    2. Upper story units may be accessed internally through a main entrance facing the street or by an exterior stairway and walkway that does not face a public street.
    3. Mixed-use buildings on corner lots shall be designed so that each side facing the public street is a front facade.
    4. Residential uses on the first floor shall be controlled by the residential first floor use standards per zoning district.
    5. See zoning district general provisions for density requirements and other standards.
    6. See zoning district base dimensional standards for location, setbacks, and height requirements.

13.5.11 Residential First Floor

  1. Definition: Any residential use on the first (1st) floor of a building adjacent to the primary street.
  2. Parking:
    1. In form-based districts, one (1) parking space per bedroom is required. In all other zoning districts, one and a quarter (1.25) parking spaces per bedroom are required for all new construction.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading: Loading/unloading areas accommodating delivery of materials to and from the premises are not permitted or required.
  4. Additional Standards:
    1. In T-5C, T-5U, and TND residential uses shall not be placed on the first (1st) floor corner of any building adjacent to a street. Residential uses on the first floor of any secondary building adjacent to a secondary street on a corner lot may be permitted to have residential on the first (1st) floor if approved by either the City Planner or by Special Exception.
    2. In T-5C, T-5U, and TND zoning districts, All residential units adjacent to the primary street, if permitted, shall face and be accessed from the primary street. Shared entrances can only be used for up to two (2) ground floor units on the first (1st) floor.

13.6.1 Assisted Living Facility

  1. Definition: A type of housing and limited care facility that is designed for senior citizens or those with physical or mental disabilities who need some assistance with daily activities but do not require full-time care.
  2. Parking:
    1. One (1) space is required for every two (2) employees plus one (1) visitor space for each four (4) beds.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. Loading docks, if provided, shall not be visible from the street.
    2. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. The lot size for an assisted living facility shall be a minimum of three (3) acres.
    2. If located within a residential zoning district, the Section 7 Commercial Use Districts dimensional standards CN (Commercial Neighborhood) and Section 14 Development Standards for CN (Commercial Neighborhood) shall be followed.

13.6.2 Care Center

  1. Definition: A place meeting all state requirements which provides shelter and personal care for five or more persons regardless of age for any part of the twenty- four (24) hour day but not to exceed twelve and a half (12 ½) hours in a day, whether such place be organized or operated for profit or not. This shall include daycares, child or adult care centers, and any other facility that fits within the scope of the definition regardless of ownership. Excluded from this definition is any facility operating as a kindergarten, nursery school, or Head Start in conjunction with an elementary or secondary school system, whether it is public, private, or parochial, whose primary purpose is a structured school readiness program. Also excluded is any medical care facility such as a hospital, convalescent home, nursing home, rehabilitation center, regulated group home, or group care facility.
  2. Parking:
    1. One (1) space is required for each employee, and one (1) space for each five (5) enrolled persons at maximum capacity.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading: Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. Drop-off and pick-up areas must be shown on a site plan and approved by the Development Review Committee.
    2. Space requirements shall be as stipulated by the Mississippi State Board of Health and the International Building Code, or other appropriate state or federal agency.
    3. Outdoor play and recreation areas shall be located behind the front building line in the rear yard or side yard only. A four (4) foot high fence with a secure gate shall be provided around any outdoor play and recreation area. Fences adjacent to a public street shall be opaque and fully screen the play and recreation area.
    4. Outdoor activities are limited to the hours of 8:00 a.m. to 8:00 p.m.

13.6.3 Care Home

  1. Definition: An owner or tenant occupied private residence meeting all state requirements for the care of up to four persons which provides shelter and personal care regardless of age for any part of the twenty-four (24) hour day but for whom are not permanent residents. The primary caregiver shall live in the residence.
  2. Parking:
    1. In addition to providing for one (1) parking space for each bedroom, a maximum of one (1) additional space may be provided for customers.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading: Drop-off and pick-up areas must be approved as part of the permitting process.
  4. Additional Standards:
    1. The owner of a Care Home must reside in the home. If the operator of the care home is not the property owner, a signed letter of authorization from the property owner shall be required.
    2. The use shall be clearly incidental to the residential use of the dwelling and must not change the essential residential character of the dwelling. All building and lot standards for residential dwellings shall be maintained.
    3. A care home shall be staffed by persons residing in the dwelling in which the care is located except that up to one (1) non-resident may report to work at the home.
    4. The care home shall be in a structure originally constructed as and designed for a residential use which shall remain the principal use on the lot. The structure shall not be altered in any manner which diminishes its value as a residential dwelling or which changes its exterior residential character.

13.6.4 Cemetery

  1. Definition: A tract of land, private or public, divided into plots for the interment of deceased humans in compliance with applicable state statutes; which may or may not include a columbarium. A Columbarium is a building or structure for the interment of cremated remains.
  2. Parking: Not required
  3. Loading: Not required
  4. Additional Standards: None.

13.6.5 Community And Civic Associations

  1. Definition: Community serving organizations, headquarters, and meeting facilities for organizations operating on a membership, non-profit, and for profit basis for the promotion of the interests of the members and/or the community, including but not limited to facilities for: business associations, civic, social organizations, public service organizations, political organizations, professional membership organizations, and other membership organizations, labor unions and educational facilities.
  2. Parking:
    1. In form-based districts no parking minimums are established. In all other zoning districts one (1) space per two hundred and fifty (250) square feet of floor area is required.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. A loading space may be required by the City Planner.
    2. Loading docks shall not be visible from the street.
    3. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way except in T-5D, T-5C, and T-5U zoning districts. Deliveries in T-5D, T-5C, and T-5U zoning districts shall be scheduled to not interfere with peak traffic times.
  4. Additional Standards:
    1. For existing buildings at the time of the adoption of the code located in a TN- E, a community and civic association use shall be allowed if approved Board of Aldermen as a use exception or special exception within the existing building(s). Any expansion of the existing building shall be approved as part of a special exception request. Any additional parking shall not be located within the front yard.
    2. For new buildings in a T-4, TN-N, and TN-E zoning district, the maximum square footage shall be limited to fifteen hundred (1,500) square feet unless additional square footage is approved as part of a special exception request. Setbacks shall comply with the residential infill standards for the zoning district and parking shall not be located in the front yard.
    3. If located within a residential zoning district, the Section 7 Commercial Use Districts dimensional standards CN (Commercial Neighborhood) and Section 14 Development Standards for CN (Commercial Neighborhood) shall be followed.

13.6.6 Convalescent, Rest, And Nursing Homes

  1. Definition: A health facility where persons are housed and furnished with medical and/or nursing care for short or long stays.
  2. Parking:
    1. Parking shall be provided at a rate of one (1) space for each four (4) beds plus one (1) space for each employee on a shift.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. A loading space may be required by the City Planner
    2. Loading docks shall not be visible from the street.
    3. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. Facilities in the TN-N and O districts shall accommodate no more than fifty (50) residents.
    2. Facilities in the TN-N and O districts shall be architecturally harmonious with the surrounding neighborhood in regards to massing, materials, fenestration, and scale.
    3. The main entrance to buildings adjacent to a street shall be accessed directly from and face the street.
    4. Facilities must provide a separate entry for patients being delivered by ambulance in addition to the main entry to the facility.
    5. The facility shall have a minimum lot size of three (3) acres.
    6. If located within a residential zoning district, the Section 7 Commercial Use Districts dimensional standards CN (Commercial Neighborhood) and Section 14 Development Standards for CN (Commercial Neighborhood) shall be followed.

13.6.7 Educational Facilities

  1. Definition:
    1. Preschool through High School: A public or private institution (for profit or non-profit) at which persons are instructed in the specifics of learning; for the purposes of this code including preschool through grade twelve (12).
    2. Post-Secondary School: A public or private institution (for profit or non-profit), college, university, business or trade school that offers education beyond grade twelve (12).
  2. Parking:
    1. Preschools Schools, Kindergartens, Elementary Schools, and Middle Schools: One and one-half (1.5) parking spaces are required for every classroom and one (1) space for each faculty and staff member, and bus and activity vehicle parking as needed. One (1) parking space for each six (6) fixed seats (if provided) is required in any auditorium, gymnasium or other facility for public assembly, whichever is greater, to accommodate student and parent/visitor parking needs.
    2. High Schools: One (1) space for each four (4) students or one (1) space for each four (4) fixed seats in any auditorium, gymnasium, or other facility for public assembly, whichever is greater, to accommodate student and parent/visitor parking needs; plus, one (1) space for each staff member or other employee of the school.
    3. Post-Secondary Schools: One (1) space is required for every two (2) student classroom seats at maximum capacity, .75 spaces for each faculty and staff member, and activity and service vehicle parking as needed.
    4. Grass overflow parking areas are allowed to be used for the purpose of calculating parking requirements.
    5. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. Bus loading areas shall be directly accessible to a building entrance. Pickup and drop off areas shall be sized to accommodate the stacking of cars without interfering with traffic within the right-of-way.
    2. Loading docks shall not be visible from the street.
    3. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. The main entrance to buildings adjacent to a street shall be accessed directly from and face the street.
    2. Buildings should be setback away from streets and aligned with setbacks of adjacent properties. Campuses must be designed to address the public realm with either buildings or public spaces.
    3. Parking adjacent to residentially zoned districts shall be located in the rear of the building or structure and screened from adjacent property.
    4. Vehicular and pedestrian connectivity to surrounding residential areas is required. Pedestrians and bicyclists must have a designated safe path between adjacent roads, school drives, parking areas, and the school facilities.
    5. Structure height must be compatible with the surrounding districts standards. In no instance shall the building height exceed the surrounding district’s maximum height by more than one (1) story.
    6. Whenever feasible, active recreational elements should be located away from adjacent detached residential dwellings. If this cannot be accomplished, buffering and screening will be required.
    7. Facilities normally associated with education facilities, such as residence halls, administrative buildings, auditoriums, gymnasiums, classrooms, and sports facilities shall be permitted as normal accessory uses.

13.6.8 Fraternity And Sorority House

  1. Definition: A building containing sleeping rooms, bathrooms, common rooms, a central kitchen, and dining room maintained exclusively for fraternity or sorority members affiliated with an institution of higher learning and their guests or visitors.
  2. Parking:
    1. One and a quarter (1.25) parking space per bedroom.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. Loading docks shall not be visible from the street.
    2. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. If located in or adjacent to an existing neighborhood of detached houses, buildings shall be architecturally harmonious with the surrounding neighborhood in regards to massing, materials, fenestration, and scale.
    2. The main entrance adjacent to a street shall be accessed directly from and face the primary street. Each ground floor unit must be accessed through a single main entrance. Upper story units may be accessed through the main entrance by an internal stairway or by an exterior stairway that is not visible from a public street not to include an alley. Buildings on corner lots shall be designed so that each side facing the public street is a front facade
    3. See zoning district general provisions for density requirements and other standards.
    4. See zoning district base dimensional standards for location, setbacks, and height requirements.

13.6.9 Group Home Or Care Facility

  1. Definition:
    1. Group Care Home: A facility or dwelling unit housing persons unrelated by blood or marriage and operating as a group family household. A group care facility may include halfway houses, recovery homes, and homes for orphans, foster children, the elderly, and battered women and children. It would include a specific treatment providing less than primary health care.
    2. Group Care Facility – A facility serving individuals who are deemed to be a danger to themselves or others. Group Care Facilities must be identified by the applicant during Site Plan Review.
  2. Parking:
    1. One (1) space per bedroom.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. Loading docks shall not be visible from the street.
    2. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. If located in or adjacent to an existing neighborhood of detached houses, buildings shall be architecturally harmonious with the surrounding neighborhood in regards to massing, materials, fenestration, and scale.
    2. The main entrance adjacent to a street shall be accessed directly from and face the street. Each ground floor unit must be accessed through a single main entrance. Buildings on corner lots shall be designed so that each side facing the public street is a front facade.
    3. Group care homes and group care facilities shall not be located on a lot within twelve hundred (1,200) feet, measured by a straight line in any direction, from the lot line of another group care home or group care facility.
    4. The number of residents in a group home is limited by applicable state laws, including any minimum square footage requirement per person, but in no event shall the number of residents exceed ten (10).
    5. A group care home or group care facility shall have a minimum lot size of three (3) acres.
    6. Group care facilities may not serve more than twenty (20) residents; however, to protect the health and safety of the community, the Planning Commission and Board of Aldermen has the right to further restrict the location of facilities and the number of residents and to require increased buffering, screening, and fencing.
    7. Applicable local, state, and federal permits shall be required as a part of this use.

13.6.10 Hospital

  1. Definition: An institution where sick or injured persons are given medical care and may be housed overnight, fed, and provided nursing and related services.
  2. Parking:
    1. One (1) space for each patient bed, plus one (1) space for each employee on a shift.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading: Hospitals must provide a separate loading area for ambulances or other emergency vehicles.
  4. Additional Standards:
    1. Hospitals shall be a maximum height of fifty (50) feet, or four (4) stories whichever is less.
    2. Accessory structures shall be smaller than the principle building.
    3. All setbacks for hospital buildings and supporting structures shall be setback from the front, rear, and side equal in distance to the height of the proposed building.

13.6.11 Life Care Communities

  1. Definition: A type of Continuing Care Retirement Community that provides independent living, assisted living, and nursing home care. Such facilities require a long-term, upfront financial commitment that, in turn, guarantees housing, services, and nursing care all in one location through the end of life.
  2. Parking:
    1. One (1) space is required for each dwelling unit in an independent living facility, one (1) space for each four (4) bedrooms in the assisted living facility, one (1) space for each ten (10) beds in the nursing home care facility; plus, one (1) space for each employee on a shift, and a minimum of ten (10) spaces for visitors.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. No use-specific requirement except that a separate entrance for loading or unloading ambulances or other emergency vehicles must be provided.
    2. A loading space may be required by the City Planner.
    3. Loading docks shall not be visible from the street.
    4. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. If located in or adjacent to an existing neighborhood of detached houses, all buildings shall be architecturally harmonious with the surrounding neighborhood in regards to massing, materials, fenestration, and scale.
    2. The main entrance to each building and independent living units adjacent to a street shall be accessed directly from and face the street. Buildings and independent living units on corner lots shall be designed so that each side facing the public street is a front facade.
    3. All land used for the community shall be contiguous and shall not be divided or transected by existing public roads, private roads granting an easement(s) to tracts of land not located in the community, or natural features which would visually or functionally divide the development.
    4. All buildings shall be limited in occupancy to persons aged fifty-five (55) years or older, the physically handicapped, and their spouses except for rooms or units occupied by resident staff personnel performing duties directly related to the operation of the facility.
    5. Driveway access to accessory structures shall be through the main entrance to the community and not located on a public street.
    6. Sidewalks meeting city standards shall be provided between accessory dwellings, the principal building(s), and all common facilities such as dining halls and recreation centers.
    7. No single building shall be greater than forty thousand (40,000) square feet if located within five hundred (500) feet (as measured in any direction from the closest point) from an adjacent detached dwelling residential neighborhood.
    8. The facility shall have a minimum lot size of three (3) acres.
    9. If located within a residential zoning district, the Section 7 Commercial Use Districts dimensional standards CN (Commercial Neighborhood) and Section 14 Development Standards for CN (Commercial Neighborhood) shall be followed.

13.6.12 Municipal Buildings And Facilities

  1. Definition: A City of Starkville owned or managed building used for purposes such as, but not limited to: administrative functions, police or fire stations, or libraries; or a structure or other facility used for infrastructure related municipal uses such as but not limited to sewer lift stations, electric utility substations, water tower, and water pump facilities.
  2. Parking: None.
  3. Loading:
    1. A loading space may be required by the City Planner.
    2. Loading docks shall not be visible from the street.
    3. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. A municipal building’s height must be compatible with the surrounding districts standards. In no instance shall the building height exceed the surrounding district’s maximum height by more than one (1) story. Accessory facilities such as water towers are exempt from height requirements.
    2. Parking for municipal buildings adjacent to residentially zoned districts shall be located in the rear of the building/structure and screened from adjacent residential property.
    3. Whenever feasible, infrastructure facilities should be located away from streets and may be located on lots without road frontage that are accessible solely across another property through an easement access.
    4. Where visible from a public or private street, municipal facilities must be screened from view by fencing, evergreen shrubs, trees, or a combination thereof.
    5. Whenever feasible, supporting buildings should be setback away from streets and aligned with setbacks of adjacent properties.
    6. Whenever feasible, active recreational elements should be located away from adjacent detached-dwelling residential uses. If this cannot be accomplished, buffering and screening will be required.

13.6.13 Parks, Open Space, And Greenways

  1. Definition: Uses focusing on natural areas consisting mostly of vegetation, passive or active outdoor recreation areas, and having few structures. This includes botanical gardens, nature preserves, recreational trails, greenways, parks, and recreation fields. A public park may contain accessory uses including but not limited to: community centers, museums, and/or libraries. Accessory uses may require a use exception or special exception based on the use chart.
  2. Parking: None unless as required for accessory uses.
  3. Loading: None unless as required for accessory uses.
  4. Additional Standards: None unless as required for accessory uses.

13.6.14 Places Of Worship

  1. Definition: A facility principally used for people to gather together for public worship, religious training, or other religious activities.
  2. Parking:
    1. In form-based districts no parking minimums are established. In all other zoning districts, one (1) parking space is required for each four (4) seats in the main assembly room.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. A loading space may be required by the City Planner.
    2. Loading docks shall not be visible from the street.
    3. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way unless in a T-5D, T-5C, and T-5U zoning districts. Deliveries shall be scheduled to not interfere with peak traffic times.
  4. Additional Standards:
    1. The structure height limitations of these regulations shall not apply to church spires, belfries, or cupolas.
    2. One (1) detached dwelling unit for the housing of the pastor or similar leader of the church and their family will be considered customary and incidental as a part of this use shall be permitted.
    3. Newly constructed places of assembly seating more than six hundred (600) people must have direct vehicular access to a major vehicular thoroughfare as determined by the City Engineer.
    4. A residential monastery or convent or similar communal residential religious facility may be allowed as an accessory use to places of worship by special exception.
    5. Accessory uses such as administrative offices, bookstores, community centers, multi-purpose facilities, outdoor recreational facilities, and care centers on the same site or sites contiguous to the principal use shall be permitted as follows:
      1. Similar uses on non-contiguous sites or on a site separated from the principal use by a public street shall be considered principal uses in their own right and will be regulated as such.
      2. No merchandise or merchandise display shall be visible from outside a building.
      3. Business or identification signs pertaining to an accessory use shall be limited to one (1) sign and the total square footage must not exceed two (2) square feet.
      4. Television stations, radio stations, printing presses, and sports complexes shall only be permitted as accessory uses if such uses are also permitted as principal uses in the zoning district in which they are located.
    6. For any special exception and/or use exception to allow for a place of worship in a C, CR, O-C, O-TND, TN-N, TN-E, T-5D, T-5C, and T-5U zoning District with an allowed commercial use, a waiver from the minimum distance criterion shall be required upon request for any current or future business within the state mandated minimum distance for the duration of the use as a place of worship. A copy of the waiver shall also be submitted to the Planning Department upon approval of the use.
    7. If located within a residential zoning district, the Section 7 Commercial Use Districts dimensional standards CN (Commercial Neighborhood) and Section 14 Development Standards for CN (Commercial Neighborhood) shall be followed.

13.6.15 Public Buildings And Facilities

  1. Definition: A building used for local government (other than City of Starkville), state, or federal government uses (used for purposes such as, but not limited to, administrative functions, sheriff or emergency offices, or libraries); or a structure or other facility used for local (other than City of Starkville), state, federal government, or quasi-governmental entities infrastructure related uses (such as but not limited to sewer lift stations, electric utility substations, water towers, and water pump facilities).
  2. Parking:
    1. In form-based districts no parking minimums are established. In all other zoning districts, parking shall be determined by the City Planner based on the anticipated use.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. Loading docks shall not be visible from the street.
    2. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. A public building’s height must be compatible with the surrounding districts standards. In no instance shall the building height exceed the surrounding district’s maximum height by more than one (1) story. Accessory facilities such as water towers are exempt from height requirements.
    2. Parking for public buildings adjacent to residentially zoned districts shall be located in the rear of the building/structure and screened from adjacent residential property.
    3. Whenever feasible, infrastructure facilities should be located away from streets and may be located on lots without road frontage that are accessible solely across another property through an easement access.
    4. Where visible from a public or private street, public facilities must be screened from view by fencing, evergreen shrubs, trees, or a combination thereof.
    5. Whenever feasible, supporting buildings should be setback away from streets and aligned with setbacks of adjacent properties.
    6. Whenever feasible, active recreational elements should be located away from adjacent detached-dwelling residential uses. If this cannot be accomplished, buffering and screening will be required.

13.7.1 Adult Oriented Business

  1. Definition: Any business or establishment that, as a regular or substantial course of conduct, performs or operates as an adult arcade, adult bookstore or video store, adult theater, adult motion picture theater, adult cabaret, adult model studio, adult hotel/motel, or any other business establishment that, as a regular and substantial course of conduct, offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts. Adult-oriented businesses or establishments does not include any uses or activities in which regulation is preempted by state law. Adult-oriented businesses and establishments shall also include any business or establishment that, as a regular or substantial course of conduct, provides or allows performers, models, actors, actresses or employees to appear in any place in lingerie or similar attire that does not opaquely cover specified anatomical parts.
  2. Parking:
    1. One (1) space is required for each two hundred (200) square feet of floor area.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. A loading space may be required by the City Planner.
    2. Loading docks shall not be visible from the street.
    3. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. All adult uses shall be located a minimum of one thousand (1,000) feet away from the nearest property line of any residential use, place of worship, educational facility, park, playground, public or cultural facility measured by a horizontal straight-line distance from the closest point.
    2. An adult use shall be located a minimum of two thousand (2,000) feet away from any other adult use.
    3. No adult use may be maintained or operated in any manner that causes, creates, or allows public viewing of any adult material, or any entertainment depicting, describing, or relating to specified sexual activities or specified anatomical areas, from any public or private right-of-way or any property.
    4. No more than one (1) adult oriented business shall be located within the same structure.

13.7.2 Animal Boarding Facilities

  1. Definition: Any building, structure, land, or combination thereof used, designed, or arranged for the boarding, breeding, or care of dogs, cats, fowl, or other domestic animals, but excluding animals used for agricultural purposes.
  2. Parking:
    1. One (1) space is required for each four hundred (400) square feet of floor area plus one (1) space for each employee on a shift.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. Animal Boarding Facilities must provide adequate parking and on-site maneuvering space for trucks and tractors on sites with facilities servicing large animals.
    2. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. All animals shall be confined within an enclosed area.
    2. When adjacent to any residential use district, boarding facilities are required to be indoor areas only and are not permitted to have operable windows, doors, or other penetrations on exterior walls adjacent to the residential use district, unless required by the building code. Additional sound proofing may be required by the City Planner.
    3. Outdoor areas shall be permitted for facilities that are adjacent to residential use districts for boarding facilities that provide boarding to large grazing animals (e.g. horses, donkeys, etc.).
    4. Outdoor areas housing non-grazing animals (e.g. dogs, cats, etc.) shall be screened from view from the public right-of-way and adjacent properties.

13.7.3 Animal Hospital, Clinic, Or Grooming Facility

  1. Definition: A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a boarding facility shall be limited to short-time stays and shall be only incidental to the veterinarian facility. Such use type shall also apply to facilities that provide grooming and general care services to animals.
  2. Parking:
    1. In form-based districts no parking minimums are established. In all other zoning districts, one (1) space is required for each four hundred (400) square feet of floor area and one (1) space per employee.
    2. Animal hospitals, clinics, or grooming facilities that share a parking lot with other businesses may not exceed their minimum parking by more than twenty- five (25) percent.
    3. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. An Animal Hospital, Clinic, or Grooming Facility must provide adequate parking and on-site maneuvering space for trucks and tractors on sites with facilities servicing large animals.
    2. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way unless in a T-5D, T-5C, and T-5U zoning districts. Deliveries shall be scheduled to not interfere with peak traffic times.
  4. Additional Standards:
    1. All animals shall be confined within an enclosed area.
    2. All kennel areas must be located indoors. If outdoor kennel areas are to be provided, it shall meet animal boarding facilities use standards.
    3. If boarding facilities are provided on-site, animal hospitals, clinics, or grooming facilities shall comply with the additional standards under the animal boarding facilities use standards.
    4. If located within a residential zoning district, the Section 7 Commercial Use Districts dimensional standards CN (Commercial Neighborhood) and Section 14 Development Standards for CN (Commercial Neighborhood) shall be followed.

13.7.4 Banks And Financial Institutions

  1. Definition: A business engaged in deposit banking and/or financial services. Banks and financial institutions may include, but are not limited to, commercial banks, loan or mortgage companies, stockbrokers, savings institutions, credit unions, and other similar uses. This does not include any use that is classified as a car title loan, payday advance, or loan business.
  2. Parking:
    1. In form-based districts no parking minimums are established. In all other zoning districts one (1) space is required for each three hundred (300) square feet of gross floor area.
    2. Banks and financial institutions that share a parking lot with other businesses may not exceed their minimum parking by more than twenty-five percent (25%).
    3. See zoning district base dimensional standards for parking location and setback requirements.
    4. Facilities with drive-thru facilities must have adequate queuing areas to prevent backups onto access roads. A minimum of two (2) spaces measured from the teller box shall be required.
  3. Loading: Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way unless in a T-5D, T-5C, and T-5U zoning districts. Deliveries shall be scheduled to not interfere with peak traffic times.
  4. Additional Standards:
    1. Drive-thru facilities shall not be located adjacent to a public street.

13.7.5 Bed And Breakfast Establishments

  1. Definition: An owner-occupied private residence which offers, for compensation, short-term overnight lodging and breakfast meals for guests. If not owner-occupied, the establishment shall serve as the principal residence of the manager of the establishment.
  2. Parking:
    1. In addition to the required parking for the dwelling, Bed and Breakfast Establishments must provide parking for guests equal to one (1) space for each leased bedroom. On-site guest parking must be located in a side or rear yard behind the front building wall of the principal structure.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. Loading docks shall not be visible from the street.
    2. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. Breakfast may be provided to registered guests, but no other full meals.
    2. Bed and Breakfast Establishments shall contain no more than five (5) bedrooms leasable to guests at any one (1) location or premises.
    3. No cooking facilities shall be permitted in guest rooms.
    4. Parties, meetings, receptions or other unrelated activities shall be prohibited unless approved as part of an approved Special Event Facility.
    5. Only one (1) Bed and Breakfast Establishment shall be allowed on the face of each city block or within five hundred (500) feet of another Bed and Breakfast Establishment.
    6. A non-internally lit monument sign type is allowed for Bed and Breakfast Establishments in RN, TN-N, TN-E, and O zoning district, but shall be limited to thirty-two (32) square feet in sign area and five (5) feet in height. Location and Additional Requirements standards for monument signs shall be adhered to.

13.7.6 Car Title Loan, Payday Advance, Or Loan Business

  1. Definition: A business, other than a financial institution, with a primary business activity of making small consumer loans. This activity includes loans using the equity value of a car or other vehicle as collateral when the title to such vehicle is owned free and clear by the borrower. This also includes loans that are usually backed by a post-dated check or authorization to make an electronic debit against an existing financial account, with loan repayment typically due when the borrower’s next paycheck is issued to reclaim the postdated check or cancel the electronic debt. This does not include any use that is classified as banks and financial institutions.
  2. Parking:
    1. One (1) space per two hundred (200) square feet of floor area.
    2. Car title loan, payday advance, or loan business stores that share a parking lot with other businesses may not exceed their minimum parking by more than twenty-five percent (25%).
    3. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. Loading docks shall not be visible from the street.
    2. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards: None.

13.7.7 Conference And Convention Center

  1. Definition: A facility used for conferences and conventions with accommodations for food preparation, dining, recreation, entertainment, resource facilities, meeting rooms, and services primarily for conference and convention center guests.
  2. Parking:
    1. Parking shall be determined by the City Planner based on the anticipated use.
    2. Conference and convention centers that share a parking lot with other businesses may not exceed their minimum parking by more than twenty-five percent (25%).
    3. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. Loading docks shall not be visible from the street.
    2. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards: None.

13.7.8 Convenience Store And Gas Station

  1. Definition: Any retail establishment offering for sale pre-packaged food products, household items, beverages, tobacco products, and a limited amount of freshly prepared foods. Such establishments may also include pumps for fuel sales for automobiles.
  2. Parking:
    1. One (1) space per gas pump, plus one (1) space per two hundred (200) square feet of floor area not including storage areas and stock rooms.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. Loading docks shall not be visible from the street.
    2. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. The ground floor of convenience stores and gas stations shall not exceed a maximum of five thousand (5,000) square feet. Maximum square footage can only be increased by special exception.
    2. A one (1) bay car wash may be an accessory to the convenience store or gas station but is subject to the following conditions:
      1. Waste water and byproducts shall not be allowed to drain off site.
      2. The number of vehicles awaiting to be washed or actively being washed shall be limited to five (5) vehicles.
      3. The number of employees for the accessory use of car wash shall be limited by the availability of on-site parking that is not part of the requirement for the principal building.
      4. One (1) stacking space for each car wash bay shall be provided and shall be designed to prevent backups onto public streets.
      5. A car wash cannot be located on a site adjacent to a residential use property.
    3. Pump island canopies, pump islands, compressed air connections, and similar equipment shall be set back a minimum of fifteen (15) feet from any property line.
    4. The pump island shall be situated to provide stacking space for a minimum of one (1) vehicle behind the vehicle parked at the fuel pump without impeding onsite circulation.
    5. Light fixtures mounted under canopies should be completely recessed into the canopy with flat lenses that are translucent and completely flush with the bottom surface (ceiling) of the canopy.
    6. The sides (fascia) of the canopy should extend below the lens of the fixture by a minimum of twelve (12) inches to block the direct view of the light sources and lenses from the property line.
    7. Lights should not be mounted on the top or sides (fascia) of the pump island canopy, and the sides (fascia) should not be illuminated. Allowed signage mounted to the canopy may be illuminated.
    8. All sides of a building should express consistent architectural details and character.
    9. The use of super-graphics is prohibited.
    10. Architectural integration of the pump island and pump island canopy to the building and site walls is required. Multiple canopies or canopies that express differing architectural masses are encouraged.
      1. All elements of the pump island or pump island canopy that are not operational should be architecturally integrated by the use of color, material, and architectural detailing.
      2. The design of pump islands should be architecturally integrated with other structures onsite using similar colors, materials and architectural detailing.
      3. Pump island canopy columns shall be proportioned to the height and scale of the canopy and wrapped with architectural facing of stone, brick, or other natural materials.
    11. Canopy height, as measured from the finished grade to the lowest point on the canopy fascia, should not exceed thirteen (13) feet and nine (9) inches. The clearance height of canopies should be clearly indicated on the structure or through the use of a headache bar. The overall height of canopies should not exceed seventeen (17) feet.
    12. Overnight parking of vehicles or trailers used for shipping and/or deliveries is not permitted and shall be considered a nuisance violation of this code.
HISTORY
Amended by Ord. 2024-06 on 11/5/2024

13.7.9 Convenience Store And Truck Stop

  1. Definition: A facility intended to provide services to the trucking industry and the traveling public. A truck stop may offer pre-packaged food products, household items, beverages, and tobacco products. A truck stop may include restaurants, fuel pumps, overnight parking, and truck scales.
  2. Parking:
    1. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. Loading docks shall not be adjacent to any street.
    2. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. The ground floor of convenience stores and truck stops and gas stations shall not exceed a maximum of eleven (11,000) square feet. Maximum square footage can only be increased by special exception.
    2. A one (1) bay car wash may be an accessory to the convenience store or gas station but is subject to the following conditions:
      1. Waste water and byproducts shall not be allowed to drain off site.
      2. The number of vehicles awaiting to be washed or actively being washed shall be limited to five (5) vehicles.
      3. The number of employees for the accessory use of car wash shall be limited by the availability of on-site parking that is not part of the requirement for the principal building.
      4. One (1) stacking space for each car wash bay shall be provided and shall be designed to prevent backups onto public streets.
      5. A car wash cannot be located on a site adjacent to a residential use property.
    3. Pump island canopies, pump islands, compressed air connections, and similar equipment shall be set back a minimum of fifteen (15) feet from any property line.
    4. The pump island shall be situated to provide stacking space for a minimum of one (1) vehicle behind the vehicle parked at the fuel pump without impeding onsite circulation.
    5. Light fixtures mounted under canopies should be completely recessed into the canopy with flat lenses that are translucent and completely flush with the bottom surface (ceiling) of the canopy.
    6. The sides (fascia) of the canopy should extend below the lens of the fixture by a minimum of twelve (12) inches to block the direct view of the light sources and lenses from the property line.
    7. Lights should not be mounted on the top or sides (fascia) of the pump island canopy, and the sides (fascia) should not be illuminated. Allowed signage mounted to the canopy may be illuminated.
    8. All sides of a building should express consistent architectural details and character.
    9. The use of super-graphics is prohibited.
    10. Architectural integration of the pump island and pump island canopy to the building and site walls is required. Multiple canopies or canopies that express differing architectural masses are encouraged.
      1. All elements of the pump island or pump island canopy that are not operational should be architecturally integrated by the use of color, material, and architectural detailing.
      2. The design of pump islands should be architecturally integrated with other structures onsite using similar colors, materials and architectural detailing.
      3. Pump island canopy columns shall be proportioned to the height and scale of the canopy and wrapped with architectural facing that compliments the building.

13.7.10 Eating And Drinking Establishments

  1. Definition:
    1. Eating and drinking establishments- A business establishment that provides prepared food for patrons for consumption on the premises inside, outside, or for take-out; in which the establishment may or may not provide alcoholic beverages, beer, and light wine; and live entertainment. Alcoholic beverages including wine, beer, spirits, and light wine, may be sold and consumed in conjunction with the food service and shall meet all applicable state and local laws, regulations, and ordinances.
    2. A brewpub shall be considered an eating and drinking establishment. A brewpub is a general restaurant in which light wine or beer is manufactured or brewed for consumption exclusively on the premises as defined in 27-71-301 (j) of the Mississippi Code of 1972.
  2. Parking:
    1. For eating and drinking establishments without a drive-thru in a CN, C, CR, and O districts, one (1) space is required for each one hundred (100) square feet of patron area and one (1) space for each three hundred (300) square feet of the back of house area or one (1) space for each employee on a shift, whichever is less. The City Planner may allow for a very low or no minimum requirement where proposed use can demonstrate the need for a less restrictive requirement.
    2. For eating and drinking establishments with a drive-thru in a CN, C, CR, and O zoning districts, one space is required for each two hundred (200) square feet of patron area and one (1) space for each three hundred (300) square feet of the back of house area or one (1) space for each employee, whichever is less. The City Planner may allow for a very low or no minimum requirement where proposed use can demonstrate the need for a less restrictive requirement.
    3. For eating and drinking establishments in the T-5C and T-5U zoning districts, one (1) space is required for each three hundred and thirty-three (333) square feet of floor area above fifteen hundred (1,500) square feet. The City Planner may allow for a very low or no minimum requirement where proposed use can demonstrate the need for a less restrictive requirement.
    4. For eating and drinking establishments in T-5D zoning districts, no parking minimums are established unless a need is determined by the City Planner based on the proposed use and available parking within the vicinity.
    5. Eating and drinking establishments that share a parking lot with other businesses may not exceed their minimum parking by more than twenty-five percent (25%).
    6. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. A loading space may be required by the City Planner.
    2. Loading docks, if required, shall not be visible from the street.
    3. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way in a CN, C, CR, and O zoning district. In TN-N, TN-E, T-5D, T-5C, and T-5U zoning districts, deliveries shall be scheduled to not interfere with peak traffic times.
  4. Additional Standards:
    1. Drive-ins and drive-thrus are only permitted in CN, C, CR, and O zoning districts. Drive-ins and drive-thrus in all other districts that the use is permitted shall require a special exception.
    2. An eating and drinking establishment with a drive-thru must provide a minimum of six (6) spaces before the order board, with another two (2) spaces provided between the order board and the transaction window.
    3. A coffee shop less than five hundred (500) square feet of floor space with a drive-thru must provide a minimum of three (3) spaces measured from the order box.
    4. Drive-thru lanes where adjacent to parking area shall be physically separated from all parking spaces and pedestrian areas by a landscape islands that is a minimum of three (3) foot wide with a six (6) inch vertical curbs. A bypass lane shall be required for all drive-thrus.
    5. When live entertainment is offered, amplified music, loudspeakers, and similar noise devices shall not be permitted outdoors after 10:00 p.m. Sunday through Thursday.
    6. For existing buildings with an eating & drinking establishment use at the time of the adoption of the code located in a TN-E, shall be allowed to continue the use as an eating & drinking establishment even if ownership is changed. Any expansion of an existing building and/or the addition of new habitable structures shall be approved as part of a special exception request. Any additional parking shall not be located within the front yard.
    7. The conversion of an existing building located in a TN-E to another allowed use shall require approved by the Board of Aldermen as a use exception or special exception within the existing building(s). Any expansion of an existing building and/or the addition of new habitable structures shall require approved by the Board of Aldermen as a special exception. Any additional parking shall not be located within the front yard.
    8. For new buildings in a TN-E zoning district, the maximum square footage shall be limited to fifteen hundred (1,500) square feet unless additional square footage is approved as part of a special exception request. Setbacks shall comply with the residential infill standards for the zoning district and parking shall not be located in the front yard.

13.7.11 Food Truck

  1. Definition: A licensed, motorized vehicle or mobile food unit which is temporarily parked on private property and not on the right-of-way where food items are sold to the general public. If on the right-of-way, refer to the Mobile Food Vendor requirements.
  2. Parking: None.
  3. Loading: None.
  4. Additional Standards:
    1. Food trucks and/or associated seating must not occupy on-site parking spaces required to fulfill the minimum requirements for the principal use, unless the principal use’s hours of operation do not coincide with those of the food truck business.
    2. Traffic circulation, public safety, siting of food trucks, and parking will be reviewed and may be subject to the conditions of approval by the City Planner.
    3. No audio amplification or permanent signage may be installed as part of a food truck’s vending operation. One (1) sidewalk sign shall be allowed within ten (10) feet of the food truck.
    4. The food truck vendor is responsible for the proper disposal of waste and trash associated with the operation. City trash receptacles are not to be used for this purpose. Vendors must provide their own trash receptacle on-site for patrons. Vendors must remove all waste and trash from their approved location at the end of each day or as needed to maintain the health and safety of the public. The vendor must keep all areas associated with the food truck and any associated seating area clean of grease, trash, paper, cups or cans associated with the vending operation. No liquid waste or grease is to be disposed in tree pits, storm drains, onto the sidewalks, streets, or other public space. Under no circumstances can grease be released or disposed of in the City’s sanitary sewer or stormwater system. All waste must be disposed of in accordance to all applicable local, state, and federal laws.
    5. All food truck vendors shall obtain and maintain a City of Starkville Privilege License and a mobile food vending permit for each mobile pushcart or mobile food preparation vehicle in operation. All applications for permit renewal shall be filed annually with the City of Starkville City Clerk’s Office.
    6. If a business is subject to a Certificate of Health or sanitary examination, the person applying for permit must produce such certificate or permit from the County Health Department before a permit can be issued.
    7. A written indemnity agreement that will hold harmless the city, its officers, and employees, for any loss or liability or damage, including costs, for bodily injury or property damage sustained by a person as a result of the negligent installation, use, or maintenance of a permitted space.
    8. Food trucks shall provide written permission from the property owner.
    9. The operators must be present at all times during the hours of operation.
    10. A food truck operating in all districts shall operate only Thursday through Saturday between the hours of 6:00 a.m. and 2:00 a.m. and on Sunday through Wednesday between the hours of 6:00 a.m. and 10:00 p.m. Cleanup and removal of the food truck shall be completed within thirty (30) minutes of closing.
    11. All generators associated with a food truck shall provide sound buffering for each generator. At no time shall any generator operate at 65 decibels or above measured at twenty-five (25) feet from the generator.

13.7.12 Hotels, Motels, Or Inns

  1. Definition: A facility offering transient lodging accommodations to the general public and that may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities.
  2. Parking:
    1. In the T-5D zoning district no parking minimums are established. In the T-5C and T-5U zoning district, one (1) space per guest room is required. In all other zoning districts, one and a quarter (1.25) space per guest room is required.
    2. Hotels, motels, or inns that share a parking lot with other businesses may not exceed their minimum parking by more than twenty-five percent (25%).
    3. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. Loading docks, if required, shall not be visible from the street.
    2. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way in a CN, C, CR, and O zoning district. In T-5D, T-5C, and T-5U zoning districts, deliveries shall be scheduled to not interfere with peak traffic times.
    3. In T-5D, T-5C, and T-5U zoning districts, an area equal to two (2) parallel parking spaces for guest check-in may be provided within the right-of-way adjacent to the primary entrance with approval by the Board of Aldermen.
  4. Additional Standards: None.

13.7.13 Micro-Breweries And Small Batch Distilleries

  1. Definition: A small scale brewery that produces up to five thousand (5,000) barrels of beer annually for wholesale distribution. This use type is subject to other regulations and relevant state statutes.
  2. Parking:
    1. For micro-breweries and small batch distilleries that have taprooms, one (1) space for every two hundred and fifty (250) square feet of patron area is required unless in a T-5D, T-5C, or T-5U.
    2. In a T-5D zoning district, no on-site parking is required.
    3. In a T-5C or T-5U, minimum on-site parking maybe required by the City Planner.
    4. Micro-breweries and small batch distilleries that share a parking lot with other businesses may not exceed their minimum parking by more than twenty-five percent (25%).
    5. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. A loading space may be required by the City Planner.
    2. Loading docks, if required, shall not be visible from the street.
  4. Additional Standards.

13.7.14 Mini-Storage

  1. Definition: Facilities offering enclosed storage with individual access for personal effects and household goods, including mini-warehouses and mini-storage. This use excludes workshops, hobby shops, manufacturing, or commercial activity.
  2. Parking:
    1. Four (4) parking spaces shall be provided near the leasing office for exterior direct access facilities.
    2. Eight (8) parking spaces shall be provided near the entrance for interior access facilities.
    3. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. A loading area shall be provided near the entrance for interior access facilities.
    2. Loading areas shall be designed to prevent obstruction of pedestrian and vehicular circulation within the right-of-way.

13.7.15 Mortuaries And Funeral Homes

  1. Definition: A business that provides services to families of a deceased person including preparing the body for burial or interment offsite and funeral services. A chapel used as part of the service onsite shall not be considered a place of worship.
  2. Parking:
    1. One (1) space per one hundred (100) square feet used for public assembly plus one (1) space per four hundred (400) square feet of office area.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. Loading areas shall be designed to prevent obstruction of pedestrian and vehicular circulation within the right-of-way.
    2. The loading and unloading of corpses shall be screened from view from the right-of-way and adjacent property.
  4. Additional Standards:
    1. Crematoriums are permitted accessory uses to mortuaries and funeral homes in all districts where the uses may locate. Crematoriums are not permitted as accessory uses to any other primary use of land.

13.7.16 Offices- Medical

  1. Definition: A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis. This facility includes medical offices including but not limited to: chiropractors, dentists, medical doctors, optometrists, prescription opticians, psychologists, outpatient surgery, urgent care facilities, dental laboratories, and medical laboratories.
  2. Parking:
    1. One (1) space per two hundred (200) square feet of floor area in CN, C, CR, S-M, TN-N, and O zoning districts with commercial use designation.
    2. One (1) space per five hundred (500) square feet of floor area in T-5D, T-5C, and T-5U.
    3. Medical offices that share a parking lot with other businesses may not exceed their minimum parking by more than twenty-five percent (25%).
    4. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. Facilities may be required to provide a separate loading area for ambulances or other emergency vehicles based on anticipated use at the discretion of the City Planner.
    2. Loading areas shall be designed to prevent obstruction of pedestrian and vehicular circulation within the right-of-way.
  4. Additional Standards:
    1. Medical facilities shall not exceed three thousand (3,000) square feet in the T-5, T-5C, and T-5U districts. Maximum square footage can only be increased by special exception.
    2. Medical facilities shall not exceed one thousand five hundred (1,500) square feet in the TN-N zoning districts. Maximum square footage can only be increased by special exception.

13.7.17 Offices- Professional

  1. Definition: A place in which business, clerical, or professional activities are conducted and provided to the public such as, but not limited to: consultants, lawyers, accountants, advertising agencies, engineering, architects, real estate agencies, insurance agencies, and travel agencies.
  2. Parking:
    1. One (1) space per three hundred (300) square feet of floor area in CN, C, CR, and O zoning districts with commercial use designation.
    2. One (1) space per five hundred (500) square feet of floor area in T-5, T-5C, and T-5U zoning districts.
    3. No on-site parking required for T-5D zoning districts.
    4. Professional offices that share a parking lot with other businesses may not exceed their minimum parking by more than twenty-five percent (25%).
    5. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading: Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way in a CN, C, CR, and O zoning district. In T-5D, T-5C, and T-5U zoning districts, deliveries shall be scheduled to not interfere with peak traffic times.
  4. Additional Standards:
    1. For existing buildings with an office professional use at the time of the adoption of the code located in a TN-E, shall be allowed to continue the use as an office professional even if ownership is changed. Any expansion of an existing building and/or the addition of new habitable structures shall be approved as part of a special exception request. Any additional parking shall not be located within the front yard.
    2. The conversion of an existing building located in a TN-E to another allowed use shall require approval by the Board of Aldermen as a use exception or special exception within the existing building(s). Any expansion of an existing building and/or the addition of new habitable structures shall require approved by the Board of Aldermen as a special exception. Any additional parking shall not be located within the front yard.
    3. For new buildings in a T-4, TN-N, and TN-E zoning district, the maximum square footage shall be limited to fifteen hundred (1,500) square feet unless additional square footage is approved as part of a special exception request. Setbacks shall comply with the residential infill standards for the zoning district and parking shall not be located in the front yard.

13.7.18 Recreational And Entertainment: Indoors-Commercial

  1. Definition: A place in which commercial indoor recreational options are provided to the public such as, but not limited to: dance halls, exhibit halls (without permanent seating), skating rinks, billiards, arcade games, indoor miniature golf, indoor driving ranges, laser tag, health clubs, and bowling.
  2. Parking:
    1. One (1) space per one hundred (100) square feet of gross floor area or to be determined by the City Planner based on the anticipated use.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. A loading space may be required by the City Planner.
    2. Loading docks shall not be visible from the street.
    3. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. Recreational and Entertainment indoor facilities cannot exceed four thousand (4,000) square feet in a T-5, T-5C, and T-5U zoning districts.

13.7.19 Recreational And Entertainment: Outdoors-Commercial

  1. Definition: A place in which commercial outdoor recreational options are provided to the public such as, but not limited to amusement parks, zoos, amphitheaters, athletic fields, clubhouses, water parks, shooting/archery ranges, swimming pools, miniature golf, driving ranges, and sports complexes.
  2. Parking:
    1. To be determined by the City Planner based on the anticipated use.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. A loading space may be required by the City Planner.
    2. Loading docks shall not be visible from the street.
    3. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. Outdoor recreational uses that create noise and use night lighting must close by 10:00 pm or must be located no less than fifteen hundred (1,500) feet from detached-dwelling residential use areas.

13.7.20 Private Recreational Clubs Or Facility

  1. Definition: A club or facility, private or public, offering a range of recreational and occasionally dining options for its members. Such clubs may include but are not limited to: swimming, golf, racquetball, and tennis. Accessory uses such as dining, event spaces, and supporting facilities may be permitted as part of this use.
  2. Parking:
    1. To be determined by the City Planner based on the anticipated use.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. A loading space may be required by the City Planner
    2. Loading docks shall not be visible from the street.
    3. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. If proposed within an existing platted subdivision, a special exception will be required. If proposed as a part of a newly platted subdivision, no special exception required.
    2. If located within a residential zoning district, the Section 7 Commercial Use Districts dimensional standards CN (Commercial Neighborhood) and Section 14 Development Standards for CN (Commercial Neighborhood) shall be followed.

13.7.21 Recreational Vehicle Parks

  1. Definition: A parcel of land on which two (2) or more spaces are available for occasional occupancy by recreational vehicles intended for transient dwelling purposes via rental or ownership method. These requirements do not apply to a manufactured home park.
  2. Parking:
    1. See zoning district base dimensional standards for parking location and setback requirements.
    2. Each recreational vehicle space must be large enough to provide parking for the recreational vehicle and one (1) additional vehicle on-site.
    3. Parking areas shall be designed to prevent obstruction of pedestrian and vehicular circulation within the right-of-way and/or the recreational vehicle park.
  3. Loading: None.
  4. Additional Standards:
    1. No structure shall be located in the required setback area of the district. Parking setbacks for the district shall apply to the recreational vehicle.
    2. Each recreational vehicle parking area shall be provided with access to water, power, and sanitary sewer. All connections to public utilities shall be in accordance with the utility provider.
    3. The minimum lot size for a recreational vehicle park shall be three (3) acres.
    4. The owner and/or operator of the recreational vehicle park must file a restrictive covenant stating that no recreational vehicle stored or parked on the premises for more than two (2) weeks will be used as a principal residence or rental residence.
    5. Outdoor common areas within a recreational vehicle park shall not be placed adjacent to or within three hundred (300) feet of residential detached dwelling units.

13.7.22 Retail Sales And Services- Inside Only

  1. Definition: Businesses that offer merchandise and/or services to the public such as, but not limited to furniture, pharmacy, fine antiques, appliances, apparel, drugstores, flowers, decorative objects, furniture, jewelry, hardware, hobby supplies, liquor stores, shoe sales, variety stores, beauty/hair salon, catering, dry-cleaning, laundromat, appliance repair, and tattoo parlor.
  2. Parking:
    1. For retail sales and service establishments in the T-5C and T-5U zoning districts, one (1) space is required for each three hundred and thirty-three (333) square feet of floor area above fifteen hundred (1500) square feet. The City Planner may allow for a very low or no minimum requirement where circumstances warrant.
    2. For retail sales and service establishments in T-5D zoning districts, no parking minimums are established unless a need is determined by the City Planner.
    3. In all other zoning districts one (1) space per two hundred (200) square feet of retail floor area is required not including storage areas, stock rooms, or space occupied by permanent merchandise display.
    4. Retail stores that share a parking lot with other businesses may not exceed their minimum parking by more than twenty-five percent (25%).
    5. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. A loading space may be required by the City Planner.
    2. Loading docks shall not be visible from the street.
    3. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way except in T-5D, T-5C, and T-5U zoning districts. Deliveries in T-5D, T-5C, and T-5U zoning districts shall be scheduled to not interfere with peak traffic times
  4. Additional Standards:
    1. Shopping cart enclosures, also called cart corrals, shall be provided for any retail use that provides shopping carts. Corrals shall be permanently attached and fit within a full-sized parking space with at least eighteen (18) inches clearance on each side between the structure and the centerline of the parking space striping.
    2. Shopping cart storage shall not block any pedestrian access to the entrance of any building.
    3. Businesses with drive-thru facilities must have sufficient stacking space to prevent backups onto drive aisle or right-of-way.
    4. A pharmacy with a drive-thru must provide a minimum of three (3) spaces measured from the order box.
    5. A dry cleaner with a drive-thru must provide a minimum of two (2) spaces measured from the pick-up door.
    6. For existing buildings with a retail sales and services inside only use at the time of the adoption of the code located in a TN-E, shall be allowed to continue the use as a retail sales and services inside only even if ownership is changed. Any expansion of an existing building and/or the addition of new habitable structures shall be approved as part of a special exception request. Any additional parking shall not be located within the front yard.
    7. The conversion of an existing building located in a TN-E to another allowed use shall require approved by the Board of Aldermen as a use exception or special exception within the existing building(s). Any expansion of an existing building and/or the addition of new habitable structures shall require approved by the Board of Aldermen as a special exception. Any additional parking shall not be located within the front yard.
    8. For new buildings in a TN-E zoning district, the maximum square footage shall be limited to fifteen hundred (1,500) square feet unless additional square footage is approved as part of a special exception request. Setbacks shall comply with the residential infill standards for the zoning district and parking shall not be located in the front yard.

13.7.23 Retail Sales And Services- With Outside Displays

  1. Definition: Businesses that offer merchandise and/or services to the public that includes a need for outdoor displays such as, but not limited to: antique or “junktique” shops, garden furnishings, lumberyards, building supplies, construction equipment, farm equipment, industrial equipment, nurseries and greenhouses, vehicle sales, boat sales, recreational equipment sales, recreational vehicle sales, and car rentals.
  2. Parking:
    1. Retail sales and services associated with vehicle sales, vehicle rentals, boat sales, recreational vehicle sales, construction equipment sales, construction equipment rentals, industrial equipment sales, or manufactured homes sales shall provide one (1) space for each two hundred (200) square feet of the principal building.
    2. All other retail sales and service parking shall be determined by the City Planner based on the anticipated use.
    3. Retail stores that share a parking lot with other businesses may not exceed their minimum parking by more than twenty-five percent (25%).
    4. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. A loading space may be required by the City Planner.
    2. Loading docks shall not be visible from the street.
    3. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards
    1. Shopping cart enclosures, also called cart corrals, shall be provided for any retail use that provides shopping carts. Corrals shall be permanently attached and fit within a full-sized parking space with at least eighteen (18) inches clearance on each side between the structure and the centerline of the parking space striping.
    2. Shopping cart storage shall not block any pedestrian access to the entrance of any building.
    3. Drive-thrus are not permitted in TN-N, TN-E, T-5D, T-5C, and T-5U zoning districts.
    4. Drive-thru lanes where adjacent to the parking area shall be physically separated from all parking spaces and pedestrian areas by the use of three (3) feet wide landscape islands protected by six (6) inch vertical curbs. A bypass lane shall be required for all drive-thrus.
    5. Businesses with drive-thru facilities must have sufficient stacking space to prevent backups onto drive aisle or right-of-way.
    6. The minimum building size for vehicle sales, boat sales, recreational vehicle sales, or manufactured homes sales shall be four thousand (4,000) square feet or greater.
    7. The minimum lot size for vehicle sales, boat sales, recreational vehicle sales, or manufactured homes sales shall be one and a half (1-½) acres or greater.
    8. No vehicle associated with the business shall be parked within the right-of-way with the principal purpose of displaying such vehicle for sale, washing, greasing, or repairs.
    9. No outdoor display of merchandise or freestanding kiosk selling items may result in a pedestrian walkway, sidewalk, or a front entry area pathway of less than five (5) feet.
    10. All displays of case goods, upholstered furniture, couches, mattresses, similar items or goods considered as indoor furniture must be removed at the close of the regular business day and may be returned to the outside display area only at the commencement of the business hours. At no point shall these items remain outdoors for more than twelve (12) continuous hours. Such indoor goods must be removed from the outside display area daily. Commercial retail merchants may continuously display outdoor equipment or furniture designed for outside use.

13.7.24 Studios- Art, Craft, Music, Dance And Fitness

  1. Definition: A business use that provides instruction or the creation of various forms of artistic, craft, musical training, or fitness instruction to the public.
  2. Parking:
    1. For studios in the T-5C and T-5U zoning districts, one (1) space is required for each three hundred and thirty-three (333) square feet of floor area above fifteen hundred (1,500) square feet. The City Planner may allow for a very low or no minimum requirement where circumstances warrant.
    2. For studios in T-5D zoning districts, no parking minimums are established unless a need is determined by the City Planner.
    3. For all other zoning districts, one (1) space is required for each three hundred (300) square feet of gross floor area.
    4. Studios that share a parking lot with other businesses may not exceed their minimum parking by more than twenty-five percent (25%).
    5. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading: Loading docks shall not be visible from the street.
  4. Additional Standards:
    1. Any studio use generating noise (music or dance) must be soundproofed to prevent noise that is audible to an adjacent use.
    2. In TN-N and TN-E zoning districts, studio use shall be limited to artistic craft only. Musical training facilities and fitness instruction are prohibited.

13.7.25 Theaters

  1. Definition: A facility offering entertainment such as, but not limited to, live music, film, or plays inside a structure designed for such entertainment including exhibition halls with permanent seating.
  2. Parking:
    1. One (1) space is required for every five (5) seats provided in CN, C, CR, and O zoning district with commercial use designation.
    2. The number of spaces required will be determined by the City Planner based on the available public parking and the proposed location of the theater in T-5D, T5-C, and T5-U zoning districts.
    3. Theaters that share a parking lot with other retail businesses may not exceed their minimum parking by more than twenty-five percent (25%).
    4. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. A loading space may be required by the City Planner.
    2. Loading docks shall not be visible from the streets.
    3. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. When live entertainment is offered, amplified music, loudspeakers, and similar noise devices are not permitted outdoors. Noise emanating from the inside shall not exceed ambient noise levels in the surrounding area at more than one hundred (100) feet from any point of the property.

13.7.26 Vehicle Repair And Maintenance

  1. Definition: A business that offers services to maintain, repair, clean, and provide other services to automotive vehicles that include but are not limited to tire shops, quick lubes, automotive repair, car washes, towing services, and self-serve car washes. This use shall not be permitted as part of a home occupation other than clerical work associated with the use.
  2. Parking:
    1. One (1) space for each regular shift employee, plus one (1) space for each three hundred (300) square feet of patron waiting area.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. Loading docks shall not be visible from the streets.
    2. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. The number of vehicles stored outside in a screened vehicle storage area awaiting repair is limited to no more than five (5), or one (1) per service bay, whichever is greater. Vehicles stored outside awaiting repair must have a current tag.
    2. No more than two (2) vehicles awaiting repair shall be permitted to be stored outside of an enclosed building or screened vehicle storage area only during normal operating hours of the business.
    3. All repair and service operations shall be performed within a fully enclosed building. All equipment, parts, and disposed parts shall be stored indoors or within a screened vehicle storage area.
    4. No sales of vehicles are permitted on the premises of this use.
    5. No partially dismantled, wrecked, or unlicensed vehicles shall be stored outdoors on the premises unless vehicle awaiting repair on site or is part of a permitted towing service. Accessory junkyards including the storage of vehicles used for parts are not permitted.
    6. Vehicle storage areas shall be screened from view by enclosing them within a building or in a fenced rear yard area. Any outdoor storage must be screened by a six (6) foot solid screening fence along the side and rear property lines. If adjacent to a residential use or right-of-way, storage must be screened by a six (6) foot solid screening fence and a six (6) foot solid evergreen hedge along the property line and/or right-of-way. Razor wire or barbed wire will not be permitted to be seen from the right-of-way or adjacent property.
    7. Car washes as a primary use shall conform to the following requirements:
      1. The outdoor service area of a car wash shall be placed and screened in accordance with the standards for on-site parking.
      2. Washes, vacuums, and similar service devices shall be located a minimum of fifty (50) feet from the nearest portion of an adjacent residential zoning district. Where automatic dryers are installed, separation shall be five hundred (500) feet from the nearest lot line of an adjacent residential zoning district.
      3. Self-service car washes shall not operate between 10:00 pm and 7:00 am if within fifty (50) feet of a detached residential use district.
    8. Car washes as an accessory use shall conform to the following requirements:
      1. All exterior walls and accessory washing areas shall be constructed so that they match the principal structure in design and materials.
      2. The outdoor service area of a car wash shall be placed and screened in accordance with the standards for on-site parking.
      3. Washes, vacuums, and similar service devices shall be located a minimum of fifty (50) feet from the nearest portion of an adjacent residential zoning district. Where automatic dryers are installed, separation shall be five hundred (500) feet from the nearest lot line of an adjacent residential zoning district.
      4. Car washes accessory to a principal use shall be located in the side or rear yard only.
      5. Car washes shall not operate between 10:00 p.m. and 7:00 a.m. if within fifty (50) feet of a detached residential use district.
    9. Vehicles associated with a towing service shall not be stored for more than thirty (30) days unless storage is part of a government contract.
    10. Towing services shall only be permitted in CR, I, and O-I zoning districts.

13.8.1 Airport

  1. Definition: The area comprising land used by aircraft for taking off and landing, together with all adjacent land and facilities used in connection with aircraft and flight operations, existing and proposed. This shall not include helipads associated with a hospital.
  2. Parking: See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading: None.
  4. Additional Standards: None.

13.8.2 Heliport

  1. Definition: A facility or accessory use for the taking off and landing of helicopters.
  2. Parking: None.
  3. Loading: None.
  4. Additional Standards:
    1. Design standards for a heliport shall be in accordance with Federal Aviation Administration requirements.
    2. Proof of Air Space Clearance from the Federal Aviation Agency is required prior to the issuance of a certificate.
    3. The facility must be designed and placed so that it will not be detrimental to adjoining properties or to properties within a 1,000-foot radius of the heliport site as measured from the center of the final approach and takeoff area.

13.8.3 Borrow Pit, Soil Fill Site, And Soil Storage Site

  1. Borrow Pit: An area from which soil, aggregate, or other unconsolidated material is removed to be used, with or without further processing, as fill for activities such as landscaping, building construction, or roadway construction and maintenance on another site. This use shall also be granted and maintain all applicable local, state, and federal permits.
  2. Soil Fill Site: An area for which soil, aggregate, or other unconsolidated material is deposited as fill on a site that does not have an approved site plan. A site with an approved site plan and necessary permits shall not be considered a soil fill site. This use shall also be granted and maintain all applicable local, state, and federal permits.
  3. Soil Storage Site: An area for which soil, aggregate, or other unconsolidated material is stored for future use on another site. This use shall also be granted and maintain all applicable local, state, and federal permits
  4. Parking: None.
  5. Loading: None.
  6. Additional Standards:

13.8.4 Landfill

  1. Definition: A site for the deposit of waste onto or into land where the site is a waste disposal site, or used for the storage of waste.
  2. Parking: None.
  3. Loading: None.
  4. Additional Standards: None.

13.8.5 Manufacturing And Industrial Heavy

  1. Definition: A facility conducting any heavy industrial activity which involves the use of hazardous materials, and/or has the potential to generate excessive noise, odor, vibration, or other emissions including but not limited to textile production, building materials, concrete products, millwork, steel products, automotive manufacturing, and recycling centers.
  2. Parking:
    1. One (1) space per five-hundred (500) square feet of floor area or by the City Planner based on the anticipated use.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading: Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. The volume of sound inherently and recurrently generated shall not exceed sixty (60) decibels at the boundary line of the lot.
    2. Ground vibration inherently and recurrently generated shall not be perceptible without instruments at any point along any boundary line of the lot on which the use is located.
    3. Smoke, dust, lint, and other particulate matter.
      1. Smoke. No smoke shall be permitted of a density greater than No. 1 per the Ringelmann’s Scale, except that smoke of a density not more than No. 2 of the Ringelmann’s Scale will be permitted for a period not in excess of six (6) minutes in any hour.
      2. Dust. All walks, driveways, and parking areas shall be dust-proofed. No dust of any kind produced by Manufacturing shall be permitted to escape beyond the confines of the building in which it is produced.
      3. Lint and other particulate matter. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces.
      4. The emission of particles from any flue or smokestack shall not exceed 0.2 grains per cubic foot of flue gas at a stack temperature of five hundred degrees (500°) Fahrenheit.
      5. The emission of gasses or fumes injurious to persons or property beyond the lot occupied by the use is prohibited.
      6. The emission of noxious odors of any kind detectable by a person with normal sensibilities anywhere beyond the property boundaries shall not be permitted. Tanneries, abattoirs, glue factories, oil refineries, soap factories, artificial gas manufacture, and similar industries must present detailed plans for elimination of noxious odors before a building permit is granted. vii. The storage and handling of flammable liquids, liquefied petroleum, gasses, and explosives shall comply with state regulations and the regulations contained in the city’s building code.
      7. Razor wire shall not be placed on any fence adjacent to the right-of-way, within the front setback, or along any property line that is not zoned for industrial uses.
      8. Any operation producing intense glare or heat shall be performed within completely enclosed buildings in such a manner as not to create a public nuisance or hazard along lot lines. Exposed sources of light shall be shielded so as not to create a nuisance across lot lines.

13.8.6 Manufacturing And Industrial Light

  1. Definition: A facility conducting any light industrial activity which does not involve the use of hazardous materials, and/or has the potential to generate excessive noise, odor, vibration, or other emissions including but not limited to assembling, compounding, food processing, beverage processing, processing, or treatment of products.
  2. Parking:
    1. One (1) space per five hundred (500) square feet of floor area or by the City Planner based on the anticipated use.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading: Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. Razor wire shall not be permitted in a C zoning district.

13.8.7 Mining And Quarrying

  1. Definition: The extraction of earth materials including oil and natural gas, by extracting directly from the exposed or buried deposits or other materials. The term mining includes, but is not limited to, such processes as open cut mining, open pit mining, strip mining, quarrying, drilling, and dredging.
  2. Parking: None.
  3. Loading: None.
  4. Additional Standards:
    1. Processing of the mined material (to the extent approved through the special exception process) may occur on the parcel where the mining is situated, or on a parcel owned or leased by the mining parcel owner, lessee, or operator provided the parcel is located within one thousand (1,000) feet of the mining parcel. No processing of oil or natural gas may occur at the site.
    2. Razor wire shall not be placed on any fence adjacent to the right-of-way, within the front setback, or along any property line that is not zoned for industrial uses.

13.8.8 Outdoor Storage

  1. Definition: The storage of vehicles, commercial goods, or materials in an open lot with no principal structure for more than twenty-four (24) hours. This excludes inoperable vehicle storage or salvage yards and active construction sites.
  2. Parking:
    1. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading: Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. Storage areas visible from public streets shall be screened with a fence or vegetative screen to a height of six (6) feet.
    2. Razor wire shall not be placed on any fence adjacent to the right-of-way, within the front setback, or along any property line that is not zoned for industrial uses.

13.8.9 Research And Development Facilities

  1. Definition: Facilities that are primarily office uses for scientific research that can include the design, development, and testing of biological, chemical, electrical, magnetic, mechanical, and/or optical components in advance of product manufacturing. This use does not include the fabrication, mass manufacture, or processing of products.
  2. Parking:
    1. One (1) space per three hundred (300) square feet of floor area or as required by the City Planner based on the anticipated use.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. Loading docks shall not be visible from the street.
    2. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. If located in or adjacent to a commercial use district, research and development facilities must have an architectural appearance and massing complementary to the adjacent commercial buildings.

13.8.10 Salvage Yard

  1. Definition: A facility or area for storing, selling, dismantling, shredding, compressing, or salvaging scrap, discarded materials, automobiles, or equipment. Salvage yards are not permitted within the city limits. Recycling centers shall not be considered salvage yards.

13.8.11 Trades And Skilled Services

  1. Definition: Businesses that offer services to the public that require skilled labor or craftsmanship for the repair and upkeep of structures and land including but not limited to plumbing services, carpentry services, heating/air conditioning services, landscaping services, and general construction.
  2. Parking:
    1. All trade and skilled service facilities are required to have one (1) space for each employee. If employee parking is provided in the rear of the building within an enclosed storage yard, parking development standards shall not apply.
    2. One (1) space for each vehicle operating from the premises shall be provided either in the parking lot or within an enclosed storage yard.
    3. Any retail portion of the building shall provide one (1) parking space for every three hundred (300) square feet of the retail floor area.
    4. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. A loading space may be required by the City Planner.
    2. Loading docks shall not be visible from the street.
    3. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. Storage yards visible from public streets shall be screened with an opaque fence or vegetative screen with a minimum height of six (6) feet.

13.8.12 Warehouse, Distribution, And Wholesale Services

  1. Definition: Industrial scale uses that provide large facilities for the transport, storage, and sale of goods to trade customers, but not the retail public, including but not limited to general freight storage and distribution of goods.
  2. Parking:
    1. One (1) parking space for each six hundred (600) feet of office space, one (1) parking space for every three thousand (3,000) square feet of additional indoor area, and one (1) space for each vehicle operating from the premises.
    2. An increase or decrease in the required parking may be required or permitted by the City Planner based on the anticipated use.
    3. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading: Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. Parking and storage of operable semi-trucks, trailers, and shipping containers associated with the business shall be allowed.
    2. The use of trailers and shipping containers for storage for more than five (5) contiguous days is not permitted.

13.9.1 Accessory Use Or Structures (Excluding Dwellings)

  1. Definition: An accessory use or structure that is incidental and subordinate to the principal use of the principal building. Structures with a kitchen area, full bathroom, electricity, and is heated or cooled shall be considered accessory dwellings.
  2. Accessory use or structure for residential uses
    1. Garage, carport, workshop, and pool houses
      1. No garage, carport, workshop, or pool house shall be erected within ten (10) feet of any other building unless attached to the principal structure, or within five (5) feet of a property line unless stated otherwise in a district’s base dimensional standards.
      2. No garage, carport, workshop, and pool house shall occupy more than thirty (30) percent of the required rear yard.
      3. An accessory structure shall not occupy any part of a required front yard or side yard except garages and carports if allowed in that district.
      4. A garage, carport, workshop, and pool houses cannot be used as an office or habitable space without meeting the requirements of the current adopted technical codes.
    2. Shed or storage building
      1. A maximum of one (1) shed or storage building shall be permitted on a property zoned for residential use.
      2. No shed or storage building shall be erected within ten (10) feet of any other building, or within five (5) feet of a property line unless stated otherwise in a district’s base dimensional standards.
      3. A shed or storage building shall not occupy any part of a required front yard or side yard except those that are constructed as a part of a garage or carport if allowed in that district.
      4. A shed or storage building cannot be used as an office or habitable space without meeting the requirements of the current adopted technical codes.
    3. Swimming pool
      1. Swimming pools shall be located in the rear yard a minimum of five (5) feet from any building or property line.
      2. Pool equipment shall not be located within the front yard. Pool equipment shall be screened from view from the right-of-way.
      3. The discharge of water from the pool or pump shall not be discharged onto adjacent property.
      4. Fencing shall be provided for all swimming pools as required by current building codes.
    4. Covered, open-air structure
      1. No covered, open-air structure shall be erected within five (5) feet of a property line.
      2. A covered open-air structure shall not occupy any part of a required front yard unless it is part of the principal structure and meets current building code.
    5. Outdoor living and recreation
      1. No outdoor living and recreation areas shall be erected within five (5) feet of a property line.
      2. Outdoor living and recreation areas shall not occupy any part of a required front yard.
      3. Decks without a cover are only allowed to encroach in the rear and side yard setback, provided that the edge of the deck is at least three (3) feet from any lot line and no more than thirty (30) inches above the finished grade at the lot line of the adjacent property.
    6. Fences
      1. From the street facing facade of any principal building to the right-of-way line of the streets, fences shall not be more than three and a half (3 ½) feet in height.
      2. Fences located behind the front facade of the principal building shall not exceed eight (8) feet in height.
      3. Razor wire shall not be placed on any fence.
      4. See development standards charts for additional fencing requirements.
    7. Community Sharing Structures (little free library, food pantry, toy share etc.)
      1. Community Sharing Structures shall be permitted as accessory freestanding facilities in residential areas
      2. A maximum of one (1) freestanding self-serve structure shall be permitted on a property zoned for residential use
      3. A community sharing structure shall not be erected within ten (10) feet of a side property line or within the site triangle of a driveway or street.
      4. The maximum height of a community sharing structure shall be no taller than six (6) feet.
      5. Community sharing structures shall be built to securely protect contents from weather hazards and be safely secured to the ground or wall.
      6. Community sharing structures shall not obstruct vehicular, bicycle, or pedestrian traffic.
  3. Accessory use or structure for commercial uses
    1. Shed or storage building used for storage for merchandise, supplies, and equipment
      1. No shed or storage building shall be erected within ten (10) feet of any other building, or within five (5) feet of a property line unless stated otherwise in a district’s base dimensional standards.
      2. A maximum of one (1) shed or storage building shall be permitted on a property zoned for commercial use.
      3. A shed or storage building cannot be used as an office or habitable space.
      4. A shed or storage building shall not occupy any part of a required front yard or side yard.
      5. A shed or storage building shall be limited to one (1) story in height.
    2. Freestanding self-serve structures (atms, vending machines, ice machines, donation bins, etc.)
      1. Freestanding self-serve structures or equipment shall be permitted as accessory freestanding facilities only when the location does not present a hazard to the motoring public, and they are lit and located in such a manner as to maximize the safety of the public using the facility.
      2. If a drive-thru is provided, the site must accommodate safe stacking space for up to three (3) vehicles.
      3. All associated utility connections to freestanding self-serve structures shall be designed to not be seen from the street or adjacent property. Free standing meter and breaker boxes shall not be permitted.
      4. The areas adjacent to any freestanding self-serve structure or equipment shall be kept clean and free from any trash or any other byproduct associated with the use.
      5. Contact information including name and address of the person or organization responsible for the structure shall be posted on the structure in a visible location.
    3. Outdoor cooking area that are accessory to a principal building.
      1. If possible, all outdoor cooking equipment shall be located on the side or rear of the principal building.
      2. The areas adjacent to any outdoor cooking equipment visible from the street shall be kept clean and free from any trash, ashes, wood stacks, or any other byproduct associated with cooking.
    4. Fences
      1. From the street facing facade of any principal building to the right-of-way line of the streets, fences shall not be more than three and a half (3 ½) feet in height.
      2. Fences located behind the front facade of the principal building shall not exceed eight (8) feet in height.
      3. Razor wire shall not be placed on any fence.
      4. See development standards charts for additional fencing requirements.
    5. Community Sharing Structures (little free library, food pantry, toy share etc.)
      1. Community Sharing Structures shall be permitted as accessory freestanding facilities in commercial areas
      2. A maximum of one (1) freestanding self-serve structure shall be permitted on a property zoned for residential use
      3. A community sharing structure shall not be erected within ten (10) feet of a side property line or within the site triangle of a driveway or street.
      4. The maximum height of a community sharing structure shall be no taller than six (6) feet.
      5. Community sharing structures shall be built to securely protect contents from weather hazards and be safely secured to the ground or wall.
      6. Community sharing structures shall not obstruct vehicular, bicycle, or pedestrian traffic.
  4. Accessory use or structure for Industrial uses
    1. Shed or storage building used for storage for merchandise, supplies, and equipment.
      1. No shed or storage building shall be erected within ten (10) feet of any other building, or within five (5) feet of a property line unless stated otherwise in a district’s base dimensional standards.
      2. A shed or storage building cannot be used as an office or habitable space on a property zoned for industrial use.
      3. A shed or storage building shall not occupy any part of a required front yard.
    2. Fences
      1. The maximum height of fences and walls shall be eight (8) feet above grade.
      2. Razor wire shall not be placed on any fence adjacent to the right-of-way, within the front setback, or along any property line that is not zoned for industrial uses.
      3. See development standards charts for additional fencing requirements.

13.9.2 Agriculture And Forestry

  1. Definition:
    1. Agriculture-The act of and business of raising or growing of crops, fowl, or livestock, provided such use does not constitute a nuisance or health hazard.
    2. Forestry- The act of harvesting timber grown on a property of more than ten (10) acres. The existence of a stand of timber on a property that is not a tree farm certified by the State of Mississippi shall not be considered a forestry site and cannot be cleared without an approved site plan for development. Proof of certification shall be required to be submitted prior to any approval for land clearing.
  2. Parking: None.
  3. Loading: None.
  4. Additional Standards:
    1. On undeveloped lots greater than five (5) acres in SD-2 and SD-6 districts, agricultural uses are allowed, provided such use does not constitute a nuisance or health hazard.
    2. In RN, S-E, CR, and O zoning districts with existing and/or conservation development use designation, the on-premise sales of agricultural products grown on the premise is allowed.
    3. Hooved animals are allowed only in RN, SD-2, SD-6, and O districts with existing use designation. A minimum of one (1) acre of pasture per hooved animal must be available. All cattle and horse boarding operations existing at the time of passage of the ordinance shall be exempt from this requirement and allowed to continue, but not expand as long as operations do not cease for a period of more than six (6) months. Once the use has ceased for six (6) months, the requirements of this section shall apply.
    4. In the RN, SD-2, SD-6, CR, TN-N, TN-E, T-4, S-E, and O districts with existing use designation, poultry is limited to one (1) hen per one thousand (1,000) square feet of yard not to exceed five (5) hens and must be kept in an enclosed area in the rear of the property. Roosters are not allowed. Any coop, hutch, or other structure for housing poultry, shall be fifteen (15) feet from any property line.
    5. Private gardens shall be permitted in any district provided such use does not constitute a nuisance or health hazard.
    6. Community gardens shall be permitted in RN, SD-2, SD-6, CR, TN-N, TN-E, T-4, S-I, S-E and O districts with existing use designation provided such use does not constitute a nuisance or health hazard.
    7. The community garden must be in active use for the growing and harvesting of crops. After the use has ceased for one (1) year, all supporting structures and organic material must be removed or shall be classified as a nuisance or health hazard and subject to code enforcement.
    8. All community gardens shall provide names and contact information for a minimum of three (3) individuals involved in the creation and maintenance of the community garden to the community development department.
    9. Forestry tracts located adjacent to public right-of-way shall leave a fifty (50) foot wide buffer of existing trees and vegetation along the entire length of the right-of-way.
    10. All forestry tracts within City limits shall provide erosion control plans to the building department for approval prior to obtaining a permit.
    11. A Performance Guarantee Agreement and an acceptable surety for potential damage to public infrastructure involved in forestry activities may be required at the discretion of the City Engineer.

13.9.3 Firing Range

  1. Definition: An indoor or outdoor facility for firearms training.
  2. Parking:
    1. One (1) space is required for each three hundred (300) square feet of gross floor area for indoor facilities.
    2. See zoning district base dimensional standards for parking location and setback requirements.
  3. Loading:
    1. Loading docks shall not be visible from the street.
    2. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way.
  4. Additional Standards:
    1. Outdoor firing ranges shall only be permitted in the S-I and CR zoning districts.
    2. The facility shall be designed to meet and comply with applicable federal and state laws.
    3. Indoor ranges must be designed so projectiles cannot penetrate the walls, floor or ceiling, and ricochets or back splatter cannot harm range users. Lead exposure shall follow EPA and OSHA guidelines to make sure that the facility is properly ventilated.
    4. Walls and partitions shall be designed to stop all projectiles fired on the range by containing or redirecting bullets to the backstop.
    5. Floors, walls, backstops, and ceilings must be able to contain the sound in addition to the bullet fired and be made of an acceptable engineering standard.

13.9.4 Parking Lots And Garages

  1. Definition: Open area or decked structure for parking vehicles. When accessory to a principal use on the same lot, parking lots and garages are not treated as a land use, but rather an accessory use to the principal use.
  2. Parking:
    1. Parking lots shall meet zoning district base dimensional standards for parking location and setback requirements.
    2. Parking garages shall meet zoning district base dimensional standards for building location and setback requirements.
  3. Loading: None.
  4. Additional Standards
    1. In T-5D, T-5C, and T-5U zoning districts the following additional standards shall apply:
      1. Parking lots shall be screened from view from the street by a building or solid masonry wall with a minimum height of three and a half (3 ½) feet and a maximum height of eight (8) feet.
      2. Private parking lots or pay lots with a gate shall be limited to either an ornamental metal gate or a single gate arm. The style and color of gates and other enclosures should be coordinated with nearby structures. No chain link gates or fences shall be permitted.
      3. Gates should operate so that they do not obstruct sidewalks, streets, bike paths, parking spaces, and similar facilities.
      4. Adequate stacking room should be provided between the gated entrance and the gate controller to avoid vehicular stacking across sidewalks, streets, bike paths, and similar facilities.
      5. Gate designs shall include emergency hardware to ensure proper emergency access to the satisfaction of the city fire, police, public works and utility departments.
      6. Pedestrians access shall be provided at each gated entrance.
      7. “Anti-directional” devices (i.e., metal spikes that can cause tire damage) at entrances and exits are prohibited.
      8. Parking garages shall not be permitted on the corner of any intersection.
      9. The ground story of a structured parking garage facing Main Street, University Drive, Russell Street, Lampkin Street and Highway 182 must have active uses such as residential, commercial, or office within the parking setback.
      10. Upper stories of parking garages along Main Street, University Drive, Russell Street, Lampkin Street, Highway 182, and Highway 12 must be screened so that cars are not visible from ground level view from adjacent property or from adjacent public rights-of way (not including alleys) and other public property.
      11. Parking garages must have an architectural appearance and massing complementary to the adjacent buildings and meet the development standards for that district.
    2. In C-N, C, CR, I, S-M, S-I, S-E, and O zoning districts with commercial or industrial use designation the following additional standards shall apply:
      1. Private parking lots or pay lots with a gate shall be limited to either an ornamental metal gate or a single gate arm. The style and color of gates, fences, and other enclosures should be coordinated with nearby structures. No chain link gates or fences shall be permitted.
      2. Gates should operate so that they do not obstruct sidewalks, streets, bike paths, parking spaces, and similar facilities.
      3. Adequate stacking room should be provided between the gated entrance and the gate controller to avoid vehicular stacking across sidewalks, streets, bike paths, and similar facilities.
      4. Gates shall be designed to allow vehicles to turn around in the driveway, without backing into the street
      5. Gate designs shall include emergency hardware to ensure proper emergency access to the satisfaction of the city fire, police, public works, and utility departments.
      6. Pedestrians access shall be provided at each gated entrance.
      7. “Anti-directional” devices (i.e., metal spikes that can cause tire damage) at entrances and exits are prohibited.
      8. Parking garages must have an architectural appearance and massing complementary to the adjacent buildings and meet the development standards for that district.

13.9.5 Telecommunication Facilities

  1. Definition: Towers, antennas, boxes, satellite dishes, cellular on wheels (COW), cellular on light truck (COLT), or related facilities for digital distribution of communication with accompanying maintenance structures and equipment.
    1. Exemptions
      1. Portable telecommunication facilities shall follow the requirements Section 13.9.7 and shall not be subject to the requirements of this section.
      2. Pre-existing towers and antennas. Any tower or antenna legally existing prior to the effective date of this Code shall be allowed to continue. However, any addition or modification to a pre-existing tower or antenna shall comply with all applicable requirements of this Code.
      3. Amateur radio and receive-only antennas. This Code shall not govern the installation of any tower or antenna that is owned or operated by a federally licensed amateur radio operator or is used exclusively for receive-only antennas. Commercial antennas attached to such tower or any tower modification made for accommodating such an antenna shall comply with all applicable requirements of this Code.
      4. Satellite dishes and other antennae. This Code shall apply to satellite dishes and other forms of antennas located within the City of Starkville, except that the following shall be exempt from the requirements of this Code:
        1. Any antenna or satellite dish described below that is mounted at a height no greater than 12 (twelve) feet above grade (this measurement includes both the height of the mast or tower to which the antenna is attached, as well as the height of the structure upon which it is mounted, such as a house, if applicable).
        2. That is designed to receive direct broadcast satellite service, including direct-to-home satellite services, that is three (3) feet or less in diameter; or
        3. That is designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, and that is three (3) feet or less in diameter.
        4. An antenna designed to receive television broadcast signals that is mounted at a height no greater than 12 (twelve) feet.
    2. Prohibitions.
      1. No temporary mobile communications sites are permitted except as authorized in Section 13.9.7.
      2. No advertising message or sign shall be affixed to any tower, antenna, or accessory structure including fences
      3. Towers shall not be artificially illuminated unless required by the FCC or FAA. Whenever a tower is required to have flashing lighting or illumination, the use of red flashing lights shall be required during the night time hours as opposed to white strobe lights unless otherwise federally mandated.
      4. Except for the provision of municipal utilities and services or for public safety, no part of any tower or antenna shall extend across or over any right-of-way, public street, public highway, public sidewalk, or property line.
      5. Towers shall be limited to a maximum of two hundred (200) feet, except if located in a residential zoning district. The maximum height of a tower shall be one hundred and fifty (150) feet in SD-2, SD-6, MU-9, TN-N, TN-E, T-4, T-5D, T-5C, T-5U, and O districts with residential use.
      6. No tower shall be erected on a lot or parcel within a platted residential subdivision recorded in the office of the clerk of the Chancery Court.
  2. Parking: None
  3. Loading: Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way
  4. Additional Standards:
    1. Application Requirements
      1. Application Form. All requests shall submit a complete application containing information as is outlined on the application form available in the Planning Department or on the website of the Planning Department.
      2. Application Fees. Application fees shall be in accordance with established fee schedule and due upon approval of the permit.
      3. Content. The application shall state the intended user(s) of the tower and shall include a statement prepared by the applicant that considers other alternatives to the proposed site and the impact of the proposed tower. This shall include a map of the desired coverage area identifying all existing towers and other sites with adequate land area to site a tower. The applicant shall justify the selection of the proposed site over the available alternative sites within the identified coverage area, weighing the relative impacts of the proposed site to other available sites; with particular consideration to the impact of the tower upon adjacent properties, historic areas, scenic vistas, and residential neighborhoods.
      4. Historic Preservation. If located within a historic district, the applicant shall provide a certificate of appropriateness for a proposed tower location or written proof of approval from the Mississippi Department of Archives and History as part of the application.
      5. Leasing or Ownership Requirement. The application shall include documentation of valid long-term leasehold or ownership interest in the underlying property. This shall include: (1) Proof of the establishment of a financially secure and legally enforceable method of removing a Tower when it ceases to be used for a period of 30 days; as required in Section 13.9.9(D)(7).
      6. Proof of Insurance. The application shall include proof that all towers and antennas are adequately insured for injury and property damage. Proof of insurance shall be provided to the City of Starkville with any application submitted under this Code.
    2. General Requirements
      1. Federal and State Requirements. All towers and antennas shall comply with Federal Communications Commission and Federal Aviation Administration rules and have all required licenses. Applications to erect new towers and antennas shall be accompanied by any required federal, state, or local agency license or application for such licenses. No permits shall be issued until proof of approval for any required license has been submitted.
      2. Technical Standards. Design and installation of all towers and antennas shall comply with the manufacturer’s specifications and with ANSI/TIA/EIA standards. Plans shall be approved and certified by a professional engineer registered in the State of Mississippi. The proposed site plan and tower design plans shall also meet or exceed all applicable standards, as may be amended, including those of the Federal Communications Commission (FCC), American National Standards Institute (ANSI), and the Institute of Electrical and Electronics Engineers (IEEE) Standards for power density levels and structural integrity; American Concrete Institute (ACI), American Standards Testing and Materials Institute (ASTM), The National Electrical Code, National Electrical Safety Code, and the American Steel Institute. The proposed site shall also be designed and built in compliance with Section 106 of the National Historic Preservation Act of 1996.
      3. Co-location Requirements. New tower applications shall address the extent to which co-location will be allowed in the future. Co-location potential for towers and Structures is strongly preferred, and substantial proof will be required if it is not offered. Where co-location is planned, towers and Structures shall be designed structurally and electrically for multi-tenant on the initial installation. Towers must also be designed to allow for future rearrangement of antennas on the tower to accept antennas mounted at different angles. The submittal shall include:
        1. Documentation of the number of other users that can be accommodated within the design parameters of the tower as proposed.
        2. A statement indicating the owner’s commitment to allow feasible shared use of the tower within its design capacity for co-location. This shall include a letter of intent committing the tower owner and his successors to allow co-location, if a potential user agrees in writing to pay a reasonable charge. The letter of intent shall be submitted with the application for a new tower filed in the planning office prior to any building permit being issued. New tower owners must demonstrate how co-location would potentially be situated on the site.
        3. Detailed construction plans or drawings prepared by an engineer licensed in the State of Mississippi certifying that the tower has sufficient structural integrity and equipment space to accommodate multiple users.
        4. New towers that are more than one hundred (100) feet tall, but less than two hundred (200) feet tall must be designed and built to accommodate no less than three (3) or more personal communication system carrier applications and must be made available upon reasonable terms for Co-location to at least three (3) additional single antenna applications. Additionally, the site must be sufficiently large to accommodate at least three (3) telecommunication equipment shelters, cabinets, or additions to existing structures.
        5. New towers that are two hundred (200) or more feet tall must be designed and built to accommodate at least three (3) personal communication system applications and at least three (3) additional single antenna applications, plus at least one (1) additional personal communications system application and at least one (1) additional single antenna application for each additional fifty (50) feet of height; to a maximum of six (6) personal service communication system carriers and six (6) single antenna applications to be made available upon reasonable terms for Co-location.
      4. Demonstration of Need. No new tower shall be permitted unless the applicant provides supporting evidence that no existing tower or structure can accommodate the applicant’s proposed antenna. Supporting evidence may consist of any of the following conditions:
        1. No existing towers or structures are located within the geographic area required to meet the applicant’s engineering requirements
        2. Existing towers or structures are not of sufficient height to meet the applicant’s engineering requirements.
        3. Existing towers or structures do not have sufficient structural strength to support applicant’s proposed antenna and related equipment.
        4. The applicant’s proposed system would cause electromagnetic interference with the system on the existing tower or structure, or the system on the existing tower or structure would cause interference with the applicant's proposed system.
        5. The fees, costs, or contractual provisions required by the owner to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs are considered reasonable if they conform to the standards of the industry or do not exceed new tower development.
        6. The applicant demonstrates that there are other limiting factors that render existing towers or structures unsuitable.
      5. Placement. Towers shall be sited to be as unimposing as practical. The applicant shall demonstrate that through location, construction, or camouflage, the proposed facility will have minimum visual impact upon the appearance of adjacent properties, views, and vistas of historic areas, scenic areas, and residential neighborhoods. False representations in an application shall be grounds for denial of a permit.
      6. Multiple Towers. An application to place multiple towers upon a single parcel shall require credible evidence that co-location is not practical. Any application for multiple towers on one parcel shall require approval as part of a special exception. vii. Design of Towers. The monopole design is the preferred tower structure. Use of guyed or lattice towers must be justified based on co-location opportunities or specific structural requirements. Camouflaged towers may be required in any residential district, form-based district, PUD, historic district, or commercial district as determined by the City of Starkville Board of Aldermen as part of a special exception request.
      7. Setbacks.
        1. Setbacks from Residential Structures. Towers shall be setback a distance equal to twice the height of the tower to any residential building(s) other than the residential building(s) on the parcel on which the tower is located.
        2. Setbacks from Property Lines. Tower structures shall be setback from all property lines a distance equal to the height of the tower. This setback may be reduced to one-half the height of the tower if the applicant submits a report sealed by a professional engineer registered in the State of Mississippi that certifies that the tower is designed and engineered to collapse upon failure within that reduced setback. No portion of the tower structure shall be designed or constructed so that the height of the tower allows it to fall across the property line of any abutting property.
      8. Screening and Landscaping. The tower location shall provide for the maximum amount of screening of the facility at ground level. The site shall be landscaped with a buffer of fencing and plant materials that screens the view of all tower accessory structures, equipment, and improvements from adjacent properties at ground level.
        1. The buffer shall be a minimum width of eight (8) feet with a six (6) to eight (8) foot opaque fence. The buffer width may be reduced to five (5) feet if a solid masonry wall is used in the place of a fence. A row of shrubs shall be planted along the entire length of the buffer with a maximum spacing of ninety percent (90%) of the shrubs expected spread within three (3) years of planting.
        2. Screening shall not be required if the base of the tower site is not visible from any adjacent property or right-of-way.
        3. Additional site landscaping is not required for antennas that are being co-located on existing towers, or which are being placed on other buildings or structures where the antenna is being allowed as an accessory use.
      9. Security Fencing, Lighting and Signs.
        1. All towers shall be reasonably protected against unauthorized access.
        2. Security lighting for on-ground facilities is permitted, if it is shielded to keep the light confined within the site.
        3. Signs shall be mounted on the fence enclosure, on or adjacent to the gate prohibiting unauthorized entry, warning of the danger from electrical equipment and unauthorized climbing of the tower. It shall also identify the owner of the tower and a telephone contact number in case of emergency.
      10. Maintenance. The property owner and/or lessee shall be responsible for the maintenance of all required landscaping. All landscaped area must present a healthy, neat, and orderly appearance and shall be kept free from refuse and weeds. Any dead or diseased plant material shall be replaced by the property owner and/or lessee with new plantings that meet the requirements at the time of permitting.
      11. Removal of Abandoned Antennas and Towers. The owner shall notify the city within thirty (30) days of an abandonment happening, and the owner will remove the tower, antenna, and/or any support facilities within six (6) months of cessation of operation. Shall the operator not inform the City of such abandonment, and it is found to be abandoned by the City, the facilities must be removed within thirty (30) days of receipt of notice by the City Planner. The removal of abandoned antennas and towers shall be the responsibility of the applicant company to whom the permit was issued or its successor company. After facilities are removed, the site shall be restored to its original or an improved condition, and anchoring elements shall be removed from the ground to within four (4) feet of ground level.
    3. Approval Criteria. In addition to meeting the requirements of Section 3.4, for the granting of special exceptions, all the following criteria shall also be considered in determining whether to approve a special exception for permanent telecommunication facility:
      1. The visual impact height of the proposed antenna on the adjacent properties.
      2. The proximity of the tower or antenna to adjacent structures and property.
      3. That technical or engineering requirements that limit placement of the tower or antenna in other areas to provide coverage.
      4. The availability of suitable existing towers and other structures for location or co-location.
      5. The surrounding topography, tree coverage, and foliage.
      6. The design of the tower or antenna of reducing or eliminating visual obtrusiveness

13.9.6 Temporary Uses

  1. Definition: A temporary use is a use that is intended to allow for the short-term placement of activities, many of which would not be allowed on a permanent basis within that zoning district.
  2. Parking: None
  3. Loading: None.
  4. Additional Standards:
    1. Garage or yard sales
      1. The sale of second hand goods owned by the person who occupies the residence in which the second hand goods are sold.
      2. A person shall not sell merchandise acquired solely for the purpose of resale at a garage or occasional sale. Sales may occur no more than four (4) times a year for no longer than three (3) days on each occurrence.
      3. No off-site signage is permitted for any garage or carport sales.
    2. Temporary sales
      1. The open sale of seasonal items including but not limited to: produce, crawfish, barbeque, Christmas trees, and pumpkins. Firework stands are not permitted with city limits.
      2. Temporary sales shall require a transient vendor's permit from the City of Starkville City Clerk’s Office.
      3. Temporary sales on private property shall not occupy any required parking space that is needed to meet the minimum requirements of the primary use of the property.
      4. Vendors shall secure written permission from the property owner of the site. Customers and employees of the temporary sales must be able to use the sanitary facilities of the sponsoring business owner.
      5. The vendor is responsible for the proper disposal of waste and trash associated with the operation. City trash receptacles are not to be used for this purpose. Vendors must provide their own trash receptacle on-site for patrons. Vendors must remove all waste and trash from their approved location at the end of each day or as needed to maintain the health and safety of the public. The vendor must keep all areas associated with the temporary sale and any associated seating area clean of grease, trash, paper, cups or cans associated with the vending operation. No liquid waste or grease is to be disposed in tree pits, storm drains, onto the sidewalks, streets, or other public space. Under no circumstances can grease be released or disposed of in the City’s sanitary sewer system.
      6. Vendor operating hours in all districts shall only operate between the hours of 6:00 a.m. and 12:00 a.m. Cleanup and removal of the pushcart or vehicle shall be completed within thirty (30) minutes of closing.
    3. Temporary Events
      1. Shall include carnivals, circus’, and/or fairs.
      2. Temporary events shall be required to be approved by the Board of Aldermen.
    4. Temporary Real Estate Office
      1. A temporary real estate office (e.g., mobile trailer), may be used in conjunction with an approved subdivision or development project, in any district for sales or leasing.
      2. The location of temporary real estate offices shall be illustrated on the approved site plan or infrastructure plan.
      3. Temporary real estate offices can be located on-site during the active construction process until a certificate of occupancy is issued for any part of the development or subdivision. After issuance of a certificate of occupancy, the temporary real estate office shall be removed from the property. A temporary real estate office may remain up to six (6) months after the certificate of occupancy with the approval of the City Planner.
    5. Temporary Construction Office and Storage
      1. A temporary construction office and storage can contain a contractor’s office and equipment sheds, including steel cargo storage containers.
      2. Temporary construction offices and storage are allowed in any district provided a building permit has been issued for construction on the site and such facilities are placed on the same lot of the building permit. After issuance of a certificate of occupancy, the temporary construction office and all storage structures shall be removed from the property.
      3. The location of temporary real estate offices shall be illustrated on the approved site plan or infrastructure plan.

13.9.7 Portable Telecommunication Facilities

  1. Definition. Portable cellular base station with accompanying equipment used to provide temporary wireless network coverage and/or capacity which includes but is not limited to: Cellular on wheels (COW) and Cellular on light truck (COLT).
  2. Parking: None
  3. Loading: None
  4. Additional Standards:
    1. Application Requirements
      1. Application Form. All requests shall submit a complete application containing information as is outlined on the application form available in the Planning Department or on the website of the Planning Department and shall be submitted to the City Planner a minimum of fourteen (14) days in advance of the requested date of the deployment.
      2. Application Fees. Application fees shall be in accordance with established fee schedule and due upon approval of the permit.
      3. Content. The application shall include a map of the desired coverage area for the portable telecommunication facilities and the event associated with the need for additional coverage. The applicant shall justify the selection of the proposed site.
      4. Duration. The application shall state the duration the portable telecommunication facility will be located on site. This shall include setup and takedown time.
      5. Leasing or Owner’s Agreement Requirement. The application shall include documentation of valid lease or agreement with the owner of the site that the portable telecommunication facility is proposed to be located.
      6. Proof of Insurance. The application shall include proof that all equipment associated with the portable telecommunication facility is adequately insured for injury and property damage. Proof of insurance shall be provided to the City of Starkville with any application submitted under this Code.
      7. Hold Harmless Agreement. The Applicant must execute a written agreement to indemnify the City and its officers and employees against all claims of injury or damage to persons or property, whether public or private, arising out of the use of the portable telecommunications facility.
      8. Permitting. After review and acceptance of an application, the City Planner may approve a permit for a portable telecommunication facility. The approval of the permit may be renewed at the discretion of City Planner.
    2. General Requirements
      1. Portable telecommunication facilities may be approved for special events, in the case of equipment failure of permitted telecommunication facilities, equipment testing, equipment replacement, or emergency situations.
      2. All portable telecommunication facilities shall comply with Federal Communications Commission and Federal Aviation Administration rules and have all required licenses. No permits shall be issued until proof of approval for any required license has been submitted.
      3. Notice to Remove. Within twelve (12) hours following written notice from the City, a notified wireless provider shall, at its own expense; remove, relocate, change or alter the position of any portable telecommunication facility.
      4. Emergency Removal or Relocation of Facilities. The City retains the right and privilege to cut or move any portable telecommunication facility located within the rights-of-way of the City, as the City may determine to be necessary, appropriate, or useful in response to any public health or safety emergency. If permitted by circumstances, the City shall notify the wireless provider in advance and provide the wireless provider an opportunity to move its own facilities prior to cutting or removing a facility; or, when circumstances do not permit, shall notify the wireless provider after cutting or removing any such facility.

13.9.8 Special Event Facility

  1. Definition: A facility or venue where both public and private special events such as a celebration, ceremony, wedding, reception, corporate function, or similar activity for the benefit of someone other than the property owner that takes place on a regular basis, involving the gathering of individuals assembled for the common purpose of attending a special event. Facilities may operate entirely within a structure, outside of a structure, or both inside and outside a structure. The facility where special events are permitted to occur is subject to a use agreement between a private group or individual and the facility owner and the facility may or may not charge a fee for the use of the facility such as for a fundraiser or a charitable non-profit event.
  2. Uses that are accessory to a single detached dwelling residential use including private parties, gatherings, and similar activities that are not subject to a use agreement between a private individual or groups and the homeowner are not defined as a special event and are not regulated under this section.
  3. Special event facilities located in a common building or club house as part of a subdivision or a private recreational club or facility in an SD-2 or SD-6 zoning district shall be permitted as a commercial use and held to additional standards.
  4. Parking: One (1) space per four (4) seats or one (1) space for every four (4) persons based upon maximum facility occupancy, whichever is greater.
  5. Loading:
    1. Loading docks shall not be visible from the street.
    2. Trucks delivering materials to and from the premises shall not be permitted to unload on the right-of-way
  6. Additional Standards:
    1. The request for a special exception for the use as a special event venue shall include a detailed site plan, description of all uses, an exhibit map showing the location and distance of the facility to the closest surrounding sensitive receptors such as single unit residences and other housing types
    2. Facilities must include improvements to accommodate special events, including access and circulation improvements, parking areas, water supplies, sewer systems, gathering areas, and other physical improvements necessary to accommodate special events.
    3. Traffic Management Plan:
      1. Adequate parking should be provided on-site. In the event that adequate parking cannot be provided on-site, a parking use agreement must be provided for any parking access off-site.
      2. Adequate ingress and egress shall be provided for all emergency vehicles.
      3. A traffic control plan to ensure an orderly and safe arrival, parking, and departure of all vehicles and to ensure that traffic will not back-up or block private easements, intersections, or driveways
      4. A parking attendant(s) shall direct traffic into the facility and towards available parking during the arrival of guests. Attendants shall direct traffic leaving the facility at the conclusion of the event.
    4. No special event facility shall be allowed to exceed an attendance level of five hundred (500) people.
    5. The hours of operation for a special event facility shall be from 8:00 am to 12:00 am. The hours of operation for a special event facility adjacent to single detached residential neighborhoods shall be from 9:00 am to 10:00 pm.
    6. No event facilities shall be located closer than fifty (50) feet from a property line of a single detached residential neighborhood, unless a greater distance is required under the zoning requirement or a greater distance is identified as being necessary as a part of the special use request to ensure compatibility with surrounding sensitive areas.
    7. A Type D landscape buffer shall be required if special event facility is adjacent to a single detached residential neighborhood.
    8. All outdoor lighting associated with the special event shall be turned off no later than 10:00 pm for a special event facility adjacent to single detached residential neighborhood. Parking lot lighting may remain on for a longer period if specified under the special exception request. Outdoor lighting shall be located, adequately shielded, and directed such that no direct light falls outside the property line, or into the public right-of-way.
    9. A non-internally lit monument sign type is allowed for Special Event Facility in RN, SD-2, SD-6, TN-N, TN-E, and O zoning district, but shall be limited to thirty-two (32) square feet in sign area and 5 feet in height. Location and Additional Requirements standards for monument signs shall be adhered to.
    10. Overnight stays are prohibited unless approved as a bed and breakfast.
    11. A violation of any of these provisions is subject to nuisance abatement.
    12. Special Event Facility shall not be permitted as a use on the first floor of any building located in a T-5D, T-5C, or T-5U zoning district.
    13. If located within a residential zoning district, the Section 7 Commercial Use Districts dimensional standards CN (Commercial Neighborhood) and Section 14 Development Standards for CN (Commercial Neighborhood) shall be followed.

13.9.9 Small Cell Telecommunication Facilities

  1. Definition: Small Cell Telecommunication Facilities means a low-powered antenna (node) that has a range of thirty feet (30’) to one and a quarter (1 ¼) miles which includes any associated equipment. Small Cell Telecommunication Facilities include but are not limited to, devices generally known as microcells, picocells, and femtocells.
    1. Exemptions. 
      1. Pre-existing small cell telecommunication facilities legally existing prior to the effective date of this Section 13.9.9 shall be allowed to continue. However, any addition or modification to a pre-existing small cell telecommunication facility shall comply with all applicable requirements of Section 13.9.9.
      2. Any pre-existing or future small cell telecommunication facilities located on property owned by Mississippi State University that is within the city limits of the city of Starkville shall not be required to meet the requirements of Section 13.9.9.
    2. Prohibitions.
      1. No advertising message or sign shall be affixed to any small cell telecommunication facility, accessory equipment, or DAS and/or small cell technology wireless support structure unless required by the FCC.
      2. Small cell telecommunication facility, support structure, or DAS and/or small cell technology wireless support structure shall not include any permanently installed lights unless otherwise required for compliance with FAA and FCC regulations, and/or Starkville Utilities requirements. Any lights associated with the electronic equipment shall be appropriately shielded from public view.
      3. Small cell telecommunication facilities shall not be placed on decorative or architecturally significant poles within the right-of-way.
      4. Small cell telecommunication facilities shall not be placed on private property zoned SD-2, SD-6, TN-N, TN-E, MDU-9, MDU-20, or O-TN unless that property is shown as a common area or common use area on the official subdivision plat or approved site plan.
      5. Small cell telecommunication facilities shall not be installed or placed on any sign on either private property or right-of-way.
      6. Support structures built for the sole purpose of installing a small cell telecommunications facility are prohibited within the right-of-way.
  2. Small Cell Telecommunication Facilities on Private Property
    1. Application
      1. Application Form. All requests shall submit a complete application containing the information as outlined on the application form available in the Community Development Department or on the website (www.cityofstarkville.org).
      2. Application Fee. Application fees shall be in accordance with the established fee schedule and due upon approval of the permit.
      3. Content. The application shall state the intended user(s) of the small cell telecommunication facility and shall include a statement prepared by the applicant that considers other alternatives to the proposed site and the impact of the proposed small cell telecommunication facility. This shall include a map of the desired coverage area identifying all existing small cell telecommunication facilities and other sites that could adequately support a small cell telecommunication facility. The applicant shall justify the selection of the proposed site over the available alternative sites within the identified coverage area, weighing the relative impacts of the proposed site to other available sites; with particular consideration to the impact of the small cell telecommunication facility upon adjacent properties, historic areas, scenic vistas, and residential neighborhoods.
      4. Proof of Insurance. The application shall include proof that all small cell telecommunication facilities and/or accessory equipment are adequately insured for injury and property damage. Proof of insurance shall be provided to the City of Starkville with any application submitted under this Code.
      5. Historic Districts. If located within a historic district, the applicant shall obtain a certificate of appropriateness for a proposed small cell telecommunication facility and/or accessory equipment located within a local historic district. For state or federally designated landmarks, landmark sites, and/or historic districts, written proof of approval from the Mississippi Department of Archives and History shall be included as part of the application.
    2. General Requirements
      1. Federal and State. All small cell telecommunication facilities shall comply with Federal Communications Commission rules and have all required licenses. Applications to place new small cell facilities shall be accompanied by any required federal, state, or local agency license or application for such licenses. No permits shall be issued until proof of approval for any required license has been submitted.
      2. Technical Standards. Design and installation of all small cell telecommunication facilities and/or accessory equipment shall comply with the manufacturer’s specifications and with ANSI/TIA/EIA standards. Plans shall be approved and certified by a professional engineer registered in the State of Mississippi. The proposed site plan and small cell telecommunication facility design plans shall also meet or exceed all applicable standards, as may be amended, including those of the Federal Communications Commission (FCC), American National Standards Institute (ANSI), and the Institute of Electrical and Electronics Engineers (IEEE) Standards for power density levels and structural integrity; American Concrete Institute (ACI), American Standards Testing and Materials Institute (ASTM), The National Electrical Code, National Electrical Safety Code, and the American Steel Institute. The proposed site shall also be designed and built in compliance with Section 106 of the National Historic Preservation Act of 1996
      3. Co-location Requirements. New small cell telecommunication facility applications shall address the extent to which co-location will be allowed in the future. Co-location potential for small cell telecommunication facilities and structures is strongly preferred, and substantial proof will be required if it is not offered. Where co-location is planned, small cell telecommunication facilities and accessory equipment shall be designed structurally and electrically for multi-tenant on the initial installation. The submittal shall include:
        1. Documentation of the number of other users that can be accommodated within the design parameters of the small cell telecommunication facility as proposed.
        2. A statement indicating the owner’s commitment to allow feasible shared use of the small cell telecommunication facility within its design capacity for co-location. This shall include a letter of intent committing the small cell telecommunication facility owner and his successors to allow co-location if a potential user agrees in writing to pay a reasonable charge. The letter of intent shall be submitted with the application for a new small cell telecommunication facility filed in the planning office prior to any permit being issued. New small cell telecommunication facility owners must demonstrate how co-location would potentially be situated on the structure.
        3. Detailed construction plans or drawings prepared by an engineer licensed in the State of Mississippi certifying that the small cell telecommunication facility has sufficient structural integrity and equipment space to accommodate multiple users.
      4. Demonstration of Need. No new small cell telecommunication facility shall be permitted unless the applicant provides supporting evidence that no existing small cell telecommunication facility can accommodate the applicant’s proposed antenna. Supporting evidence may consist of any of the following conditions:
        1. No small cell telecommunication facilities or structures are located within the geographic area required to meet the applicant’s engineering requirements
        2. Existing small cell telecommunication facilities or structures do not have sufficient structural strength to support the applicant’s proposed antenna and related equipment.
        3. The applicant’s proposed system would cause electromagnetic interference with the system on the existing small cell telecommunication facility or structure, or the system on the existing small cell telecommunication facility or structure would cause interference with the applicant's proposed system.
        4. The fees, costs, or contractual provisions required by the owner to share an existing small cell telecommunication facility or structure or to adapt an existing small cell telecommunication facility or structure for sharing are unreasonable. Costs are considered reasonable if they conform to the standards of the industry or do not exceed a new small cell telecommunication facility.
        5. The applicant demonstrates that other limiting factors render existing small cell telecommunication facilities or structures unsuitable.
      5. Placement. Small cell telecommunication facilities shall be located and/or sited to be as unimposing as practical. The applicant shall demonstrate that through location, construction, design, or camouflage, the proposed facility will have a minimum visual impact upon the appearance of the existing structure(s), adjacent properties, historic landmarks, historic landmark sites, historic districts, scenic areas, commercial districts, form-based districts, and residential use districts.
      6. Multiple Onsite Small Cell Telecommunication Facilities. An application to place multiple small cell telecommunication facilities upon a single structure or site shall require credible evidence that co-location is not practical. Any application for multiple small cell telecommunication facilities on one structure or site shall require approval as part of a special exception.
      7. Removal of Abandoned Small Cell Facilities and Structures.
        1. Abandonment associated with small cell telecommunications facilities in the sections means that, following the placement of DAS and/or small cell technologies facilities (and associated accessory equipment) or support structures in the city pursuant to a permit issued to a provider or an applicant, any of the following has occurred:
          1. For any reason the facilities cease to be used to transmit signals, data, or messages or otherwise be used for their intended purposes for a period of ninety (90) calendar days or more.
          2. The city revokes the permit for placement and use of those facilities due to nonpayment of applicable fees, the failure of the provider or applicant to comply with conditions in the permit, or in Section 13.9.9.
          3. The provider or applicant fails to perform any of its responsibilities, obligations, and requirements in Section 13.9.9, or in the permit issued for the installation, construction, maintenance, use, or operation of the facilities, accessory equipment, or support structures, and that breach remains uncured for a period of ninety (90) calendar days after the city provides written notice of the breach to the provider or applicant.
          4. The owner shall notify the city within thirty (30) calendar days of an abandonment happening, and the owner will remove the small cell telecommunication facility, antenna, and/or any support facilities within ninety (90) calendar days of cessation of operation. Shall the operator not inform the City of such abandonment, and if it is found to be abandoned by the City, the facilities must be removed within thirty (30) calendar days of receipt of notice by the City. The removal of abandoned antennas and small cell telecommunication facilities shall be the responsibility of the applicant company to whom the permit was issued or its successor company. If neither the company nor its successor can be located, removal of the equipment shall be the responsibility of the property owner for which the small cell telecommunication facility is located. After facilities are removed, the structure and site shall be restored to their original or improved condition.
    3. Design Requirements
      1. Any deviation from the design requirements shall require special exception approval.
      2. The maximum dimensions for panel-style antennas shall be thirty (30) inches high and twelve (12) inches wide. The maximum dimensions for canister-style antennas shall be thirty (30) inches high and sixteen (16) inches in diameter.
      3. Any roof-mounted antennas associated with a small cell telecommunication facility shall meet the following requirements:
        1. Antennas located on a flat roof with or without a parapet shall not extend more than five (5) feet above the highest point of the roof or parapet or be placed within five (5) feet of any edge of the roof.
        2. Antennas located on a sloped roof shall not extend more than five (5) feet above the highest point of the roof or be located on any roof slope adjacent to a right-of-way
      4. Wall-mounted antennas associated with a small cell telecommunication facility shall meet the following requirements:
        1. Wall-mounted antennas shall be enclosed in a cabinet that is colored and textured to match the surface it is mounted on.
        2. Unless determined to be unfeasible by the Planning Department based on documentation provided by the applicant, wall mounted antennas cannot be located on any street facing facade of any building.
        3. All wall-mounted antennas and equipment shall be installed as flush with the wall as possible.
        4. The use of all available stealth technologies shall be required.
      5. Pole-mounted antennas associated with a small cell telecommunication facility shall meet the following requirements:
        1. Antennas mounted to new and existing poles or support structures located within the front yard of a site shall be enclosed in a cabinet color to match the color of the pole or structure.
        2. Any new pole or support structure installed for the purpose of providing a pole-mounted antenna that is located within the front yard of a site shall be a decorative type pole that is contextually compatible and designed to blend in with the surrounding structures.
        3. The use of all available stealth technologies to incorporate the antenna and equipment into the pole shall be required.
      6. All associated equipment located within the front yard of a site shall be located underground in an underground box enclosure.
      7. All associated equipment located on a side or rear yard of a site shall be either placed underground in an underground box enclosure or in an equipment cabinet painted to blend in with the surrounding landscape.
      8. All exposed wiring shall be placed in a conduit that is colored and textured to match the surface it is attached to.
    4. Approval Criteria
      1. No adverse visual impact of the proposed small cell telecommunication facilities or accessory equipment as seen from the right-of-way and/or adjacent properties.
      2. The proximity of the small cell facilities or antenna to adjacent structures and property.
      3. Demonstration that the technical or engineering requirements limit the placement of the small cell facility or antenna in other areas to provide coverage.
      4. Demonstration that suitable existing small cell facilities and other structures for location or co-location are not feasible.
      5. The design of the small cell telecommunication facilities and/or accessory equipment is inconspicuous as possible and reduces or eliminates any visual obtrusiveness.
      6. False representations in an application shall be grounds for denial of a permit.
    5. Appeal. Any decision by the Planning Department to deny an application for a small cell telecommunication facility that does not require a variance, waiver, use exception, or special exception may be appealed in accordance with Section 3.8.
  3. Small Cell Telecommunication Facilities in Right-of-Way
    1. Application
      1. Application Form. All requests shall submit a complete application containing the information as outlined on the application form available in the Community Development Department or on the website (www.cityofstarkville.org).
      2. Application Fee. Application fees shall be in accordance with the established fee schedule and due upon approval of the permit.
      3. Content. The application shall state the intended user(s) of the small cell telecommunication facility and shall include a statement prepared by the applicant that considers other alternatives to the proposed site and the impact of the proposed small cell telecommunication facility. This shall include a map of the desired coverage area identifying all existing small cell telecommunication facilities and other sites that could adequately support a small cell telecommunication facility. The applicant shall justify the selection of the proposed site(s) over the available alternative sites within the identified coverage area, weighing the relative impacts of the proposed site to other available sites; with particular consideration to the impact of the small cell telecommunication facility upon adjacent properties, historic areas, scenic vistas, and residential neighborhoods.
      4. Proof of Insurance. The application shall include proof that all small cell telecommunication facilities and/or accessory equipment are adequately insured for injury and property damage. Proof of insurance shall be provided to the City of Starkville with any application submitted under this Code.
      5. Historic Districts. If located within the right-of-way of a historic district, the applicant shall obtain a certificate of appropriateness for a proposed small cell telecommunication facility and/or accessory equipment located within a local historic district. For state or federally designated landmarks, landmark sites, and/or historic districts, written proof of approval from the Mississippi Department of Archives and History shall be included as part of the application.
    2. General Requirements
      1. Federal and State. All small cell telecommunication facilities shall comply with Federal Communications Commission rules and have all required licenses. Applications to place new small cell facilities shall be accompanied by any required federal, state, or local agency license or application for such licenses. No permits shall be issued until proof of approval for any required license has been submitted.
      2. Technical Standards. Design and installation of all small cell telecommunication facilities and/or accessory equipment shall comply with the manufacturer’s specifications and with ANSI/TIA/EIA standards. Plans shall be approved and certified by a professional engineer registered in the State of Mississippi. The proposed site plan and small cell telecommunication facility design plans shall also meet or exceed all applicable standards, as may be amended, including those of the Federal Communications Commission (FCC), American National Standards Institute (ANSI), and the Institute of Electrical and Electronics Engineers (IEEE) Standards for power density levels and structural integrity; American Concrete Institute (ACI), American Standards Testing and Materials Institute (ASTM), The National Electrical Code, National Electrical Safety Code, and the American Steel Institute. The proposed site shall also be designed and built in compliance with Section 106 of the National Historic Preservation Act of 1996
      3. Co-location Requirements. New small cell telecommunication facility applications shall address the extent to which co-location will be allowed in the future. Co-location potential for small cell telecommunication facilities and structures is strongly preferred, and substantial proof will be required if it is not offered. Where co-location is planned, small cell telecommunication facilities and accessory equipment shall be designed structurally and electrically for multi-tenant on the initial installation. The submittal shall include:
        1. Documentation of the number of other users that can be accommodated within the design parameters of the small cell telecommunication facility as proposed.
        2. A statement indicating the owner’s commitment to allow feasible shared use of the small cell telecommunication facility within its design capacity for co-location. This shall include a letter of intent committing the small cell telecommunication facility owner and his successors to allow co-location if a potential user agrees in writing to pay a reasonable charge. The letter of intent shall be submitted with the application for a new small cell telecommunication facility filed in the planning office prior to any permit being issued. New small cell telecommunication facility owners must demonstrate how co-location would potentially be situated on the structure.
        3. Detailed construction plans or drawings prepared by an engineer licensed in the State of Mississippi certifying that the small cell telecommunication facility has sufficient structural integrity and equipment space to accommodate multiple users.
      4. Demonstration of Need. No new small cell telecommunication facility shall be permitted unless the applicant provides supporting evidence that no existing small cell telecommunication facility can accommodate the applicant’s proposed antenna. Supporting evidence may consist of any of the following conditions:
        1. No small cell telecommunication facilities or structures are located within the geographic area required to meet the applicant’s engineering requirements
        2. Existing small cell telecommunication facilities or structures do not have sufficient structural strength to support the applicant’s proposed antenna and related equipment.
        3. The applicant’s proposed system would cause electromagnetic interference with the system on the existing small cell telecommunication facility or structure, or the system on the existing small cell telecommunication facility or structure would cause interference with the applicant's proposed system.
        4. The fees, costs, or contractual provisions required by the owner to share an existing small cell telecommunication facility or structure or to adapt an existing small cell telecommunication facility or structure for sharing are unreasonable. Costs are considered reasonable if they conform to the standards of the industry or do not exceed a new small cell telecommunication facility.
        5. The applicant demonstrates that other limiting factors render existing small cell telecommunication facilities or structures unsuitable
      5. Placement.
        1. Small cell telecommunication facilities shall be located and/or sited to be as unimposing as practical. The applicant shall demonstrate that through location, construction, design, or camouflage, the proposed facility will have a minimum visual impact upon the appearance of the existing support structure, adjacent properties, historic landmarks, historic landmark sites, historic districts, scenic areas, commercial districts, form-based districts, and residential use districts.
        2. All small cell telecommunication facilities, support structures, and accessory equipment shall be located to avoid any physical or visual obstruction to pedestrian or vehicular traffic or any other location that would create safety hazards to pedestrians, cyclists, or motorists.
        3. Starkville Utilities will determine if the use of any existing pole or structure within the right-of-way can be reasonably accommodated. The cost of upgrading any existing pole or structure with the right-of-way shall be reimbursed by the applicant at an agreed cost prior to installation of the upgraded pole or structure.
        4. Starkville Utilities will determine if the proposed location has adequate electrical services for the placement of a small cell telecommunication facility on any existing pole or structure within the right-of-way. The cost of upgrading services to any existing pole or structure with the right-of-way shall be reimbursed by the applicant at an agreed cost prior to the installation of the upgraded services.
        5. For a proposed location to be eligible for a small cell telecommunication facility, adequate space for placement of underground equipment in the right-of-way shall be available. If it is determined by Starkville Utilities that adequate space is not available at that location, an alternative location shall be used.
      6. Removal of Abandoned Small Cell Facilities and Structures.
        1. Abandonment associated with small cell telecommunications facilities in the sections means that, following the placement of DAS and/or small cell technologies facilities (and associated accessory equipment) or support structures in the city pursuant to a permit issued to a provider or an applicant, any of the following has occurred:
          1. For any reason the facilities cease to be used to transmit signals, data, or messages or otherwise be used for their intended purposes for a period of ninety (90) calendar days or more.
          2. The city revokes the permit for placement and use of those facilities due to nonpayment of applicable fees, the failure of the provider or applicant to comply with conditions in the permit, franchise agreement, or in Section 13.9.9.
          3. The provider or applicant fails to perform any of its responsibilities, obligations, and requirements in Section 13.9.9, the franchise agreement, or in the permit issued for the installation, construction, maintenance, use, or operation of the facilities, accessory equipment or support structures, and that breach remains uncured for a period of ninety (90) calendar days after the city provides written notice of the breach to the provider or applicant.
        2. The owner shall notify the city within thirty (30) days of an abandonment happening, and the owner will remove the small cell telecommunication facility, antenna, and/or any support facilities within ninety (90) calendar days of cessation of operation. Shall the operator not inform the City of such abandonment, and if it is found to be abandoned by the City, the facilities must be removed within thirty (30) calendar days of receipt of notice by the City. The removal of abandoned antennas and small cell telecommunication facilities shall be the responsibility of the applicant company to whom the permit was issued or its successor company. After facilities are removed, the structure and site shall be restored to their original or improved condition.
    3. Design Requirements
      1. Any deviation from the design requirements shall require special exception approval.
      2. The maximum dimensions for panel-style antennas shall be thirty (30) inches high and twelve (12) inches wide. The maximum dimensions for canister-style antennas shall be thirty (30) inches high and sixteen (16) inches in diameter.
      3. All antennas shall be painted or colored to match the pole or structure.
      4. When pole-mounted equipment is permitted, the equipment must be concealed within a single shroud or cabinet and must contain all the equipment associated with the facility other than the antenna including but limited to, the electric meter and disconnect switch. All cables and conduits associated with the equipment must be concealed from view, routed directly through the tapered metal pole, and underground between the pole and the ground-mounted cabinet. Wood poles must use conduit to conceal cables and wires from view.
      5. Pole-mounted equipment cabinets may not extend more than twenty-four (24) inches from the face of the pole. No overhead cables, electric or otherwise, shall be permitted.
      6. Standoff mounts for any equipment may not exceed four (4) inches.
      7. No ground-mounted equipment shall be permitted within the right-of-way. Equipment shall be permitted only in underground box enclosures within the right-of-way.
      8. All exposed wiring shall be placed in a conduit that is colored and textured to match the surface it is attached to.
      9. The use of all available stealth technologies to incorporate the antenna and equipment into the pole and surrounding area shall be required.
    4. Franchise and/or Joint Use Attachment agreements for other uses of right-of-way. A franchise and/or Joint Use Attachment agreement approved by the Board of Aldermen shall be required to be in place prior to the installation of any small cell telecommunication facility within the right-of-way in the city of Starkville.
    5. Approval Criteria
      1. No adverse visual impact of the proposed small cell telecommunication facilities or accessory equipment.
      2. The proximity of the small cell telecommunication facilities or antenna to adjacent structures and property.
      3. Demonstration that the technical or engineering requirements limit the placement of the small cell facility or antenna in other areas to provide coverage.
      4. Demonstration that suitable existing small cell facilities and other structures for location or co-location are not feasible.
      5. The design of the small cell telecommunication facilities and/or accessory equipment is inconspicuous as possible and reduces or eliminates any visual obtrusiveness.
      6. The selected location of the small cell telecommunication facility has adequate structural requirements, spatial requirements, and meets the design requirements.
      7. False representations in an application shall be grounds for denial of a permit.
      8. Appeal. Any decision by Starkville Utilities to deny an application for a small cell telecommunication facility that does not require a variance, waiver, use exception, or special exception may be appealed in accordance with Section 3.8.
HISTORY
Adopted by Ord. 2023-01 on 2/21/2023

13.9.10 Portable Storage Containers And Construction Dumpsters

  1. Definitions
    1. Portable Storage Container -any container, including, but not limited to, a single storage unit, cargo container, shipping container, semi-trailer, truck box, rail car, shed-like container, or other portable structure (other than a permanent accessory building as defined in this code) that is used for the temporary storage of items and property of any kind, and which is located for such purposes outside an enclosed building.
    2. Construction Dumpster - any container used for waste associated with any type of construction.
  2. Permitting
    1. A permit shall be required for the placement and use of any portable storage container on private property in any residential zoning district that is in place for more than ten (10) days.
    2. A permit shall be required for the placement and use of any portable storage container on private property or within the right-of-way in any residential, commercial, or mixed-use zoning district that is associated with commercial activity.
    3. A permit shall be required to place a construction dumpster on private property or within the right-of-way in any residential zoning district. An active permit issued by the building department for on-site activity is required to be eligible for a construction dumpster permit.
    4. Permits for portable storage containers and construction dumpsters are only valid for the location for which the permit was issued.
    5. Valid Permit shall be displayed on the portable storage container or dumpster and be visible from the street side.
  3. Portable Storage Containers on Private Property
    1. No more than one portable storage container shall be on a property at any given time. 
    2. A portable storage container shall not remain on a property in excess of thirty (30) consecutive calendar days and shall not be placed at any one property in excess of sixty (60) days in a twelve (12) month period, except for construction purposes. 
    3. Portable storage containers for construction purposes are permitted during ongoing construction on a property for which a building permit has been issued and remains valid, and work is actively progressing. Such portable storage containers shall be removed from that property within seven calendar days of the final inspection or occupancy permit being issued pursuant to the building permit.
    4. A portable storage container shall not be placed closer than five (5) feet to any property lines and within five (5) feet of the nearest wall of any building.
    5. A portable storage container shall be placed on a hard surface such as asphalt, concrete, or compacted gravel. If no such location is available on the property, an alternate location shall be applied for and may be approved by the Building Official.
    6. An extension to the time limit for placement of a portable storage container may be granted, provided that such extension shall not be for more than thirty (30) calendar days and that no more than two (2) extensions shall be granted in any given calendar year.
    7. On application, the Community Development Department may waive or modify the provisions of this section and allow such placement of portable storage containers as it determines is reasonable and necessary to address unusual or exceptional circumstances, including but not limited to casualty or natural disaster. 
    8. No portable storage containers will be allowed which are not maintained in good repair and free from deterioration, graffiti, or other damage.
  4. Construction Dumpsters on Private Property
    1. A construction dumpster shall not remain on a property in excess of thirty (30) consecutive calendar days and shall not be placed at any one property in excess of sixty (60) days in a twelve (12) month period, except for construction purposes. 
    2. A construction dumpster for construction purposes is permitted during ongoing construction on a property for which a building permit has been issued and remains valid and work is actively progressing. Such construction dumpsters shall be removed from that property within seven calendar days of the final inspection or occupancy permit being issued pursuant to the building permit.
    3. A construction dumpster shall not be placed closer than five (5) feet to any property lines and within five (5) feet of the nearest wall of any building.
    4. A construction dumpster shall be placed on a hard surface such as asphalt, concrete, or compacted gravel. If no such location is available on the property, an alternate location shall be applied for and may be approved by the Building Official.
    5. An extension to the time limit for placement of a construction dumpster may be granted, provided that such extension shall not be for more than thirty (30) calendar days and that no more than two (2) extensions shall be granted in any given calendar year.
    6. On application, the Community Development Department may waive or modify the provisions of this section and allow such placement of construction dumpsters as it determines is reasonable and necessary to address unusual or exceptional circumstances, including but not limited to casualty or natural disaster. 
  5. Portable Storage Containers and Construction Dumpsters
    1. The applicant for a Portable Storage Containers and/or Construction Dumpsters Permit shall be responsible for notifying all affected businesses and residences which adjoin the property or properties being served by the dumpster or container prior to initial placement. 
    2. A portable storage container shall not be larger than eight (8) feet wide, eight (8) feet high, and twenty (20) feet long.
    3. Portable Storage Containers and Construction Dumpsters must be placed at least thirty (30) feet from stop signs, stop bars, crosswalks, and street intersections and at least ten (10) feet from all driveway entrances. A variance may be granted by the City Engineer upon written request from the applicant when compliance with this requirement cannot be achieved. 
    4. Portable Storage Containers and Construction Dumpsters must be placed against the curb or edge of pavement and shall not extend into the travel lane of streets. 
    5. While the Portable Storage Containers and Construction Dumpsters are occupying the public street right-of-way, any adjacent public sidewalk must remain open and unobstructed. 
    6. Portable Storage Containers and Construction Dumpsters shall be maintained to ensure a neat and clean appearance. The name and contact information, including phone number, of the dumpster or container company shall be prominently displayed on at least two sides of the dumpster or container. 
    7. Access to fire hydrants and fire department connections shall not be blocked. 
    8. Use traffic cones and reflective tape to signal the presence of Portable Storage Containers and Construction Dumpsters on the street at all times.
    9. Portable Storage Containers and Construction Dumpsters may be required to be removed from public streets or other public property during approved special events.
    10. The immediate area around any Construction Dumpster shall be kept clean and sanitary at all times. All solid waste must be fully enclosed in the container, with all unit doors kept closed and drain plugs tightly secured.
    11. Portable Storage Containers and Construction Dumpsters, once placed at an approved and permitted location, shall not be moved to a nearby location to circumvent any of the requirements of this section. 
    12. The placement of Portable Storage Containers and Construction Dumpsters within the rights-of-way or on city property is subject to all applicable provisions of the Unified Development Code. Failure, or refusal, by the Applicant or Permittee to abide by the terms and conditions of a Permit shall be grounds for revocation of the Permit.
HISTORY
Adopted by Ord. 2023-03 on 7/5/2023

13.9.11 Portable Restroom Facilities

  1. Definition: Portable Restroom Facility- Any type of structure or facility used as a restroom, toilet, washroom, or urinal that is temporary or mobile in nature.
  2. Portable Restroom Facilities for Special Events.
    1. Permitted only as part of an approved Special Event Permit in accordance with the Special Events Policy.
    2. The location of portable restroom facilities shall be illustrated on the event map.
    3. Portable restroom facilities shall be located as far away from residentially occupied property as possible.
    4. All portable restroom facilities shall be removed at the conclusion of the takedown for the event.
  3. Portable Restroom Facilities for Construction Projects.
    1. Permitted only when associated with an active building permit.
    2. Only permitted within the right-of-way for infrastructure projects.
    3. All portable restroom facilities shall be removed from the lot before a Certificate of Occupancy is issued.
    4. Portable restroom facilities shall be located as far away from residentially occupied property as possible.
  4. Portable Restroom Facilities for Temporary Use.
    1. Permitted only by permit from the Building Department.
    2. The location of portable restroom facilities shall be illustrated on a map or plan.
    3. Only permitted for a maximum period of three (3) days.
    4. Only permitted for a maximum of nine (9) periods within a calendar year.
    5. Portable restroom facilities shall be located as far away from residential occupied property and public view as possible.
Use Chart - Residential

Residential

Residential Use Districts

Commercial / Industrial Use Districts

Form-Based Districts

Special Districts

O-Use Categories

 

RN

SD-2

SD-6

TN-N

TN-E

MDU-9

MDU-20

CN

C

CR

I

T-4

T-5D

T-5C

T-5U

S-M

S-I

S-E

O-TND

O-CD

O-I

O-C

O-E

O-TN

P = Permitted Use   A= Permitted Use with Additional Standards        UE = Use Exception        SE = Special Exception       -- =Not Permitted

Dwelling, Detached
sec.13.5.1

P

P

P

P

P

P

P

SE

SE

P

--

P

--

--

--

--

--

--

P

P

--

--

P

P

Dwelling, Accessory Unit
sec.13.5.2

SE

SE

SE

SE

SE

--

--

--

--

SE

--

A

--

--

A

--

--

--

A

SE

--

--

SE

SE

Dwelling, Attached Duplex
sec.13.5.3

SE

--

--

A

SE

A

A

--

--

SE

--

A

--

--

SE

--

--

--

A

A

--

--

SE

A

Dwelling, Attached Triplex
sec.13.5.4

--

--

--

--

--

A

P

--

--

--

--

A

--

SE

SE

--

--

--

A

--

--

--

--

--

Dwelling, Townhouse/ Rowhouse
sec.13.5.5

--

--

--

SE

SE

A

A

--

SE

--

--

A

--

--

SE

--

--

--

A

--

--

--

--

SE

Dwelling, Multiplex
sec.13.5.6

--

--

--

--

--

A

A

A

A

--

--

A

--

--

SE

SE

--

--

--

--

--

A

--

--

Dwelling, Apartment
sec.13.5.7

--

--

--

--

--

--

A

A

A

--

--

--

--

--

--

SE

--

--

--

--

--

A

--

--

Dwelling, Manufactured and Modular Home
sec.13.5.8

SE

--

--

--

--

--

--

--

--

SE

--

--

--

--

--

--

--

--

--

--

--

--

SE

--

Home Occupations 
sec.13.5.9

A

A

A

A

A

A

A

A

A

A

--

A

A

A

A

--

--

--

A

A

--

--

A

A

Mixed-Use Building
sec.13.5.10

--

--

--

SE

SE

--

--

A

A

A

--

--

P

P

P

--

--

--

A

--

--

A

--

SE

Residential First Floor
sec.13.5.11

P

P

P

P

P

P

P

SE

SE

P

--

P

--

SE

SE

P

--

--

P

P

--

SE

P

P

Use Chart - Institutional

Institutional

Residential Use Districts

Commercial / Industrial Use Districts

Form-Based Districts

Special Districts

O-Use Categories

 

RN

SD-2

SD-6

TN-N

TN-E

MDU-9

MDU-20

CN

C

CR

I

T-4

T-5D

T-5C

T-5U

S-M

S-I

S-E

O-TND

O-CD

O-I

O-C

O-E

O-TN

P = Permitted Use   A= Permitted Use with Additional Standards        UE = Use Exception        SE = Special Exception       -- =Not Permitted

Assisted Living Facility
sec.13.6.1

--

--

--

A

--

A

A

P

P

P

--

--

--

--

--

P

--

--

A

A

--

P

--

A

Care Centers
sec.13.6.2

--

--

--

--

--

--

--

A

A

A

--

--

--

--

--

A

--

--

A

--

--

A

--

--

Care Home
sec.13.6.3

A

A

A

A

A

--

--

P

P

P

--

--

--

--

--

--

--

--

A

A

--

--

A

A

Cemetery
sec.13.6.4

SE

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

SE

--

Community and Civic Associations
sec.13.6.5

P

--

UE
SE

UE
SE

--

--

--

P

P

P

P

--

UE
SE

UE
SE

UE
SE

P

P

P

P

P

--

P

P

UE
SE

Convalescent, Rest, and Nursing Homes
sec.13.6.6

A

--

--

A

--

P

P

P

P

P

P

--

--

--

--

P

--

--

A

A

--

--

A

A

Educational Facilities
sec.13.6.7

SE

--

--

SE

--

--

--

SE

SE

SE

SE

--

--

--

--

--

SE

P

SE

SE

SE

SE

SE

SE

Fraternity and Sorority House
sec.13.6.8

--

--

--

--

--

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

--

--

--

--

--

--

--

--

--

--

--

--

--

--

Group Care Home or Facility
sec.13.6.9

--

--

--

--

--

--

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

--

--

--

--

UE
SE

--

--

--

--

--

--

--

--

Hospital 
sec.13.6.10

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

P

--

--

--

--

--

A

--

--

Life Care Communities
sec.13.6.11

A

--

--

A

--

A

A

A

A

A

--

--

--

--

--

P

--

--

A

A

--

A

A

A

Municipal Buildings and Facilities
sec.13.6.12

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

A

A

A

A

UE
SE

UE
SE

UE
SE

UE
SE

P

P

P

A

A

A

A

UE
SE

UE
SE

Parks, Open Space, and Greenways
sec.13.6.13

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

Places of Worship 
sec.13.6.14

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

Public Buildings and Facilities
sec.13.6.15

UE SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

P

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

UE
SE

Use Chart - Commercial

Commercial

Residential Use Districts

Commercial / Industrial Use Districts

Form-Based Districts

Special Districts

O-Use Categories

 

RN

SD-2

SD-6

TN-N

TN-E

MDU-9

MDU-20

CN

C

CR

I

T-4

T-5D

T-5C

T-5U

S-M

S-I

S-E

O-TND

O-CD

O-I

O-C

O-E

O-TN

P = Permitted Use   A= Permitted Use with Additional Standards        UE = Use Exception        SE = Special Exception       -- =Not Permitted

Adult Oriented Business
sec.13.7.1

--

--

--

--

--

--

--

--

--

--

UE

--

--

--

--

--

--

--

--

--

--

--

--

--

Animal Boarding Facilities
sec.13.7.2

A

--

--

--

--

--

--

A

A

A

A

--

--

--

--

--

--

--

--

--

--

--

A

--

Animal Hospital, Clinic, or Grooming Facility
sec.13.7.3

--

--

--

SE

SE

--

--

A

A

A

A

--

A

A

A

--

--

--

A

--

--

--

--

SE

Banks and Financial Institutions
sec.13.7.4

--

--

--

--

--

--

--

P

P

P

--

--

A

A

A

--

--

--

A

--

--

P

--

--

Bed and Breakfast Establishments
sec.13.7.5

A

--

--

UE
SE

UE
SE

--

--

--

--

A

--

--

A

A

A

--

--

--

A

--

--

--

A

UE
SE

Car Title Loan, Payday Advance, or Loan Business
sec.13.7.6

--

--

--

--

--

--

--

--

UE

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

Conference and Convention Center
sec.13.7.7

--

--

--

--

--

--

--

P

P

--

P

--

UE
SE

UE
SE

UE
SE

--

--

--

UE
SE

--

--

P

 

--

Convenience Store and Gas Station
sec.13.7.8

--

--

--

SE

--

--

--

A

A

A

A

--

--

--

SE

SE

--

--

--

--

A

A

--

--

Convenience Store and Truck Stop
sec.13.7.9

--

--

--

--

--

--

--

--

--

A

A

--

--

--

SE

--

--

--

--

--

A

A

--

--

Eating & Drinking Establishments
sec.13.7.10

--

--

--

UE
SE

UE
SE

--

--

A

A

A

UE SE

--

A

A

A

--

--

--

A

--

--

A

--

UE
SE

Food Truck
sec.13.7.11

--

--

--

UE

UE

--

--

A

A

A

A

--

A

A

A

--

--

--

--

--

P

P

--

UE

Hotels, Motels, or Inns
sec.13.7.12

--

--

--

--

--

--

--

P

P

P

--

--

P

P

P

--

--

--

P

--

--

P

--

--

Micro-Breweries and
Small Batch Distilleries
sec.13.7.13

--

--

--

UE
SE

--

--

--

--

UE
SE

UE
SE

UE
SE

--

UE
SE

UE
SE

UE SE

--

--

--

UE
SE

--

UE
SE

UE
SE

--

UE
SE

Mini-Storage
sec.13.7.14

SE

--

--

--

--

--

--

--

SE

A

A

--

--

--

--

--

--

--

--

--

A

--

SE

--

Mortuaries & Funeral Homes
sec.13.7.15

--

--

--

--

--

--

--

UE
SE

A

UE
SE

UE
SE

--

--

--

--

--

--

--

--

--

UE
SE

UE
SE

--

--

Offices- Medical
sec.13.7.16

--

--

--

UE
SE

--

--

--

P

P

P

--

--

A

A

A

A

--

--

A

--

--

P

--

UE
SE

Offices- Professional
sec.13.7.17

--

--

--

UE
SE

UE
SE

--

--

P

P

P

P

A

P

P

P

P

P

--

P

--

P

P

--

UE
SE

Recreational and Entertainment:
Indoors-Commercial 
sec.13.7.18

--

--

--

--

--

--

--

P

P

P

P

--

A

A

A

--

--

--

A

--

--

P

--

--

Recreational and Entertainment:
Outdoors-Commercial
sec.13.7.19

SE

--

--

--

--

--

--

--

UE
SE

A

A

--

--

--

--

--

--

--

--

--

--

A

--

--

Private Recreational Clubs or Facility
sec.13.7.20

A

A

A

A

--

--

--

P

P

P

P

--

--

--

--

--

--

--

A

A

--

--

A

A

Recreational Vehicle Park
sec.13.7.21

SE

--

--

--

--

--

SE

SE

SE

A

A

--

--

--

--

--

--

--

--

--

A

A

SE

--

Retail Sales and Services-
Inside Only
sec.13.7.22

--

--

--

UE
SE

UE
SE

--

--

A

A

A

A

--

A

A

A

A

--

--

A

--

--

A

--

UE
SE

Retail Sales and Services-
with Outside Displays
sec.13.7.23

--

--

--

--

--

--

--

A

A

A

A

--

UE
SE

UE
SE

UE
SE

--

--

--

--

--

--

A

--

--

Studios - Art, Craft, Music,
Dance, and Fitness
sec.13.7.24

--

--

--

UE
SE

UE
SE

--

--

A

A

A

P

--

A

A

A

--

--

--

A

--

--

P

--

UE
SE

Theaters
sec.13.7.25

--

--

--

--

--

--

--

P

P

P

--

--

A

A

A

--

--

--

A

--

--

P

--

--

Vehicle Repair and Maintenance
sec.13.7.26

--

--

--

--

--

--

--

A

A

A

P

--

--

--

--

--

--

--

--

--

--

--

--

--

HISTORY
Amended by Ord. 2023-03 on 7/5/2023
Use Chart - Industrial

Industrial

Residential Use Districts

Commercial / Industrial Use Districts

Form-Based Districts

Special Districts

O-Use Categories

 

RN

SD-2

SD-6

TN-N

TN-E

MDU-9

MDU-20

CN

C

CR

I

T-4

T-5D

T-5C

T-5U

S-M

S-I

S-E

O-TND

O-CD

O-I

O-C

O-E

O-TN

P = Permitted Use   A= Permitted Use with Additional Standards        UE = Use Exception        SE = Special Exception       -- =Not Permitted

Airport
sec.13.8.1

--

--

--

--

--

--

--

--

--

--

P

--

--

--

--

--

P

--

--

--

--

--

--

--

Heliport
sec.13.8.2

--

--

--

--

--

--

--

--

--

--

A

--

--

--

--

A

A

A

--

--

A

--

--

--

Borrow Pit, Soil Fill Site, and Soil Storage Site
sec.13.8.3

SE

--

--

--

--

--

--

--

--

--

P

--

--

--

--

--

--

--

--

--

--

--

SE

--

Landfill
sec.13.8.4

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

P

--

--

--

--

--

--

--

Manufacturing and Industrial Heavy
sec.13.8.5

--

--

--

--

--

--

--

--

--

--

A

--

--

--

--

--

--

--

--

--

A

--

--

--

Manufacturing and Industrial Light
sec.13.8.6

--

--

--

--

--

--

--

--

UE
SE

UE
SE

P

--

--

--

--

--

--

--

--

--

P

--

--

--

Mining and Quarrying 
sec.13.8.7

--

--

--

--

--

--

--

--

--

--

SE

--

--

--

--

--

--

--

--

--

--

--

--

--

Outdoor Storage 
sec.13.8.8

--

--

--

--

--

--

--

--

--

--

A

--

--

--

--

--

--

--

--

--

--

--

--

--

Research and Development Facilities 
sec.13.8.9

--

--

--

--

--

--

--

--

UE
SE

UE
SE

P

--

--

--

--

--

--

--

--

--

P

--

--

--

Salvage Yard
sec.13.8.10

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

--

Trades and Skilled Services 
sec.13.8.11

--

--

--

--

--

--

--

--

--

A

P

--

--

--

--

--

--

--

--

--

--

--

--

--

Warehousing, Distribution, & Wholesale Services 
sec.13.8.12

--

--

--

--

--

--

--

--

--

UE
SE

P

--

--

--

--

--

--

--

--

--

P

--

--

--

Use Chart - Other

Other

Residential Use Districts

Commercial / Industrial Use Districts

Form-Based Districts

Special Districts

O-Use Categories

 

RN

SD-2

SD-6

TN-N

TN-E

MDU-9

MDU-20

CN

C

CR

I

T-4

T-5D

T-5C

T-5U

S-M

S-I

S-E

O-TND

O-CD

O-I

O-C

O-E

O-TN

P = Permitted Use   A= Permitted Use with Additional Standards        UE = Use Exception        SE = Special Exception       -- =Not Permitted

Accessory Use
or Structures
(excluding dwellings)
sec.13.9.1

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

Agriculture and Forestry
sec.13.9.2

A

A

A

A

A

--

--

--

--

A

A

A

--

--

--

--

A

A

A

A

--

--

A

A

Firing Range
sec.13.9.3

 --

--

--

--

--

--

--

--

--

--

A

--

--

--

--

--

A

--

--

--

--

--

--

--

Parking Lots and Garages
sec.13.9.4

--

--

--

--

--

--

--

SE

SE

SE

SE

--

SE

SE

SE

SE

SE

SE

--

--

SE

SE

--

--

Telecommunication Facilities
sec.13.9.5

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

SE

Temporary Uses
sec. 13.9.6

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

Portable Telecommunication
Facilities
sec.13.9.7

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

A

Special Event Facility
sec.13.9.8

SE

A

A

SE

SE

--

--

A

A

A

 

--

A

A

A

--

--

--

SE

SE

--

A

SE

SE

Small Cell
Telecommunication
Facilities
Section 13.9.9


P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P

P


P

HISTORY
Amended by Ord. 2023-01 on 2/21/2023