Vicksburg City Zoning Code
PART 8
Supplementary District Regulations
§ 475-113 Limitations on all land and structures.
No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be used, designed, or arranged to be used, for any purpose or in any manner other than that included among the uses permitted in the zone in which such building or land is located.
Every building erected shall be located on a lot, and except as provided herein, there shall be not more than one single-family dwelling on one lot.
Every dwelling structure shall be built upon a lot with frontage upon a public street, except that any one lot of record created before the effective date of this chapter without any frontage on a public street, but provided with an easement or other right-of-way of no less than 20 feet wide, may be granted a building permit, providing all other requirements of this article can be met.
The illumination of any buildings or uses of land shall be designed and operated so that the source of light shall not be directed upon adjacent properties or the public streets. In no event shall the illumination of a building or use of land be permitted to flood upon adjacent residential structures.
§ 475-114 Lighting. [1]
Any lighting fixtures used to illuminate any off-street parking area shall be so arranged as to reflect the light away from any adjoining residential lots.
§ 475-115 Limitations on area.
No building shall be erected, nor shall any existing building be altered, enlarged, moved or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot, area and building location regulations designated for the zone in which such buildings or open space is located, except as otherwise specifically provided.
No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as a yard or open space for any other building.
Any lot which was legally recorded at the time of adoption of the ordinance from which this section is derived, and which was a buildable lot under this chapter in effect immediately prior to the adoption of the ordinance from which this section is derived, shall be deemed a buildable lot even though it may have less than the minimum area requirements.
§ 475-116 Setback from lakes, ponds, streams and rivers.
[Amended 11-4-2024 by Ord. No. 307]
Any building, constructed on a lot abutting a lake, pond, stream or river shall be set back at least 50 feet from the high-water line, except:
Those buildings in existence at the time of passage of the ordinance from which this section is derived.
Where the majority of the property abutting the waterline within 500 feet of a vacant lot has been built upon at the time of passing of the ordinance from which this section is derived, the setback of any building hereafter erected on the vacant lot shall not be required to be greater than, nor shall it be less than, the average setback of the improved properties.
One-story boathouses used exclusively for boating and bathing facilities may be constructed at the high-water shoreline, but not over the water. However docks, together with temporary boat shelters which are dismantled during the winter months, may be constructed out into the lake beyond the high-water shoreline not more than 50 feet from the shoreline.
In the event of a controversy concerning the location of the high-water shoreline for the purposes set forth in this section, the determination of the Board of Appeals shall be conclusive on such question.
§ 475-117 Limitations on height.
No building shall be erected, reconstructed or structurally altered to exceed in height the limit designated for the zone in which such building is located, except the height limitations of this chapter shall not apply to church spires, belfries, cupolas, antennas, domes not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, silos, bulkheads, and necessary mechanical appurtenances usually carried above the roof level, except where, in the opinion of the Building Inspector, such may be deemed to interfere with aerial navigation or constitute a fire hazard. Such features, however, shall not exceed in total coverage 20% of the total roof area and shall not exceed a reasonable height to be determined upon reference of all such cases to the Zoning Board of Appeals by the Building Inspector.
§ 475-118 Schedule of Lot, Yard and Area Requirements.
[Amended 8-11-1993 by Ord. No. 197; 4-18-2005 by Ord. No. 250; 6-4-2018 by Ord. No. 283]
The following is a Schedule of Lot, Yard and Area Requirements for this chapter.[1]
[1]
Editor's Note: The Schedule of Lot, Yard and Area Requirements is included as an attachment to this chapter.
§ 475-119 Conditions for accessory use enumerated.
Any use which complies with all of the following conditions may be operated as an accessory use:
Is clearly incidental and customary to and commonly associated with the operation of the permitted uses.
Is operated and maintained under the same ownership and on the same lot or contiguous lot to the permitted uses.
Does not include structures or structural features inconsistent with permitted uses.
Does not include residential occupancy, except for living quarters for farm, domestic or other employees having employment on the premises.
Accessory buildings, other than farm buildings, shall be located only in the rear yard.
If an accessory use is carried on within the structure containing the permitted uses, the gross floor area within such structure utilized by accessory uses, except garages and off-street loading facilities, shall be not greater than 20% of the gross floor area, but not to exceed 300 square feet, of a single unit dwelling or 10% of the gross floor area of a structure containing any permitted uses other than a single unit dwelling.
Fallout shelters are permitted as accessory uses and structures in any district, subject to the yard and lot coverage regulations of the district. Such shelters may contain or be contained in other structures or may be constructed separately and, in addition to shelter use, may be used for any accessory use permitted in the district, subject to the district regulations on such use. Fallout shelters constructed completely below the ground level, except for a vent not exceeding 30 inches in height above ground level, may be contained within any yard area.
§ 475-120 Materials; height; location; fences.
[Amended 6-17-1996 by Ord. No. 221]
Commercial and industrial uses adjacent to residences and residential districts. Every commercial or industrial use occupying land immediately adjacent to a residence or residential district shall have a screening area visually separating the commercial or industrial use from the adjoining residence or residential districts. The screen shall be in the form of either a wall, fence, hedge, berm or compact evergreen planting, which is maintained in good condition at all times. Density of plantings shall be determined by the Planning Commission. The height of the screen shall not be less than eight feet, except where the screen would interfere with traffic or pedestrian clear vision and safety, in which case it shall be reduced in height to 30 inches or less. All fences shall be installed with the solid (good) side facing the residence or residential district.
Residential districts.
[Amended 6-6-2016 by Ord. No. 280]
Fences in residential districts may be located within a side yard or rear yard, as those terms are defined in this chapter. Fences must be placed entirely in the confines of a residential lot. No fence shall be located within a required front yard, clear vision corner, or side yard on a corner lot where adjacent lot(s) have front yards facing the same street as the subject property side yard, without the approval as a special land use by the Planning Commission, who shall take into consideration the type of materials to be used, effect of the fence on neighboring properties, traffic and pedestrian vision and safety, and any other factor deemed relevant by the Commission. All fences shall be installed with the solid (good) side facing away from the parcel with any bracing installed on the inside of the fence toward the parcel. Hedges and fences must be placed entirely within the confines of a residential lot. No hedge, planting, fence, berm or wall shall extend at a height greater than 30 inches along a drive, street, alley, sidewalk, or other vehicular or pedestrian travelway within 20 feet of an intersection of any two of the above, to create a clear vision corner at the intersection. All hedges or fences in residential districts, except in those areas where commercial and industrial uses occupy land immediately adjacent to a residence or residential district (Subsection A above), shall be installed at a maximum height of six feet and maintained in good appearance except as allowed in this section. No fence or wall shall be constructed of materials harmful to residents, such as protruding nails, barbs, spikes, nor electrically charged. All hedges and fences shall be installed and maintained with their good sides out away from the property on which they are installed. All hedges and fences which exist prior to the adoption of this section that require repairs and/or maintenance of 1/2 the installation cost shall comply with the conditions of this section.
Only decorative fences, which shall be 80% open uniformly along the length of the fence, shall be allowed to be installed in front yard areas at a height greater than 30 inches, but not greater than 49 inches. Decorative fences shall include fences with designs made of wood, plastic or metal, not including wire or poles.
§ 475-121 Conditions for operation.
Any home occupation operated in a single dwelling unit may be operated only if it complies with all of the following conditions:
Is operated in its entirety within the single dwelling and not in a garage or accessory building, and only by the person maintaining the dwelling.
Does not have any employees or regular assistants not residing in the dwelling, except for offices of doctors, dentists or other similar practitioners.
The dwelling does not have any exterior evidence, other than a permitted sign, to indicate that the building is being utilized for any purpose other than that of a dwelling.
The occupation conducted is clearly incidental and secondary to the residential use of the building.
No goods or services are sold which are not produced by the immediate members of the family therein.
Dancing or musical instrument instruction, restaurants, beauty and barber shops, and business or trade shall not be considered home occupations.
Noise or other objectionable characteristics incident thereto shall not be discernible beyond the boundaries of the lot.
Does not utilize more than 20% of the gross floor area, but the floor area shall not exceed 300 square feet, in the single unit dwelling.