(400.1) Except as herein provided, no public or private building, structure or sign shall hereafter be erected, reconstructed or structurally altered, nor shall any public or private building, structure, sign or land be used hereafter or use be allowed for any purpose other than is permitted in the zone in which such building, structure, land or use is located. For example, outdoor storage is a use that unless specifically permitted is not allowed.

(400.2)

Except as hereinafter provided, no public or private building, structure or sign shall hereafter be erected, reconstructed or structurally altered to exceed the height or bulk limit herein established for the zone in which such building, structure or sign is located.

(400.3)

Except as hereinafter provided, no lot area shall hereafter be so reduced or diminished that the yards or other open spaces shall be smaller than prescribed by this ordinance, and no building shall be occupied by more families than prescribed for such building, structure or premises for the zones in which it is located.

(400.4)

Except as hereinafter provided no space on one (1) lot shall be construed to provide a yard or open space for a structure constructed on another lot except where the lots are contiguous or owned by the same person and used as though the entire land area was as one (1) lot.

(400.5)

Every public or private building or other structure hereafter erected shall be located on a lot as herein defined, and there shall not be more than one (1) building or other structure on one (1) lot, except in the following zoning districts where more than one (1) structure with a permitted or permissible principal use may be erected on a single lot, provided the yard and other requirements of this ordinance shall be met for each structure as though it were on an individual lot:

CBR-4 Commercial, Business and Multifamily Residential

R-6 Limited Residential—Commercial

C-1 Neighborhood Commercial

C-2 Highway Commercial

C-4 General Commercial

C-5 Limited Commercial

MX-2 Mixed Use Residential and Commercial

L-1 Light Industrial

L-2 Heavy Industrial

A-2 Agricultural/Industrial

In the Vicksburg historic district, there shall only be one (1) structure on a lot, regardless of the zone. For example, most of the Vicksburg historic district is zoned C-3, but parts of the historic district may be C-4 or other zones and in that portion of the historic district, only one structure per lot would be allowed.

(Ord. No. 96-5, § 3, 9-25-96; Ord. No. 2017-08, § 1, 2, 12-22-17)

(401.1)

Intent. Within the districts established by this ordinance, or by zoning or reclassification amendments that may later be adopted, there exist or could exist:

a.

Lots;

b.

Structures (not including sign structures which are regulated by section 408);

c.

Uses of land and structures; and

d.

Characteristics of use;

which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendment. It is the intent of this ordinance to allow these nonconformities to continue until they are eventually removed, but not to encourage their survival. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(401.1-1) Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. A nonconforming structure, a nonconforming use of a structure, a nonconforming use of land or a nonconforming use of structure and land in combination shall not be extended or enlarged after passage of this ordinance by attachment to a building or premises or by additional signs intended to be seen from off the premises, or by the addition of other uses, of a nature that would be prohibited generally in the district involved.

(401.1-2) To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

(401.2)

Nonconforming lots. Development shall be allowed on a lot which does not conform to the lot area and lot requirements established in this ordinance for the zoning district in which it is located, notwithstanding limitations imposed by other provisions of this ordinance. Yard requirements, lot coverage and all other requirements shall be satisfied. Variance of yard requirements shall be obtained only through action of the zoning board of appeals. If all or part of two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership other than lots of record at the time of passage or amendment of this ordinance which do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance. No portion of said parcel shall be used or sold in a manner that diminishes compliance with lot width and area requirements established by this ordinance, nor shall any division of any parcel be made that diminishes compliance with lot width and area requirements established by this ordinance.

(401.3)

Nonconforming uses of land and continuances. Where immediately prior to the effective date of this ordinance lawful uses of land exist, which would not be permitted by the regulations imposed by this ordinance, the use may be continued so long as it remains otherwise lawful, provided:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was actually occupied at the effective date of adoption or amendment of this ordinance;

(2)

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this ordinance;

(3)

If any such nonconforming use of land discontinues for any reason for a period of more than sixty (60) days, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.

(4)

No additional structure not conforming to the requirements of this ordinance shall be erected in connection with such nonconforming use of land.

(401.4)

Nonconforming structures and continuances. Where immediately prior to the effective date of this ordinance a lawful structure existed that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming structure may be enlarged or altered in a way that increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

(2)

Should such nonconforming structure or nonconforming portion of a structure be damaged or destroyed by any cause whatsoever to the extent of more than fifty (50) percent of its building area at time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance;

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(401.5)

Continuance of nonconforming uses of structures or of structures and premises in combination. If a lawful use or uses involving a structure or structures or of a structure and premises in combination existed prior to the effective date of this ordinance which would not be allowed in the zoning district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;

(2)

Any nonconforming use may be extended throughout any part of a building that was clearly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building or any area that was not clearly arranged or designed for such use.

(3)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises may, as a special exception, be changed to another nonconforming use provided that the zoning board of appeals, either by general rule or by making findings in the specific case, finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the zoning board of appeals may require appropriate conditions and safeguards in accordance with the provisions of this ordinance;

(4)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed;

(5)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for sixty (60) consecutive days (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located. Any structure that has fallen into obsolescence or has otherwise gone out of use is also considered discontinued or abandoned;

(6)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the structure and the structure may not be restored without the specific approval of the zoning board of appeals. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty (50) percent of the replacement cost of the structure in which the use is operated as of the date of such destruction.

(7)

A nonconforming use may add products or services customary to that type of use, but the added products or services may not exceed fifty (50) percent of the floor area of the existing structure. The nonconforming use shall not add activities that were not originally included in that facility.

(401.6)

Repairs and maintenance. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replace merit of walls, fixtures, wiring, or plumbing, to an extent not exceeding fifty (50) percent of the current replacement value of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

(1)

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with adopted codes and ordinances of the City of Vicksburg.

(2)

Upon a written finding by the zoning board of appeals that the nonconforming use is likely to continue, structural alterations and even some enlargement may be permitted as a special exception, subject to limitations and requirements including maximum lot coverage, controls on curb cuts, removal of nonconforming characteristics of use (such as excess signs), buffering, and so forth.

(401.7)

Uses under special exception provision not nonconforming uses. When a special exception is granted for a particular use for a particular site, that use shall not be deemed a nonconforming use in that particular case, except as provided by subsection (401.5(3)) of this ordinance.

(Ord. No. 96-5, § 4, 9-25-96; Ord. No. 2005-27, §§ 3, 4, 12-22-05; Ord. No. 2006-03, §§ 2—5, 3-20-06)

Editor's note— Ord. No. 96-5, § 5, adopted Sept. 25, 1996, deleted § 402, pertaining to nonconforming structures.

Editor's note— Ord. No. 2004-19, § 5, adopted November 1, 2004, deleted § 403, which pertained to nonconforming signs and outdoor advertising and was derived from Ord. No. 96-5, § 6, adopted September 25, 1996, and Ord. No. 2002-3, §§ 3, 4, adopted February 25, 2002.

(404.1)

Reduction in lot area. No lot may be reduced in area below the minimum lot area as specified herein.

(404.2)

Interference with traffic. In any zone, no outdoor advertising sign or structure or tree or shrub shall protrude over any street so as to create confusion around or otherwise interfere with traffic signals of any kind or decrease sight distances to hazardous extents.

(404.3)

Frontage on corner lots and through lots. On lots having frontage on more than one (1) street, the minimum front yard shall be provided for each street in accordance with the provisions of this ordinance except that the buildable width of the lot shall not be reduced below thirty-five (35) feet.

(404.4)

Utilities location. Electrical transformer stations, gas regulator stations, sewage and water treatment plants, pumping stations, standpipes for public water supply and other similar utility uses may be located in any zone; provided, however, that the location of such facility [shall] be subject to the review and recommendations of the zoning board of appeals as a special exception, and the following requirements shall be complied with:

(404.4-1) Such facilities shall be essential for the immediate area or for the proper functioning of the total utility system, of which the above element is a part.

(404.4-2) A building or structure, except an enclosing fence, shall be set back at least fifty (50) feet from any property line.

(404.4-3) Such facilities shall be enclosed by a protective fence as approved by the zoning board of appeals.

(404.4-4) Open spaces on the premises shall be landscaped and maintained.

(404.4-5) The storage of vehicles and equipment on the premises, unless enclosed, shall be prohibited.

(404.4-6) The surrounding area shall not be adversely affected by and shall be protected from noise, odor, glare, dust, fumes, gas, smoke and vibration by such suitable means and conditions as the zoning board of appeals may specify.

(404.5)

Public, semi-public buildings and places of worship or use location. All public and semi-public buildings and uses may be located in any zone; provided, however, the location of such buildings and uses shall be subject to the review and recommendations of the zoning board of appeals as a special exception. No public or semi-public building or use shall be so located in a residential zone that would adversely affect the surrounding area. For purposes of this ordinance, places of worship, which include churches, synagogues, mosques, etc., are not public or semi-public buildings or uses. Places of worship shall be located in the MX-2 Mixed Use Residential and Commercial, C-1 Neighborhood Commercial, C-2 Highway Commercial, C-3 Central Business District Commercial, C-4 General Commercial, C-5 Limited Commercial, L-1 Light Industrial and L-2 Heavy Industrial zoning districts as a permitted use. Places of worship shall be located in R-1 Single-Family Residential, R-2 Single-Family Residential, R-3 Two-Family Residential and MX-1 Mixed Use Residential zoning districts by special exception. Places of worship may be allowed to expand existing facilities located in the R-1 Single-Family Residential, R-2 Single-Family Residential, R-3 Multifamily Residential, MX-1 Mixed Use Residential, A-1 Agricultural and the A-2 Agricultural/Industrial zoning districts; provided, however, that the location and uses shall be subject to the review and recommendation of the zoning board of appeals as a special exception.

(404.6)

Outdoor storage. Outdoor storage and display is allowed only if it is expressly permitted in a particular zone and then only to the extent it is expressly permitted in a particular zone. When so allowed, it shall be limited to the storage or display of products, equipment or materials that are typically utilized outdoors and only then when the permitted use in the zone requires outdoor storage. In such cases outdoor storage is allowed only to the extent that such products, equipment, or materials are allowed to be stored or displayed in such zone. This provision shall not be deemed to permit the outdoor storage or display of products, equipment or materials that are normally utilized indoors or normally sold indoors. An example of this provision would be that the outdoor display of furniture, antiques, and clothing for sale would not be permitted in any zoning district. The display of recreation equipment such as boats, trailers and all-terrain vehicles and farm and construction equipment for sale would be allowed outdoors but only in the zone(s) that allow such business to operate.

(404.7)

Exceptions. Upon request, the board may grant a special exception upon such terms and conditions as it may prescribe to allow any use that is presently or hereafter allowed in an L-1 Light Industrial Zone or an L-2 Heavy Industrial Zone to be done in either a C-3 Central Business District Commercial Zone or in a C-4 General Commercial Zone where such uses are compatible with the present or intended character of the zone and not dangerous or offensive or detrimental by reason of emission of dust, gas, smoke, fumes, glare, odors, vibration or fire hazards.

(404.8)

Planned unit development district (PUD).

(404.8-1) Purpose.

Historically, the City of Vicksburg has developed according to traditional uniform regulations within each zoning district that may on occasion prevent or discourage innovative site design and development that will respond to market demands. The use of improved techniques for land development is often difficult under traditional zoning regulations designed to control single buildings on individual lots especially considering the city's topographic character. Proper private development requires a flexible approach to meet the needs of the developer, protect the natural and built environment, and enhance the public interest.

The purpose of the planned unit development district is to provide for planned developments that provide a full range of either residential, commercial or industrial uses, or a mixture of these uses that are designed to serve the city. For purposes of this title, a planned unit development shall be a tract of land at least three (3) acres in area, under single, corporation, firm, partnership or association ownership, planned and developed as an integrated unit, in a single development operation or a programmed series of development operations and according to an approved general site plan.

The city may, upon proper application, approve a planned unit development for a site of at least three (3) acres to facilitate the use of flexible techniques of land development and site design, by providing relief from zone requirements designed for conventional developments in order to obtain one (1) or more of the following objectives:

(1)

Environmental design in the development of land that is of a higher quality than is possible under the regulations otherwise applicable to the property.

(2)

Diversification in the uses permitted and variation in the relationship of uses, structures, open space and height of structures in developments intended as cohesive, unified projects.

(3)

Functional and beneficial uses of open space areas.

(4)

Preservation of natural features of a development site.

(5)

Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program.

(6)

Rational and economic development in relation to public services.

(7)

Efficient and effective traffic circulation, both within and adjacent to the development site.

(404.8-2) Relation between planned unit developments and zoning districts.

A.

Planned development districts. Planned developments shall be permitted in all districts except the C-3 district.

B.

Modification of district regulations. Planned developments may be constructed in any zoning district as outlined in subsection A. of this section, subject to the standards and procedures set forth as follows:

(1)

A planned unit development shall be governed by regulations set forth in the text of the approved outline plan;

(2)

The approval of the outline plan for the planned development may provide for such exceptions from the general zoning district regulations governing area, bulk requirements, parking and such subdivision regulations as may be necessary or desirable to achieve the objectives of the proposed planned development, provided that such exceptions are consistent with the standards and criteria contained in this section and have been specifically requested in the application for a planned development; and further provided that no modification of the district requirements or subdivision regulations may be allowed when such proposed modification would result in:

a.

Inadequate or unsafe access to the planned development.

b.

Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity.

c.

An undue burden on public parks, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development.

d.

A development which will be incompatible with the purposes of this division.

e.

Detrimental impact on surrounding area including, but not limited to, visual pollution, noise pollution,

The burden of proof that the criteria of subsection B. of this section are not being violated shall rest with the developer and not the staff or the planning commission. Such exceptions shall supersede the regulations of the zoning district in which the planned development is located.

(404.8-3) Minimum requirements for PUDs.

Minimum requirements for planned unit developments are as follows:

A.

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

B.

All public improvements including streets, utilities, and drainage are to be installed and maintained by the developer unless other arrangements approved by the governing authority are made.

C.

Landscaping to provide a buffer between commercial, industrial and/or multifamily uses and adjacent single-family residential districts and uses must be provided. Required screening shall not be considered as part of the rear yard setback requirement.

D.

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

(404.8-4) Application requirements.

The PUD district shall be established only upon application, after public hearing as specified in the amendatory procedures of this chapter and shall require approval of an outline plan which, when zoning is granted, will govern the development of the land and all development plans thereof. It is strongly recommended that prior to filing an application for planned development approval, the applicant request a pre-application meeting with the city planning staff.

(1)

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

(2)

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

a.

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

b.

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

c.

The location of all major existing tree growth greater than six (6) inches in diameter;

d.

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

e.

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

f.

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

g.

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

h.

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

i.

Names of abutting property owners or subdivisions;

j.

Name(s) of current property owners of subject property and a copy of current deeds.

(3)

The outline plan text shall include at a minimum:

a.

Proposed land uses and population densities;

b.

Proposed primary circulation pattern;

c.

Proposed parks and/or playgrounds;

d.

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

e.

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

f.

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

g.

Estimates of traffic volumes generated by the completed project.

(4)

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

a.

Minimum district area: The minimum area for a PUD district shall be three (3) acres.

b.

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

(5)

Amending a planned unit development outline plan.

a.

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

b.

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

1.

How the proposed amendment would conform to the comprehensive plan;

2.

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

3.

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

Further, such applicant shall:

4.

List such changes;

5.

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

6.

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

7.

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

c.

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

d.

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

1.

Proposed land uses and population densities;

2.

Proposed primary circulation pattern;

3.

Proposed parks and/or playgrounds;

4.

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

5.

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

6.

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

7.

Estimates of traffic volumes generated by the completed project.

e.

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

f.

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

g.

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

h.

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

(6)

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

a.

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

b.

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

1.

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

2.

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

(a)

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

(b)

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

3.

The final plan shall incorporate the following information:

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(g)

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

(h)

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

(i)

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

(j)

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

(k)

Conditions imposed by the planning commission and governing authority;

(l)

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

(m)

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

(n)

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

(o)

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

(p)

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

(q)

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

(r)

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

4.

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

(a)

Owner's certificate;

(b)

Mortgagee's certificate, if applicable;

(c)

Notary's certificate for all owners and mortgages;

(d)

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

(e)

Planning commission certificate;

(f)

Mayor's city certificate;

(g)

Recording certificate.

5.

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

(7)

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

The list of proposed uses to ensure appropriate land use development in conjunction with the comprehensive plan.

(404.9)

Recreational vehicle campgrounds:

(404.9-1) Generally. Recreational vehicle campgrounds and accessory uses may be located in the C-2 Highway Commercial Zone, C-4 General Commercial Zone, L-1 Light Industrial Zone and the L-2 Heavy Industrial Zone by approval of the board as a special exception, subject to the requirements of this section, and any other conditions and safeguards as the board may prescribe.

(404.9-2)

[Requirements:]

(A)

Dimensional requirements for recreational vehicle campgrounds:

(1)

Maximum building height: No structure shall exceed thirty-five (35) feet in height as measured from the average of the finished ground elevations at the front line of the building.

(2)

Minimum size of park: Ten (10) acres.

(3)

Minimum recreational vehicle site area: One thousand two hundred (1,200) square feet.

(4)

Minimum recreational vehicle site lot width: Twenty (20) feet.

(5)

Minimum recreational vehicle site lot length: Sixty (60) feet.

(6)

Maximum density: Twenty-four (24) recreational vehicles per acre.

(7)

Minimum yards required with park: The minimum yard requirements for recreational vehicle space shall be:

(a)

Front yard, including spaces fronting on two (2) private drives or streets within the park:Five (5) feet from the edge of the pavement of each drive or street to the nearest edge of the recreational vehicle or other accessory vehicle.

(b)

Side and rear yards:Five (5) feet.

(8)

Minimum setbacks for campground perimeter: All recreational vehicles shall be located at least twenty (20) feet from ANY property line and/or at least twenty (20) feet from the edge of the pavement of any access street bordering the campground, whichever is greater, whether such street is a dedicated public street or a private street. The campground perimeter shall be a landscaped open space with no encroachments permitted, including parking lots, patios, other structures or other paved areas except for entrance/exit driveways.

(B)

Access to public streets and highways. All access points to public streets and highways shall be approved by the city engineer of the City of Vicksburg and, if applicable, the Mississippi State Department of Transportation.

(C)

Traffic circulation:

(1)

Private streets (driveways) within the recreational vehicle campground. Streets in recreational vehicle campgrounds shall be private and shall be composed of stabilized, compacted material such as shell, marl, gravel, asphalt, concrete, or other suitable material.

(2)

[Travelway requirements.] Streets shall have the following minimum stabilized travelway requirements:

(a)

One-way, no parking—eleven (11) feet.

(b)

One-way with parking on one (1) side or two-way traffic with no parking—eighteen (18) feet.

(c)

Two-way with parking on one (1) side—twenty-seven (27) feet.

(d)

Two-way with parking on both sides—thirty-four (34) feet.

(3)

[Turnarounds.] Turnarounds shall be provided for all dead-end roads. The minimum radius of a required turnaround is eighty (80) feet.

(D)

Accessory uses. Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundry facilities and other uses and structures customarily incidental to operation of a recreational vehicle campground are permitted as accessory uses to the campground. In addition, stores, restaurants, beauty parlors, barbershops and other convenience establishments shall be permitted as accessory uses in recreational vehicle campgrounds subject to the following restrictions:

(1)

Such establishments and the parking areas primarily related to their operation shall not occupy more than five (5) percent of the gross area of the park.

(2)

Such establishments shall be restricted in their use to occupants of the park.

(3)

Such establishments shall present no visible evidence from any street outside the park of their commercial character which would attract customers other than occupants of the park.

(4)

The structures housing such facilities shall not be located closer than one hundred (100) feet to any public street and shall not be directly accessible from any public street, but shall be accessible only from a street within a park.

(E)

Open space and recreational area. A minimum of five (5) percent of the gross recreational vehicle park area shall be set aside and developed as common use areas for open or enclosed recreation facilities. No required buffer strip, street, storage area, recreational vehicle site or utility site shall be included in meeting recreational purposes.

(F)

Screening. Each recreational vehicle park shall have set aside along the perimeter of the property line the following areas which shall be landscaped and used for no other purposes:where needed to enhance aesthetics or to ensure public safety, the campground shall be enclosed by a fence, wall, landscape screening or earth mounds, or by other design approved by the zoning board of appeals, which will complement the landscape and ensure compatibility with adjacent environment.

(G)

Permanent occupancy:

(1)

Recreational vehicle parks are intended for use on a temporary basis by campers, vacationers and travelers and are not intended as a place for permanent abode dwelling or business or for an indefinite period to time. Continuous occupancy extending beyond thirty (30) days in any twelve-month period shall be presumed to be permanent occupancy and shall be prohibited.

(2)

Any action toward removal of wheels of a recreational vehicle except for temporary purposes or to attach the vehicle to the ground for stabilizing purposes is hereby prohibited.

(3)

No more than one (1) permanent structure or manufactured home shall be allowed per recreational vehicle park. This structure shall meet all city ordinances or on-site permanent residential occupancy by management.

(H)

Utilities and drainage. Utilities (electrical power, natural gas, water, and sanitary sewerage and storm drainage) shall be provided and connected according to all applicable codes and ordinances of the City of Vicksburg. On-site utilities shall be underground.

(I)

Lighting. Adequate lighting shall be provided for all streets, walkways, buildings and other facilities subject to nighttime use. Exterior illumination shall be provided as follows:

(1)

Streets. An average illumination level of at least 0.6 footcandle and a minimum level of 0.1 footcandle shall be maintained.

(2)

Serving buildings. Illumination levels of at least five (5) footcandles shall be maintained at the entrance.

(J)

Refuse disposal:

(1)

The storage, collection and disposal of refuse shall be performed so as to minimize accidents, fire hazards, air pollution, odors, insects, rodents or other nuisance conditions.

(2)

Durable watertight refuse containers, sufficient to contain all the refuse, shall be provided at each service building and sanitary waste station or at a central storage area readily accessible and located not more than three hundred (300) feet from any camp or picnic site unless provided at the campsite. For parks exceeding thirty (30) spaces, dumpsters will be required at a rate of four cubic yards per thirty (30) spaces; otherwise, refuse containers shall be provided at the rate of eight (8) cubic feet (sixty (60) gallons) for each five (5) campsites or the equivalent thereof if containers are provided at individual campsites. Refuse shall be picked up not less than twice weekly.

(3)

All solid waste generated by a recreational vehicle park shall be stored and disposed of in accordance with the State Board of Health regulations governing solid waste management and the codes and ordinances of the city governing solid waste.

(K)

Freedom from flooding and ponding. All recreational vehicle parks shall be located on ground which is not within a designated flood hazard boundary as identified by the Flood Insurance Administration and graded so as to prevent any water from ponding or accumulating on the premises.

(L)

Other regulations. Pursuant to section 41-25-13, the Mississippi State Department of Health has provided regulations governing recreational vehicle campgrounds.

(1)

It shall be unlawful for any person to construct, maintain or operate any recreational vehicle campground within the City of Vicksburg unless they hold a valid permit issued by the Mississippi State Department of Health.

(a)

Satisfactory evidence of such permit shall be provided to the building official prior to the issuance of a certificate of occupancy of the campground.

(b)

Such permit shall be posted in a conspicuous place on the premises and shall be available for review by any interested persons.

(2)

In the event of a conflict between those regulations and this section, the higher standard shall govern.

(404.10)

Home occupations. Home occupations, as defined in Section 201, Definitions, are classified as either minor or major home occupations.

(404.10-1) Permit procedures. Home occupations complying with the criteria established in (404.10-3) shall be considered minor in character and permitted by administrative permit of the zoning administrator. Major home occupations, complying with the criteria established in (404.10-4) shall be permitted only after the receipt of a special exception from the zoning board of appeals, as outlined in subsection (503.2) of this ordinance.

(404.10-2) General requirements for home occupations. The following regulations shall apply to all home occupations:

(A)

No more than twenty (20) percent of the total gross floor area of residential buildings plus other buildings housing the home occupation, nor more than five hundred (500) square feet of total gross floor area (whichever is less), may be used for home occupation purposes.

(B)

The use shall be conducted entirely within a dwelling or accessory building and carried on by the inhabitants thereof and no others, with the following exceptions:

(i)

In Class A home-based child care/family child care home, outside play shall be permitted to the extent required by state day care regulations. The licensee and day care operator shall be the same individual who shall be the inhabitant of the dwelling.

(ii)

Professional services may be rendered outdoors to the extent required, in the opinion of the service provider. For example, clergy may counsel individuals outdoors, artists may work outdoors, etc.

(C)

The use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes. The appearance of the structure shall not be altered by the home occupation in such a way as to be out of harmony with the occupation of the dwelling as a residence and/or the property as residential. The home occupation shall not be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds, or vibrations that carry beyond the premises.

(D)

No dwelling unit may be used for more than one (1) home occupation.

(E)

There shall be no advertising, display, or other indications of a home occupation on the exterior of the premises.

(F)

No parking in relation to a home occupation shall take place on a public street. All such parking of vehicles in connection with the home occupation must be on-premises parking located on the premises from which the home occupation is conducted. All parking shall be on designated hard surface areas such as concrete, asphalt, slag or gravel or such similar surface.

(G)

No storage or display of goods shall be visible from outside the structures.

(H)

Storage of materials, parts, vehicle tools, or other equipment and all other activities associated with a home occupation except those activities set forth in subsection (404.10-2)(B)(i) and (ii) of this ordinance, shall occur within an enclosed structure. No highly explosive, corrosive or combustible material may be used or stored on the premises. No activity shall be allowed that would interfere with radio or television transmission in the area, cause fluctuations in line voltages, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat, or glare detectable to the normal senses at or beyond the property line. No noise shall be created by the home occupation that is detectable to normal sensory perception off the premises of the home occupation.

(I)

A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located.

(J)

Parties for the purpose of selling merchandise or taking orders shall not be held more than once each calendar quarter.

(K)

Notwithstanding any provision contained herein to the contrary, garage, basement, yard, or other similar sales shall not be allowed more than twice each year, and each sale shall not last more than ten (10) consecutive hours.

(L)

No deliveries from commercial suppliers may be made to the dwelling. All supplies must be picked up offsite by the individual conducting the home occupation. Excepted from this prohibition is the U.S. Postal Service, UPS or other similar size commercial vehicles that regularly make deliveries to residential neighborhoods. Deliveries shall not restrict or interfere with traffic circulation.

(404.10-3) Minor home occupations. Uses classified as minor home occupations shall be permitted in all zoning districts which allow residential land uses. Permitted minor occupations include the following:

(A)

Artists and sculptors;

(B)

Authors and composers;

(C)

Home crafts for sale offsite or onsite provided that the items sold are not repetitively produced with the aid of such assistance as molds, forms, machine printing or stamping, jigs, etc.

(D)

Office facility of minister, rabbi, or priest, or other cleric;

(E)

Office facility of a salesman, sales representative, or manufacturer's representative provided that no transactions are made in person on the premises;

(F)

Professional office facilities including the office of an attorney, engineer, surveyor, realtor, accountant, bookkeeper, financial planner, urban planner or such other professional as determined by the building official;

(G)

Individual tutoring (limited to a maximum of three (3) students at any one (1) time);

(H)

Preserving and home cooking for sale offsite;

(I)

Musical instrument and dance instruction provided that no instrument may be amplified (limited to a maximum of three (3) students at any one (1) time);

(J)

Telephone sales and solicitation work;

(K)

Other similar uses by administrative permit; provided it is hereby determined that the following are not similar uses and therefore are not permitted:

1.

All uses prohibited as major home occupations;

2.

Minor or major auto repair;

3.

Carpentry work, furniture repair or refinishing;

4.

Welding or machine shop;

5.

Dental office;

6.

Medical offices, chiropractor;

7.

Painting of vehicles, trailers or boats;

8.

Photography developing, photography studio;

9.

Private school with organized classes;

10.

Television, radio, electronic, appliance repair;

11.

Upholstering;

12.

Beauty/barber shop; single- or multiple-chair beauty or barber shop;

13.

Massage parlor, fortune tellers;

14.

Small engine repair.

(404.10-4) Major home occupations. Uses classified as major home occupations shall be considered as special exception uses administered according to Section 503 of this ordinance in all zoning districts except R-1 Single-Family, R-2 Single-Family, and R-3 Two-Family, where such uses shall be prohibited. To this extent, major home occupations that may be permitted as special exception uses include the following:

(A)

Class A home-based child care/family child care home;

(B)

Musical instruments and dance instruction provided that no instrument may be amplified (limited to a maximum of five (5) students at any one (1) time);

(C)

Upholstering, minor furniture repair and minor furniture refinishing;

(D)

Dressmaking, seamstress;

(E)

Woodworking;

(F)

Other similar uses by administrative permit; provided it is hereby determined that the following are not similar uses and therefore are not permitted:

1.

Minor or major auto repair, painting of vehicles, trailers, or boats;

2.

Funeral chapel or home undertaking establishment;

3.

Gift shops, antique shops, resale shops;

4.

Medical or dental clinic;

5.

Rental businesses;

6.

Photography studios, photography developing;

7.

Massage parlors, fortune tellers, etc.;

8.

Welding or machine shops;

9.

Animal hospitals, commercial kennels;

10.

Restaurant (all classes);

11.

Boarding house;

12.

Beauty/barber shop; single or multiple chair beauty or barber shop;

13.

Any retail, wholesaling, or distribution not specifically enumerated as a permitted use or special exception use, or accessory to such a use.

(404.10-5) Applications, permits, and inspections.

(A)

Applications. Individuals wishing to conduct a home occupation in a dwelling that they own may apply to the zoning administrator for a home occupation permit on forms provided by the zoning administrator. A one-time fee of twenty-five dollars ($25.00) shall be paid to the city with the application. Occupants of a dwelling who wish to conduct a home occupation in that dwelling but do not own the dwelling must submit a letter from the owner granting permission for the home occupation along with the application, or the application will not be accepted.

(B)

Classification and approval. The zoning administrator will classify home occupation permit applications. Minor home occupation applications will be approved administratively by the zoning administrator or his designee upon presentation of representations and/or verifications provided by the applicant, provided that the zoning administrator or his designee finds that the conditions established in this ordinance are met. Major home occupation applications will be referred to the zoning board of appeals for consideration as a special exception. Minor home occupation applications that are denied administratively may be appealed to the zoning board of appeals under the provisions of subsection (503.1). Major home occupation applications that are denied by the zoning board of appeals may be appealed to the mayor and aldermen under the provisions of subsection (502.3).

(C)

Inspections. The zoning administrator or his designee shall have the right, at any reasonable time, and upon reasonable request, to enter and inspect the premises for which a home occupation permit is requested and, upon approval and issuance of such permit, in order to ensure compliance with the terms of said permit, or for other lawful reasons.

(D)

Privilege license. Applicants whose request for home occupation permits are approved shall pay an annual fee as determined by the Mississippi Local Privilege Tax Laws, Mississippi Code of 1972, as amended, to the city clerk on the anniversary date of the issuance of a home occupation permit each year for the privilege of conducting the home occupation. The city shall refuse to renew a home occupation permit privilege license upon the statement of the zoning administrator that representations made on the home occupation permit application are, or have become, an inaccurate description of the business, or that other conditions in this ordinance are not being met.

(E)

Transferability. Home occupation permits are not transferable between individuals, nor are they valid for a location other than the location noted on the permit. An individual who moved may not resume their home occupation in the new location without reapplying for a home occupation permit. Failure to obtain a privilege license shall constitute grounds upon which the building official may revoke a home occupation permit.

(F)

Continuance of nonconforming home occupations.

1.

It is recognized that at the time of adoption of this ordinance there may exist lawful uses of buildings, structures, signs or land in connection with the operation of a home occupation that would not conform to the terms and conditions of this ordinance.

2.

It is the intent of this ordinance to allow those home occupations to continue as a nonconforming use, provided that the individual who operates the home occupation shall have four (4) months from the date of adoption of this ordinance to apply for a home occupation permit in order to continue to operate as a nonconforming use. Individuals who are found to be engaging in home occupations without the necessary permit after said four (4) months shall have to conform to the terms and conditions of this ordinance or be in violation of the ordinance. Failure to obtain a permit within said four (4) months terminates the right to continue as a nonconforming use.

3.

It is also the intent of this ordinance that home occupations that are in existence at the time of adoption of this ordinance that are nonconforming shall not be allowed to increase in the nonconforming aspects of that use in any manner as provided for by the terms of Section 401 of this ordinance.

(G)

Complaints. Written complaints regarding home occupations shall be investigated by the zoning administrator who will then attempt to resolve such complaints by telephone or by informal meeting with the alleged violator. If, in the determination of the zoning administrator, a violation of the ordinance does exist, the zoning administrator shall so notify the person in writing and set a hearing date for the person to appear before him. If, after a period of fourteen (14) calendar days from the date of such hearing, the zoning administrator finds that such violation still exists, the zoning administrator shall issue an order immediately revoking the permit for home occupation.

(H)

Appeals. Appeals from the decision of the zoning administrator may be taken to the zoning board of appeals in the manner set forth in subsection (503.1) of this ordinance.

(404.11)

Buffer zone for Vicksburg National Military Park. Around the perimeter of the Vicksburg National Military Park there shall be established a twenty-five-foot minimum buffer zone in which building or construction or parking is prohibited. Any proposed development occurring on property bordering the Vicksburg National Military Park properties or former Vicksburg National Military Park property currently held in title by the mayor and aldermen of the City of Vicksburg shall be presented to the building official for site plan review and approval in order to mitigate potential for any adverse effects. Subject to impact of proposed development, the city may require a developer to landscape the buffer zone between the proposed development and the park property or former park property. The minimum allowable buffer zone shall be twenty-five (25) feet.

(404.12)

Manufactured homes.

(404.12-1) Intent and purpose. This ordinance recognizes and declares that manufactured homes offer affordable housing opportunities for an increasingly large number of Vicksburg residents who are seeking affordable home ownership. It is the intent of this section to allow for the provision of needed and properly planned locations for manufactured housing as defined in the ordinance. It is the purpose here to provide an alternative form of affordable housing in certain districts where it is determined that manufactured housing is compatible with surrounding areas. This section also provides for the development of manufactured home subdivisions and land-lease communities (manufactured home parks). Mobile homes as defined by this ordinance are not permitted since they do not meet the HUD Code and present safety hazards.

(404.12-2) Location requirements. Manufactured homes are not permitted in any zone unless expressly referred to as a permitted use or special exception by the use of the words "manufactured home" as provided in this section. Manufactured homes are permitted subject to the following restrictions and terms and conditions of this ordinance, state and local law:

(1)

A manufactured home is allowed as a permitted use on individual lots in the A-1, A-2, MX-1 and MX-2 zoning districts.

(2)

A manufactured home land-lease community (manufactured home parks) may be allowed, by special exception, in the A-1, A-2, MX-1 and MX-2 zoning districts.

(3)

A manufactured home subdivision may be allowed, by special exception, in the A-1, A-2, MX-1, and MX-2 zoning districts.

(4)

A manufactured home may be allowed by administrative permit for temporary use on the same lot in connection with the reconstruction of a dwelling unit damaged by fire or natural disaster.

(5)

A manufactured home or mobile office/modular structure may be allowed by special exception, in the A-1, A-2, C-1, C-2, C-4, MX-2, L-1 and L-2 zoning districts for temporary office space while permanent office facilities are being constructed on the same premises (not to exceed one (1) year)

(6)

A manufactured home or mobile/modular structure may be allowed, by administrative permit, for a public or semi-public use such as office or classroom either on a temporary or permanent basis.

(7)

A manufactured home or mobile/modular structure may be used for security functions, by special exception, in all business and industrial zoning districts; however, in no case shall it be used or occupied for sleeping, cooking or residential purposes.

(8)

A manufactured home or mobile home may be allowed as a permanent office space in connection with the operation of auto sales, manufactured home sales, farm equipment sale or the operation of a recreational vehicle campground by special exception in the zoning district(s) that allow the respective use.

(9)

A manufactured home is not allowed, except as provided below, within the C-3 zoning district, or any historic district or conservation district designated by ordinance of the mayor and aldermen. A manufactured home may be allowed pursuant to subsection (404.12-2)(4) of this ordinance within a historic district or conservation district while the damage on the same lot is being repaired or reconstructed for a period not to exceed one (1) year. Placement of the manufactured home on the premises shall be as directed by the zoning administrator.

(404.12-3) General requirements. All manufactured homes shall comply with the following requirements:

(1)

Be subject to the provisions of the zoning district within which the manufactured home is located, i.e., lot size, setbacks, off-street parking, etc.

(2)

Meet HUD Code construction standards.

(3)

Have a minimum width of twelve (12) feet measured from one roof overhang to another.

(4)

Be placed on lot(s) in such a manner as to be compatible with and reasonably similar in orientation to site-built housing, which has been constructed in adjacent or nearby locations.

(5)

All manufactured homes, mobile offices, modular structures or similar structures shall be attached to an approved foundation and anchor system according to state and local laws. The unit shall be skirted. The axles, hitch and wheels may be removed, if applicable. Skirting shall harmonize with the architectural style of the unit. Every manufactured home or mobile office shall be installed in accordance with the manufacturer's owner's manual or at a minimum, the Uniform Standard Code for Factory Manufactured Homes Act, and the rules and regulations of the manufactured home division of the Mississippi State Fire Marshal's Office. Modular structures which are built off-site and installed on-site must comply with the city's adopted building codes. The owner shall provide a written report from a certified inspector that the structure was built in accordance with city codes. The manufactured home, mobile office or modular structure must comply with the regulations of the city and state law applicable to the structure, and connect to an approved water supply, sewage disposal system and other utilities prior to occupancy.

(6)

Permits for temporary use of manufactured homes and mobile office/modular structure pursuant to subsections (404.12-2)(4) through (6) of this ordinance shall be valid for a term not to exceed one (1) year from the date of approval. The manufactured home or mobile office/modular structure must be moved from the premises within thirty (30) days of the final inspection of the repaired dwelling unit. If such unit is not removed from the premises within such thirty-day period, the zoning administrator shall have the authority to institute proceedings for removal of the unit.

(7)

Extensions and attachments. Any extension of or attachment to the manufactured home or mobile office/modular structure that is not part of the original factory-built unit and which is intended for use either as part of the dwelling unit or for storage purposes shall be subject to a building permit if so required by the appropriate state and local statutes and regulations.

(404.12-4) Minimum standards for manufactured housing land-lease communities (manufactured home parks). In districts where manufactured housing land-lease communities are allowed by special exception, the following minimum standards shall apply:

(1)

Minimum parcel area for land-lease community: six (6) acres; minimum width for portions used for entrances and exits: fifty (50) feet.

(2)

Minimum number of sites completed at time of first occupancy: ten (10) sites. Developer shall submit plans for a minimum of ten (10) sites at the time of the first plan review. Final layout, water, sewer, streets, drainage, health, and other applicable plans for a minimum of ten (10) sites shall be submitted to the building official at the time of a request for a building permit. These spaces shall be approved by the building official and any other agencies responsible for inspection prior to issuance of said occupancy certificate.

(3)

Maximum density of sites per gross acre: six (6).

(4)

Minimum area for individual manufactured home site shall be as follows: for single section, four thousand five hundred (4,500) square feet; for double section, five thousand (5,000) square feet.

(5)

Minimum lot width, measured at the front lot line, shall be as follows: for single section, forty-five (45) feet wide; for double section, fifty-five (55) feet wide.

(6)

Manufactured homes shall be so located as to maintain a fifteen-foot minimum spacing between all homes (including structural improvements) regardless of the orientation. A ten-foot minimum rear yard shall be maintained between the lot line and the manufactured home and other structural improvements. A fifteen-foot minimum yard shall be maintained between all streets, curbs, and the manufactured home and other structural improvements. Required yards at the perimeter of the land-lease community development shall be thirty-five (35) feet from all public streets, twenty-five (25) feet from all abutting property lines, contain no accessory buildings and be treated as front yards for the district.

(7)

Where lots on the perimeter of the development abut adjacent single-family development, they shall meet the following requirements:

A.

Provide a twenty-five-foot landscaped buffer zone from the property line. This buffer zone may overlap the yard required by subsection (404.12-4)(6) of this ordinance but shall be landscaped so as to provide a visual barrier between the ground and six (6) feet in height; or

B.

Provide a screening material along the property line such as a solid fence or wall not less than six (6) feet high;

(8)

Automotive parking shall be off-street and in parking stalls or bays of ten (10) feet by fifteen (15) feet minimum each. One (1) off-street parking space shall be provided for each manufactured home. One (1) such parking space shall be required at each site.

(9)

In manufactured housing land-lease communities of fifty (50) or more sites, the developer shall provide not less than five (5) percent of the gross site area for recreational facilities. The area may include space for community buildings and community-use facilities such as guest parking, adult recreation and child play areas, and swimming pools. No area to be computed as recreation space shall have a dimension less than twenty (20) feet measured in any direction.

(10)

All other provisions of this ordinance shall apply as a minimum.

(404.12-5) Continuance. It is the intent of this ordinance that manufactured homes and mobile homes lawfully located prior to the enactment of this ordinance but not meeting the terms of this ordinance be considered nonconforming uses. Such manufactured homes and mobile homes may be replaced only if they meet all the terms of this ordinance and all existing codes and regulations except as set forth below:

(1)

A mobile home may be replaced by a manufactured home if the location on the lot will not increase its nonconformity.

(2)

A recreational vehicle may be replaced by a recreational vehicle or a manufactured home.

(3)

In the case of a manufactured home or mobile home destroyed by fire or natural disaster, such mobile home may be replaced by a manufactured home or a destroyed manufactured home may be replaced by another manufactured home provided that in neither case may the location of the new manufactured home on the lot increase its nonconformity.

(4)

Additions and improvements. Additions and improvements to existing mobile homes are permitted only if the entire mobile home is brought into compliance with all existing codes and regulations.

(404.13)

Brewpubs and small craft breweries. Brewpubs and/or small craft breweries may be permitted by special exception in the C-3 Central Business District Commercial Zone and C-4 General Commercial Zone. All brewpubs and/or small craft breweries shall comply with the following requirements:

A.

Possess all applicable federal and state licenses for the manufacture and sale of beer and other malt beverage products.

B.

Outdoor storage shall not be permitted.

C.

Shall meet the parking requirements for restaurants, if required for restaurants in the zone.

D.

Site plan with identified loading areas must be presented to site plan review committee as part of the site plan submittal for approval.

E.

In addition to the provision of this chapter, the sale of alcohol for consumption on-premise or off-premise shall be regulated by the City of Vicksburg and Alcoholic Beverage Control under the Mississippi Department of Revenue, as applicable.

F.

A maximum of seventy-five (75) percent of the facility may be used for production purposes.

G.

All activities, except for loading, must occur indoors, unless otherwise approved by the zoning board as a part of the special exception.

H.

No outdoor seating, when abutting a residential zoning district.

I.

No drive-through facilities.

Approval of a business as a brewpub or a small craft brewery does not serve as approval to operate as a nightclub, tavern, lounge or other similar use regulated under the Vicksburg Zoning Ordinance.

(404.14)

Medical cannabis establishments; definitions.

Cannabis: All parts of the plan of the genus cannabis, the flower, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or its resin, including whole plant extracts. It does not mean cannabis derived from drug products approved by the Food and Drug Administration under Section 505 of the Food, Drug and Cosmetic Act.

Cannabis cultivation facility: Business entity licensed and registered by the Mississippi Department of Health that acquires, grows, cultivates and harvests medical cannabis in an indoor, enclosed, locked and secure area.

Cannabis disposal facility: Business licensed and registered by the Mississippi Department of Health that is involved in the commercial disposal or destruction of medical cannabis.

Cannabis micro-cultivation facility: Business entity that is licensed and registered by the Mississippi Department of Health that acquires, grows, cultivates and harvests medical cannabis in an indoor, enclosed, locked and secure area and, according to the Mississippi Medical Cannabis Act has a canopy space of less than two thousand (2,000) square feet according to the following designations:

(i)

Tier 1: Cannabis cultivation facility with a canopy space of one thousand (1,000) square feet or less

(ii)

Tier 2: Cannabis cultivation facility with a canopy space of more than one thousand (1,000) square feet but not more than two thousand (2,000) square feet.

Cannabis micro-processing facility: Business entity that is licensed and registered by the Mississippi Department of Health and adheres to the definition of a cannabis processing facility according to the definition laid out in this Code with the exception that less than three thousand (3,000) pounds of dried biomass is processed annually according to the following designations set forth by the Mississippi Medical Cannabis Act:

(i)

Tier 1: Cannabis processing facility which processes less than two thousand (2,000) pounds of dried biomass

(ii)

Tier 2: Cannabis processing facility which processes not less than two thousand (2,000) pounds but less than three thousand (3,000) pounds of dried biomass cannabis material.

Cannabis processing facility: Business entity that is licensed and registered by the Mississippi Department of Health that:

(i)

Acquires or intends to acquire cannabis from a cannabis cultivation facility;

(ii)

Possesses cannabis with the intent to manufacture a cannabis product;

(iii)

Manufactures or intends to manufacture a cannabis product from unprocessed cannabis or a cannabis extract; and

(iv)

Sells or intends to sell a cannabis product to a medical cannabis dispensary, cannabis testing facility or cannabis research facility.

Cannabis research facility: A research facility at any university or college in this state or an independent entity licensed and registered by the Mississippi Department of Health that acquires cannabis from cannabis cultivation facilities and cannabis processing facilities in order to research cannabis, develop best practices for specific medical conditions, develop medicines and provide commercial access for medical use.

Cannabis testing facility or testing facility: An independent entity licensed and registered by the Mississippi Department of Health that analyzes the safety and potency of cannabis.

Cannabis transportation entity: An independent entity licensed and registered by the Mississippi Department of Health that is involved in the commercial transportation of medical cannabis.

Canopy space: The total surface area within a cultivation area that is dedicated to the cultivation of flowering cannabis plants. The surface area of the plant canopy must be calculated in square feet and measured and must include all of the area within the boundaries where the cultivation of the flowering cannabis plants occurs. If the surface of the plant canopy consists of noncontiguous areas, each component area must be separated by identifiable boundaries. If a tiered or shelving system is used in the cultivation area the surface area of each tier or shelf must be included in calculating the area of the plant canopy. Calculation of the area of the plant canopy may not include the areas within the cultivation area that are used to cultivate immature cannabis plants and seedlings, prior to flowering, and that are not used at any time to cultivate mature cannabis plants.

Main point of entry: Primary entrance to a building; regarding business establishments the entrance by which customers or guests are primarily led to enter.

Medical cannabis: Cannabis, cannabis products and edible cannabis that are intended to be used by registered qualifying patients.

Medical cannabis dispensary or dispensary: An entity licensed and registered with the Mississippi Department of Revenue that acquires, possesses, stores, transfers, sells, supplies or dispenses medical cannabis, equipment for medical cannabis, or related supplies and educational materials to cardholders.

Medical cannabis establishment: Cannabis cultivation facility, cannabis processing facility, cannabis testing facility, cannabis dispensary, cannabis transportation entity, cannabis disposal entity or cannabis research facility licensed and registered by the appropriate agency.

Paraphernalia: Any equipment, product or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.

Public place: A church or any area to which the general public is invited or in which the general public is permitted, regardless of the ownership of the area, and any area owned or controlled by a municipality, county, state or federal government, including, but not limited to, streets, sidewalks or other forms of public transportation. Such term shall not mean a private residential dwelling.

School: An institution for the teaching of children, consisting of a physical location, whether owned or leased, including instructional staff members and students, and which is in session each school year. This definition shall include, but not be limited to, public, private, church and parochial programs for kindergarten, elementary, junior high and high schools. Such term shall not mean a home instruction program.

State Law reference— SB 2095, 2022 Regular Session of the Mississippi Legislature

(404.15)

Sale or distribution. As established by the Mississippi Medical Cannabis Act of 2022, medical cannabis establishments (cultivation facilities, cannabis processing facilities, cannabis transportation entities, cannabis disposal entities, cannabis research facilities, and cannabis testing facilities), are such entities issued licenses by the Mississippi Department of Health and conforming to the Medical Cannabis Act of 2022 to engage in the sale, distribution, transportation, disposal, research, testing, cultivation, and processing of medical cannabis to qualifying entities and individuals.

(404.16)

Hours of operation. The hours of operation of a medical cannabis establishment shall be from no earlier than 8:00 a.m. to no later than 9:00 p.m.

(404.17)

Restrictions on medical cannabis establishments and dispensaries.

(i)

Medical cannabis establishments shall not be within one thousand (1,000) feet from the nearest property boundary line of a school, church or child care facility which exists or has acquired necessary real property for the operation of such facility before the date of the medical cannabis establishment application unless the entity has received approval from the school, church or child care facility and received the applicable waiver from their licensing agency, provided that the main point of entry of the cannabis establishment is not located within five hundred (500) feet of the nearest property boundary line of any school, church or child care facility.

(ii)

Medical cannabis dispensaries cannot be located within a distance of one thousand, five hundred (1500) feet from the main point entry of another medical cannabis dispensary.

(iii)

Medical cannabis establishments cannot share office space with or refer patients to a medical practitioner and may not include a drive through, curbside pickup, or delivery services.

(iv)

Medical cannabis establishments cannot employ a person who:

a.

Was convicted of a disqualifying felony offense.

i.

Disqualifying felony offense means:

1.

Conviction for a crime of violence defined by Miss. Code Ann. Section 97-3-2;

2.

Conviction for a crime that was defined as a violent crime in the law of the jurisdiction in which the offense was committed, and that was classified as a felony in the jurisdiction where the person was convicted; or

3.

Conviction for a violation of a state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted, including the service of any term of probation, incarceration or supervised release within the previous five (5) years and the offender has not committed another similar offense since the conviction. Under this subparagraph, a disqualifying felony offense shall not include a conviction that consisted of conduct for which this chapter would likely have prevented the conviction but for the fact that the conduct occurred before the effective date of this act.

b.

Is under 21 years of age.

(v)

Medical cannabis establishments shall not allow an individual under the age of twenty-one (21) years old enter the premises of the establishment unless the individual possesses a registry identification card (identifies a person as a registered qualifying patient, nonresident registered qualifying patient or registered designated caregiver) and is accompanied by a legal guardian.

(Ord. No. 90-2, § 1, 5-25-90; Ord. No. 90-4, § 1, 5-25-90; Ord. No. 93-28, § 2, 8-10-93; Ord. No. 96-5, §§ 7—15, 9-25-96; Ord. No. 2004-02, §§ 1,2, 2-2-04; Ord. No. 2004-03, §§ 1,2, 2-2-04; Ord. No. 2006-09, §§ 1—3, 5-25-06; Ord. No. 2007-08, §§ 1, 2, 6-22-07; Ord. No. 2007-20, §§ 1, 2, 12-3-07; Ord. No. 2017-09, § 2, 12-22-17; Ord. No. 2022-06, § 2, 5-25-22)

(405.1)

Lot of record. Except as herein provided, in any residential district or zone where the owner of a lot at the time of the adoption of this ordinance or his successor in title thereto does not own sufficient land to enable him to conform [to] the minimum lot area and/or minimum lot width requirements of this ordinance, such lot may be used as a building site for a single-family residence, provided that the minimum lot size shall not be less than five thousand (5,000) square feet.

(405.2)

Exceptions to height limits.

(405.2-1)

The height limitations of this ordinance shall not apply to church spires, belfries, cupolas and domes not intended for human occupancy, monuments, water towers, observation towers, chimneys, smokestacks, conveyors, flagpoles, masts and aerials, penthouses, scenery lofts, standpipes, false mansards, parapet walls, outdoor theater screens, other similar structures and necessary mechanical appurtenances, provided their construction is in accordance with existing or hereafter adopted ordinances of the City of Vicksburg.

(405.3)

Fire escapes. Open or enclosed fire escapes, fireproof outside stairways and balconies projecting into a yard not more than (5) feet or into a court not more than three and one-half (3½) feet, and the ordinary projections of chimneys and fire escapes may be permitted by the building official where same are so placed as not to obstruct the light and ventilation.

(405.4)

Establishments dispensing of motor fuels. Any establishment dispensing motor fuels shall be so constructed that, for driveways parallel to the street's boundary line, the center of the pump shall be at least eighteen (18) feet from the parallel street property line, and, if on a corner lot, the end pump shall be at least eighteen (18) feet from the other street property line. For driveways built diagonally across the corner lot, the centerline pumps shall be at least twenty-five (25) feet from the street corner of the lot, which shall be measured along a line bisecting the angle of intersecting streets, and the end pumps shall be at least eighteen (18) feet from the property line.

(Ord. No. 96-5, §§ 16—19, 9-25-96; Ord. No. 98-2, § 1, 1-9-98; Ord. No. 2004-19, §§ 6, 7, 11-1-04)

(406.1) R-1 Single-Family Residential Zone.

(406.1-1) Uses permitted. Single-family dwellings and accessory structures.

(406.1-2) Building height. No structure shall exceed thirty-five (35) feet in height unless the provisions of [subsection] (406.1-5)(5) are met.

(406.1-3) Required lot area and lot width. Every dwelling shall be located on minimum lot of not less than ten thousand (10,000) square feet in area and shall have a width determined at the building setback line of not less than ninety (90) feet.

(406.1-4) Percentage of lot coverage. Buildings, including accessory structures, shall not cover more than thirty-five (35) percent of the area of any lot.

(406.1-5) Yards required.

(1)

Front yards. The front yard building setback line shall be a minimum of thirty (30) feet from any existing right-of-way line of any street or road, including those shown on the City of Vicksburg Major Thoroughfare Plan.

(2)

Side yards. There shall be a minimum side yard of ten (10) feet on each side of any structure, measured from the side lot line to the nearest building.

(3)

Rear yards. There shall be a minimum rear yard setback of not less than ten (10) feet.

(4)

Yards of public or semipublic buildings. All public or semipublic buildings, including accessory buildings, shall provide the same front yard as required for all other buildings in this zone. There shall be a minimum side yard and rear yard setback for such buildings of fifty (50) feet from the respective lot line.

(5)

There shall be an additional minimum setback of one (1) foot for the front, each side, and rear yards for each one (1) foot in building height over thirty-five (35) feet.

(406.1-6)

Parking. See Section 407.

(406.1-7)

Signs. See Section 408.

(406.2)

R-2 Single-Family Residential Zone.

(406.2-1) Uses permitted. Single-family dwellings and accessory structures.

(406.2-2) Building heights. No building shall exceed thirty-five (35) feet in height unless the provisions of [subsection] 406.2-5(5) are met.

(406.2-3) Required lot area and lot width. Every dwelling shall be located on a single lot of not less than seven thousand (7,000) square feet in area and shall have a width determined at the building setback line of not less than seventy (70) feet.

(406.2-4) Percentage of coverage. Buildings, including accessory buildings and structures, shall not cover more than thirty-five (35) percent of the area of any lot.

(406.2-5)

Yards required.

(1)

Front yards. The front yard building setback shall be a minimum of thirty (30) feet from any existing right-of-way line of any street or road, including those shown on the City of Vicksburg Major Thoroughfare Plan.

(2)

Side yard. There shall be a minimum side yard of eight (8) feet on each side of any structure, measured from the side lot line to the nearest building or structure.

(3)

Rear yards. There shall be a minimum rear yard setback of not less than eight (8) feet.

(4)

Yards for public and semipublic buildings. All public and semipublic buildings, including accessory buildings, shall provide the same front yard as required for all other buildings in this zone. There shall be a minimum side yard and rear yard setback of thirty (30) feet from any lot line.

(5)

There shall be an additional minimum setback of one (1) foot for the front, each side, and rear yards for each one (1) foot in building height over thirty five (35) feet.

(406.2-6)

Parking. See Section 407.

(406.2-7)

Signs. See Section 408.

(406.3)

R-3 Two-Family Residential Zone.

(406.3-1) Uses permitted.

(1)

Any use permitted in the R-2 zone;

(2)

Two-family or duplex dwellings;

(3)

Other similar uses by administrative permit.

(406.3-1.1) Uses permitted by special exception.

(1)

Personal care homes under the following conditions:

(a)

That the zoning board of appeals finds and determines that the granting of the special exception will not adversely affect the public interest and that the proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare;

(b)

That any increase in the approved number of beds, or in any increase in the square footage of the facility, would necessitate review and approval by the zoning board of appeals;

(c)

That as a condition to the issuance of a certificate of occupancy by the building official, the applicant provide the building official with a license from the State of Mississippi, Department of Health, for the operation of a personal care home;

(d)

The current license issued by the Mississippi State Department of Health shall be posted in a conspicuous place on the licensed premises and shall be available for review by any interested person.

(2)

Group care support facilities under the following conditions:

(a)

Minimum size of parcel: Two (2) acres;

(b)

Building height, percentage of lot coverage, parking and loading: The height of any structure, the percentage of lot coverage, parking and loading shall comply with the provisions of subsections (406.3-2) and (406.3-4) and Section 407, respectfully;

(c)

Yards required: Front, side and rear yards of dwelling units shall comply with the provisions of subsection (406.4-6). Yards for accessory structures shall comply with the section of this ordinance which first allows the principal use conducted in the accessory structure. However, in no case shall any accessory structure be located closer to any front, side or rear property line than twenty-five (25) feet;

(d)

Accessory uses permitted: Upon review and approval as an integral part of a group care support facility, the zoning board of appeals may hear and decide requests for support services such as education, counseling, religious training, training, rehabilitation and recreation and such structures and facilities as may be proposed in connection with the provision of such services. The size, design, siting, number and landscaping of such structures and facilities shall be determined by the zoning board of appeals with regard to, but not necessarily limited to, such considerations as: (1) size of parcel, (2) proposed location of structure and facility; (3) anticipated use(s) of the structure and facility; (4) anticipated level of use (activity); (5) the relationship of the proposed use(s) structure and facility to the existing use(s) and character of adjacent properties and other properties in the area;

(e)

Development design standards: Proposed structures shall be designed to be compatible with adjacent development in terms of architectural design, exterior building materials, arrangement of buildings and other features. To the extent feasible, such buildings shall have exterior materials of wood, stone, drivit, stucco, split-faced block or similar designer block covering a minimum fifty (50) percent of each building which faces a street or is visible from the roadway on which the principal entrance of the parcel is located. The fifty (50) percent requirement shall be calculated based upon the entire area of said building side including windows, doors and gable ends;

(f)

Lighting: All exterior lighting, such as that used in and around buildings, recreation areas, parking lots and signs, shall be designed to protect against the spill over of light to adjacent properties that contain dwelling and other uses provided sleeping quarters;

(g)

Signs: Signs shall regulated by such conditions imposed by approval of the special exception, or if no conditions are so imposed, then signs shall be regulated pursuant to subsection (408.4-2);

(h)

Site plan requirements:

1.

Statement describing in detail the character and intended use of the development;

2.

A dimensioned site plan based on an exact survey by a registered land surveyor and/or properly recorded plat of the property drawn to scale of sufficient size to show:

a.

Exact location of all buildings and structures;

b.

All means of ingress and egress;

c.

All landscaping, buffer yards, and screening;

d.

Off-street parking and loading areas;

e.

Refuse collection areas;

f.

Access to utilities and point of utilities hookup;

g.

Natural features such as streams, lakes or other topographic features, trees or the like;

h.

Grading plan; and

i.

Exact location of all signs;

(3)

Storm drainage and sanitary sewer plans;

(4)

Plans for recreation facilities, if any, including buildings for such use;

(5)

Such additional data, maps, plans or statements as may be required for the particular use or activity involved; and

(6)

Such additional data as the applicant may believe is pertinent to the site plan.

(3)

Bed and breakfast pursuant to the definition located in section 201.

(406.3-2) Building height. No building shall exceed thirty-five (35) feet in height unless the provisions of subsection (406.3-5)(4) are met.

(406.3-3) Required lot area and lot width.

(1)

Every single-family dwelling shall be located on a single lot of not less than five thousand (5,000) square feet in area and shall have a width determined at the building setback line of not less than fifty (50) feet.

(2)

Every two-family or duplex residence shall be located on a lot or lots of not less than eight thousand (8,000) square feet in area and shall have a width determined at the building setback line of not less than eighty (80) feet.

(406.3-4) Percentage of cover. Buildings, including accessory buildings, shall not cover more than forty (40) percent of the area of any lot.

(406.3-5)

Yards required.

(1)

Front yards. The front yard building setback line shall be a minimum of twenty-five (25) feet from any existing right-of-way line of any street or road including all those shown on the City of Vicksburg Major Thoroughfare Plan.

(2)

Side yards. There shall be a minimum side yard of five (5) feet on each side of any single-family structure, measured from the side lot line to the nearest building, and there shall be a minimum side yard of six (6) feet on each side of any duplex or two-family structure, measured from the side lot line to the nearest building.

(3)

Rear yards. There shall be a minimum rear yard setback of not less than five (5) feet.

(4)

Yards for public and semi-public buildings. All public and semi-public buildings, including accessory buildings, shall provide the same front yard as required for all other buildings in this zone. There shall be a minimum side yard and rear yard set back of thirty (30) feet from any lot line.

(5)

There shall be an additional minimum setback of one (1) foot for the front, each side, and rear yards for each one (1) foot in building height over thirty-five (35) feet.

(406.3-6) Off-street parking and loading requirements. See Section 407.

(406.3-7) Signs and outdoor advertising. See Section 408.

(406.4)

CBR-4 Commercial, Business and Multifamily Residential Zone.

(406.4-1) Uses permitted.

(1)

Any use permitted in the R-3 zone;

(2)

Multifamily dwellings;

(3)

Business and professional offices which include, but are not limited to, privately owned medical or dental clinics;

(4)

Institution for children or the aged, not including penal or correctional types;

(5)

Studios of artists or photographers;

(6)

Institutions of educational, philanthropic or eleemosynary nature other than those of a correctional nature or for mental care;

(7)

Boarding houses;

(8)

Personal service shops for barbering, beauty culture or physical culture; health club, fitness center;

(9)

Monastery, convent or similar institution of religious training;

(10)

Other similar uses by administrative permit.

(406.4-2) Uses permitted by special exception.

(1)

Tourist homes.

(a)

Upon request, the zoning board of appeals may hear and decide, as a special exception, requests for tourist homes as defined in Article II, Definitions and Words, Section 201, Definitions, provided that the property requested is listed individually on the National Register of Historic Places or designated as a "Vicksburg Landmark" by Ordinance 86-4.

(b)

Upon request, the board may also hear and decide, as a special exception requests for tourist homes to operate restaurant facilities open to the public provided that the following conditions are met:

(1)

The use of the building and property as a limited service restaurant is clearly incidental to the primary use of the property as a tourist home.

(2)

The total number of off-street parking spaces shall be not less than those required pursuant to Section 407 of this ordinance for the sale and consumption on the premises of beverages, food or refreshments, in addition to any off-street parking spaces existing for exclusive use of the tourist home and customary and accessory uses at the time of the adoption of this ordinance.

(c)

Upon request, the board may also hear and decide, as a special exception for tourist homes to operate a gift shop open to the public provided that the use of the building and property for the retail gift shop is clearly incidental to the primary use of the property as a tourist home.

(2)

Personal care homes under the following conditions:

(a)

That the location of the proposed personal care home fronts or has its primary access to at least a collector street as identified on the city's comprehensive plan or such dedicated public street as the city engineer determines by definition of a collector street and recommends such to the zoning board of appeals;

(b)

That the zoning board of appeals finds and determines that the granting of the special exception will not adversely affect the public interest and that the proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare;

(c)

That any increase in the approved number of beds, or in any increase in the square footage of the facility, would necessitate review and approval by the zoning board of appeals;

(d)

That as a condition to the issuance of a certificate of occupancy by the building official, the applicant provide the building official with a license from the State of Mississippi, Department of Health, for the operation of a personal care home;

(e)

The current license issued by the Mississippi Department of Health shall be posted in a conspicuous place on the licensed premises and shall be available for review by any interested person.

(3)

Class B child care facilities.

(4)

Uses permitted by special exception in this zone by other provisions of the zoning ordinance.

(5)

Leisure and Recreation District Uses permitted by Special Exception. See Code of Ordinances, Chapter 3, Section 3-15 for the boundary of the Vicksburg Leisure and Recreation District.

1.

Small Craft Brewery and Brew Pubs.

2.

Any use selling light wine, beer and/or alcoholic beverages in the leisure and recreation district, other than a full service restaurant;

(406.4-3) Building height. No building shall exceed forty-five (45) feet in height.

(406.4-4) Required lot area and lot width.

(1)

Every single-family dwelling shall be located on a single lot of not less than five thousand (5,000) square feet in area and shall have a width determined at the building setback of not less than fifty (50) feet.

(2)

Every duplex or two-family residence shall be located on a lot or lots of not less than eight thousand (8,000) square feet in area and shall have a width determined at the building setback line of not less than seventy-five (75) feet.

(3)

Every multifamily residence shall be located on a lot or lots of not less than eight thousand (8,000) square feet, provided that not more than four (4) dwelling units shall be permitted on the lot. A minimum of two thousand (2,000) square feet shall be provided for every dwelling unit thereafter. The minimum lot width shall be not less than eighty (80) feet as determined at the building setback line.

(4)

For nonresidential uses, no restrictions except to satisfy the requirements of subsections (406.4-5), (406.4-6) and (406.4-7).

(406.4-5) Percentage of lot coverage. Buildings, including accessory structures, shall not cover more than forty (40) percent of the area of any lot.

(406.4-6) Yards required.

(1)

Front yards. The front yard building setback line shall be a minimum of twenty-five (25) feet from any existing right-of-way line of any street or road, including those shown on the City of Vicksburg Major Thoroughfare Plan.

(2)

Side yards. Side yards of single-family and two-family residences shall conform to [sub]section (406.3-5)(2). There shall be a minimum side yard of ten (10) feet on each side of a multifamily residence, measured from the side lot line to the nearest structure.

(3)

Rear yards. There shall be a minimum rear yard setback of not less than ten (10) feet for any residential structure or any accessory structure or building.

(406.4-7) Off-street parking and loading requirements. See Section 407.

(406.4-8) Signs and outdoor advertising. See Section 408.

(406.5) R-5 Multifamily Residential Zone.

(406.5-1) Uses permitted.

(1)

Multifamily dwellings.

(a)

The following uses shall be permitted within any multifamily dwelling building within this district zone; provided, however that there are at least forty (40) dwelling units within the building, and the main entrance to the following uses shall be from within the building only and primarily intended to serve the residents of the building. Advertising of any commercial uses shall be within the building, on the first or ground floor only, and shall not be visible from outside said building.

(1)

Barbershop;

(2)

Beauty shop;

(3)

Bookstore and/or newsstand;

(4)

Bowling alley;

(5)

Flower shop;

(6)

Gymnasium;

(7)

Hobby shop;

(8)

Indoor swimming pool;

(9)

Pharmacy and/or drugstore;

(10)

Professional offices;

(11)

Limited to snack bars, refreshment stands and vending machines.

(406.5-2) Building height. None.

(406.5-3) Required lot area and lot width.

(1)

Every multifamily residence shall be located on a lot or lots of not less than eight thousand (8,000) square feet, provided that not more than four (4) dwelling units shall be permitted on the lot. A minimum of two thousand (2,000) square feet shall be provided for every dwelling unit thereafter. The minimum lot width shall not be less than eighty (80) feet as determined at the respective building setback line.

(2)

Fourth, fifth and sixth floors shall require seven hundred fifty (750) square feet of ground area per dwelling unit.

(3)

Seventh, eighth and ninth floors shall require six hundred (600) square feet of ground area per dwelling unit.

(4)

Tenth and successive floors shall require four hundred (400) square feet of ground area per dwelling unit.

(5)

Lot widths determined at the building setback line shall be one hundred (100) feet.

(406.5-4) Percentage of lot coverage. Buildings, including accessory structures, shall not cover more than forty (40) percent of the area of any lot.

(406.5-5) Yards required.

(1)

Front yards. The front yard building setback line shall be a minimum of twenty-five (25) feet from any existing right-of-way line of any street or road, including those shown on the City of Vicksburg Major Thoroughfare Plan.

(2)

Side yards. Each side yard shall be ten (10) feet, except where the side yard abuts any street or road, including those shown on the City of Vicksburg Major Thoroughfare Plan, in which case the minimum side yard shall be twenty-five (25) feet.

(3)

Rear yards. There shall be a minimum rear yard setback of not less than ten (10) feet.

(4)

There shall be an additional minimum setback of one (1) foot for the front, each side and rear yards for each one (1) foot in building height over forty-five (45) feet.

(5)

There shall be an additional side and rear yard requirement of thirty-five (35) feet where said use abuts any single- or two-family residential zone.

(406.5-6) Off-street parking and loading requirements. See Section 407.

(406.5-7) Signs and outdoor advertising. See Section 408.

(406.6)

RMHP Residential Mobile Home Park Zone. From and after September 25, 1996, no new residential mobile home park zones shall be allowed. Residential mobile home park development within the existing residential mobile home park zone will be allowed to continue under the provisions of this section; however, only manufactured homes, as defined in Section 201 of this ordinance, shall be allowed as additional or replacement units in this zone. Mobile homes in place at the date referenced above within the residential mobile home park zone shall become nonconforming uses and shall be subject to the requirements of subsection (404.12-5) of this ordinance.

(406.6-1) Uses permitted.

(1)

Mobile homes.

(406.6-2) Accessory uses.

(1)

Customary accessory buildings and uses.

(406.6-3) Building height. No building or mobile home shall exceed twenty-five (25) feet in height.

(406.6-4) Required park site, mobile home lot area and lot width.

(1)

Each mobile home park site shall have a minimum of six (6) acres, and shall have a minimum distance of five hundred (500) feet as measured along a dedicated right-of-way.

(2)

Each mobile home within the mobile park shall be located on a lot of not less than three thousand (3,000) square feet and shall have a width determined at the front lot line of not less than thirty-two (32) feet.

(406.6-5) Percentage of lot coverage. Buildings and mobile homes, including accessory structures, shall not cover more than thirty-five (35) percent of the area of any lot.

(406.6-6) Yards required.

(1)

Front yards. The front yard setback line shall be a minimum of twelve (12) feet.

(2)

Side yards. There shall be a minimum of five (5) feet on the non-entrance side of the mobile home and fifteen (15) feet on the entrance side of the mobile home; in the event that the mobile home may have an entrance on both sides, there shall be required a side yard of fifteen (15) feet on each side.

(3)

Rear yards. There shall be a minimum rear yard of twelve (12) feet.

(4)

No mobile home shall be located closer than twenty-five (25) feet to a dedicated right-of-way.

(406.6-7) Off-street parking and loading requirements. See Section 407.

(406.6-8) Signs and outdoor advertising. See Section 408.

(406.7) C-1 Neighborhood Commercial Zone.

(406.7-1) Uses permitted. Places of business offering products for sale at retail prices and principally supplying everyday household needs, such establishments as:

(1)

Drugstores;

(2)

Grocery stores;

(3)

Bakery shops;

(4)

Full service restaurants and fast food restaurants without drive-in or drive-through service;

(5)

Service stations;

(6)

Convenience stores;

(7)

Shoe repair shop or similar service establishment;

(8)

Banks;

(9)

Class B child care facility;

(10)

Florist shop;

(11)

Washaterias and dry cleaners;

(12)

Cleaning and laundry pick-up stations;

(13)

Other similar uses by administrative permit;

(14)

Automotive maintenance services (minor).

(406.7-2) Uses permitted by special exception.

(1)

Automotive repair services (major).

(406.7-3) Accessory uses permitted.

(1)

Customary related uses incidental to a permitted use, except that outdoor storage shall be prohibited;

(406.7-4) Building height. No building shall exceed thirty-five (35) feet in height.

(406.7-5) Required lot area and lot width. No restrictions except to satisfy the requirements of Subsections (406.7-5), (406.7-6), (406.7-7).

(406.7-6) Percentage of lot coverage. The sum total of all buildings shall not cover more than forty-five (45) percent of the area of the lot.

(406.7-7) Yards required.

(1)

Front yards. The front yard building setback line shall be a minimum of fifty (50) feet from any existing right-of-way line of any street or road, including those shown on the City of Vicksburg Major Thoroughfare Plan.

(2)

Side yards. None required unless abutting the R-1, R-2, CBR-4, R-4, R-5, R-6, RMHP, A-1, A-2 or MX-1 zones, in which case there shall be a side yard of fifty (50) feet along said zone boundary.

(3)

Rear yards. There shall be a minimum rear yard setback of not less than twenty-five (25) feet, except where the rear yard abuts an R-1, R-2, CBR-4, R-4, R-5, R-6, RMHP, A-1, A-2 or MX-1 zone, in which case the minimum rear yard setback shall not be less than fifty (50) feet.

(406.7-8) Off-street parking and loading requirements. See Section 407.

(406.7-9) Signs and outdoor advertising. See Section 408.

(406.8)

C-2 Highway Commercial Zone. The C-2 or Highway Commercial Zone is established to provide services for the motoring public, a large part of which is through traffic. In order to discourage congestion, traffic hazards and blighting effects of strip commercial development, C-2 zones shall not be closer together than approximately one (1) mile and shall be restricted in size to not less than ten (10) acres.

No uses permitted in this zone shall be dangerous or offensive or detrimental to the present or intended character of this zone or vicinity by reason of the emission of dust, gas, smoke, noise, fumes, glare, odors, vibrations or fire hazards.

(406.8-1) Uses permitted.

(1)

Any use permitted in the C-1 zone;

(2)

Hotels, motels;

(3)

Full service, fast food and limited service restaurants;

(4)

Automotive maintenance services (minor) and automotive repair services (major).

(5)

Garage, repair;

(6)

Recreational uses and places of amusement;

(7)

Other similar uses by administrative permit.

(406.8-1.1) Uses permitted by special exception.

(a)

Nightclubs.

(406.8-2) Building height. No restrictions.

(406.8-3) Required lot area and lot width. No restrictions except to satisfy the requirements of Subsections (406.8-4), (406.8-5) and (406.8-6).

(406.8-4) Percentage of lot coverage. Principal and accessory buildings shall not cover more than fifty (50) percent of the lot.

(406.8-5) Yards required.

(1)

Front yards. The front yard building setback line for all buildings and accessory buildings shall be a minimum of seventy-five (75) feet from any existing right-of-way line of any street or road.

(2)

Side yards. None required unless abutting the R-1, R-2, CBR-4, R-4, R-5, R-6, RMHP, A-1, A-2 or MX-1 zones, in which case there shall be a side yard of fifty (50) feet along said zone boundary.

(3)

Rear yards. There shall be a minimum rear yard setback of not less than twenty-five (25) feet, except where the rear yard abuts an R-1, R-2, CBR-4, R-4, R-5, R-6, RMHP, A-1, A-2 or MX-1 zone, in which case the minimum rear yard setback shall not be less than fifty (50) feet.

(406.8-6) Off-street parking and loading requirements. See Section 407.

(406.8-7) Signs and outdoor advertising. See Section 408.

(406.9)

C-3 Central Business District Commercial Zone. The C-3 or Central Business District Commercial Zone is established to provide areas for the major commercial activities of the city. The C-3 zone is established to:

(1)

Protect present business and commercial uses from the blighting effects of incompatible land uses;

(2)

Encourage the development of the downtown area as the shopping and commercial core of the city and surrounding region;

(3)

Encourage the eventual elimination of uses detrimental or inappropriate to the proper function of the Central Business District.

No use permitted in this zone shall constitute a nuisance or be dangerous or offensive or detrimental to the present or intended character of this zone or vicinity by reason of the emission of dust, gas, smoke, noise, fumes, glare, vibrations or fire hazard.

(406.9-1) Uses permitted.

(1)

Any use permitted in the CBR-4 and C-1 zones;

(2)

Antique shop, pawn shop;

(3)

Apparel store, variety shop;

(4)

Home furnishing sales, rental and repair;

(5)

Art studios, music and instrument sales, are sales and frame shop;

(6)

Hospital

(7)

Gift shop; hobby and craft store;

(8)

Hardware store, paint store, appliance sales, rental and repair;

(9)

Office and/or office building;

(10)

Printing and publishing establishment, office and business equipment and supply sales, rental and repair;

(11)

Garage, public; public parking lot;

(12)

Theater (indoor), museum, book store;

(13)

Apartments (including high-rise such as allowed in Subsection (406.5-1);

(14)

Custom sign painting shop;

(15)

Tobacco shop and liquor store;

(16)

Personal care home;

(17)

Any similar retail use by administrative permit, provided such use is devoted primarily to retail sales;

(18)

Full service and fast food without drive-in or drive-through service;

(19)

Hotels and motels;

(20)

Automotive maintenance services (minor) and automotive repair services (major);

(21)

Recreational uses and places of amusement.

(406.9-1.1) Uses permitted by special exception.

(a)

Outdoor display and storage of finished products which are intended for outdoor use.

(b)

Brewpub and/or small craft brewery.

(c)

Leisure and Recreation District Uses permitted by Special Exception. See Code of Ordinances, Chapter 3, Section 3-15 for the boundary of the Vicksburg Leisure and Recreation District.

1.

Small Craft Brewery and Brew Pubs.

2.

Any use selling light wine, beer and/or alcoholic beverages in the leisure and recreation district, other than a full service restaurant;

(406.9-2) Building height. No restrictions.

(406.9-3) Required lot area and lot width. No restrictions except to satisfy the requirements of Subsections (406.9-4), (406.9-5) and (406.9-6).

(406.9-4) Percentage of lot coverage. Except as provided in [subsection] (406.9-5) below, the entire lot area may be used for building purposes.

(406.9-5) Yards required.

(1)

Front yards. None required.

(2)

Side yards.

(a)

None required in areas which are already built up. In other areas there shall be a minimum side yard of twelve (12) feet to ensure access of fire-fighting equipment. Such side yards are not required where fireproof construction approved by the building inspector is used.

(b)

Where said use abuts any residential zone, there shall be a side yard clearance on the side abutting the residential zone of thirty (30) feet. Such space shall remain open and unoccupied by any building or accessory building or use.

(3)

Rear yards. Rear yards shall only be required where such yard abuts any residential zone. In such cases, rear yards shall be a minimum of fifty (50) feet. Such space shall remain open and unoccupied by any building or accessory buildings.

(406.9-6) Off-street parking and loading. See Section 407.

(406.9-7) Signs and outdoor advertising. See Section 408.

(406.9-8) Storage. Unless permitted by special exception in Section 406.9-1.1, storage of items shall be contained entirely within an enclosed building. No outdoor storage is allowed without a special exception.

(406.10)

C-4 General Commercial Zone. The C-4 General Commercial Zone is established to provide areas for those heavier types of commercial uses which generate significant amounts of truck traffic or because of other characteristics are not compatible when located adjacent to residential or other types of commercial uses. No uses will be permitted in this zone that are dangerous or offensive or detrimental to the present or intended character of this zone or vicinity by reason of the emission of dust, gas, smoke, noise, fumes, glare, odors, vibrations or fire hazards.

(406.10-1) Uses permitted.

(1)

Any use permitted in the CBR-4, C-1, C-2 and C-3 zones;

(2)

Animal hospitals and pet shops (provided there are no runs or kennels);

(3)

Automobile sales, service and repair; watercraft and motorcycle sales, service and repair;

(4)

Automatic car wash facilities; auto detailing;

(5)

Carpet and upholstery cleaning service;

(6)

Laundries;

(7)

Tire sales, installation and repair;

(8)

Plumbing sales, retail, and wholesale, and repair services; air conditioning/heating sales and service;

(9)

Radio and television sales, and repair services;

(10)

Outdoor storage and display of products, equipment, vehicles or materials normally sold outdoors and where the sale of said items are normally a part of the business operations on that property;

(11)

Other similar uses by administrative permit;

(12)

Storage containers are allowed by administrative permit for one (1) six-month period every twelve (12) months. Containers shall be painted a neutral color such as gray, beige or tan, and all containers on site shall match in color and in design. Containers must not block ingress or egress and shall be located at the extreme rear or back of the property. Signage on containers shall not exceed six (6) square feet;

(13)

Teen club;

(14)

Medical cannabis dispensary;

(15)

Medical cannabis research facility;

(16)

Medical cannabis testing facility.

(406.10-2) Uses permitted by special exceptions.

(1)

Construction equipment sales, repair and storage;

(2)

Farm equipment sales, repair and storage;

(3)

Recreational vehicle sales, repair and storage;

(4)

Ice plants;

(5)

Nightclubs;

(6)

Farm and garden supply, feed store;

(7)

Manufactured home sales;

(8)

Milk distributing stations;

(9)

Uses permitted by special exception in this zone by other provisions of the zoning ordinance;

(10)

Brewpub and/or small craft brewery.

(11)

Leisure and Recreation District Uses permitted by Special Exception. See Code of Ordinances, Chapter 3, Section 3-15 for the boundary of the Vicksburg Leisure and Recreation District.

1.

Small Craft Brewery and Brew Pubs.

2.

Any use selling light wine, beer and/or alcoholic beverages in the leisure and recreation district, other than a full service restaurant.

(12)

Shooting ranges, indoor.

(406.10-3) Building height. No restrictions.

(406.10-4) Required lot area and lot width. No restrictions, except to satisfy the requirements of subsections (406.10-5), (406.10-6) and (406.10-7).

(406.10-5) Percentage of lot coverage. No restrictions, except to satisfy the requirements of subsections (406.10-6) and (406.10-7).

(406.10-6) Yards required.

(1)

Front yards. None required.

(2)

Side yards.

A.

None required in areas which are already built up. In other areas, there shall be a minimum side yard of twelve (12) feet to ensure access of (to) fire fighting equipment. Such side yards are not required where fireproof construction approved by the building official is used.

B.

Where said use abuts an R-1, R-2, R-3, CBR-4, R-5, R-6, RMHP, A-1, A-2 or MX-1 zone, there shall be a side yard clearance on the side abutting the residential zone of thirty (30) feet. Such space shall remain open and unoccupied by any building or accessory building or use.

(3)

Rear yards. None required except where the rear yard abuts an R-1, R-2, R-3, CBR-4, R-5, R-6, RMHP, A-1, A-2 or MX-1 zone. In such cases, rear yards shall be a minimum of fifty (50) feet. Such space shall remain open and unoccupied by any building or accessory buildings.

(406.10-7) Off-street parking and loading requirements. See Section 407.

(406.10-8) Signs and outdoor advertising. See Section 408.

(406.11) L-1 Light Industrial Zone.

(406.11-1) Uses permitted. The following listed uses shall be permitted, provided that they are not obnoxious or offensive due to the emission of noise, odor, dust, gas or vibrations or do not contain a nuisance:

(1)

Any use in C-4 except restaurants and nightclubs;

(2)

Lumberyards;

(3)

Bakeries, wholesale;

(4)

Manufactured home assembly, production and sales;

(5)

Mobile home assembly, production and sales;

(6)

Modular building assembly, production and sales;

(7)

Portable building assembly, production and sales;

(8)

Recreational vehicle assembly, production and sales;

(9)

Ceramic products manufacturing;

(10)

Electrical equipment, machinery and supplies manufacturing;

(11)

Manufacturers of instruments for professional, scientific, photographic, optical and similar uses;

(12)

Refrigerating plants;

(13)

Cosmetic manufacturing;

(14)

Furniture manufacturing, wood products manufacturing;

(15)

Glass products manufacturing;

(16)

Jewelry manufacturing;

(17)

Laboratories;

(18)

Leather products manufacturing;

(19)

Millwork and cabinet making;

(20)

Steel distributors and warehouses;

(21)

Pharmaceuticals manufacturing;

(22)

Plastic products manufacturing;

(23)

Railroad depot, passenger and freight;

(24)

Sheet metal products (light) manufacturing;

(25)

Sign manufacturers;

(26)

Television and radio broadcasting transmitters and/or towers;

(27)

Textile products manufacturing;

(28)

Truck terminals, truck and trailer service;

(29)

Warehouse or storage buildings;

(30)

Water distillation;

(31)

Drilling, boring equipment, supplies and services;

(32)

Animal hospitals, permitting housing and/or boarding of animals and runs;

(33)

Other similar uses by administrative permit;

(34)

Cannabis cultivation facility, tier 1-2;

(35)

Cannabis micro-cultivation facility, tier 1-2;

(36)

Cannabis processing facility, tier 1-2;

(37)

Cannabis micro-processing facility, tier 1-2;

(38)

Data center including data center related facilities.

(406.11-1.1) Uses permitted by special exception:

(a)

Full service and fast food restaurants;

(b)

Nightclubs;

(c)

Public/quasi-public facilities and utilities associated with data centers.

(406.11-2) Building height. No restrictions.

(406.11-3) Required lot area and lot width. A minimum lot size of one (1) acre shall be required for any light industrial use. No requirements shall be established as a minimum lot width contingent upon compliance with subsections (406.11-4), (406.11-5) and Section 407. Those uses permitted in C-1, C-2, C-3, and C-4 zoning districts are excepted from industrial lot area and width requirements but shall conform to the lot area and width requirements of the closest commercial zoning district to the subject property's frontage along a dedicated public right-of-way.

(406.11-4) Percentage of lot coverage. Buildings, including accessory buildings, shall not cover more than fifty (50) percent of the area of any lot. Those uses permitted in C-1, C-2, C-3 and C-4 zoning districts are excepted from the industrial percentage of lot coverage requirements but shall conform to the percentage of lot coverage requirements of the closest commercial zoning district to the subject property's frontage along a dedicated public right-of-way.

(406.11-5) Yards required.

(1)

Front yards. The front yard building setback line shall be a minimum of seventy-five (75) feet from any existing right-of-way line of any street or road, as shown on the City of Vicksburg Major Thoroughfare Plan.

(2)

Side yards. There shall be a minimum side yard on each side of any building or structure of twenty-five (25) feet, measured from the side lot line to the nearest building or structure. Where said use abuts any residential zone, there shall be a side yard clearance on the side abutting the residential zone of seventy-five (75) feet. Such space shall remain open and unoccupied by any building or accessory building or use.

(3)

Rear yards. There shall be a minimum rear yard, measured from the rear property line to the nearest building, of fifty (50) feet. Such space shall not be occupied by any building or accessory use. Where said use abuts any residential zone, there shall be a rear yard of at least one hundred (100) feet, measured from the rear property line to the nearest building. Such space shall remain open and occupied by any building or accessory use.

(4)

Nonindustrial uses. Those uses permitted in the C-1, C-2, C-3, and C-4 zoning districts are excepted from the above yard requirements but shall conform to the yard requirements of the closest commercial zoning district to the subject property's frontage along a dedicated public right-of-way.

(406.11-6) Off-street parking and loading. See Section 407.

(406.11-7) Signs and outdoor advertising. See Section 408.

(406.12) L-2 Heavy Industrial Zone.

(406.12-1) Uses permitted.

(1)

All uses permitted in the L-1 zone;

(2)

Food products manufacturing, processing;

(3)

Paint manufacturing;

(4)

Foundries, furnaces (industrial), iron works;

(5)

Metal fabricating plants; (heavy);

(6)

Millwork and flooring processing;

(7)

Plywood, veneer and similar wood product manufacturing;

(8)

Rubber manufacturing; tire retreading, recapping and manufacturing;

(9)

Thermal insulation production; fiberglass fabrications;

(10)

Animal hospital, permitting housing and/or boarding of animals and runs;

(11)

Sawmills;

(12)

Other similar uses by administrative permit;

(13)

Accessory building and uses related to the operation of permitted uses within this zone;

(14)

Retail sale of any commodity manufactured, processed, fabricated or warehoused only on the premises, and equipment, supplies and materials designed especially for use in agriculture, mining, industry, business, transportation, building and other construction.

(406.12-2) Uses permitted by special exception. The following uses may be located in the L-2 Heavy Industrial Zone; provided, however, the location of such uses shall be subject to the review and recommendation of the zoning board of appeals as a special exception:

(1)

Abattoirs or slaughter houses;

(2)

Acid manufacturing, such as hydrochloric, nitric and sulfuric; battery manufacturing;

(3)

Aggregate plants and operations;

(4)

Cement, lime, gypsum or plaster of paris manufacturing;

(5)

Distillation of bones;

(6)

Explosives manufacturing or storage;

(7)

Fat rendering;

(8)

Fertilizer manufacturing;

(9)

Garbage or waste reduction, except for municipal incinerators; garbage or waste transfer station;

(10)

Gas manufacturing; natural gas/propane bulk storage, distribution center;

(11)

Glue manufacturing;

(12)

Petroleum refining or storage;

(13)

Smelting of tin, copper, zinc, or iron ores; steel production;

(14)

Stockyards and stock auction barns;

(15)

Storage or baling of rags, paper, iron or junkyards;

(16)

Used car junk areas; auto salvage yard;

(17)

Pulp or paper mills;

(18)

Cereal mills; feed processing;

(19)

Chemical plants;

(20)

Food processing; canneries; bottling works;

(21)

Flour mills;

(22)

Grain elevators;

(23)

Killing, dressing and storage of poultry;

(24)

Recycling centers;

(25)

Uses permitted by special exception in this zone by other provisions of the zoning ordinance.

(26)

Uses permitted by special exception:

(a)

Full service and fast food restaurants;

(b)

Nightclubs.

(406.12-3) Building height. No restriction.

(406.12-4) Required lot area and lot width. A minimum lot area of two (2) acres shall be required for any heavy industrial use. The minimum lot width at the building setback line shall be two hundred (200) feet. Those uses permitted in C-1, C-2, C-3, C-4, and L-1 zones are excepted and the respective requirements of those zones shall apply.

(406.12-5) Percentage of lot coverage. Buildings, including accessory buildings, shall not cover more than fifty (50) percent of the area of any lot.

(406.12-6) Yards required.

(1)

Front yards. The front yard setback for all buildings shall be a minimum of one hundred (100) feet from any exiting right-of-way line of any street or road, as shown on the City of Vicksburg Major Thoroughfare Plan.

(2)

Side yards. There shall be a minimum side yard on each side of any building or structure of twenty-five (25) feet, measured from the side lot to the nearest building or structure. When said use abuts any residential zone, there shall be a side yard clearance on the side abutting the residential zone of one hundred fifty (150) feet. Such space shall remain open and unoccupied in any building or accessory use.

(3)

Rear yards. The requirements of [sub] section (406.12-6)(2) for side yards shall apply to rear yards.

(406.12-7) Off-street parking and loading. See Section 407.

(406.12-8) Signs and outdoor advertising. See Section 408.

(406.13)

R-6 Limited Residential Commercial District.

(406.13-1) Permitted uses.

(1)

Single-family dwellings and accessory structures.

(406.13-2) Uses permitted by special exception.

(1)

Uses permitted in the C-5 zone;

(2)

Two-family dwellings;

(3)

Multifamily dwellings;

(4)

Uses permitted by special exception in this zone by other provisions of the zoning ordinance.

(406.13-3) Building height. No structure shall exceed thirty-five (35) feet in height unless the provisions of subsection (406.1-5)(5) are met.

(406.13-4) Required lot area and lot width.

(1)

Every single-family dwelling shall be located on a minimum lot or lots of not less than seven thousand (7,000) square feet in area and the lot shall have a width determined at the building setback line of not less than seventy (70) feet.

(2)

Every two-family duplex residence shall be located on a lot or lots of not less than eight thousand (8,000) square feet in area and shall have a width determined at the building setback line of not less than eighty (80) feet.

(3)

Every multifamily residence shall be located on a lot or lots of not less than eight thousand (8,000) square feet, provided that not more than four (4) dwelling units shall be permitted on the lot. A minimum of two thousand (2,000) square feet shall be provided for every dwelling unit thereafter. The minimum lot width shall not be less than eighty (80) feet as determined at the building setback line.

(4)

C-5 permitted uses shall conform to the requirements of the C-5 zone for lot area and lot width.

(406.13-5) Percentage of lot coverage. Residential buildings, including accessory structures, shall not cover more than thirty-five (35) percent of the area of any lot. C-5 permitted uses shall conform to the requirements of the C-5 zone for lot coverage.

(406.13-6) Yards required.

(1)

Front yards. The front yard residential building setback line shall be a minimum of thirty (30) feet from any existing right-of-way line of any street or road.

(2)

Side yards. There shall be a minimum side yard of ten(10) feet on each side of any residential structure, measured from the side lot line to the nearest building.

(3)

Rear yards. There shall be a minimum rear yard setback of not less than ten (10) feet.

(4)

Yards of nonresidential uses shall conform to the requirements of the C-5 zone.

(406.13-7) Off-street parking and loading requirements. See Section 407.

(406.13-8) Signs and outdoor advertising. See Section 408.

(406.14)

C-5 Limited Commercial Zone.

(406.14-1) Permitted uses.

(1)

Studios of artists, photographers;

(2)

Book store, music store;

(3)

Full service and fast food without drive-in or drive-through service;

(4)

Hotels, motels;

(5)

Recreational uses and places of amusement (indoor and outdoor);

(6)

Theaters (indoor only), conference center;

(7)

Hobby, craft and sporting accessories;

(8)

Museum, art gallery;

(9)

Antique shop;

(10)

Florist shop;

(11)

Apparel sales, specialty gift shop, jewelry store;

(12)

Health club, fitness center;

(13)

Photographic processing; camera sales;

(14)

Professional office buildings, branch bank;

(15)

Group child care center/facilities (Class B);

(16)

Other similar uses as determined by administrative permit.

(406.14-2) Uses permitted by special exception.

(1)

Single-family dwellings;

(2)

Two-family dwellings;

(3)

Multifamily dwellings.

(4)

Uses permitted by special exception in this zone by other provisions of the zoning ordinance.

(406.14-3) Building height. No building shall exceed sixty-five (65) feet in height unless the provisions of subsection (406.1-5)(5) are met.

(406.14-4) Required lot area and lot width.

(1)

For C-5 permitted uses, no restrictions, except to satisfy the off-street parking and loading requirements of subsections (406.14-5), (406.14-6) and (406.14-7).

(2)

For uses permitted by special exception the provisions of (406.13-4)(1) through (3) apply.

(406.14-5) Percentage of lot coverage. The sum total of all buildings shall not cover more than fifty (50) percent of the area of the lot.

(406.14-6) Yards required.

(1)

Front yards. The front yard building setback line shall be a minimum of fifty (50) feet from any existing right-of-way line of any street or road.

(2)

Side yards. None required unless abutting the R-1, R-2, R-3, CBR-4, R-5, R-6 or MX-1 zone, in which case there shall be a minimum side yard of fifty (50) feet along said zone boundary.

(3)

Rear yard. There shall be a minimum rear yard setback of not less than twenty-five (25) feet, except where the rear yard abuts an R-1, R-2, R-3, CBR-4, R-5, R-6 or MX-1 zone, in which case the minimum rear yard setback shall be not less than fifty (50) feet.

(406.14-7) Off-street parking and loading requirements. See Section 407.

(406.14-8) Signs and outdoor advertising. Signs and outdoor advertising shall be required pursuant to the provisions of subsection (409.10-3).

(406.15)

A-1 Agricultural District.

(406.15-1) Purpose of district. This district is intended to provide an area primarily for agricultural purposes and other low density development. Because of the present rural nature, it is the purpose of this district to encourage and protect such uses from urbanization until such use is justified and the appropriate change in district classification is made. It is the further purpose of this district to preserve in agricultural use land suited to eventual development in other uses, pending proper timing for the economical provision of utilities, major streets and other facilities, so that compact orderly development will occur.

(406.15-2) Permitted uses. The following principal uses, buildings and structures, and no others, are permitted in the A-1 zone:

(1)

Agricultural uses, buildings, and structures;

(2)

Single-family dwellings;

(3)

Farms, vegetable gardens, orchards or nurseries for the growing of plants, shrubs and trees and provided that no obnoxious soil or fertilizer processing is conducted thereon;

(4)

Manufactured home (see also subsection (404.12));

(5)

Ponds, for livestock, fish, or fowl;

(6)

Cattle and horse farms, excluding stockyards, auction yards, slaughter facilities and feedlots;

(7)

Cannabis cultivation facility;

(8)

Cannabis processing facility;

(9)

Cannabis micro-cultivation facility, tier 1-2;

(10)

Cannabis micro-processing facility, tier 1-2.

(406.15-3) Permitted accessory uses and structures. Accessory uses and structures are permitted in the A-1 zone, provided they are incidental to and do not substantially alter the character of the permitted principal use or structure. Such permitted accessory uses and structures include the following:

(1)

Any accessory use or structure permitted in the R-1 Single-Family Residential District;

(2)

Farm buildings and structures:such as windmills, silos, buildings or shelters for farm equipment and machinery, water wells, water reservoirs, and storage tanks;

(3)

Building or structures required for the housing, nurture, confinement or storage of animals, products, or other uses lawfully produced or permitted on the property;

(4)

Roadside stands: Stands for the purpose of displaying and selling agricultural or farming products which are grown or produced on the premises on which said stand is located. Said stand shall not exceed a ground coverage of three hundred (300) square feet, and will be limited to one (1) stand per parcel of property. Off-street parking is required;

(5)

Buildings for the storage, packing and processing of fruits and vegetables grown on the premises;

(6)

Other similar uses by administrative permit.

(406.15-4) Uses and structures permitted by administrative permit. (Reference:Administrative Permit, Purpose and Application Procedures, Section 506)

(1)

Accessory apartments;

(2)

Carnivals, circuses and fairs.

(406.15-5) Uses permitted by special exception. The following uses may be permitted upon review and approval as a special exception. The following uses of property, buildings or structures:

(1)

Airport and landing field and navigational aids;

(2)

Construction equipment storage;

(3)

Child care facilities class B;

(4)

Ambulance service;

(5)

Country club/golf course, driving range;

(6)

Shooting ranges;

(7)

Group care facility;

(8)

Kennel; permitting boarding of animals and runs.

(9)

Parking/parking lot: See Section 407, Off-Street Parking Regulations;

(10)

Radio and television transmission tower;

(11)

Riding academy or stable;

(12)

Veterinary clinic; permitting boarding of animals and runs;

(13)

Tourist home;

(14)

Land used for hunting and fishing;

(15)

Permitted buildings or structures in excess of fifty (50) feet in height;

(16)

Funeral home, cemetery, mortuary, mausoleum, and crematorium;

(17)

Hospital;

(18)

Recreational vehicle campground park;

(19)

Privately owned and operated recreational facilities open to the public located on an arterial street and which do not sell alcoholic beverages;

(20)

Mineral extraction as regulated by state law;

(21)

Alcohol and drug abuse center and recovery center and medical facility;

(22)

Manufactured home subdivision and land-lease community;

(23)

Stockyard and stock auction barn;

(24)

Uses permitted by special exception in this zone by other provisions of the zoning ordinance.

(406.15-6) Building height. No building or structure shall exceed thirty-five (35) feet in height.

(406.15-7) Lot area and setback requirements. District development density not more than one (1) dwelling unit per acre (not including accessory apartments).

(1)

Lot area: A minimum of forty-three thousand five hundred sixty (43,560) square feet (one (1) acre) in a distinguishable lot. A distinguishable lot is land that is a lot of record or an area that is declared by written description by the owner to the building official to be a distinguishable lot.

(2)

Front yard setback: The front yard building setback line shall be a minimum of fifty (50) feet measured from the existing right-of-way line of any street or road.

(3)

Side yard setback: There shall be a minimum side yard setback of forty (40) feet as measured from the side lot line to the nearest building.

(4)

Rear yard setback: Set back a minimum of twenty-five (25) feet, measured from the rear lot line to the nearest building.

(406.15-8) Percentage of lot coverage. Buildings, including accessory buildings and structures, shall not cover over fifty (50) percent of any lot.

(406.15-9) Off-street parking and loading requirements. See Section 407.

(406.15-10) Signs and outdoor advertising. See Section 408.

(406.16)

A-2 Agricultural/Industrial District.

(406.16-1) Permitted Uses. The following principal uses, buildings and structures and no others, are permitted in the A-2 zone:

(1)

Uses permitted in the A-1 Agricultural Zone by right pursuant to subsection (406.15-2).

(2)

Uses permitted in the L-2 Heavy Industrial Zone by right pursuant to subsection (406.12-1).

(406.16-2) Uses permitted by special exception. The following uses may be permitted upon review and recommendation as a special exception.

(1)

Uses permitted pursuant to subsection (406.15-5).

(2)

Uses permitted pursuant to subsection (406.12-2).

(406.16-3) Building height. Building height shall be regulated by the following:

(1)

Building height for uses permitted by subsections (406.16-1)(1) and (406.16-2)(1) shall not exceed thirty-five (35) feet.

(2)

Building height for uses permitted by subsections (406.16-1)(2) and (406.16-2)(2): No restrictions.

(406.16-4) Lot area and setback requirements.

(1)

For uses permitted pursuant to subsections (406.16-1)(1) and (406.16-2)(1), lot area and setback requirements shall be the same as for subsection (406.15-7).

(2)

For uses permitted pursuant to subsections (406.16-1)(2) and (406.16-2)(2), lot area and setback requirements shall be the same as for subsections (406.12-4) and (406.12-6).

(406.16-5) Percentage of lot coverage. Building, including accessory buildings and structures, shall not cover over fifty (50) percent of any lot.

(406.16-6) Off-street parking and loading requirements. See Section 407.

(406.16-7) Sign and outdoor advertising. See Section 408.

(406.17)

MX-1 Mixed Use Residential Zone. Purpose of district:The purpose of this district is to provide for a residential zone in which a mixture of housing types are permitted.

(406.17-1) Uses permitted.

(1)

Single-family dwellings and accessory structures;

(2)

Manufactured homes, subdivisions, and land-lease communities;

(3)

Two-family dwellings (duplexes);

(4)

Multifamily dwellings.

(406.17-2) Uses permitted by special exception.

(1)

Personal care homes under the following conditions:

a.

That the location of the proposed personal care home fronts or has its primary access to at least a collector street as identified on the city's comprehensive plan or such dedicated public street as the city engineer determines by definition of a collector street and recommends such to the zoning board of appeals;

b.

That the zoning board of appeals finds and determines that the granting of the special exception will not adversely affect the public interest and that the proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare;

c.

That any increase in the approved number of beds, or in any increase in the square footage of the facility, would necessitate review and approval by the zoning board of appeals;

d.

That as a condition to the issuance of a certificate of occupancy by the building official, the applicant provide the building official with a license from the State of Mississippi, Department of Health, for the operation of a personal care home;

e.

The current license issued by the Mississippi Department of Health shall be posted in a conspicuous place on the licensed premises and shall be available for review by any interested person.

(2)

Boarding house;

(3)

Child care facility class B;

(4)

Group care facility;

(5)

Uses permitted by special exception in this zone by other provisions of the zoning ordinance.

(406.17-3) Building height. No structure shall exceed thirty-five (35) feet in height.

(406.17-4) Required lot area and lot width.

(1)

Every single-family dwelling or manufactured home shall be located on a lot or lots of not less than five thousand (5,000) square feet in area and shall have a width determined at the building setback line of not less than fifty (50) feet.

(2)

Every two-family or duplex residence shall be located on a lot or lots of not less than eight thousand (8,000) square feet in area and shall have a width determined at the building setback line of not less than fifty (50) feet.

(3)

Every multifamily residence shall be located on a lot or lots of not less than eight thousand (8,000) square feet, provided that not more than four (4) dwelling units shall be permitted on the lot. A minimum of two thousand (2,000) square feet shall be provided for every dwelling unit thereafter. The minimum lot width shall be not less than eighty (80) feet as determined at the building setback line.

(4)

For nonresidential uses, such as a boarding house, a group care facility, or a personal care home, no restrictions except to satisfy the requirements of subsections (406.17-5), (406.17-6) and (406.17-7).

(406.17-5) Percentage of lot cover. Buildings, including accessory structures, shall not cover more than fifty (50) percent of the area of any lot.

(406.17-6) Yards required.

(1)

Front yards. The front yard building setback line shall be a minimum of twenty-five (25) feet from any existing right-of-way line of any street or road including all those shown on the City of Vicksburg Major Thoroughfare Plan.

(2)

Side yards. There shall be a minimum side yard of five(5) feet on each side of any single-family structure, measured from the side lot line to the nearest building, and there shall be a minimum side yard of six (6) feet on each side of any two-family structure or ten (10) feet on each side of any multifamily structure or use permitted by special exception, measured from the side lot line to the nearest building.

(3)

Rear yards. There shall be a minimum rear yard setback of not less than ten (10) feet.

(4)

There shall be an additional minimum setback of one (1) foot for the front, each side, and rear yards for each foot in building height over thirty-five (35) feet.

(406.17-7) Off-street parking and loading requirements. See Section 407.

(406.17-8) Signs and outdoor advertising. See Section 408.

(406.18)

MX-2 Mixed Use Residential and Commercial District.

(406.18-1) Purpose of District. To provide for mixed residential and commercial uses along major thoroughfares.

(406.18-1) Uses permitted.

(1)

Any use permitted in the MX-1 district;

(2)

Any use permitted in the C-1 Neighborhood Commercial District except restaurants shall be limited as provided for in subsection (406.18-1)(13).

(3)

Automotive maintenance services (minor);

(4)

Recreational places of amusement which do not sell alcohol, light wine and/or beer, or allow consumption of such on premises. Recreational places of amusement which sell alcohol, light wine and/or beer or allow the consumption of such on premises, are only permitted if located on an arterial or greater street as classified in writing by the city engineer;

(5)

Antique shops;

(6)

Apparel stores;

(7)

Art studios;

(8)

Florist shops;

(9)

Hardware stores;

(10)

Offices and/or office buildings, which include, but are not limited to, privately owned medical or dental clinics;

(11)

Shoe repair shops and similar service establishments;

(12)

Custom sign-painting shops;

(13)

Full service and fast food restaurants;

(14)

Personal service shops for barbering, beauty culture and physical culture;

(15)

Any similar retail use as allowed by administrative permit.

(406.18-2) Uses permitted by special exception.

(1)

Any special exception permitted in the MX-1 district;

(2)

Automobile sales and repair;

(3)

Sale or repair of construction or farm equipment.

(4)

Uses permitted by special exception in this zone by other provisions of the zoning ordinance.

(5)

Automotive repair services (major).

(406.18-3) Accessory uses permitted.

(1)

Customary related uses incidental to a permitted use, except that outdoor storage shall be prohibited.

(406.18-4) Building height: No building shall exceed thirty-five (35) feet in height, unless the provisions of subsection (406.18-7)(4) are met.

(406.18-5) Required lot area and lot width.

(1)

Every single-family dwelling shall be located on a lot or lots of not less than five thousand (5,000) square feet in area and shall have a width determined at the building setback line of not less than fifty (50) feet.

(2)

Every two-family or duplex residence shall be located on a lot or lots of not less than eight thousand (8,000) square feet in area and shall have a width determined at the building setback line of not less than eighty (80) feet.

(3)

Every multifamily residence shall be located on a lot or lots of not less than eight thousand (8,000) square feet, provided that not more than four (4) dwelling units shall be permitted on the lot. A minimum of two thousand (2,000) square feet shall be provided for every dwelling unit thereafter. The minimum lot width shall be not less than eighty (80) feet as determined at the building setback line.

(4)

Required lot area and lot width for commercial uses shall be regulated by subsection (406.7-6).

(406.18-6) Percentage of lot coverage. Building, including accessory structures, shall not cover more than fifty (50) percent of the area of any lot.

(406.18-7) Yards required.

(1)

Front yards. The front yard building setback line for residential uses shall be a minimum of twenty (20) feet from any existing right-of-way line of any street or road. The front yard building setback line for commercial uses shall be a minimum of fifty (50) feet from any existing right-of-way line of any street or road, including those shown on the City of Vicksburg Major Thoroughfare Plan.

(2)

Side yards. There shall be a minimum side yard of five(5) feet on each side of any single-family structure, measured from the side lot line to the nearest building, and there shall be a minimum side yard of six (6) feet on each side of any duplex or two-family structure, or ten (10) feet on each side of any multifamily structure measured from the side lot line to the nearest buildings. Commercial uses require twenty-five-foot side yards.

(3)

Rear yards. There shall be a minimum rear yard setback of not less than ten (10) feet for residential uses and not less than fifty (50) feet for commercial uses.

(4)

Additional setback. There shall be an additional minimum setback of one (1) foot for the front, each side and rear yard for each one (1) foot in building height over thirty-five (35) feet.

(406.18-8) Off-street parking and loading requirements. See Section 407.

(406.18-9) Signs and outdoor advertising. See Section 408.

(Ord. No. 87-4, §§ 3—6, 8-10-87; Ord. No. 87-10, §§ 1, 2, 12-21-87; Ord. No. 90-3, §§ 1—5, 5-25-90; Ord. No. 93-3, §§ 1—5, 2-1-93; Ord. No. 93-12, §§ 2—4, 2-25-93; Ord. No. 94-7, §§ 2, 3, 5-25-94; Ord. No. 96-5, §§ 20—52, 9-25-96; Ord. No. 2000-13, § 1, 12-13-00; Ord. No. 2002-01, § 2, 1-7-02; Ord. No. 2003-26, §§ 1, 2, 11-3-03; Ord. No. 2005-01, §§ 1—4, 1-25-05; Ord. No. 2006-01, § 1, 1-25-06; Ord. No. 2006-05, § 1, 4-25-06; Ord. No. 2006-06, § 2, 4-25-06; Ord. No. 2006-11, §§ 1—16, 6-23-06; Ord. No. 2007-13, §§ 3—24, 8-24-07; Ord. No. 2014-12, §§ 3, 6—11, 10-20-14; Ord. No. 2017-09, § 3, 4, 12-22-17; Ord. No. 2018-07, §§ 1—3, 6-18-18; Ord. No. 2019-07, § 2, 6-21-19; Ord. No. 2019-09, §§ 2, 3, 8-9-19; Ord. No. 2022-06, § 3, 5-25-22; Ord. No. 2024-02, §§ 2, 3, 3-25-24)

(407.1)

Purpose.

(1)

The primary purpose of off-street parking and loading requirements is to reduce traffic congestion and minimize traffic hazards by providing for adequate and sufficient parking, loading, and unloading of motor vehicles outside public rights-of-way. This allows additional traffic lanes for arterial roadways, provides more traffic capacity on arterial roadways, permits faster emergency access, and prevents unnecessary interference with traffic flows. Secondary purposes include minimizing development problems with neighboring uses; providing for special parking needs for handicapped drivers; providing adequate parking for all uses; requiring less public rights-of-way for both traffic lanes and on-street parking spaces, and allowing flexibility in meeting off-street parking needs. No portion of any public right-of-way shall be considered as fulfilling or partially fulfilling the off-street parking and loading space requirements herein.

(2)

Off-street parking and loading spaces shall be provided as specified herein: at the time a building is erected, constructed, or moved; at the time a building or use is enlarged or increased in capacity such as by adding floor area, employees, or at the time of conversion from one (1) type of use to another. Provisions relating to maintenance and prohibitions apply to all developments including those in existence prior to the effective date of this ordinance.

(407.1-1) General requirements.

(1)

In determining the number of parking spaces required, if such spaces result in fractional parts thereof, the number of said spaces required shall be construed to be the next highest whole number. Whenever a change occurs, as set forth above, that would necessitate additional required parking spaces, said parking spaces shall be provided in the amounts hereafter specified if the existing parking area is inadequate to serve said change. The provisions of this ordinance governing parking lots within the Historic Vicksburg District shall be set aside, and such parking lots shall be governed by the City of Vicksburg Board of Architectural Review. However, this section shall not be construed so as to relieve one from any other provisions of the parking lot regulations. Parking lots for dockside gaming establishments shall be regulated in accordance with the provisions of section 409 et seq. However, this section shall not be construed so as to relieve one from any other provisions of the parking lot regulations.

(2)

This ordinance applies to all off street parking lots.

a.

Parking lots attached to a commercial use shall not be developed or occur within a residential zone designated as R-1, R-2, R-3 and CBR-4 in the Zoning Ordinance of the City of Vicksburg. If such commercial parking lot abuts a single-family or two-family residential zone (R-1, R-2, or R-3), parking may not occur within twenty-five (25) feet of such residential zone. If such commercial parking lot abuts a multifamily residential zone (CBR-4), parking may not occur within twenty-five (25) feet of such residential zone. However, if the parking facility or space is designated for tour buses and/or recreational vehicles, parking of tour buses and recreational vehicles shall not occur within fifty (50) feet of any residential zone (R-1, R-2, R-3 and CBR-4). There shall be a heavily landscaped visual and sound buffer between all parking lot areas and residentially zoned areas. This landscaped and visual sound buffer shall be a minimum of ten (10) feet wide.

(3)

All off-street parking facilities shall be located on the same lot or plot of ground as the principal building served. If parking is required on lots other than that of the principal building served, the development will have to seek approval from the site plan review committee. The hardship falls on the developer to prove why there is a need for parking on lots other than that of the principal building.

(4)

All businesses in the C-3 Central Business District shall be exempt from parking provided they are within three (3) blocks of public parking. All new parking lots developed in the Historic Vicksburg District shall be reviewed and approved by the City of Vicksburg's Board of Architectural Review. Also, the off-street parking requirements for uses not specifically mentioned herein shall be the same as those for similar uses as determined by the administrative official. Parking spaces are calculated based upon the gross floor area occupied by the general public.

(5)

All existing and proposed athletic facilities, complexes and parks, developed by public or private entities, shall be handled on a case by case basis by the site plan review committee. These types of facilities shall not be held to the standards set forth in this ordinance. The site plan review committee shall review each proposed athletic facility, complex or park and work with the developer to develop a plan that protects general health, safety and welfare of the public.

(6)

Minimum required parking spaces per use:

_____

(7)

Off-street parking regulations for all uses, with the exception of single-, two-, and multifamily residential uses, are the following:

a.

Any required parking space shall be used for parking only. Any other use of such space, including product display, storage, repair work, or servicing of any kind other than in an emergency, shall be deemed to constitute a violation of the provisions herein;

b.

Unless otherwise approved by the zoning board of appeals, structures of any kind shall not be built within required parking spaces;

c.

A parking lot shall not be reduced or encroached upon unless approved by the site plan review committee; and

d.

Parking spaces shall not be provided within fifteen (15) feet of a fire hydrant.

e.

Lots shall be designed so that all vehicles leaving the facility will be traveling forward.

(407.2)

Nonconforming parking lots. When the square footage of a nonconforming parking lot is increased, compliance shall be as follows:

a.

Expansion by less than fifty (50) percent: when a parking lot area is expanded by less than fifty (50) percent, only the expansion area must be brought into compliance. However, expansion of a lot, which will result in twenty (20) or fewer spaces, will not have to comply with the landscaping requirements of this ordinance.

Expansions of this nature may occur a maximum of two (2) times over the course of the history of a property. If any further expansions are made then the entire parking lot must be brought into compliance with the ordinance.

b.

Expansion by fifty (50) percent or more: when a parking lot area is expanded by fifty (50) percent or more, the entire expansion area shall be brought into compliance and the preexisting parking lot area shall be brought into compliance with the landscaping requirements of this section.

(407.3)

Parking lot requirement standards. Encroachment barriers such as wheel stops or continuous concrete curbing of at least six (6) inches in height shall be required for parking spaces abutting landscaped areas, structures, fences, walls, and sidewalks or walkways. These barriers shall be placed so that motor vehicles will not come into contact with any landscape material, structure, fence, or wall. In addition, encroachment barriers shall be situated so that the length of the required parking space is not decreased.

Any business, such as a grocery store, which uses self-service shopping carts in order to allow customers to carry goods between the business and their motor vehicles is required to install shopping cart corrals within its parking lot. No parking space shall be more than sixty (60) feet from any such corral, and said corrals shall be shown on required parking plans. The corrals shall be designed so that patrons can return the shopping carts to said corrals via aisles or designated walkways without having to cross parking spaces said corrals shall be emptied of shopping carts regularly and shall be maintained.

(1)

Avoidance of interferences: All parking areas shall be located and designed so as to avoid undue interferences with the use of public streets and alleys. The location of all curb cuts and entrances onto public streets shall be approved by the department of public works.

(2)

Surfaces: All required parking areas, driveways and circulation areas shall be surfaced with asphalt, concrete, exposed aggregate concrete or other, similar hard surfaces. Gravel or other aggregates will not be allowed. Any other hard surface type will be reviewed for consideration by the site plan review committee.

(3)

Separation from building: All parking areas located next to the building shall be separated at least eight (8) feet from buildings with a five-foot sidewalk and a three-foot landscaped area.

(4)

General dimensions and identification of parking spaces: For purposes of this section, a parking space shall not be less than nine (9) feet by eighteen (18) feet.

(5)

Aisle widths: The minimum widths of aisles between rows of parking stalls shall vary with the angle of parking; the wider the parking angle, the wider the aisle width required. The minimum aisle widths shall be as shown below, based on one-way or two-way traffic and the angle of parking:

(6)

Parallel parking space dimensions: Whenever parking areas consist of spaces set aside for parallel parking, the dimensions of such parking spaces shall not be less than twenty-two (22) feet by nine (9) feet excluding all driveway entrances and exits.

(7)

Widths of driveways: Driveways and entrances shall be a minimum of twelve (12) feet and a maximum of fifteen (15) feet in width for one-way traffic and a minimum of twenty-five (25) feet and a maximum of thirty-six (36) feet in width for two-way traffic.

(8)

Vehicle movement generally: All parking lots shall be designed so that sanitation, emergency and other public service vehicles can serve such parking lot without the necessity of backing unreasonable distances or making other dangerous or hazardous turning movements. Every vehicle movement area shall be designed so that vehicles cannot extend beyond the perimeter of such area onto adjacent properties or public rights-of-way. Such areas shall also be designed so that vehicles do not extend over sidewalks or tend to bump against or damage any wall, vegetation or other obstruction.

(9)

Circulation areas: Circulation areas shall be designed so that vehicles can proceed safely without posing a danger to pedestrians or other vehicles and without interfering with parking areas.

(10)

Ingress and egress: Parking lots with twenty (20) or more parking spaces shall have two (2) remote points of ingress and egress as approved by the site plan review committee.

(11)

Maintenance of parking and loading areas: Parking lot and loading areas shall be properly maintained in all respects. In particular, and without limiting the foregoing, all surfaces shall be kept in good condition, free from potholes, loose gravel, etc. and parking space lines or markings shall be kept clearly visible and distinct at all times.

(12)

Grades: General parking shall not occur on a grade exceeding six (6) percent and shall not exceed two (2) percent for handicapped parking. In areas where the existing grade exceeds fifteen (15) percent, a special exception may be granted from the general parking requirement mentioned herein; provided however that a hardship has been shown.

(13)

Handicapped accessibility guidelines: All new parking lots shall conform to the accessibility guidelines of the American Disability Act.

(14)

Parking lot lighting requirements: The entire parking lot area should be lighted to accommodate night time vehicular and pedestrian traffic.

Parking lot lighting locations: Parking lot lighting can be located in the parking lot, attached to the building that the parking lot surrounds and/or along the perimeter of the parking lot as needed. Lighting should not be placed in such a way as to disrupt the flow of nor create a hazard to vehicular or pedestrian traffic. All wiring, electrical conduits and other electrical systems pertaining to parking lot lighting shall be located underground or in such a way that they are out of sight. Overhead wiring will not be allowed. Parking lot lighting, when mounted on poles, shall be located within landscape islands wherever possible.

(15)

Loading space requirements: Such space shall include a twelve-foot by forty-foot loading space with a fourteen-and-one-half-foot height clearance for every ten thousand (10,000) square feet of building floor area. This restriction shall not be applicable for existing buildings in the C-3 Central Business District. The setback of a loading dock parallel to a road shall be at least seventy (70) feet as measured from the right-of-way line to the loading dock in order to avoid undue interference with said road right-of-way.

(16)

Parking islands: Parking islands with minimum six-inch concrete curbs must define the ends of all parking aisles. These islands must be at least eight (8) feet in width and the full length of the parking space. This serves important circulation and aesthetic functions by enhancing parking aisle visibility, by maintaining drivers' sight lines at internal intersections, by protecting vehicles parked at the ends of rows from turning traffic, and by providing areas for landscaping.

(17)

Parking dividers: Dividers shall be constructed along the length of every third parking row. Dividers shall be a minimum of six (6) feet wide. In cases where pedestrian traffic is anticipated these dividers can serve as pedestrian walkways and keep pedestrians out of the main aisles of traffic. In this case, at least six (6) feet shall be paved as a pedestrian walkway and four (4) feet shall be set aside for landscaping. The need for pedestrian oriented dividers shall be determined during the site plan review process.

(407.3-1) Parking lot and landscaping plans.

(1)

Applicants with developments subject to the regulations of this section shall submit a site plan to the community planning department for site plan review. The plan shall be stamped by a licensed engineer, architect or landscape architect. This submission shall be made simultaneously with the submission of applications for all applicable zoning and building permits. The applicant shall submit five (5) copies of the site plan. Such a plan shall be drawn to a minimum of one (1) inch equal fifty (50) feet scale including dimensions and distances, and shall clearly show property lines and delineate existing and proposed buildings, building dimensions and cross sections, parking areas, loading areas, driveways, roadways, sidewalks, utilities, lighting, sprinkler or water outlet locations, and shall designate the type, size, number, and location of the landscape materials to be installed or, if existing, to be used in accordance with the requirements hereof. Evidence of ownership or lease of property to be developed into a parking lot shall be required. Consult the site plan review guidelines for more specific information to be included on a site plan.

(2)

Landscaped areas shall be located at the owner's discretion provided however that all parking spaces are within fifty (50) feet from the trunk of one (1) large or medium tree or two (2) small trees. Tree planting areas shall be a minimum of two hundred (200) square feet with a minimum dimension of eight (8) feet.

(3)

All parking lots that serve multiple businesses or uses of land or share unified ingress and egress shall be considered as a single parking lot for the purpose of computing the required rate of trees, notwithstanding ownership. Such landscaped areas may be encroached upon by a motor vehicle only to the extent that such vehicle does not come into contact with landscape materials and there remains a minimum of four (4) feet of undisturbed landscaped area between such vehicle and another vehicle across such area or property line. Landscaping within a parking lot which is devoted to display purposes only, as in the case of a vehicle dealership, is not required.

(407.3-2) Landscape materials required. All landscape materials shall be of nursery stock quality and shall be installed in a sound workmanlike manner and according to landscape construction industry standards by a contractor licensed by the State of Mississippi as a landscape gardener, landscape architect, nurseryman, or landscape contractor or the owner of the property. Such landscape materials shall be adaptable to climate conditions of the area and shall be maintained in good condition and in accordance with all provisions herein as follows:

(1)

Landscape material shall be true to name, variety, and size, and shall be the highest quality stock. Landscape material shall be installed as shown on the landscape plan;

(2)

All single trunk trees shall have a minimum of at least one-and-one-half-inch caliper trunk upon installation, measured five (5) feet from the base of the trunk;

(3)

Multiple trunk trees shall have main stems three-quarter (¾) inch in caliper, measured five (5) feet from the base of the trunk;

(4)

Any landscape material shown on the landscape plan that fails to show healthy growth must be removed and replaced within sixty (60) days of notification by the city;

(5)

Any landscape material shown on the landscape plan otherwise removed must be replaced within sixty (60) days of notification by the city;

(6)

Any replacement landscape material must meet the size and other characteristics of newly planted materials, as required herein;

(7)

Maintenance of all landscaping is the responsibility of the property owner; and

(8)

All required landscaped areas shall have access to water by either an underground sprinkler system or a water hose attachment within one hundred fifty (150) feet of each landscaped area.

(407.4)

Inspection. The zoning administrator or his or her authorized agents, shall inspect each new parking lot or an expansion of an existing parking lot upon completion to issue a final permit. If the construction is substantially complete but not in full compliance with this ordinance, the zoning administrator or his or her authorized agents, shall give the owner, tenant, lessee, contractor or applicant notice of the deficiencies and shall specify a reasonable period of time from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected within such specified time period, the initial approval permit shall lapse and become void. If the construction is complete, the zoning administrator or his or her authorized agents, shall issue the final inspection permit.

(407.5)

Reserved.

(Ord. No. 93-7, § 2, 2-22-93; Ord. No. 93-11, §§ 1—4, 2-25-93; Ord. No. 93-28, § 3, 8-10-93; Ord. No. 96-5, § 53, 9-25-96; Ord. No. 2003-22, § 1, 9-25-03; Ord. No. 2004-12, §§ 1—4, 6-7-04; Ord. No. 2004-14, §§ 1—3, 7-16-04; Ord. No. 2006-04, §§ 4—11, 3-24-06; Ord. No. 2006-10, § 1, 6-23-06; Ord. No. 2006-21, § 1, 9-25-06; Ord. No. 2007-13, §§ 25—30, 8-24-07; Ord. No. 2007-19, § 1, 10-10-07; Ord. No. 2014-10, §§ 3, 4, 10-20-14; Ord. No. 2014-12, §§ 12, 13, 10-20-14; Ord. No. 2022-06, § 4, 5-25-22; Ord. No. 2022-13, §§ 1, 4, 10-25-22)

(408.1) Purposes. The purposes of these sign regulations are: to encourage the effective use of signs as a means of communication in the City of Vicksburg; to maintain and enhance the aesthetic environment and the city's ability to attract sources of economic development and growth; to maintain and enhance the aesthetic environment in the City of Vicksburg as a means of promoting the tourism industry; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property, including the value of said property; and to enable the fair and consistent enforcement of these sign restrictions. This sign ordinance is adopted under the zoning authority of the City of Vicksburg in furtherance of the more general purposes set forth in the zoning ordinance. It is not the intent or purpose of these regulations to restrict or infringe upon any constitutionally guaranteed right of freedom of speech or expression.

(408.2) Applicability; effect.

A sign may be erected, placed, established, painted, created, or maintained in the City of Vicksburg only in conformance with the standards, procedures, exemptions, and other requirements of this ordinance.

The effect of this ordinance as more specifically set forth herein, is:

To establish a permit system to allow a variety of types of signs in commercial and industrial zones, and a limited variety of signs in other zones, subject to the standards and the permit procedures of this ordinance;

To allow certain signs that are small unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this ordinance, but without a requirement for permits;

To establish a fair and equitable means by which the various nonconforming signs within the city are brought into conformance with these regulations, or otherwise removed;

To prohibit all signs not expressly authorized by this ordinance; and

To provide for the enforcement of the provisions of this ordinance.

To provide for the removal of nonconforming signs

(408.3) Applicability in the Historic Vicksburg District.

The provisions of this ordinance governing the size, location, construction, type or any other physical attribute of signs located within the Historic Vicksburg District shall be set aside, and such signs shall be governed by the guidelines established by the City of Vicksburg Board of Architectural Review. However, this section shall not be construed so as to relieve one from any other provisions of these sign and outdoor advertising regulations.

In the event there arises a regulatory conflict between these sign regulations and the signage guidelines established by the City of Vicksburg Board of Architectural Review, the more restrictive requirement shall apply.

(408.4) Applicability to Dockside Gaming Establishments. Signage for dockside gaming establishments shall be regulated in accordance with the provisions of section 409 et seq. of the zoning regulations since dockside gaming establishments and their ancillary uses, including signs, are permitted only by special exception approved by the zoning board of appeals. However, this section shall not be construed so as to relieve one from any other provisions of these sign and outdoor advertising regulations.

(408.5) Computations. The following principles shall control the computation of sign area and sign height:

(1)

Computation of area of individual signs: The area of a sign face (which is also the sign area of a wall sign or other sign with only one (1) face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.

(2)

Computation of area of multifaced signs: The sign area for a sign with more than one (1) face shall be computed by adding together the area of all sign faces visible from any one (1) point. When two (2) identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than forty-two (42) inches apart, the sign area shall be computed by the measurement of one (1) of the faces.

(3)

Computation of height: The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of (1) existing grade prior to construction or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.

(4)

Freestanding signs. No freestanding sign shall be place within five (5) feet of the public right-of-way, street or sidewalk.

(408.6) Signs allowed with permits.

Signs shall be allowed on private property in the City of Vicksburg in accordance with the following:

1.

Except for outdoor advertising signs, the sum of the area of all building and freestanding signs on the lot conforms with the maximum allowed sign area as determined for the zoning district in which the lot is located as indicated in Tables 1 and 2 attached.

2.

Except for outdoor advertising signs, the property, lot or parcel upon which the sign is to be placed houses a structure or active land use in conformance with the provisions of the zoning regulations. For clarification and administrative purposes, a vacant lot shall not contain any additional sign (except for an outdoor advertising sign) other than that which may already exist, and a nonconforming land use shall not contain any additional sign above that which may already exist.

3.

Nonconforming, existing signs associated with the activity conducted on the lot or parcel which were in existence on the effective date of this ordinance [Ordinance No. 2005-27] or on a later date when the property is annexed to the City of Vicksburg. A nonconforming sign is a sign constructed in accordance with the ordinances and other applicable laws in effect on the date of its construction, but which by reason of its size, height, location, design, or construction is not in conformance with the requirements of this ordinance. Signs which were made nonconforming by the adoption of this ordinance may remain in place and be maintained, provided that no action is taken which increases the degree or extent of the nonconformity. However, any nonconforming sign, except for outdoor advertising signs governed by section 408.17, shall either be eliminated or made to conform when any proposed change, repair or maintenance would constitute an expense of more than fifty (50) percent of the lesser of the original value or replacement value of the sign.

(408.7) Permits required.

If a sign requiring a permit under the provision of this ordinance is to be placed, constructed, erected or modified, including the name on the sign, the owner, tenant lessee or sign contractor shall secure a sign permit prior to the construction, placement erection or modification of such sign in accordance with the requirements of section 408.12.

Signs shall not be erected in the public right-of-way except in accordance with section 408.9.

A sign permit will not be issued for an existing or proposed sign unless such sign is consistent with the requirements of this ordinance (including those protecting existing signs) in every respect.

(408.8) Design, construction and maintenance. All signs shall be designed, constructed, and maintained in accordance with the following standards:

(1)

All signs shall comply with applicable provisions of the adopted building and electrical codes of the City of Vicksburg at all times.

(2)

Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this ordinance, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame or structure.

(3)

All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this code, at all times. Signs shall not be allowed to fall into a state of disrepair or to have an appearance of neglect with regard to maintenance. Signs shall not be made structurally sound by guy wires or unsightly bracing.

(408.9) Signs in the public right-of-way.

(1)

Signs shall not be placed in the public right-of-way, street, sidewalk or alley, or affixed to any utility pole, tree or fence therein, except for the following:

(A)

Permanent signs. Permanent signs, including:

(i)

Public signs erected by or on behalf of a governmental body to post legal notices, identify public property, convey public information, and direct or regulate pedestrian or vehicular traffic;

(ii)

Informational signs of a public utility regarding its poles, lines, pipes or facilities; and

(iii)

Awning, projecting, and suspended signs projecting over a public right-of-way in conformity with and permitted by the applicable City of Vicksburg Zoning Ordinance provisions.

(B)

Emergency signs. Emergency warning signs erected by a governmental agency, a public utility company, or a contractor doing authorized or permitted work within the public right-of-way.

(C)

Community event signs. Community event signs for non-profit special events, community events or festivals shall be allowed only after written application from the person, entity or City of Vicksburg wanting to place the sign and has approval of the zoning department. The person, entity or City of Vicksburg can reserve the number of sign locations that they would like, they do not have to rent all six (6) sign locations. The signs shall be approved on a first come first serve basis. The signs shall be no larger than four (4) by eight (8) foot vinyl banners with black block 3" or 4" lettering with only the sponsor of the function, function name, function time, function date and location of function on the sign. Signs may not be reserved for longer than two (2) weeks prior to any event and the signs must be removed at the conclusion of the event. The fee will be $25.00 per sign/location reserved. There shall only be one (1) sign per location and sign locations cannot be shared. The signs may only be placed at the following locations:

(1)

Halls Ferry Road at the intersection of South Frontage Road;

(2)

Halls Ferry Road north of Sonic;

(3)

North Washington Street and Haining Road;

(4)

Clay Street at the intersection of North Frontage Road;

(5)

Mission 66 at the intersection of Indiana Avenue;

(6)

Highway 61 South at Airport.

(D)

Signs that are placed on or in the Nroute buses, benches and bus stop shelters authorized by the Nroute Transit Commission.

(2)

Penalties for unlawful signs in the public right-of-way.

(A)

Any sign installed on or placed in any public right-of-way, street, sidewalk or alley, or affixed to any utility pole, tree or fence therein, unless otherwise allowed by this ordinance, constitutes a hazard to the traveling public and shall be forfeited to the public and subject to confiscation and disposal. The city zoning administrator, building official or other designated city employees may remove the prohibited signs immediately. In addition to other remedies hereunder, the city shall have the right to recover from the owner or person placing such a sign, or the person, business, or nonbusiness that is being advertised or is the subject of the sign, the full costs of removal and disposal of such sign.

(B)

Violation by any person of any provision of this ordinance, shall, upon conviction thereof, constitute a misdemeanor and subject such person, upon conviction thereof, to a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), and expenses involved in the case. Each day that any such unlawful sign remains in the prohibited area constitutes a separate offense.

(408.10) Signs exempt from regulation under this ordinance. The following signs shall be exempt from regulation under this ordinance:

(1)

Any public notice or warning required by a valid and applicable federal, state or local law, regulation, or ordinance;

(2)

Any sign inside a building, not attached to a window or door, that is not legible from a distance of more than three (3) feet beyond the lot line of the lot or parcel on which such sign is located;

(3)

Works of art that do not include a commercial message;

(4)

Traffic control signs on private property, such as Stop, Yield, and similar signs, the face of which meet Department of Transportation standards and which do not contain any commercial message of any sort.

(408.11) Signs prohibited under this ordinance. All signs not expressly authorized under this ordinance or exempt from regulation hereunder in accordance with the previous section are prohibited in the City of Vicksburg. Such signs include, but are not limited to:

(1)

A sign or other device which is displayed in such a manner as to obstruct free and clear vision of vehicle drivers; or at any locations where, by reason of the position, shape, or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic or government sign, signal or device; or which makes use of the words "stop," "look," "danger," or any other words, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic;

(2)

Signs having red, green, yellow, amber, or blue lights which imitate or resemble official emergency vehicle or traffic signs or signals;

(3)

Illuminated signs or lighting devices that are placed or directed as to permit focused light to be directed or beamed upon a public street, highway, sidewalk, the sky or adjacent premises so as to cause glare or reflection that constitutes a traffic hazard, or unreasonably interferes with an owner's use and enjoyment of his property.

(4)

Signs that contain statements, words or pictures which are obscene or illegal or emits audible sound, odor or visible material or any combination thereof.

(5)

Signs or advertising devices that are erected on, placed on, projected or overhang any public right-of-way, walkway, street, or alley as described in section 408.9.

(6)

Signs and sign structures which are abandoned, unsafe, containing no message or containing a message pertaining to a defunct business or a past event;

(7)

Signs or any type of advertising material written onto or affixed in any way to any utility or light pole, utility box or wire, traffic or street sign, fence, street furnishings, monument, tree, shrub, rock, natural object or other similar object;

(8)

Signs which obstruct any window, door, fire escape, stairway or any opening intended to provide air, ingress or egress for any building or structure;

(9)

Beacons, laser lights, and spotlights except as may be allowed by special exception with such conditions as may be imposed by the zoning board of appeals;

(10)

Roof signs;

(11)

Portable signs.

(408.12) General permit procedures. The following procedures shall govern the application for, and issuance of, all sign permits under this ordinance:

(408.12-1)

Applications: All applications for sign permits of any kind shall be submitted to the community planning department on an application form or in accordance with application specifications published by the community planning department.

(408.12-2)

Fees: Each application for a sign permit shall be accompanied by the applicable fees, which shall be established by the governing body of the City of Vicksburg.

(408.12-3)

Completeness: Within five (5) days of receiving an application for a sign permit in the Community Planning Department it shall be reviewed it for completeness. If the Zoning Administrator or his or her authorized agents, finds that it is complete, the application shall then be processed. If the Zoning Administrator or his or her authorized agents, finds that it is incomplete, the Zoning Administrator or his or her authorized agents, shall, within such five-day period, notify the applicant of the specific ways in which the application is deficient, with appropriate references to the applicable sections of this ordinance.

(408.12-4)

Action: Within seven (7) days of the submission of a complete application for a sign permit, the zoning administrator or his or her authorized agents, shall either:

(1)

Issue the sign permit, if the sign(s) that is the subject of the application conforms in every respect with the requirements of this ordinance; or

(2)

Reject the sign permit if the sign(s) that is the subject of the application fails in any way to conform with the requirements of this ordinance. In case of a rejection, the zoning administrator or his or her authorized agents, shall specify in the rejection the section or sections of the ordinance with which the sign(s) is inconsistent.

(408.13) Permits to construct or modify signs. Signs shall be erected, installed, or created only in accordance with a duly issued and valid sign construction permit from the community planning department. Such permits shall be issued only in accordance with the following requirements and procedures.

(408.13-1) Permit for new sign or for sign modification. An application for construction, creation, or installation of a new sign or for modification of any existing sign shall be accompanied by detailed drawings to show the dimensions, design, structure, and location of each particular sign. One (1) application and permit may include multiple signs on the same lot. Signs over six (6) square feet in area shall require engineered drawings prepared by a registered professional engineer licensed to practice in the State of Mississippi, and these signs will also require a building permit from the City of Vicksburg building and inspection department.

(408.13-2)

Inspection. The zoning administrator or his or her authorized agents, shall inspect each sign for which a permit is issued either at the time of completion of installation of the sign or sixty (60) days from the issuance of the permit for on-premises signs and six (6) months for outdoor advertising signs, whichever is earlier. If the sign is not installed within the applicable time period, the permit will lapse and a new permit will be required. If the construction is not complete at the time of inspection, the permit shall lapse and become void. However, anytime prior to the expiration of the permit, the permit holder may petition the zoning administrator for an extension of the permit upon showing "good cause" as to why construction will not be completed within the allotted time period. "Good cause" includes, but is not limited to: failure of a third-party contractor to perform as agreed; inclement weather and/or ground conditions over a period of time that precludes safe and proper completion of the project: inability to obtain and/or secure sufficient equipment, material and/or labor to complete the project and/or any other event or combination of events beyond the control of the permit holder. If the construction is completed in full compliance with this ordinance and with the building and electrical codes, the zoning administrator or his or her authorized agents, will issue a final sign permit. If the construction is substantially complete but not in full compliance with this ordinance and applicable codes and the permit holder has not received an extension in accordance with the procedure set forth above, the zoning administrator or his or her authorized agent, shall give the owner, tenant, lessee or sign contractor or applicant notice of the deficiencies and shall specify a reasonable period of time from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected within such specified time period, the permit shall lapse and new permit will be required.

(408.14) Lapse of sign permit: A sign permit shall lapse if the business activity on the premises is discontinued for a period of sixty (60) days.

(408.15) Temporary signs. Temporary signs on private property shall be allowed only upon the issuance of a temporary sign permit, unless exempt herein. A business is allowed to display only one (1) temporary sign during a specified time period as set forth below. Temporary signs shall be subject to the following requirements:

(a)

Special events that advertise a public or commercial event such as a sale, new product or service, are limited to fifteen (15) consecutive days and allowed no more than six (6) times per twelve-month period. Such signs shall be a maximum of thirty-two(32) square feet in size.

(b)

Grand openings are limited to a period of sixty (60) days and are allowed for one (1) occasion only. Such signs shall be limited to thirty-two(32) square feet in size.

(c)

In the instance of temporary signs used to advertise the sale of real estate, such signs may be placed upon and remain upon the subject property for an unspecified period of time, as the sale of real estate is not predictable and therefore not practical to limit the time such sign may be on display. Such signs, however, shall be removed within ten (10) days following the sale of said real estate. Temporary signs used to advertise the sale of real estate shall be exempt from the restrictions 408.6, neither shall a permit be required.

(d)

Temporary signs for nonprofit special events or festivals sponsored by a nonprofit entity shall be allowed only with permission of the property owner and must be removed within (2) days after the event. No permit will be required.

(408.16) Reserved.

(408.17) Outdoor advertising signs—Limitation and regulation of outdoor advertising signs.

(408.17-1)

Purpose. It is the purpose of this ordinance to prevent the proliferation of outdoor advertising signs in the City of Vicksburg and to provide for the relocation of such signs and sign faces currently located in certain sensitive areas of the city to areas more appropriate for this use.

(408.17-2)

Cap and replace. In order that the total face area and number of faces of all outdoor advertising signs currently located within the city not be increased, no person shall construct an outdoor advertising sign without first removing an outdoor advertising sign equal to or exceeding in face area and/or number of faces.

(408.17-2.1)

Inventory of outdoor advertising signs. An inventory of all sign faces and the total face area shall be maintained by the zoning administrator or his or authorized agents. The initial inventory shall reflect the total number of signs faces and total face area existing as of October 1, 2003. The inventory shall be compiled on the basis of any and all applications for conforming and nonconforming outdoor advertising permits as well as any applications for replacement permits pursuant to subsection 408.17-5.7 submitted on or after October 3, 2005, and shall differentiate between conforming outdoor advertising signs, nonconforming outdoor advertising signs located in permitted areas and nonconforming outdoor advertising signs subject to the relocation provisions set forth in subsection 408.17-5.5 below. Thereafter, the zoning administrator will update the inventory as needed to accurately reflect the size, location and status of all outdoor advertising sign faces located in the city.

(408.17-2.2)

Administration of cap and replace program. In order to administer this provision, the zoning administrator or his or her authorized agents, shall issue a outdoor advertising replacement permit to any person who permanently removes a lawfully existing nonconforming outdoor advertising sign. The zoning administrator shall note on the replacement permit the number of faces and face area and the zone district in which the sign was located for every sign face removed. No outdoor advertising sign construction permit shall be issued unless the applicant tenders for cancellation a replacement permit(s) with a total face area and number of faces noted of the same or greater area and number of sign faces to be constructed and installed pursuant to the outdoor advertising sign construction permit.

(408.17-3)

Effect of annexation. In the event the City of Vicksburg expands and/or increases the total area of the city zoned C-2, C-4, L-1 or L-2 either by annexation or rezoning pursuant to a change in the city's comprehensive plan, outdoor advertising signs will be permitted as allowed by this ordinance. In the case of annexation, outdoor advertising signs located in the annexed area immediately prior to annexation, if they do not conform to these regulations will be deemed to be a nonconforming sign.

(408.17-4)

Outdoor advertising sign standards. Outdoor advertising signs are permitted within the City of Vicksburg subject to the following requirements:

(408.17-4.1)

Permitted areas.

Outdoor advertising signs are permitted only in areas of the city zoned C-2, C-4, L-1 or L-2. Regardless of zoning, outdoor advertising signs are not permitted within that portion of the city lying within and encompassed by the following boundary (referred to as "prohibited area"):

A triangular shaped area in the downtown urban area bounded by I-20 on the south and east, the Mississippi River and Yazoo Diversion Canal on the west, and on the north by an imaginary line from the intersection of the North Frontage Road and Clay Street to a point where North Washington Street intersects with the south side of Haining Boulevard with a line projected westwardly to the Yazoo Diversion Canal (hereinafter "prohibited area").

The only exception to signs within the prohibited area is that a maximum of four (4) sign structures will be allowed on the east side of Washington Street between the south side of Clark Street and I-20.

(408.17-4.2)

Height and area restrictions

(a)

Outdoor advertising signs located in permitted zones along Interstate 20 are subject to the height and area restrictions set forth in the agreement between the State of Mississippi and the United States Secretary of Transportation and shall be regulated pursuant to the standard operating procedures adopted by the Mississippi Transportation Commission.

(b)

On Highway 61 and all other state highways within the City of Vicksburg, the maximum area for an outdoor advertising sign face shall be four hundred (400) square feet and shall not exceed forty (40) feet in height. Computation of the area and height of any outdoor advertising sign shall be in accordance with the method set forth in subsections 408.5(1), (2) and (3).

(c)

On all other streets within the City of Vicksburg, the maximum area for an outdoor advertising sign face shall be three hundred (300) square feet and shall not exceed forty (40) feet in height. Computation of the area and height of any outdoor advertising sign shall be in accordance with the method set forth in subsections 408.5(1), (2) and (3).

(408.17-4.3)

Spacing restrictions

(a)

Outdoor advertising signs located in permitted zones along Interstate 20 are subject to the spacing requirements set forth in the agreement between the State of Mississippi and the United States Secretary of Transportation and shall be regulated pursuant to the standard operating procedures adopted by the Mississippi Transportation Commission.

(b)

On all other streets and highways within the City of Vicksburg. outdoor advertising signs shall be no less than five hundred (500) feet from any other outdoor advertising sign except that this separation requirement may be reduced to two hundred fifty (250) feet where two outdoor advertising signs are visually obscured from each other on a permanent basis.

(c)

An outdoor advertising sign shall not be located within one hundred twenty-five (125) feet of any school (kindergarten through twelfth grade), church or other place of worship, or area zoned for residential use. For purposes of this provision, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the outdoor advertising sign to the nearest property line of the school, church/place of worship or area zoned for residential use.

(d)

The minimum distance between outdoor advertising signs shall be measured along the nearest edge of the pavement between points directly opposite the center of the signs along the same side of the street or streets connecting them and shall apply only to outdoor advertising signs located on the same side of the street or streets connecting them. An outdoor advertising sign shall be deemed to be located on the street nearest the sign.

(408.17-4.4)

Construction and maintenance of outdoor advertising signs. All outdoor advertising signs shall be designed, constructed, and maintained in accordance with the following standards:

(a)

All such signs shall comply with applicable provisions of the adopted building and electrical codes of the City of Vicksburg at all times.

(b)

All such signs shall be ground mounted by means of a single steel post. Outdoor advertising sign faces may be erected back-to-back or in a "V" type configuration with no more than two (2) displays per face. Double decked, or stacked sign faces shall not be permitted.

(c)

All signs shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this code and, shall be kept clean and neat in appearance. Outdoor advertising signs shall not be made structurally sound by the use of guy wires or unsightly bracing.

(d)

All signs shall be required to have a permit before construction and shall be inspected in accordance with section 408.13, including 408.13-1 through 408.13-2.

(408.17-4.5)

Illumination of outdoor advertising signs. Outdoor advertising signs may be externally illuminated provided that the light source is directed on the face of the sign and is effectively shielded so as to prevent rays or beams of light from being directed onto any portion of the traveled way so as to cause glare and/or limit vision and shall not be directed onto any adjacent building or structure in a manner that would disrupt the quiet enjoyment of the same.

(408.17-4.6)

Conditions not permitted. Conditions which present an immediate hazard to public safety are not permitted with regard to outdoor advertising signs and displays posted thereon. These conditions include, but are not limited to:

(a)

Any display that obstructs free and clear vision of vehicle drivers; or at any locations where, by reason of the position, shape, or color, it may interfere with, obstruct the view of or be confused with any authorized traffic or government sign, signal or device; or which makes use of the words "stop," "look," "danger," or any other words, phrase, symbol or character in such manner as to interfere with, mislead or confuse traffic;

(b)

Any display having red, green, yellow, amber, or blue lights which imitate or resemble official emergency vehicle or traffic signs or signals;

(c)

Illuminated lighting devices that are placed or directed as to permit focused light to be directed or beamed upon a public street, highway, sidewalk, the sky or adjacent premises, including beacons, laser lights, and spotlights;

(d)

Any display utilizing advertising devices that are erected on, placed on, projected or overhang any public right-of-way, walkway, street, or alley as described in section 408.9.

(e)

Outdoor advertising signs which are abandoned and/or maintained in an unsafe condition.

(f)

No outdoor advertising sign shall be placed within fifteen (15) feet of the public right-of-way, street, or sidewalk.

(408.17-5)

Existing outdoor advertising signs.

(408.17-5.1)

Conforming and nonconforming outdoor advertising signs. Any outdoor advertising sign existing on the effective date of this ordinance which complies in all respects to the provisions of this section and any other applicable law, is hereby deemed to be a "conforming outdoor advertising sign" and shall be entitled to a permit upon timely application according to the applicable provisions of sections 408.12 and 408.13 and payment of the required fee. Any outdoor advertising sign which was legally erected, but does not conform to the provisions of this law, or any amendment to this law, is a nonconforming outdoor advertising sign and shall be entitled to a permit upon timely application and payment of the fee if it is allowed by section 408.17-4.1.

(408.17-5.2)

Maintenance of nonconforming outdoor advertising signs. Any nonconforming outdoor advertising sign may continue to exist but may not be enlarged and/or altered in any way that would increase its nonconformity or create any additional nonconformity. A nonconforming outdoor advertising sign may be maintained as follows:

(a)

By painting or refinishing the surface of the sign face and sign structure, or by replacing damaged panels, so as to keep appearance of the sign the same as it was upon the adoption of this law or subsequent amendment hereto which resulted in such sign becoming a nonconforming outdoor advertising sign;

(b)

By replacement of light bulbs or similar expendable electrical devices, and repair and replacement of electrical components for safety reasons only and not to improve or upgrade the appearance or utility of the sign; and

(c)

By repairs to any catwalk, climbing and/or support apparatus necessary to ensure the safety of individuals who are required, as a part of their employment to physically access the sign and any other repairs necessary to comply with any state and/or federal safety requirements.

Any other alteration and/or modification of a nonconforming outdoor advertising sign that does not enlarge and/or increase its nonconformity or create any additional nonconformity may be performed only upon the issuance of an appropriate permit pursuant to the applicable provisions of subsection 408.12. Nonconforming outdoor advertising signs that are the subject of the provisions of section 408.17-5.7(b) below may be maintained in the manner set forth above until removed.

(408.17-5.3)

Repair to nonconforming outdoor advertising sign in permitted areas. In the event that a nonconforming outdoor advertising sign located in a permitted area, as identified in sub-section 408.17-5.8(b) above is damaged by fire, wind, flood, exposure or sudden casualty and the cost to repair such sign (including the sign structure) does not exceed fifty (50) percent of the cost to replace such sign, then the sign may be repaired provided that:

(a)

An appropriate permit is obtained pursuant to the applicable provisions of section 408.12 within thirty (30) days after such casualty;

(b)

The repair is commenced within thirty (30) days after the issuance of such permit and diligently pursued to completion; and

(c)

The repaired sign will comply with all applicable building and electrical codes.

If, after completion of such repair in accordance with such permit, such sign does not fully comply with this law, it shall nonetheless continue to be a nonconforming outdoor advertising sign.

(408.17-5.4)

Abandoned outdoor advertising signs. An abandoned outdoor advertising sign cannot become or continue to be either a conforming or nonconforming outdoor advertising sign. Abandoned signs shall be deemed illegal signs to be removed pursuant to the procedures set forth in subsections 408.19, 408.20 and/or 408.21.

(408.17-5.5)

Removal and replacement of certain nonconforming signs. All nonconforming signs which are nonconforming, in whole or in part, due to their location within the prohibited area described in section 408.17-4.1 where outdoor advertising signs are not permitted shall be removed and replaced in a permitted location within twelve (12) months (Clay Street, Halls Ferry Road, Bowmar Ave., Cherry St. Bridge and Washington St. Bridge over railroad (tracks between Pine St. and Belmont Street) or eighteen (18) months (all other signs within area) from the effective date of this section and in the manner provided by the provisions of section 408.17-2 above. Additionally, any outdoor advertising sign which legally existed as of October 1, 2003 and would have required removal and replacement under this section but was removed and/or destroyed prior to the enactment of this section shall be entitled to a replacement permit if the application and fee for the same are timely submitted on or before June 1, 2006. Any nonconforming outdoor advertising sign subject to the provisions of this section which has not been relocated pursuant to the requirements set forth after the expiration of eighteen (18) months is an illegal sign. All other nonconforming outdoor advertising signs may continue to exist in accordance with the provisions of this section and/or, at the owner's election, may be replaced in accordance with the provisions of subsection 403.2. Any such sign located along the national highway system that is required to be removed pursuant to this ordinance, other than those within the prohibited area described in section 408.17-4.1, and is not replaced is subject to the compensation requirement set forth in Miss. Code Ann. 1972, § 49-23-17(2).

(408.17-5.6)

Correction of nonconforming sign attributes. Any nonconforming outdoor advertising sign located in a permitted area may be altered, modified and/or reconstructed to alleviate its nonconformity at any time after February 1, 2006, upon the application and issuance of an outdoor advertising construction permit pursuant to subsections 408.12 and 408.13. Upon demonstration that the nonconforming condition has been corrected and brought in to full compliance with the requirements of this section, the sign shall be deemed to be a "conforming outdoor advertising sign" and shall be entitled to a permit reflecting the same without payment of any additional permit fee.

(408.17-5.7)

Outdoor advertising replacement permit. Outdoor advertising replacement permits shall be issued in accordance with the following:

Prior to the dismantling and removal of any outdoor advertising sign which was existing and in place as of October 1, 2003, for the purpose of compliance with the provisions of section 408.17-5.5 and/or for the purpose of obtaining an outdoor advertising sign construction permit, the owner of the outdoor advertising sign to be dismantled and removed shall complete an application for an outdoor advertising replacement permit and pay the inspection fee. The application shall require a complete description of the outdoor advertising sign to be removed, including the exact location of such sign, number of faces and the total area of such sign. The zoning administrator or his or her authorized agent, shall inspect the location identified in the application during the sixth (6th) month after the submission of the same or at such earlier date as the permit applicant may request. If the outdoor advertising sign has not been dismantled and removed at the time of inspection, the application will be denied and a new application must be completed and a new inspection fee tendered. However, anytime prior to the sixth (6th) month after application, the permit applicant may petition the zoning administrator for an extension upon showing "good cause" as why dismantling and removal can not be completed within six (6) months of application for the permit. "Good cause" includes, but is not limited to failure of third-party contractor to perform as agreed; inclement weather and/or ground conditions over a period of time that precludes safe and proper completion of the project; inability to obtain and/or secure sufficient equipment, material and/or labor to complete the project and/or any other event or combination of events beyond the control of the permit holder. If, upon inspection, the relevant outdoor advertising sign has been dismantled and removed in full compliance with this ordinance, the zoning administrator or his or her authorized agents will issue an outdoor advertising replacement permit setting forth the number of faces and total area of the outdoor advertising sign removed. If the dismantling and removal of the relevant outdoor advertising sign is substantially complete but not in full compliance with this ordinance and the permit applicant has not received an extension in accordance with the procedure set forth above, the zoning administrator or his or her authorized agent, shall give the applicant notice of the deficiencies and shall specify a reasonable period of time from the date of inspection for the deficiencies to be corrected. If the deficiencies are not corrected within such specified time period the application shall be denied. However, if the dismantling and removal is then complete, the zoning administrator or his or her authorized agent shall issue an outdoor advertising replacement permit setting forth the number of faces and total area of the outdoor advertising sign removed.

(408.17-5.8)

Outdoor advertising sign permits. Outdoor advertising sign permits shall be issued in accordance with the following:

(a)

Conforming outdoor advertising sign permit. The owner of an outdoor advertising sign existing on the effective date of this ordinance which complies in all respects to the provisions of this section and any other applicable law may apply for a conforming outdoor advertising sign permit. Upon timely submission of a completed application and the fee required by subsection 408.22, the zoning administrator shall issue a conforming outdoor advertising sign permit. Failure to obtain a conforming outdoor advertising sign permit for any conforming outdoor advertising sign will result in that sign being deemed an illegal sign subject to the removal provisions set forth in subsections 408.19, 408.20 and/or 408.21 and will result in a corresponding decrease in the number of sign faces and total area allowed in City of Vicksburg.

(b)

Nonconforming outdoor advertising sign permit. Anytime prior to June 1, 2006, the owner of an outdoor advertising sign existing on the effective date of this ordinance which does comply in all respects to the provisions of this section and any other applicable law but did comply with applicable law when erected may apply for a nonconforming outdoor advertising sign permit unless such sign is in the prohibited area as described in section 408.17-4.1. Upon timely submission of a completed application and the fee, the zoning administrator shall issue a nonconforming outdoor advertising sign permit. Failure to obtain a nonconforming outdoor advertising sign permit for any nonconforming outdoor advertising sign will result in that sign being deemed an illegal sign subject to the removal provisions set forth in subsections 408.19, 408.20 and/or 408.21 and will result in a corresponding decrease in the number of sign faces and total area allowed in City of Vicksburg.

(408-17.6)

Assignment of outdoor advertising sign permits. Any current and valid permit regarding the construction, modification, replacement and/or maintaining of an outdoor advertising sign is freely assignable, subject only to filing such application as the zoning administrator or his or her authorized agents, may require and paying any applicable fee. The assignment shall be accomplished by filing and shall not require approval.

(408-17.7)

Conflict with other provisions. It is intended that this section govern the regulation and control of outdoor advertising signs within the City of Vicksburg. To the extent any other provision included in Ordinance No. 71-8 as amended conflict with the provisions of this section, the provisions of this section 408.17 shall control with regard to outdoor advertising signs.

(408.18) Sign variances. The procedure governing variances from the requirements of these signs and outdoor advertising regulations shall be the same as for any other section of the zoning regulations, as set out in section 503.3.

(408.19) Violations.

Any of the following shall be a violation of this ordinance and shall be subject to the enforcement remedies and penalties provided by this ordinance, by the zoning ordinance, and by state law:

(1)

To install, create, erect, or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the lot on which the sign is located;

(2)

To install, create, erect, or maintain any sign requiring a permit without such a permit;

(3)

To fail to remove any sign that is installed, created, erected, or maintained in violation of this ordinance, or for which the sign permit has lapsed; or

(4)

To continue any such violation. Each such day of a continued violation shall be considered a separate violation when applying the penalty portions of this ordinance.

Each sign installed, created, erected, or maintained in violation of this ordinance shall be considered a separate violation when applying the penalty portions of this ordinance.

(408.20) Enforcement and remedies. Any violation or attempted violation of this ordinance or of any condition or requirement adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law. A violation of this ordinance shall be considered a violation of the zoning ordinance of the City of Vicksburg. The remedies of the City of Vicksburg shall include the following:

(1)

Issuing a stop-work order for any and all work on any signs on the same lot;

(2)

Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity;

(3)

Imposing any penalties that can be imposed directly by the City of Vicksburg under the zoning ordinance;

(4)

Imposing a penalty of one hundred (100) percent of the usual permit fee in addition to the required permit fee.

(5)

Seeking in court the imposition of any penalties that can be imposed by such court under the zoning ordinance; and

(6)

In the case of a sign that poses an immediate danger to the public health or safety, taking such measures as are available to the City of Vicksburg under the applicable provisions of the zoning ordinance and building code for such circumstances.

(408.21) Administrative procedures, hearings, relief. In addition to the provisions of section 408.19 and section 408.20, the provisions of article V of these zoning regulations shall apply.

(408.22) Fee schedule. The fees for sign permits effective from time to time shall be adopted by resolution of the Board of Mayor and Aldermen of the City of Vicksburg and published in its official minutes.

(408.23)Severability. If, for any reason, one (1) or more sections, headings, clauses, tables, or other parts of these sign and outdoor advertising regulations are held invalid, such judgment shall not affect, impair or invalidate the remaining provisions of these regulations, but shall be confined to the specific sections, headings, clauses, tables, or other parts of these regulations held invalid, and the invalidity of any section, heading, clause, table, or other part in any one (1) or more instances shall not affect or prejudice in any way the validity of this ordinance in any other instance.

(408.24)

Applicability to medical cannabis establishments.

A.

No medical cannabis establishment may advertise or market on posted signage which:

1.

Contain statements that are deceptive, false or misleading;

2.

Contain any content that can reasonably be considered to target children, including, but not limited to:

a.

Cartoon characters;

b.

Candy

c.

Children;

d.

Toys; or

e.

Similar images and items typically marketed towards children.

3.

Encourage the transportation of cannabis products across state lines;

4.

Display consumption of cannabis products;

5.

Contain material that encourages or promotes cannabis products for use as an intoxicant;

6.

Contain material that encourages excessive or rapid use or consumption;

7.

Is located in zones where medical cannabis establishments are prohibited;

8.

Are provided through unsolicited leaflets, brochures or handbills;

9.

Is located on public transit, publicly owned property or within one thousand (1,000) feet of protected places;

10.

Is located on public transit, publicly owned property, or within one thousand (1,000) feet of protected places.

B.

Dispensaries are required to place a sign on its exterior in a conspicuous location that may be clearly viewed by the public that identifies the name of the entity that owns the dispensary and lists the license number issued by the department of revenue.

C.

Dispensaries shall place a copy of its dispensary license in a conspicuous location within the point of sale area in a manner that may be clearly viewed by patients.

D.

Dispensaries may only sell the following items on the licensed premises, i.e. medical cannabis, equipment used for medical cannabis or related supplies and educational materials. These items may only be sold to cardholders.

E.

All medical cannabis establishments are to adhere to local and state law and regulations implemented by the Mississippi Department of Revenue and Mississippi Department of Health.

Note: A directory sign shall be utilized where two or more entities share a common principle entrance. When utilized, a directory sign shall serve in lieu of individual freestanding signs for such entities.

(Ord. No. 92-12, §§ 1, 2, 12-7-92; Ord. No. 96-5, §§ 54—56, 9-25-96; Ord. No. 98-3, §§ 1, 2, 2-10-98; Ord. No. 2002-03, §§ 5—21, 2-25-02; Ord. No. 2004-19, §§ 3, 4, 11-1-04; Ord. No. 2005-27, §§ 5—26, 12-22-05; Ord. No. 2006-08, §§ 1, 2, 5-25-06; Ord. No. 2007-07, §§ 1—6, 5-10-07; Ord. No. 2007-18, §§ 1, 2, 10-10-07; Ord. No. 2008-15, § 2, 12-15-08; Ord. No. 2009-04, §§ 1, 2, 11-16-09; Ord. No. 2019-15, § 2, 10-10-19; Ord. No. 2022-06, § 5, 5-25-22)

Editor's note— Ord. No. 2022-06, § 5, adopted May 25, 2022, set out provisions intended for use as 408.23. In order to preserve the style of this Code, and at the editor's discretion, these provisions have been included as 408.24.

Cross reference— Licenses and business regulations, Ch. 13.

(409.1)

Intent. It is the intent of this section to define the terms and conditions under which dockside gaming and ancillary uses may be permitted as a special exception. No building or occupancy permit shall be issued for this use unless deemed appropriate by the zoning board of appeals.

(409.2)

Uses. Dockside gaming may be permitted as a special exception in nonresidential zones abutting the Mississippi River and Yazoo River Diversionary Canal subject to conformance to the criteria herein.

(409.2-1) Ancillary uses. A limited number of on-site ancillary uses are considered appropriate with dockside gaming regardless of the underlying zone of the subject property. These uses are:

(1)

Restaurants and food service but excluding drive-in restaurants.

(2)

Specialty food shops (e.g. ice cream parlors, bakeries, etc.).

(3)

Taverns, bars and lounges.

(4)

Indoor recreational uses and places of amusement.

(5)

Motels and hotels.

(6)

Retail sale of merchandise.

(7)

Public or private parking garages or lots to the extent allowed by this and other applicable city ordinances and consistent with design guidelines approved by the city.

(8)

Theaters or entertainment pavilions.

Other uses allowed in the base zone are permissible when separated from the dockside gaming establishment by a mapped dedicated city street unless otherwise prohibited or restricted by ordinance.

(409.3)

Prerequisites.

(409.3-1) Mississippi Gaming Commission License. Before any building permit applications for construction of dockside gaming establishments or ancillary structures can be accepted by the building official of the City of Vicksburg for processing, the applicant shall present proof that it has either submitted a completed application for the intention of obtaining a license or a bona fide copy of a valid license from the Mississippi Gaming Commission. If applicant has not received a final valid license from the Mississippi Gaming Commission before the expiration of two (2) years following grant of the special exception, that special exception permit is automatically revoked.

(409.3-2) Master plan. Prior to granting a permit for a dockside gaming establishment and ancillary uses, the zoning board of appeals shall require applicants to provide a master plan, which will assist in determining what the developers propose, where they intend to construct same, and when it will be accomplished. The master plan will assist the zoning board of appeals with:

(1)

Establishing the compatibility of the proposed development with its surroundings;

(2)

Analyzing traffic flow and traffic congestion considerations;

(3)

Identifying the availability and location of parking;

(4)

Determining the potential impact of the proposed operations on the city's infrastructure such as roads, water, and sanitary sewerage collection and disposal;

(5)

Determining the potential impact, which could result in an increased need for municipal services such as policy and fire protection;

(6)

Disaster plan and emergency plan.

(409.4)

Master plan requirements. The master plan shall include the following elements (and other information as may be required by the zoning board of appeals) to insure that the purposes of the city's zoning and other ordinances, as well as other city, state and federal regulations and codes are met:

(409.4-1) Site plan. A site plan and topographic survey (two-foot contours) depicting the proposed location of all improvements and facilities (including, but not limited to, location of boats, barges, vessels, piers, parking lots, landscaping, etc.) and the location of the Mississippi River Flood Stage at Vicksburg (89.23 NGVD) after construction is completed.

(409.4-2) Illustrations. Photographs, artists renderings, or other visual documents that will assist the city in establishing compatibility both for the boat and any landslide development;

(409.4-3) Data on vessel. Information relative to the number, height, length and width of boats, barges or vessels; the total number of employees contemplated; the number of visitors expected daily, monthly, yearly; peak traffic times and days; and hours of operation.

(409.4-4) Access, parking and traffic. The applicant must demonstrate conformance to the access, parking and traffic provisions of Section 407 as well as supply the following data:

(1)

Number of parking spaces to be provided and the layout, location, lighting and landscaping of the parking lots; if satellite parking lots will be employed, leases or contracts committing specific parking spaces to the gaming facility coupled with an acceptable shuttle bus or other appropriate plan to transport guests and employees to and from the gaming facility. Bona fide contracts evidencing all parking and shuttle arrangements must be provided during the gaming establishment's existence;

(2)

Proposed or anticipated access routes to and from the gaming operations, both on-site and off-site; grade and width of roads, turning radii; stacking distances; and expected traffic volumes;

(3)

Road improvements and traffic controls necessary to accommodate dockside gaming establishments and ancillary uses;

(409.4-5) Infrastructure. Proposed infrastructure improvements such as water, natural gas, electricity, drainage, and sanitary sewerage collection (e.g., location of improvements, size of pipes, etc.);

(409.4-6) Security and protection. Provisions for on-site security, fire protection, and lighting and plans for emergency evacuation.

(409.4-7) Site controls. Evidence of site control (i.e., ownership or contractual arrangements) for all lands included within the developer's proposal, necessary for the full and complete implementation of the proposed development;

(409.4-8) Landscape buffer. Landscaped buffer areas of sufficient length and width as necessary to protect adjoining uses from any adverse impact from noise, traffic, lights, etc. from a gaming operation shall be provided and shall conform to City standards where stipulated;

(409.4-9) Material palette. The applicant shall specify the material palette for architectural and landscape materials and shall supply samples when requested by the zoning board of appeals.

(409.5)

Building height. No structure (excluding architectural projections such as decorative smokestacks on a vessel) shall exceed five (5) stories or sixty-five (65) feet whichever is less and shall conform to any view corridor or height restrictions that may be adopted by the city; provided, however, structures on parcels that are separated from a dockside gaming casino by a public street (even when the parcels are controlled by the same development entity) are only subject to the height restrictions of the base zone; provided, further, that no height restrictions or view corridor shall apply to any structure within the Downtown Conservation District.

(409.6)

Required lot area and lot width. There shall be no minimum size for a lot. There are no lot width requirements.

(409.7)

Percentage of lot coverage. Within the Downtown Conservation District there shall be no limit on lot coverage.

In other areas buildings (including accessory buildings) and paved areas (including parking lots and service areas) shall not cover more than seventy (70) percent of the project property. Landscaped area in the paved parking lots shall be deemed landscaped open space. The remainder shall be devoted to landscaped open space per requirements of the Zoning Board of Appeals. Lot area shall be considered that land above Vicksburg flood stage on Mississippi River (89.23 feet NGVD).

(409.8)

Yards required.

(409.8-1) Front yards. Front yard setback requirements shall conform to the standards of the base zone, except in the Downtown Conservation District no yard setback is required.

(409.8-2) Side yards. Side yard setback requirements shall conform to the standards of the base zone, except in the Downtown Conservation District no yard setback is required.

(409.8-3) Rear yards. Rear yard setback requirements shall conform to the standards of the base zone, provided that where the rear yard abuts the water in the Downtown Conservation District, then no rear yard setback is required. The rear yard is defined as that side that abuts the side of the property on or nearest the waterway. No rear yard setback is required in the Downtown Conservation District.

(409.9)

Off-street parking, loading requirements, traffic considerations and development standards.

Requirements for dockside gaming. The following submissions and standards pertain to dockside gaming as a special exception:

(409.9-1) Intentions.

(1)

Casino sites should be safely and conveniently accessible to all vehicle types expected to visit the site, including tour buses, service vehicles, and emergency vehicles.

(2)

Casino sites should provide safe and clearly defined access for pedestrians and disabled-person.

(3)

Internal circulation and parking should be safe, convenient, and easily understood.

(4)

The appearance of access, circulation, and parking facilities should attest to quality development and to designs that are sensitive to the unique location and features of the site.

(409.9-2) Developer/submissions. An applicant for a dockside gaming facility must submit the following documents related to access, parking, and traffic:

(1)

A dimensional plan (at least one (1) inch + fifty (50) feet) illustrating all access roads, connections to dedicated city streets, on-site and off-site parking spaces, and setbacks from the waterfront and abutting properties.

(2)

A dimensioned traffic plan (at least one (1) inch = fifty (50) feet) illustrating conformance to sections (407.3-3) through (407.3-12) and (407.3-14) as well as any changes proposed to dedicated city streets including signalization, widening, creation of turning lanes, storage capacity of turning lanes, etc. The city reserves the right to require the developer to alter these plans to meet city safety standards or to meet other requirements the city deems appropriate.

(3)

A landscape plan illustrating all walkways, landscaping, and lighting including curb treatment, height, design and lumens of lighting standards, and type and size (in height or caliper) of plantings.

(4)

An estimate, with supporting evidence from comparable facilities (where relevant) of casino floor area, number of gaming devices and positions, floor area for other uses, projected attendance, boat capacity, the number of employees by shift, the number of shifts, and the hours of operation.

(5)

Evidence of ownership or lease of off-site parking is required for both customer and employee parking areas.

(409.9-3) Intersection design. Access roads intersecting dedicated city streets must provide stopping sight distance, corner clearance, traffic control, channelization and turn radii appropriate to the functional classification of the dedicated city street. Intersection design shall accommodate a semi-trailer (WB-40) design vehicle. Approaches to the intersection shall be relatively level (three (3) percent maximum grade) and provide storage for a minimum of four (4) vehicles (approximately one hundred (100) feet) without extending onto a horizontal or vertical curve, or into an internal intersection unless a different grade and storage is approved by the zoning board of appeals.

(409.9-4) Access road design. Access roads shall be a minimum of thirty (30) feet wide for two-way traffic operation. Curves and internal intersections with the access road shall be designed to accommodate a WB-40 design vehicle. In any case, internal roads must have sufficient width so that vehicles do not encroach on opposing lanes during turning maneuvers. For safety reasons, traffic should be able to pass a stalled vehicle while maintaining two-way flow. Maximum grade shall be as determined by the city engineer. Access roads on private property shall at a minimum meet city public street pavement standards and shall include curbs and gutters.

(409.9-5) Secondary access. One (1) external access drive from the casino area is required for every three hundred (300) parking spaces. If, in the opinion of the city engineer, site constraints make it physically impossible to provide one (1) access drive for every three hundred (300) parking spaces, then one (1) access drive for every four hundred (400) parking spaces shall be provided, provided, further, that if at least two (2) access roads built to public road standards are constructed, then the zoning board of appeals can waive a requirement of any more access roads. Secondary access roads should conform to the minimum standards for primary access roads.

(409.9-6) Emergency vehicles. A secondary access route will be required for emergency vehicles. This may be a second, general access route or a dedicated emergency vehicle road. The access route for emergency vehicles shall be a route that allows access reasonably close to the casino at a point deemed acceptable to the city fire department.

(409.9-7) Tour bus access and drop-off. Tour bus access and passenger drop-off areas should be provided sufficient to accommodate a standard intercity coach. This may be accomplished with a street-level pullout, an on-site drive-through or turn-around design. Passenger waiting areas should be clearly designated and should provide shelter if placed outdoors. Pedestrian access connections must be provided so that they are safe, clearly marked, and convenient to use. Tour bus passengers should not be forced to walk in parking aisles or on internal roads between the bus and the development's buildings. Tour bus parking and staging areas should be separate from passenger loading and drop-off points.

(409.9-8) Pedestrians. Substantial pedestrian volumes will occur between parking areas and the casino buildings, and may also occur between other property and the casinos. Safe, convenient, and clearly designated walkways are essential. Pedestrians shall not be forced to walk in roadways or across landscaping to enter or traverse the site but pedestrians may only cross roadways on pathways clearly marked for pedestrians. If pedestrian must cross Levee Street to get to the riverboat casino from off-street parking facilities, then elevated pedestrian walkways to cross Levee Street and the railroad tracks shall be required.

(409.9-9) Off-street parking supply.

(1)

One (1) parking space for each one and one-third (1⅓) hotel rooms; plus parking spaces figured separately for other areas of the hotel as provided herein or as provided in other ordinances of the city.

(2)

One (1) parking space per seventy-five (75) square feet of casino, showroom, bars, lounges, restaurants, stores and other similar public areas (excluding mechanical rooms, elevator shafts, stairwells, vestibules, storage rooms, corridors, toilet rooms, swimming pool area, tennis courts and other similar areas); provided, however, that the city has the right after the casino has been opened for one (1) year to require additional parking spaces up to one (1) parking space per fifty (50) square feet of such space.

(3)

Parking supply for employee areas, kitchens, locker rooms, dressing rooms, stage and backstage areas shall be not less than one (1) parking space per one thousand (1,000) square feet of floor area.

(4)

Parking supply for administrative offices shall not be less than one (1) parking spaced per three hundred (300) square feet of floor area.

(5)

Handicapped-accessible parking shall be provided following American Disability Act ("Act") Accessibility Guidelines.

(6)

The above numbers can be altered by the zoning board of appeals only if presented with evidence of comparable facilities where the numbers are substantially different and if such evidence is verified by appropriate city agencies and/or independent traffic consultant retained by the city.

(7)

The existing parking garages located on Mulberry Street between South Street and Clay Street shall be deemed to count towards the off-street parking requirements of casino, food service and ancillary facilities and hotel (provided hotel does not exceed one hundred twenty (120) rooms) located north of Crawford Street and west of Mulberry Street and south of Clay Street which are owned by the same entity which owns those parking garages or leases those parking garages from the city but shall not be deemed to meet the parking requirements of any other use.

(8)

Except for the parking garages dedicated in part to public use upon the effective date of this section, off-site customer parking must be dedicated exclusively to casino customer use; provided, however, that collective parking facilities may be provided if the parking spaces in said collective facility is no less than the sum of such parking spaces as would otherwise be individually required.

(9)

Casino parking must be provided within eight hundred (800) feet walking distance of the point where persons will first enter an enclosure that will enable them to enter the casino staging area without leaving a covered area. If the parking lot or structure is not provided within this distance, a people-mover or transit system must be provided between the parking area and the site.

(10)

Tour bus and recreational vehicle parking must be dedicated and clearly designated. Such parking may be provided off-site when evidence of ownership or lease of off-site parking is documented. Such off-site parking may not occur within a residential zone. Standard intercity coaches should be used as the design vehicle. If such off-site parking abuts a residential zone, parking may not occur within one hundred fifty (150) feet of the residential zone and there shall be a heavily landscaped visual and sound buffer between the parking area and the residential zone.

(11)

Off-site parking (except for tour bus and residential vehicles) shall not occur within a residential zone. If such off-site parking abuts a single-family or two-family residential zone, parking may not occur within seventy-five (75) feet of said single-family or two-family residential zone. If such off-site parking abuts a multifamily residential zone, parking may not occur within fifty (50) feet of said multifamily residential zone. There shall be a heavily landscaped visual and sound buffer between the parking area and any residential zone.

(12)

In recognition of the existing industrial and railroad traffic on and along Levee Street and the southern extension thereof (Levee Street), special restrictions shall apply to Levee Street to the effect that passenger vehicular traffic along or across Levee Street shall be discouraged and may be restricted or prohibited. Developers must submit plans to address methods of providing parking and access to any part of their development along Levee Street to satisfy the traffic safety issues of Levee Street.

(409.9-10) Parking dimensions.

(1)

Stalls for passenger automobiles shall be at least nine (9) feet wide.

(2)

Handicapped-accessible stalls shall conform to ADA Accessibility Guidelines of the American Disability Act ("ADA").

(3)

Aisle width is dependent on stall width and angle and should conform to guidelines published by the Urban Land Institute and by the Institute of Transportation Engineers.

(409.9-11) Aisle definition for surface parking.

(1)

Landscaped islands with minimum four-inch concrete curbs must define the ends of all parking aisles. These islands must be at least five (5) feet in width except where they are part of a paved pedestrian system. In those cases there must be at least ten (10) feet in width with six (6) feet paved. This serves important circulation and aesthetic functions by enhancing parking aisle visibility, by maintaining drivers' sight-lines at internal intersections, by protecting vehicles parked at the ends of rows from turning traffic, and by providing for landscaping. Each island shall be appropriately landscaped.

(2)

Landscaped dividers should be constructed along the length of every third parking row. This reduces dangerous diagonal traffic movements during periods of low parking occupancy and offers an additional landscaping opportunity to improve surface lot appearance. Dividers should be ten (10) feet wide with trees planted at twenty-foot intervals unless different distances are approved by the zoning board of appeals. These dividers can serve as paved pedestrian walkways if they connect to other designated walkways. In this case planting is not required.

(409.9-12) Parking slope. Parking shall not occur on a grade exceeding six (6) percent for general customer and employee parking and shall not exceed two (2) percent for handicapped parking.

(409.9-13) Traffic impact assessment. To gauge the effect of casino traffic on public streets, a traffic impact analysis shall be required prior to granting the special exception. This analysis would be paid for by the casino applicant and furnished to the city. Traffic impact assessment by the casino consultant would be subject to review by the city or by an independent professional transportation planner or engineer appointed by the City of Vicksburg at the cost of applicant. Items to be identified and documented include:

(1)

Defining a study area where project traffic is likely to occur, and specifying key roads and intersections to be analyzed. The director of public works, city engineer and city planner will be responsible for reviewing and approving the study area.

(2)

Existing traffic conditions for the afternoon peak hour and on a daily basis. Inventories of traffic volumes, traffic controls, pavement dimensions and condition, intersection levels of service, and accident histories within the study area should be documented.

(3)

Peak hour and daily traffic generation for the proposed development. Carefully documented assumptions and methods are critical to the validity of the analysis.

(4)

Distribution and assignment of project traffic on public streets.

(5)

Operational affects of project traffic on area and roadways. Traffic from other approved developments or developments that have applied for a special exception should be included in the calculations to the extent the city furnishes this data to the developer. The most recent highway capacity manual capacity analysis procedures should be used.

(6)

Grade and slope of roadways, parking areas and driveways.

(7)

Methods to mitigate unacceptable impacts. Level of service "D" is the minimum acceptable peak hour condition. Project approvals may be conditioned upon off-site improvements being made when necessary to provide adequate capacity for safe traffic operations.

(8)

In recognition that Levee Street is a major truck route and that a major train track lies along Levee Street, traffic patterns on Levee Street should be addressed separately for any casino that lies west of Levee Street and the train tracks. Left turns across opposing lanes of traffic in Levee Street may be restricted to points where signalization is installed or will be otherwise restricted or limited for the safety of persons.

(409.9-14) Setback and buffering requirements.

(1)

No parking shall occur within required yard setbacks except in the Downtown Conservation District where parking may be allowed in the required yard setback area.

(2)

No parking or paved drive shall occur below the one-hundred-year flood elevation except in the Downtown Conservation District which shall be exempt from this provision. An exception to this provision is that drop-off, servicing, and handicap parking can occur in that section of land immediately parallel to the dockside gaming vessel but not extending more than twenty-five (25) feet beyond its fore and aft. Developer shall heavily landscape the horizontal plain fifty (50) feet west of the one-hundred-year flood elevation, using water tolerant trees and shrubs.

(409.10)

Special sign regulations; intent. In recognition that casino riverboat gambling development could involve a multitude of business activities, including, but not limited to, the casino gambling itself, restaurant, lounges, entertainment, retail businesses, hotels, and other business activities in the overall development, signage allowed for these development projects should be considered separately from signage allowed for other business activities and uses within the City of Vicksburg. Furthermore, it is recognized that the terrain leading to the river is such that in order to create appropriate signage for customers and patrons to locate a development that may not be visible because of the terrain will require the allowance of signage that may be a greater size than what otherwise would be allowed for the activities in the City of Vicksburg.

(409.10-1) General. No sign, except an unlighted sign for lease, sale or rent of property and not exceeding twelve (12) square feet in area, or an announcement of professional sign not exceeding two (2) square feet in area, or traffic and other regulatory signs, or legal notices and the like, shall be placed or erected without the prior approval of the building official.

(409.10-2) Types prohibited. The following types of signs are specifically prohibited.

(1)

A sign or structure which directs attention to a business, commodity, service, activity or entertainment not conducted or principally sold or offered upon the premises on which the sign is located.

(2)

Portable signs of any type.

(3)

Temporary signs on paper or cloth mounted in windows or affixed to the exterior of structures.

(4)

Signs mounted on poles wherein the total height of the sign from grade exceeds ten (10) feet and/or the total area of the sign exceeds twenty (20) square feet.

(5)

Blinking lights strung independently or affixed to a sign.

(409.10-3) Business signs.

(1)

Total permitted sign area. The total area of all business signs on a boat, barge, vessel, building, structure or lot shall not exceed five hundred (500) square feet or the sum of six (6) square feet for each linear foot of principal lot frontage along a dedicated public street, whichever is greater. If a boat, barge, vessel, building, structure or lot fronts on more than one dedicated public street, then only the principal street frontage will be allowed in computing the total permitted sign area. Provided, however, that the total of all sign areas shall not exceed three thousand five hundred (3,500) square feet.

(a)

There shall be no limitation on the number of signs on a building or other structure.

(b)

Wall or surface mounted signs located on a gaming vessel, barge or boat may occupy no greater than ten (10) percent of the surface area of the side of the vessel, barge or boat to which it is affixed.

(c)

One (1) freestanding sign may be allowed for each public street frontage which the property abuts. No freestanding sign shall be located within one hundred (100) feet of any other freestanding sign on the same lot or parcel.

(d)

No single freestanding sign shall have an allowable sign area greater than four hundred square feet, nor shall the nonsign area of the structure exceed the sign area on the structure.

(2)

Computation of area of individual signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.

(3)

Computation of area of multi-faceted signs. The sign area for a sign with more than one (1) face shall be computed by adding together the area of all sign faces visible from any one point. When two (2) identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than forty-two (42) inches apart, the sign area shall be computed by the measurement of one of the faces.

(4)

Sign setback requirements. No freestanding sign shall be placed closer than five (5) feet to the street right-of-way line and shall in no way obstruct the view of traffic or create a hazard.

(5)

Sign height. No freestanding sign shall exceed thirty-five (35′) feet in height, measured from the base of the sign at normal grade to the highest attached component of the sign.

(409.10-4) Sale or rent signs. Signs advertising that the premises are for lease, sale or rent are permitted, provided that each real estate firm shall be limited to one (1) such sign not to exceed twelve (12) square feet in area on each lot or parcel of property for which such firm has a bona fide listing, and that such sign shall be removed from the premises within ten (10) days subsequent to the leasing, sale or rental of such premises.

(409.10-5) Development signs. One company sign not to exceed fifty (50) square feet in area may be affixed to each lot or parcel or property to designate that such property is to be occupied at a future date by the proposed business or use.

(409.10-6) Temporary announcement signs. Including a contractor's signs on a construction site, not to exceed thirty-two (32) square feet in area, indicating the names of persons associated with or events conducted upon the premises.

(409.11)

Fences.

(409.11-1) Chain link fences. No chain link or wire type fences shall be permitted.

(409.11-2) Transparency. All fences shall maintain as a minimum a thirty-five (35) percent transparency unless permitted as an exception by the zoning board of appeals.

(409.12)

Design guidelines.

(409.12-1) Floating structures. Floating structures shall maintain a consistently high quality of construction and design. They may be modeled on riverboat theme unless the zoning board of appeals approves a different theme. Floating barges with the equivalent of decorated prefabricated metal buildings on them are not acceptable. The following guidelines shall apply unless applicable ABS or Coast Guard Standards require a different guideline.

(1)

Exterior walls. Exterior walls shall be sided with metal or wood unless another exterior material is specifically approved by the zoning board of appeals and shall be in conformance with applicable safety codes. Composition wood is not allowed, e.g., masonite or pressed board. Plywood joints shall not be exposed to the weather. Metal walls should use shipbuilding construction type techniques and should avoid such details as caulked butt-joints which are more associated with industrial buildings.

(2)

Windows. Floating structures shall have some amount of glazed area on the exterior walls consistent with the exterior design of the structure and in accordance with applicable building codes. Windows in the casino areas may be fitted with daylight reduction glazing appropriate to casino use. Windows in noncasino areas may be fitted with daylight reduction glazing appropriate to noncasino use. Sliding glass doors are not permitted.

(3)

Roofs. Flat roofs shall be uncoated copper or black roll roofing or single ply roof membrane made of an appropriate roofing material. Pitched roofs shall approximate the slope of the historic riverboat roofs and shall be clad with galvanized standing seam metal or copper.

(4)

Exterior decks, If exterior decks accessible to the public are provided, they shall be a minimum of six (6) feet in width unless applicable building codes require a greater width and freely available to the customers except where access may impede critical service or security functions of the vessel.

(5)

Color. Colors are subject to approval by the zoning board of appeals.

(6)

Mechanical equipment. Mechanical equipment should be screened from view.

(7)

Submissions. The developer shall submit dimensioned floor plans for each level of the floating structures, four elevations (one of each side), an indication of the elevation of the first deck above water level, and a plan of the casino floor(s) indicating the floor layout and color chips keyed to the exterior elevations to indicate paint color. They shall note how they have conformed to the window requirements of these guidelines by providing appropriate calculations.

(409.12-2) Landslide servicing facilities. Landslide support systems including, but not limited to pump stations, garbage containment, etc. shall be enclosed and buffered by Landscape. For this purpose fencing does not constitute enclosure.

(409.12-3) Ancillary buildings. Latitude of style is permitted within this institutional use group. Quality of design and construction within the chosen style is subject to review by the zoning board of appeal. In general the following intentions shall be met:

(1)

Roofscape. The buildings will often be seen from above. Roofs shall therefore be of neutral color, shall not be of gravel, and when flat shall meet the side wall of the building through use of a parapet wall eighteen (18) inches or more in height, or a bracketed overhang, or cornice.

(2)

Quality of construction. Fiberboard, masonite, plywood and similar materials shall not be used for exterior cladding. Corrugated metal can be used if consistent with an industrial theme pertaining to the development as a whole. Vinyl and aluminum siding are acceptable if consistent with the architectural theme. The natural palette must be of consistently durable quality consistent with an anticipated building lifespan of thirty (30) years.

(3)

Color. The color palette should be consistent with the intended style of theme. Garish colors or colors intended to draw attention to the buildings much as a sign would do are prohibited.

(409.13)

Legally binding agreement. A legally binding agreement from the applicant shall be provided by the applicant to the city certifying that:

(1)

All permanent improvements to be constructed shall be to the standards of the latest editions of the building and related codes adopted by the city. Vessels shall conform to the provisions of the local building codes except to the extent that they are required to conform to American Bureau of Shipping ("ABS") or Coast Guard standards. In that instance, they shall conform to the ABS or Coast Guard Standards and to the extent that they can also conform to local building code standards, they shall also conform to local building code standards. All floating structures shall be required to have a certificate of stability from the appropriate certifying agency.

(2)

Water system improvements necessitated by an gaming operation and ancillary facilities shall be designed by a Registered Professional Engineer and constructed at least to the requirements of the city and at the sole expense of the developer and at no cost to the city. Developer shall maintain these improvements at no cost to the city.

(3)

Sanitary sewer system improvements necessitated by the gaming operation and ancillary facilities shall be designed by a Registered Professional Engineer and constructed at least to the requirements of the city at the sole expense of the developer and at no cost to the city. Developer shall maintain these improvements at no cost to the city.

(4)

A fire suppression system shall be installed and maintained in compliance with the adopted fire codes of the city and at least to the requirements of the Vicksburg Fire Department and other agencies, as deemed appropriate.

(5)

New access roads (or, alternatively, improving, upgrading and/or widening of existing roads) and all internal roadways shall be designed and constructed at least to the standards of the city for public roads and such other requirements of the city and at the sole expense of the developers and at no cost to the city. Likewise, the roads shall be maintained in good condition by Developer at no cost to the city.

(6)

All parking areas shall be paved to Mississippi Standard Specifications for Road and Bridges Construction, 1990 Edition, as amended from time to time.

(7)

Signalization or channelization changes required on nearby existing streets to meet the demands created by turning movements into or toward the applicants property will be provided consistent with city standards at no cost to the city.

(8)

The developers shall dispose of garbage, trash and other solid waste in a manner consistent with applicable federal, state and local laws. Solid waste containers are to be screened from view of public and private roadways and the water.

(9)

Multiple accesses, and accesses in accordance with building codes where applicable, shall be provided between land and floating structures to be occupied by patrons or customers.

(10)

Other requirements as may be deemed by the city to be necessary, appropriate and in the interest of the public health, safety and welfare.

(11)

All requirements of this ordinance and other ordinances of the city will be satisfied and that all conditions and requirements of the city will be satisfied.

(409.14)

Waiver from specific requirements. For good and sufficient reason and where the public health, safety, and welfare will not be harmed, the zoning board of appeals shall have authority to grant a waiver from specific development requirements set forth herein. Provided, however, that no such waiver shall be granted unless the zoning board of appeals shall have conducted a public hearing on the waiver request after having given lawful notice thereof. Provided further, however, that no such waiver shall be granted unless the zoning board of appeals shall have made written findings specifying the good and sufficient reasons for the waiver and determining that the granting of the waiver will not harm the public health, safety, and welfare.

(409.15)

Certificate of occupancy. Completion of the improvements in compliance with all requirements of city ordinances and the special exception shall be a condition before a certificate of occupancy shall be issued for any use, and no vessel, building or facility will be occupied until said improvements are constructed and operational.

(409.16)

Application fees. In order to insure expediency and evenhandedness of review consistent with the objectives of the city and applicants, an applicant shall be required to pay an application fee of five thousand dollars ($5,000) at the time of submission to the zoning board of appeals of an application for a dockside gaming establishment as a special exception. Said fee shall be used by the city either to conduct an agency review of the stated infrastructure and environmental impacts of the project and/or to hire specialists to conduct said review. Said review shall be conducted expeditiously.

(409.17)

Conflict with other ordinances. In the event the provisions of this ordinance on the conditions upon which the special exception is granted conflicts with the requirements of any other city ordinance, the provisions herein shall supersede the conflicting provisions of other ordinances.

(409.18)

Effective date. Because the adoption of this ordinance is necessary for the immediate and temporary preservation of the public peace, health, and safety and because the construction of dockside gaming establishments and the beginning of lawful gaming at the earliest possible date is important to the economy and tax base of the city and the welfare of its citizens, this ordinance shall take effect and be in force from and after its passage.

(Ord. No. 93-7, § 3, 2-22-93; Ord. No. 93-11, § 6, 2-25-93; Ord. No. 2006-04, § 12, 3-24-06)

It is hereby clarified that the zoning district currently in effect on any tract of land bordering on the Mississippi River or the Yazoo Diversionary Canal extends westward to the corporate limits of the City of Vicksburg, being the centerline of the Mississippi River or the Yazoo River Diversionary Canal, as the case may be.

(Ord. No. 93-7, § 4, 2-22-93)

Any person may appeal a ruling of the zoning board of appeals. Such appeal must be made within ten (10) days of the date of such ruling to the mayor and aldermen by filing with the city clerk a notice of appeal, specifying the grounds of the appeal. Within five (5) days of receipt of an appeal by the city clerk, the clerk shall notify the secretary of the zoning board of appeals in writing of the appeal and the secretary shall forward to the mayor and aldermen all papers constituting the record upon which the action appealed from was taken. The final disposition of any such appeal shall be in the form of a decision expressed in a resolution of the mayor and aldermen, reversing, modifying or affirming wholly, or in part, the zoning board of appeals' decision of determination. Any person aggrieved at the findings of the mayor and aldermen shall have the right to appeal from the findings of the mayor and aldermen in the form and manner and as required by the laws of Mississippi. All costs of the appeal will be paid by the appellant if the decision of the mayor and aldermen is affirmed.

(Ord. No. 93-11, § 5, 2-25-93)