Waveland City Zoning Code

ARTICLE IV

- GENERAL REGULATIONS

Sec. 401. - Regulations for all development.

401.1

Coordination with the Comprehensive Plan. The Zoning Ordinance is consistent with the adopted Comprehensive Plan. Any amendments to this ordinance, including, but not limited to, rezoning approval pursuant to Article XI procedures of the Zoning Ordinance, and all development approvals, shall be consistent with the adopted comprehensive plan, as it may be amended from time to time, in effect at the time of the request for amendment.

An amendment to the text of the Zoning Ordinance is consistent and in accordance with the comprehensive plan if it complies with the goals, objectives, policies and strategies and any vision statement contained in the comprehensive plan.

401.2

Coordination with Subdivision Ordinance. In all cases where the ownership of land is divided for the purpose of eventual development of lots of any kind (residential, commercial or industrial), the provisions of the City's Subdivision Ordinance shall apply in addition to the provisions of the Zoning Ordinance.

401.3

Principal Building Regulations. Unless a plan has been approved for a Residential Planned Development Project, Special Use District or upon recommendation by the Planning and Zoning Commission and approved by the Board of Mayor and Aldermen, only one principal building may be erected on any lot of record or any conforming lot. Temporary structures are permitted during the construction period only.

401.4

Use. No building, structure or land shall hereafter shall be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.

401.5

Approved Water Supply and Sewage Disposal for Building. It shall be unlawful to construct any building or occupy any mobile home or manufactured home without water supply and sewage disposal facilities approved by the County and/or City Health Official. Wherever water or sewer mains are accessible, buildings and mobile homes and manufactured homes shall be connected to such mains. In every other case, individual water supply and sewage disposal must meet the requirements set forth by the County and/or City Health Officer. The County and/or City Health Officer's certificate approving proposed and completed water and sewage facilities must accompany the application for zoning permits and certificates for occupancy.

401.6

[Nuisances.] No nuisance, as defined herein, shall be allowed as a permitted, conditional, or non-conforming use.

401.7

Junkyards. Junkyards are not designated as permitted uses in any zoning district and are consequently non-conforming uses in all zoning districts. They shall conform to the section of the Zoning Ordinance prescribing regulations for non-conforming uses (see Section 402). The Building Official shall ensure that all existing junkyards maintain valid permits to operate issued by the Mississippi Department of Transportation as required by the Mississippi revised statutes, and he shall ensure that all screening required by the Mississippi Department of Transportation is maintained. The Planning and Zoning Commission may recommend that the Building Official require that all existing junkyards, in addition to the permit to operate, shall maintain valid certificates for occupancy as non-conforming uses according to this Zoning Ordinance and not be a nuisance.

401.8

Residential Planned Development Projects. A Residential Planned Development Project of at least three (3) acres may be permitted in those zoning districts where it is designated as a conditional use under the Zoning District regulations. A Residential Planned Development Project may depart from literal conformance with individual lot dimension and area regulations. A Residential Planned Development Project may be under single or divided ownership. All Residential Planned Development Projects shall be subject to the following regulations:

Procedure. When a Residential Planned Development Project is proposed, the procedure for subdivision approval as set forth in the Subdivision Ordinance shall be followed in its entirety even though the ownership of land may not be divided. A conceptual plan, preliminary plat and final plat, subject to decision by the Board of Mayor and Aldermen based upon a recommendation by the Planning and Zoning Commission shall be required for every Residential Planned Development Project. The Board of Mayor and Aldermen may set a schedule of reasonable fees to be charged for plat review, upon recommendation of the Planning and Zoning Commission. The project shall be developed according to the approved final plat. Zoning Permits, Building Permits and Certificates of Occupancy shall be required for each building.

Uses. The use of premises in a Residential Planned Development Project shall conform to the permitted uses of its zoning district in which it is located when it is permitted as a conditional use.

Conditions. The Planning and Zoning Commission may recommend reasonable conditions to ensure that there shall be no departure from the intent of this Zoning Ordinance, subject to approval from the Board of Mayor and Aldermen. The Residential Planned Development Project shall conform to all such conditions. Since a Residential Planned Development Project is inherently more complex than individual lot development and since each such project must be tailored to the topography and neighboring uses, the standard for such projects cannot be inflexible. The Planning and Zoning Commission may attach conditions based on all the following standards, pending approval of the Board of Mayor and Aldermen:

It is desirable that access points to all arterial streets shall be located no more frequently than once every one-eighth (⅛) to one-quarter (¼) mile.

Wherever there is an abrupt change in use (i.e., residential to commercial), it is desirable that a buffer area of open space or protective planting be placed between the land uses which will protect each use from the undesirable effects of each other.

Parking and other public areas used at night shall contain adequate lighting. Private areas shall be protected from such lighting or any other lighting from public areas. Public streets may also require protection from excessive glare of lighted areas.

The Planning and Zoning Commission may recommend any other reasonable conditions as it deems necessary to the Board of Mayor and Aldermen.

401.9

[Motor homes, camper trailers and recreational vehicles.] Motor homes, camper trailers, and recreational vehicles shall not be used for occupancy outside of approved Manufactured Home Parks in any district, unless specifically permitted by other provisions of this Zoning Ordinance.

Sec. 402. - Regulations for continuing non-conforming existing uses and structures.

402.1

Purpose. If, within the zones established by the Zoning Ordinance (or amendments that may be adopted later), there exist lots, structures, and uses of land and structures which were lawful before this Zoning Ordinance and amendments hereto were passed or amended but which are prohibited under the terms of this Zoning Ordinance, such uses shall be termed non-conforming uses. Such uses are declared by this Zoning Ordinance to be incompatible with permitted uses in the zones involved.

However, it is the intent of this Zoning Ordinance to permit these non-conformities to continue in their present condition. It is further the intent of this Zoning Ordinance that non-conformities shall not be enlarged upon, expanded, extended, or used as grounds for adding other structures or uses prohibited elsewhere in the same zone.

A non-conforming use of a structure, a non-conforming use of land or a non-conforming use of a structure and land shall not be extended or enlarged after passage of this Zoning Ordinance by attachment of additional signs to a building, the placement of additional signs or display devices on the land outside the building or by the addition of other uses, if such additions are of a nature which would be prohibited generally in the zone involved.

To avoid undue hardship, nothing in this Zoning Ordinance shall be deemed to require a change in the plans, construction or designated use of a building on which actual construction was lawfully begun prior to the effective date of adoption of this Zoning Ordinance, or amendment thereto, and upon which actual building construction has been diligently carried on. "Actual construction" is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, demolition, elimination and removal of an existing structure in connection with such construction, provided that actual construction work will be diligently carried on until the completion of the building involved.

402.2

Explanation. When a lot, structure or use legally exists prior to the adoption of this Zoning Ordinance or amendments hereto, but does not meet the requirements of this Zoning Ordinance, it is permitted to continue within the limits set forth in this Section. Under such circumstances, it is said to have "non-conforming" status. There are three types of non-conforming status:

Non-conforming land. The lot, or acreage, is smaller than the minimum permitted in the zone in which it is located.

Non-conforming structure. This structure comes closer to the lot lines, is taller than, or otherwise violates the minimum area or maximum space requirements established for the zone in which it is located.

Non-conforming use. The use to which land and/or structures is being put is not a principal, accessory or conditional use permitted in the zone in which it is located, and is not otherwise permitted in this Zoning Ordinance. Uses in existence at the time of the adoption of this Zoning Ordinance which fall within the category of conditional uses in the zone in which they are located are automatically conditional uses and have the same status as if they had been issued a permit from the Board of Mayor and Aldermen for the use.

402.3

Non-Conforming Lots of Record. In any zone in which single-family dwellings have been continually permitted pursuant to prior Zoning Ordinances, notwithstanding limitation imposed by other provisions of this Zoning Ordinance, a single-family dwelling and customary accessory building may be erected on any single lot of record at the effective date of adoption of this Zoning Ordinance, or amendment hereto. Such lot must be in separate ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the zone, provided that yard dimensions and other requirements (not involving the area or width of the lot) shall conform to the regulations for the district in which the lot is located. Variance of area, or width requirements for other than the lot as a whole, may be obtained only through action of the Board of Mayor and Aldermen in the usual manner.

If two or more lots, combination of lots or portions of lots are continuous frontage in a single ownership and are of record at the time of passage of this Zoning Ordinance, or amendment hereto, and if all or part of the lots do not meet the requirements for lot width and area as established by this Zoning Ordinance, the lands involved shall be considered to be an undivided parcel for purposes of this Zoning Ordinance, and no portion of said parcel shall be used which does not meet the lot width and area requirements established by this Zoning Ordinance, nor shall any division of this parcel be made which leave remaining any lot with width or area below the requirements stated in this Zoning Ordinance.

402.4

Non-Conforming Use of Land. Where, at the effective date of adoption of this Zoning Ordinance, or amendments hereto, a lawful use of land exists that is made no longer permissible under the terms of this Zoning Ordinance, as enacted or amended, such use will be continued, so long as it remains otherwise lawful, subject to the following provisions:

No such non-conforming use shall be moved in whole, or in part, to any other portion of the lot or parcel occupied by such use at the effective date of adoption of this Zoning Ordinance or amendment hereto.

If such non-conforming use of land ceases or is discontinued or abandoned for any reason, for a period of more than twelve (12) months, any subsequent use of such land shall conform to the regulations specified by this Zoning Ordinance for the district in which the land is located.

Notwithstanding the foregoing, a variance may be granted to modify the application of subsections A and B above upon recommendation by the Planning and Zoning Commission to and approval of the Board of Mayor and Aldermen.

402.5

Non-Conforming Use of Structures. If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption of this Zoning Ordinance, or amendment hereto, which would not be allowed in the zone under the terms of this Zoning Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

Any existing structure devoted to a use not permitted in this Zoning Ordinance in the zone in which it is located shall not be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the zone in which it is located.

Any non-conforming use may be extended throughout any part of the building which was manifestly arranged or designed for such use at the time of adoption of the Zoning Ordinance, or Amendment hereto, but no such use shall be extended to occupy any land outside such building.

No non-conforming use may be changed to another non-conforming use.

Where any non-conforming land, structure or use, in part or whole, is made to conform to the regulations for the zone in which it is located, the part or whole which had been made to conform may not thereafter be changed in such manner as would be non-conforming.

A variance is required if the structure is old and in non-compliance, only if the addition to be made is added to the existing non-compliance area. Otherwise, if the structure is old and in non-compliance and the new addition is in compliance, no further action need be taken.

Notwithstanding the foregoing, a variance may be granted to modify the application of Subsections A, B, C, D, and E above upon recommendation by the Planning and Zoning Commission to and approval of the Board of Mayor and Aldermen.

402.6

Repairs. Repairs and modernizations are permitted on any building devoted in whole or in part to any non-conforming use, provided that the cubical content of the building, as it existed at the time that it became non-conforming, shall not be increased.

Nothing in this Zoning Ordinance shall be deemed to prevent the strengthening, or restoring to a safe condition of, any building or part thereof declared to be unsafe by any City official charged with protecting the public safety, upon order of such official.

402.7

Loss of Non-Conforming Status. Where a structure is non-conforming, or where the use of structure or of land has non-conforming status, such status shall be forfeited under any of the following circumstances:

If non-conforming land is generally joined under common ownership with other adjoining land so the entirety is conforming.

If a non-conforming use of land ceases for a period of twelve (12) months.

If a non-conforming structure is made to conform.

If a non-conforming use of a structure, or of a structure and land in combination, is discontinued, or abandoned, for six (6) consecutive months, or for eighteen (18) months during any three (3) year period. (NOTE: as used herein, the word "discontinued" means that the owner, or party responsible for the use of the property, cannot demonstrate that they had clear intent to continue using the property for the non-conforming purpose and that they had augmented that intent by making every reasonable effort to continue to have the property so used. A demonstration of intent would be reasonable continuous effort to have the property rented or sold for the non-conforming purpose.)

The non-conforming use is changed to a conforming use no matter how short the period of time.

Destruction, for the purpose of this subsection, is defined as damage to the extent of more than fifty (50) percent of the replacement cost at time of destruction.

Once forfeited, non-conformance may not again be used as a defense against prosecution for violation of the provisions of the Zoning Ordinance.

Sec. 403. - Regulations for off-street parking and loading areas.

403.1

Total Amount of Space Required. In all zones, regarding every use, sufficient off-street parking spaces shall be provided to accomplish the principles set forth in this Zoning Ordinance and to meet the parking demands generated by residents, employees, company officials, company vehicles and customers.

Where there is more than one use in a single structure on a site (e.g., doctor, attorney and retail grocery) or two or more separate instances of the same use (e.g., two doctors' offices), off-street requirements shall be the sum of the requirements for various uses. Off-Street parking required for one occupant of a structure shall not be considered as satisfying the required parking facilities for another occupant of the structure unless otherwise provided in this Zoning Ordinance. The minimum number of required spaces shall be determined by the following criteria.

403.2

Guide to Calculating Number of Parking Spaces Required. When a parking requirement is stated in terms of employees, it means the maximum number of employees who will be at the site at one time, either on a single shift or an overlap of shifts.

		Minimum Number of Parking Spaces Required
A.	Dwellings and Lodgings
	Single-family dwellings, two-family dwellings, parish houses; multiple-family dwellings and other places containing dwelling units; Manufactured Homes, Mobile Homes and Manufactured Home/Mobile Home Parks	Two (2) spaces per dwelling unit (on the lot and in immediate proximity to the unit).
	Hotels, motels, Bed & breakfasts, rooming houses, dormitories, and other structures containing sleeping rooms, other than or in addition to, dwelling units	One (1) space per guest room, bedroom, or sleeping room, but no fewer than two (2) spaces.
B.	Public and Semi-Public
	Mortuaries and Funeral Homes	Minimum twenty (20) spaces or one (1) space for each fifty (50) square feet of gross floor area up to a maximum of seventy (70) spaces.
	Churches	One (1) space for every four (4) seats in the principal place of assembly, plus one (1) space for any vehicle customarily used in the operation of the use or stored on the premises, plus the standard parking requirements for an accessory use such as a school or child care center.
	Public buildings, museums, public libraries, post office, art galleries	Five (5) spaces for every one thousand (1,000) square feet of floor area, and one (1) space for each employee, plus one (1) space for any vehicle customarily used in the operation of the use or stored on the premises.
	Vocational and music schools, dance studios, and other private schools and colleges for non-academic instruction	One (1) space for each instructor plus one-half (½) space for each student, based upon the maximum number of students attending class at one time.
	Hospitals, nursing and rest homes, sanitariums, and like uses	One (1) parking space for each resident and staff doctor, employee, intern and nurse plus one (1) space for each five (5) beds plus one (1) space for each institutional vehicle plus one (1) visitor space for every 1,000 square feet of floor area.
	Child care, nurseries and kindergarten	Two (2) spaces, plus one (1) space per employee, plus a paved, unobstructed, off-street pick-up area with five (5) stacking spaces in addition to the standard driveway and parking requirements.
	Schools offering academic instruction	One (1) space for every classroom and office, plus one (1) space for every three (3) students over 16 years of age, plus one (1) space per bus or other vehicle customarily used in the operation of the use or stored upon the premises.
	Auditoriums, theatres, meeting rooms, fraternal and exhibit halls, and other places of public assembly	One (1) space for every four (4) seats or one (1) space for every fifty (50) square feet of gross floor area used for assembly, exhibition, dancing or dining when there is no fixed seating.
C.	Offices
	Office buildings, Professional and medical office buildings, and financial Institutions	One (1) space for every two hundred (200) square feet of floor area. Where the use involves drive-up banks, five (5) stacking spaces shall be provided for each drive-up window, automatic teller unit or delivery station.
D.	Entertainment & Services
	Pool halls, billiard parlors	Three (3) spaces for each table.
	Bowling alleys	Six (6) spaces for each alley.
	Restaurants without drive-through or carry out facilities, lounge, bar, tavern or saloon	One (1) space for every one hundred (100) square feet of gross floor area.
	Beauty and barber shops and personal services	One (1) space for every two hundred (200) square feet of gross floor area.
	Laundry and dry cleaning pick-up stations	One-half (½) space for each employee plus two (2) spaces.
	Self-service dry cleaning and laundry establishment	One-half (½) space per four (4) washing machines and/or dry cleaning machine.
	Veterinarian Offices, dog hospitals, clinics and kennels	One (1) parking space for each doctor and employee plus two (2) spaces for visitors.
	Construction services	One (1) space for every two hundred and fifty (250) square feet of gross floor area, plus two (2) spaces for every three (3) employees on the maximum shift, plus one (1) space for every vehicle customarily used in operation of the use stored on the property.
	Automotive service and/or sales	One (1) space per three thousand (3,000) square feet of outdoor sales lot area devoted to sales, display, and/or rental of said vehicles or one space for every two hundred and fifty (250) square feet of indoor floor area, whichever is larger; plus three (3) spaces for every bay in garage repair areas, as well as one (1) space for every two (2) employees on the maximum shift.
	Restaurants with drive-through and carry out facility	One (1) space for every one hundred (100) square feet of gross floor area, plus five (5) stacking spaces for each drive-in window or delivery station.
E.	Commercial
	Grocery Store, Supermarket	One (1) space for every one hundred and fifty (150) square feet of gross floor area.
	Nurseries, greenhouses, building materials stores, lumber yards	One (1) space for each employee not living on the premises plus five (5) spaces of customer parking. Five (5) spaces for every one thousand (1,000) square feet of gross floor area, plus one space for every vehicle customarily used in the operation of the use or stored onsite.
	Shopping Center
	25,000 to 400,000 square feet	Four (4) spaces per one thousand (1,000) square feet of gross floor area.
	400,000 to 600,000 square feet	Four and one-half (4 ½) spaces per one thousand (1,000) square feet of gross floor area.
	More than 600,000 square feet	Five (5) spaces per one thousand (1,000) square feet of gross floor area.
	Retail and wholesale stores	One-half (½) space for each employee plus one (1) space for each company vehicle plus (1) space for each two hundred (200) square feet of sales area.
	Retail and wholesale stores of bulky items (e.g., furniture and major appliances)	One-half (½) space for each employee plus one (1) space for each company vehicle plus one (1) space for each one thousand (1,000) square feet of gross floor area.
	Wholesale, retail and commercial storage	One-half (½) space for each employee plus one (1) space for each company vehicle, plus two (2) spaces, but a total of no less than four (4) spaces.
	Grocery and Convenience stores under 5,000 square feet	One (1) space for every five hundred (500) square feet of gross floor area. Where the use involves a drive-up window, five (5) stacking spaces shall be provided for each window or delivery station. Where the use involves gasoline pumps, see below Automobile Service Station.
	Automobile Service Station	One (1) space for every fuel dispensing pump, plus three (3) stacking spaces per fuel dispensing pump plus three (3) spaces for every service bay or similar facility, plus one (1) space used directly in the conduct of business, plus one (1) space for every two (2) employees on the maximum shift.
	Self-Service Car Wash	Five (5) stacking spaces for each car washing stall, plus two (2) drying spaces for each stall.
F.	Industry
	All Industries (except listed below)	One (1) space for each employee on the maximum employee shift plus one (1) space for each company vehicle. An additional parking lot, or reserved space, shall be provided for visitor parking equal to five (5%) percent of the employee parking spaces, but not less than three (3) spaces.
	Convenience storage facility, mini-warehouse	One (1) space for every fifty (50) storage units.
	Trucking terminal, storage yards, building contractors, lumber yards, etc.	One (1) parking space for each employee plus one (1) parking space for each company vehicle, truck, tractor or trailer stored at the site when not in use.

;adv=9qq;403.3

Calculating Parking for Uses Not Otherwise Specified. In the case of any building, structure or premises, the use of which is not specifically mentioned herein, the number of parking spaces required for such use shall be the same as for a similar use which is mentioned herein.

403.4

How to Figure Fractional Spaces. When units or measurements determining the number of required off-street parking and off-street loading spaces result in a requirement of a fractional space, any fraction up to one-half (½) shall be disregarded; and any fraction of one-half (½) or more shall require one (1) off-street parking or one (1) off-street loading space.

403.5

Determining Parking Requirements When Use Changes. Additional off-street parking spaces shall be provided whenever in any structure there is a change in use, an increase in floor area, or in the number of employees, or other unit of measurement specified in this Zoning Ordinance if such change creates a need for an increase in more than ten (10%) percent in the off-street parking requirements. The additional space required for the new use or changes in units of measurement shall be determined by the standards in this section. In case of change in use or unit of measurement creates a need for an increase of less than three (3) off-street parking spaces, no additional off-street facilities shall be required.

403.6

Exception. When a portion of the required off-street parking is provided for by municipal parking lots, or by joint private facilities, such portion may be credited against the total space required.

403.7

Commercial Parking Areas. All standards, specifications and requirements that pertain to private parking areas shall pertain to commercial parking areas.

403.8

Parking Commercial Vehicles in Residential Zones. Of the vehicles allowed as accessory to a dwelling, one (1) may be a commercial motor-driven vehicle and one may be a utility trailer subject to the following limits:

The Gross Vehicle Weight Rating (GVWR) of the accessory commercial motor-driven vehicle shall not exceed ten thousand (10,000) pounds;

The accessory utility trailer shall be used solely for the storage and transport of equipment, materials, merchandise or tools and shall have not more than two (2) axles and not exceed twenty-five (25) feet in overall length;

Where any commercial vehicle is allowed as accessory to a dwelling, there shall be provided off-street parking sufficient to accommodate same and such space shall be in addition to the parking spaces required by Section 403.2.A. Parking required for a utility trailer shall conform to the requirements of Section 403.10 below; and

Nothing in this Section shall be construed so as to authorize or otherwise encourage the storage of fuel to support any accessory commercial vehicle or equipment parked or stored in a residential area.

403.9

Joint Use of Parking Space and Interior Block Parking. Nothing in this Ordinance shall be construed to prevent the collective provisions of off-street parking facilities for two (2) or more buildings or uses. Where joint facilities are provided, the minimum requirements will be seventy-five (75) percent of the sum of the requirements for the various uses computed separately when the individual requirements total fifty (50) or more spaces.

403.10

Location of Parking Space.

Off-street parking facilities shall be located on the same lot as the principal structure or on an adjacent lot, except as provided in this Section.

Utility trailers, boats, and recreational vehicles shall be parked or stored entirely behind a line formed by the sideward extension of the forward-most portion of any street-facing façade of the main dwelling.

A garage or carport may be located wholly or partly inside the walls of the principal structure or attached to the outer walls. If separated from the principal building, the garage shall conform to all accessory building requirements. The garage may be constructed under a building, yard or a court.

Jointly used parking areas in businesses and manufacturing zones may be located on lots adjacent to the principal use or within four hundred (400) feet thereof. If located in a residential area, the following provisions shall be made to protect existing or proposed residences:

The parking area shall be screened from the street and pedestrian traffic by means of an edge fence, planted strip or other similar means of enhancement, to a height of four (4) feet.

No portion of the area used for parking shall be within twenty (20) feet of a residential structure.

No portion of the area used for parking shall be closer than five (5) feet to a sidewalk.

Jointly used parking areas in businesses and manufacturing zones may be located on lots adjacent to the principal use or within four hundred (400) feet thereof.

The property occupied by the accessory parking lot is in the same possession, by deed, as the property upon which the principal use is located.

The property owner shall record covenants upon both properties, acceptable to the City Attorney, binding the owner, future owners, heirs, and assigns to maintain the required number of parking spaces for the duration of the existence of the structure to which they are appurtenant.

403.11

Off-Street Loading and Unloading. Every building or structure used for business, trade or industry and normally requiring truck loading or unloading with respect to the use shall provide space as herein indicated for the loading and unloading of vehicles off the street or public alley. Such space shall have access to a public alley, or if there is no alley, to a street. Off-street loading and unloading space shall be in addition to and not considered as meeting a part of the requirements for off-street parking space. Off-street loading and unloading space shall not be used or designed, intended or constructed to be used in a manner to obstruct or interfere with the free use of any street or adjoining property. Off-street loading and unloading space which is utilized for the location of trash collection or compaction shall be provided for separately and subject to the following off-street loading and unloading requirements. The minimum off-street loading and unloading space required for specific uses shall be as follows:

Retail businesses and service establishments shall provide one (1) off-street loading and unloading space at least twelve (12) feet wide and thirty-five (35) feet long with a fourteen (14) foot height clearance.

Industrial plants shall provide one (1) off-street loading and unloading space for each twenty thousand (20,000) square feet of gross floor area. Each loading space shall be a minimum of twelve (12) feet wide and fifty (50) feet long with a fourteen (14) foot height clearance.

All off-street loading shall be improved with an all-weather surface which is suitably designed for the intended purpose.

403.12

Parking Improvement Standards. Surfacing, lighting, landscaping, maintenance and underground improvements shall be developed according to the standards set forth:

All parking spaces and areas, and access ways to and from such spaces and areas, shall be constructed with permanent, hard surface materials, and so drained as to avoid the flow of water across sidewalks.

The minimum width shall be ten (10) feet for access ways serving residences.

The minimum width shall be twelve (12) feet for all other access ways.

Minimum Parking Dimensions. Open parking areas for all non-residential uses and for all multiple-family dwellings containing three (3) or more dwelling units shall be delineated by pavement striping and shall meet the minimum dimensions described below:

Parking Angle	Stall depth	Stall width	Aisle width
90	20'0"	9'0"	25'0"
60	20'0"	9'0"	18'6"
45	20'6"	9'0"	13'6"
30	20'0"	9'0"	13'0"
Parallel	8'0"	23'0" curb length	12'0" one-way 25'0" two-way

Drainage. All off-street parking areas shall be designed and constructed so as to prevent drainage to abutting properties. The manner of site drainage proposed shall be subject to review and approval of the City Engineer.

Exterior Lighting. The following standards are required for all exterior lighting for all non-residential uses and all multiple-family dwellings containing three (3) or more dwelling units:

Private streets, driveways, parking lots, walks and service areas shall be kept properly and adequately lighted at all times so that the area will be safe for occupants and visitors. All entrances and exits to the subject property and proposed structures shall be lighted.

Lighting fixtures, whether mounted upon a building, or independently upon a pole, light standard, or other structure, shall not exceed sixteen (16) feet in height.

The lighting from any luminary shall be so shaded, shielded, or directed to prevent direct light from being cast upon an adjacent residential property, and to prevent glare or other objectionable problems to surrounding areas.

Neither the direct or reflected light from any luminary shall fall upon an adjacent public street.

No exterior lighting fixtures shall have any blinking, flashing, or fluttering light or other illuminating device, which has a changing light intensity or brightness or color.

Lighting fixtures shall be compatible with the architecture of their associated buildings.

Curbing and Wheel Stops. All parking areas and loading areas shall be provided with a permanent curb. In addition, all landscaped areas that can be encroached upon by a motor vehicle shall be protected by a wheel stop, appropriately anchored to the pavement, and set a minimum of two (2) feet from the curb to restrict such encroachment.

Street Signs and Traffic Control Devices. When, as a result of the proposed project, street signs, traffic signals, or traffic regulatory signs are required, the applicant shall be responsible for the installation of such devices, which must be approved by the City Engineer.

Fire Lanes. Every non-residential use shall provide access for fire vehicles and emergency apparatus from a public street, as required by the Fire Chief of the City of Waveland.

Rear Access to Buildings. Vehicular access shall be provided along the entire rear of all non-residential buildings for emergency access purposes.

403.13

Regulations for Off-street Parking and Loading Areas for the Coleman Limited (CO-1) and Coleman Open (CO-2) Zoning Districts. In the Coleman Limited (CO-1) and Coleman Open (CO-2) Zoning Districts, Section 403 regulations shall apply, except that where the following additional or substitute requirements apply, they shall prevail.

Office parking shall be provided on the basis on one (1) parking space per four hundred (400) square feet of gross floor area.

Retail store parking shall be provided on the basis of one (1) parking space per three hundred (300) square feet of gross floor area.

On-Street parking available along the frontage lines that correspond to each lot shall be counted toward the parking requirements of the building on that lot.

Where alleys or rear lanes are available, parking shall be accessed by same.

Open parking areas shall be located no closer to the lot frontage line than one-third (⅓) the lot depth, except that driveway aprons and drop offs may be located at or near the frontage line and driveways may extend rearward from the frontage line.

Except for ingress and egress, parking lots shall be screened from view from public streets.

Where the space in the first level of a building is used as parking, it shall be screened from view from public streets.

403.14

Landscaping and Screening. Parking areas for ten (10) cars or more shall include landscaping and screening as follows. All parking and loading areas shall be properly screened and landscaped as hereinafter set forth. It is the purpose and intent of this Section to require adequate protection for contiguous property against the undesirable effects resulting from the creation and operation of parking or loading areas and to protect and preserve the appearance and character of the surrounding areas through the screening effects of landscaping.

All landscaping shall be installed in conformance with ANSI Z60.1, the "American Standard for Nursery Stock," and the accepted standard of the American Association of Nurserymen.

Perimeter landscaping. One large, shade tree for every thirty-five (35) linear feet of street frontage or portion thereof shall be planted upon the subject right-of-way line. Said trees may be clustered or arranged within the setback, and need not be placed at a uniform thirty-five (35) foot interval. To provide a more immediate effect and to offset the larger scale of structures, street trees shall be three to three and one-half (3 to 3 ½) inch caliper in size as measured three (3) feet above the ground.

Interior Landscaping.

There shall be a minimum of twenty (20) square feet of interior landscaped area provided within the parking area for each parking space. The landscaping shall be in one or more areas so as to minimize and reduce the apparent size of the parking area.

Parking areas shall be organized as a series of small parking bays with landscape islands separating them. A landscape island shall be placed for every ninety (90) linear feet of parking, as follows:

Single Loaded Parking Rows. A raised island, not less than six (6) inches in height, five (5) feet wide by twenty (20) feet in length shall be located at both ends of every single loaded parking row, and at a point every 90 (ninety) linear feet along the parking row (every ten (10) parking spaces). Each island shall contain a minimum of one (1) medium shade tree, two to two and one-half (2 to 2 ½) inches in caliper, as measured three (3) feet above the ground.

Double Loaded Parking Rows. A raised island, not less than six (6) inches in height, five (5) feet wide by forty (40) feet in length shall be located at both ends of every double loaded parking row, and at a point every ninety (90) linear feet along the parking row (every ten (10) parking spaces). The island shall contain a minimum of two (2) medium shade trees, two to two and one-half (2 to 2 ½) inches in caliper, as measured three (3) feet above the ground.

All islands shall be protected by a six (6) inch concrete curb.

Trees planted for the purpose of complying with the perimeter landscaping requirements shall not be double counted for compliance with the interior landscaping requirements.

Ground Cover. Areas adjacent to streets and pedestrian walkways, as well as interior landscape areas, shall be treated with grass and/or other types of vegetative ground cover. Such areas shall be sod or established lawn prior to building occupancy.

Maintenance of Existing Trees.

Whenever possible, healthy existing trees should be retained, as they are an amenity that increases the value of property and requires many years to replace. The parking site and landscape plan must identify all existing trees eight (8) inches in caliper, as measured three (3) feet above the ground, or larger, as well as which trees shall be retained and which trees shall be removed. The applicant must submit a justification for the removal of any such trees.

Existing Tree Credit. Every existing tree a minimum of eight (8) inches in caliper or larger, which is maintained as a part of the proposed development, may be used as a credit on a 1:1 basis against the tree requirements of either the perimeter or interior landscape standards, dependent upon the location of the existing tree(s) to be maintained upon the subject property. The maintenance of existing tree(s) shall only be considered as a credit against the perimeter street tree requirements if the existing trees to be maintained lie within the subject site, but also within a reasonable proximity to the street right-of-way.

Undeveloped Areas. Areas of natural vegetation shall be preserved along property lines, including fence rows and drainageways, and shall be incorporated into the site's overall landscape concept. The parking site plan shall identify "no-grade" zones for this purpose.

Tree Standards. Potentially "large" trees shall be three to three and one-half (3 to 3 ½) inches in caliper, as measured three (3) feet above the ground, at planting. Potentially "medium" and "small" trees shall be two to two and one-half (2 to 2 ½) inches in caliper at planting, as measured three (3) feet above the ground at planting.

Maintenance. The trees, shrubs and other landscaping materials depicted upon the parking site and landscape plan shall be considered as binding elements of the project in the same manner as parking, building, materials, and other details. The applicant, his successors, assigns, and/or subsequent owners and their agents shall be responsible for the continued maintenance of all landscaping materials. All landscaping shall be permanently maintained in good condition with at least the same quality and quantity of landscaping as originally approved. Plant materials which exhibit evidence of insects, disease and/or damage shall be appropriately treated. Dead plants shall be removed and replaced within thirty (30) days following notification by the City.

403.15

Maintenance of Parking and Loading Facilities. Any persons operating or owning a commercial parking area of ten (10) or more spaces or a parking area for a multiple-family dwelling of twelve (12) or more spaces shall keep it free of dust, loose particles, trash, debris, and broken glass. Such person shall also keep all adjacent sidewalks free from dirt and debris and keep the sidewalks in safe condition for use by pedestrians. All signs, markers or other methods used to indicate the direction of traffic movement and the location of parking spaces shall be maintained in a neat and legible condition. Likewise, any walls and landscaping, as well as the surfacing and curbing of the parking area, shall be maintained in good condition throughout its use for parking purpose. The Building Official or Zoning Official shall have the authority to prohibit the use of an area for parking purposes, unless and until proper maintenance, repair, or rehabilitation has been completed.

403.16

Site Plan Review Committee Approval Required.

Plans for any parking area hereafter designed to be constructed or altered for the purpose of providing off-street parking for ten (10) of more automobiles and/or plans for decreasing parking spaces for a parking area providing ten (10) or more automobiles must be submitted to the Site Plan Review Committee for its review and approval consistent with existing Ordinances.

The proposed parking plan shall include the following information:

Delineation of individual parking and loading spaces by intended striping, parking space dimensions, and identification of parking spaces by number.

Circulation area necessary to serve the parking area, delineation of anticipated obstacles to parking and circulation within the finished parking area.

Access to streets and property to be served.

Driveway and traffic aisle widths, location of all curbs and curbing materials.

Grading, drainage, surfacing, and sub-grade details.

Dimensions, continuity, and substance or required landscaping and screening.

Exterior lighting locations, height, and type of fixture.

Critical dimensions indicating setback and parking lot layout design.

All sidewalks and pedestrian ways.

10.

Where applicable, any and all existing parking facilities currently serving the applicable buildings, structures or uses.

Sec. 404. - Regulations for auto-oriented commercial establishments.

404.1

Entrances and Exits. For filling stations, commercial parking areas, automobile repair shops, drive-in restaurants and similar establishments catering to shoppers conducting business transactions primarily while in or near their automobile:

Be a minimum of two hundred (200) feet, as measured along each side of the street on which they abut, from any school, public playground, church, hospital, public library or institution for dependents or children.

Shall be minimum of fifty (50) feet from any residential zone located on either side of the street on which the entrance or exit abuts.

Shall be a minimum of twenty-five (25) feet from any corner as measured from the point where the right-of-way lines of the intersecting streets meet or from the midpoint of the curve where a corner exists but is not an intersection ("L" curve in a street).

Drive-through establishments shall provide five (5) cars stacking in the drive-through lane, counting from the pick-up window.

404.2

There shall be a six (6) foot high solid fence or a ten (10) foot wide planting strip predominantly containing plants, trees and shrubs so planted and maintained as to provide a screen along all lot lines adjoining residential uses.

Sec. 405. - Regulations for signs.

405.1

Purpose. This section is intended to provide a comprehensive system of signs and advertising displays consistent with traffic safety and with due regard to business opportunities, the environment of residential neighborhoods, community appearance and property values in all districts.

405.2

[Definitions.] See Definitions in Section 302.

405.3

Applicability.

A sign may be erected, placed, established, painted, created or maintained only in conformance with the standards, procedures, exemptions, and other requirements of this ordinance and all other applicable laws, ordinances, and regulations. Temporary and permanent signs requiring a permit shall comply with the permitting procedures established herein and shall be erected or installed only after issuance of such a permit and in accordance with such permit.

Existing permanent signs legally erected prior to the effective date of this ordinance may remain in place and in use, subject to restrictions on modification, replacement and other actions. Certain temporary signs, including banners and portable signs, shall be subject to removal in accordance with this section.

Any business sign or billboard legally existing prior to the effective date of this ordinance of which this section is a part and which does not conform to the provisions of this section shall not be altered or changed in overall dimension, except to conform to the provisions of this section. If damaged to an extent in excess of one-half of its current replacement value, it shall not be rebuilt, provided that nothing contained in this section shall be construed to prevent normal maintenance and repairs, repainting or posting of such signs or structures.

Holders of permits for signs issued legally prior to the effective date of this ordinance may erect the permitted signs within the times allowed by such permits. Such permits may not be extended or amended unless the permitted sign will conform to all of the requirements of this section.

405.4

Exempt Signs.

Government and public utility signs when concerned with the safety, traffic regulations, giving directions, or legal notice requirements.

Flags of any unit of government.

Decorations, including light displays, in connection with generally recognized holidays, provided such decorations do not permit undue light within a residential district.

Historical markers as recognized by Local, State, or Federal Authorities.

Traffic control signs on private commercial or industrial property, such as stop, yield or similar signs, the faces of which meet the Mississippi Department of Transportation standards and which contain no commercial message or art.

405.5

Prohibited Signs.

Signs which by color, location, shape, or design resemble or conflict with traffic signals, or obstruct free and clear vision of traffic as defined in applicable accepted traffic safety standards.

Signs displaying matter that is deemed vulgar, pornographic, or otherwise illegal.

Any sign attached to a utility pole, to a road sign, to any public utilities structure or equipment, or placed on a public right-of-way.

Portable signs, except permitted temporary signs under this Section.

Flashing signs, except that a small portion of the total illumination may be intermittent for purposes of emphasis or giving the illusion of movement.

Temporary signs located off-premise or on a public highway, street or right-of-way, except as specifically permitted under this Section.

Signs attached to, suspended from or painted on any vehicles which are regularly parked on any street or private property to display, demonstrate, advertise or attract the attention of the public.

Signs used as a fence or any fence used as a sign.

Windblown signs consisting of fluttering, spinning, windblown or inflatable device, including pennants, streamers, and propeller discs.

Signs that are attached to or painted on a roof structure, panels, or walls constructed to screen rooftop mechanical equipment or a rooftop penthouse.

Abandoned signs.

The Building Official shall determine that the following signs have been abandoned:

Any sign that is located on property which becomes vacant and is unoccupied for a period of six consecutive months or more. The Building Official shall serve notice of the abandonment at the end of the six months of such vacation.

Any sign relating to or identifying an activity or establishment that is not conducted or sited on the premises for a period of six (6) consecutive months or more. The Building Official shall serve notice of the abandonment at end of the six (6) months period of inactivity.

Any sign which pertains to a time specific event, the time of which has passed, shall be deemed to have been abandoned and subject to removal in the manner herein described. The Building Official shall serve notice of the abandonment upon observation of the inapplicable sign copy.

Any sign that fails to meet the code and maintenance requirements described herein shall be deemed to be abandoned and subject to removal if the deficiencies are not corrected. The Building Official shall serve notice of the abandonment upon determining said deficiencies.

A determination of abandonment shall include the sign's structure if the structure cannot be lawfully used or does not comply with the height, area or other physical requirements of this section.

Removal and Remediation.

General: A sign shall be removed or its noted deficiencies remedied within thirty (30) days of written notice of abandonment to the property owner and/or tenant from the Building Official. The Building Official shall have the discretion to grant an additional thirty (30) days for the required removal or improvements to be made, provided that substantial progress is being made toward removal or correcting the deficiencies and a written request for such an extension is received at least five (5) working days before the end of the initial thirty (30) day period.

Should the responsible parties to whom the abandonment notice has been made fail to timely respond to said notice, the City may remove the sign and all costs thereof shall be charged to the owner, agent, or person having the beneficial interest in the building or premises upon which the sign is located or in the sign itself.

Hazardous signs. Not withstanding the above notice and remedial provisions, should the Building Official find that a sign's condition constitutes an imminent public hazard, the Building Official shall require the immediate removal of the sign. Should the responsible parties fail to comply, the City may remove the sign and all costs thereof shall be charged to the owner, agent, or person having the beneficial interest in the building or premises upon which the sign is located or in the sign itself.

A sign which meets the height, area, or other physical requirements of this ordinance shall not be removed from its cabinet unless a new sign will replace that sign in the structure. An abandoned sign not replaced shall be left in its cabinet structure and shall be painted or otherwise masked using a solid uniform color covering the sign.

405.6

Signs Not Requiring a Permit. Pursuant to the specific requirements and limits for the zoning district in which a sign is to be sited, the following types of signs may be allowed without a permit:

Nameplates not exceeding two (2) square feet in area and bearing only the name of the occupants on premises, address, or year of construction. A nameplate may be externally illuminated to an extent just sufficient to make out the information items shown if passing slowly along on the public way nearest the sign.

Signs that are a permanent architectural feature of the structure.

Directional signs without commercial messages that guide persons on premises are allowed in all zoning districts, however the allowable sign areas and destinations vary by zoning district.

Vehicular Entrance and Exit signs are allowed in all zoning districts, provided they do not exceed four (4) square feet in area.

Temporary signs, including portable signs, announcing non-commercial [events] open to the public, such as carnivals and festivals, do not require a permit. Such signs are exempt from the requirements of being on the same property as the activity advertised, provided such signs are:

Limited to one sign per parcel frontage;

Placed only on property with the permission of the owner;

Erected not more than thirty (30) days prior to the event advertised;

Removed no later than three (3) days following the end of the event advertised.

Yard Sale Signs.

One on-premise sign advertising a yard or garage sale is allowed per parcel, provided such signs are:

(a).

Not greater than three (3) feet in area;

(b).

Erected not more than seven (7) days prior to the event;

(c).

Removed within two (2) days after the event.

Lead-in (directional) off-premise yard sale signs are permitted from Friday noon to Monday noon.

Real Estate Signs. One sign to advertise the offering of a property for sale, rental or lease on each public way on which the property has frontage. The allowable size of the real estate sign varies according to the zoning district in which it is sited.

Construction Signs. One construction sign indicating the parties involved in the project such as contractors, financial interests, engineers, and the potential occupant(s). The allowable sign area of a construction sign varies according to the zoning district in which it is sited. A construction sign may be displayed as long as the construction is actively underway. If no significant construction activity is evident at a signed construction site for a period of sixty (60) days or more, the Building Official will notify the owner to remove the sign within sixty (60) days, and after that time the Building Official may remove the sign and assess the owner of the property for the removal expenses incurred by the City.

Political Signs. Non-illuminated political signs not to exceed a total of thirty-two (32) square feet of total sign area per one hundred (100) feet of street frontage are allowed in all zoning districts. Such signs shall not be erected more than sixty (60) days prior to the election or referendum concerned and shall be removed within ten (10) days following such election or referendum. Political signs may be placed only on private property and only with the permission of the property owner.

Window signs up to two (2) square feet and not internally illuminated are allowed in all zoning districts.

Menu Board Signs. Where a drive-through food service establishment is a permitted use or approved as a conditional use, the establishment may display one back-to-back menu sign not exceeding thirty-two (32) square feet in area, provided that the sign is not readily visible from the public way.

Gas Price Signs. Where retail fuel sales are permitted, or approved as a conditional use, a fuel retailer may display one back-to-back Fuel Price Sign not exceeding thirty-two (32) square feet in area.

405.7

Sign Permit Required.

Except as provided in this section, no sign may be erected or displayed within view of a public street or way unless the Building Official has issued a permit pursuant to this section.

On-Premises Signs Permitting. Applications to the Building Official for a sign permit shall put forth in writing and illustrations all of the following information:

The name, address and phone number of the applicant, the name of the property owner, and the property location.

For all signs subject to permit, the overall height (or position on a building), shape, dimensions, area, materials, method of support or attachment, lighting, location of the property, and planned date of erection.

A drawing to scale of the sign, clearly showing internally lighted or moving, or both, components. When the sign is an attached type, the building façade will be shown in the drawing or in an accompanying photograph.

The location, dimensions, and height (or position on a building) of existing signs displayed by the same interest of activity.

A site plan drawn to scale, showing the location of the proposed sign, and all other signs displayed by the same interest or activity.

Whether the sign is within the area and height limits for the applicable category of activity as required.

Off-Premises Advertising Sign Application. In addition to the information noted in Subsection B, applications for off-premise advertising signs shall contain the following information:

The name of the person, firm, corporation, or business that will be erecting the sign.

A statement that evidence of the required liability insurance is on file with the Building Official.

Proof of approval from the Mississippi Department of Transportation to erect the sign.

Proof that the applicant is legal owner of the property where the sign is to be erected, or a copy of a valid lease from the legal owner of the property permitting the applicant to erect and maintain the sign.

The fee for a permit application will be proportional to the value of the sign, using the same schedule as applies to building permits for commercial construction at the time of the application.

Applications for a permit to erect a sign made by an individual or corporation, who has previously erected a sign deemed to be in noncompliance with the provisions of this ordinance, shall not be considered until the deficiencies cited with the previous sign are remedied.

Actions of the Building Official in response to an application to permit a sign:

The Building Official will determine if the information submitted pursuant to Section 405.7B and 405.7C is complete, and if the proposed sign complies with all requirements and standards of this ordinance. If the sign does not conform to said requirements and standards, the Building Official will advise the applicant as to how to bring the proposed sign into conformity therewith.

The Building Official will, after studying the application, act to approve, approve with modifications, or disapprove. If the action is disapproval, the applicant will be advised of the reasons and procedures for application for hearing by the Board of Mayor and Aldermen.

405.8

General Sign Requirements and Standards.

No portion of any sign shall be located within the public right-of-way (ROW). This includes all above ground and below ground supports, frames, and embellishments or any portion of a sign attached to, affixed to, or painted on a utility pole, light standard, utility box or any pedestal, tree, rock or natural object located within the public right-of-way.

No sign shall be located in a manner which creates a traffic hazard.

No sign shall be located in such a manner to impair ingress and egress through windows, doors or other means of entering or exiting from a structure or building.

All signs shall be installed and maintained in compliance with the applicable provisions of the building code and the electrical code of the City of Waveland and the requirements of the Mississippi Department of Transportation.

All signs and their immediate environs shall be maintained in good condition and appearance. Signs shall remain clean, understandable to viewers, and clear of all markings or postings not part of the permitted sign.

Illuminated Signs.

Illuminated Signs shall not have blinking, flashing or other illuminating devices which change light intensity, brightness or color. Beacon lights are not permitted. Automatic changing signs displaying time, temperature, date or electronically controlled message centers are permitted subject to the requirements herein.

The light for or from any illuminated sign shall be so shaded, shielded or directed that the light intensity will not be objectionable to surrounding areas.

No colored lights shall be used on any sign at any location in any manner so as to be confused with or construed as traffic control devices.

Neither direct nor reflected light from a primary light source shall create a traffic hazard to operators of motor vehicles on public thoroughfares.

Electronic reader boards shall constitute no more than thirty (30) percent of a sign surface area and shall present messages in fonts other that dot matrix patterns and shall be integrated into the overall sign design. Messages shall not change in less than sixty (60) second intervals.

General Sign Measurement Rules.

As a general rule, the area of a sign shall be determined as the area of the smallest rectangle or sum of contiguous rectangles which completely encompass the sign message, including letters, words and graphic elements. This method of measurement shall also apply to word and graphics elements painted onto windows, awnings and canopies.

The height of a freestanding sign shall be measured from the highway or street grade to which the sign is oriented or to the average grade of the site on which the sign is located to the top of the sign or any appurtenance extending above same. Any change in the site's grade specifically to increase the sign's height shall be included in measuring the sign's height.

The area of internally illuminated signs and signs consisting of a permanent structure with panels designed to be removed and/or replaced for periodic maintenance or change of tenant(s) shall be computed as the smallest rectangle that will encompass the extreme limits of the illuminated or changeable panels and framing structure less than three (3) inches wide, regardless of sign space or whether or not open space exists. Any cutouts or extensions shall be included in considering the total area in the case of separate signs sharing a common structure; however, the open spaces between the panels shall not count as sign area.

Only the area of one face of signage with two faces shall be considered in determining the area of a two-faced sign, provided the two faces are joined at an angle of not more than ninety (90) degrees. Fifty (50) percent of the area each face with three (3) or more faces shall be considered in determining the area of a sign with three (3) or more faces.

The face and frame of a sign that includes the name of individual occupants and provides an area for changeable or electronic copy shall count toward the total area of the sign for signs of multi-occupant, changeable copy or electronic signs.

The signable area of the wall sign of a building is that area which is free of architectural details on the façade of the building or part of the building in which the activity associated with the sign is located.

In certain zoning districts, the allowable wall sign area is determined as a percentage of the total signable area based on the use of the structure to which it is applied or attached.

A sign consisting of irregular, non-rectangular shapes shall be allowed to exceed its area requirements by thirty (30) percent where thirty (30) percent or more of the sign's area consists of open space and/or cutouts.

The single largest face of back-to-back and "V" signs will be used to determine permitted sign area for off-premise signs, provided the two sign faces intersect at an angle of ninety (90) degrees or less.

405.9

Specific Requirements for Temporary Signs.

The display of temporary signs, other than banners, which announce commercial events or activities are to be permitted pursuant to the following requirements:

Each sign and each display period therefor requires a permit.

No person, firm, entity, business, or corporation shall be entitled to more than two (2) temporary sign permits per calendar year.

A temporary sign must be on the premises of the activity or event noted on the sign.

A temporary sign may be displayed for up to thirty (30) days following the start date stated in the permit or until the event or activity noted on the sign ceases, whichever shall occur first.

A temporary sign may be portable, provided it is solely displayed on the premises for which the permit was issued.

Light or audio displays may be permitted as temporary signs if the Building Official determines that the instance will not allow an undue presence of light or sound in any residential area.

In addition to the above display of temporary signs, banners are to be permitted pursuant to the following requirements:

For each commercial activity banners are allowable for a total of one (1) period of two (2) weeks in duration per quarter for each year, however no two (2) periods may be consecutive.

Banners must be on the premises of the activity or event noted on the sign.

An individual banner or group of banners simultaneously displayed on a parcel shall not exceed twenty-five (25) square feet in total area.

Banners shall not be located within twenty (20) feet of any street. If such a setback is not possible because of the proximity of the business property to the street, the Building Official may approve a lesser setback provided that the public safety is not compromised.

The permit fee for a banner shall be $15.00 per application until modified by Resolution of the Board of Mayor and Aldermen.

405.10

Specific Requirements for Permanent Signs.

Awning, Canopy and Window Signs.

The copy area of an awning, canopy or permanent window sign shall not exceed thirty (30) percent of the awning, canopy or window pane, section or door or grouping of such.

Awning and canopy signs shall not be illuminated.

Projecting Signs.

A projecting sign shall not extend horizontally more than four (4) feet beyond the surface to which the sign is attached.

Where public sidewalks exist, projecting signs may extend over the public right-of-way by up to four (4) feet beyond the right-of-way line, provided there is a clearance of nine (9) feet above the sidewalk surface.

No permit shall be issued for any sign overhanging the public right-of-way in accordance with this ordinance unless the applicant posts a bond, or public liability insurance, in the amount of ten thousand (10,000) dollars per person, twenty thousand (20,000) dollars for any accident, and five thousand (5,000) dollars for property damage. Such bond or liability insurance shall remain in force at all times while such signs overhangs the public right-of-way.

A projecting sign shall not extend above the height of the surface of a flat roof, the mid-point of a sloping roof, or the top of a parapet wall.

A projecting sign shall remain nine (9) feet above the surface of any sidewalk or pedestrian way.

A projecting sign shall be attached at least six (6) inches but not more than twelve (12) inches from the building.

A projecting sign must be attached at right angles to the building façade.

A projecting sign may be suspended from an eave, balcony or gallery, provided the width thereof is equal to, or greater than, the width of the sign.

If the projecting sign contains written information other than the name of the activity, it must be placed fifty (50) feet or more from other projecting signs on the same way.

Wall Signs.

Wall signs may be up to twelve (12) inches from the wall and should be designed not to interrupt architectural details.

A wall sign shall have a rigid backing material at least ¼ inch thick.

A wall sign of boxed graphic or individual letters designed to be placed over one window and under another should be limited in height to two-thirds (⅔) of the distance between the windows.

A wall sign displayed by an activity of one story should not extend above the window sill of the story above or below the top of the window of a story below.

Off-Premises Outdoor Advertising Signs.

The following requirements for off-premises outdoor advertising signs shall be subject to any additional limitations that may be imposed by the Mississippi Department of Transportation.

The distance (measured horizontally) from the highway right-of-way to the nearest point of the sign shall be at least twenty (20) feet but not greater than sixty (60) feet.

The permitted sign area shall be one hundred and twenty (120) to four hundred (400) square feet.

No outdoor advertising sign may be erected within less than one thousand (1,000) square feet from any other outdoor advertising sign on the same side of the highway. Said distance is to be measured on a line parallel to the highway.

Single side, back-to-back, and "V" structures which include an angle of up to forty-five (45) degrees are permitted. The single largest face of back-to-back and "V" signs will be used to determine permitted sign area.

Stacked signs shall not be permitted.

No point of an outdoor advertising sign structure shall be more than forty (40) feet above the roadbed of the highway, nor shall the bottom of the sign portion be less than twenty (20) feet above the roadbed; both measurements relative to the highway roadbed nearest to the sign.

Construction Requirements:

Only mono-pole type outdoor advertising signs shall be permitted.

The Building Official at his or her discretion may require that a registered Professional Engineer certify that the sign proposed to be constructed complies with all applicable codes.

No person or corporation shall engage in the business of outdoor advertising within the City of Waveland unless such person files and maintains with the City Building Official evidence of liability insurance in the amount of $100,000 for property damage, $250,000 for personal injury to any one person, and $500,000 for personal injury growing out of one occurrence. Such insurance policy shall be written to hold the city and its officials and employees harmless from any and all losses, damages, liabilities, and judgments resulting by reason of the erection or maintenance of any outdoor advertising sign.

Illumination of any outdoor advertising sign within one hundred (100) feet of a residential area shall be diffused and indirect as seen from the residential area, and designed to the greatest practical extent to avoid any light entering the residential area.

In no case shall intermittent illumination be permitted when the sign is visible from a dwelling in a residential area.

405.11

Signs in the R-1, R-2, M-1 and R-3 Zoning Districts.

Signs allowed without a permit include:

Nameplates.

Signs that are a permanent architectural feature of a structure.

Customary signs in conjunction with residential usage, such as mailbox signs, names of residents and house numbers.

A non-illuminated sign, not more than five (5) inches by eighteen (18) inches attached to the mailbox, may be displayed for home occupations.

Directional signs not exceeding four square feet and not containing a commercial message or logo. Directional signs are limited to providing notice of parking/no parking zones, telephones, rest rooms and entrances and exits to the site and structures thereon.

One sign to advertise the offering of a property for sale, rental or lease on each public way on which the property has frontage. Such signs will be limited to an area of four (4) square feet and not be illuminated.

One construction sign indicating the parties involved in the project such as contractors, financial interests, engineers, and the potential occupant(s). A construction sign may be displayed as long as the construction is actively underway and shall be removed when construction ends or ceases for more than sixty (60) days. Such signs may be up to nine (9) square feet and may not be illuminated.

Window signs up to two (2) square feet and not internally illuminated.

Non-illuminated political signs not to exceed a total of thirty-two (32) square feet of total sign area per one hundred (100) feet of street frontage are allowed in all zoning districts. Such signs shall not be erected more than sixty (60) days prior to the election or referendum concerned and shall be removed within ten (10) days following such election or referendum. Political signs may be placed only on private property and only with the permission of the property owner.

10.

Yard Sale signs.

Signs requiring a permit include:

Residential Development signs. A subdivision of five (5) lots or more or a multifamily complex of five (5) dwelling units or more shall be allowed one freestanding identification sign for each vehicular entrance to the development. Each sign shall be limited to four (4) feet in height and an area of not more than twelve (12) square feet. The area around the sign must be landscaped.

Churches, clubs, schools, and child care centers.

For each frontage on a public street the activity shall be permitted, alone or in combination thereof, one (1) freestanding sign if space permits, and one (1) projecting sign, one (1) wall sign and one (1) awning or canopy sign with a total area of three (3) square feet for each ten (10) feet of frontage on a public street.

Freestanding and attached signs shall be permitted within the applicable parcel lines, provided the signs shall bear only the name, address, and services rendered by the specific permitted use located on the site.

Freestanding signs shall be limited to an area of not more than sixteen (16) square feet.

Freestanding signs shall be set back at least four (4) feet from the street right-of-way and its height may not exceed the distance of the setback or eight (8) feet, whichever is lesser.

Projecting signs shall have two back-to-back faces and shall not exceed sixteen (16) square feet in area.

Signs specifically prohibited include:

Off-Premises Outdoor Advertising Signs.

Electronic Message Boards.

405.12

Signs in the Coleman Limited (CO-1) Zoning District.

All signs listed in Subsection 405.11.A are allowed without a permit.

Signs requiring a permit include:

For each frontage on a public street, a business shall be permitted, alone or in combination thereof, one (1) freestanding sign if space permits, and one (1) projecting sign, one (1) wall sign and one (1) awning or canopy sign with a total area of four (4) square feet for each ten (10) feet of frontage on a public street.

All signs shall be permitted within the applicable parcel lines, provided that:

The signs shall bear only the name, address, and services rendered by the specific permitted use located on the site.

Professional offices and personal services shall be permitted one sign not to exceed six (6) square feet in the vicinity of each establishment.

Freestanding signs shall be limited to an area of not more than twenty (20) square feet for a single occupant. For directory signs identifying multiple occupants, the allowable square footage may be increased 10% for each additional occupant listed for a maximum of five (5) additional occupants.

Freestanding signs shall be set back at least four (4) feet from the street right-of-way and its height may not exceed the distance of the setback or eight (8) feet, whichever is lesser.

In special, unique circumstances where a business activity's principal entrance fronts on an off-street parking area or pedestrian walkway and at least twenty (20) feet of space exists between the entrance and the parking or walkway, the Building Official may approve a freestanding individual activity sign pursuant to the requirements of this section.

The area beneath and around a ground sign shall be landscaped with plants, ground cover and materials so as to complement the site and integrate the sign with buildings, parking area, surrounding vegetation and natural features of the landscape.

Projecting signs shall have two back-to-back faces and shall not exceed twenty (20) square feet in area.

Signs specifically prohibited include:

Off-Premises Outdoor Advertising Signs.

Electronic Message Boards.

405.13

Signs in the Coleman Open (CO-2) and Neighborhood Commercial (C-1) Zoning District.

Signs allowed without a permit include:

All signs listed in Subsection 405.11.A.

In addition to the Directional signs allowed in Subsection 405.12, non-commercial directional signs may provide directions to Automated Teller Machines (ATMs), vending machines and provide such other non-commercial information useful to persons likely to be on the premises.

One sign to advertise the offering of a property for sale, rental or lease on each public way on which the property has frontage. Such signs will be limited to an area of sixteen (16) square feet and may be illuminated.

Signs requiring a permit include:

Signs permitted in the CO-1 zoning district.

For each frontage on a public street, a business shall be permitted, alone or in combination thereof, one (1) freestanding sign if space permits, and one (1) projecting sign, one (1) wall sign and one (1) awning or canopy sign with a total area of six (6) square feet for each ten (10) feet of frontage on a public street.

The signs shall bear only the name, address, and services rendered by the specific permitted uses located on the site.

Professional offices and personal services shall be permitted one sign not to exceed six (6) square feet in the vicinity of each establishment.

A freestanding sign that shall be limited to an area of not more than twenty-four (24) square feet for a single occupant.

For directory signs identifying multiple occupants, the allowable square footage may be increased 10% for each additional occupant listed for a maximum increase of fifty (50) percent.

Freestanding signs shall be set back at least four (4) feet from the street right-of-way and its height may not exceed the distance of the setback or ten (10) feet, whichever is lesser.

In special, unique circumstances where a business activity's principle entrance fronts on an off-street parking area or pedestrian walkway and at least twenty (20) feet of space exists between the entrance and the parking or walkway, the Building Official may approve a freestanding individual activity sign pursuant to the requirements of this section.

10.

Projecting signs shall have two back-to-back faces and shall not exceed twenty-four (24) square feet in area.

Signs specifically prohibited include:

Off-Premises Outdoor Advertising Signs.

Electronic Message Boards.

405.14

Signs in the Highway Commercial (C-3) and Industrial (I-1, I-2, and I-3) Zoning Districts.

Signs allowed without a permit include:

All signs listed in 405.11.A.

One sign to advertise the offering of a property for sale, rental or lease on each public way on which the property has frontage. Such signs shall be limited in area as follows:

In the C-3 Zoning District, to an area of twenty-four (24) square feet, and the sign may be illuminated.

In the Industrial zoning districts, to an area of thirty-six (36) square feet, and the sign may be illuminated.

In the C-3 Zoning District, to an area of twenty-four (24) square feet, and the sign may be illuminated.

In the Industrial zoning districts, to an area of thirty-six (36) square feet, and the sign may be illuminated.

Menu Boards. Where a drive-through food service establishment is a permitted use or approved as a conditional use, the establishment may display one back-to-back menu sign not exceeding thirty-two (32) square feet in area, which shall be designed and located to be viewed exclusively by patrons of the establishment and not plainly visible from off-site.

Gas Price Signs. Where retail fuel sales are permitted, or approved as a conditional use, a fuel retailer may display one back-to-back Gas Price Sign not exceeding thirty-two (32) square feet in area.

On-premise[s] signs requiring a permit include:

Professional offices and personal services shall be permitted one sign not to exceed twelve (12) square feet in the vicinity of each establishment.

The allowable area for freestanding signs and the allowable area for attached signs shall be separately calculated for a development and the activities therein as set forth below.

Freestanding sign area formula for each street frontage:

The area of a freestanding sign for any activity shall not exceed three (3) square feet for each ten (10) feet of street frontage. When an activity has frontage exceeding one hundred (100) feet, its freestanding sign may exceed thirty (30) square feet by one (1) square foot for every linear foot of frontage over one hundred (100) feet.

A directory sign listing multiple occupants of a development may contain the name and logo of the development, plus each occupant thereof, and the total area of the sign may be increased by ten (10) percent of the allowable area for each occupant up to a fifty (50) percent increase.

Attached sign area formula. The total allowable area for awning and canopy, projecting and wall signs attached or applied to a structure for each frontage on a street, parking area, or walkway of an establishment shall be based on the maximum allowable area for a wall sign, which is calculated as follows:

The aggregate signable area of the wall of a building will be determined by measuring the area which is free of architectural details on the frontage façade of the building or on that part of the building in which the activity associated with the sign is located.

After determining the aggregate signable area, the maximum allowable area of a wall sign displayed toward one street, parking lot, or walkway on which it has frontage shall be calculated as a percentage thereof based on the building or activity's classification with the following percentages to be applied:

Industrial: 30%

Commercial: 40%

Freestanding signs may be either:

Identification signs that identify a single business or a single development such as campus, shopping center or office or industrial park with the name, address, and logo of the entity.

Directory signs that identify the development and individual occupants of the development.

Freestanding signs shall be separated by one hundred (100) feet or more along a street.

A development with at least three hundred (300) feet of frontage on a street wherein the principal structure is set back at least seventy-five (75) feet from the street right-of-way may, in addition to the freestanding signs otherwise allowed, erect one (1) freestanding identification sign of up to three hundred (300) square feet in area and sixty (60) feet in height.

Other than the sign allowed in Subsection 405.14.B.7 above, no single freestanding sign shall exceed one hundred fifty (150) square feet in total area.

The presence of a freestanding identification or directory sign shall not affect the signage area allowed for the attached signs of any activity or occupant within the development.

10.

In special circumstances where a business activity's principle entrance fronts on an off-street parking area or pedestrian walkway and at least twenty (20) feet of space exists between the entrance and the parking or walkway, the Building Official may approve a freestanding individual activity sign pursuant to the requirements of this section.

11.

Freestanding signs in the C-3 zoning district that front US Highway 90 and MS Highway 603 shall not exceed twenty (20) feet in height. Elsewhere, signs in the zoning district shall not exceed twelve (12) feet in height.

12.

13.

Projecting signs may be multi-faced and shall be separated by fifty (50) feet or more along the same right-of-way or pathway.

Off-Premise[s] Outdoor Advertising Signs are permitted along the frontage of US Highway 90 and MS Highway 603, provided they fully comply with the standard and regulations cited above in Subsections 405.7.C and 405.10.D.

405.15

Signs in the Special Use District.

Signage in the special use district shall conform to a comprehensive signage plan specifically developed for the district and approved by the Board of Mayor and Aldermen upon the recommendation of the Planning and Zoning Commission.

Applications for a Special Use District shall set forth a comprehensive sign plan for the district which shall address the near-term and long-term signage applications for the proposed district.

Sec. 406. - Fences, wall and hedges.

Notwithstanding other provisions of this Zoning Ordinance, fences, walls and hedges may be permitted in any required yard or along any yard, subject to the following restrictions:

406.1

Said fence in the rear and side yard may be of solid construction or may be open to light and air, including steel mesh, chain link, louvered, stake or similar materials.

406.2.

Fences may be constructed on corner lots; however, no such fence, whether solid or otherwise, constructed in such a manner that the view of the drivers on the adjacent thoroughfare or thoroughfares shall be obstructed (see Section 714).

406.3

No fence shall exceed six (6) feet in height measured from the finished grade of the lot or property upon which the fence is being erected, except as otherwise provided in this article.

406.4

A six (6) foot opaque/privacy fence may stop, or commence to slope down to a height of three (3) feet, either at a point even with the front plane of the main or the forward most building or at a point twenty-five (25) feet from the front property line, whichever is the shorter distance.

406.5

Fence materials permitted are wood, wrought iron, stone and masonry. Vinyl or fiberglass composite material may be utilized if the material is designed and constructed for fencing material. No fence shall be constructed of or contain canvas, cloth, or other impermanent material, corrugated metal, metal plates, plastic or plexiglass.

406.6

In R-1 and R-2 Districts, barbed wire fences are prohibited.

406.7

In no case shall a fence be erected so as to divert or impede the natural flow of storm drainage or block a storm water catch basin, culvert, outlet pipe, or other storm water structure.

406.8

The finished, good, or attractive side of the fence shall face the adjoining property or street if the appearance of the fence structure is not the same on both sides. For fences other than chain link, the fence shall be so constructed that the horizontal and vertical support posts are hidden from public view.

Sec. 407. - Façades on metal buildings in commercial zones.

All metal buildings constructed within the City of Waveland's commercial zoning districts shall comply with the following:

407.1

All metal buildings facing public streets and built in commercial areas shall be faced with façade on the sides facing public streets with brick, wood or stucco or other comparable surface materials covering the exterior metal surface.

407.2

The proposed façade treatments shall be included in an application submitted to the Building Official to obtain necessary permits.

Sec. 408. - General landscaping requirements.

408.1

Preservation of Live Oak and Magnolia Trees. Requirements in Section 409 apply to all zoning districts within the City of Waveland.

Without a permit, it shall be unlawful for any person, firm or corporation to cut down, remove, destroy or effectively destroy any Live Oak growing within the City of Waveland with a trunk size of more than eighteen (18) inches in diameter measured at a point three (3) feet above ground level or a Magnolia tree growing within the City of Waveland with a trunk size of more than eight (8) inches in diameter measured at a point three (3) feet above the ground level.

A permit for the cutting down or destruction of a Live Oak or Magnolia tree or trees as herein described shall be issued only if the tree or trees proposed to be cut are in such poor health or bad physical condition as to be a hazard to human safety or if proposed construction cannot be practically located in such a way as to preserve the tree or trees.

Any person, firm or corporation desiring to cut down any Live Oak or Magnolia tree or trees, as described, shall fill out an application with the Building Official accompanied by a fee.

The application shall state the legal description of the property on which the tree or trees is located;

The mailing address and telephone number of the applicant; and

The reason for the request.

Inspection by Building Official. Within four (4) working days of the application, the Building Official shall inspect such tree or trees specified on the application and report to the Planning and Zoning Commission with respect to:

The approximate spread and the actual trunk diameter measured at a point three (3) feet above ground level, of tree or trees.

The health and physical condition of the tree or trees.

Whether or not in his opinion removal is justified by reason of:

(i)

The poor health or dangerous condition of the tree or trees.

(ii)

Construction or other improvements to be made on the property.

Approval or Denial. The Planning and Zoning Commission shall review the application together with the information gathered under the Section 408.1.B and shall make a recommendation to the Board of Mayor and Alderman to either approve or deny the application. If approved by the Board of Mayor and Aldermen, the Building Official shall issue the permit to the applicant.

The applicability of any permit issued hereunder shall not be transferred from one tree to another tree; such permit shall expire three (3) months from the date of issuance; and such permit shall expire in the event the specified construction project for which it was issued is cancelled.

408.2

Multifamily and non-residential structures located in commercial, industrial and multifamily zoning districts are required to adhere to landscaping standards prescribed in the City of Waveland Design Guidelines Ordinance.

Sec. 409. - Temporary and portable buildings and structures.

409.1

A temporary or portable structure may be erected only in connection with the erection of a permanent building, street, utility or other structure. A permit for the erection of any temporary structure shall be obtained from the Zoning Official after posting a sufficient bond to ensure removal of same within two (2) weeks after issuance of the certificate of occupancy on the permanent structure. A temporary or portable structure may be used for a temporary construction office and for housing of tools, equipment and materials.

409.2

Subdivision sales offices may be erected only after approval of the Board of Mayor and Aldermen, subject to such conditions as may be determined by the Board to be necessary to ensure termination of the use after a reasonable period by removal or conversion to a nonconforming use.

409.3

Except as provided in Section 403.8, no trailers for dwelling, storage or business shall be parked in any district, except upon approval by the Board of Mayor and Aldermen in connection with a permanent building or construction project. Such approval shall be for a period of time not to exceed (1) year, renewable for periods of six (6) months, stating the use for which approved. Upon completion of the project, the trailer shall be removed from the premises.

409.4

No building shall be moved into and placed within the City limits, excepting such building conforming to the standards for new construction for dimensions, use and placement upon the lot, and the requirements of this and other City Ordinances.

409.5

A Temporary Conditional Use for a Recreational Vehicle may be applied for only in connection with the erection of a permanent residential dwelling when the following listed conditions have been met. Said conditional use may be permitted by the Board and Mayor of Aldermen, upon review and recommendation by the Planning and Zoning Commission with the procedures and under the conditions set forth in Article IX.

Without a permit, it shall be unlawful for any person, firm, or corporation to dwell in a Recreational Vehicle as contemplated by Section 409.5 within the City of Waveland. The violation of any of the provisions of Section 409.5 shall be deemed a misdemeanor, with each day of the violation being considered a separate offense. A fine of up to one hundred dollars for each day may apply for each violation.

Approval of the Temporary Conditional Use permit shall be for a period of time not to exceed 180 days. Before the expiration of the initial 180 day period, the applicant may make application to the Planning and Zoning Commission for approval by the Mayor and Board of Aldermen requesting an additional 180 days.

Upon completion of the structure, use of the Recreational Vehicle must be in compliance with the regulations of the Zoning Ordinance and other applicable local, State, and Federal regulations.

Only one Recreational Vehicle, serial number to be provided, is allowed on the location for which a building permit is issued. Said Recreational Vehicle may not be rented and may only be occupied by the owner(s) of the property.

The applicant must provide sufficient evidence of the following conditions, in addition to the provisions listed in Section 906.3, with the submission of the Temporary Conditional Use application:

Issuance of a valid and current building permit for a residential structure;

Verification of a completed and inspected foundation on the property;

Submittal of an Evacuation Plan for the Recreational Vehicle in the instance that a named storm enters the Gulf of Mexico and/or a voluntary or mandatory evacuation is ordered for the area;

A copy of the title and proof of insurance on the Recreational Vehicle;

Proof that the Recreational Vehicle is able to be transported over the streets and highways and has the appropriate state and local licenses;

Proof of quick disconnect to City utilities;

There must not be any structural additions to the Recreational Vehicle;

Recreational Vehicles and the subject properties must be in compliance with and are restricted by the requirements and standards of the Flood Damage Prevention Ordinance.

The above stipulations and conditions are not intended to be all inclusive, and each application may have additional stipulations and conditions as the health, safety, and welfare of the City requires.

At any time the Planning or Zoning Officer or Building Official deems that the conditions and stipulations attached to the Temporary Conditional Use permit are not met, the Temporary Conditional Use permit will be deemed withdrawn without further action and appropriate enforcement measures will be taken.

A final permit fee for the placement of a temporary construction recreational vehicle of One Hundred dollars is required.

Sec. 410. - Accessory buildings.

A building permit is required for all accessory buildings in all zoning districts in the City of Waveland.

Waveland City Zoning Code

ARTICLE IV

- GENERAL REGULATIONS

Sec. 401. - Regulations for all development.

401.1

401.2

401.3

401.4

401.5

401.6

[Nuisances.] No nuisance, as defined herein, shall be allowed as a permitted, conditional, or non-conforming use.

401.7

401.8

Uses. The use of premises in a Residential Planned Development Project shall conform to the permitted uses of its zoning district in which it is located when it is permitted as a conditional use.

It is desirable that access points to all arterial streets shall be located no more frequently than once every one-eighth (⅛) to one-quarter (¼) mile.

The Planning and Zoning Commission may recommend any other reasonable conditions as it deems necessary to the Board of Mayor and Aldermen.

401.9

Sec. 402. - Regulations for continuing non-conforming existing uses and structures.

402.1

402.2

Non-conforming land. The lot, or acreage, is smaller than the minimum permitted in the zone in which it is located.

402.3

402.4

402.5

No non-conforming use may be changed to another non-conforming use.

402.6

402.7

If non-conforming land is generally joined under common ownership with other adjoining land so the entirety is conforming.

If a non-conforming use of land ceases for a period of twelve (12) months.

If a non-conforming structure is made to conform.

The non-conforming use is changed to a conforming use no matter how short the period of time.

Destruction, for the purpose of this subsection, is defined as damage to the extent of more than fifty (50) percent of the replacement cost at time of destruction.

Once forfeited, non-conformance may not again be used as a defense against prosecution for violation of the provisions of the Zoning Ordinance.

Sec. 403. - Regulations for off-street parking and loading areas.

403.1

403.2

		Minimum Number of Parking Spaces Required
A.	Dwellings and Lodgings
	Single-family dwellings, two-family dwellings, parish houses; multiple-family dwellings and other places containing dwelling units; Manufactured Homes, Mobile Homes and Manufactured Home/Mobile Home Parks	Two (2) spaces per dwelling unit (on the lot and in immediate proximity to the unit).
	Hotels, motels, Bed & breakfasts, rooming houses, dormitories, and other structures containing sleeping rooms, other than or in addition to, dwelling units	One (1) space per guest room, bedroom, or sleeping room, but no fewer than two (2) spaces.
B.	Public and Semi-Public
	Mortuaries and Funeral Homes	Minimum twenty (20) spaces or one (1) space for each fifty (50) square feet of gross floor area up to a maximum of seventy (70) spaces.
	Churches	One (1) space for every four (4) seats in the principal place of assembly, plus one (1) space for any vehicle customarily used in the operation of the use or stored on the premises, plus the standard parking requirements for an accessory use such as a school or child care center.
	Public buildings, museums, public libraries, post office, art galleries	Five (5) spaces for every one thousand (1,000) square feet of floor area, and one (1) space for each employee, plus one (1) space for any vehicle customarily used in the operation of the use or stored on the premises.
	Vocational and music schools, dance studios, and other private schools and colleges for non-academic instruction	One (1) space for each instructor plus one-half (½) space for each student, based upon the maximum number of students attending class at one time.
	Hospitals, nursing and rest homes, sanitariums, and like uses	One (1) parking space for each resident and staff doctor, employee, intern and nurse plus one (1) space for each five (5) beds plus one (1) space for each institutional vehicle plus one (1) visitor space for every 1,000 square feet of floor area.
	Child care, nurseries and kindergarten	Two (2) spaces, plus one (1) space per employee, plus a paved, unobstructed, off-street pick-up area with five (5) stacking spaces in addition to the standard driveway and parking requirements.
	Schools offering academic instruction	One (1) space for every classroom and office, plus one (1) space for every three (3) students over 16 years of age, plus one (1) space per bus or other vehicle customarily used in the operation of the use or stored upon the premises.
	Auditoriums, theatres, meeting rooms, fraternal and exhibit halls, and other places of public assembly	One (1) space for every four (4) seats or one (1) space for every fifty (50) square feet of gross floor area used for assembly, exhibition, dancing or dining when there is no fixed seating.
C.	Offices
	Office buildings, Professional and medical office buildings, and financial Institutions	One (1) space for every two hundred (200) square feet of floor area. Where the use involves drive-up banks, five (5) stacking spaces shall be provided for each drive-up window, automatic teller unit or delivery station.
D.	Entertainment & Services
	Pool halls, billiard parlors	Three (3) spaces for each table.
	Bowling alleys	Six (6) spaces for each alley.
	Restaurants without drive-through or carry out facilities, lounge, bar, tavern or saloon	One (1) space for every one hundred (100) square feet of gross floor area.
	Beauty and barber shops and personal services	One (1) space for every two hundred (200) square feet of gross floor area.
	Laundry and dry cleaning pick-up stations	One-half (½) space for each employee plus two (2) spaces.
	Self-service dry cleaning and laundry establishment	One-half (½) space per four (4) washing machines and/or dry cleaning machine.
	Veterinarian Offices, dog hospitals, clinics and kennels	One (1) parking space for each doctor and employee plus two (2) spaces for visitors.
	Construction services	One (1) space for every two hundred and fifty (250) square feet of gross floor area, plus two (2) spaces for every three (3) employees on the maximum shift, plus one (1) space for every vehicle customarily used in operation of the use stored on the property.
	Automotive service and/or sales	One (1) space per three thousand (3,000) square feet of outdoor sales lot area devoted to sales, display, and/or rental of said vehicles or one space for every two hundred and fifty (250) square feet of indoor floor area, whichever is larger; plus three (3) spaces for every bay in garage repair areas, as well as one (1) space for every two (2) employees on the maximum shift.
	Restaurants with drive-through and carry out facility	One (1) space for every one hundred (100) square feet of gross floor area, plus five (5) stacking spaces for each drive-in window or delivery station.
E.	Commercial
	Grocery Store, Supermarket	One (1) space for every one hundred and fifty (150) square feet of gross floor area.
	Nurseries, greenhouses, building materials stores, lumber yards	One (1) space for each employee not living on the premises plus five (5) spaces of customer parking. Five (5) spaces for every one thousand (1,000) square feet of gross floor area, plus one space for every vehicle customarily used in the operation of the use or stored onsite.
	Shopping Center
	25,000 to 400,000 square feet	Four (4) spaces per one thousand (1,000) square feet of gross floor area.
	400,000 to 600,000 square feet	Four and one-half (4 ½) spaces per one thousand (1,000) square feet of gross floor area.
	More than 600,000 square feet	Five (5) spaces per one thousand (1,000) square feet of gross floor area.
	Retail and wholesale stores	One-half (½) space for each employee plus one (1) space for each company vehicle plus (1) space for each two hundred (200) square feet of sales area.
	Retail and wholesale stores of bulky items (e.g., furniture and major appliances)	One-half (½) space for each employee plus one (1) space for each company vehicle plus one (1) space for each one thousand (1,000) square feet of gross floor area.
	Wholesale, retail and commercial storage	One-half (½) space for each employee plus one (1) space for each company vehicle, plus two (2) spaces, but a total of no less than four (4) spaces.
	Grocery and Convenience stores under 5,000 square feet	One (1) space for every five hundred (500) square feet of gross floor area. Where the use involves a drive-up window, five (5) stacking spaces shall be provided for each window or delivery station. Where the use involves gasoline pumps, see below Automobile Service Station.
	Automobile Service Station	One (1) space for every fuel dispensing pump, plus three (3) stacking spaces per fuel dispensing pump plus three (3) spaces for every service bay or similar facility, plus one (1) space used directly in the conduct of business, plus one (1) space for every two (2) employees on the maximum shift.
	Self-Service Car Wash	Five (5) stacking spaces for each car washing stall, plus two (2) drying spaces for each stall.
F.	Industry
	All Industries (except listed below)	One (1) space for each employee on the maximum employee shift plus one (1) space for each company vehicle. An additional parking lot, or reserved space, shall be provided for visitor parking equal to five (5%) percent of the employee parking spaces, but not less than three (3) spaces.
	Convenience storage facility, mini-warehouse	One (1) space for every fifty (50) storage units.
	Trucking terminal, storage yards, building contractors, lumber yards, etc.	One (1) parking space for each employee plus one (1) parking space for each company vehicle, truck, tractor or trailer stored at the site when not in use.

;adv=9qq;403.3

403.4

403.5

403.6

Exception. When a portion of the required off-street parking is provided for by municipal parking lots, or by joint private facilities, such portion may be credited against the total space required.

403.7

Commercial Parking Areas. All standards, specifications and requirements that pertain to private parking areas shall pertain to commercial parking areas.

403.8

The Gross Vehicle Weight Rating (GVWR) of the accessory commercial motor-driven vehicle shall not exceed ten thousand (10,000) pounds;

403.9

403.10

Location of Parking Space.

Off-street parking facilities shall be located on the same lot as the principal structure or on an adjacent lot, except as provided in this Section.

The parking area shall be screened from the street and pedestrian traffic by means of an edge fence, planted strip or other similar means of enhancement, to a height of four (4) feet.

No portion of the area used for parking shall be within twenty (20) feet of a residential structure.

No portion of the area used for parking shall be closer than five (5) feet to a sidewalk.

Jointly used parking areas in businesses and manufacturing zones may be located on lots adjacent to the principal use or within four hundred (400) feet thereof.

The property occupied by the accessory parking lot is in the same possession, by deed, as the property upon which the principal use is located.

403.11

All off-street loading shall be improved with an all-weather surface which is suitably designed for the intended purpose.

403.12

Parking Improvement Standards. Surfacing, lighting, landscaping, maintenance and underground improvements shall be developed according to the standards set forth:

The minimum width shall be ten (10) feet for access ways serving residences.

The minimum width shall be twelve (12) feet for all other access ways.

Parking Angle	Stall depth	Stall width	Aisle width
90	20'0"	9'0"	25'0"
60	20'0"	9'0"	18'6"
45	20'6"	9'0"	13'6"
30	20'0"	9'0"	13'0"
Parallel	8'0"	23'0" curb length	12'0" one-way 25'0" two-way