In order to carry out the purposes of this ordinance and to allow a variety of uses in different districts which are appropriate to the character of the individual district, the city shall be divided into the following zoning districts, the boundaries of which shall be shown on the Official Zoning District Map.

3.1.1.

A-R Agricultural Residential District.

The A-R District is established to accommodate large, estate-size lots located in the more sparsely developed areas of the city where existing services and utilities, in particular, sewer, will not accommodate a higher density.

Note—As of April, 2013, no property has been zoned under this designation.

3.1.2.

R-1 Single-Family Residential District—Large lot.

The R-1 Single-Family Residential District is established as a district in which the principal use of land is for single-family dwellings. The regulations of this district are intended to discourage any use which, because of its character, would substantially interfere with the development of single-family dwellings and which would be detrimental to the quiet residential nature of the areas included in this district.

3.1.3.

R-2 Single-Family Residential District—Medium lot.

The R-2 Single-Family Residential District is established as a district in which the principal use of land is for single-family dwellings. The regulations of this district are intended to discourage any use which, because of its character, would be detrimental to the residential character of this district. The regulations are also designed to encourage the wise use of land and natural resources, with the aim of reducing sprawl and the costly provision of infrastructure to serve disbursed development.

3.1.4.

R-3 Multi-Family Residential District.

The R-3 Multi-Family Residential District is established as a district in which the principal use of land is for multi-family dwellings. The regulations for this district, however, are intended to discourage any other use which, because of its character, would interfere with the basic multi-family residential nature of the areas included in this district. This district and the multi-family developments allowed in it should be located so as to not interfere with or damage environmentally sensitive lands and to ensure that adequate open space and recreational facilities are located nearby, or within the district itself, to serve the needs of the persons who are or will be living in the district. Concentration of large amounts of R-3-zoned property in one area where services and utilities are not adequate may not be allowed.

3.1.5.

R-4 Multi-Family Residential District.

The R-4 Multi-Family Residential District is established as a district in which the principal use of land is for mobile home dwellings. The regulations for this district, however, are intended to discourage any other use which, because of its character, would interfere with the basic multi-family residential nature of the areas included in this district. This district, and the multi-family developments allowed in it, should be located so as to not interfere with or damage environmentally sensitive lands and to ensure that adequate open space and recreational facilities are located nearby, or within the district itself, to serve the needs of the persons who are or will be living in the district. Concentration of large amounts of R-4-zoned property in one area where services and utilities are not adequate may not be allowed.

3.1.6.

R-O Residential Office.

The R-O Residential Office District is to create an environment especially suited to a group of professional, general administrative and general sales offices, together with certain commercial uses primarily to serve employees in the district. The residential alternatives to office use are the same as permitted in the R-2 Single-Family Residential District.

3.1.7.

C-1 Community Business District.

C-1 Community Business Districts are generally intended to be located on major thoroughfares and provide goods and services to residents of the community. Because these commercial uses are subject to the public view, which is a matter of important concern to the whole community, they should provide an appropriate appearance, ample parking, controlled traffic movement, and suitable landscaping, and protect abutting residential areas from the traffic and visual impacts associated with commercial activity.

3.1.8.

C-2 Central Business District.

The purpose of the C-2 Central Business District is to provide areas for retail and service commercial activities of the city and region. No use shall be permitted in this district which is dangerous, offensive or detrimental to nearby business or residences by reason of the emission of dust, gas, smoke, noise, fumes, glare, odor, vibration, or fire hazards.

3.1.9.

C-3 Highway Business District.

The purpose of the C-3 Highway Business District is to provide areas for intensive, high impact commercial and small scale light industrial establishments which generate large volumes of heavy truck traffic. Consequently, these districts are located on arterial highways.

3.1.10.

H-1 Historic Business District.

The purpose of the H-1 Historic Business District is to designate and protect the historic downtown district of Wiggins. This district is intended to primarily encompass those areas directly affected by the 2009 Pine Hill Renovation Project. District uses and restrictions are similar to the C-2 district with additional limitations and protections to preserve the historic retail nature of the area.

Note—As of April, 2013, no property has been zoned under this designation.

3.1.11.

I-1 Industrial District.

The I-1 Industrial District is established as a district in which the principal use of land is for industries which can be operated in a relatively clean and quiet manner and which will not be obnoxious to adjacent residential or business districts and for warehousing and wholesaling activities with limited contact with the general public. The regulations are designed to prohibit any other use which would substantially interfere with the development of industrial establishments in the district.

3.1.12.

S-R State Resort District.

The S-R (State Resort) District is established as a district in which the principal use of land is for government-run resort and recreation facilities. This district is generally considered to be exempt from the regulations contained in this ordinance, however, the provisions for floodplain development, stormwater control, [and] water and sewer connections shall not be waived.

Note—As of April, 2013, no property has been zoned under this designation.

3.1.13.

Districts for annexed lands.

Areas added to the city's jurisdiction through annexation shall be designated as the Wiggins Zoning District most closely resembling the existing district at the time of annexation. If no zoning districts existed at the time of annexation, the property shall not be subject to any use restrictions imposed by this ordinance until such time as the city has properly zoned the area. All regulations contained in this ordinance other than use restrictions, shall apply at the time of annexation. Use regulations shall apply once zoning districts are established.

No use shall be established in any zoning district unless it is expressly designated by this Ordinance as a "Permitted Use," "Conditional Permitted Use" or "Temporary Use" in the district that it is to be located.

3.2.1.

Uses permitted by right.

A "P" indicates that a use is allowed by right in the respective district. Such uses are subject to all other applicable regulations of this ordinance.

3.2.2.

Conditional uses.

A "C" indicates that a use is allowed only if reviewed and approved as a conditional use in accordance with this ordinance. Conditional uses are subject to all other applicable regulations of this ordinance.

3.2.3.

Uses not allowed.

A blank cell in the use table indicates that a use or use category is not allowed in the respective district.

3.2.4.

Uses not listed.

The Land Code Administrator shall determine whether or not an unlisted use is part of an existing use category defined in or is substantially similar to an already defined use.

3.2.5.

Conflicts.

In the case of conflicts between Table 3.2 and any other portion of this ordinance, the provisions of Table 3.2 shall govern.

TABLE 3.2. CITY OF WIGGINS LAND USE CHART

P - Permitted Use.

C - Conditional Permitted Use (special permits needed; existing conditional use may be rebuilt if damaged).

Blank - NOT Permitted (very limited opportunity to rebuild an existing use that is not permitted or conditional).

Note—All existing uses are allowed to continue (Grandfathered), but may be limited with regard to expansion or rebuilding.

The following uses may be established as temporary uses in any district, subject to approval by the Land Code Administrator. A permit is required for all private and/or commercial temporary uses/structures unless otherwise stated herein. For the purposes of this ordinance a Temporary Structure must meet the same requirements as a Temporary Use.

3.3.1.

Temporary uses allowed.

• Circuses, carnivals, fairs, side shows, religious services, and musical and other similar types of events. No permit is required for this item.

• The sale of agricultural products grown within the State of Mississippi. No permit is required for this item.

• Seasonal outdoor sales, such as Christmas trees, Halloween pumpkins, fireworks, etc., not to exceed 45 days in duration.

• Civic and cultural events, grand openings, and ground breaking ceremonies. No permit is required for this item.

• Garage and rummage sales. These are also regulated by separate ordinance and a permit is required.

• Model sales homes and temporary real estate offices for a new residential development. These must be located in a structure designed for residential use within the development and be permitted for 3 years with additional one-year extensions approved by the Land Code Administrator.

• Temporary parking for an approved temporary use. No permit is required for this item.

• Any temporary use deemed appropriate and approved by the Board of Aldermen.

3.3.2.

Temporary structures allowed.

• Any temporary structure associated with an approved Temporary Use, as described above, including trailers, tents or other temporary structures, is allowed. Such temporary structures may not remain on site for more than 7 days without prior written approval of the Land Code Administrator.

• Tents or similar temporary structures located on a residential lot for the purpose of temporary entertaining or recreation. Structures allowed under this paragraph shall not remain erected for more than 14 days. If the temporary structure is located to the rear of the principal building, no permit is required.

• Existing commercial businesses may use temporary storage units for the storage of seasonal inventory, provided such units are located on the side or rear parking lots of the business. The units shall not remain on site longer than 90 days. No storage units may be located off the parking area. Storage units may not reduce the available parking area below 95% of the amount otherwise required by this ordinance. No permit is required for this item.

3.3.3.

Temporary structures for expansion or construction.

3.3.3.1.

Purpose and scope.

Temporary Structures that are factory-fabricated, transportable buildings which are designed to be removed and re-installed at other sites, may be placed on a property to serve as the following:

• Temporary expansion space for existing churches, public health care facilities, public schools and government offices, provided that plans for the permanent expansion of the existing facilities have been submitted to and approved by the City;

• Temporary offices for construction and security personnel during the construction of a development for which the city has issued a building permit pursuant to Article 5 of this ordinance;

• Temporary space for recreational facilities which are being provided in conjunction with a new residential development, provided that the city has approved a site plan, planned unit development master land use plan, or subdivision plat for the residential development;

• Temporary space for a nonresidential use when the permanent building has been destroyed by a fire or other physical catastrophe, provided that a building permit for the permanent facility is obtained within 90 days after approval of the modular building. The Land Code Administrator may approve a written request for an extension of an additional 90 days for good cause shown.

3.3.3.2.

Standards and requirements.

• The Temporary Structure shall not be located in the front setback that applies to the principal building.

• An underskirt shall be installed around the entire Temporary Structure.

• Where used to accommodate the expansion of an existing facility, the design of [the] Temporary Structure shall be compatible or complementary with the existing buildings on the site in terms of scale and exterior color.

• Off-street parking shall be provided for the Temporary Structure in accordance with the requirements of this ordinance if it were a permanent structure.

• A sketch plan, containing sufficient information to show compliance with the above standards and the general layout, shall be submitted to and approved by the Planning and Building Department prior to installation of the Temporary Structure.

• Temporary Structures may remain on the site for 12 months. Upon written request, two additional 12-month periods may be individually granted by the Land Code Administrator. Temporary construction and security personnel offices shall be removed from the site before the city issues the Certificate of Occupancy for the development.

3.4.1.

Accessory uses allowed.

A use may be regarded as an accessory use if it constitutes only an incidental part of the total activity on a lot and it is commonly associated with the principal use. Except as otherwise provided in this ordinance, any accessory use or accessory structure shall be treated as a permitted use in the zoning district in which it is located.

3.4.2.

Accessory uses—Home occupations.

A home occupation shall be permitted as accessory to any dwelling unit, provided that:

• The principal person or persons providing the business or service resides in the dwelling on the premises.

• The business or service is located within the dwelling or an accessory building, and does exceed 20 percent of the combined floor area of the structures or 500 square feet, whichever is less.

• There are no advertising devices on the property, or other signs of the home occupation, which are visible from outside the dwelling or accessory building.

• Any outdoor display or storage is completely screened from view from the street and adjacent properties.

• There are no employees, customers or clients on the premises.

• All aspects of the home occupation shall be such that it will not disrupt the quiet nature and visual quality of the neighborhood. This shall include but not be limited to any noise, vibration, glare, fumes, odors or electrical interference detectable by the normal senses or household appliances.

3.4.3.

Accessory uses—Home businesses.

Home businesses in those districts where conditionally permitted shall meet the requirements of a home occupation, as defined above, and the additional provisions below:

• A Conditional Use Permit is required for each home business.

• A sign required by state or federal law in the conduct of the business shall be allowed, provided such sign does not exceed two (2) square feet in size and is mounted flat on the wall or window of the building.

• Customers are allowed on the premises of the home business, but not more than three (3) at any given time. Customers shall not be allowed on the property between the hours of 8:00 p.m. and 7:00 a.m. or on Sunday. An adequate number of parking spaces for said customers, as approved by the city, shall be provided. This shall be in the form of a double driveway or other arrangements in character with the surrounding residential area.

3.4.4.

Accessory structures—General requirements.

Accessory structures are permitted or conditionally permitted as listed in Table 3.2, subject to the following requirements:

• Two or more commercial uses may be located on the same lot, however, all buildings shall be considered principal buildings and must meet all the requirements (setbacks, parking, site plans, etc.) as set forth in this ordinance. For a commercial building to be considered as an accessory structure it must have the same use and be occupied by the same business as the principal structure.

• All accessory structures are subject to the applicable design standards given in Article 5.

3.4.5.

Accessory structures—Special requirements.

• Front Yard Fences in R-1, R-2, R-3, R-4, R-O Districts - Only a decorative fence such as a picket fence, chainlink, wrought iron or split rail fence may be erected in the front yard of the above districts. Agricultural type wire fences such as barb wire and net wire fences are prohibited in front yards in these districts. Front yard fences in these districts shall not exceed four (4) feet in height. In the case of corner lots, fences erected between the side of the house and the street, shall also meet these restrictions.

• Front Yard Fences in C-1, C-2, C-3 Districts - No fences of any kind shall be allowed in any front yard except by variance when need is proven by the applicant.

3.5.1.

Number of principal buildings per lot.

In districts C-1, C-2, C-3, and I-1 more than one structure containing a permitted or conditional principal use may be erected on a single lot, provided setback requirements are met around the group of buildings and provided the maximum lot coverage standards are not exceeded.

3.5.2.

Required compliance.

A building, structure, or lot shall not be developed, used, or occupied unless it meets the requirements set forth in Article 3, Section 3.5, except as otherwise established in this ordinance for particular uses. These standards are summarized in Table 3.5.2. In the event of a conflict or inconsistency between Table 3.5.2 and the text of this ordinance, Table 3.5.2 shall control.

TABLE 3.5.2 DISTRICT DEVELOPMENT STANDARDS

1. Corner lots are required to be at least 90 ft. wide along each street in all Residential Districts, C-3 and I-1.

2. Corner lots must meet the front setback on the two sides adjacent to a street. The side setbacks must be met on the sides opposite a street.

3. Multi-family uses must also meet a minimum lot size of 2,000 sq. ft. per dwelling unit (d.u.).

4. Buildings over 2 stories or 10,000 sq. ft. require automatic fire-sprinkler systems.

[3.5.3.

Reserved.]

3.5.4.

Setbacks and allowable encroachments.

3.5.4.1.

Setbacks shall be determined from the surveyed lot line if possible. If a city street encroaches on a lot (as determined by a licensed surveyor) then the edge of the street where it is maintained by the city shall be considered the start of the setback. If no survey is available, the setback will be calculated from the center of the street using the minimum right-of-way widths listed in the Transportation Section of the City of Wiggins Comprehensive Plan.

3.5.4.2.

The front yard setback also applies to the setback between the building and the side street, in the case of a corner lot.

3.5.4.3.

The minimum front setback requirement for a lot with buildings on both sides which are less than required by this ordinance may be calculated by averaging the setback of said adjoining buildings. This exception to the normal front setback requirements applies only where both adjacent buildings are located within 50 feet of the side lot line of the lots sought to be built upon.

3.5.4.4.

A setback or other required space in this ordinance shall not be satisfied through the use of space on an adjacent lot.

3.5.4.5.

The buildings or structures on a lot shall not be located in whole or in part in a required setback, except as follows:

• Sills, cornices, and similar ornamental features projecting from the principal building may encroach up to 18 inches into any required setback or building restriction line shown on the subdivision plat for the property;

• Bay windows, covered porches, balconies, and similar features projecting from the principal building may encroach up to three feet into any required setback or building restriction line shown on the subdivision plat for the property;

• Decks, uncovered porches, patios, terraces, and similar features may encroach into [any] required setback or building restriction line shown on the subdivision plat for the property, but no closer than five feet to the property line;

• Accessory buildings and structures may encroach into the required setback or building restriction line shown on the subdivision plat for the property, but no closer than five feet to the rear lot line or side lot lines. An accessory building or structure shall be located in the rear yard or side yard and not the front yard. An accessory building or structure shall be located at least fifteen (15) feet from the principal building, otherwise, it shall be considered a part of the principal building and shall conform to the yard setback requirements of the principal building.

3.5.4.6.

The Land Code Administrator may approve encroachments of a principal building into any required setback up to a maximum of ten (10) percent of the required setback, provided that:

• The request involves only one (1) encroachment into one required setback per lot;

• The encroachment cannot be corrected without substantial hardship and expense to the property owner;

• The encroachment, if approved, will not substantially interfere with the convenient and enjoyable use of adjacent properties and will not pose any substantial danger to the public health and safety.

3.5.5.

Height limits.

• A-R, R-1, R-2, R-3, R-4, and R-O Districts - Buildings and structures in all residential districts shall not exceed 35 feet in height unless, in addition to the front, side, or rear setbacks required, the building structure is set back an additional one (1) foot from the property line for each foot of height in excess of 35 feet not to exceed 45 feet.

• C-1, C-2, C-3 and I-1 Districts - Buildings and structures in C-3 and I-1 zoning districts shall not exceed 75 feet in height unless, in addition to any required setback, the building or structure is set back an additional one foot for each one foot of height in excess of 75 feet (up to a maximum of 100 feet). Furthermore, where a building or structure in a nonresidential district is located within 100 feet of a residential zoning district, the height of the building shall not exceed 45 feet.

3.5.6.

Corner visibility.

On a corner lot in any zoning district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of 2½ and 10 feet above the center line grades of the intersected streets in the area bounded by the street lines of such corner lots and a line adjoining points along said street lines 50 feet from the point of the intersection.

3.5.7.

Required public water and sanitary systems.

All properties containing permitted and conditional permitted uses shall be connected to and served by public water and sanitary sewer facilities; however, uses in areas with no sanitary sewer access or public water supply access within 500 feet may be served by private wells and/or septic systems. Where connection to public water and sanitary sewer systems is required, such systems shall be constructed to city standards, sizes, and specifications, and dedicated to the city for operation and maintenance, thus allowing for the orderly expansion of the city, its water systems, fire protection services and sanitary sewer systems which protect the health of the citizens of the city and its environment. All septic tanks or other alternate means of sewage disposal shall be approved by the required state agency and/or local agency.

3.5.8.

Access required for vehicles and utilities.

All properties containing permitted and conditional permitted uses shall have access to a public street and access to water and sewer utility lines. Any portion of the proposed access way which is not on the owner's property or city property shall be secured by the property owner via a dedicated easement. The owner shall provide the Land Code Administrator copies of the filed easements prior to issue of any permits.