1.30.01 REGULATIONS ARE CONSIDERED TO BE MINIMUM: The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, except as hereinafter provided.

1.30.02 COMPLIANCE REQUIRED: No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformance with all of the regulations specified for the district in which it is located. Furthermore, no person shall use or occupy a building, structure, or land within the City of Yazoo City for an activity that requires a federal, State of Mississippi, and/or city license until said license is obtained from the appropriate authorities.

1.30.03 CONFORMANCE TO DIMENSIONAL REQUIREMENTS: No building or other structure shall hereafter be erected or altered to exceed the height; to accommodate or house a greater number of families; to occupy a greater percentage of lot area; or to have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein required; or in any other manner contrary to the provisions of this ordinance.

1.30.04 A BUILDING'S YARDS TO BE SEPARATE FROM OTHERS: No part of a yard, other open space, off-street parking, or loading space required about or in connection with any building for the purpose of complying with this ordinance, shall be included as part of a yard, open space, off-street parking, or loading space similarly required for any other building.

1.30.05 CURRENT ZONING VIOLATIONS, NOT TO CONTINUE: It is the intent of this ordinance not to "grandfather" or allow any zoning violations under the previous zoning ordinance to continue under this ordinance. These violations will remain violations until disposed of according to the procedures in this ordinance.

Therefore, any violations of the previous zoning ordinance of which a written complaint has been received, or is under investigation by the zoning administrator, or has been notified of such violation by the zoning administrator; must comply with the violations section of this ordinance.

1.30.06 PERMITTED USES CONSTITUTE CONFORMING USES: Any land use which is permitted as a conditional use (also referred to herein as a "special exception") in a particular district under the terms of this ordinance shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.

1.30.07 UNIFORMITY WITHIN DISTRICTS: The regulations and provisions established by this ordinance for each district shall apply uniformly within each district of the same name and shall apply uniformly to each class or type of building, structure, use, or land therein except as otherwise provided.

1.30.08 AREAS ANNEXED AFTER ENACTMENT OF THIS ORDINANCE: Any land annexed into the City of Yazoo City following enactment of this ordinance shall bear the zoning classification(s) that most nearly corresponds to the land use plan classification covering the annexed land or the category of zoned land that it is adjacent to until due public notice of hearings is given to consider the zoning of all or part of such annexed land in accordance with the zoning regulations in this ordinance. Following such public hearings and action by the board of mayor and aldermen, the annexed land shall be subject to the regulations of the new zoning district, if any.

1.30.09 PENDING APPLICATIONS FOR BUILDING PERMITS: Nothing in this ordinance shall require any change in the overall layout, plans, construction, size, or designated use of any development, building, structure, or part thereof for which official approvals and required building permits have been legally granted before the enactment of this ordinance. Construction shall have been started within six months of the effective date of this ordinance and completed within a subsequent two year period and not discontinued until completion except for reasons beyond the builder's control. All permits for which construction has not begun within six months of the effective date of this ordinance are hereby revoked and void.

1.30.10 CONFORMANCE WITH SUBDIVISION REGULATIONS: No building shall be constructed on any lot which does not conform to the provisions of the Subdivision Regulations of Yazoo City.

1.31.01 REDUCTION OF YARDS AND LOTS BELOW MINIMUM REQUIREMENTS PROHIBITED: No yard or lot of record existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots of record created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

1.31.02 FRONT YARDS ON CORNER OR DOUBLE FRONTAGE LOTS: On corner lots or double frontage lots ("through lots"), each side fronting on a street shall be considered a front yard, and the required front yard setback shall be measured from each existing or proposed (on the adopted thoroughfares plan, as part of the comprehensive plan) right-of-way upon which the lot abuts. In accordance with the Subdivision Regulations of the City of Yazoo City, the front yard setbacks of all lots shall be shown as a dashed line on all preliminary and final subdivision plats.

1.31.03 DETERMINATION OF SETBACKS: In measuring a required front yard (i.e., setback), the minimum horizontal distance between the existing or proposed right-of-way line and the main structure shall be used. The required setback line shall be measured from the existing or proposed right-of-way line (or lines for corner lots and double frontage lots), which shall be determined by the adopted thoroughfares plan. If a proposed street is not functionally classified (as a local, collector or arterial street) by the adopted thoroughfares plan, the functional classification of said street shall be determined by the planning commission during the sketch plat review process for the proposed subdivision or during the site plan review process (for developments not involving a subdivision of land).

1.31.04 VISIBILITY AT INTERSECTIONS: On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede the vision of motor vehicle operators between a height of two and one-half and ten feet above the center line grades of the intersecting streets (or the existing grades on the side of the intersecting street, whichever is greater) and within a triangular area bounded by the rights-of-way lines for a distance of 20 feet from the intersection and a straight line connecting said points 20 feet from the intersection of the rights-of-way lines.

1.31.05 ACCESSORY BUILDINGS OR USES: No accessory building or use shall be placed within the required front yard of any main building or use in any district. However, an accessory building or use may be placed in the required side yard of any main building or use in R-1 and R-2 districts, provided that the accessory building or use is at least five feet from the side and/or rear property line, and the accessory building shall be set back a minimum of 60 feet from the street line on which the lot and main building fronts. No accessory building shall cover more than 40 percent of a required rear yard. No accessory building shall be used as a permanent dwelling, unless it is an accessory apartment.

1.31.06 RAILROAD SETBACKS: A setback of 100 feet shall be required between all proposed residential main buildings and railroad tracks (i.e., measured from the metal track, not the railroad right-of-way line, to the nearest exterior limits of the proposed residential building). The side or rear yard setback required within the district where residential structures are permitted may be included within this 100-foot setback. Accessory buildings, such as garages or carports where detached from the main residential buildings or laundry rooms and recreational club houses (in apartment or condominium complexes) may be located within the 100- foot setback provided that the builder of such accessory structures complies with the required side or rear yard setback within the subject district.

1.31.07 EXCEPTIONS TO HEIGHT REGULATIONS: The height regulations contained in the district regulations of this ordinance do not apply to spires, belfries, cupolas, antennas, water tanks, ventilation chimneys, masts, towers, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. However, any person proposing to erect such an appurtenance to exceed a height of 45 feet above the finished grade shall apply for a conditional use permit (special exception) in accordance with section 1.600.18 of this ordinance.

All public and quasi-public facilities and utilities, as defined under 1.33 of this ordinance, may be located in any district in the city, provided:

1.32.01 That all applicable requirements of federal, state and county or city laws shall be met.

1.32.02 That all such proposed uses shall be subject to the procedures stated under section 1.600.09 relative to special exceptions (conditional uses). No public or quasi-public facility or utility shall be located in a residential district or other district where such land use would adversely affect the surrounding area. Provided, however, that all cemeteries existing prior to the adoption of this ordinance shall be permitted in any district.

Developers of churches, schools, hospitals, civic organizational buildings, country clubs, and other public/quasi-public facilities or utilities shall comply with the following dimensional requirements:

1.33.01 MAXIMUM BUILDING HEIGHT: 60 feet, unless greater height is specifically approved by the board of mayor and aldermen based upon the required site plan review.

1.33.02 MINIMUM LOT AREA: Established based upon proposed use.

1.33.03 MINIMUM LOT WIDTH: Established based upon proposed use.

1.33.04 MINIMUM YARDS:

A.

Front yard: 30 feet from the existing or proposed right-of-way as shown on the adopted Yazoo City Thoroughfares Plan to the building setback line.

B.

Side yard: 10 feet, unless the proposed public/quasi-public use abuts an existing single-family detached residence or a R-1 or R-2 district in which case the side yard shall be at least 50 feet from any building to the lot line abutting the single-family detached residence or R-1 or R-2 district.

C.

Rear yard: 20 feet, unless the proposed public/quasi-public use abuts an existing single-family detached residence or a R-1 or R-2 district in which case the side yard shall be at least 50 feet from any building to the lot line abutting the single-family detached residence or R-1 or R-2 district.

See Subdivision Regulations of the City of Yazoo City.

Home occupations, as defined under article II of this ordinance, are permitted in any district where residential uses are allowed if a home occupation permit is issued, and therefore subject to the following limitations:

1.35.01 DISPLAY AND STORAGE: No storage or display of materials, goods supplies, or equipment related to the operation shall be visible from the outside of any structure located on the premises.

1.35.02 MAXIMUM AREA: Not more than 25 percent of the floor area of the dwelling shall be used for the conduct of the home occupation.

1.35.03 TRAFFIC AND PARKING RESTRICTIONS: No traffic shall be generated by such home occupations in greater volumes than would normally be expected in a residential neighborhood (as determined by the zoning administrator), and any need for parking generated by the conduct of such home occupations shall be met off the street and other than in a required yard. Furthermore, an ample amount of such off-street parking shall be provided as determined by the zoning administrator at the time of the application for a building permit or change of use permit.

1.35.04 EXTERIOR LIGHTING: There shall be no exterior lighting which would indicate that the dwelling and/or accessory building is being utilized in whole or in part of any purpose other than residential.

1.35.05 SIGNS RELATING TO HOME OCCUPATIONS: One name plate measuring no more than one square foot in area shall be allowed for each home occupation.

1.35.06 NON-RESIDENT EMPLOYEES: No more than one actively-engaged, non-resident employee (i.e., a person not residing on the same premises with the operator) shall be employed in connection with any home occupation.

1.35.07 ADDRESS OF CONVENIENCE: A home occupation that is solely used for the purpose of receiving phone calls, mail, and keeping business records in connection with any profession or occupation shall be known as an "address of convenience."

1.35.08 HOBBIES: Such as boat building or repair, furniture making or repair, automobile repair and rebuilding, and other activities not normally carried on extensively in a residential district shall not be permitted to the extent that they are annoying or harmful to nearby residential occupants. Such uses that involve the use of power tools or the creation of noise not usual to a residential district shall not be permitted between the hours of 9:00 p.m. and 7:00 a.m.

1.35.09 PERMITTED ACTIVITIES: Primary sale of goods in connection with such home occupation shall be that which is prepared, produced, or grown on the premises. Home occupations may also provide services.

1.35.10 PROHIBITED ACTIVITIES: There shall be no retail, wholesale, or warehousing activity other than that which is clearly incidental to the direct provision of the service. Auto repair on vehicles other than the vehicles of the home owner or occupant of the home is prohibited. Also prohibited are: boat repair, animal hospitals, commercial kennels, funeral parlors or undertaking establishments, antiques shops, nurseries, restaurants, rooming houses, dancing schools, tea rooms, barber shops, beauty shops, and embalming facilities.

1.35.11 ON-PREMISE CLIENT CONTACT: Customer and client contact shall be conducted primarily by telephone or mail, and not on the premises of he home occupation, except those home occupations, such as tutoring, music or swimming lessons, counseling or personal services, which cannot be conducted except by personal contact. Services or sales conducted on the premises shall be by appointment only, and shall not be oriented toward, or attract, off-the-street customer or client traffic.

1.35.12 DELIVERIES: Delivery of materials to and from the premises shall not involve the use of vehicles over two-ton capacity, except parcel post or other similar commercial delivery trucks.

1.35.13 USES PER DWELLING UNIT: There shall not be more than one use constituting a designated home occupation per dwelling unit.

1.35.14 OTHER PROVISIONS: No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, or odors detectable to the normal senses outside of the dwelling unit or accessory building in which the occupation is conducted. No equipment or process shall be used in any home occupation that creates visual or audible electrical interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

1.36.01 COMMON YARDS. OPEN SPACE. AND OFF-STREET PARKING OR LOADING SPACE: No yard, other than open space, off-street parking or loading space required for any building or structure shall be included as a yard, open space or off-street parking or loading space required for any other building or structure, except where permitted through site plan review. This requirement shall not be construed to apply to planned unit developments (PUDs) approved by the board of mayor and aldermen.

1.36.02 STREET ACCESS REQUIRED: Every building or structure hereafter constructed, moved, or structurally altered shall have direct access to a public (dedicated) street and shall be so located as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

1.36.03 FENCES, WALLS, AND HEDGES: Except for the requirements of section 1.31.04 regarding visibility at intersections, fences, walls, and hedges or other densely planted vegetation shall be permitted in any required yard or along the edge of any yard. However, said fences, walls, or dense vegetation shall not exceed a height of four feet in the front yards of single-family residential (R-1 and R-2) and medium density (R-3) districts. Except where such districts abut a multi-family residential use or district or a commercial or industrial use or district, in which case the fence, wall, or dense vegetation may be erected or allowed to grow to a height of eight feet in side and/or back yards.

1.36.04 PARKING AND STORAGE OF VEHICLES REQUIRING LICENSES AND STATE INSPECTION STICKERS: See Ordinance Regulating the Abatement of Inoperable Vehicles within the City of Yazoo City.

1.36.05 PROHIBITED USES: Within the City of Yazoo City, no lot, land, premises, place, or building shall be used, and no buildings or structures shall be erected or placed, which are arranged, intended, or designed for any use that generates environmental pollutants beyond a tolerable level by reason of excessive noise, odor, glare, vibration, smoke, dust, fumes, vapors, gases, liquid and solid waste, radiation, electrical emissions, danger from fire or explosion, or any other debilitating influence as defined by the U.S. Environmental Protection Agency as regulated by the Mississippi Department of Environmental Quality, Bureau of Pollution Control and the Mississippi State Board of Health.

1.36.06 MATERIALS AND GROWTH CONSTITUTING PUBLIC HEALTH AND/OR SAFETY HAZARDS PROHIBITED: No rubbish, salvage materials, junk or hazardous waste materials, including inoperable vehicles and parts and any combustible matter, shall be openly stored, allowed to accumulate, or kept in the open, and no weeds or other growth shall be allowed to go uncut within any district when the same shall be determined by the appropriate city official (the zoning administrator, fire chief, or other authorized city employee) or health official to constitute a menace to the public health and/or a safety.

1.36.07 REQUIRED ENCLOSURE OF GARBAGE DISPOSAL FACILITIES: Upon the effective date of this ordinance , all garbage disposal facilities (i.e., garbage cans, dumpsters, etc.) located on the site of existing (at the effective date of this ordinance) or new multi-family residential mobile home parks, commercial, industrial, or public/ quasi-public uses shall be enclosed at least three sides by solid fencing or other material in a manner that prevents direct visibility of the garbage cans, dumpster, etc., from the street side (or sides) of such uses. Failure to maintain such garbage disposal facilities in a neat and sanitary manner shall constitute a violation of this ordinance and be subject to the penalties imposed herein. All site plans for multi-family residential, mobile home parks, commercial, industrial, or public/quasi-public uses proposed following the effective date of this ordinance shall indicate the location of garbage disposal facilities on the site and the manner (material, etc.) to be used to enclose such facilities.

1.36.08 LARGE TRUCKS PROHIBITED IN PLAITED RESIDENTIAL ZONED SUBDIVISIONS: No person shalt park a large truck, truck tractor, semitrailer, or combination thereof on any public right-of-way in any platted residentially-zoned subdivisions of the city at any time unless such trucks are actively engaged in the loading or unloading of materials, of passengers, or in connection with an approved construction project or work performed on property or properties during daylight hours. For the purpose of these regulations the term "large truck' is defined to include all trucks with either a cargo box or bed in excess of 20 feet long or any motor vehicle greater than 25,999 pounds gross vehicle weight and/or 96 inches in width this requirement is not meant to apply to arterial streets traversing, or adjacent to, residential areas. The term "truck" shall not be construed to mean recreational vehicles, trailers, smaller commercial trucks, and pickup trucks, with or without a canopy, that are not used for commercial purposes and do not have lettering or logos.

(Ord. of 7-15-2019(2))

[1.37.01 PURPOSE OF REQUIREMENTS:]

The purpose of these requirements is to reduce or avoid congestion of streets and to provide a more suitable living and working environment. Such space for parking or loading of motor vehicles, provisions for ingress and egress, and required landscaping shall be provided at the time of the erection of any principal structure, or at the time any principal structure is enlarged or increased in capacity by the addition of dwelling units, guest rooms, floor area, or seats. The responsibility for meeting the requirements established by this ordinance shall be that of whoever establishes the use to which it is appurtenant. Uses located in the central business district are excluded from these requirements.

1.37.02 OFF-STREET PARKING:

A.

General Requirements: Off-street parking and loading space shall be provided in accordance with the following regulations:

1.

Provision of Parking Space on the Same Lot with all Residential Uses: Off-street parking space for all residential land uses shall be provided on the same parcel of land as the residential use to which the parking space is accessory to.

2.

Non-Residential Uses and Off-site Parking: Off-street parking space for all non-residential land uses shall be provided on the same parcel of land as the use to which the parking space is appurtenant; provided, however, that, following site plan review in accordance with SECTION 1.600.11 of this ordinance, the board of mayor and aldermen may authorize in writing an alternative off-site location to the required parking space for such non-residential land uses if:

a.

There are practical difficulties preventing the location of parking space on the same parcel; and/or

b.

The public safety or the public convenience or both would be better served by the location of the required space on a parcel of land other than with the use to which it is an accessory to.

3.

Provision of Access and Maneuver Space: In calculating any required parking area, other than for parking spaces required for single and two-family dwellings, sufficient access and maneuver space shall be provided to permit the parking and removal of any vehicle without moving other vehicles. Furthermore, all parking spaces shall be designed and regulated so that no parking or maneuvering incidental to parking shall be on any public street, sidewalk, or alley.

4.

Parking Space Near Fire Hydrants: Under no circumstances shall any parking space be provided with 15 feet of a fire hydrant.

B.

Schedule of Off-Street Parking Requirements: For the purpose of this ordinance, an "off-street parking space" shall consist of a space sufficient in size to store one full size automobile (minimum of 162 square feet in area) with room for opening doors on both sides. When computing parking space requirements on the basis of the number of persons expected to be on the premises of a particular land use, the maximum number of occupants, practitioners, patrons or employees anticipated to be on the premises at any one time shall be used. When the application of the requirements of this section would result in a fractional space, any such fraction shall be counted as one space. In the case of mixed, compatible subcategories of land use (e.g., as shopping centers containing a grocery store, a furniture store, a motion picture theater, etc.), the parking space required by the schedule below shall equal the sum of the requirements for each of the various uses (subcategories) computed separately. Off-street space for parking and storage of vehicles shall be provided in accordance with the following schedule:

1.

All Residential Uses Other Than Multiple Family Residential: Two spaces per dwelling unit.

2.

Multiple-Family Residential Uses: Two spaces per dwelling unit.

3.

General Business, Commercial or Service Establishments Catering to the Retail Trade: One parking space for each 200 square feet of gross floor area, except for the following prescribed uses:

a.

Hotels and motels: One space for each guest room plus one space for each employee.

b.

Restaurants and similar establishments serving food and beverages: One space for each 75 square feet of floor area devoted to patron use, plus one space for each employee.

c.

Offices of physicians and dentists: Four spaces for each professional staff member.

d.

Other business and professional offices (other than physicians or dentists): One space for each 300 square feet of gross floor area.

e.

Furniture and appliance stores: One space for each 400 square feet of gross floor area.

f.

Theaters, auditoriums and other commercial places of assembly: One space for every four fixed seats.

g.

Gasoline service stations: One space for each employee and five spaces for each wash rack, lubrication rack, repair bay, or similar facility for servicing and incidental repair of motor vehicles (not including said rack or bay as a space).

h.

"Drive-in service" establishments, such as drive-in banking, drive-in "windows" for restaurants, dry-cleaning and laundry establishments and similar uses: In addition to one parking space for every 200 square feet of gross floor area, each such establishment shall have five standing spaces (i.e., spaces for vehicles waiting in line for service) for each teller window or other facility at which customer service is provided.

i.

Motor vehicle repair shops, body shops, etc.: One space for each regular employee, plus one space for each 300 square feet of floor area used for mechanical or body repair.

j.

Motor vehicle sales, machinery sales and equipment sales establishments: Two parking spaces (one customer and one employee) for each 1,000 square feet utilized for the display of vehicles, machinery or equipment for sale, whether or not said area is enclosed. (Note: If a motor vehicle sales establishment is combined with a motor vehicle repair shop, body shop or similar use, one space shall be provided for each employee of the establishment, whether mechanic, salesman, or other, plus one space for every 1,000 square feet of sales display area and one space for every 300 square feet of floor area used for repair).

k.

Grocery stores (excluding convenience type grocery stores): One parking space (for employees and customers) for each 100 square feet of non-storage floor area.

l.

Convenience-type grocery stores: A minimum of four parking spaces for any such use plus one space for each 400 square feet of non-storage area.

m.

Skating rinks and other commercial places of amusement or assembly without a fixed seating arrangement: One parking space for each 75 feet of floor area devoted to use by patrons.

n.

Bowling alley: Five spaces for each bowling lane.

o.

Elementary and junior high schools (or those schools generally educating students through the age of 14): One space for every four students or one space for every four fixed seats (if provided) in any auditorium, gymnasium or other facility for public assembly, whichever is greater, to accommodate parent/visitor parking needs; plus one space for each staff member or other employee of the school.

p.

High schools (or those schools generally educating students 15 years of age or older): One space for every three students or one space for every three fixed seats in any auditorium, gymnasium or other facility for public assembly, whichever is greater, to accommodate student and parent/visitor parking needs; plus one space for each staff member or other employee of the school.

q.

Warehouse, Wholesale and Manufacturing Uses NOT Catering to the Retail Trade: One parking space for each 1,000 square feet of gross floor area, or one parking space for each two employees on the largest shift, whichever is greater; plus one space for each vehicle operating from the premises.

r.

Public/quasi-public facilities and uses: Off-street parking space requirements for public/quasi-public facilities and uses shall be determined based upon a site plan and in accordance with the following schedule of requirements for specific uses:

s.

Churches: One parking space for every five fixed seats in the principal assembly hall or one parking space for every 90 linear inches of pew space, whichever is applicable.

t.

Hospitals: One space for each patient bed, plus one space for each employee determined by the number of employees on the largest shift.

u.

Rest homes, nursing homes, sanitariums, convalescent homes, and institutions: One space for every two patient beds, plus one space for each employee determined by the number of employees on the largest shift.

v.

Libraries, art galleries, and museums, both public and private: One space for each 200 square feet of floor area (excluding storage rooms).

w.

Other public/quasi-public facilities and uses not listed above: The off-street parking requirements for public/quasi- public uses not listed above shall be determined on the basis of a Site Plan submitted in accordance with section 1.600.11 of this ordinance.

C.

Design Standards for Off-Street Parking: All off-street parking shall be provided in accordance with the design standards for off-street parking as prescribed in the latest edition of the Traffic Engineering Handbook, published by the Institute of Transportation Engineers (formerly the Institute of Traffic Engineers), Washington, D.C., or in accordance with other design standards adopted by the Board of Mayor and Aldermen, City of Yazoo City, Mississippi.

1.37.03 OFF-STREET LOADING SPACE REQUIREMENTS: Adequate off-street space for the loading and unloading of vehicles and for vehicles temporarily stopped ("standing") while waiting to be loaded, unloaded, or serviced, shall be provided and maintained for all commercial and industrial uses and any other use involving the receipt or distribution by vehicles of materials, merchandise or other matter on a regular basis. Said space shall be provided and designated, so as not to be construed as the otherwise generally required parking space on the same premises with the use to which it is appurtenant, unless with a recommendation from the public works director and building official, the board of mayor and aldermen authorize in writing an alternative location for such loading or unloading. Unless otherwise specified in this ordinance, loading, unloading, or standing space shall be provided according to the use as recommended by the public works director and building official.

1.37.04 ACCESS WAYS: Developers of public/quasi-public uses, multi-family residential uses, all commercial uses and all industrial uses shall control access along arterial streets upon which the use abuts in accordance with the following regulations:

A.

Access Barrier: Each lot, with its buildings, other structures and parking and loading areas shall be physically separated from each adjoining street by a curb or other suitable barrier against unchanneled motor vehicle ingress or egress. Except for the accessways permitted below, such barrier shall be continuous for the entire length of any lot line adjoining a street.

B.

Number of Accessways Per Lot: A minimum of one accessway per lot, or one accessway for every 100 feet of street frontage.

C.

Width of Accessways: The width of any accessway shall not be less than 20 feet. The alignment of accessways shall be approved in accordance with site plan review procedures specified under section 1.600.21.

D.

Distances between Accessways and Minimum Setbacks from Street Intersections: The spacing of accessways shall conform to the following: (1) at its intersection with the lot line, no part of any accessway shall be nearer than 20 feet to any other accessway on the same lot, nor shall any part of the accessway be nearer than ten feet to any side or rear property line; (2) at intersections with other streets, no part of an access-way shall be permitted within 50 feet of the intersecting streets right-of-way line; and (3) no part of an accessway shall be permitted within a corner radius.

E.

Reduction of Traffic Hazards at Accessways: Accessways shall be constructed so that vehicles will not have to back into the roadway. In addition, the location and number of accessways shall be so arranged that they will reduce the possibility of traffic hazards as much as possible.

F.

Corridor Accessways: Accessways along the defined corridors will be limited to rear access except for public streets. Access cannot be obtained directly from the corridor.

1.40.01 PURPOSE OF THIS ARTICLE: It is the intent of this ordinance to permit nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

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

1.40.02 CERTIFICATION OF NONCONFORMITIES:

A.

Status for Violations of the Zoning Code: The zoning administrator may upon his own initiative, or shall upon the request of any owner, issue a certificate for any lot, structure, use of land, use of structure, or use of land and structure in combination, that certifies that the lot, structure or use is a valid nonconforming use. The certificate shall specify the reason why the use is a nonconforming use, including a description of the extent and kind of use made of the property in question, the portion of the structure or land used for the nonconforming use, and the extent that dimensional requirements are nonconforming. The purpose of this section is to protect the owners of lands or structures that are or become nonconforming. No fee shall be charged for such a certificate. One copy of the certificate shall be returned to the owner and one copy shall be retained by the zoning administrator, who shall maintain as a public record a file of all such certificates.

1.

Illegal Zoning Code Violations. Illegal violations are subject to orders to cease, to prosecution and penalties, and to court ordered termination, without recognition of hardship to owners to cease the illegality.

2.

Nonconformities are legal violations of the current zoning ordinance. A structure, building or use built or installed under the terms of a permit is legally built and conforming to the zoning ordinance in effect when the permit application was approved. Thereafter, those parts of an approved project not in compliance with changes in the ordinance become violations of the changed zoning ordinance.

3.

Nonconformities Under Prior Zoning Ordinances. Nonconformities that were nonconforming under any prior zoning ordinance are lawful under the current zoning ordinance. Their rights, duties, and limitations of nonconformity are those granted or authorized by the current zoning ordinance to all nonconformities. If no zoning regulations were in effect when a use was created or a building or structure was erected or a lot was created and recorded as a lot or record and such use, building, structure or lot does not conform to the provisions of the current zoning ordinance, it is nonconforming under the current zoning code.

4.

An illegality is an illegal violation of the zoning ordinance in effect at the time it occurred or was established and not when it was discovered. If the public authority has no record of its establishment or construction, the owner must prove its legality. If an illegality built under a prior zoning ordinance were to become conforming current zoning code provisions, it is still subject to prosecution under the prior zoning provisions.

5.

Bona fide minor errors in mislocation of a structure that were overlooked during review of a permit application or that were discovered during or after construction creates an illegality that must be corrected by the applicant. But moving a building one foot due to insufficient width of zone yard is an impractical hardship. Thereby, a zoning ordinance might provide a special procedure that allows changes of this illegality to a legal nonconformity. If the mislocation in dimension is ten percent or less of the requirement, it might be waived administratively by the zoning administrator; errors greater than ten percent would be decided by the zoning and planning commission after the usual public notice and hearing.

6.

A lot or situation that is rendered virtually unbuildable but conforming by a change in the zoning code is allowed to seek a variance or exception from current code requirements to allow reasonable use of the lot. The deciding authority is guided by standards listed in the zoning code that avoid or minimize adverse impact on adjoining properties and on neighborhood character and that minimize environmental damage. For example, zoning code provisions that are changed to prohibit construction on slopes of greater than a specified average degree of steepness, a special exception could be sought to allow reasonable use of a specific lot now rendered unbuildable by these changes, by approval of a site plan that provides best available environmental protection of the hillside.

B.

Changes That Create Nonconformities:

1.

Change in the text of the zoning code in which the zoning district on the property is not changed but changes, additions or deletions are made to uses allowed and to dimensional requirements for signs, parking, loading, buffers, zone yards and setbacks, maximum height, maximum dwelling density, floor area ratio or open space. Nonconformities are created where such changes apply to specific lots, tracts or parcels and any uses or structures on them.

2.

Change in the zoning map can create nonconformities for lots, uses or structures existing when the change occurs, since the regulations of the new zone district differ from the prior zoning. Changes in zone district on property can take place by: a rezoning of property based on an application submitted for rezoning which application was approved in which the property is located; by creation of a new jurisdiction that imposes its own and zoning is replaced by that of another jurisdiction.

3.

The cut-off step in the permit approval process after which code changes are grandfathered for a project submitted and approved for zoning permits must be identified in the zoning code nonconformity provisions. The earlier in the sequence of steps of development approval the cut-off step is established, less hardship is created to plans in progress since changes to the conforming code provisions can be less expensively made, but more nonconformities are created on the ground. These projects thereafter are legally nonconforming for the new changed code provisions and are allowed to be built and occupied as such. Development applications that have not yet reached the cut-off step must be revised to reflect the changed zoning provisions. Recent codes accept final plan approval or use permit approval and allow the structure to be built and uses installed as a nonconformity. The cut-off must occur before expiration of the last working day prior to the effective date of the code provision at the close of business hours of the zoning office.

4.

Construction of a development with an approved nonconformity in the plans must be completed within a certain time period set forth in the zoning ordinance. Many codes require a development with nonconformities to be completed within one or two years after final plan approval or within any lesser time period required for building permits for the type of structure proposed.

1.40.03 TYPES OF NONCONFORMITIES: Where the definition of a nonconformity has been given in Section 21 and under section 40, such nonconformities shall be further defined according to one of the types of nonconformities listed below, or combination thereof, for the purpose of regulation.

A.

Nonconforming Undeveloped "Lot of Record": This type of nonconformity is an undeveloped "lot of record" (i.e., part of a subdivision, the map of which has been recorded in the office of the Chancery Clerk of Yazoo County, Mississippi, or a lot described by metes and bounds, the description of which has been recorded in said office) the dimensions of which, subsequent to the passage of this ordinance, do not meet the area or width requirements, or both, of the district wherein such lot is located.

B.

Nonconforming Structure: This type of nonconformity includes anything lawfully constructed or erected with a fixed location on the ground (or attached to something having a fixed location on the ground) prior to the passage of this ordinance, but which subsequently does not comply with the bulk, placement and dimensional requirements of the zoning district wherein located.

C.

Nonconforming Use: This type of nonconformity includes the uses of any land, lot, building, structure, or parts thereof, which lawfully existed prior to the passage of this ordinance but which subsequently does not comply with all or some part of the use requirements of the zoning district wherein located.

D.

Classification of Nonconforming Uses and Structures: Nonconforming uses and structure are those that do not conform to a provision or requirement of this ordinance but were lawfully established prior to the time of its applicability. Upon findings that continuance thereof would not be contrary to the public health, safety or welfare, or the spirit of this ordinance, that the use or structure does not and is not likely to significantly depress the value of nearby properties, that the use or structure was lawful at the time of its inception and that no useful purpose would be served by street application of the provisions or requirements of this ordinance with which the use or structure does not conform.

1.40.04 REGULATIONS CONCERNING NONCONFORMING UNDEVELOPED LOTS OF RECORD:

A.

Erection of Single-Family Dwellings Allowed on Single Nonconforming Undeveloped (or Vacant Lots of Record in Separate Ownerships: In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single nonconforming undeveloped (or vacant) lot of record after the effective date of this ordinance, notwithstanding limitations imposed by other provisions of this ordinance. Such lots must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such single lot of record fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that:

The required yard dimensions and other requirements (than those applying to lot area or width, or both) of the proposed single-family residential use shall conform to the regulations in the district in which such single nonconforming lot of record is located. Variance of yard requirements shall be obtained only through actions of the planning commission and the board of mayor and aldermen (see sections 1.600.10 and 1.600.16 of this ordinance).

(NOTE: Subsection 1.40.03-A provides the explicit guarantee that a single-family dwelling can be erected on any lot of record in a district where single-family dwellings are permitted, provided that yard and other requirements not involving area or width are met. This complies with the established legal principle that an individual must be allowed to do something with his lot. Furthermore, if such lot is too narrow to build a house and yet provide the side yards specified for a particular district, the correct procedure would be for the individual owning the lot to apply for a building permit to the zoning administrator. The zoning administrator, however, has no discretion in the matter and must refer the request to the board of mayor and aldermen for a determination as to whether a variance should be allowed.)

B.

Two or More Nonconforming Undeveloped (or Vacant) Lots of Record with Continuous Frontage Changing Ownership After the Effective Date of This Ordinance: If two or more undeveloped (or vacant) lots in single ownership with continuous frontage are "of record" at the time of enactment of this ordinance, and if, subsequent to the passage of this ordinance, such lots become non-conformities in the district where they are located; and if such lots change ownership (except by inheritance or as a gift) after the enactment of this ordinance, the lands involved shall be considered as undivided parcel for the purposes of this ordinance; and no portion of said parcel shall be used in a manner which diminishes compliance with the lot width and/or lot area requirements established by this ordinance, nor shall any division of any parcel be made that creates a lot width or area (or both) below the requirements stated in this ordinance.

The provisions of this subsection shall not apply to two or more undeveloped lots of record in single ownership with continuous frontage which remain in the same ownership (or if the lots are conveyed by inheritance or as a gift) following enactment of this ordinance. Such lots not changing ownership shall continue to be considered divided parcels; and the owner of such lots may erect single-family dwellings on each lot in districts where single-family dwellings are permitted, subject to the regulations imposed by subsection 1.40.03-A. However, further division of such nonconforming lots of record shall be prohibited.

(NOTE: Subsection 1.40.03-B is intended to prevent the construction of dwelling units at too high a density by individuals purchasing two or more nonconforming vacant lots in continuous frontage after the effective date of this ordinance. At the same time, it is intended to avoid undue harshness with regard to persons who owned such lots prior to the effective date of this ordinance.)

C.

Average Depth of Front Yards:

1.

Interior Lots in R-1 and R-2 residential districts where the average depth of two or more existing front yards, on lots within 150 feet in either direction of the lot in question and within the same block front, is less than the required minimum front yard, the depth of the front yard on such lot shall not be less than the average depth of said existing front yards or the average depth on the two lots immediately adjoining; provided, however, that the depth of a front yard in any "R" district shall be at least ten feet.

2.

Corner lots in R-1 and R-2 residential districts where the average depth of two or more existing front yards, on lots within 150 feet of the lot in question and within the same block front, is less than the required minimum front yard, the depth of the front yard on such lot shall not be less than the average depth of said existing front yards or the depth of the front yard on the lot immediately adjoining; provided, however, that the depth of a front yard in any "R" district shall be at least ten feet and not block the line of sight for motorists.

1.40.05 REPAIRS AND MAINTENANCE OF NONCONFORMING STRUCTURES AND/OR STRUCTURES CONTAINING NONCONFORMING USE: On any nonconforming structure and/or a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on wiring, or plumbing, to an extent not exceeding ten percent of the current replacement cost of the nonconforming structure (to provide the normal upkeep type maintenance plus minor alterations and modernization) and/or such structure containing a nonconforming use, provided that the cubic content existing when it became nonconforming shall not be increased.

If a nonconforming structure and/or a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located. (Note: This provision is intended to reinforce the Standard Building Ordinance adopted by the City of Yazoo City.)

NOTHING IN THIS 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 OFFICIAL CHARGED WITH PROTECTING THE PUBLIC SAFETY, UPON ORDER OF SUCH OFFICIAL.

1.40.06 REGULATIONS CONCERNING SIGNS AS NONCONFORMING STRUCTURES AND/OR NONCONFORMING LAND USES: See Sign chapter of this ordinance for regulations concerning nonconforming signs.

1.40.07 PERMITTED CONDITIONAL USES CONSTITUTE CONFORMING USES: Any land use which is permitted as a conditional use in a particular district under the terms of this ordinance (other than approval by action of the board of mayor and aldermen allowing a change from a nonconforming land use to another nonconforming use shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.

1.45.01 PURPOSE OF MANUFACTURED HOMES: This ordinance recognizes and declares that manufactured homes offer affordable housing opportunities for some Yazoo City residents. It is the intent of this section to allow for the provision of needed and properly planned locations for manufactured housing as defined in this ordinance. It is the purpose here to provide an alternative form of affordable housing in certain residential districts where it is determined that manufactured housing is compatible with surrounding residential areas. Manufactured housing may be allowed in certain residential district to relieve hardship situations. It also may be allowed for the replacement of dilapidated or otherwise poor housing, to place manufactured homes on vacant/undersized lots, and to provide for people needing close attention and care. Mobile homes are not permitted since they do not meet the HUD Code and present safety hazards.

1.45.02 INSTALLATION OF MANUFACTURED HOMES: Manufactured homes must be installed by a licensed installer/transporter licensed by the state fire marshal's office and tied down properly in order to make sure that the home remains stable during a storm. All manufactured homes must be installed/tied down according to one of the following means.

- As described in the installation manual that came with the mobile home; or

- If no manual is available, then use minimum standards available from the state fire marshal's office or from the building inspector's office.

No factory-built home shall be located or relocated in Yazoo City after the effective date of this ordinance if the manufacture date of the factory-built home is over ten years old on the date the permit for location or relocation is submitted to the city.

1.45.03 MANUFACTURED HOME FOUNDATIONS: All manufactured homes shall be placed on a permanent foundation required by 42 U.S. Code 5401 et seq. (preferred) or by a standard blocking procedure using at least a two-foot by two-foot concrete pad.

1.45.04 SKIRTING AROUND MANUFACTURED HOMES: Skirting shall be provided around the bottom of all sides of manufactured homes in the form of brick or stone, solid wood (not lattice work), solid metal, or vinyl. See 1.250.7 and 1.250.09-E of this ordinance.

1.45.05 MANUFACTURED HOME ZONING DISTRICT LOCATIONS PERMITTED: Manufactured homes are permitted outright in manufactured home park residential districts and mixed use residential districts, but may be permitted by special exception in R-3 medium-density residential districts, R-4 multi-family residential districts, and C-1 neighborhood commercial districts.

1.45.06 USE OF MANUFACTURED HOMES IN HARDSHIP, TEMPORARY, OR EMERGENCY SITUATIONS: Special exception situations related to manufactured homes include the following:

1.

Cases in which a manufactured home is needed in order for a person or family member to take care of another family member by reason of advanced age, physical disability, medical or mental problems/hardships.

2.

Cases involving financial hardships. Final determination of financial hardship must be made by the board of mayor and aldermen.

3.

Cases in which a property owner wishes to build his home on a lot while temporarily living in a manufactured home. A one-year time limit is required on each such special exception.

4.

Cases in which an owner wishes to rebuild his home damaged by fire or natural disaster while temporarily living in a manufactured home. A one-year time limit is required on each such special exception.

5.

Cases where emergency housing is needed.

1.45.07 APPLICATION PROCEDURES FOR MANUFACTURED HOMES BY SPECIAL EXCEPTION: See section 1.600.15 of this ordinance.

1.45.08 PERMIT REQUIRED: It shall be unlawful for any person to locate or cause to be located a factory-built home within the City of Yazoo City, Mississippi, for the purpose of occupancy, either temporary or permanent, without having first obtained a permit from the city. The City of Yazoo City may issue a permit to locate a factory-built home only in one of the following places:

a.

Upon a lot properly zoned for factory-built homes and containing the minimum lot size, setback area and other requirements as set forth by the City of Yazoo City Zoning Ordinance; and when used for residential purposes, the factory-built home and the lot upon which the factory-built home is situated, shall be both owned by either:

i.

A resident of the factory-built home; or

ii.

By a member of the resident's immediate family. The term "immediate family" is defined as the spouse, parent, sibling, child, daughter-in-law, son-in-law, aunt, and uncle of the resident.

b.

In a Factory-Built Home Park.

The lot upon which the factory-built home is situated shall not be occupied by another residential structure.

However, nothing contained in this section shall prohibit the renting of a factory-built home, which was located in the City of Yazoo City at the time of the adoption of the City of Yazoo City Zoning Ordinance and which continues to be valid pre-existing nonconforming use as provided for in the City of Yazoo City Zoning Ordinance.

1.45.09 CONSTRUCTION STANDARDS. No factory-built home shall be located or relocated in the City of Yazoo City after the effective date of this ordinance that does not conform to the following terms and requirements:

a.

Was constructed and maintained in accordance with the National Housing Constructed and Safety Standards Act of 1974, as amended (42 USCS 5401 et seq.) ("the act"), and the regulations issued pursuant thereto (the "regulations"), has the data plate, serial number and certification label required by the act and the regulations permanently attached to it; and is otherwise in compliance with the act and the regulations; and

b.

The manufacture date of the factory-built home being sought to be located or re-located in the city is less than ten years prior to the date the permit for location or relocation is submitted to the city.

Any factory-built home that does not meet these requirements shall be a nonconforming factory-built home. If the occupancy of a nonconforming factory-built home is discontinued or abandoned for 90 days, the nonconforming factory-built home shall be removed from the City of Yazoo City within 30 days of notification to do so. A nonconforming factory-built home shall not be moved to another location in the city.

1.45.10 WHEEL REMOVAL AND SKIRTING REQUIREMENTS: All factory-built homes shall have the wheels removed, be located on a permanent concrete pad or permanent foundation, as regulated by the state fire marshal, and have skirting affixed around the base of the factory-built home thereby completely covering all sides of the factory-built home from the concrete pad or foundation to the bottom of the factory-built home. The skirting shall be installed on or within 60 days from the date that a factory-built home is located in the City of Yazoo City. Skirting shall be T-LOC vinyl skirting or an equivalent product that is designed specifically for the purpose of skirting factory-built homes, and which is designed specifically for the purpose of skirting factory-built homes, and which is installed in accordance with the manufacturer's recommendations. Alternatively, the factory-built home may be skirted using metal, masonry, or vinyl materials of uniform color and construction upon approval by the building inspector. All skirting shall provide for access and shall have adequate ventilation. Utility services for the factory-built home shall not be rendered (turned on) until after the skirting is installed. Additionally, the factory-built home must have a front deck or porch and steps with a handrail.

1.45.11 INSPECTION REQUIRED: No factory-built home shall be occupied, rented, leased, re-rented or re-leased without first being inspected by the City of Yazoo City, Mississippi and found to be in compliance with this Ordinance and all other Ordinances of the City of Yazoo City, Mississippi. A $50.00 inspection fee shall be paid by the owner of the factory-built home prior to the factory-built home being occupied by a renter. The owner of the factory-built home or an authorized agent of the owner shall be present during the inspection. No additional inspection fee is required to be paid if the factory-built home is being occupied by the owner and is inspected at the time of registration.

The city building inspector or other appropriate city official shall inspect the factory-built home to determine compliance with this ordinance and with all other ordinances and regulations of the City of Yazoo City, Mississippi, and applicable state statutes, including, but not limited to the following:

1.

Compliance with all setbacks, lot area, lot width and all other requirements of the City of Yazoo City Zoning Ordinance.

2.

All building and construction codes and regulations heretofore adopted by the City of Yazoo City Standard Building Code.

3.

That the factory-built home is in compliance with the Fire Code and other Standard Codes as adopted by the City of Yazoo City, Mississippi: and

4.

Is otherwise in compliance with all other applicable laws, ordinances, codes, and regulations.

In the event that the inspector determines that the factory-built home is not in compliance with this ordinance or any other applicable ordinances as adopted by the City of Yazoo City, the factory-built home shall be brought into compliance within ten days from the date that the applicant is notified that the factory-built home is not in compliance therewith, specifying actions which should be taken in order to come into compliance with this Ordinance or other applicable ordinances. If the factory-built home is not brought into compliance within ten days, the factory-built home shall be removed within 30 days from the date of the original notice. Any owner of a factory-built home who fails to remove the factory-built or bring the factory-built home into compliance within the time periods provided for herein shall be fined not less than $250.00 and not more than $1,000.00 or shall be imprisoned for not more than 90 days or be punished by both such fine and imprisonment. Each day that the violation continues beyond the time frames stated above shall constitute a new and separate offense and may be prosecuted as such.

In the event that the owner of the factory-built home requests that the city perform such an inspection and the factory-built home does not pass the inspection, a fee of $50.00 shall be charged for each additional inspection of the factory-built home to determine compliance.

Any owner of a factory-built home who fails to obtain the necessary inspections and permits prior to the factory-built home being occupied shall be fined not less than $250.00 and not more than $1,000.00 or shall be imprisoned for not more than 90 days or be punished by both such fine and imprisonment. Each day that the violation continues shall constitute a new and separate offense.

All utilities provided to the factory-built homes shall be in the name of the occupant.

1.45.12 REGISTRATION OF TRAVEL TRAILERS: No person shall occupy a travel trailer as a residence, as a part of a residence or for sleeping purposes for more than 14 days within a one-year period except when located in a travel trailer park. All travel trailers located in the City of Yazoo City and used for residential or sleeping purposes for more than 30 days shall be registered with the City of Yazoo City and a registration permit shall be obtained as is required for factory-built homes, and it shall be inspected for compliance with all City ordinances as provided for by this ordinance. A fee of $50.00 shall be charged for such registration and inspection. Travel trailers shall be re-registered and re-inspected every year. A fee of $50.00 shall be charged for such re-registration and re-inspection. This section shall not apply to:

A.

Preachers or ministers who occupy a travel trailer, including motor homes, for sleeping or residential purposes while in the City of Yazoo City, Mississippi for revival or other religious services provided that such preacher or minister does not occupy such travel trailer for more than 30 days in any one year.

B.

Owners of real property who occupy travel trailers, including motor homes, for security purposes during construction of a residence on their property, provided that such owner does not occupy such travel trailer for more than six months.

1.45.13 PENALTIES: Any person who violates any provision of this Ordinance shall be fined not less than $250.00 and not more than $1,000.00 or imprisoned in jail for not more than 90 days or be punished by both such fine and imprisonment, and each and every day that a violation continues shall constitute a new and separate offense, and may be prosecuted as such. Any owner of a factory-built home who fails to obtain the necessary inspections and permits prior to occupying or allowing a renter to occupy or re-occupy a factory-built home and any renter who fails to obtain the necessary rental registration permit or who occupies a factory-built home which is in violation of any of the provisions of this Ordinance shall be fined not less than $250.00 and not more than $1,000.00 or shall be imprisoned for not more than 90 days or be punished by both such fine and imprisonment and each and every day that a violation continues shall constitute a new and separate offense and may be prosecuted as such.

1.45.14 Distinctions: For purposes of application and enforcement of the terms and provisions of this ordinance, there shall be no distinction between factory-built homes that are classified as real property and factory-built homes that are classified as personal property pursuant to Mississippi Code Annotated 27-53-15.

(Ord. of 7-15-2019(1))