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Yazoo City City Zoning Code

ARTICLE IV

- ESTABLISHMENT OF ZONING DISTRICTS; PROVISION FOR OFFICIAL ZONING MAP; REGULATIONS FOR ZONING DISTRICTS

SECTION 1.100 - - ZONING DISTRICTS

For the purpose of promoting public health, safety, morals, or general welfare, the City of Yazoo City, Mississippi, is hereby divided into the following zoning districts:

A-1 Agricultural/Rural District
R-E Residential Estate
R-1 Single-Family Residential District (12,000 sq. ft.)
R-2 Single-Family Residential District (8,000 sq. ft.)
R-3 Medium Density Residential District (3,500 to 6,000 sq. ft)
R-4 Multi-Family Residential District
RM Manufactured Home Residential District
R-MX Mixed Use Residential District
PUD Planned Unit Development District
HC-1 Historic Commercial District
C-1 Neighborhood Commercial District
C-2 Central Business District
C-3 General Highway Commercial District
I-1 Light Industrial District
I-2 Heavy Industrial District
S-1 Special Use Retirement Village District
S-2 Special Planned Highway Corridor District
S-3 Special Use Medical Services District
P-1 Public/Quasi-Public Use
F-1 Floodplain District

 

SECTION 1.101 - - OFFICIAL ZONING MAP

The City of Yazoo City is hereby divided into zones or districts and the aforesaid zoning districts are identified and delineated on a map entitled "Official Zoning Map: City of Yazoo City, Mississippi," together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Zoning Ordinance.

1.101.01 MAP CERTIFIED: The Official Zoning Map shall be identified by the signature of the Mayor of Yazoo City, and attested by the city clerk, and shall bear the seal of the city under the following words: "This is to certify that this is the Official Zoning Map of the City of Yazoo City, Mississippi, as adopted by the Board of Mayor and Aldermen. (Month, Day, Year)."

1.101.02 LOCATION OF OFFICIAL ZONING MAP: Regardless of the existence of purported copies of the official zoning map which may from time to time be prepared or printed, the official zoning map bearing the certificate specified under section 1.101.01 and located in the Yazoo City Hall of shall be the final authority as to the zoning status of land and water areas, buildings, and other structures in the City of Yazoo City.

1.101.03 PUBLIC INSPECTION OF MAP: The official zoning map shall be available for public inspection as provided by law during normal business hours of the City Hall of Yazoo City.

1.101.04 MAP AMENDMENT: If, in accordance with the provisions of this ordinance and statutes of the State of Mississippi, changes are made in the zoning district boundaries or other matters portrayed on the official zoning map, such changes shall be made within 30 days after the amendment has been approved by the board of mayor and aldermen. A record of each change or amendment shall be kept by the zoning official and the city clerk.

A.

Since the official zoning map is part of this ordinance, any amendments to the official zoning map shall be accomplished in accordance with state statutes relating to passage of ordinances. Therefore, before the official map may be amended, an "ordinance of rezoning" shall be drafted and passed by the board of mayor and aldermen in accordance with state law.

B.

No changes of any nature shall be made on the official zoning map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Ordinance and punishable as provided under section 1.600.30.

SECTION 1.102 - - REPLACEMENT OF OFFICIAL ZONING MAP

In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret, the board of mayor and aldermen (by ordinance), shall designate a new official zoning map, which shall replace the prior zoning map. The new official zoning map may correct drafting errors or other omissions on the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and bear the seal of the city under the following words:

"This is to certify that this Official Zoning Map replaces the Official Zoning Map adopted as part of the Zoning Ordinance of the City of Yazoo City, Mississippi, on January 5, 2011."

SECTION 1.103 - - RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following shall apply:

A.

Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines.

B.

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

C.

Boundaries indicated as approximately following city limits shall be construed as following such city limits.

D.

Where the boundary of a district follows a railroad right-of-way, such boundary shall be deemed to be located on the right-of-way line to which it is closest.

E.

Boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines. Boundaries indicated as following banks shall be construed to follow such shorelines, and in the event of change in the shoreline, shall be construed as moving with the actual shorelines.

F.

Boundaries indicated as parallel to or extensions of features indicated in section 1.103, Subsections (a) through (h) above shall be so construed.

G.

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by section 1.103, the zoning administrator shall interpret the district boundaries.

H.

Where a district boundary line divides a lot which was in a single ownership at the time of passage or amendment of this ordinance, the board of mayor and aldermen may permit, as a special exception, the extension of the use not to exceed 50 feet beyond the district line into the remaining portion of the lot.

SECTION 1.150 - - (A-1) AGRICULTURAL DISTRICT

1.150.01 PURPOSE OF THIS DISTRICT: The purpose of this district is to conserve land for agricultural use, to prevent the premature development of land, and to prevent urban and agricultural land use conflicts. It is the intent of this ordinance that such districts be located primarily in those areas of the City of Yazoo City that are not served by the public sewer system. It is further the intent of this ordinance to prevent disorderly scattering of residences on small lots and to prevent the establishment of other urban land uses that would require unreasonable expenditures for public improvements and services.

1.150.02 LAND USES PERMITTED:

A.

Single-family detached dwellings. Only one principal dwelling per lot may be erected in A-1 districts.

B.

Accessory buildings and structures associated with the use of the land for residential purposes. See section 1.31.05: Accessory buildings or uses.

C.

Breeding, raising, and feeding of livestock (i.e., horses, cattle, sheep, goats, mules, pigs, etc.), provided that each such animal herein defined as "livestock" shall be kept on a tract or lot of three acres of land or greater for each such animal. Barns, pens, corrals, and other buildings or enclosures for the keeping of livestock are permitted accessory uses, provided that such buildings or enclosures (excluding open pastures) are located no closer than 150 feet from any adjoining property lines or existing street right-of-way line. However, in accordance with the Animal Control Ordinance of the City of Yazoo City, no hogs, pigs, or other swine shall be kept inside the City of Yazoo City.

D.

Breeding, raising and feeding of chickens, ducks, turkeys, geese, or other fowl, provided that if more than two such fowl are kept on any lot, they shall be kept at least 150 feet from any adjoining property line or existing/proposed street right-of- way line.

E.

Forestry and horticultural uses. The sale of vegetables, fruits and other plants on the premises of a lot in an A-1 zone shall only be allowed if permitted as a special exception (see section 1.600.18).

F.

Public or private recreational or open space facilities, excluding country clubs, which shall be regulated as public/quasi-public facilities or utilities subject to the provisions of section 1.33 of this ordinance.

G.

Home occupations in compliance with section 1.35 of this ordinance.

1.150.03 SPECIAL EXCEPTIONS AS PROVIDED IN SECTION 1.600.15:

A.

Public or quasi-public facilities and utilities in compliance with Section 1.33 and other regulations of this ordinance.

B.

Child care facilities.

C.

Inns or "bed and breakfast inns."

D.

Stables and riding academies, providing that there shall be at least three acres of land for each horse normally kept on the premises.

E.

Plant nurseries and other horticultural uses where vegetables, fruit and other plants are grown on the premises or brought to the premises and maintained there for the purpose of retail sales from said premises. Such other additional products shall be permitted to be sold from the premises as are customarily incidental to the operation of a plant nursery.

F.

Commercial catfish production.

G.

Extraction of minerals, including sand and gravel, provided that when "open-pit" operations are conducted, the operator must obtain required State of Mississippi permits and approvals and provide the Yazoo City Board of Mayor and Aldermen with written proof of same.

H.

Veterinary hospitals and kennels in compliance with the adopted Animal Control Ordinance of the City of Yazoo City.

I.

Animal cemeteries (small domestic animals such as cats and dogs).

1.150.04 DIMENSIONAL REQUIREMENTS:

A.

Maximum Building Height: There shall be no height limitations for barns and agricultural storage buildings provided they do not contain space intended for human occupancy. No habitable floor of any other building shall exceed a height of 35 feet above the finished ground elevation measured at the front line of the building.

B.

Minimum Lot Area:

1.

For lots where City of Yazoo City sanitary sewerage service is not available: Three acres, subject to Yazoo County Health Department approval of all on-site wastewater disposal systems.

2.

For lots where City of Yazoo City sanitary sewerage service is available: One acre. However, if livestock and fowl are to kept on the property, see section 1.150.02 (c) and (d).

C.

Minimum Lot Width: 100 feet; however, see section 1.150.02(c) and (d) when livestock or fowl are to be kept on the premises.

D.

Minimum Yards:

1.

Front yard: 40 feet from the existing right-of-way line to the building setback line.

2.

Side yard and rear yards: 25 feet, except where section 1.150.02(c) or (d) requires a minimum yard of 150 feet from any adjoining property line.

E.

Maximum Buildable Area: No limitation on buildable area.

1.150.05 LAND USES NOT SPECIFICALLY PROHIBITED OR PERMITTED: Proposed land uses not specifically prohibited under the provisions of this subsection shall be subjected to administrative interpretation by the zoning administrator pursuant to section 1.600.08 of the zoning ordinance. A public hearing is required because section 1.600.08 involves amending the text of the zoning ordinance.

SECTION 1.200 - - (R-E) RESIDENTIAL ESTATE DISTRICT

1.200.01 PURPOSE OF THIS DISTRICT: The purpose of this district is to provide for large lot, low-density residential development for persons desiring the amenities afforded by more spacious surroundings. No R-E district shall be located in areas that do not have public sewerage.

1.200.02 LAND USES PERMITTED:

A.

Single-family detached dwellings with only one dwelling per lot.

B.

Accessory uses and structures associated with the use of land for residential purposes. See section 1.31.05: Accessory buildings or uses.

C.

Horticultural uses not involving the sale of produce on the premises.

D.

Home occupations in compliance with section 1.35 of this ordinance.

E.

Public or private recreational or open space facilities, excluding country clubs and the like which shall be regulated as public/quasi-public facilities and utilities subject to the provisions of section 1.33 of this ordinance. All lakes associated with this or any other usage shall comply with the subdivision regulations found in this ordinance.

F.

Breeding, raising, and feeding of grazing livestock (i.e., horses, cattle, sheep, goats, mules, etc.), provided that each such animal herein defined as "grazing livestock" shall be kept on a tract or lot of one acre of land or greater (one acre of land per animal is required). Barns, pens, corrals, and other buildings or enclosures for the keeping of grazing livestock are permitted accessory uses, provided that such buildings or enclosures (excluding open pastures) are located no closer than 50 feet from any adjoining property lines or street right-of-way line. In accordance with the Animal Control Ordinance of the City of Yazoo City, no hogs, pigs, or other swine shall be kept inside the City of Yazoo City.

1.200.03 SPECIAL EXCEPTIONS AS PROVIDED IN SECTION 1.600.15:

A.

Public or quasi-public facilities and utilities in conformance with section 1.33 and other regulations of this ordinance.

B.

Child care facilities.

C.

Inns or "bed and breakfast inns."

D.

Breeding, raising and feeding of chickens, ducks, turkeys, geese, or other fowl, provided that if more than two such fowl are kept on any lot, they shall be kept at least 150 feet from any adjoining property line or existing/proposed street right-of-way line.

1.200.04 DIMENSIONAL REQUIREMENTS:

A.

Maximum Building Height: 35 feet.

B.

Minimum Lot Area: One acre.

C.

Minimum Lot Width: 150 feet.

D.

Minimum Yards:

1.

Front yard: 35 feet from the existing or proposed street right-of-way line to the building setback line.

2.

Side yards: 10 feet, except where section 1.200.03-D requires a greater setback.

3.

Rear yard: 25 feet, except where section 1.200.03-D requires a greater setback.

1.200.05 SWIMMING POOLS: Swimming pools, if constructed, shall be located behind the front line of the house, and there shall be a minimum of ten feet between all property lines or recorded easements and the rim of the swimming pool. All swimming pools shall be enclosed by a structure or fencing. Fencing shall be at least four feet high (see section 1.30 of this ordinance) and shall have a self-latching gate.

1.200.06 OFF-STREET PARKING REQUIREMENTS: See section 1.37 for off-street parking and loading requirements for residential and other uses allowed in residential districts.

1.200.07 REQUIREMENTS REGARDING EXISTING NARROW STREETS AND PROPOSED NEW STREETS: See the subdivision regulations.

1.200.08 SIGNS: See the sign ordinance.

1.200.09 LAND USES NOT SPECIFICALLY PROHIBITED OR PERMITTED: Proposed land uses not specifically prohibited or permitted under the provisions of this subsection shall be subject to administrative interpretation by the zoning administrator pursuant to section 1.600.08 of the zoning ordinance. A public hearing is required because section 1.600.08 involves amending the text of the zoning ordinance.

SECTION 1.210 - - (R-1) SINGLE-FAMILY RESIDENTIAL DISTRICT

1.210.01 PURPOSE OF THIS DISTRICT: The purpose of this district is to promote the preservation and establishment of areas of low density residential development with a minimum lot size of 12,000 square feet. No R-1 districts shall be located in areas that do not have public sewer. All family dwellings shall have driveways made of concrete or asphalt.

1.210.02 LAND USES PERMITTED:

A.

Single-family detached dwellings with only one principal dwelling per lot.

B.

Accessory uses and structures associated with the use of the land for residential purposes. See section 1.31.05: Accessory buildings or uses.

C.

Horticultural uses not involving the sale of produce on the premises.

D.

The keeping of animals in compliance with the City of Yazoo City Animal Control Ordinance.

E.

Home occupations in compliance with section 1.35 of this ordinance.

F.

Public or private recreational or open space facilities, excluding country clubs and the like which shall be regulated as public/quasi-public facilities and utilities subject to the provisions of section 1.33 of this ordinance.

1.210.03 SPECIAL EXCEPTIONS AS PROVIDED IN SECTION 1.600.15:

A.

Public or private recreational or open space facilities, excluding country clubs and the like that shall be regulated as public/quasi-public facilities and utilities subject to the provisions of section 1.600.18 of this ordinance. All lakes associated with this or any other usage shall comply with the Yazoo City Subdivision Regulations.

B.

Child care facilities.

C.

Inns or "bed and breakfast inns."

D.

Railroads and railroad spur tracks.

E.

Personal care homes.

1.210.04 DIMENSIONAL REQUIREMENTS:

A.

Maximum Building Height: 35 feet.

B.

Minimum Lot Width: 90 feet.

C.

Minimum Lot Area: 12,000 square feet.

D.

Minimum Yards:

1.

Front yard: 40 feet from the street right-of-way line to the building setback line.

2.

Side yard: Ten feet.

3.

Rear yard: 25 feet.

1.210.05 SWIMMING POOLS: Swimming pools, if constructed, shall be located behind the front line of the house, and there shall be a minimum of five feet between all property lines or recorded easements and the rim of the swimming pool. All swimming pools shall be enclosed by a structure or fencing. Fences shall be at least four feet in height and shall have a self-latching gate.

1.210.06 OFF-STREET PARKING REQUIREMENTS: See section 1.37.

1.210.07 SIGNS: See sign section in this ordinance.

1.210.08 LAND USES NOT SPECIFICALLY PROHIBITED OR PERMITTED: Proposed land uses not specifically permitted or prohibited under the provisions of this subsection shall be subject to administrative interpretation by the zoning administrator pursuant to section 1.600.08 of the zoning ordinance. A public hearing is required because section 1.600.08 involves amending the text of the zoning ordinance.

SECTION 1.220 - - (R-2) SINGLE- FAMILY RESIDENTIAL DISTRICT

1.220.01 PURPOSE OF THIS DISTRICT: The purpose of this district is to provide areas for the development of medium density, single-family detached dwellings and related compatible uses in relatively spacious surroundings that provide ample, usable open space for leisure time activities. No R-2 district shall be located in areas that do not have public sewerage. All family dwellings shall have a driveway made of concrete or asphalt.

1.220.02 LAND USES PERMITTED:

A.

Single-family detached dwellings with only one principal dwelling per lot.

B.

Accessory uses and structures associated with the use of the land for residential purposes. See section 1.31.05: Accessory buildings or uses.

C.

Horticultural uses not involving the sale of produce on the premises.

D.

The keeping of animals in compliance with the City of Yazoo City's Animal Control Ordinance.

E.

Home occupations in compliance with section 1.35 of this ordinance.

1.220.03 SPECIAL EXCEPTIONS AS PROVIDED IN SECTION 1.600.15:

A.

Public or private recreational or open space facilities, excluding country clubs and the like which shall be regulated as public/quasi-public facilities and utilities subject to the provisions of section 1.33 of this ordinance. All lakes associated with this or any other usage comply with the Yazoo City Subdivision Regulations found in this ordinance.

B.

Child care facilities.

C.

Inns or "bed and breakfast inns."

D.

Railroads and railroad spur tracks.

E.

Personal care homes.

1.220.04 DIMENSIONAL REQUIREMENTS:

A.

Maximum Building Height: 35 feet.

B.

Minimum Lot Area: 8,000 square feet.

C.

Minimum Lot Width: 75 feet.

D.

Minimum Yards:

1.

Front yard: 30 feet from the street right-of-way line to the building setback line.

2.

Side yards: Ten feet.

3.

Rear yard: 25 feet.

1.220.05 SWIMMING POOLS: Swimming pools, if constructed, shall be located behind the front line of the house, and there shall be a minimum of five feet between all property lines or recorded easements and the rim of the swimming pool. All swimming pools shall be enclosed by a structure or fencing. Fences shall be at least four feet in height and shall have a self-latching gate.

1.220.06 OFF-STREET PARKING REQUIREMENTS: See section 1.37 for off-street parking and loading requirements for residential and other uses allowed in R-2 districts.

1.220.07 SIGNS: See sign ordinance.

1.220.08 LAND USES NOT SPECIFICALLY PROHIBITED OR PERMITTED: Proposed land uses not specifically permitted or prohibited under the provisions of this subsection shall be subjected to administrative interpretation by the zoning administrator pursuant to section 1.600.08 of the zoning ordinance. A public hearing is required because section 1.600.08 involves amending the text of the zoning ordinance.

SECTION 1.230 - - (R-3) MEDIUM DENSITY RESIDENTIAL DISTRICT

1.230.01 PURPOSE OF THIS DISTRICT: The purpose of this district is to provide areas for the development of single-family detached and attached (duplexes) houses on smaller lots in which site use efficiency is achieved through design and planning controls including relaxing one side yard requirement. Through design and planning controls, higher densities can be accommodated without sacrificing usable open space, privacy or environmental quality (up to eight dwelling units per acre).

This district is also designed to provide suitable areas for high density residential development where sufficient urban facilities are available or where such facilities will be available prior to development. Most generally this district will be characterized by such residential structures as single-family detached homes (zero lot line homes and patio homes) and single-family attached dwellings (duplexes, townhouses, and multi-family dwellings).

However, it is the intent of this ordinance to not restrict in number the dwelling units contained in a building provided there is sufficient area of zone lot and open space on such lot relative to the number of dwelling units thereon. This district is intended also to permit community facility and public utility installations that are necessary to service and do service specifically the residents of the district, or which installations are benefitted by and compatible with a residential environment.

It is the express purpose of this ordinance to exclude from this district all buildings or other structures and uses having commercial characteristics and not planned as an integral part of a total residential development, whether operated for profit or otherwise. However, special exception uses and home occupations specifically provided for in these regulations for this district shall be considered as not having such characteristics if they otherwise conform to the provisions of this ordinance.

1.230.02 LAND USES PERMITTED: The following uses and their accessory uses are permitted in R-3 districts:

A.

Patio home dwellings.

B.

Zero lot line dwellings.

C.

Townhouse dwellings.

D.

Duplex/two-family dwellings.

E.

Board and rooming houses.

F.

Customary accessory buildings including private garages and non-commercial workshops provided they are located in the rear yard and not closer than eight feet to any lot line. See section 1.31.05: Accessory buildings or uses.

G.

Home occupations in compliance with section 1.35 of this ordinance.

H.

Essential public transport, communication, government, and utility services.

I.

Horticultural uses not involving the sale of produce on the premises.

J.

The keeping of animals in compliance with the City of Yazoo City's Animal Control Ordinance.

K.

Manufactured Homes are permitted if there are existing manufactured homes (two or more) within a 500-foot area around the proposed location site. Applicant must submit petition sign by surrounding property owners (including street addresses and telephone numbers. See section 1.45 of this ordinance and city building official for permitting and installation instructions.

1.230.03 SPECIAL EXCEPTIONS AS PROVIDED IN SECTION 1.600.18: In the R-3, medium-density residential district, the following uses and their accessory uses may be permitted as special exceptions after review and approval in accordance with section 1.600.09.

A.

Public or quasi-public facilities and utilities in conformance with section 1.33 and other regulations of this ordinance.

B.

Community assembly.

C.

Religious facilities.

D.

Educational facilities.

E.

Cultural and recreation services.

F.

Planned developments as regulated in section 1.275.

G.

Associations for physically or mentally handicapped persons.

H.

Family and group care facilities.

I.

Nursing homes.

J.

Retirement or rest homes.

K.

Orphanages.

L.

Family day care home.

M.

Administrative services.

N.

Mobile home parks as regulated in section 1.250.

O.

Radio and television towers, transmission facilities, water storage facilities, and water and sewage treatment plants.

P.

Family day care home.

Q.

Manufactured homes under hardship situations. See section 1.45 of this ordinance.

1.230.04 USES PROHIBITED: Uses not specifically permitted or uses not permitted on approval as a special exception.

1.230.05 DIMENSIONAL REQUIREMENTS:

A.

Minimum Lot Size:

Area - Patio home dwellings 6,000 sq. ft.
 - Zero lot line dwellings 6,000 sq. ft.
 - Duplex dwellings 12,000 sq. ft.
 - Townhouse end dwellings 6,000 sq. ft.
 - Townhouse interior dwellings 3,500 sq. ft.
Area Per Family - Patio home dwellings 6,000 sq. ft.
 - Zero lot line dwellings 6,000 sq. ft.
 - Duplex dwellings 6,000 sq. ft.
 - Townhouse 3,500 sq. ft.
Lot Width at Building Setback Line
 - Patio Home 60 ft.
 - Zero Lot Line Dwellings/Duplexes 75 ft./37.5 ft. for each duplex dwelling
 - Townhouse Dwellings 75 ft.

 

B.

Minimum Size of Development: Five acres.

C.

Minimum Yard Requirements:

1.

Front Yard: 25 feet from the right-of-way line to the building setback line.

2.

Side Yard: 7½ feet for patio homes, duplexes, and zero lot line homes; 15 feet for townhouses and multi-family dwellings.

3.

Rear Yard: 20 feet.

D.

Maximum Lot Coverage: On any lot or parcel of land, the area occupied by all buildings including accessory buildings may not exceed 50 percent of the total area of such lot or parcel.

E.

Maximum Height Requirements: No building shall exceed three stories or 35 feet in height, except as provided in section 1.31.07. In no case shall F.A.A. glide path building height restrictions be exceeded.

1.230.05 SWIMMING POOLS: Swimming pools, if constructed, shall be located behind the front line of the house, and there shall be a minimum of five feet between all property lines or recorded easements and the rim of the swimming pool. All swimming pools shall be enclosed by a structure or fencing. Fences shall be at least four feet in height and shall have a self-latching gate.

1.230.06 OFF-STREET PARKING REQUIREMENTS: See section 1.37 for off-street parking and loading requirements for residential and other uses allowed in R-2 districts.

1.230.07 SIGNS: See sign ordinance.

1.230.08 REQUIRED LANDSCAPING ALONG ARTERIAL STREETS: The developer of any subdivision in an R-3 zone shall comply with the Landscaping Ordinance (if any) for the City of Yazoo City regarding the provision of landscaping along arterial streets upon which the use abuts. Where permitted as special exceptions, the developers of public/quasi-public facilities shall comply with section 1.33.

1.230.09 REQUIRED RESERVATION OR DEDICATION OF OPEN SPACE FOR PATIO HOME SUBDIVISIONS: Where a developer proposes a patio home subdivision, the developer shall provide common open space amounting to 20 percent of the total gross area of the subdivision. Such common open space shall consist of land reserved exclusively for the recreational use of the residents of the patio home subdivision. However, public streets, parking lots and utility easements shall not be considered in meeting the open space requirements of this section. The area from the back of curb to the right-of-way/property line can be considered green space only if the developer is providing improvements such as sidewalks, street trees, fencing, etc. The development plan shall indicate the location and area (in acres) to be so reserved or dedicated for open space or recreational facilities.

1.230.10 MAXIMUM AMOUNT OF COMMON OPEN SPACE COVERED BY WATER: No more than 50 percent of the required amount of open space may be covered by lakes or ponds.

1.230.11 STEEP SLOPES: In reviewing the preliminary subdivision plat for a proposed patio home subdivision, the planning and zoning board shall determine if any land containing slopes of 12 percent or greater may be included in the required common open space. This determination shall be based upon the developer's specific proposed use of the steep slope land. The planning and zoning board shall make a recommendation to the mayor and board as to whether or not any steep slope land should be approved for use in meeting the requirements of this section.

1.230.12 PHYSICAL IMPROVEMENTS: Common open space shall be suitably improved for the intended use, but open space containing natural features worthy of preservation may be left unimproved if such unimproved areas are approved by the board of mayor and aldermen as part of the preliminary subdivision plat review process. All open space improvements shall be shown on the sketch subdivision plat or development plan (approximate locations and dimensions and proposed use) and the preliminary and final plats (precise locations and dimensions and proposed use). Open space improvements may include pedestrian or bicycle trails, tennis courts, recreational buildings and swimming pools or similar facilities.

1.230.13 STAGED DEVELOPMENT OF A PATIO HOME SUBDIVISION: If a patio home subdivision is to be developed in stages or parts, ten percent of each part must be reserved for open space. However, in order to provide usable open space, the amount reserved shall not be less than three-quarters acre. Thus, if a developer proposes to ultimately develop 20 acres of land for patio homes and the first phase will only contain three acres, the developer must reserve at least three-quarters acre for open space for the first part even though 20 percent of three acres is less than three-quarters acre.

1.230.14 PERFORMANCE BOND: Prior to the sale of any lot in a patio home subdivision, the developer may be permitted, at the discretion of the board of mayor and aldermen to post with the city a performance bond of sufficient surety to insure the completion of all proposed open space improvements (where applicable). Such performance bonds must be issued by a company that is licensed and permitted to do business in the State of Mississippi. The street superintendent, the building official, and the city engineer shall determine the amount of the performance bond after reviewing the construction plans for all improvements.

1.230.15 MAINTENANCE/LIABILITY IN THE OPERATION AND USE OF COMMON OPEN SPACE AND RECREATION AREAS NOT DEDICATED TO THE CITY OF YAZOO CITY: Authority granted by the City of Yazoo City for the development of a patio home subdivision shall not be construed as nor constitute an obligation on the part of Yazoo City either for maintenance or liability in the operation and use of common open space and recreational facilities located in the subdivision. At the time the final subdivision plat is submitted for the patio home subdivision, the developer shall submit with his application for final plat approval a legal instrument or instruments which state that the responsibility for liability insurance, taxes, and maintenance of open space and other common facilities shall rest with the owners of the several lots or parcels of land located within the patio home subdivision. In order to insure the integrity of the open space so that it will remain genuinely open, the legal instrument(s) shall specify that the open space restrictions are permanent, not just for a period of years. See also the homeowners association language in the PUD section.

1.230.16 SPECIAL PROVISIONS FOR PARTY WALLS: Within the R-3 zoning district zero-lot line dwellings may be located upon appropriate zone lots, and such dwellings may be subdivided by party wall into two separate zone lots, provided that a preliminary subdivision plat of such development or conversion is approved by the planning and zoning board along with the necessary subdivision plat(s). Moreover, two separate personal, professional, and/or business service oriented land uses connected by a zero lot line may be located on two separate zone lots, being adjoined together by party wall within commercial, or professional and office zoning districts, provided that a plot plan of such development or conversion is approved by the board of adjustment along with the necessary subdivision plat(s). In granting approval of the plot plan, the planning and zoning board shall be guided by the following criteria:

A.

Other than the zero lot line separating the two dwelling units, office units, commercial units or zone lot, all other minimum lot, yard, and density requirements of the zoning district shall be met.

B.

No zero side yards shall be adjacent to any public or private right-of-way.

C.

No portion of a dwelling or architectural features of a structure shall project over any property line.

D.

Where the same interior property line is utilized for the zero side yard construction of any dividing structure, such dividing structure shall consist of double walls separated by a minimum air space of two inches.

E.

Where the same interior property line is utilized for the construction of any zero side yard structure, all the provisions of the Building Code shall be met, and all such fire walls shall have a rating of not less than two hours' duration.

F.

At all points of attachment, such buildings shall be separated from each other by firewalls extending from footings to the underside of the roof deck without openings that would permit the spread of fire.

G.

Individual water and sewer services for each zone lot shall be required.

H.

All the requirements of the Yazoo City Subdivision Regulations shall be met.

I.

All current requirements of the fire ordinance must be satisfied.

1.230.17 DEED COVENANT REQUIREMENTS: Other information that shall be provided relating to deed covenants is as follows:

A.

An agreement covering the status, including the ownership, maintenance, etc., of the common wall separating the units or zone lots.

B.

Adequate language to assure proper maintenance etc., of any portion of the structure where maintenance must be shared (e.g., common roof).

If the correction of a maintenance problem incurred in the dwelling unit or structure on the zone lot on one parcel necessitates construction work or access on the dwelling unit or structure of the other parcel, either parcel owner shall have an easement on the property of the other for the purpose of this construction. Each party shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such owner to call for a larger contribution from the others under any rule or law requiring liability for negligent or willful acts or omissions.

C.

Adequate language to assure that any property divided under this provision shall be continuously subject to the unified plan under which it was originally approved. Such language shall so specifically include clear and precise statements whereby the purchaser is informed that the property may not be used in any manner that would have the effect of negating the unified plan under which original approval was granted and language indicating that the purchaser of any such parcel understands that in no instance within any R-3 zoning district will any such parcel or zone lot be viewed as a separate independent parcel for zoning purposes, other than for the purpose or specific use under which said parcel was originally approved. In relation to commercial and professional and office zero lot line developments, the variation in the setback requirements as cited within the appropriate zoning district shall apply only to the project as originally approved.

D.

Adequate language covering any and all cross access and utility easements as are necessary to assure the proper use and maintenance of all ingress and egress areas, as well as all utility services.

E.

If a fire wall is destroyed or damaged by fire or other casualty, any owner may restore it and if the other owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such owner to call for a larger contribution from the others under any rule or law requiring liability for negligent or willful acts or omissions.

Either parcel owner shall have an easement on the property of the other for the purpose of reconstruction and protection of the remaining unity from the elements.

1.230.18 DEVELOPMENT STANDARDS THAT APPLY TO DUPLEX RESIDENTIAL DWELLINGS, AS WELL AS ZERO LOT LINE TWO-FAMILY DWELLINGS:

A.

Purpose: The provisions set forth herein are intended to apply to all two-family detached dwellings (duplex and zero lot line two-family dwellings) as defined by this ordinance regardless of the district in which such use may be located. It is the express purpose of these provisions to establish design criteria and to provide for the implementing of these provisions by the planning staff in the review of the plot (site) plan required in section 1.600.11 for all zero lot line two-family dwelling developments, or by way of appropriate notations, as well as by architectural and/or perspective illustrations if required by the zoning administrator or board of adjustment, in reviewing the required building permits or subdivision plats pertaining to duplex dwellings. Provided, however, that in any instance where this use is located within a planned unit development, this requirement may be fulfilled by submission of the plans required by the requirements as cited in section 1.600.11.

B.

Design Criteria:

1.

All two-family detached units constructed on individual lots shall be designed to closely resemble in appearance the other housing units in the neighborhood. Particular attention should be paid to locating only one entrance door servicing the front of the structure.

2.

Exterior building materials shall be of the same type and quality of other dwelling units in the neighborhood or on adjoining lots.

3.

Each dwelling unit shall be provided with reasonable visual and acoustical privacy. Fences, walks, and landscaping shall be provided for the protection and aesthetic enhancement of the development and privacy of the occupants, as well as the screening of objectionable views or uses, and the reduction of noise when required by the zoning administrator.

4.

The appearance and character of the site shall be preserved, as appropriate, and enhanced by retaining and protecting existing trees and other site features. Additional new plant material shall be added for privacy, to enhance the beauty of buildings and grounds, and to screen objectionable features.

C.

Lots: The minimum lot size required for any such dwelling shall be as stipulated by the development area per dwelling unit as provided in each respective district.

D.

Parking:

1.

These requirements shall supplement the parking provisions contained in section 1.37.

2.

No off-street parking areas shall be located in the front of the structure. Every effort shall be made to locate some of the required off-street parking in the rear yard, as well as in the side yard.

3.

Garages/carports are required and must be located in the rear of the dwellings.

1.230.19 LAND USES NOT SPECIFICALLY PROHIBITED OR PERMITTED: Proposed land uses not specifically permitted or prohibited under the provisions of this subsection shall be subject to administrative interpretation by the zoning administrator pursuant to section 1.600.08 of the zoning ordinance. A public hearing is required because section 1.600.08 involves amending the text of the zoning ordinance.

SECTION 1.240 - - (R-4) MULTI-FAMILY RESIDENTIAL DISTRICT

1.240.01 PURPOSE OF THIS DISTRICT: The purpose of this district is to provide areas for the development of higher density multi-family (i.e., three or more) residential uses with adequate, usable open space to prevent overcrowding. It is the intent of this ordinance that these districts be care-fully located only in areas where the infrastructure of the city (i.e., the street/highway system, storm drainage and water and sanitary sewer systems) is adequate to serve such higher density housing. No site plan for the development of high density multi-family residential uses shall be approved by the board of mayor and aldermen unless all such infra-structure is actually in place at the time of such site plan approval.

The use of this district is appropriate as a transition between low density (R-1) or moderate density (R-2 or R-3) residential districts and higher intensity uses, such as commercial uses or limited industrial (I-1) uses, that are not compatible with lower density residential environment. Multi-family residential districts (R-4) shall have access directly onto streets/highways that are classified as principal arterials or minor arterials on the adopted thoroughfares plan; such access shall not be provided by means of a driveway through land zoned for other purposes or by means of a driveway through other property that is not a part of the proposed multi-family development.

All multi-family residential uses shall be properly landscaped and screened from other uses and access/egress to apartment or condominium complexes shall be provided in accordance with the landscaping chapter of this ordinance.

Entrances to all units must be through an interior hallway. No outside entrance will be allowed including patio entrances on ground floors.

1.240.02 LAND USES PERMITTED: The following uses are permitted outright in R-4 districts subject to the regulations prescribed herein.

A.

Multi-family dwellings including apartments and condominiums as defined in the definitions section of this ordinance.

B.

Accessory uses or structures in multi-family residential complexes, including laundromats, vending machine centers, recreational buildings, swimming pools, tennis courts, and similar uses and structures incidental to multi-family buildings. Such uses and structures shall be reserved exclusively for use by residents and guests of residents of the multi-family complex. See also section 1.31.05: Accessory buildings or uses.

C.

The keeping of animals in compliance with the City of Yazoo City's Animal Control Ordinance.

D.

Home occupations in compliance with section 1.35 of this ordinance.

1.240.03 SPECIAL EXCEPTIONS USES AS PROVIDED IN SECTION 1.600.18:

A.

Public or quasi-public facilities and utilities in compliance with section 1.33 and other regulations of this ordinance.

B.

Child care facilities.

C.

Railroads and railroad spur tracks.

D.

Manufactured Homes under hardship situations. See section 1.45 of this ordinance.

1.240.04 DIMENSIONAL REQUIREMENTS FOR ALL MULTI-FAMILY USES:

A.

Maximum Height: Two stories, unless additional stories are specifically approved by the board of mayor and aldermen at the time the site plan is approved.

B.

Minimum Lot Area: Five acres, but not more than 20 acres and not adjacent to existing or proposed multi-family housing.

C.

Maximum Density: Ten dwelling units per gross acre.

D.

Minimum Lot Width: 200 feet at the required building setback line.

E.

Minimum Yards:

1.

Front yard: 200 feet from the right-of-way line. This yard shall be a landscaped open area with no encroachments permitted including parking lots, patios or swimming pools, or other paved areas except for entrance/exit driveways.

2.

Side and rear yards: 50 feet from each side lot line or rear lot line to any building, except where a side or rear lot line abuts an R-1, R-2 district, in which case the side yard or rear yard shall be 100 feet from any building to the lot line abutting the R-1, or R-2 district. This yard shall be a landscaped open area with no encroachments permitted including driveways, parking lots, patios or swimming pools, or other paved areas.

3.

Minimum Space Between Buildings: No principal building or accessory building shall be constructed nearer than 50 feet to any other principal building or accessory building.

1.240.05 REQUIREMENTS FOR OFF-STREET PARKING, LOADING AND ACCESS: For reasons of fire safety all proposed apartment or condominium complexes shall provide at least two separate points of ingress/egress to/from the complex. Spacing requirements for these access points are provided under section 1.37. Developers of any proposed apartment or condominium complex or permitted special exception shall comply with parking and loading requirements included under section 1.37. All roads and parking areas shall be curbed and guttered.

1.240.06 SIGNS: See sign ordinance.

1.240.07 SITE PLAN REQUIRED: The developer of any apartment or condominium complex shall submit a site plan to the board of adjustment in accordance with section 1.600.11 in this ordinance.

1.240.08 REQUIRED OPEN SPACE RESERVATION FOR ALL MULTI-FAMILY RESIDENTIAL DEVELOPMENTS: A minimum of 30 percent of the gross site area to be developed for a condominium or apartment complex shall be devoted to open space. In calculating this open space requirement, the front, side, and rear yards may be included. Parking lots and driveways, however, may not be included in calculating this required open space. Such common open space shall consist of land reserved exclusively for the recreational use of the residents of the apartments or condominiums. The site plan shall indicate the location and area (in acres) to be so reserved or dedicated for open space or recreational facilities. On-site maintenance, management and security is also required.

1.240.09 MAXIMUM AMOUNT OF COMMON OPEN SPACE COVERED BY WATER: No more than 50 percent of the required amount of open space may be covered by lakes or ponds.

1.240.10 STEEP SLOPES: In reviewing the preliminary subdivision plat for a proposed apartment or condominium complex, the planning and zoning board shall determine if any land containing slopes of 12 percent or greater may be included in the required common open space. This determination shall be based upon the developer's specific proposed use of the steep slope land. The planning and zoning board shall make a recommendation to the mayor and board as to whether or not any steep sloped land should be approved for use in meeting the requirements of this section.

1.240.11 PHYSICAL IMPROVEMENTS: Common open space shall be suitably improved for the intended use, but open space containing natural features worthy of preservation may be left unimproved if such unimproved areas are approved by the board of mayor and aldermen as part of the site plan review process. All open space improvements shall be shown on the site plan. Open space improvements may include pedestrian or bicycle trails, tennis courts, recreational buildings and swimming pools or similar facilities.

1.240.12 STAGED DEVELOPMENT OF A MULTI-FAMILY RESIDENTIAL DEVELOPMENT: If a multi-family residential development is to be developed in stages or parts, 30 percent of the gross site area of each part shall be reserved for open space.

1.240.13 PERFORMANCE BONDS: Prior to the sale of any condominium or the rental/ lease of any apartment, the developer may be permitted, at the discretion of the board of mayor and aldermen, to post with the city a performance bond of sufficient surety to insure the completion of all proposed open space improvements (where applicable). The street superintendent, the building official, and the city engineer shall determine the amount of the performance bond after reviewing the construction plans for all improvements.

1.240.14 REQUIRED LANDSCAPING ALONG ARTERIAL STREETS: Developers of multi-family residential uses in R-4 zones shall comply with the landscaping ordinance (if any) regarding the provision of landscaping along arterial streets upon which the use abuts. Where permitted as special exceptions, the developers of public/quasi-public facilities or child care facilities shall also comply with section 1.600.09.

1.240.15 WATER AND SEWER CONNECTIONS: Yazoo City Municipal Utilities will notify developer of water and sewer connections and type of meters.

1.240.16 REFUSE COLLECTION FACILITIES: The owner, or his authorized representative, of a multi-family residential development shall provide adequate refuse collection stations approved by the City of Yazoo City for the proper storage of all refuse produced by residents of the multi-family residential development, and shall be responsible for the cleanliness of the premises. The owner shall be responsible for the removal/collection of any refuse deposited at the collection stations.

1.240.17 LAND USES NOT SPECIFICALLY PROHIBITED OR PERMITTED: Proposed land uses not specifically permitted or prohibited under the provisions of this subsection shall be subject to administrative interpretation by the zoning administrator pursuant to section 1.600.08 of the zoning ordinance. A public hearing is required because section 1.600.08 involves amending the text of the zoning ordinance.

SECTION 1.250 - - (R-M) MANUFACTURED HOME PARK RESIDENTIAL DISTRICT (R-M)

1.250.01 PURPOSE OF THIS DISTRICT: The purpose of this district is to provide for properly planned manufactured home parks on medium lots. It is the intent of this Ordinance that these districts may be located only in such areas as to not adversely affect the established residential subdivisions and residential densities in the city. Such location, however, shall have necessary public services; a healthful living environment and normal amenities associated with residential zones and comply with all the ordinances and regulations of the City of Yazoo City.

(NOTE: This zone will be considered a "floating zone" and any person desiring to establish a manufactured home district would have to locate the development in a medium density residential district according to the land use plan, which currently does not specifically identify areas for this type of business, and an amendment to the official zoning map.)

1.250.02 LAND USES PERMITTED:

A.

Single-family detached dwellings with only one principal dwelling per lot.

B.

Single-family manufactured homes, either owner-occupied or on a rental or lease basis.

C.

Home occupations in compliance with section 1.35 of this ordinance.

D.

Accessory uses and structures as defined under section 1.31.05 of this ordinance.

E.

The keeping of animals in compliance with the City of Yazoo City's Animal Control Ordinance.

F.

Public or private recreational or open space facilities, excluding country clubs and the like which shall be regulated as public/quasi-public facilities and utilities subject to the provisions of section 1.33 of this ordinance. Lakes deeded to a homeowner's association shall comply with the Yazoo City Subdivision Regulations.

G.

Horticulture uses not involving the sale of produce on the premises.

1.250.03 SPECIAL EXCEPTIONS AS PROVIDED IN SECTION 1.600.15:

A.

Public or quasi-public facilities and utilities in compliance with section 1.33 and other regulations of this ordinance. An example of a quasi-public building in an R-M district might involve a manufactured home park owner who wishes to allow a civic club to use a building on the same property with the manufactured home park for meetings, etc.

B.

Railroads and railroad spur tracks.

C.

Child care facilities.

1.250.04 DIMENSIONAL REQUIREMENTS:

A.

Minimum Size of Development: Five acres.

B.

Maximum Density: The maximum density shall not exceed 5.4 manufactured homes per gross acre.

C.

Maximum Building Height Within Manufactured Home Districts: 25 feet.

D.

Minimum Manufactured Home Space (Lot) Area Within the District: 8,000 square feet.

E.

Minimum Lot Width: 75 feet measured at the front set-back line.

F.

Required Set-Backs for Individual Manufactured Home Lots Within the District:

1.

Front yards: There shall be a minimum distance of 35 feet between an individual manufactured home and the proposed or existing right-of-way of any street or road.

2.

Side yards: There shall be a minimum distance of eight feet between all manufactured homes and the side yard lot lines of each manufactured home space (lot). On corner lots there shall be a minimum side yard of 25 feet on the corner side.

3.

Rear yards: There shall be a minimum distance of 25 feet between all manufactured homes and the rear yard lot lines of manufactured space (lot).

G.

Accessory Buildings or Uses: Accessory buildings shall be located in the rear yard. Accessory buildings or uses shall be located a minimum distance of ten feet away from all manufactured homes and side and rear lot lines.

1.250.05 OFF-STREET PARKING REQUIREMENTS: See Section 1.37 for the off-street parking requirements of this ordinance.

1.250.06 SIGNS: See sign ordinance.

1.250.07 BUILDING PERMIT REQUIRED: Prior to the connection of utilities (water, sewer, gas, electricity) to serve any manufactured home located in a manufactured home district, the owner of the manufactured home, or the owner (or his authorized representative) of the manufactured home development, shall apply for a building permit. All electrical wiring, plumbing and gas connections will be performed in accordance with the adopted electrical, plumbing, and gas codes by qualified, licensed, and bonded electricians and plumbers.

Furthermore, any person responsible for placing a manufactured home in a manufactured home district shall comply with the tie down standards prescribed in the installation instructions supplied with the manufactured home or follow the instructions from the state fire marshal's office.

1.250.08 MANUFACTURED HOME STANDS OR "PADS": Each manufactured home stand or "pad" shall be provided with permanent paved runners, patio, parking area (concrete or asphalt driveway) and a permanent skirting made of brick or stone.

1.250.09 COMPATIBILITY REQUIREMENTS OF ALL MANUFACTURED HOMES:

A.

Roof Pitch: The roof shall have a pitch of not less than five-inch vertical rise for each 12 inches of horizontal run.

B.

Roof Materials: Wood shakes, asphalt shingles, composition or wood shingles, or tile.

C.

Roof Overhang: Minimum 12 inch overhang.

D.

Siding Materials: Exterior siding shall be made of nonreflective or nonmetallic materials; acceptable siding materials include wood, stucco, brick, stone or other masonry materials or any combination of these materials.

E.

Skirting and Foundation Wall Materials: Materials for a foundation wall or skirting shall be made of brick or stone. All manufactured homes shall be placed on a permanent foundation required by 42 U.S. Ordinance 5401 et seq.

F.

Driveway Materials: All manufactured homes shall have a driveway made of concrete or asphalt.

G.

Minimum Width: Double Wide.

H.

Garage: All home sites shall be required to have a rear load garage that matches the existing architectural features; including but not limited to, roof pitch, color, siding, shingles or shakes.

1.250.10 LAND USES NOT SPECIFICALLY PROHIBITED OR PERMITTED:

Proposed land uses not specifically permitted or prohibited under the provisions of this subsection shall be subject to administrative interpretation by the zoning administrator pursuant to section 1.600.08 of the zoning ordinance. A public hearing is required because section 1.600.08 involves amending the text of the zoning ordinance.

SECTION 1.260 - - (R-MX) MIXED USE RESIDENTIAL DISTRICT

1.260.01 PURPOSE OF THIS DISTRICT: The purpose of this district is to provide for an area that allows manufactured homes in the same neighborhood as site-built homes to reflect an existing situation.

1.260.02 LAND USES PERMITTED:

A.

Single-family detached dwellings with only one principal dwelling per lot.

B.

Single-family manufactured homes with only one principal dwelling per lot.

C.

Home occupations in compliance with section 1.35 of this ordinance.

D.

Accessory uses and structures as defined under section 1.31.05 of this ordinance.

E.

The keeping of animals in compliance with the City of Yazoo City's Animal Control Ordinance.

F.

Public or private recreation or open space facilities, excluding country clubs and the like which shall be regulated as public/quasi-public facilities and utilities subject to the provisions of section 1.33 of this ordinance. Lakes deeded to a homeowner's association shall comply with the Yazoo City Subdivision Regulations.

G.

Horticultural uses not involving the sale of produce on the premises.

1.260.03 SPECIAL EXCEPTIONS AS PROVIDED IN SECTION 1.600.15:

A.

Child care facilities.

B.

Personal care homes.

1.260.04 DIMENSIONAL REQUIREMENTS:

A.

Maximum Building Height: 35 feet.

B.

Minimum Lot Area: 8,000 square feet.

C.

Minimum Lot Width: 75 feet.

D.

Minimum Yards:

1.

Front yard: 30 feet from the street right-of-way line to the building setback line.

2.

Side yards: Ten feet.

3.

Rear yard: 25 feet.

1.260.05 SWIMMING POOLS: Swimming pools, if constructed, shall be located behind the front line of the house, and there shall be a minimum of five feet between all property lines or recorded easements and the rim of the swimming pool. All swimming pools shall be enclosed by a structure or fencing. Fences shall be at least four feet in height and shall have a self-latching gate.

1.260.06 OFF-STREET PARKING REQUIREMENTS: See section 1.37 for off-street parking and loading requirements for residential and other uses allowed in R-MX districts.

1.260.07 SIGNS: See sign ordinance.

1.260.08 LAND USES NOT SPECIFICALLY PROHIBITED OR PERMITTED:

Proposed land uses not specifically permitted or prohibited under the provisions of this subsection shall be subjected to administrative interpretation by the zoning administrator pursuant to section 1.600.08 of the zoning ordinance. A public hearing is required because section 1.600.08 involves amending the text of the zoning ordinance.

SECTION 1.275 - - ("PUD") PLANNED UNIT DEVELOPMENT DISTRICT

1.275.01 PURPOSE OF THIS DISTRICT: The purposes for establishing planned unit development ("PUD") districts are:

A.

To provide for the development of relatively large land areas as total cohesive and coordinated units, rather than development on a lot-by-lot basis.

B.

To permit more flexible and advantageous use of sites, especially with regard to natural features of the landscape, through the relaxation of conventional zoning requirements including minimum lot size and minimum lot width, while at the same time retaining approximately the same overall density as would ordinarily apply if the same areas were developed by conventional methods. (Note: However, minimum yard requirements are the same as for conventional districts.)

C.

To help reduce the cost of residential development by allowing more dwelling units per gross acre than could be built in a conventional low density subdivision (due to the extensive space requirements of streets rights-of-way, utility easements, etc., in a conventional subdivision) and by reducing the length of streets and utility extensions through concentration or clustering of housing.

D.

To provide for the development of sites in which land not used for structures and yards but not required by the basic zoning of the site shall be reserved collectively in contiguous units accessible to all dwellings within the PUD as open space; this open space will provide recreational opportunities for the residents of the PUD, and will also afford improved, safer pedestrian circulation within the PUD.

1.275.02 LAND USES PERMITTED: The following uses are permitted outright in PUD districts subject to the regulations prescribed herein:

A.

Single-family detached dwellings (only one main structure per lot).

B.

Accessory uses and structures as defined under section 1.31.05 of this ordinance.

C.

Horticultural uses not involving the sale of produce on the premises.

D.

The keeping of animals in compliance with the City of Yazoo City's Animal Control Ordinance.

E.

Home occupations in compliance with section 1.35 of this ordinance.

1.275.03 SPECIAL EXCEPTIONS AS PROVIDED IN SECTION 1.600.15:

A.

Public or quasi-public facilities or utilities may be considered for location in a PUD district in compliance with section 1.33 of this ordinance.

B.

Child care facilities.

C.

Railroads and railroad spur tracks.

D.

Private recreational or open space facilities, excluding country clubs and the like which shall be regulated as public/quasi-public facilities and utilities subject to the provisions of section 1.33 of this ordinance. Lakes deeded to a homeowner's association or dedicated (public) to the City of Yazoo City shall comply with Yazoo City Subdivision Regulations.

1.275.04 DIMENSIONAL REQUIREMENTS:

A.

Minimum Size of PUD: The minimum size of any PUD shall be five acres.

B.

Maximum Residential Development Density: The basic control of residential development density shall be the density requirement of the particular conventional district (i.e., R-1 or R-2) over which the PUD is superimposed. The maximum density shall be calculated by dividing 43,560 square feet by the minimum lot size and then multiplying that quotient by the total gross acreage to be included in the PUD. Example: If a subdivider proposes to develop a 30-acre tract zoned "R-1" as a PUD, the basic control of density is that of the R-1 district: 43,560 square feet divided by 12,000 square feet (minimum lot size in R-1 districts), resulting in a quotient of 3.6 lots or dwelling units; 30 acres multiplied by 3.6 = 108 lots or single-family detached dwelling units.

(Note: This method for calculating residential development density can not be used for conventional subdivisions, since conventional subdivisions require more land for street rights-of-way, utility easements, etc., than do PUDs in which development is concentrated.)

C.

Minimum Lot Size: No minimum.

D.

Minimum Lot Width: No minimum.

E.

Maximum Height: 35 feet, unless greater height is specifically approved by the board of mayor and aldermen.

1.275.05 SWIMMING POOLS: Swimming Pools shall meet the requirements of R-1 or R-2 zoning, whichever the property is zoned.

1.275.06 REQUIREMENTS FOR OFF-STREET PARKING, LOADING AND ACCESS CONTROL: See section 1.37 regarding parking, loading and access control requirements.

1.275.07 SIGNS: See sign ordinance.

1.275.08 PLANNED UNIT DEVELOPMENTS SHALL BE SUPERIMPOSED DISTRICTS: A planned unit development shall be a superimposed designation on an existing low density residential district (R-1, or R-2), thereby providing a broader latitude of design of design to achieve the purposes stated under section 1.275.01. As a superimposed designation, planned unit developments shall be subject to the overall density requirements of the low density residential district over which they are superimposed. The maximum residential density shall be calculated as prescribed under section 1.275.04-A.

1.275.09 PRELIMINARY SUBDIVISION PLAT APPROVAL REQUIRED PRIOR TO DESIGNATION OF PLANNED UNIT DEVELOPMENT ON OFFICIAL ZONING MAP: Any person desiring to subdivide land for purposes of creating a PUD shall first prepare and submit a sketch plat (or "development plan" if the PUD is proposed to contain uses other than single-family detached residences) to the director of building and development in accordance with the subdivision regulations. All sketch plats for proposed PUD shall be reviewed by the planning and zoning board as well as the street superintendent and the city engineer.

1.275.10 REZONING REQUIRED FOR DEVELOPMENT OF PORTION OF PUD FOR TOWNHOUSES, PATIO HOMES, MULTI-FAMILY RESIDENTIAL OR COMMERCIAL USES: If a person desires to reserve a portion of a proposed planned unit development for townhouses, patio homes, or multi-family residential uses (condominiums or apartments), and such areas are not zoned appropriately for such densities, he shall submit an application for rezoning in accordance with section 1.600.19 of this ordinance indicating which areas he desires to be rezoned to R-3, R-4.

Likewise, portions of a PUD may be reserved for commercial use by applying for the appropriate commercial zoning if the subject land is not zoned commercial on the official zoning map.

If the sub-divider wishes to reserve portions of the proposed PUD for moderate density or high density residential development or commercial use, such areas shall be shown on a sketch plat or "development plan," which shall be submitted with an application for rezoning. A rezoning to permit such residential densities or commercial uses shall only by approved upon the condition that the preliminary plat and individual site plans (for the high density residential or commercial development) substantially conform to the sketch plat or development plan.

1.275.11 DIMENSIONAL REQUIREMENTS FOR TOWNHOUSES, PATIO HOMES, MULTI-FAMILY RESIDENTIAL AND COMMERCIAL PORTIONS OF A PUD: If an application for rezoning is approved to allow portions of a PUD to be used for townhouses, patio homes, condominiums or apartments, or some commercial classification, the dimensional requirements of the appropriate district shall apply.

1.275.12 REQUIRED LANDSCAPING ALONG ARTERIAL STREETS: Landscaping along arterial streets upon which the Planned Unit Development abuts is required.

1.275.13 COMMON OPEN SPACE REQUIREMENTS FOR PLANNED UNIT DEVELOPMENTS: Common open space shall be provided as a condition to the approval of a planned unit development. Such common open space shall consist of land reserved exclusively for the recreational or environmental amenity for collective enjoyment by the PUD residents and owned and maintained by the residents through a homeowner's association. Common open space shall be integrated throughout the PUD, easily accessible to all the residents. The sketch plat or Development Plan shall indicate the location and area (in acres) to be so reserved for open space or recreational facilities.

A.

Minimum Percentage of Land Reserved as Common Open Space: In any PUD the amount of land not used by residential buildings, accessory structures and yards, but required by the residential zoning of the site shall be reserved as common open space. Common open space shall comprise at least 25 percent of the gross area (total acreage) of the PUD as shown on the required development plan. Public or private streets, driveways, parking lots (for example, a parking lot for a PUD recreational building), or utility easements shall not be considered in meeting the open space requirements of this section.

B.

Maximum Amount of Common Open Space Covered By Water: No more than 50 percent of the required amount of open space may be covered by water (lakes, ponds, streams, etc.).

C.

Steep Slopes: In reviewing the preliminary subdivision plat for a proposed planned unit development, the planning and zoning board shall determine if any land containing slopes of 12 percent or greater may be included in the required common open space. This determination shall be based upon the developer's specific proposed use of the steep slope land. The planning and zoning board shall make a recommendation to the mayor and board as to whether or not any steep slope land should be approved for use in meeting the requirements of this section.

D.

Physical Improvements: Common open space shall be suitably improved for the intended use, but open space containing natural features worthy of preservation may be left unimproved if such unimproved areas are approved by the board of mayor and aldermen as part of the preliminary subdivision plat review process.

All open space improvements shall be shown on the sketch subdivision plat or development plan (approximate locations and dimensions and proposed use) and the preliminary and final plats (precise locations and dimensions and proposed use). Open space improvements may include pedestrian (nature trails) trails, tennis courts, include or bicycle recreational buildings and swimming pools or similar facilities.

E.

Staged Development of a Planned Unit Development: If a planned unit development is to be developed in stages or parts and the first part is to consist of the minimum of five acres, 20 percent must be reserved for open space, or 1.0 acres. The open space requirements for subsequent parts or phases shall be calculated based upon the total open space requirement for the entire subdivision, including the initial phase or phases. Thus, if a developer proposes to ultimately develop 40 acres of land for a planned unit development and the first phase will only contain five acres, the developer must reserve a total of at least 8 acres for the entire subdivision, which may include the 1.0 acres reserved for the first part.

F.

Performance Bond Required: Prior to the sale of any lot in a planned unit development, the developer shall post with the city a performance bond of sufficient surety to insure the completion of al proposed open space improvements (where applicable). The street superintendent and the city engineer in conjunction with the developer shall determine the amount of the performance bond after reviewing the construction plans for all improvements.

G.

Areas Not Dedicated to the City of Yazoo City: Authority granted by the City of Yazoo City for the development of a PUD shall not be construed as nor constitute an obligation on the part of Yazoo City either for maintenance or liability in the operation and use of common open space and recreational facilities located in the PUD.

At the time the final subdivision plat is submitted for a PUD, the developer shall submit with his application for final plat approval a legal instrument or instruments which state that the responsibility for liability insurance, taxes and maintenance of open space and other common facilities shall rest with the owners of the several lots or parcels of land located within the PUD. In order to insure the integrity of the open space so that it will remain genuinely open, the legal instrument(s) shall specify that the open space restrictions are permanent, not just for a period of years.

H.

Maintenance of Common Open Space: As a part of the plans proposed for the PUD, the developer shall submit a set of covenants running with the land providing for a maintenance organization to maintain the common open space. The provisions establishing the maintenance organization shall include, but not be limited to, the following:

1.

The maintenance organization must be set up before the homes are sold.

2.

Membership must be mandatory for each home buyer and any successive buyer.

3.

The open space restrictions must be permanent, not just for a period of years.

4.

The organization must be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities.

5.

Home owners must pay their pro rata share of the cost; the assessment levied by the organization can become a lien on the property.

No PUD shall be approved until the foregoing legal instrument setting forth a plan for permanent care and maintenance of common open space areas and recreational facilities is approved by the city attorney as to legal form and effect.

I.

Coordination with Subdivision Regulations:

1.

A detailed development plan of the proposed PUD shall be submitted to the board of mayor and aldermen for site plan review in accordance with section 1.600.11 of this ordinance.

2.

Subdivision review under the subdivision ordinance shall be carried out simultaneously with the review of the PUD development plan under this section of the zoning ordinance.

3.

The development plans submitted under this section shall be submitted in a form that will satisfy the requirements of the subdivision ordinance for preliminary and final plats.

4.

There shall be no deviation from the approved development plan until such deviation has been approved by the board of mayor and aldermen.

5.

The board of mayor and aldermen have the authority to require reasonable changes to the development plan as a prerequisite to approval.

J.

Sidewalks: If developer installs sidewalks and street plantings, the space between the sidewalk and right-of-way may be counted as part of the required green space.

1.275.14 LAND USES NOT SPECIFICALLY PROHIBITED OR PERMITTED:

Proposed land uses not specifically permitted or prohibited under the provisions of this subsection shall be subject to administrative interpretation by the Zoning Administrator pursuant to section 1.600.02 of the zoning ordinance. A public hearing is required because section 1.600.08 involves amending the text of the zoning ordinance.

SECTION 1.300 - - (HC-1) HISTORIC COMMERCIAL DISTRICT

1.300.01 PURPOSE OF THIS DISTRICT: In accordance with the adopted Goals and Objectives Element of a Comprehensive Plan for the City of Yazoo City, a "Historic Commercial District" (HC-1) is hereby created to promote this area, as delineated on the official zoning map, as a major focal point of community life in Yazoo City. The purpose of this district is to preserve the character of historic buildings within the historic preservation district by review of architectural style, materials and colors, including the properties nominated by the Mississippi Department of Archives and Historic for listing on the National Register of Historic Places. This district is an overlay zone, which overlays on top of the central business district.

It is further the purpose of this district to prevent the deterioration of the Yazoo City central business district as the result of inappropriate land uses and incompatible architectural design. This district is intended to encourage the development of selected commercial activities that are compatible with historic structures, public/quasi-public sector uses. Uses first permitted in the C-3 general highway commercial districts shall not be permitted here.

Finally, it is the purpose of this district to alleviate the substandard building conditions and preserve property values in the HC-1 district by requiring that any person proposing additions or rehabilitation to existing buildings not only comply with the building ordinance but also apply for a certificate of appropriateness as required by Yazoo City Historic Preservation Ordinance. This requirement is intended to ensure compatibility of such additions or repairs with other uses in the district, thereby, preserving the property values of other dwellings and businesses.

1.300.02 LAND USES PERMITTED WITHIN HISTORIC COMMERCIAL DISTRICT: The following uses are permitted outright in the HC-1 district, subject to the regulations prescribed herein:

A.

Specialty shops, i.e., antique stores, hand crafted stores. These types of uses are not allowed in other districts.

B.

All uses permitted outright in C-1 restricted commercial zones.

C.

Commercial uses in which the services performed and merchandise offered for sale are conducted or displayed within enclosed structures, except for the display of small articles (i.e., those that can generally be hand-carried by one or two persons outside the commercial use that are for sale.

D.

Full service restaurants. Tables located on sidewalks shall not impede pedestrian traffic, except perhaps during the Yazoo City Flea Market Days. Fast food restaurants, as defined by this ordinance, are prohibited in this district.

E.

Accessory buildings and uses customarily incidental to the aforementioned uses. See also section 1.31.05: Accessory buildings or uses.

F.

Single-family detached residences. (Only one main structure per lot).

1.300.03 SPECIAL EXCEPTIONS AS PROVIDED UNDER SECTION 1.600.15:

A.

Public or quasi-public facilities and utilities in compliance with section 1.33 and other regulations of this ordinance.

B.

Inns or "bed and breakfast inns."

C.

Railroads and railroad spur tracks.

Minimum space between separate (detached) buildings on the same lot: Must meet requirements of the adopted building code.

1.300.04 DIMENSIONAL REQUIREMENTS FOR HISTORIC COMMERCIAL DISTRICT (INCLUDING SINGLE-FAMILY RESIDENTIAL USES):

A.

Maximum Building Height: 45 feet, unless greater height is approved by the board of mayor and aldermen.

B.

Minimum Lot Area: No minimum lot area required.

C.

Minimum Lot Width: No minimum lot width required.

D.

Minimum Yards: No required, as approved by the historic preservation commission.

1.300.05 LAND USES NOT SPECIFICALLY PROHIBITED OR PERMITTED

Proposed land uses not specifically permitted or prohibited under the provisions of this subsection shall be subject to administrative interpretation by the zoning administrator pursuant to section 1.600.02 of the zoning ordinance. A public hearing is required because section 1.600.08 involves amending the text of the zoning ordinance.

SECTION 1.310 - - (C-1) NEIGHBORHOOD COMMERCIAL DISTRICT

1.310.01 PURPOSE OF THIS DISTRICT: The purpose of this district is to provide relatively quiet, attractive, and spacious areas for the development of restricted retail, personal service, and office commercial uses for the convenience of the people in adjacent residential areas. Since these districts are closely associated with residential districts, every effort should be made to make them as compatible as possible. No outdoor storage of materials, equipment, or machinery is allowed unless being offered for sale or rental and requiring outdoor storage. Nor should any use in this district generate substantial volumes of vehicular traffic. This district serves as a transition zone between residential uses and higher intensity commercial uses on arterial streets. These districts are also appropriate for the fringes of retail districts. Since the uses in this district are commercial uses, all C-1 uses must be located on collector or arterial streets (including highways). None must be located on local or minor streets

1.310.02 LAND USES PERMITTED: The following uses are permitted outright in C-1 districts subject to the regulations prescribed herein:

A.

Business and professional offices including medical facilities, of all types.

B.

Personal services such as hair styling shops, dry cleaners, and photographic studios.

C.

Retail establishments that serve neighborhoods such as grocery stores, drug stores, bakeries, convenience stores, and fast food restaurants.

D.

Emergency health care clinics; child care facilities; and totally enclosed health club facilities.

E.

Instructional services such as studios for the teaching of fine arts, photography, music, drama and dance; business and stenographic schools; barber and beauty schools; and similar facilities.

F.

Restaurants, cafeterias, delicatessens, coffee shops and carry-out food establishments if located within an office building or freestanding if approved by the board of mayor and aldermen. However, this district is not suitable for fast-food restaurants.

G.

Privately-owned and operated museums, libraries, galleries, and similar facilities. (Note: Public or quasi-public facilities of this nature are permitted in any district as special exceptions).

H.

Residential facilities (e.g., care-taker residences) and ancillary uses commonly associated with any permitted use.

I.

Single-family residential dwelling units.

1.310.03 SPECIAL EXCEPTIONS AS PROVIDED UNDER SECTION 1.600.18

A.

Public or quasi-public facilities and utilities in compliance with section 1.33 and other regulations of this ordinance.

B.

Outside playgrounds or teaching facilities for educational uses.

C.

Manufactured homes under hardship situations. See section 1.45 of this ordinance.

1.310.04 DIMENSIONAL REQUIREMENTS:

A.

Maximum Building Height: 45 feet.

B.

Minimum Lot Area: 10,000 square feet.

C.

Minimum Lot Width: 50 feet at the set back line.

D.

Minimum Yards:

1.

Front yard: 35 feet. The first ten feet inside this front yard setback (adjacent to the street right-of-way line) shall remain open except for entrance/exit driveways and shall be landscaped; no parking shall be permitted in driveways within the first ten feet of the front yard setback.

2.

Side yards where not abutting a residential district or agricultural (A-1) district: Fifteen feet; the first five feet inside this side yard setback (adjacent to the property line) shall be landscaped. The remainder of the side yard (between the landscaped five feet and the structure) may be used for driveways, parking, or other paved areas.

3.

Rear yards where not abutting a residential district or agricultural (A-1) district: Twenty feet; the first five feet inside this rear yard setback (adjacent to the property line) shall be landscaped. The remainder of the rear yard (between the landscaped five feet and the structure) may be used for driveways, parking, or other paved areas.

4.

Side yards and rear yards where abutting any residential district or agricultural (A-1) district: Twenty-five feet, which shall remain open and be landscaped and a fence approved by the zoning administrator along the side or rear yards abutting such residential district. All side or rear yards shall be landscaped open area with no encroachments permitted including driveways, parking lots, or other paved areas.

E.

Minimum Space Between Buildings on the Same Lot: 30 feet. No more than two-thirds (66⅔ percent) of the space between such buildings shall be paved; the remaining area shall be landscaped.

F.

Minimum Green Space: Each lot shall have a minimum of 15 percent green space maintained by the property owner.

1.310.05 SITE PLAN REQUIRED: A site plan shall be submitted to the zoning commission in accordance with section 1.600.11 of this ordinance.

1.310.06 REQUIRED LANDSCAPING ALONG ARTERIAL STREETS: New development along arterial streets is required to provide landscaping.

1.310.07 REQUIRED OFF-STREET PARKING, LOADING AND ACCESS CONTROL: See section 1.37 for off-street parking, loading, and access control requirements.

1.310.08 SIGNS: See sign ordinance.

1.310.09 LAND USES NOT SPECIFICALLY PROHIBITED OR PERMITTED:

Proposed land uses not specifically permitted or prohibited under the provisions of this subsection shall be subject to administrative interpretation by the zoning administrator pursuant to section 1.600.02 of the zoning ordinance. A public hearing is required because section 1.600.08 involves amending the text of the zoning ordinance.

SECTION 1.320 - - (C-2) CENTRAL BUSINESS DISTRICT

1.320.01 PURPOSE OF THIS DISTRICT: This business district is intended to provide for establishments engaged in retail, financial, professional, and related services, including some forms of wholesale enterprises which, because of the particular nature of their business, require a centralized location in the downtown area to best serve the community. No outdoor storage of materials, equipment, or machinery is allowed unless being offered for sale or rental and requiring outdoor storage.

Furthermore, the C-2 district is established to protect present business and commercial uses in the downtown area from the blighting effects of incompatible land uses, to encourage the development of the downtown area as a major focal point of the city, to preserve the character of historic buildings within the district, to encourage the use of upper floors in the downtown area for residential uses, and to encourage the eventual elimination of uses detrimental or inappropriate to proper functioning of such a district. Finally, it is a purpose of this district to alleviate any substandard building conditions and preserve property values in the C-2 district by compliance with the city's building code.

1.320.02 LAND USES PERMITTED: The following uses are permitted outright in C-2 districts subject to the regulations prescribed herein:

A.

All uses allowed in C-1 restricted commercial district.

B.

Commercial uses in which services performed and merchandise offered for sale are conducted or displayed within enclosed structures, except for the display of small articles (i.e., those that can generally be hand-carried by one or two persons) outside the commercial use.

C.

Shopping centers located on minimum sites of three acres on an existing or proposed arterial street as shown on the adopted thoroughfares plan; shopping centers may contain any of the uses permitted outright in C-2 zones.

D.

Hotels.

E.

Full service restaurants. Tables located on sidewalks shall not impede pedestrian traffic. Fast food restaurants, as defined by this ordinance, are prohibited in this district.

F.

Main offices of banks.

G.

Accessory buildings and uses customarily incidental to the aforementioned uses. See section 1.31.05: Accessory buildings or uses.

H.

Existing single-family residences.

1.320.03 SPECIAL EXCEPTIONS AS PROVIDED UNDER SECTION 1.600.18:

A.

Mortuaries or funeral homes provided such uses shall be located on an existing or proposed arterial street as shown on the adopted thoroughfares plan.

B.

Public or quasi-public facilities and utilities in compliance with section 1.33 and other regulations of this ordinance.

C.

Inns or "bed and breakfast inns."

1.320.04 DIMENSIONAL REQUIREMENTS:

A.

Maximum Building Height: 50 feet, unless greater height is approved by the board of mayor and aldermen.

B.

Minimum Lot Area: Lot area is not regulated.

C.

Minimum Lot Width: Lot width is not regulated.

D.

Minimum Yards: None required.

1.320.06 REQUIRED LANDSCAPING ALONG ARTERIAL STREETS: New development along arterial streets is required to provide landscaping.

1.320.07 REQUIREMENTS FOR OFF-STREET PARKING, LOADING AND ACCESS CONTROL: See section 1.37 for off-street parking, loading and access control requirements.

1.320.08 SIGNS: See sign ordinance.

1.320.09 LAND USES NOT SPECIFICALLY PROHIBITED OR PERMITTED:

Proposed land uses not specifically permitted or prohibited under the provisions of this subsection shall be subject to administrative interpretation by the zoning administrator pursuant to section 1.600.02 of the zoning ordinance. A public hearing is required because section 1.600.08 involves amending the text of the zoning ordinance.

SECTION 1.330 - - (C-3) GENERAL HIGHWAY COMMERCIAL DISTRICT

1.330.01 PURPOSE OF THIS DISTRICT: The purpose of this district is to provide relatively large tracts of land for the development of vehicle-oriented commercial activities that typically require direct auto traffic access and visibility from major thoroughfares, including U.S. Highway 49, Mississippi 3, and Mississippi 16. They are generally less compatible than neighborhood commercial uses when located adjacent to residential uses. This district is intended to encourage those commercial activities that function relatively independent of intensive pedestrian traffic and proximity to other commercial establishments. Outdoor commercial uses (i.e., those in which all or much of the business is conducted out-of-doors) are first permitted in these C-3 districts.

These districts are appropriate for the fringes of retail districts and only along major thoroughfares designated as arterial streets on the adopted thoroughfares plan. Uses first permitted in I-1 limited industrial and I-2 heavy industrial districts shall not be permitted in C-3 districts.

1.330.02 LAND USES PERMITTED: The following uses are permitted outright in the C-3 districts subject to the regulations prescribed herein:

A.

Any use permitted in the C-2 general commercial district.

B.

Food product carry-out and delivery stores.

C.

Commercial uses in which services performed and merchandise offered for sale are conducted or displayed entirely within enclosed structures except for the display of small articles (i.e., those articles that can generally be hand-carried by one or two persons) outside the building.

D.

Shopping centers located on minimum sites of three acres on an existing or proposed arterial street; shopping centers may contain any of the uses permitted outright in C-2 general commercial zones.

E.

Drive-in restaurants (fast food).

F.

Hotels and motels.

G.

Veterinary clinics, excluding outside runs.

H.

Indoor recreational uses, including skating rinks, bowling alleys, and similar enterprises.

I.

Banks, including branch banks and dry cleaners.

J.

Commercial printing establishments, newspaper publishing and specialty printing providing that the business is conducted in an enclosed building and does not require outside storage of materials or products.

K.

Automotive (new) and related sales and servicing, provided that automobile sales shall not be allowed on a lot of less than three acres.

L.

Mortuaries.

M.

Horticultural nurseries.

N.

Automotive Repair Services. All operations shall be conducted within an enclosed building. All damaged or wrecked vehicles awaiting repair shall be effectively screened so as not to be visible from surrounding property or from any adjoining public street or walkway. No damaged or wrecked vehicles shall be stored for purposes other than repair and shall not constitute a vehicle wrecking, dismantling, or impounding yard, or junk or salvage.

O.

Accessory Buildings. See section 1.31.05: Accessory buildings or uses.

1.330.03 SPECIAL EXCEPTIONS AS PROVIDED UNDER SECTION 1.600.18:

A.

Public or quasi-public facilities and utilities in compliance with section 1.33 and other regulations of this ordinance.

B.

Outdoor recreational and entertainment uses in which all or part of the activities are conducted out-of-doors, such as golf driving or putting courses, amusement parks, drive-in theaters, etc.

C.

Building materials sales, automotive sales (used), manufactured home sales and similar types of outdoor sales, where some or all such materials are displayed outdoors or visible from streets or highways. Minimum acreage per site shall be two acres.

D.

Heavy construction equipment sales and service.

E.

Truck stops.

F.

Veterinary clinics with outside dog runs.

G.

Railroads and railroad spur tracks.

H.

Yard and garden centers, nurseries, and greenhouse operations.

I.

Service stations including vehicle repairs (except body repairs), provided that all vehicle repairs except those of a minor nature (e.g., change of fan belt, minor carburetor adjustments, tire repairs) are conducted entirely within an enclosed building and provided that all such service stations are located on an arterial street designated as such by the adopted thoroughfares plan.

J.

Convenience stores and gas stations.

K.

Car washes/vacuum cleaner stations and quick car-care clinics (lubrication, tune-up, etc.).

L.

Photomats, laundromats.

M.

Free-standing "game rooms," for electronic video games, pool tables, etc.

N.

Other similar enterprises or businesses of the same nature that are not more obnoxious or detrimental to the welfare of the particular area than the enterprises permitted above, not to include those uses that are first permitted in the I-1 district. Uses not specifically listed above shall be reviewed by the board of adjustment and approved by the board of mayor and aldermen.

O.

Mini storage buildings with a two-acre minimum site.

P.

Residential buildings containing two or more dwelling units, such as multi-family dwellings, duplexes, and townhouses. In addition to any other required conditions, these residential buildings must replace an existing residential use, be located within 500 feet of an arterial street or highway, and use the R-3 district dimensional standards for duplexes, townhouses, and R-4 district dimensional standards for multi-family dwellings.

1.330.04 COMMERCIAL CORRIDOR OVERLAY DISTRICT CONDITIONAL USES: No conditional uses are allowed in the overlay district.

1.330.05 DIMENSIONAL REQUIREMENTS:

A.

Maximum Building Height: 45 feet, as measured from the average of the finished ground elevations at the front line of the building, and unless greater height is approved by the mayor and board.

B.

Minimum Lot Area: 10,890 square feet.

1.

Shopping centers, automotive sales, manufactured home sales, farm equipment and similar types of outdoor sales: three acres.

C.

Minimum Lot Width:

1.

Shopping centers, automotive sales, manufactured home sales, farm equipment and similar types of outdoor sales: 200 feet.

2.

Independent commercial uses: 100 feet.

D.

Minimum Yards: The minimum yard requirements for all uses permitted in a C-3 district shall be as follows:

1.

Front yard: 35 feet. The first ten feet inside this front yard setback shall remain open except for entrance/exit driveways and shall be landscaped; no parking shall be permitted in driveways within the first ten feet of the front yard setback.

2.

Side yards where not abutting a residential district or agricultural (A-1) district: Fifteen feet; the first five feet inside this side yard setback (adjacent to the property line). The remainder of the side yard (between the landscaped five feet and the structure) may be used for driveways, parking, or other paved areas.

3.

Rear yards where not abutting residential district or Agricultural (A-1) district: Thirty feet; the first five feet inside this rear yard setback (adjacent to the property line) shall be landscaped. The remainder of the rear yard (between the landscaped five feet and the structure) may be used for driveways, parking, or other paved areas.

4.

Side yards and rear yards where abutting any residential district or agricultural (A-1) district: 50 feet, which shall remain open and be landscaped and a fence approved by the zoning administrator along side or rear yards abutting such residential district. The ten-foot strip adjoining the side lot line and/or rear lot line shall be maintained as a landscaped buffer area. All side or rear yards shall be landscaped open areas with no encroachments permitted including driveways, parking lots, or other paved areas.

E.

Minimum Space Between Separate (Detached) Buildings On The Same Lot: 30 feet. No more than two-thirds (66⅔ percent) of the space between such buildings shall be paved; the remaining area shall be landscaped.

F.

Minimum Green Space: Each lot shall have a minimum of ten percent green space maintained by the property owner.

1.330.06 SITE PLAN REQUIRED: The developer of any use in a C-3 general highway commercial district shall submit a site plan to the planning and zoning board in accordance with sections 1.600.11 of this ordinance.

1.330.07 REQUIRED LANDSCAPING ALONG ARTERIAL STREETS: Developers of new commercial uses in this district shall provide landscaping along arterial streets upon which the use abuts.

1.330.08 REQUIRED FOR OFF-STREET PARKING, LOADING AND ACCESS CONTROL: See section 1.37 for off-street parking, loading and access control requirements.

1.330.09 SIGNS: See sign ordinance.

1.330.10 LAND USES NOT SPECIFICALLY PROHIBITED OR PERMITTED:

Proposed land uses not specifically permitted or prohibited under the provisions of this subsection shall be subject to administrative interpretation by the zoning administrator pursuant to section 1.600.02 of the zoning ordinance. A public hearing is required because section 1.600.08 involves amending the text of the zoning ordinance.

SECTION 1.400 - - (I-1) LIMITED INDUSTRIAL DISTRICT

1.400.01 PURPOSE OF THIS DISTRICT: The purpose of this district is to provide areas for the exclusive development of limited manufacturing and industrial uses within enclosed structures. It is the intent of this ordinance that I-1 land uses be compatible with abutting districts, such as commercial districts, which will serve as transitional zones between the industrial uses and the lower intensity residential uses. The uses permitted in I-1 districts shall generate no objectionable odor, smoke, fumes, vibration, or excessive noise. Such limited industrial and related uses shall be located only in areas directly accessible to major thoroughfares or railroads. It is further the intent of this ordinance that encroachment by all residential uses be prohibited.

1.400.02 LAND USES PERMITTED: The following land uses shall be permitted in I-1 districts provided such uses conform to standards established by appropriate federal and state regulatory agencies:

A.

Any uses permitted in C-3 highway commercial districts.

B.

Light or limited manufacturing conducted wholly within completely enclosed buildings, except that the temporary storage of articles, materials, or other matter to be processed, assembled, or otherwise changed may be permitted if conducted in I-1 districts shall, in general, be dependent upon raw materials refined elsewhere.

The following limited manufacturing uses shall be permitted, provided they are not offensive to neighboring land uses due to the emission of dust, gas, smoke, noise, fumes, odors, vibrations, fire hazards, or other objectionable influences:

C.

Processing, canning, packaging and other treatment of food products, including: Bakery products, confectionery and related products, fruit and vegetable products, fish, poultry and other meat products, excluding the rendering or refining of fats and oils and slaughtering of animals.

D.

Manufacturing, assembly or other treatment of products from the following secondary (previously prepared or refined materials): plastics, glass, paper, precious or semi-precious metals or stones, tobacco, and wood (excluding sawmills).

E.

Fabrication of metal products including the manufacture of: machinery (engines and turbines, farm machinery and equipment, etc.) electrical equipment and supplies; transportation equipment (including motor vehicles and parts, aircraft and parts, motorcycles, bicycles and parts, etc.); and other secondary metal manufacturing such as metal cans, cutlery, hand tools, and general hardware, heating apparatus and plumbing fixtures, metal stamping, fabricated wire products, and coating, engraving and allied services.

F.

Manufacturing of pottery or similar ceramic products (using only previously prepared or pulverized clay, and kilns fired only by electricity or natural gas).

G.

Manufacturing of professional, scientific, and controlling instruments; photographic or optical goods; watches and clocks.

H.

Manufacturing of textile mill products, including broad and narrow woven fabrics and there small wares (cotton, man-made fibers, silk and wool), floor coverings (rugs and carpets), yarns and similar products.

I.

Manufacturing of apparel and other finished products made from fabrics, leather, fur and similar materials.

J.

Assembly, painting, upholstering and similar activities in connection with automobiles, trucks, farm machinery, mobile homes and related products.

1.400.03 SPECIAL USES AS PROVIDED UNDER SECTION 1.600.18:

A.

Public and quasi-public facilities and utilities may be allowed in this district in compliance with section 1.33 of this ordinance and subject to any limitations and restrictions deemed necessary by the board of mayor and aldermen.

B.

Conditional uses listed under the C-3 major thoroughfares commercial district.

C.

Television, cellular phone, and radio transmitters.

D.

Warehousing and storage, provided that all storage is within enclosed structures; such warehousing may include the storage of goods manufactured on the premises as well as goods manufactured off the site; includes "mini-warehouses" or "self-storage warehouses."

E.

Dwellings for resident watchmen and caretakers employed on the premises of the primary permitted use.

F.

Railroads and railroad spur tracks.

G.

Other similar enterprises that are of the same character and nature as those specifically permitted above, but not to include those uses first permitted in the I-2 heavy industrial district.

1.400.04 DIMENSIONAL REQUIREMENTS:

A.

Maximum Building Height: No structure shall exceed 35 feet in height as measured from the average of the finished ground elevations the front line of the building. Any building or structure proposed to be constructed or erected above the maximum height shall require site plan review in accordance with section 1.600.11.

B.

Minimum Lot Area: Not regulated.

C.

Minimum Lot Width: Not regulated.

D.

Minimum Yards:

1.

Front yard: 100 feet. The first 15 feet inside this front yard setback (adjacent to the street right-of-way line) shall remain open except for entrance/exit driveways and shall be landscaped; no parking shall be permitted in driveways within the first 15 feet of the front yard setback.

2.

Side yards where not abutting a residential district or agricultural (A-1) district: Twenty-five feet; the first ten feet inside this side yard setback (adjacent to the property line) shall be landscaped. The remainder of the side yard (between the landscaped five feet and the structure) may be used for driveways, parking, or other paved areas.

3.

Rear yards where not abutting a residential district or agricultural (A-1) district: Twenty-five feet; the first ten feet inside this rear yard setback (adjacent to the property line) shall be landscaped. The remainder of the rear yard (between the landscaped ten feet and the structure) may be used for driveways, parking, or other paved areas.

4.

Side yards and rear yards where abutting any residential district or agricultural (A-1) district: 75 feet, which shall remain open and be landscaped; a 20-foot strip adjoining the side lot line shall be maintained as a landscaped buffer with a fence approved by the zoning administrator along the side or rear property lines abutting such residential district. All side or rear yards shall be landscaped open areas with no encroachments permitted including driveways, parking lots, and paved areas.

E.

Minimum Space Between Separate (Detached) Buildings on the Same Lot: 30 feet. No more than two-thirds (66.66 percent) of the space between such buildings shall be paved; the remaining area shall be landscaped

F.

Minimum Green Space: Each lot shall have a minimum of ten percent green space maintained by the property owner.

1.400.05 SITE PLAN REQUIRED: A site plan shall be submitted to the Zoning Commission in accordance with section 1.600.11 of this ordinance.

1.400.06 REQUIRED LANDSCAPING ALONG ARTERIAL STREETS: If located along arterial streets, then owner of new development must provide landscaping along arterial streets upon which the use abuts.

1.400.07 REQUIREMENTS FOR OFF-STREET PARKING, LOADING AND ACCESS CONTROL: See section 1.37 for off-street parking, loading and access control requirements.

1.400.08 SIGNS: See sign chapter of this ordinance.

1.400.09 LAND USES NOT SPECIFICALLY PROHIBITED OR PERMITTED: Proposed land uses not specifically permitted or prohibited under the provisions of this subsection shall be subject to administrative interpretation by the zoning administrator pursuant to section 1.600.02 of the zoning ordinance. A public hearing is required because section 1.600.08 involves amending the text of the zoning ordinance.

SECTION 1.410 - - (I-2) HEAVY INDUSTRIAL DISTRICT

1.410.01 PURPOSE OF THIS DISTRICT: The purpose of this district is to provide areas primarily for the development of industrial uses, such as those that involve manufacturing, processing, and related operations that generally have extensive space requirements and/or generate substantial amounts of noise, vibration, odors, or possess other objectionable characteristics. It is the intent of this ordinance that such "heavy" industrial districts be located insofar as possible adjacent only to C-3 major thoroughfare commercial or I-1 limited industrial districts, which shall serve as transitional zones between 1-2 districts and residential uses and lower intensity commercial uses. Heavy industrial uses shall be located only in areas directly accessible to major thoroughfares or railroads. (See also section 1.36.05 of this ordinance with regard to prohibited uses.)

In addition, it is the purpose of this district to regulate certain special commercial uses such as alternative financial service providers and certain special personal service providers. The first because their services often carry high costs, limiting the ability of individuals or families to accumulated assets and establish a good credit history; the second because they are often found together and tend to have a blighting influence upon the neighborhood.

1.410.02 LAND USES PERMITTED: The following land uses permitted in I-2 districts may include those located outside of enclosed structures as well as those within enclosed structures, subject to the regulations of the ordinance and standards established by appropriate federal and state regulatory agencies. The following uses are permitted outright:

A.

Any outright uses permitted in an I-1 district.

B.

Heavy manufacturing uses which are not potentially hazardous or offensive to neighboring land uses due to the emission of dust, gas smoke, noise, fumes, odors, vibrations, or other objectionable influences shall be permitted by right in 1-2 districts, except that manufacturing uses of the "wet" type (i.e., those industries that require large amounts of water in processing or discharge large amounts of by-products through the sewer system) shall be permitted only as conditional uses (see section 1.600.09).

C.

Television, cellular phone, and radio transmitters. Entire special commercials uses:

1.

Adult arcades, adult bookstores, adult cabarets, adult motels, adult motion picture theaters, and other adult entertainment activities as defined by this ordinance.

2.

Tattoo parlors as stand-alone businesses.

3.

Fortune telling businesses as defined by this ordinance.

4.

Pawn shops, subject to the regulations under 2103.

5.

Check cashing businesses (also called "pay-day loan agency"), subject to the regulations under section 1.410.06.

6.

Cash for title businesses, subject to the regulations under section 1.410.06.

7.

Tax refund anticipation loan offices, subject to the regulations under section 1.410.06.

1.410.03 SPECIAL EXCEPTIONS AS PROVIDED UNDER SECTION 1.600.18:

A.

Any conditional use listed under I-1 district regulations.

B.

Primary metal manufacturing, including: blast furnaces, steel works, and the rolling and finishing of ferrous metals; iron and steel foundries; primary smelting and refining of non-ferrous metals; and similar activities.

C.

Any manufacturing activity requiring large amounts of water for processing or discharging large amounts of waste or by-products into the sewer system.

D.

Mining, quarrying and crude petroleum and natural gas production (including sand and gravel pits and rock crushing operations). When "open-pit: mining operations are conducted, the operator must obtain required permits and approvals from other governmental entities and provide the Yazoo City Board of Mayor and Aldermen with written proof of same.

E.

Junk yards and auto salvage/wrecking yards.

F.

Public and quasi-public facilities and utilities may be allowed in this district in compliance with section 1.33 of this ordinance and subject to any limitations and restrictions deemed necessary by the board of mayor and aldermen.

G.

Railroads and railroad spur tracks.

H.

Any other use of a heavy industrial nature that is not prohibited under section 1.36.05 of this ordinance or otherwise prohibited by law may be initiated in I-2 districts, subject to any limitations and restrictions deemed necessary by the board of mayor and aldermen.

1.410.04 REGULATION OF ADULT ENTERTAINMENT USES:

No such entertainment establishment shall be located within 250 feet of the property line of any other such use. Furthermore, no such establishment shall be located within 1,000 feet of the property lines of any existing residential use or any residentially zoned property, church, school, hospital, convalescent or nursing home, cemetery, civic organization building or facility, charitable organization building or facility, public or private park or playground, or any property zoned "S-1" special retirement village district in this ordinance. No separation is required for adult entertainment establishments under a common roof with a single proprietorship and a single entrance.

1.410.05 REGULATION OF PAWN SHOPS:

Pawn shops shall be subject to the provisions of Mississippi law as specified under the Mississippi Pawnshop Act in Title 75 of the Mississippi Code.

Since the location of pawn shops can provide a relatively easy way in which to secure cash, which may be obtained through the sale of stolen goods, to procure illegal drugs, the regulation of such businesses is deemed to be important in order to provide for the public safety of the citizens of Yazoo City. Therefore, no such establishment shall be located within 1,000 feet of the property lines of any existing residential use or any residentially zoned property, church, school, hospital, convalescent or nursing home, cemetery, civic organization building or facility, charitable organization building or facility, public or private park or playground, or any property zoned "S-1" special retirement village district in this ordinance.

1.410.06 REGULATION OF ALTERNATIVE FINANCIAL SERVICE PROVIDERS (AFSP's)":

No payday loan business, cash for title businesses, tax refund anticipation businesses, check cashing businesses, and similar "alternative financial service provider (AFSP)" shall be located within 500 feet of any other such use, or located within 500 feet of any existing residence, any residentially zoned property, church, school, hospital, convalescent or nursing home, cemetery, civic organization building or facility, charitable organization building or facility, public or private park or playground, or any property zoned "S-1" special use district under this ordinance.

1.410.07 DIMENSIONAL REQUIREMENTS:

A.

Maximum Building Height: No structure shall exceed 35 feet in height as measured from the average of the finished ground elevations at the front line of the building. Any building or structure proposed to be constructed or erected above the maximum height shall require site plan review in accordance with section 1.600.11. Special use heights shall be determined in accordance with the latest edition of the International Building Code adopted by the city.

B.

Minimum Lot Area: One acre or 43,560 square feet. No minimum lot area for special uses.

C.

Minimum Lot Width: 150 feet. Special uses require no minimum lot width.

D.

Minimum Yards:

1.

Front yard: 100 feet. The first 15 feet inside this front yard setback (adjacent to the street right-of-way line) shall remain open except for entrance/exit driveways and shall be landscaped; no parking shall be permitted in driveways within the first 15 feet of the front yard setback.

2.

Side yards where not abutting a residential district or agricultural (A-1) district: Twenty-five feet; the first ten feet inside this side yard setback (adjacent to the property line) shall be landscaped. The remainder of the side yard (between the landscaped ten feet and the structure) may be used for driveways, parking, or other paved areas.

3.

Rear yards where not abutting a residential district or agricultural (A-1) district: Twenty feet; the first ten feet inside this rear yard setback (adjacent to the property line) shall be landscaped. The remainder of the rear yard (between the landscaped ten feet and the structure) may be used for driveways, parking, or other paved areas.

4.

Side yards and rear yards where abutting any residential district or agricultural (A-1) district: 50 feet, which shall remain open and be landscaped; or 20 feet, which shall remain open and be landscaped and a fence approved by the zoning administrator along the side or rear property lines abutting such residential district. All side or rear yards shall landscaped open area with encroachments permitted driveways, parking lots, and paved areas.

5.

For Special Uses: Front and Rear Yard—25 feet.

6.

Side yards: 15 feet; the first five feet inside this side or rear yard setback (adjacent to the property line) shall be landscaped in accordance with standards adopted by the City of Yazoo City. This 15-foot side or rear yard setback shall be in addition to the minimum distance (1,000 feet) required between all existing residential uses, residential zones, any public/quasi-public uses, and any special use (S-1) district.

E.

Minimum Space Between Separate (Detached) Buildings on the Same Lot: 30 feet. No more than two-thirds (66.66 percent) of the space between such buildings shall be paved; the remaining area shall be landscaped in accordance with city standards.

F.

How Distances are Measured: For the purpose of this ordinance, all distances shall be calculated in straight line measurements from property line to property line.

G.

Compliance with Fire Marshal's Regulations: All regulations of the city fire marshal shall be complied with in every case.

1.410.05 SITE PLAN REQUIRED: A site plan shall be submitted to the planning and zoning board in accordance with section 1.600.20 of this ordinance.

1.410.06 REQUIRED LANDSCAPING ALONG ARTERIAL STREETS: When new industrial uses are located along arterial streets upon which the use abuts, landscaping is required.

1.410.07 REQUIREMENTS FOR OFF-STREET PARKING, LOADING AND ACCESS CONTROL: See section 1.37 for off-street parking, loading and access control requirements.

1.410.08 SIGNS: See sign ordinance.

1.410.09 LAND USES NOT SPECIFICALLY PROHIBITED OR PERMITTED:

Proposed land uses not specifically permitted or prohibited under the provisions of this subsection shall be subject to administrative interpretation by the zoning administrator pursuant to section 1.600.02 of the zoning ordinance. A public hearing is required because section 1.600.08 involves amending the text of the zoning ordinance.

SECTION 1.500 - - (S-1) SPECIAL USE RETIREMENT VILLAGE DISTRICT

1.500.01 PURPOSE OF THIS DISTRICT: The purpose of this district is to provide land areas within the City of Yazoo City for development of elderly housing and care facilities which, because of their size, institutional nature and unique characteristics, do not fit compatibly into other zoning districts of the City. Property zoned "S-1" (special use-1) shall consist only of retirement villages that constitute "self-contained communities" and may include: residential uses, related health care facilities, cultural and recreational facilities, support service operations, commercial outlets operated primarily for the benefit of the residents and staff of the retirement village (e.g., ancillary retail and service businesses, professional offices, etc.) and other similar uses on the property of the facility. Such "S-1" retirement village districts may be public, private, or institutional in ownership.

It is the intent of this ordinance to protect land zoned "S-1" retirement village from the intrusion of adjacent land uses that would be detrimental to the character of such districts; this shall be accomplished by the proper zoning of and adjacent to "S-1" retirement village districts. At the same time, it is the intent of this ordinance to protect adjacent privately-owned property (especially low density and moderate density residentially zoned property) from any intrusion of uses included in "S-1" districts that would be detrimental to the character of such adjacent private property.

It is further the intent of this ordinance to enable the board of mayor and aldermen to exercise control over land zoned "S-1" retirement village in the event land so zoned is ever sold. The zoning of property to a "S-1" zoning classification will serve to alert the public as the possible character of the future development of land so zoned.

1.500.02 LAND USES PERMITTED: A multiplicity of uses related to the housing and care of elderly persons are permitted in the retirement village district. In addition, public streets and highways (i.e., those streets and highways not on the property of the retirement village) are understood to be permitted in "S-1" retirement village districts. Land uses permitted outright in "S-1" districts include:

A.

Single-family detached residences.

B.

Duplexes.

C.

Townhouses.

D.

Multiple-family dwellings.

E.

Congregate living facilities.

F.

Nursing homes.

G.

Hospitals.

H.

Offices of physicians and dentists.

I.

Hospices.

J.

Outpatient aging services.

K.

Day care facilities.

L.

Facilities for the storage and maintenance of vans or buses used in conjunction with services offered by the retirement district.

M.

Outpatient emergency facilities.

N.

Outpatient surgery facilities.

O.

Retail and office commercial activities primarily for the benefit of residents and staff of the retirement village.

P.

Cultural and recreational facilities.

1.500.03 SPECIAL EXCEPTIONS: Public and quasi-public facilities and utilities may be allowed on the property of a retirement village subject to any limitations and restrictions deemed necessary by the board of mayor and aldermen.

1.500.04 DIMENSIONAL REQUIREMENTS:

A.

Maximum Building Height: 45 feet, unless greater height is specifically approved by the board of mayor and aldermen.

B.

Minimum District Area: 40 acres.

C.

Minimum Lot Area: Not regulated in this district.

D.

Minimum Lot Width: Not regulated in this district.

E.

Maximum Buildable Area: Except for required minimum yards, off-street parking and loading requirements, and required distances between buildings, permitted uses may occupy as much of a site as in an "S-1" district as is necessary to conduct the permitted activity.

F.

Minimum Distance Between Buildings: 30 feet. No more than two-thirds (66⅔) of the space provided between such buildings shall be paved; the remaining area shall be landscaped.

G.

Minimum Yards:

1.

Front yard: 50 feet from the front of any proposed structure to the right-of-way of any public (i.e., dedicated street or highway); or 20 feet from the front of any proposed structure to the curb or pavement line of any existing or proposed private street (i.e., circulation drive on the property of the retirement village).

2.

Side and rear yards: Not regulated.

1.500.05 LAKES AND DAMS: Developers of retirement villages shall adhere to the guidelines established by the board of mayor and aldermen concerning construction of lakes and dams stipulated in the subdivision regulations.

1.500.06 SITE PLAN REQUIRED: A detailed site plan shall be required for the established of a new retirement village as defined by this ordinance or for the construction or expansion of buildings in an existing retirement village. Furthermore, no building permit shall be issued until such site plan has been reviewed by the planning commission and approved by the board of mayor and aldermen. See section 1.600.11.

1.500.07 REQUIRED LANDSCAPING ALONG ARTERIAL STREETS: New development along arterial streets is required to provide landscaping. Where permitted as special exceptions, the developers of public/quasi-public facilities shall comply with section 1.600.18.

1.500.08 REQUIREMENTS FOR OFF-STREET PARKING, LOADING AND ACCESS CONTROL: See parking, loading and access requirements for S-1 districts under section 1.37.

1.500.09 SIGNS: See sign section of this ordinance.

1.500.10 LAND USES NOT SPECIFICALLY PROHIBITED OR PERMITTED: Proposed land uses not specifically permitted or prohibited under the provisions of this subsection shall be subject to administrative interpretation by the zoning administrator pursuant to section 1.600.02 of the zoning ordinance. A public hearing is required because section 1.600.08 involves amending the text of the zoning ordinance.

SECTION 1.525 - - (S-2) SPECIAL PLANNED HIGHWAY CORRIDOR DISTRICT

1.525.1 PURPOSE OF DISTRICT: The general purposes of this section are to protect the integrity of and to provide for a superior environment along the highway corridors of Yazoo City as stated in the comprehensive plan. As a matter of public policy the city aims to redevelop, enhance, and perpetuate those aspects of overlay districts that have aesthetic, architectural, cultural, and/or historical significance. Such development activities will promote and protect the health, safety, prosperity, and general welfare of persons living in Yazoo City. Special planned highway corridor districts functions as an overlay district, which imposes a set of requirements in addition to those of the underlying residential, commercial, industrial or other district. All nonconforming buildings within the S-2 district shall have five years to comply with the requirements of subsection 1.550. All nonconforming building in which there is a change of ownership shall comply with the requirements of the S-3 district upon change of ownership.

Specifically, the corridor district guidelines are designed to encourage the following in the corridor districts.

A.

To establish and enhance the "gateway" character of the district. Thereby increasing aesthetic and visual qualities, as well as, property values of the city;

B.

To prevent the placement of inappropriate land uses along the entranceway corridors;

C.

To promote uniformity, with regard to dimensional regulations (i.e., maximum height, lot area and lot width, density, setbacks, and open space);

D.

To standardize landscaping requirements for private property within the corridor district;

E.

To establish sign regulations to prevent the erection of outdoor advertising that would detract from the aesthetic quality of the entranceway districts, thereby diminishing property values;

F.

To establish uniform off-street parking, service area, and access control regulations;

G.

To enact exterior lighting regulations that will minimize glare, promote security, and provide vehicular traffic and pedestrian safety; and

H.

To promote site plan review standards and procedures that encourages the highest quality of development while preventing unnecessary delays.

1.525.2 PLANNED CORRIDOR DISTRICTS ARE OVERLAY DISTRICTS:

A.

The Yazoo City Planned Corridor Districts shall be established as "overlay districts," superimposed on the existing zoning district, and intended to supplement the regulations of the underlying base district and to provide harmony and compatibility of development over the length of the corridors.

B.

The minimum width of the planned corridor districts along state highway corridors is 300 feet on either side of the right-of-way. The depth of the planned corridors along U.S. highways is 600 feet on either side of the right-of-way between major intersections. Around major intersections, the planned corridor district may be somewhat larger.

C.

The highway corridors included in the corridor district overlays are: U.S. Highway 49, and state highways 16, 3, and 149.

D.

A corridor district overlay will in many cases not cover an entire underlying zoning district or an entire lot or parcel. In those instances, the requirements of the overlay district affect only that part of a lot or parcel or district covered by the overlay. In the event the proposed development is not completely covered by the overlay district, then the applicant may petition the city to extend the overlay district so that the proposed is completely covered by the overlay district.

1.525.3 PERMITTED LAND USES: Because the corridor districts overlay residential, commercial, and industrial zoning districts, the underlying permitted uses of the affected districts shall not be affected by the presence of the overlay.

1.525.4 SPECIAL EXCEPTIONS AS PROVIDED UNDER SECTION 1.600.18: Only those conditional uses that are specifically permitted in each of the affected underlying districts.

1.525.5 PROHIBITED CORRIDOR DISTRICT LAND USES: To maintain the integrity of this district the following uses are prohibited regardless of the type of district in which they are found. These uses apply only in the portions of each district covered by the overlay.

A.

Group homes for the handicapped and personal care facilities;

B.

Child care centers;

C.

Mobile homes and mobile home sales lots;

D.

Apartments;

E.

Coin laundry;

F.

Automotive service and repair establishments;

G.

Re-cycling collection point;

H.

Car wash;

I.

Bingo parlors;

J.

Palm readers, psychics, fortune tellers, soothsayers, tarot card readers, and similar businesses that foretell the future;

K.

Pawn shops;

L.

Title pledge office;

M.

Secondhand store;

N.

Bars not associated with restaurants;

O.

Mini-warehouses;

P.

Commercial communication towers;

Q.

Adult arcades, adult bookstores, adult cabarets, adult entertainment establishments, adult motel, and adult motion picture theaters;

R.

Truck terminals, warehouses and storage buildings;

S.

Wholesale and supply houses;

T.

Bulk storage and wholesale dispersing of products and materials;

U.

Wrecker services and junk yards.

1.525.06 SITE PLAN REQUIRED: The developer of any use in a S-2 planned highway corridor district shall submit a site plan to the planning and zoning board in accordance with section 1.600.20 of this ordinance.

1.525.07 DIMENSIONAL REQUIREMENTS FOR SINGLE-FAMILY DETACHED DWELLINGS, PATIO HOMES AND TOWNHOUSES:

A.

Dimensional requirements for single-family detached dwellings, patio homes, and townhouses shall be the same as the underlying district. No such dwellings shall front directly upon the corridor.

B.

Dimensional requirements for multi-family residential uses (apartments and condominiums) and nonresidential uses:

1.

Maximum Building Height: 35 feet.

2.

Minimum Lot Area and Lot Width: Subject to the regulations of the underlying district.

3.

Maximum Density: The maximum density for residential development shall be 10.0 units per gross acre.

4.

Minimum Yards (building setbacks):

a.

The minimum building setback from the edge of the right-of-way from the street shall be 40 feet.

b.

For any nonresidential permitted use, a minimum of 35 percent of the lot and, for any residential permitted use, a minimum of 50 percent of the lot shall be open space, which shall not include heated spaces, driveways, parking spaces, garages, portals, carports, accessory buildings, or any improvement surfaces. The average dimensions of the opposite sides of open space shall equal no less than ten feet. Residential development shall, in addition, meet all applicable private and open space standards.

1.525.08 GENERAL STANDARDS:

A.

Loading Areas Screened: Loading areas shall be screened and located on side or rear yards.

B.

Outdoor Storage: Outdoor storage shall not be allowed in the district.

C.

Access to Property: Access to the property shall be approved by the city engineer, planning and zoning board, and board of mayor and aldermen.

D.

Off-site Traffic Impact: The off-site impact of the site-generated traffic shall be based on a study performed by the developer using the latest edition of the Highway Capacity Manual. The results of the corresponding impacts shall be evaluated relative to the computed levels of service at various time frames and durations as defined in the manual. A plan for mitigating any adverse effects shall be proposed by the developer and approved by the city engineer, planning and zoning board, and board of mayor and aldermen prior to the issuance of any building permits. The traffic mitigation plan shall be based on the results of the traffic study and shall include proposed improvements, a cost estimate, a construction schedule, and the extent of participation by the proposed development.

E.

Half or Partial Streets: New half or partial streets shall be prohibited in new developments. When a tract to be developed borders an existing street having a right-of-way width insufficient to conform to the minimum width standards required by these regulations, such additional right-of-way shall be platted and dedicated in such a way as to make the resulting street conform.

F.

Buffer Standards: When nonresidential uses abut residential uses, the following standards apply:

1.

All of the structures for the nonresidential uses shall be set back a minimum of 50 feet from the residential property line and a 25-foot landscaped buffer shall be located between the residential and nonresidential uses; or

2.

All of the structures for the nonresidential uses shall have a minimum 25-foot landscaped buffer and a masonry wall or a fence, as approved by the board of mayor and aldermen, located between the residential and nonresidential use.

G.

Landscaping Standards: Persons wishing to development property within the entranceway corridor district shall comply with the landscaping standards of chapter 6 of this ordinance as follows:

1.

Developers of commercial or industrial uses in this district shall comply with chapter 6 of this ordinance regarding the provision of landscaping along arterial streets upon which the use abuts. Where permitted as special exceptions, the developers of public/quasi-public facilities shall comply with chapter 6.

2.

Existing natural landscaping material shall not be disturbed within 25 feet of the property line that adjoins the street right-of-way. This area shall be labeled as open space setback. No structures, fences, walls, or parking are allowed in this setback;

3.

Landscaping shall be provided in the open space setback where landscaping has been disturbed and shall be provided surrounding buildings and parking areas at a minimum width of five feet. The intensity of landscaping shall be two plants per 30 square feet of landscaped area. One-half of vegetation shall be at least four-feet high, and one-half shall be one-foot high at the time of planting. Trees shall be a minimum of ten percent of the total planting. If parking is provided in the front setback, it shall be effectively screened by earth berms or landscaping, which shall be at least four feet above parking lot grade; and

4.

In order to preserve natural landscaping on stream banks, an undisturbed setback of ten feet shall be retained next to the major streams where 100-year floodplains have been recorded.

H.

Lighting Standards: Any lighting in the planned corridor district used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjacent residential property. Specifically, lights with no cutoff type luminaire shall be no higher than ten feet and shall have a minimum illumination, measured at the lot line at ground level, of .20 candlepower. Lights with a cutoff-type luminaire shall be no higher than 20 feet with a maximum illumination, measured at the lot line ground level, of .30 candlepower. Lights with a luminaire of less than 90-degree cutoff shall be no higher than 20 feet, with a maximum illumination, measured at the lot line at ground level, of .50 candlepower. The burden of proof of the candlepower provided shall be upon the developer.

I.

Sign Standards: Signs in the planned corridor district shall meet the standards in the sign ordinance.

J.

Architectural Standards: All commercial, industrial, and multi-family structures in the planned corridor district shall meet the city's architectural design review guidelines. In addition, all commercial and multi-family structure shall meet the following standards:

1.

Roof shall be flat or nearly flat and concealed by horizontal parapets;

2.

A minimum of 80 percent of the surface material, excluding doors and windows, shall be brick or split block, etc. (see guidelines).

K.

Required Information for Site Plans: When applying for a development permit in the planned corridor district, applicants shall submit, in addition to any other requirements, the following information.

1.

A site plan drawn to scale showing drainage; storm water detention, significant natural features; all access points, including access to major arterials; arrangement, uses and dimensions and elevations of buildings; parking and loading; landscaping, walls and fences; open space; setbacks; and existing adjacent land uses of abutting property;

2.

Developers requesting approval for residential projects with 50 units or more, or commercial projects with over 100 feet x 100 feet (square feet) or one-fourth acre, within the planned corridor districts shall submit, as part of the application for the development plan, an approved traffic impact statement for the proposed development. The statement shall provide data on the traffic generated by the proposed development, using existing traffic counts generated by the county and other sources, and the methods set forth in the most recent edition of the Highway Capacity Manual. The statement shall also show the traffic network includes all the subcollectors and collectors from the point of the origin at the proposed development up to and including intersections with secondary or major arterials. The statement must show the impact of the proposed development on the level of service of the relevant streets in the traffic network. "Level of service" refers to the categories A through F set forth by the Highway Capacity Manual.

L.

Driveway Standards:

1.

General Performance Standard: It shall be unlawful to construct or use any direct access driveway that does not meet the following criteria:

a.

Any driveway design must allow an entering vehicle turning speed of 15 mph to help reduce interference with through street traffic.

b.

Driveway design and placement must be in harmony with internal circulation and parking design such that the entrance can absorb the maximum rate of inbound traffic during normal weekday peak traffic as determined by a competent traffic survey.

c.

There must be sufficient on-site storage to accommodate at least three queued vehicles waiting to park or exit without using any portion of the street right-of-way in any other way interfering with street traffic.

d.

Provisions for circulation between adjacent parcels should be provided through coordinated or joint parking systems, or other methods as specified in the city's comprehensive plan.

e.

Driveway entrances must be able to accommodate all vehicle types having occasion to enter the site, including delivery vehicles.

f.

Direct-access driveway placement must be such that an exiting vehicle has an unobstructed sight distance according to the following schedule.

Highway Design Speed (mph) Sight Distance (feet)
30 200
35 225
40 275
45 325
50 380
55 435
60 505

 

g.

Driveway design must be such that an entering vehicle will not encroach upon the exit lane of a two-way driveway. Also, a right-turning exiting vehicle will be able to use only the first through-traffic lane available without encroaching into the adjacent through lane.

2.

Standards for Right-Turn Lanes and Tapers: Right-turn lanes and tapers will be required when:

a.

Expected right-turn ingress movements meet or exceed 50 per hour during a typical weekday peak traffic period.

b.

Driveway volumes are expected to meet or exceed 1,000 vehicles per day.

c.

The city engineer can document, through traffic analysis, that such treatment is necessary to avoid congestion and/or unsafe conditions on the public thoroughfare.

3.

Driveway Profile: Driveway profiles shall be determined using the following criteria:

a.

The grade of a two-way, one-way, or divided commercial driveway shall not exceed 1.5 percent for a minimum distance of 25 feet from the edge of the pavement. Beyond this distance, the grade shall not exceed eight percent.

b.

If the highway is curbed and if the sidewalk is ten feet or less from the edge of the pavement, the grade of a driveway shall be the grade required to meet the sidewalk elevation, but, if that grade would exceed the maximums specified in paragraph 1, the sidewalk shall be either tilted or inclined.

c.

If the highway is uncurbed, the grade of the driveway between the highway of pavement and the edge of the shoulder shall conform to the slope of the shoulder to the edge of the driveway approach.

d.

For a driveway on an upgrade towards the highway, a grade of 1.5 percent for a distance of 100 feet the edge of the pavement is required. Beyond this distance, the grade shall not exceed 40 percent and the difference in grades where there is a change of grade shall not exceed three percent.

e.

Vertical curves with a minimum length of 15 feet shall be provided at a change of grade of four percent or more.

f.

If the sidewalk elevation has to be adjusted to meet the driveway, the sidewalk shall be inclined at a rate not to exceed one-foot vertical for every 24 feet horizontal.

4.

Driveway Spacing: Minimum driveway is needed to help mitigate traffic congestion on arterial roads. Driveway spacing will be determined as a function of arterial highway operating speeds spacing will be determined according to the following schedule:

Highway Speed Limit (mph) Minimum Spacing (feet)
25 105
30 125
35 150
40 185
45 230
50 275

 

These spacings are based on average vehicle acceleration and deceleration rates and are considered necessary to maintain safe traffic operation. Spacing will be measured from the midpoint of each driveway. In the event that a particular parcel or parcels lack sufficient arterial frontage to maintain adequate spacing, the landowner(s) have one of two options:

a.

They can seek a variance from the zoning administrator for minimum spacing, but in no case can the variance be greater than the next lowest minimum spacing on the table above.

b.

The adjacent landowners may agree to establish a common driveway. In such cases, the driveway midpoint should be the property line between the parcels. The driveway must meet standard specifications, and the estimated driveway volume will be the sum of the trip-generation rate of both land uses in question.

5.

Bonus for Combining Access Points: When two adjacent property owners agree to combine access points, the county will grant an incentive bonus. The total lot size and road frontage normally required will each be reduced by 15 percent for both landowners. In addition, the required number of parking spaces will be reduced by 15 percent for each development. Site circulation and safety standards will still be enforced.

6.

Number of driveways per parcel:

a.

A maximum of one driveway opening shall be permitted to a particular site from each of any one or two abutting streets.

b.

When in the opinion of the city or of the city engineer, and in the view of the permittee, it is in the interest of good traffic operation, the planning and zoning board may permit one additional driveway entrance along a continuous site with frontage in excess of 300 feet or two additional driveway entrances along a continuous site with frontage in excess of 600 feet.

c.

Where a dual-service driveway is used, it will be considered, for purposes of this section, to be only one direct-access driveway.

d.

In the case of dual one-way driveways, one pair of one-way drives may be used per street frontage.

7.

Corner Clearance: All direct-access driveways shall be constructed such that the point of tangency of the curb return radius closest to a signalized or stop-sign-controlled intersection shall be at least 40 feet from the perpendicular curb face of the intersecting street. Using a 15-foot driveway radius, the edge of the driveway radius, the edge of the driveway throat shall be 55 feet from the curb face of the perpendicular intersecting street. The driveway radius shall not compound with the intersection corner radius.

1.525.09 LAND USES NOT SPECIFICALLY PROHIBITED OR PERMITTED: Proposed land uses not specifically permitted or prohibited under the provisions of this subsection shall be subject to administrative interpretation by the zoning administrator pursuant to section 1.600.02 of the zoning ordinance.

SECTION 1.550 - - (S-3) MEDICAL SERVICES DISTRICT

1.550.01 PURPOSE OF THIS DISTRICT: The purpose of this district is to provide for areas suitable for medical services of all types, including hospital, medical clinic and offices, medical supplies, mixed outpatient services/residential uses, medical personnel residential uses and the Yazoo Hospice Group. The intent is to provide a district where all medical related uses can be grouped together for the convenience of the medical uses as well as for the convenience of the community.

1.550.02 LAND USES PERMITTED:

A.

Hospitals;

B.

Medical clinics;

C.

Medical offices;

D.

Medical supplies;

E.

Mixed outpatient services/residential uses;

F.

Medical residential, e.g. Yazoo Hospice Group.

1.550.03 SPECIAL EXCEPTIONS AS PROVIDED IN SECION 1.700.09:

A.

Public/quasi-public facilities and utilities in compliance with section 1.33 and other regulations of this ordinance.

B.

Child care facilities.

C.

Restaurants.

D.

Drugstores.

1.550.04 DIMENSIONAL REQUIREMENTS:

A.

Maximum building height: 45 feet.

B.

Minimum lot area: 10,000 square feet.

C.

Minimum lot width: 50 feet at the set back line.

D.

Minimum Yards:

1.

Front yard: 35 feet. The first ten feet inside this front yard set (adjacent to the street right-of-way line) shall remain open except for entrance/exit driveways and shall be landscaped; no parking shall be permitted in driveways within the first ten feet of the front yard setback.

2.

Side yards where not abutting a residential district or Agricultural district: Fifteen feet; the first five feet inside this side yard setback (adjacent to the property line) shall be landscaped. The remainder of the side yard (between the landscaped five feet and the structure) may be used for driveways, parking, or other paved areas.

3.

Rear yards where not abutting a residential district or Agricultural (A-1) district: Twenty feet; the first five feet inside this rear yard setback (adjacent to the property line) shall be landscaped. The remainder of the rear yard (between the landscaped five feet and the structure) may be used for driveways, parking, or other paved areas.

4.

Side yards and rear yards where abutting any residential district or agricultural (A-1) district: Twenty-five feet, which shall remain open and be landscaped; or 15 feet, which shall remain open and be landscaped and a fence approved by the zoning administrator along side or rear yards abutting such residential district. All side or rear yards shall be landscaped open area with no encroachments permitted including driveways, parking lots, or other paved areas.

E.

Minimum Space Between Buildings on the Same Lot: 30 feet. No more than two-thirds (66⅔ percent) of the space between such buildings shall be paved; the remaining area shall be landscaped.

F.

Minimum Green Space: Each lot shall have a minimum of ten percent green space maintained by the property owner.

1.550.05 SITE PLAN REQUIRED: A site plan shall be submitted to the zoning and planning board in accordance with section 1.600.11 of this ordinance.

1.550.06 REQUIRED LANDSCAPING ALONG ARTERIAL STREETS: Landscaping should be provided along an arterial street if adjacent to the property.

1.550.07 REQUIRED OFF-STREET PARKING, LOADING AND ACCESS CONTROL: See section 1.37 for off-street parking, loading, and access control requirements.

1.550.08 SIGNS: See Sign Ordinance.

1.550.09 LAND USES NOT SPECIFICALLY PROHIBITED OR PERMITTED: Proposed land uses not specifically permitted or prohibited under the provisions of this subsection shall be subject to administrative interpretation by the zoning administrator pursuant to section 1.700.02 of the zoning ordinance. A public hearing is required because section 1.600.08 involves amending the text of the zoning ordinance.

SECTION 1.575 - B S-4 WILLIE E. MORRIS PARKWAY OVERLAY DISTRICT

1.575.1 PURPOSE OF DISTRICT: The general purposes of this section are to protect the integrity of and to encourage improved development design along the corridor known as Willie E. Morris Parkway. As a matter of public policy the city aims to redevelop, enhance, and perpetuate those aspects of overlay districts that have aesthetic, architectural, cultural, and/or historical significance. Such development activities will promote and protect the health, safety, prosperity, and general welfare of persons living in Yazoo City.

As an overlay zone, the Willie E. Morris Parkway Overlay District is mapped, and its regulations are imposed in addition to those of the underlying district. Developments within the overlay zone must conform to the requirements of both zones or the more restrictive of the two.

Specifically, the corridor district guidelines are designed to encourage the following in the corridor districts.

A.

To prevent the placement of inappropriate land uses along the parkway;

B.

To promote uniformity, with regard to dimensional regulations (i.e., maximum height, lot area and lot width, density, setbacks, and open space);

C.

To standardize landscaping requirements for private property within the corridor district;

D.

To establish sign regulations to prevent the erection of outdoor advertising that would detract from the aesthetic quality of the parkway district, thereby diminishing property values;

E.

To establish uniform off-street parking, service area, and access control regulations;

F.

To enact exterior lighting regulations that will minimize glare, promote security, and provide vehicular traffic and pedestrian safety; and

G.

To promote site plan review standards and procedures that encourages the highest quality of development while preventing unnecessary delays;

H.

The minimum width of the Parkway District along the Willie E. Morris Parkway is 600 feet on either side of the right-of-way. The Parkway begins from the west right-of-way line of U.S. Highway 49 (Jerry Clower Boulevard) to 300 feet from the east right-of-way line of state Highway 3 (Haley Barbour Parkway).

1.575.2 PERMITTED LAND USES: C-1, C-2, C-3 commercial uses and I-1 Light industrial uses except for prohibited uses.

1.575.3 SPECIAL EXCEPTIONS/CONDITIONAL USES AS PROVIDED UNDER SECTION 1.600.15: Only those conditional uses that are specifically permitted in the C-1, C-2, C-3, and I-1 districts except for prohibited uses.

1.575.4 PROHIBITED PARKWAY DISTRICT LAND USES: To maintain the integrity of this district the following uses are prohibited regardless of the type of district in which they are found. These uses apply only in the portions of each district covered by the overlay. If any of these prohibited land uses legally existing in areas covered by the overlay at the date of the ordinance's adoption, they are "grandfathered," that is, they may continue to exist and operate. Furthermore, these uses may expand into areas covered by the overlay.

A.

Group homes for the handicapped and personal care facilities.

B.

Child care centers.

C.

Mobile homes and mobile home sales lots.

D.

Apartments.

E.

Coin laundry.

F.

Automotive service and repair establishments.

G.

Re-cycling collection point.

H.

Car wash.

I.

Bingo parlors.

J.

Palm readers, psychics, fortune tellers, soothsayers, tarot card readers, and similar businesses that foretell the future.

K.

Pawn shops.

L.

Title pledge office.

M.

Secondhand store.

N.

Bars not associated with restaurants.

O.

Mini-warehouses.

P.

Commercial communication towers.

Q.

Adult arcades, adult bookstores, adult cabarets, adult entertainment establishments, adult motel, and adult motion picture theaters.

R.

Truck terminals, warehouses and storage buildings.

S.

Wholesale and supply houses.

T.

Bulk storage and wholesale dispersing of products and materials.

U.

Wrecker services and junk yards.

1.575.05 SITE PLAN REQUIRED: The developer of any use in the S-4 Willie E. Morris Parkway Overlay District shall submit a site plan to the planning and zoning board in accordance with section 1.600.20 of this ordinance.

1.575.06 GENERAL STANDARDS:

A.

Loading Areas Screened: Loading areas shall be screened and located on side or rear yards.

B.

Outdoor Storage: Outdoor storage shall not be allowed in the district.

C.

Access to Property: Access to the property shall be approved by the city engineer, planning and zoning board, and board of mayor and aldermen.

D.

Off-Site Traffic Impact: The off-site impact of the site-generated traffic shall be based on a study performed by the developer using the latest edition of the Highway Capacity Manual. The results of the corresponding impacts shall be evaluated relative to the computed levels of service at various time frames and durations as defined in the manual. A plan for mitigating any adverse effects shall be proposed by the developer and approved by the city engineer, planning and zoning board, and board of mayor and aldermen prior to the issuance of any building permits. The traffic mitigation plan shall be based on the results of the traffic study and shall include proposed improvements, a cost estimate, a construction schedule, and the extent of participation by the proposed development.

E.

Half or Partial Streets: New half or partial streets shall be prohibited in new developments. When a tract to be developed borders an existing street having a right-of-way width insufficient to conform to the minimum width standards required by these regulations, such additional right-of-way shall be platted and dedicated in such a way as to make the resulting street conform.

F.

Buffer Standards: When nonresidential uses abut residential uses, the following standards apply:

1.

All of the structures for the nonresidential uses shall be set back a minimum of 50 feet from the residential property line and a 25-foot landscaped buffer shall be located between the residential and nonresidential uses; or

2.

All of the structures for the nonresidential uses shall have a minimum 25-foot landscaped buffer and a masonry wall or a fence, as approved by the board of mayor and aldermen, located between the residential and nonresidential use.

G.

Minimum Landscaping Requirements: Persons wishing to develop property within the entranceway corridor district shall comply with the landscaping standards of this ordinance as follows:

1.

Developers of commercial or industrial uses in this district shall comply with section 1.600.20.D of this ordinance regarding the provision of landscaping along arterial streets upon which the use abuts. Where permitted as special exceptions, the developers of public/quasi-public facilities shall comply with sections 1.600.17 through 1.600.20.

2.

Existing natural landscaping material shall not be disturbed within 25 feet of the property line that adjoins the street right-of-way. This area shall be labeled as open space setback. No structures, fences, walls, or parking are allowed in this setback;

3.

Landscaping shall be provided in the open space setback where landscaping has been disturbed and shall be provided surrounding buildings and parking areas at a minimum width of five feet. The intensity of landscaping shall be two plants per 30 square feet of landscaped area. One-half of vegetation shall be at least four-feet high, and one-half shall be one-foot high at the time of planting. Trees shall be a minimum of ten percent of the total planting. If parking is provided in the front setback, it shall be effectively screened by earth berms or landscaping, which shall be at least four feet above parking lot grade; and

4.

In order to preserve natural landscaping on stream banks, an undisturbed setback of ten feet shall be retained next to the major streams where 100-year floodplains have been recorded.

H.

Lighting Standards: Any lighting in the Willie E. Morris Parkway District used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjacent residential property. Specifically, lights with no cutoff type luminaire shall be no higher than ten feet and shall have a minimum illumination, measured at the lot line at ground level, of .20 candlepower.

Lights with a cutoff-type luminaire shall be no higher than 20 feet with a maximum illumination, measured at the lot line ground level, of .30 candlepower. Lights with a luminaire of less than 90-degree cutoff shall be no higher than 20 feet, with a maximum illumination, measured at the lot line at ground level, of .50 candlepower. The burden of proof of the candlepower provided shall be upon the developer.

I.

Sign Standards: Signs in the parkway district shall meet the standards in the city's sign ordinance.

J.

Architectural Standards: All commercial, industrial, and multi-family structures in the parkway district shall meet the following architectural standards:

1.

If a flat or nearly roof is used on a building, it and mechanical equipment on the roof shall be concealed by horizontal parapets;

2.

A minimum of 80 percent of the surface material, excluding doors and windows, shall be brick or split block, etc.

K.

Required Information for Site Plans: When applying for a development permit in the parkway district, applicants shall submit, in addition to any other requirements, the following information.

1.

A site plan drawn to scale showing drainage; storm water detention, significant natural features; all access points, including access to major arterials; arrangement, uses and dimensions and elevations of buildings; parking and loading; landscaping, walls and fences; open space; setbacks; and existing adjacent land uses of abutting property;

2.

Developers requesting approval for residential projects with 50 units or more, or commercial projects with over 100 feet x 100 feet (square feet) or one-fourth acre, within the parkway districts shall submit, as part of the application for the development plan, an approved traffic impact statement for the proposed development. The statement shall provide data on the traffic generated by the proposed development, using existing traffic counts generated by the county and other sources, and the methods set forth in the most recent edition of the Highway Capacity Manual. The statement shall also show the traffic network includes all the subcollectors and collectors from the point of the origin at the proposed development up to and including intersections with secondary or major arterials. The statement must show the impact of the proposed development on the level of service of the relevant streets in the traffic network. A level of service refers to the categories A through F set forth by the Highway Capacity Manual.

L.

Driveway Standards:

1.

General Performance Standard: It shall be unlawful to construct or use any direct access driveway that does not meet the following criteria:

a.

Any driveway design must allow an entering vehicle turning speed of 15 mph to help reduce interference with through street traffic.

b.

Driveway design and placement must be in harmony with internal circulation and parking design such that the entrance can absorb the maximum rate of inbound traffic during a normal weekday peak traffic as determined by a competent traffic survey.

c.

There must be sufficient on-site storage to accommodate at least three queued vehicles waiting to park or exit without using any portion of the street right-of-way in any other way interfering with street traffic.

d.

Provisions for circulation between adjacent parcels should be provided through coordinated or joint parking systems, or other methods as specified in the city's comprehensive plan.

e.

Driveway entrances must be able to accommodate all vehicle types having occasion to enter the site, including delivery vehicles.

f.

Direct-access driveway placement must be such that an exiting vehicle has an unobstructed sight distance according to the following schedule.

Highway Design Speed (mph) Sight Distance (feet)
30 200
35 225
40 275
45 325
50 380
55 435
60 505

 

g.

Driveway design must be such that an entering vehicle will not encroach upon the exit lane of a two-way driveway. Also, a right-turning exiting vehicle will be able to use only the first through-traffic lane available without encroaching into the adjacent through lane.

2.

Standards for Right-Turn Lanes and Tapers: Right-turn lanes and tapers will be required when:

a.

Expected right-turn ingress movements meet or exceed 50 per hour during a typical weekday peak traffic period.

b.

Driveway volumes are expected to meet or exceed 1,000 vehicles per day.

c.

The city engineer can document, through traffic analysis, that such treatment is necessary to avoid congestion and/or unsafe conditions on the public thoroughfare.

3.

Driveway Profile: Driveway profiles shall be determined using the following criteria:

a.

The grade of a two-way, one-way, or divided commercial driveway shall not exceed 1.5 percent for a minimum distance of 25 feet from the edge of the pavement. Beyond this distance, the grade shall not exceed eight percent.

b.

If the highway is curbed and if the sidewalk is ten feet or less from the edge of the pavement, the grade of a driveway shall be the grade required to meet the sidewalk elevation, but, if that grade would exceed the maximums specified in paragraph 1, the sidewalk shall be either tilted or inclined.

c.

If the highway is uncurbed, the grade of the driveway between the highway of pavement and the edge of the shoulder shall conform to the slope of the shoulder to the edge of the driveway approach.

d.

For a driveway on an upgrade towards the highway, a grade of 1.5 percent for a distance of 100 feet the edge of the pavement is required. Beyond this distance, the grade shall not exceed 40 percent and the difference in grades where there is a change of grade shall not exceed three percent.

e.

Vertical curves with a minimum length of 15 feet shall be provided at a change of grade of four percent or more.

f.

If the sidewalk elevation has to be adjusted to meet the driveway, the sidewalk shall be inclined at a rate not to exceed one-foot vertical for every 24 feet horizontal.

4.

Driveway Spacing: Minimum driveway is needed to help mitigate traffic congestion on arterial roads. Driveway spacing will be determined as a function of arterial highway operating speeds spacing will be determined according to the following schedule:

Highway Speed Limit (mph) Minimum Spacing (feet)
25 105
30 125
35 150
40 185
45 230
50 275

 

These spacings are based on average vehicle acceleration and deceleration rates and are considered necessary to maintain safe traffic operation. Spacing will be measured from the midpoint of each driveway. In the event that a particular parcel or parcels lack sufficient arterial frontage to maintain adequate spacing, the landowner(s) have one of two options:

a.

They can seek a variance from the zoning administrator for minimum spacing, but in no case can the variance be greater than the next lowest minimum spacing on the table above.

b.

The adjacent landowners may agree to establish a common driveway. In such cases, the driveway midpoint should be the property line between the parcels. The driveway must meet standard specifications, and the estimated driveway volume will be the sum of the trip-generation rate of both land uses in question.

5.

Bonus for Combining Access Points: When two adjacent property owners agree to combine access points, the city will grant an incentive bonus. The total lot size and road frontage normally required will each be reduced by 15 percent for both landowners. In addition, the required number of parking spaces will be reduced by 15 percent for each development. Site circulation and safety standards will still be enforced.

6.

Number of Driveways Per Parcel:

a.

A maximum of one driveway opening shall be permitted to a particular site from each of any one or two abutting streets.

b.

When in the opinion of the city or of the city engineer, and in the view of the permittee, it is in the interest of good traffic operation, the planning and zoning board may permit one additional driveway entrance along a continuous site with frontage in excess of 200 feet or two additional driveway entrances along a continuous site with frontage in excess of 400 feet.

c.

Where a dual-service driveway is used, it will be considered, for purposes of this section, to be only one direct-access driveway.

d.

In the case of dual one-way driveways, one pair of one-way drives may be used per street frontage.

7.

Corner Clearance: All direct-access driveways shall be constructed such that the point of tangency of the curb return radius closest to a signalized or stop-sign-controlled intersection shall be at least 40 feet from the perpendicular curb face of the intersecting street. Using a 15-foot driveway radius, the edge of the driveway radius, the edge of the driveway throat shall be 55 feet from the curb face of the perpendicular intersecting street. The driveway radius shall not compound with the intersection corner radius.

1.575.07 LAND USES NOT SPECIFICALLY PROHIBITED OR PERMITTED: Proposed land uses not specifically permitted or prohibited under the provisions of this subsection shall be subject to administrative interpretation by the zoning administrator pursuant to section 1.600.02 of the zoning ordinance.

SECTION 1.580 - P-1 PUBLIC/QUASI-PUBLIC USE DISTRICT

1.580.01 PURPOSE OF THIS DISTRICT: The purpose of this district is to provide for areas suitable for public and quasi-public uses and that these public/quasi-public uses are not intended to conflict with other use districts.

1.580.02 LAND USES PERMITTED: Public and quasi-public uses as defined in the Definitions Section of this ordinance.

1.580.03 SPECIAL EXCEPTIONS AS PROVIDED IN SECTION 1.700.09:

1.580.04 DIMENSIONAL REQUIREMENTS:

A.

Maximum Building Height: 45 feet, as measured from the average of finished ground elevations at the front line of the building or structure, and unless greater height is approved by the board of mayor and aldermen.

B.

Minimum Lot Area: None specified.

C.

Minimum Lot Width: None specified.

D.

Minimum Yards:

1.

Front yard: Must be compatible with structures and buildings in surrounding neighborhood.

2.

Side yards where not abutting a residential district or agricultural district: Fifteen feet; the first five feet inside this side yard setback (adjacent to the property line) shall be landscaped. The remainder of the side yard (between the landscaped five feet and the structure) may be used for driveways, parking, or other paved areas.

3.

Rear yards where not abutting a residential district or agricultural (A-1) district: Twenty feet; the first five feet inside this rear yard setback (adjacent to the property line) shall be landscaped. The remainder of the rear yard (between the landscaped five feet and the structure) may be used for driveways, parking, or other paved areas.

4.

Side and rear yards where abutting any residential district or agricultural (A-1) district: Twenty-five feet, which shall remain open and be landscaped; or 15 feet, which shall remain open and be landscaped and a fence approved by the zoning administrator along the side or rear lot lines abutting such residential district. All side or rear yards shall be landscaped open area with no encroachments permitted including driveways, parking lots, or other paved areas.

E.

Minimum Space Between Buildings on the Same Lot: 30 feet. No more than two-thirds (66⅔ percent) of the space between such buildings shall be paved; the remaining area shall be landscaped.

F.

Minimum Green Space: Each lot shall have a minimum of ten percent (10%) green space maintained by the property owner.

1.580.05 SITE PLAN REQUIRED: A site plan shall be submitted to the zoning and planning board in accordance with section 1.600.11 of this ordinance.

1.580.06 REQUIRED LANDSCAPING ALONG ARTERIAL STREETS: Landscaping should be provided along an arterial street if adjacent to the property.

1.580.07 REQUIRED OFF-STREET PARKING, LOADING, AND ACCESS CONTROL: See section 1.37 for off-street parking, loading, and access control requirements.

1.580.08 SIGNS: See sign ordinance.

1.580.09 LAND USES NOT SPECIFICALLY PROHIBITED OR PERMITTED: Proposed Land uses not specifically permitted or prohibited under the provisions of this subsection shall be subject to administrative interpretation by the zoning administrator pursuant to section 1.700.02 of the zoning ordinance. A public hearing is required because section 1.600.08 involves amending the text of the zoning ordinance.

SECTION 1.585 - - F-1 FLOOD PLAIN DISTRICT

1.585.01 PURPOSE OF THIS DISTRICT: The purpose of this district is to manage the city's flood plains according to the Yazoo City Flood Prevention Damage Ordinance to help prevent or minimize property damage from flooding.