Article VII. ACCESSORY BUILDINGS AND USES  

Accessory buildings and uses are permitted when in accordance with the following:

1.

Residential properties are limited to:

a.

Private garages and storage buildings.

b.

Vegetable and flower gardens, fruit and nut trees, for use by members of the family residing on the premises and not for commercial purposes.

c.

Raising and keeping of small animals and fowl, but not on a commercial basis or on a scale creating objectionable conditions noticeable from neighboring properties.

d.

Tennis courts, swimming pools, garden houses, pergolas, ornamental gates, barbecue ovens, fireplaces, and similar uses customarily accessory to residential uses.

e.

Home Occupations as regulated in Article V, Section 1, a, (10).

2.

Fences, walls, and hedges: (Amended 12/8/99)

a.

Fence standards, generally: The following fence regulations shall apply in all zoning districts:

(1)

Orientation: The finished, good, or attractive side of the fence shall face the adjoining property or street. The vertical and horizontal support posts must be hidden from the adjoining property or street if the appearance of the fence structure is not the same on both sides.

(2)

Height: No fence, wall, or hedge shall be constructed or altered to exceed six (6) feet in height, except as may be indicated in the specific district regulations below, or as may be approved by the Board of Adjustment as a variance, in light of the topography or other unique characteristics of the property.

(3)

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

(4)

Utility easements: The city shall not be responsible for the replacement or repair of any fence erected within a dedicated utility easement, and subsequently required to be removed due to utility installation, repair, or maintenance, or as a result of securing access to the rear of the property for emergency purposes. It shall be the property-owner's responsibility to contact the City Engineer concerning the location of the aforementioned easements prior to the construction of any fence.

(5)

Utility structures: Fences shall not block access to any aboveground, pad-mounted transformer or other utility structure. Location of the fence shall provide a minimum clear access to the utility structure as required by the relevant utility company.

(6)

Advertisements: It shall be unlawful for any person to place, erect, paste, stick, paint, or maintain upon any fence or wall within the City any painted advertisement, banner, poster, sign, circular, or graffiti.

(7)

Electrified fences: No person shall erect, or cause to be erected, maintain, or cause to be maintained, any fence or enclosure, above ground, of which any part is charged with, or designed to be charged with, electrical current, except as specified in the agricultural districts.

(8)

Maintenance: It shall be the property-owner's responsibility to maintain any fence located upon the property, and to reconstruct, replace, or remove any fence that becomes unsightly or a menace to public safety.

b.

Fence regulations for the "A," Agricultural District and the "AR," Agricultural/Residential District:

(1)

Manner of construction:

(a)

Agricultural uses: When used in conjunction with an approved farming operation (see Chapter 2, Definitions, "Agricultural Use") electrified fences, barbed wire, welded wire, and single strand steel fences are allowed.

(b)

All other uses: As required in the residential districts.

(c)

Prohibited materials: Canvas, cloth, and other impermanent materials, and corrugated metal, metal plates, plastic or plexiglass materials.

(2)

Location:

(a)

Agricultural uses: When used in conjunction with an approved agricultural use, electrified fences, barbed wire, welded wire, single strand steel and other similar fence types customarily used for the containment of livestock may be located at all property lines. Decorative fences and walls, and such other fences not an integral part of the farming operation shall meet the same locational requirements of the residential districts.

(b)

All other uses: As required in the residential districts.

(c)

Height: As required in the residential districts.

c.

Fence regulations for the residential zoning districts ("R-1," "R-2," "R-3," and "R-4"):

(1)

Manner of construction:

(a)

Materials: Fences shall be constructed of masonry, durable wood, a combination of masonry and durable wood, chain-link, or pre-assembled fences constructed of polyvinyl-chloride (PVC) material. No fence shall be constructed of or contain canvas, cloth, or other impermanent material, corrugated metal, metal plates, plastic or plexi-glass, barbed wire, or single strand wire.

(b)

Construction: The finished, good, or attractive side of the fence shall face the adjoining street, unless the appearance of the fence structure is the same on both sides, in order to create a uniform appearance along the streetscape. For fences other than chain-link, the fence shall be so constructed that the horizontal and vertical support posts are hidden from public view.

(2)

Location:

(a)

Front yard: No fence, wall, or hedge shall be erected, constructed or maintained within the required front yard of any lot in excess of three (3) feet in height. Exception: On corner lots, a fence not exceeding six feet in height enclosing the rear yard of the residence may encroach into the front yard setback on the side of the principal residence providing:

i.

The residence to the immediate rear of the subject property does not face the same street towards which the proposed fence will be extended.

ii.

The fence is setback a minimum of at least ten (10) feet from the street frontage property line.

iii.

The location, design, or materials of the fence do not create a traffic visibility hazard as determined by the city staff.

iv.

The proposed fence will not extend forward of the front corner of the principal building on the lot.

(b)

Rear yard: Fences, walls, or hedges may be erected at the property line within the rear yard of all lots, including the designated rear yard of a double-frontage or reverse-frontage lot.

(c)

Side yards: Fences, walls, and hedges may be erected at the property line within the non-street facing side yard area of all lots, provided that such fences, walls, or hedges do not extend forward of the front corners of the principal building on the lot.

(3)

Height:

(a)

Fences, walls, and hedges erected within the front yard setback areas of a lot shall not exceed three (3) feet in height, except as noted in Section 2.c.(2)(a) above.

(b)

Fences, walls, and hedges erected in the side and rear yard setback areas of a lot shall not exceed six (6) feet in height.

(c)

Fences surrounding tennis courts shall be constructed of chain-link and shall not exceed twelve (12) feet in height.

d.

Fence regulations for all commercial zoning districts ("O," "C-1," "C-2," "C-3," "C-4," and "C-5"):

(1)

Manner of construction:

(a)

Materials: As required in residential districts. Exception: In the "C-1," "C-2," "C-3," "C-4," and "C-5" commercial zones where the retail sales of cars, trucks, motor homes, travel trailers, boats, tractors and/or equipment are normally stored outside of the principal building within the front yard area of the lot, bollard and pipe rail fences may be used provided they do not exceed the height requirements of this section.

(b)

Construction: As required in the residential districts. However, to the extent that chain-link fencing is proposed for use, it shall be limited to vinyl-coated chain link only.

(2)

Location: As required in residential districts

(3)

Height: As required in residential districts.

e.

Fence regulations for all industrial zoning districts ("M-1," "M-2," and "M-3"):

(1)

Manner of construction: For all commercial and industrial uses fences shall conform to the requirements for commercial districts. However, to the extent that chain-link fencing is proposed for use, it shall be limited to vinyl-coated chain link only.

(2)

Location: For all commercial and industrial uses fences shall conform to the requirements for commercial districts, however, for industrial uses only, fences over three (3) feet in height may be allowed within the required front yard setback area of the lot, providing the fence is constructed of chain-link, and does not exceed the required height limitations of this district.

(3)

Height: As required in the commercial districts, however, for industrial uses only, fences over three (3) feet in height, but not more than eight (8) feet in height, may be located within the front yard setback area of the property, provided that it is constructed of masonry, a decorative metal such as wrought iron, aluminum simulated wrought iron, or the like, or a combination of masonry and decorative metal and is located a minimum of ten (10) feet behind the curb line of the street. The maximum height of the fence shall be limited to six (6) feet in height if barbed or razor wire, not exceeding two (2) feet in height, will be placed at the top of the fence for security purposes.

f.

Decorative fences and walls: Decorative fences and walls taller than three (3) feet in height, but no taller than six (6) feet in height, may be located within the front yard setback area of the subject property, subject to approval by the board of adjustment as a conditional use. Such decorative fences and walls shall meet the following requirements:

(1)

Such fences shall not be located closer than ten (10) feet to the street frontage property lines.

(2)

The primary purpose of the fence shall be aesthetic, and not as a barrier.

(3)

All vertical supports shall be securely anchored so that they cannot be moved out of position.

(4)

All columns and imbedded vertical supports shall not be closer or further apart than six (6) feet.

(5)

All exposed steel and chain used in construction shall be preserved against rust and corrosion.

(6)

All visible elements of the fence shall be treated or painted to be compatible with its surroundings.

(7)

Recommended materials include: Brick, decorative masonry, natural and decorative stone, and masonry with a stucco finish. Treated wood may be used, but only in those instances where the wood is finished to prevent rot and discoloration. In no case shall wire, steel mesh, chain-link, or wire fencing of any kind be used in any manner as a part of a decorative fence.

(8)

The location, design, or materials of the fence do not create a traffic visibility hazard as determined by the city staff.

g.

Retaining walls: Retaining walls shall be constructed to conform to the requirements of the city building code, and the following specifications:

(1)

All permits for construction of a retaining wall shall contain an engineered construction plan prepared by a registered civil engineer licensed to do business within the State of Mississippi.

(2)

Retaining walls three (3) feet or less in height may be constructed of treated timbers, split-faced concrete block, flat-faced concrete block, or poured-in-place concrete with a flat or decorative face.

(3)

Retaining walls more than three (3) feet in height shall only be constructed of split-faced concrete block or poured-in-place concrete with a decorative face. (Within single-family residential applications only, the wall may be constructed of flat-faced concrete block or poured-in-place concrete with a flat face.)

3.

In "C" districts, there may be storage buildings not exceeding forty (40) percent of the floor area of the primary structure on the premises and parking lots.

4.

Accessory or temporary buildings may not be used for dwelling purposes.

5.

Accessory buildings not exceeding twenty (20) feet in height may be located in a rear yard but may not exceed fifty (50) percent of the floor area of the principal structure nor occupy more than thirty (30) percent of a rear yard. Any accessory building closer than ten (10) feet to a main building shall be considered as a part of the main building and shall be provided with the side and rear yards required for the main building. An accessory building more than ten (10) feet from the main building may be erected no more than five (5) feet of side lot line, or ten (10) feet to a rear lot line, but must be located at least fifty (50) feet from any street right-of-way except in the designated rear yard of a double frontage lot.

6.

Satellite dish television receiving stations are permitted in all districts.

7.

Accessory or temporary buildings shall not include any vehicle, trailer (with or without wheels), cargo container, semi-trailer, manufactured buildings not specifically designed for storage purposes, or mobile homes nor any moveable device, such as furniture, machinery, or equipment except as they may be otherwise regulated by this ordinance.

8.

Temporary buildings for construction purposes are permitted in any district as accessory buildings during the time construction is in progress. Such temporary construction buildings may include trailers, semi-trailers, cargo containers, manufactured buildings, provided such manufactured buildings are specifically designed and constructed for such use, but shall not include mobile homes designed for dwelling purposes. Permits shall be issued for not over one year and subject to annual renewal.

9.

Accessory buildings and uses, detached garages, and storage units are incidental and secondary to the principal building and/or use of the property. As such, accessory buildings and uses shall not be independently located upon a property in the absence of a principal building and use, permitted in that specific zoning district, except as they may be otherwise regulated by this ordinance. (Amended 8/20/02)

(Ord. of 10-19-99, § 1; Ord. of 8-20-02, § 1; Ord. of 11-17-09, 1(Attch.))