ORDINANCE NO. 08-2026 CITY OF PASCAGOULA, MISSISSIPPI AN ORDINANCE TO AMEND TABLE 4.2.B.2: PRINCIPAL USE TABLE; TO MODIFY SECTION 4.3.D.5.a. TO ADD USE STANDARDS FOR BARS, LOUNGES, BREWPUBS, AND NIGHTCLUBS LOCATED IN CERTAIN ZONING DISTRICTS; AND FOR RELATED PURPOSES. WHEREAS, Mississippi Code Sections 21-17-5 and 21-13-1 provide that the City Council possesses the authority to adopt ordinances with respect to property located within the City; and WHEREAS, the City of Pascagoula has adopted a Unified Development Ordinance (UDO) to, inter alia, establishes regulations protecting the health, safety, and welfare of the City, along with promoting development in an orderly fashion; and WHEREAS, Article 4 of the City of Pascagoula's UDO establishes Use Standards; and WHEREAS, the UDO generally allows bars/lounges, brewpubs, and nightclubs in Neighborhood Commercial (NC) and Community Commercial (CC) zones; and WHEREAS, the NC zone is "intended to ensure uses and development intensities are consistent with a neighborhood scale, compatible with surrounding uses, and do not encourage traffic from outside the neighborhood;" and WHEREAS, the CC zone is "intended to accommodate a diverse range of medium-intensity retail, service, office, and institutional uses that provide goods and services serving the residents and businesses in the community at large;" and WHEREAS, throughout the City, the NC and CC zones frequently border residential areas and uses; and WHEREAS, certain revisions to Table 4.2.B.2. are needed to clarify the use standards applicable to bars, lounges, brewpubs, and nightclubs; specifically, Section 4.3.D.5.a. should be added as a specific use standard applicable to brewpubs and nightclubs in Table 4.2.B.2.; and WHEREAS, certain revisions to Section 4.3.D.5.a. are needed to establish additional use standards for bars, lounges, brewpubs, and nightclubs to address potential negative impacts arising from their proximity to residential uses and areas; and WHEREAS, modifications in the use standards in Section 4.3.D.5.a. will protect neighborhoods while, at the same time, promoting development in an orderly fashion; and WHEREAS, the amendments adopted herein are consistent with City-adopted plans, addresses demonstrated community needs for economic development and the protection of neighborhoods, will improve compatibility among uses, will result in a logical and orderly development pattern, and will not result in significantly adverse impacts on the natural environment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PASCAGOULA AS FOLLOWS:[1] SECTION 1. The City Council hereby adopts the forgoing recitals as its findings. SECTION 2. Table 4.2.B.2: Principal Use Table is amended to add "Section 4.3.D.5.a." as a specific use standard applicable to the "brewpub" and "nightclub" uses. SECTION 3. Section 4.3.D.5.a. of the UDO is hereby amended to read as follows: Live Entertainment Live music and entertainment with or without amplification is permitted; provided, however, outdoor live music and entertainment in a Neighborhood Commercial (NC) or Community Commercial (CC) zoning district is not allowed between the hours of 10:00 p.m. and 8:00 a.m. Off-Premise Alcohol Sales If licensed by the state for off-premise sales, brewpubs may sell malt beverages for consumption off premises, limited to the sale of no more than ten percent of the total on-premises production. Accessory Uses Bars, lounges, brewpubs, and nightclubs serving as an accessory use to a principal use shall comply with the standards in Section 4.4, Accessory Uses and Structures. Buffer Requirements for Residential Uses Bars, lounges, brewpubs, and nightclubs in a Neighborhood Commercial (NC) or Community Commercial (CC) zoning district must be located a minimum of two-hundred (200) feet away from any residentially zoned land or residential use. For purposes of this Section, the distance shall be measured from the boundary line of the drinking establishment to the boundary line of the residential zone or use, whichever is nearer. SECTION 4. Any Table of Contents, Index, and other page and section numbering impacted by the amendments herein shall be updated and renumbered as necessary. SECTION 5. The amendments to this Ordinance shall become effective as provided by law. SECTION 6. Simultaneous with the effectiveness of this Ordinance, the moratorium imposed by Ordinance No. 13-2025 on December 16, 2025 shall be repealed. The motion to approve and adopt the foregoing Ordinance was made by Councilwoman Young and seconded by Councilwoman Brandenstein, and the following vote was recorded: Mayor Willis Voting Aye Councilman Stallworth Voting Aye Councilman Fornett Voting Aye Councilwoman Young Voting Aye Councilman Parker Voting Aye Councilman Blythe Voting Aye Councilwoman Brandenstein Voting Aye RESOLVED, this the 21st day of April, 2026. ATTEST: CITY COUNCIL /s/ Karen Kennedy City Clerk /s/ Jay Willis Mayor [1] Underline denotes new text. IPL0334552 Apr 26 2026