City of Hernando Zoning Ordinance

1 City of Hernando Zoning OrdinanceRecommended for Adoption by the Planning Commission onApril 08, 2008, Approved by MBO August 19, 2008 Office of Planning 475 West Commerce StreetMississippi Ordinance ADOPTING Zoning regulations , Zoning MAP, AND SUBDIVISIONREGULATIONS, BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OFHERNANDO, DESOTO COUNTY, STATE OF MISSISSIPPI, AS PROVIDED UNDERMISSISSIPPI CODE OF 1972, ANNOTATED, SECTION 21-19-25, AND BASED UPON THEG eneral Development PLAN COMPLETED BY THE CITY IN 2007. The Mayor and Board of Aldermen of the City of Hernando , County of DeSoto, State of Mississippi,adopted the Zoning Ordinance , Zoning Map, Design Standards and subdivision regulations , andHernando Planning Commission, and the public hearings held over the three year period, and noticeof adoption thereof is given as provided by Mississippi Code of 1972, Annotated,Comprehensive amendments were implemented based upon the 2007 Hernando GeneralDevelopment Plan and became effective on July 17, 2007.

2 Zoning ORDINANCEFOR THECITY OF HERNANDODESOTO COUNTYMISSISSIPPIZONING I. BASIC II. III DISTRICTS AND IV COMPLIANCE WITH V AGRICULTURAL "A" AGRICULTURAL "AR" AGRICULTURAL-RESIDENTIAL VI RESIDENTIAL "R-40" RESIDENTIAL SINGLE-FAMILY DISTRICT (LOW "R-30" RESIDENTIAL SINGLE-FAMILY DISTRICT (LOW "R-20" RESIDENTIAL SINGLE-FAMILY DISTRICT (LOW "R-15" RESIDENTIAL SINGLE-FAMILY DISTRICT (LOW "R-12" RESIDENTIAL SINGLE-FAMILY DISTRICT (MEDIUMDENSITY)..38g."R-10" RESIDENTIAL SINGLE-FAMILY DISTRICT (MEDIUMDENSITY)..40h."R-8" RESIDENTIAL SINGLE-FAMILY DISTRICT ( "R-6" RESIDENTIAL SINGLE-FAMILY DISTRICT ( "RM-6" RESIDENTIAL MULTIPLE-FAMILY DISTRICT ( VII COMMERCIAL "C-1" NEIGHBORHOOD COMMERCIAL DISTRICT.)))))))

3 62b."C-2" HIGHWAY COMMERCIAL "C-3" GENERAL COMMERCIAL VIII INDUSTRIAL "M-1" LIGHT INDUSTRIAL "M-2" HEAVY INDUSTRIAL IX PLANNED AND OVERLAY "C-4" PLANNED COMMERCIAL "P-B" PLANNED BUSINESS "P-O" PLANNED CORPORATE OFFICE EO ENVIRONMENTAL OVERLAY X BUFFERYARD XI SIGN XII ACCESSORY BUILDINGS AND XIII NONCONFORMING XIV CONDITIONAL XV REQUIRED OFF-STREET PARKING AND XVI THE PLANNING COMMISSION .. XVII XVIII XIX SAVING XX REPEAL OF PRIOR XXI EFFECTIVE , Mississippi Zoning OrdinancePage I. BASIC PROVISIONSThis Ordinance shall be known and may be cited and referred to as the City of Hernando provisions of this chapter shall be applicable to all property within the incorporated limitsof the City of Hernando , Mississippi, as provided by Section 17- 1-3 of State of Mississippi - The purposes of this chapter are the public health, safety, and general welfare of the City and property in a manner that reflects its suitability for specific uses.

4 Sound, attractive development within the City while also conservingthe values of the property throughout the City. compatibility of adjacent land uses. innovative project design in the City. environmentally sensitive the goals and policies of the General Development Plan forHernando, Mississippi, 2007. with the General Development PlanIt is the intent of the City that this Ordinance be consistent with the City's GeneralDevelopment Plan. It is further the intent of the City that all amendments to this ordinanceshall also be consistent with the General Development Plan.

5 Should this Ordinance becomeinconsistent with the General Development Plan because of amendments to that Plan, it isthe intent of the City that this Ordinance be amended within a reasonable time to bring it intoconformance with such Plan. Review ProvisionsThe text of this Ordinance shall be comprehensively reviewed by the planning departmentevery five (5) years after its effective date. This review shall include, but not be limited to,consistency with the General Development plan, and applicability to current land use anddevelopment techniques.

6 The planning department shall forward recommendations for text amendments to thisordinance to the Planning Commission for public hearing. Proposed amendments and therecommendations of the planning director and Planning Commission shall be transmitted tothe Mayor and Board of Aldermen. Hernando , Mississippi Zoning OrdinancePage ProvisionsThis Ordinance shall be held to be the minimum requirements for the promotion of the public health,safety, and welfare. If any provision of this Ordinance conflicts with any other provision of thisordinance, and other section of this Code, or any applicable state or federal law, the more restrictiveprovision shall apply.

7 From Other ProvisionsNothing in these provisions shall relieve any property owner or user from satisfying any conditionor requirement associated with a previous approval, special permit, variance, development permit,or other permit issued under any Zoning Ordinance previously in effect or any other local state orfederal Ordinance or statute. of ProvisionsIf any section, subsection, clause, or phrase of this Ordinance is for any reason held to beunconstitutional or invalid, such decision shall not affect the validity of the remaining portion of thisordinance.

8 Hernando , Mississippi Zoning OrdinancePage II. USAGEFor the purpose of this Ordinance certain terms and words are hereby defined: used in the present tense shall include the future tense. in the singular number include the plural number, and words in theplural number include the singular number. word "building" shall include the words "structure" and "premises". word "shall" is mandatory. word "may" is word "person" includes a firm, organization, association, partnership,trust, company, or corporation as well as an individual. words "used" or "occupied" include the words "intended", "designed",or "arranged" to be used or "occupied".

9 Word "lot" includes the words "plot", "tract", or "parcel". BUILDING: A subordinate building which is incidental toand customary in connection with the principal building or use and locatedon the same USE: A subordinate use which is incidental to andcustomary in connection with the principal building or use and located on thesame lot. HOUSE: Same as Dwelling, Multiple. LINE: That line, between which and the street right of-way line,no building or part thereof, may be erected, except as provided in theseregulations.

10 V. BUILDING OFFICIAL: The individual designated by the City of Hernandoto administer and enforce the regulations of the building code and certainprovisions of this Zoning Ordinance . : A story having one-half or more of its height below HOUSE: Same as Rooming : Any structure having a roof supported by columns or wallsbuilt for the support, shelter, or enclosure of persons, animals, chattels, orproperty of any kind, but not including any vehicle, trailer (with or withoutHernando, Mississippi Zoning OrdinancePage 9wheels) nor any movable device, such as furniture, machinery, or , HEIGHT OF.