This appendix shall be known and may be cited as the "Batesville Zoning Ordinance".

(Ord. No. 2010-09-743, 9-7-10)

This appendix is adopted pursuant to the authority contained in Miss. Code Ann. 1972, § 17-1-2, and following.

(Ord. No. 2010-09-743, 9-7-10)

This appendix shall be effective throughout the city limits.

(Ord. No. 2010-09-743, 9-7-10)

The provisions in this ordinance were originally adopted on April 21, 1992.

(Ord. No. 2010-09-743, 9-7-10)

It is the intention of the board that this ordinance implement the planning policies adopted by the board for the city as reflected in the Land-Use Plan of 2010. While the board reaffirms its commitment that this appendix and any amendment to it be in conformity with adopted planning policies. The board hereby expresses its intent that neither this ordinance, nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.

(Ord. No. 2010-09-743, 9-7-10)

(a)

Subject to the section regarding nonconforming uses, no person may use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his control except in accordance with all of the applicable provisions of this appendix.

(b)

For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land.

(Ord. No. 2010-09-743, 9-7-10)

(a)

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for zoning permits, sign permits, conditional use permits, subdivision plat approval, zoning amendments, variances and other administrative relief. The amount of the fees charged shall be as set forth in the city's budget or as established by resolution of the city filed in the office of the city clerk.

(b)

Fees established shall be paid upon submission of a signed application or notice of appeal.

(Ord. No. 2010-09-743, 9-7-10)

It is hereby declared to be the intention of the board that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this ordinance since the same would have been enacted without the incorporation into this ordinance of such unconstitutional or invalid section, paragraph, sentence, clause or phrase.

(Ord. No. 2010-09-743, 9-7-10)

Should any provision of this ordinance be found to be in conflict with any other ordinance of the City of Batesville, the more restrictive shall apply.

(Ord. No. 2010-09-743, 9-7-10)

(a)

Use, occupancy, and sale of unzoned land.

(1)

Land located in the City of Batesville, that has not been zoned pursuant to the Batesville Zoning Ordinance as it is now adopted or as it may hereafter be amended or supplemented from time to time, shall not be used, occupied, or sold in any manner that is not consistent with and in compliance with the Batesville 2030 Comprehensive Plan and any modifications thereof and amendments thereto, and the use of land must be consistent with the Batesville Zoning Ordinance provisions that address such uses. Any change in the use of the land from and after the adoption date of the ordinance from which this section derives, must be approved by the mayor and board of aldermen.

(2)

For purposes of this section the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land.

(3)

For purpose of this section "land" means the land itself and any and all buildings, structures, or other improvements now or hereafter located thereon, which land has not been zoned as set forth above.

(b)

Nonconforming uses.

(1)

Except as otherwise provided by this section, the lawful use of any land existing at the time the land is included in the corporate boundaries of the City of Batesville pursuant to Section 21-1-27 et seq of the Mississippi Code of 1972 (Revised 1990) and all amendments thereto, may be continued until further actions by the mayor and board of aldermen, although such use does not conform to the provisions of subsection (a) of this section.

(2)

The nonconforming use allowed by this section shall not be expanded or enlarged unless a variance is allowed therefor.

(3)

A nonconforming use allowed by this section that is discontinued for thirty (30) consecutive days shall not thereafter be re-established and any future use shall be in compliance with the Batesville Zoning Ordinance. A nonconforming use that has been discontinued at the time the land is zoned by the city, regardless of the length of time of such discontinuance, shall not be re-established and all use of such land shall be in compliance with the Batesville Zoning Ordinance as it is now adopted or as it may hereafter be amended or supplemented from time to time.

(c)

Variance. Upon an application for a variance and after a public hearing thereon, the governing authorities of the city may vary or modify the application of this section where there are practical difficulties or unnecessary hardships in the strict compliance with this section.

(d)

Zoning. Once the land is zoned by the city, the Batesville Zoning Ordinance, as then adopted and in effect, shall govern and control the use of such land; and thereafter this section and any variance granted pursuant to this section shall have no further application to such land as long as such land remains zoned.

(e)

Batesville zoning ordinance. Any provision of the Batesville Zoning Ordinance, as now enacted or as it may hereafter be amended or supplemented from time to time, that applies to the use of zoned real property regardless of its zoning classification shall apply to the land to which this section applies.

(f)

Penalties.

(1)

Any person, firm, corporation, association, or entity that uses, occupies, or sales land in violation of any provision of this section shall be guilty of a misdemeanor and shall be punished by a fine of two hundred fifty dollars ($250.00) or imprisonment for a term not exceeding ninety (90) days and the cost of prosecution, or by both such fine and imprisonment in the discretion of the municipal judge. Each day or part thereof that any violation of any provision of this section shall continue shall constitute a separate offense.

(2)

Any condition caused or permitted to exist in violation of this Ordinance shall be deemed a public nuisance and may be abated by the city, as provided by law, and each day or part thereof that such condition continues shall be regarded as a new and separate offense.

(Ord. No. 2022-04-896, §§ 1—6, 4-19-22)