This Ordinance shall be officially known as the "Land Development Ordinance of the City of Biloxi, Mississippi" and may be referred to as "the Land Development Ordinance" or "this Ordinance" or the "LDO."

The purpose of this Ordinance is to promote the public heath, safety, and general welfare of the citizens and landowners of Biloxi, and to implement the goals, objectives, and policies of the Biloxi Comprehensive Plan and other city-adopted plans addressing the city's growth and development. The intent of this Ordinance is more specifically to promote an orderly pattern of land uses and development that will:

1.

Maintain and stabilize the value of buildings and land;

2.

Reduce the vulnerability of development and residents to storms, flooding, and other natural hazards;

3.

Ensure the provision of adequate open space between uses for light, air, and fire safety;

4.

Better manage or lessen traffic congestion and its accompanying hazards;

5.

Prevent the overcrowding of land and avoid undue concentrations of population;

6.

Support the efficient, orderly, and cost-effective provision of needed transportation, water supply, sewerage, schools, parks, public utilities, and other public facilities and services;

7.

Foster convenient, compatible, and efficient relationships among land uses;

8.

Preserve the character and quality of residential neighborhoods while providing increased housing choices;

9.

Maintain and enhance the unique character and identify of "Old Biloxi" and other areas within the city through an emphasis on design quality;

10.

Maintain and enhance high quality aesthetic standards for development;

11.

Protect and conserve water resources (e.g., Mississippi Sound, estuaries, rivers, streams, wetlands) and their functions (e.g., flood control, fisheries, recreation);

12.

Protect and conserve Biloxi's tree canopy and other natural resources contributing to the environmental and aesthetic quality of the city and its environs;

13.

Recognize, preserve, and encourage the restoration and adaptive reuse of Biloxi's historic resources and other resources reflecting the city's cultural heritage;

14.

Promote a healthy, diversified, and sustainable economy that meets the needs of Biloxi's residents and visitors; and

15.

Support retention of the commercial seafood industry as a vital part of Biloxi's economy.

This Ordinance is intended to ensure that all development within the city's jurisdiction will be consistent with the goals, objectives, policies, strategies, and actions of the Biloxi Comprehensive Plan and other city-adopted plans addressing the city's growth and development—including, but not limited to, functional plans related to public infrastructure and services (e.g., transportation plan, local streets plan, parks and recreation plan, emergency management plan) and small area plans that provide guidance on desired development in specific geographic areas and corridors within the city. To the extent this Ordinance is or becomes inconsistent with the adopted plans, it should be amended to become or remain consistent with the adopted plans. Additionally, all amendments to this Ordinance's text or Official Zoning Map should maintain and enhance consistency between this Ordinance and the adopted plans.

It is the legislative intent of the City Council in adopting this Ordinance that all provisions shall regulate development in accordance with the existing and future needs of the city as established in this Ordinance and promote the public health, safety, and general welfare of the land owners and residents of the city. If any section, subsection, sentence, boundary, clause, or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and any section, subsection, sentence, boundary, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, boundaries, clauses, or phrases be declared invalid.

This Ordinance consolidates the city's zoning and subdivision regulatory authority as authorized by the Mississippi Code and is adopted pursuant to:

(1)

The mayor-council code charter in Title 21, Chapter 9 of the Mississippi Code;

(2)

The home rule authority granted municipalities under Section 21-17-5 of the Mississippi Code;

(3)

Various provisions of the Mississippi Code, including Title 17, Chapter 1 (Zoning, Planning and Subdivision Regulation) and Title 21 (Municipalities);

(4)

All other relevant laws of the State of Mississippi; and

(5)

Any special legislation enacted for the City of Biloxi.

Whenever any provision of this Ordinance refers to or cites a section of the Mississippi Code and that section is later amended or superseded, this Ordinance shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

The provisions of this Ordinance shall apply to the development of all land within the corporate limits of the City of Biloxi unless it is expressly exempted by a specific section or subsection of this Ordinance.

Except as stated herein, the provisions of this Ordinance shall apply to:

(1)

Development by the city or its agencies or departments;

(2)

To the full extent permitted by law, development owned or held in tenancy by the governments of Harrison County, the State of Mississippi, or the United States, including their agencies, departments, or corporate services.

No land shall be developed without full compliance with the provisions of this Ordinance and all other applicable city, county, state, and federal regulations.

If a provision of this Ordinance is inconsistent with another provision of this Ordinance, or with a provision found in other adopted codes or ordinances of the city, the more restrictive provision shall govern unless the terms of the more restrictive provision specify otherwise. The more restrictive provision is the one that imposes greater restrictions or burdens, or more stringent controls.

If a provision of this Ordinance is inconsistent with a provision found in the law or regulations of the state or federal government, the more restrictive provision shall control, to the extent permitted by law.

The city shall not be responsible for monitoring or enforcing private covenants and restrictions.

Nothing in this Ordinance is intended to repeal, supersede, annul, impair, or interfere with any existing private agreements or vested rights previously adopted or issued pursuant to all applicable laws, provided such agreements or rights are lawfully established and remain in effect.

The Official Zoning Map designates the location and boundaries of the various base zoning and overlay zoning districts established in this Ordinance. The Official Zoning Map shall be kept on file in the Community Development Department and is available for public inspection during normal business hours. The original official version of the map shall be certified by the Director of Community Development. It may be kept in either hardcopy or digital form. It shall be the final authority as to the status of the current zoning district classification of land in the city, and shall only be amended in accordance with this Ordinance.

The Official Zoning Map and all the notations thereon is incorporated herein by reference and made part of this Ordinance.

The City Council shall determine the zoning designation of lands added to the city's jurisdiction through annexation at the time such lands are added based on the following factors:

(1)

The land's designation on the future land use map of the Biloxi Comprehensive Plan;

(2)

The land's current land use;

(3)

The existence of a previously-approved site or subdivision plan;

(4)

The character of adjacent lands;

(5)

Current county zoning classifications;

(6)

Landowner requests; and

(7)

Other factors considered relevant at the time of the annexation.

The Director of Community Development shall be responsible for interpretations of the Official Zoning Map in accordance with the standards in Section 23-10-1, General Rules of Interpretation, and the following standards:

(1)

Boundaries shown as approximately following a utility line or a street, alley, railroad, or other public accessway shall be interpreted as following the centerline of the right-of-way or easement for the utility line or accessway.

(2)

Boundaries shown as approximately following a property line shall be interpreted as following the property line as it existed when the boundary was established. If a subsequent minor adjustment (such as from settlement of a boundary dispute or overlap) results in the property line moving ten feet or less, the zoning boundary shall be interpreted as moving with the property line.

(3)

Boundaries shown as approximately following a river, stream, canal, or other watercourse shall be interpreted as following the centerline of the watercourse as it actually exists and as moving with that centerline to the extent the watercourse moves as a result of natural processes (flooding, erosion, sedimentation, etc.).

(4)

Boundaries shown as approximately following the shoreline of the Mississippi Sound, Biloxi Bay, the Back Bay of Biloxi, or other body of water shall be interpreted as following the shoreline at low water, and as moving with that low water line to the extent the shoreline moves as a result of natural processes (flooding, erosion, sedimentation, etc.).

(5)

Boundaries shown as entering a body of water shall be interpreted as continuing in the direction at which they enter the body of water and extending until they intersect another zoning district boundary or similarly extended boundary, or the limits of the city's jurisdiction.

(6)

Boundaries shown as approximately following established municipal corporate limits or other political boundaries shall be interpreted as following the corporate limits or boundary.

(7)

Boundaries shown parallel to or as extensions of features indicated in this subsection shall be interpreted as such.

(8)

If the specific location of a depicted boundary cannot be determined from notations on the Official Zoning Map or application of the above standards, it shall be determined by using the map's scale to determine the boundary's distance from other features shown on the map.

(9)

Where the actual locations of existing physical or natural features vary from that shown on the Official Zoning Map, or in other circumstances not covered by this subsection, the Director of Community Development shall have the authority to interpret the district boundaries. Appeals of the Director of Community Development's decision shall be reviewed by the Board of Zoning Adjustments in accordance with Section 23-2-4(S), Appeal.

Changes made in zoning district boundaries or other matters portrayed on the Official Zoning Map shall be made in accordance with the provisions of this Ordinance (Section 23-2-4(B), Map Amendment (Rezoning)). Changes shall be entered on the Official Zoning Map by the Director of Community Development promptly after the amendment is approved by the City Council. Where the ordinance enacting a zoning district boundary change contains wording explaining or clarifying the location of the new boundary, the Director of Community Development may enter on the Official Zoning Map notations reflecting the ordinance wording. The Director of Community Development shall maintain copies of superseded versions of the Official Zoning Map for historical reference.

On November 9, 2010, land zoned with a zoning district classification from the previous zoning regulations shall be translated or reclassified to one of the zoning district classifications in this Ordinance as set forth in Article 23-3: Zoning Districts. Table 23-1-7(F), Transition to New Zoning Districts, summarizes the translation or reclassification of the zoning districts used in the previous zoning regulations to the zoning districts used in this Ordinance. (For example, Table 23-1-7(F) shows that all lands classified as Central Business District (CBD) in the previous zoning regulations (under the column titled "Former Zoning District") are classified Downtown (DT) in this Ordinance (under the column titled "New Zoning District").)

This Ordinance shall become effective on November 9, 2010, and repeals and replaces the Biloxi Land Development Ordinance, as originally adopted on July 29, 2003, and subsequently amended.

Any violation of previously applicable zoning regulations or subdivision regulations shall continue to be a violation under this Ordinance and any other applicable ordinances, laws, or statutes. Violations of this Ordinance shall be subject to the penalties set forth in Article 23-9: Enforcement, and any other applicable ordinances, laws, or statutes, unless the development complies with the express terms of this Ordinance or the other ordinances, laws, or statutes.

(1)

Any development application submitted and accepted as complete before November 9, 2010, but still pending final action as of that date, shall be reviewed and decided, at the applicant's option, wholly in accordance with the regulations in effect when the application was accepted, or wholly in accordance with this Ordinance (but not in accordance with a mix of provisions from both sets of regulations).

(2)

If the applicant elects to have a pending application reviewed in accordance with the prior regulations, the city shall review and decide the application in good faith and in accordance with any time frames established by the prior regulations. If the application is approved and the approval or subsequent authorization of the approved development expires or becomes invalid (e.g., for failure to comply with time limits or the terms or conditions of approval), any subsequent development of the site shall be subject to the procedures and standards of this Ordinance.

(3)

To the extent a pending application is approved in accordance with the prior regulations and proposes development that does not comply with this Ordinance, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of Article 23-8: Nonconformities.

(1)

Any development approvals granted before November 9, 2010 shall remain valid until their expiration date. Developments with valid approvals or permits may be carried out in accordance with the terms and conditions of their approval and the development standards in effect at the time of approval, provided the permit or approval is valid and has not expired. If the prior approval expires or is revoked (e.g., for failure to comply with the terms and conditions of approval), any subsequent development of the site shall be applied for in accordance with the procedures and standards of this Ordinance.

(2)

To the extent a prior-approved application proposes development that does not comply with this Ordinance, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of Article 23-8: Nonconformities.

Lands subject to a Planned Unit Development (PUD) classification approved before November 9, 2010 shall continue to be subject to the approved concept plan and development plan and associated conditions of approval even if the PUD classification is reclassified to a new general use base zoning district or a Planned Development zoning district as part of the adoption of this Ordinance.

If any use, structure, lot, sign, or site feature legally existed on November 9, 2010, but does not fully comply with the standards of this Ordinance, then that use, structure, lot, sign, or site feature shall be considered nonconforming and subject to the provisions of Article 23-8: Nonconformities.