This Ordinance shall be known as the "Zoning Ordinance," and the map herein referred to [and] identified by the title "Zoning Map of the City of Clarksdale," shall be further certified by the Mayor of Clarksdale, and attested by the City Clerk. The Zoning Map of Clarksdale and all explanatory matters thereon is hereby adopted and made a part of this Ordinance. Such map shall be filed in the office of the City Clerk and shall show thereon the date of adoption of this Ordinance.

The zoning regulations and districts as herein set forth, in this Ordinance have been made in accordance with a comprehensive plan for the purpose of promoting the health, safety, morals, and the general welfare of the community. They have been designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water sewerage, schools, parks and other public requirements. They have been made with reasonable consideration, among other things, as to the character of each with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the City.

Except as hereinafter specifically provided:

1.

No land shall be used except for a purpose permitted in the district in which it is located.

2.

No structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used except for a use permitted in the district in which it is located.

3.

No structure shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which such building is located.

4.

No structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used except in conformity with the area regulations of the district in which such building is located.

5.

No structure shall be erected, enlarged, moved or structurally altered except in conformity with the off street parking and loading regulations of this regulation.

6.

The minimum yards, frontage, parking spaces and open spaces, including lot area per family, required by this Ordinance for every structure existing at the time of passage of this regulation, or for any structure hereafter erected or structurally altered, shall not be encroached upon or be considered as part of the yards, frontage, parking spaces or open spaces required for any other building.

7.

No structure shall be constructed, enlarged, reconstructed or materially altered without first obtaining a building permit, and no building permit shall be issued except in strict conformance with the provisions of this regulation.

Except as hereinafter specifically provided:

1.

No land shall be used except for a purpose permitted in the district in which it is located.

2.

No structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used except for a use permitted in the district in which it is located.

3.

No structure shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which such building is located.

4.

No structure shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used except in conformity with the area regulations of the district in which such building is located.

5.

No structure shall be erected, enlarged, moved or structurally altered except in conformity with the off street parking and loading regulations of this regulation.

6.

The minimum yards, frontage, parking spaces and open spaces, including lot area per family, required by this Ordinance for every structure existing at the time of passage of this regulation, or for any structure hereafter erected or structurally altered, shall not be encroached upon or be considered as part of the yards, frontage, parking spaces or open spaces required for any other building.

7.

No structure shall be constructed, enlarged, reconstructed or materially altered without first obtaining a building permit, and no building permit shall be issued except in strict conformance with the provisions of this regulation.

1.

Any lawful use existing at the time of the effective date of this regulation, except as hereinafter specified, may be continued although such use does not conform to the provisions of this regulation.

2.

A nonconforming use of a building or premises which have been abandoned shall not thereafter be returned to a nonconforming use. A nonconforming use shall be considered abandoned whenever any one of the following conditions exists:

3.

When the use has been discontinued for six (6) months, except for reasons beyond the owner's control, or when the nonconforming use has been replaced by a conforming use, or when it has been changed to another permitted or conditionally permitted use by permit.

4.

Except as hereinafter specifically provided, no nonconforming use, except when required by law or Ordinances, shall be enlarged, extended, reconstructed or structurally altered.

5.

Repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming structure.

6.

No nonconforming structure shall be moved in whole or in part to any other location unless such structure and the yard and other open spaces provided are made to conform to all the regulations of the district in which such structure is to be located.

7.

The reconstruction of a nonconforming use damaged by fire, explosion or act of God to the extent that the repairs exceed sixty (60) per cent of its value is not allowed.

8.

Any owner-occupied residential structure which is nonconforming due to its location in a C-1, C-2, C-3, C-4 or an M-1 District may be enlarged, extended, reconstructed or structurally altered, provided it meets the yard, setback and area requirements of the R-4 District.

9.

All existing lots of record, which at the time of adoption or amendment of this regulation become nonconforming lots in regard to lot area or width, and which are under single ownership and not of continuous frontage with other lots under the same ownership, may be used for any permitted use in the district in which they are located. The owner of such a lot shall apply to the Planning Commission for a variance to the district regulations, and he shall make every effort to comply with the district regulations. A variance to the district regulations shall not allow any use of the property other than for permitted uses within that district. If two (2) or more lots or combinations of lots or portions of lots with continuous frontage and under single ownership are of record at the time of adoption or amendment of this regulation, and if all or part of the lots do not meet the requirements established for lot area or lot width, the lands involved shall be considered to be an undivided parcel for the purposes of this regulation. No portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width or lot area requirements established by this regulation, nor shall any division of any parcel be made which creates a lot with a width or an area below the requirements stated in this regulation

1.

Nothing in this Ordinance shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approvals and required building permits have been legally granted before the enactment of this regulation.

2.

Construction shall have been started within six (6) months of the effective date of this regulation and completed in a normal manner within a subsequent two (2) year period and not discontinued until completion except for reasons beyond the builder's control. All permits for which construction has not begun within six (6) months of the effective date or amendment of this regulation are hereby revoked and void.

The provisions of this Ordinance shall be considered the minimum provisions required for the protection of the public health, safety and general welfare of the community and to carry out the goals of the General Development Plan.

Whereas these regulations conflict with other regulations, the more restrict provisions of the conflicting regulations shall apply.

If for any reason any section, paragraph, subdivision, clause, phrase or provision of this regulation shall be held invalid, it shall not affect the remaining provisions of this, or any other Ordinance or regulation of the City, to which these rules and regulations relate.

All other Ordinances, codes or regulations and/or parts of Ordinances, codes or regulations in conflict with the provisions of this regulation are hereby repealed to the extent necessary to give this regulation full force and effect.

Any land hereafter annexed into the City of Clarksdale shall continue to be zoned as shown on the Zoning Map of the City of Clarksdale, Mississippi.