The purpose of an overlay districts is to apply supplemental development regulations that apply to unique development situations where very specific goals or development considerations. The development regulations are applied in addition to the base zoning districts. The purpose of planned district is to provide a regulatory mechanism whereby creativity and high quality design may be accommodated, encouraged and documented.

Floodplain areas. Certain areas along the Sunflower River and its tributaries have been designated as floodplain areas. These areas are delineated by means of a line showing the maximum probable flood elevation for each area. Building permits will be issued for construction in these areas only if the application for a permit is accompanied by evidence that the site is to be filled to an elevation sufficient to eliminate the flood hazard, or that the building is to be constructed in such a manner as to render the building floodproof. If the zoning administrator determines that the plans for filling and/or construction are adequate, he may issue a permit for construction. If there is any question concerning issuance of a permit, such question shall be referred to the Board of Mayor and Commissioners for determination.

1.

Purpose and intent. It is the intent of this district to preserve the historic sites and structures of the City of Clarksdale. The requirements of the district are designed to protect and preserve historic and/or architectural value; create an aesthetic atmosphere, strengthen the economy, protect and enhance the City's attractions to tourists and visitors and the support and stimulus to business and industry thereby provided; and to promote education and patriotic heritage of the present and future citizens of the community.

2.

Permitted uses. Any use permitted by the existing zoning classification is also permitted by the H-1 Historic District.

3.

Conditional uses. Any use listed as a conditional use by the existing zoning classification is also permitted by the H-1 Historic District.

4.

Yard and bulk requirements. Each site in the City of Clarksdale Historic District shall be subject to such bulk requirements are listed in the existing zoning classification.

5.

Additional regulations. Any designated Historic Overlay Zone shall demonstrate a quality of significance in American history, architecture, archeology and culture and shall possess integrity of location, design, setting, materials, workmanship, feeling and association. Further, areas eligible for Historic Overlay District designation shall demonstrate all or some of the following characteristics:

a.

Association with events that have made a significant contribution to the broad patterns of our history; or

b.

Association with the lives of persons significant in our past; or

c.

Embodiment of distinctive characteristics of a type, period, or method of construction or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity who's components may lack individual distinction; or

d.

Potential for yielding archaeological information.

6.

Historic district commission recommendation.

a.

No Historic Overlay District shall be implemented without the recommendation of the Clarksdale Preservation Commission in accordance with the terms of the adopted Preservation Ordinance.

b.

Exterior Building Appearance and Quality - When construction, alteration or repair of any structure within the H-1 Historic Overlay Zone, the same shall be subject to review by the Clarksdale Preservation Commission in accordance with the duties, responsibilities, and procedures as set forth in the Clarksdale Preservation Ordinance.

7.

Design guidelines. The following Design Guidelines shall be observed when designing any new construction, alteration or repair of any structure within the H-1 Historic Overlay Zone. Design guidelines are criteria and standards which the Clarksdale Historic Zoning Commission must considered in determining the appropriateness of proposed work within a historic district.

a.

General guidelines for rehabilitation of existing structure.

(1)

Every reasonable effort shall be made to provide a compatible use for property which requires minimal alteration of the building, structure or site and its environment, or to use a property for its originally intended purpose.

(2)

The distinguishing original qualities or character of a building, structure or its site and its environment shall not be destroyed. The removal or alternation of any historic material or distinctive architectural feature should be avoided when possible.

(3)

All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

(4)

Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right and this significance shall be encouraged.

(5)

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

(6)

Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

(7)

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

(8)

Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to any project.

(9)

New design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.

(10)

Where possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

(11)

The use of aluminum or vinyl siding or other such trim work is not expressly prohibited, but is discouraged. The use of such, however, should utilize materials which meet the character of the era in which said structure was originally constructed in terms of color and other characteristics.

b.

Alterations to existing buildings and property.

(1)

Definition. A change in building material; the addition or elimination of any architectural feature of a structure; a repair that reconstructs any part of an existing building; an addition that extends or increases floor area or height of any building; or construction of an appurtenance.

(2)

General principles. These guidelines shall apply only to the exteriors of buildings and to areas of lots visible from public rights-of-way.

(3)

Proposals for exterior work to be done on public facades. Front and street related elevations shall be more carefully reviewed than that the level of review given other facades.

(4)

Every reasonable effort shall be made to provide a compatible use for a property, requiring minimal alteration of the building, structure or site and its environment, or to use a property for its originally intended purpose.

(5)

The distinguishing original qualities or character of a building structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural feature should be avoided.

(6)

All buildings, structures and sites shall be recognized as products of their own time. Alterations that have historical basis and which seek to create an earlier appearance shall be discouraged.

(7)

Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right and this significance shall be recognized and respected.

(8)

Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

(9)

Deteriorated architectural features shall be repaired rather than replaced whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historic physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. When no physical or pictorial evidence is available, design of features may be based on conjecture.

(10)

The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that damage historic building materials shall not be undertaken.

(11)

Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to any project.

(12)

New design for alterations and additions to existing properties shall not be discouraged when such alterations or additions do not destroy significant historical, architectural, size, scale, color, material and character of the property, neighborhood or environment.

(13)

Whenever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.

c.

Additions.

(1)

Additions are areas that increase the living or working space of a structure. This does not include the addition of architectural elements.

(2)

Generally, an addition should be situated at the rear of the building in such a way it does not disturb either front or side public facades.

(3)

Additions should follow the guidelines for new conditions.

d.

Roofs.

(1)

Original roof pitch and configuration should be maintained.

(2)

The original size and shape of dormers should be maintained. Dormers generally should not be introduced where none existed originally.

(3)

Original roof materials and color should be retained. If replacement is necessary, original materials should be used. Asphalt shingles may be substituted for original roofing when it is not economically feasible to replace or repair with original materials or when the original roof is beyond repair. The color and texture of asphalt shingles should be appropriate to the architectural style and period of the structure.

e.

Porches.

(1)

Original details and shape - outline roof height and roof pitch - should be retained.

(2)

Original porch materials and architectural details should be maintained. If different materials are substituted, they should be appropriate to the architectural style and period of the house.

(3)

The enclosing of front porches is inappropriate.

(4)

The enclosing of side porches may be considered appropriate if the visual openness and character of the original porch is maintained.

f.

Windows.

(1)

The original size and shape of windows should be maintained.

(2)

The original number and arrangement of panes should be maintained.

(3)

The characteristic window shape in the area is vertically rectangular higher than it is wide. Horizontal windows and picture windows are generally not appropriate.

(4)

New window openings should not be introduced unless they match the existing window configuration and their placement harmonizes with the existing rhythm of openings.

(5)

Original windows should not be filled in.

g.

Doors.

(1)

The original size and shape of door openings should be maintained

(2)

Original transoms, side lights and doors should be maintained.

(3)

Replacement doors should be compatible with original doors in terms of style and material. Flush doors are generally inappropriate.

(4)

Generally, new door openings should not be introduced on facades visible from the street.

(5)

Original door openings should not be filled in.

h.

Architectural details.

(1)

Original details should not be removed.

(2)

The replacement of irreparable details should be close visual approximations of originals.

(3)

The replacement of missing original details should be based on accurate duplication, or should be close visual approximations of the originals, based on historic, physical or pictorial documentation.

(4)

Architectural details of any period or style not original to the building shall not be introduced.

(5)

Changes that have taken place in the course of time which are evidence of the history and development of a building and its environment may have acquired significance in their own right; their significance should be recognized and respected.

i.

Materials.

(1)

Original building materials include wood, brick, stone, terra cotta and stucco. Original roof materials include slate, metal and on twentieth century buildings, asphalt shingles.

(2)

Original building and roofing materials should be retained. If replacement is necessary, it should be with original material appropriate to the architectural style and period of the house.

j.

Masonry.

(1)

Masonry repainting should be done with care to match the original mortar color. The use of Portland cement should be avoided when repainting old brick.

(2)

Original tooling configuration and joint width should be maintained.

(3)

Cleaning should be done with the gentlest means possible. Since sandblasting causes severe damage to brick and mortar, its use should be avoided.

(4)

The painting of brick is inappropriate unless it is mismatched or so deteriorated that it cannot withstand weather. If painting is necessary, original natural color should be used.

(5)

Painting of stone is inappropriate.

k.

Wood.

(1)

Wood siding should be retained if possible. Original siding should not be covered or replaced with a material or texture not original and not aesthetically compatible.

(2)

Replacement wood siding should be consistent with the original in size, direction and lap dimension.

(3)

Original wall shingles should be maintained.

l.

Color. The Clarksdale Preservation Commission shall approve appropriate historic paint colors in conjunction with requests for certificates of appropriateness.

m.

Appurtenances. Appurtenances related to a building (fence, walls, street lamps, steps, paving, sidewalks and signs) should be visibly compatible with the environment to which they are related.

n.

Fences.

(1)

Low retaining walls in front yards should be kept where they exist. Introduction of retaining walls where none existed should be avoided.

(2)

New or reclaimed iron fencing may be appropriate for properties with pre-1900 houses. Iron fencing is generally not appropriate for later houses.

(3)

Wood picket fences are appropriate in front and /or rear yard of houses.

(4)

Board fences, usually taller, with wider boards set close together, are appropriate only around rear yards.

(5)

Chain link or woven fences are generally inappropriate for front or visible side yards. They may be used in rear yards. If a portion of a rear fence is visible from the street, it should be camouflaged.

o.

Signs.

(1)

The appearance, size, position, method of attachment, texture of materials, color and design of signs shall be in keeping with the collective characteristics of the structure surrounding the property on which the sign will be located.

(2)

Off-site signs shall not be permitted.

(3)

Business signs shall comply with the Clarksdale Sign Ordinance except as modified as follows:

(4)

Buildings and signs may be illuminated by remote light sources, provided that these light sources are shielded to protect adjacent properties.

(5)

Signs attached to the structure shall not cover any architectural detail.

p.

Landscaping.

(1)

All aspects of site development should be sympathetic to the character of landscape development, type of plans and spatial treatment of adjacent properties.

(2)

Wherever possible, healthy existing trees should be retained, as they are an amenity requiring many years to replace. Grading and construction should avoid disturbance to such trees.

(3)

To provide a consistent effect in residential areas, the preferred street trees are 2- to 2½-inch caliper oak, planted on average 50 feet on center.

(4)

To provide a more immediate effect in commercial areas and offset the larger scale structures, the preferred street trees are 3- to 3½-inch caliper oak, planted no further apart than 50 feet on center.

(5)

Evergreen species are desirable for screening views, such as views into parking or service areas.

(6)

As an extension of the surrounding natural landscape, plant species should be native or well-adapted to the region.

(7)

Suggested shade tree species include: Willow Oak, Pin Oak, Scarlet Oak, Bald Cypress, Tulip Tree, Honey locust and Red Maple.

(8)

Suggested flowering tree species include: Magnolia, Crape Myrtle, Washington Hawthorne, Golden Rain Tree, Red Bud, Japanese Cherry, Crabapple and Bradford Pear.

(9)

Suggested shrub species at 24- to 36-inch height include: Wax Leaf Ligustrum, Florida Jasmine, Variegated Privet, Elaeagnus, Golden Euonymus, Gold Spot Euonymus, Manhattan Euonymus, Japanese Cleyera, Burford Holly and Azalea.

(10)

Suggested shrub species at 18- to 24-inch height include: Andorra Juniper, Pfizer Juniper, Mugho Pine, Dwarf Japanese Holly, Dwarf Chinese Holly, Variegated Privet, Manhattan Euonymus and Florida Jasmine.

(11)

Suggested screening plants include: Loblolly Pine, White Pine, Virginia Pine, Savannah Holly, Foster Holly and Red Leaf Photinia.

(12)

On site areas adjacent to streets, lawn areas must be established or be sodded prior to occupancy of the project.

(13)

Planting plans approved by the Commission must be maintained as originally designed. Any diseased, dying or dead plants should be treated or removed by the property owner. Appropriate, durable plants should be installed.

(14)

Where needed, irrigation must be provided to ensure robust planting areas.

(15)

To prevent accidents, irrigation systems must be installed below ground, with spray heads flush with the ground surface.

q.

New construction.

(1)

Definition. The construction of any freestanding structure on any lot.

(2)

General principles.

(a)

These guidelines shall apply only to the exteriors of buildings and to areas of lots visible from public rights-of-way.

(b)

The public facades - front and street related elevations - of proposals for new buildings shall be more carefully reviewed than other facades.

(c)

Since construction in a historic district has usually taken place continuously from the late nineteenth and early twentieth century, a variety of building types and styles result which demonstrate the changes in building tastes and technology over the years. New buildings should continue this tradition while complementing and being compatible with other buildings in the area.

(d)

Reconstruction may be appropriate when it reproduces facades of a building which no longer exists and which was located in the historic district if: the building would have contributed to the historical and architectural character of the area; if it will be compatible in terms of style, height, scale, massing and material with the buildings immediately surrounding the lot on which the reproduction will be built; and if it is accurately based on pictorial documentation.

(e)

Because new buildings usually relate to an established pattern and rhythm of existing buildings, other on the same and opposite sides of a street, the dominance of that pattern and rhythm must be respected and not disrupted.

(f)

New construction should be consistent with existing buildings along a street in terms of height, scale, setback and rhythm; relationship of materials, textures, details, color, roof shape, orientation and proportion and rhythm of openings.

(3)

Height. New buildings shall be constructed to a height which is compatible with the height of adjacent buildings.

(4)

Scale. The size of a new building; its mass in relation to open spaces; and its windows, doors, openings and porches should be visually compatible with the surrounding buildings

(5)

Setback and rhythm of spacing.

(a)

The setback from front and side yard property lines established by adjacent buildings must be maintained. When a definite rhythm along a street is established by uniform lot and building width, infill new buildings should maintain the rhythm.

(b)

All setbacks and yard requirements must have approval of the Clarksdale Zoning Appeals Board, if different from the current requirements of the Clarksdale Zoning Ordinance.

(c)

Relationship of materials, texture, details and material color. The relationship and use of materials, texture, details and material color of a new building's public facades shall be visually compatible with and similar to those of adjacent buildings, or shall not contrast conspicuously.

(6)

Roof shape. The roofs of new buildings shall be visually compatible, by not contrasting greatly with the roof shape and orientation of surrounding buildings.

(7)

Orientation. The site orientation of new buildings shall be consistent with that of adjacent buildings and shall be visually compatible. Directional expression shall be compatible with the surrounding building, whether that expression is vertical, horizontal or non-directional.

(8)

Proportion and rhythm of openings. The relationship of width to height of windows and doors and the rhythm of solids to voids in new buildings shall be visually compatible with the surrounding buildings.

r.

Additions to existing buildings.

(1)

New additions to existing buildings should be kept to minimum and should be compatible in scale, materials and texture; additions should not be visually jarring or contrasting.

(2)

Addition should not be made to the public facades of existing buildings. Additions may be located to the rear of existing buildings in ways which do not disturb the public facades.

(3)

The creation of an addition through enclosure of a front facade porch is inappropriate and should be avoided.

s.

Outbuildings.

(1)

Garages and storage buildings should reflect the character of the existing house and surrounding buildings and should be compatible in terms of height, scale, roof shape, materials, texture and details.

(2)

The location and design of outbuildings should not be visually disruptive to the character of the surrounding buildings

t.

Appurtenances. Appurtenances related to new buildings, including driveways, sidewalks, lighting, fences and walls, shall be visually compatible with the environment of the existing buildings and sites to which they relate.

u.

Sidewalks. Sidewalk additions and repair must be compatible with any existing sidewalk design and material.

v.

Demolition.

(1)

Definition. The tearing down of a building.

(2)

General principles. Since the purpose of historic zoning is to protect historic properties, the demolition of a building which contributes historically or architecturally to the character and significance of the district is inappropriate and should be avoided.

(3)

Guidelines.

(a)

Demolition is inappropriate if:

i)

A building is of such architectural or historical interest and value that its removal would be detrimental to the public interest.

ii)

A building is of such old or unusual or uncommon design and materials that it could not be reproduced or be reproduced without great difficulty and expense, or;

iii)

It proposed replacement would make a less positive visual contribution to the district, would disrupt the character of the district or would be visually incompatible.

(b)

Demolition is appropriate if:

i)

A building has lost its architectural and historical integrity and importance and its removal will not result in a more negative, less appropriate visual effect on the district;

ii)

A building does not contribute to the historical or architectural character and importance of the district and its removal will result in a more positive, appropriate visual effect on the district; or

iii)

The denial of the demolition will result in an economic hardship on the applicant as determined by the Clarksdale Preservation Commission.

w.

Relocation.

(1)

Definition. The moving of a building in a district from one site to another.

(2)

General principles.

(a)

The moving of an existing building which retains architectural and historical integrity and which contributes to the architectural and historical character of the district should be avoided.

(b)

The moving out of the district of a building which does not contribute to the historical and architectural integrity of the district or which has lost architectural integrity due to deterioration and neglect shall be appropriate if its removal or the proposal for its replacement will result in a more positive appropriate visual effect on the district.

(3)

Guidelines for relocation.

(a)

Relocated buildings must be carefully rebuilt to retain and maintain original architectural details and materials.

(b)

A building may be moved into the district if it maintains a sense of architectural unity in terms of style, height, scale, massing, materials, texture and setback with existing buildings along the street.

(c)

A building may be moved from one site to another in the district if:

i)

The integrity of location and setting the building in its original location has been lost or is seriously threatened;

ii)

The new location will be similar in setting and siting;

iii)

The building will be compatible with the buildings adjacent to the new location in style, height, scale, materials and setbacks; and

iv)

The relocation of the building will not result in a negative visual effect on the site and surrounding building from which it will be removed.

x.

Exceptions. When the strict application of these design guidelines would result in severe hardship or injustice, the preservation commission may vary these guidelines so that a rehabilitation project may be conducted in a reasonable manner, but so that at the same time general intent and spirit of the design guidelines is preserved.

The purpose of the Manufactured Home Overlay is to provide for development of manufactured homes in established residential zoning while maintaining the overall character of those districts. The intent of prescribed conditions herein is to ensure compatibility with existing housing stock through aesthetically related standards.

1.

Manufactured Home Overlay Districts may be established in accordance with the amendment procedure set forth by this Ordinance.

2.

Manufactured Homes may be permitted on single-family lots in any residential district provided overlay district zoning is approved by the Mayor and Board of Commissioners and each manufactured dwelling:

a.

Is occupied only as single-family dwelling;

b.

Has a minimum width of 16 feet;

c.

Has a length not exceeding four times its width, with length measured along the longest axis and width measured perpendicular to longest axis at the narrowest part;

d.

Has a minimum of 1200 square feet of heated space;

e.

Has the longest axis oriented parallel or within a 10 degree deflection of being parallel to the lot frontage, unless otherwise approved on the site plan upon establishment of the district;

f.

Has the towing apparatus, wheels, axles, and transporting lights removed and not included in the length and width measurements;

g.

Is affixed to the ground by means of a permanent foundation. In addition, a continuous, permanent masonry foundation or masonry curtain wall constructed in accordance with the standards of the building code currently in effect in the City of Clarksdale, un-pierced except for required ventilation and access, shall be installed under the perimeter;

h.

Has exterior siding comparable in composition, appearance, and durability to the exterior siding commonly used in traditional residential construction, consisting of one or more of the following:

(1)

Vinyl or a aluminum lap siding (whose reflectivity does not exceed that of flat white paint);

(2)

Cedar or other wood siding;

(3)

Wood grain, weather resistant, press board siding, stucco, brick or ston;

i.

Has a roof pitch minimum vertical rise of 3.5 feet for each 12 feet of horizontal run;

j.

Has a roof finished with a class C or better roofing material that is commonly used on traditional residential construction;

k.

Has a eave projection for all roof structures of no less than six inches, which may include gutter; and

l.

Has stairs, porches, entrance platforms, ramps, and other means of entrance and exit installed or constructed in accordance with the standards of the current building code in effect in the City of Clarksdale, attached firmly to the primary structure and anchored securely to the ground. Wood stairs shall be used in conjunction only with a porch or entrance platform with a minimum of 24 square feet.

3.

Minimum development size. 6 contiguous lots covering at least 1 acre of land.

The RD-1 Residential Redevelopment District is designed to promote the redevelopment of old, extremely small lot neighborhoods by allowing for the construction of single family dwellings on lots as originally platted, without requiring the combining of lots or application of variances to accommodate new construction. Such lots, to be eligible for redevelopment shall be a part of duly platted and recorded subdivision.

1.

Establishment. The redevelopment overlay district may be established in accordance with the amendment procedure set forth by this Ordinance.

2.

Limited application. The RD-1 Residential Redevelopment District shall be applied only to those subdivisions which were platted and recorded prior to 1960 and which contain a minimum lot size of less than 4000 square feet. The RD-1 district shall not be established to accommodate new subdivision development.

3.

Permitted uses. The RD-1 District is an overlay district. Uses shall be permitted as listed in the base district. See Article IV District Land Uses, A. Table of Permitted Uses. Aside from the uses authorized in the base zoning designation for areas within the redevelopment overlay district, manufactured homes may be permitted on single-family lots, provided other requirements of this Ordinance are met.

4.

Uses permitted on appeal. See Article IV District Land Uses, A. Table of Permitted Uses

5.

Off street parking requirements shall be governed by the provision of Article VIII of this Ordinance.

6.

Yard and bulk requirements.

[1.]

The purpose of the Planned Unit Development District is to provide for the development of planned total communities that provide a full range of residential types as well as certain commercial, office, or light industrial uses designed to serve the inhabitants of the districts consistent with the Comprehensive Plan. For purposes of this Ordinance a Planned Unit Development shall be a tract of land at least 4 acres in area, under single corporation, firm, partnership or association ownership, planned and developed as an integrated unit, in a single development operation or a programmed series of development operations and according to an approved Preliminary Site Plan.

[2.]

Preliminary site plan required. The "PUD" District shall be established only upon application, after public hearing as specified in the amendatory procedures of this Ordinance and shall require an approved Preliminary Site Plan meeting the site plan standards of this Ordinance. The approved site plan will govern the development of the land and all development plans thereof.

[3.]

Minimum district area. The Minimum area for a "PUD" District shall be four (4) acres.

[4.]

Permitted uses. A list of permitted uses within each Planned Unit Development must be submitted with the application for establishment of the District and the preliminary site plan and must be approved by the Planning Commission and Board of Mayor and Commissioners upon application by the owner of the property.

[5.]

Procedures. An application for rezoning to "PUD" District shall be accompanied by a Preliminary Site Plan and text presenting the following:

a.

Proposed land uses and population densities

b.

Proposed primary circulation pattern

c.

Proposed parks and playgrounds

d.

Delineation of the units or phases to be constructed together with a proposed timetable

e.

Proposed means of dedication of common open space areas and organizational arrangements for the ownership, maintenance and preservation of common open space

f.

Relationship to the City's Comprehensive Plan, land uses in the surrounding area and to the general plan of the PUD. Rezoning procedures shall be in accordance with the procedures set forth by this Ordinance. Following the initial rezoning procedure, the proposed development shall follow all applicable procedures and requirements governing the subdivision of land. No building permits shall be issued until a final plat of the proposed development, or portion thereof, is approved, filed, and recorded. No building designed or intended to be used, in whole or in part, for commercial purposes shall be constructed prior to the construction of less than 25% of the dwelling units proposed in the plan, or construction of 100 dwellings units, whichever is smaller. If construction of the "PUD" District is restarted within two years of the date of approval, the Board and Mayor and Commissioners may consider rezoning the site to its previous classification.

g.

The applicant, by showing good cause why he cannot adhere to the proposed timetable described in 4d, may seek an extension of not more than one (l) year at a time. A request for extension shall be submitted in writing to the Board of Mayor and Commissioners.

[6.]

Review standards. The site plan must provide for and conform entirely to the following standards and requirements:

a.

In order to encourage ingenuity, imagination, and high quality design, regulations on residential areas will not specify minimum lot area per dwelling unit but will limit density in residential areas to 5 families per acre in single family dwellings or 20 families per acre in multi-family dwellings. This will allow clustering of dwellings to provide maximum open space.

b.

Street widths and improvement thereof, as well as off street parking facilities must conform to county standards or in lieu of such standards, to requirements established by the Board of Mayor and Commissioners.

c.

Provisions for water supply, sanitary sewers, storm water drainage, and connections shall be made to the satisfaction and requirements of the Board of Mayor and Commissioners and the appropriate state authority.

d.

All improvements are to be installed and maintained by the developer unless other arrangements approved by the Board of Mayor and Commissioners are made.

e.

The Board of Mayor and Commissioners may require other special improvements as they are required if they are deemed reasonable and essential, and may require that appropriate deed restrictions to be filed enforceable by the Board of Mayor and Commissioners for 20 years.

f.

A minimum total area of 10% of the gross residential area shall be set aside as parks and playgrounds. Of this 10%, a maximum of one half may be covered with water. A maximum of 5% of the area designated to be parks and playgrounds may be covered with structures to be used in the recreational use of the area. Parks and playgrounds must be suitably improved for its intended use but parks and playgrounds containing natural features clearly worthy of preservation may be left unimproved.

g.

The developer shall also submit sketches of the plan for the entire project showing the relationship of uses, street patterns, open space and the general character of the proposed development, including a schematic drawing illustrating a typical segment of the development.

h.

After approval, filing, and recording of the plan, a building permit may be issued in accordance with the approved plan.

1.

Purpose. The purpose of this district is to provide for modern, attractive, and efficient retail, personal, and professional commercial facilities with access needs which demand location along major arterial roadways. Uses permitted in this district are frequently automobile- oriented, and, as such, this district is most appropriately located along or at intersections of urban arterial or collector roadways.

2.

Application to existing commercial. Where existing commercial development is zoned C-4 Planned Commercial but not conforming to the provisions of the C-4 Planned Commercial Zone, said development shall fall under the provisions for nonconforming uses.

3.

Permitted uses. No specific uses are specified for C-4 Planned Commercial Zone. The applicant for a planned commercial district shall submit a list of uses which will be permitted. The Planning Commission may delete certain requested uses where it has been determined that the proposed use will not be compatible with surrounding area or will be in conflict with the General Development Plan of Clarksdale, Mississippi.

4.

Prohibited uses. Uses specifically prohibited in the C-4 Planned Commercial District shall be as follows:

[a.]

Adult entertainment.

[b.]

Night clubs, bars and taverns.

[c.]

Salvage yards.

[d.]

Outside storage.

5.

Preliminary site plan required. The "C-4" Planned Commercial District shall be established only upon application, after public hearing as specified in the amendatory procedures of this Ordinance and shall require an approved plan in accordance with the site plan meeting the site plan standards of this Ordinance in order to provide for modern commercial centers of integrated design.

6.

Visibility areas at entrances/intersections. The design and placement of the landscaping materials within the parking areas and front lot line and side lot line buffer yards will be at the discretion of the Owner, provided, however, the landscaping shall not obstruct the view between access drives and public streets. When an access drive intersects a public street, all landscaping within the areas described below shall provide unobstructed cross-visibility at a level between thirty (30) inches and seven feet above existing street grade. The sight visibility area is defined as the area formed from the intersection point of the proposed access drive and the public right of way for a distance of thirty-five (35) feet in all directions from said intersection point.

7.

Traffic access control standards. In order to promote the safety of the motorist and pedestrian and to minimize traffic congestion and conflict by reducing the points of contact, the following regulations shall apply.

a.

Maximum width of driveway opening at property line: 35 feet.

b.

Minimum throat length of driveway (measured from property line to first parking aisle): 50 feet for access to "Urban Arterial," 30 feet for all other public rights-of-way.

c.

Location of driveways: Driveways shall be so located that vehicles entering or leaving the establishment will not interfere with the free movement of traffic or create a hazard on the public right-of-way. Where feasible, they shall be located where there are not sharp curves and steep grades and where sight distance is adequate for safe traffic operation. Driveways should not be located within intersections, interchanges, or on highways immediately approaching them. They shall be so located that they will not interfere with the placement of signs, signals, or other devices that affect traffic operation.

8.

Review and approval.

a.

The Planning Commission shall study the preliminary plan and supporting data and may make suggestions for changes and adjustments. After the Commission approves the preliminary plan and construction schedule, it shall submit same with a brief report to the Board of Mayor and Commissioners. Whenever the Board of Mayor and Commissioners approves the preliminary plan and supporting material, one copy shall be filed in the Public Works office and one copy shall be given to the Owner. Upon receipt of the approved preliminary plan, the Owner may proceed with final plans and specifications for all or for any portion of the project that is agreed upon. The final plans and specifications shall be reviewed and approved by the Planning Commission and transmitted to the Board of Mayor and Commissioners for approval. Upon approval by the Board of Mayor and Commissioners, one copy shall be filed in the Planning Commission office. No building permit shall be issued until a final plat of the proposed development, or portion thereof, is approved, filed, and

b.

Modification of site plan. The Planning Commission or the Board of Mayor and Commissioners may require modification of a site plan as a prerequisite for approval. Required modifications may be more restrictive than district regulations and may include, but not be limited to, provision for additional buffer yards, landscaping and screening, installation of erosion control measures, improvement to access and circulation systems, rearrangement of structures or uses within the site, and location and character of signs and other modifications deemed necessary to ensure compatibility with the surrounding environment and to protect public health, safety, and welfare.

Lapse of approval. A site plan approval shall become void two (2) years after the date on which the approval became effective unless the applicant receives a building permit and diligently carries out construction prior to expiration of that period, or a specific time extension is requested of and approved by the Board of Mayor and Commissioners. A site plan approval may establish a longer effective period as a specific condition of the application. The Board of Mayor and Commissioners may grant one (1) year extension of a site plan approval, provided that the applicant files a written request for an extension stating the reasons for the request prior to the date of expiration of the approval.

c.

Modification of site plan approval. The Planning Commission may approve an application for modification of a previous site plan approval if it is determined that the modification does not affect findings relating to the criteria described herein, leading to the original approval.

d.

New applications following denial or revocation. No application for approval of the same or substantially the same site may be filed within one (1) year of the date of denial of a site plan review by the Planning Commission and/or the Board of Mayor and Commissioners.

e.

Approval to run with the land. A site plan approval pursuant to these provisions shall run with the land and shall continue to be valid upon change of ownership of the site or structure that was the subject of the application.

9.

Site development regulations. The following minimum development standards shall be observed in the "C-4" Planned Commercial District.

Massing and Parking