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Cleveland City Zoning Code

ARTICLE 1

- INTRODUCTORY PROVISIONS

Sec. 101.- Title.

This document shall be known and referred to as the Land Development Ordinance of the City of Cleveland, Mississippi.

Sec. 102. - Purpose.

This Land Development Ordinance has been prepared in accordance with the City of Cleveland's Comprehensive Plan and is enacted to preserve and promote the public health, safety, and general welfare of the citizens of the City of Cleveland. This Ordinance is to generally encourage and facilitate orderly, healthy, and efficient, physical and economical growth and expansion of the City. Specific Articles within this Ordinance may create regulations applicable to certain areas of the City for the purpose of reasonably preserving and promoting the character of these specific areas and encouraging the most appropriate use of land.

Specific Purposes. In addition to the overall general purpose and goal of this Land Development Ordinance, the City of Cleveland also recognizes individual and specific purposes for the enactment of this Ordinance. Those more specific purposes and goals are:

1.

To avoid undue concentration of population and prevent the overcrowding of land by controlling the division of land and regulating the density of existing and proposed developments.

2.

To prevent injury and secure safety from fire, crime, panic, flooding, and other dangers.

3.

To protect property values along with the integrity and character of neighborhoods by establishing design regulations for existing buildings or sites, and new construction.

4.

To separate incompatible uses and prevent the unusual mixture of land uses, indoors and outdoors, by enacting zoning districts and regulations which control the location of uses.

5.

To lessen congestion on the streets by establishing minimum standards governing the construction of streets and utilities as well as other public improvements and by ensuring proper coordination of future planned streets and future improvements to existing streets.

6.

To facilitate the provision of transportation, water, sewerage, schools, parks, and other public facilities and requirements.

7.

To promote a pro-active growth and development strategy that will maintain the long-term economic viability and the quality of life of the City of Cleveland.

8.

To preserve, enhance, and perpetuate those aspects of the City having historical, cultural, architectural, and archeological merit.

9.

To encourage specific design and architectural principles for developments which create innovative and unique solutions that are practical as well as aesthetically pleasing and harmonious in appearance.

10.

To promote and enhance the City's attractions to visitors and to support business and industry through the continued use, preservation, and revitalization of its resources.

Sec. 103. - Interpretation.

In interpreting and applying this Ordinance, its provisions shall be held to the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity, and general welfare. It is not the intent of this Ordinance to interfere with, abrogate or annul any ordinance, rules, regulations, or permits previously adopted or issued that are not in conflict with any of the provisions of this Ordinance. Nor is it the intent of this Ordinance to interfere with, abrogate or annul any easement, covenant, or other agreements between parties except where this Ordinance imposes greater restrictions, in which case this Ordinance shall control.

Sec. 104. - Conflict and repeal.

All ordinances or parts of ordinances in conflict with this Land Development Ordinance are repealed, but nothing contained herein shall prevent the prosecution of any person or the bringing of a civil action to enjoin any person for the prior violation of any ordinance or part of any ordinance hereby repealed.

Sec. 105. - Severability

If any part, section, subsection, paragraph, sentence, clause, or phrase of this Ordinance should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portion of this Ordinance, which shall remain in full force and effect. To this end the provisions of this Ordinance are hereby declared severable. It is intended that the Ordinance be held inapplicable in such cases, if any, where its application would be unconstitutional. A constitutional construction is intended and shall be given. The Mayor and Board of Aldermen do not intend to violate the Constitution of the State of Mississippi or the Constitution of the United States of America.

Sec. 106. - Effective date

This ordinance shall be published and shall become effective and be in force one month from and after its passage as provided by law.