This Ordinance shall be known as and may be cited as the "City of Diamondhead Zoning Ordinance."

1.2.1

This Ordinance is hereby adopted in accordance with:

A.

The requirements of Title 17, Chapter 1 of the Mississippi Code, 1972, Annotated;

B.

The goals and objectives of the Diamondhead Comprehensive Plan;

C.

An overall program; and

D.

With consideration for the character of Diamondhead, its various parts and the peculiar suitability of the various parts for particular uses, and with a view to conserving the value of land and buildings and the sense of community existing within the city, and encouraging the most appropriate use of land throughout the City of Diamondhead.

1.2.2

In addition to carrying out the objectives of the Comprehensive Plan, this Ordinance is 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 for transportation, water, sewerage, schools, parks and other public requirements.

1.3.1

No building, structure or land shall be used, occupied, erected, moved, enlarged, or structurally altered unless in conformity with the regulations of this Ordinance.

1.3.2

This Ordinance regulates (under 17-1-3 General Powers of the Mississippi Code, 1972, Annotated):

A.

The height, number of stories and size of building and other structures.

B.

The percentage of lot that may be occupied, the size of the yards, courts and other open spaces.

C.

The density of population.

D.

The location and use of buildings, structures and land for trade, industry, residence or other purposes.

E.

Accessory and incidental land uses which may be constructed and associated with a primary use of land.

F.

The appropriateness of design, layout, arrangement, location, materials, lighting, landscaping, noise, glare, and other characteristics of land development within the City of Diamondhead.

The provisions of this Ordinance shall be interpreted as the minimum requirements for the promotion of the health, safety, morals and general welfare. Where this Ordinance conflicts with any rule, regulation or ordinance, the greater restriction upon the use of buildings or premises, upon the height or bulk of a building or upon requiring larger open spaces shall prevail, regardless of its sources.

If a court of competent jurisdiction declares any provisions of this Ordinance to be invalid or ineffective in whole or part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of the Ordinance shall continue to be separately and fully effective.

All other ordinances of the City of Diamondhead, or parts thereof, that were adopted prior to this Ordinance and are in conflict with this Ordinance are hereby repealed.

This Ordinance shall become effective in accordance with the laws of the State of Mississippi.

This Ordinance is enacted by legislation adopted October 15, 2012, by the City Council.