There are certain areas of Grenada, Mississippi, that are subject to periodic flooding by the Yalobusha River, Bogue Bayou and their tributaries with attendant damage to residential and other properties. In meeting requirements of the National Flood Insurance Program, the city council has declared it to be the intent of the city to comply with land use and management criteria set forth by the National Flood Insurance Act of 1968, as amended. In the interests of public safety, health and general welfare, the city has caused to be prepared an ordinance establishing a "General Flood Plain District" for the City of Grenada and regulating the use of land and structures therein. Upon approval and formal adoption by the city, provisions of the flood plain regulations shall be applied to all districts of this zoning ordinance located within the limits of the superimposed F-1 Flood Plain District.

There shall be no construction of any type permitted in the designated floodway, except underground construction such as utilities as approved by the city. Before any building permit or certificate of occupancy is granted, the applicant shall submit a site plan to the site plan review committee for review and approval.

5.1.1. Permitted uses.

(1)

When the use meets all flood-proofing and flood protection requirements imposed by the city, as well as the requirements of the specific district regulations in which it is located, the use may be permitted. An engineering report shall be required that clearly indicates that the proposed construction will have no detrimental effect on the level of water surface (less than one-half (0.5) foot) upstream from the proposed construction. Any floor elevation shall be a minimum of one (1.0) foot above the latest official National Flood Insurance Map for Grenada and/or Grenada County.

(2)

The following types of uses are recommended in the F-1 Flood Plain District so long as they do not cause a nuisance to adjacent properties in a less restricted district.

(a)

The growing or agricultural crops and nursery stock, and gardening.

(b)

The keeping of agricultural livestock (no feed lots).

(c)

Public recreation.

(d)

Golf course.

(e)

Fish camp.

(f)

Parking areas.

5.2.1. General description. The purpose of this district is to provide a means for developing open space areas in larger developments, to take advantage of natural features of the landscape in this design, to improve the quality of the urban environment and to reduce the costs of developing and providing public resources and utilities. The owners of any tract of land containing at least three (3) acres may submit a plan for the use and development of the entire tract for residential, compatible commercial, and related uses as a single and unified project. The basic control development intensity shall be one or more of the residential districts. The Planned Unit Development District shall be a superimposed designation providing a broader latitude of design to achieve the above stated goals.

5.2.2. Site plan required. A detailed site plan of the proposed Planned Unit Development District shall be submitted to the site plan committee for study and approval, which shall be considered as a recommendation to the City Planning and Zoning Commission. Final approval shall be made by the City Council based on the recommendation of the Planning and Zoning Commission.

5.2.3. Uses permitted. Uses permitted by right in the Planned Unit Development District are those normally necessary to make up a total neighborhood community, specifically including the following:

(1)

Residential uses: Any use permitted by right in the R-4 Multifamily Residential District.

(2)

Commercial uses: Permitted commercial uses shall be those of retail type and personal service type commercial associated with community shopping centers and high quality office park type development.

(3)

Public and semi-public facilities: Community centers, schools, parks and other recreational facilities, churches, clubs, public utilities, libraries and other public buildings and structures required to provide essential public services and any other use that primarily serves the residents of such a development.

5.2.4. Regulations.

(1)

Residential lot size: No minimum lot sizes are established, per se, so that housing can be clustered or otherwise concentrated or arranged in planned locations on the site to take advantage of its natural features.

(2)

Open space reservation: In any planned unit development, the amount of land not used by residential buildings, accessory structures and yards, but required by the residential zoning of the site, shall be reserved collectively in contiguous units accessible to all the building sites in the development as maintained open space for the purpose of providing parks, recreational facilities, ways for pedestrian movement and circulation, and conserving visually pleasing elements of the environment. Prior to the sale of any lot, site, home or other structure, a bond of sufficient surety shall be posted with the city council for completion of said open space improvements prior to such sale. The open space developed will constitute no less than an equivalent proportional amount to the area being developed in the case of partial development.

(3)

Development density: Commercial uses in any Planned Unit Development District shall not constitute over twenty-five (25) per cent of the land area of such development, and land area occupied by residential, commercial, public and other buildings and accessory structures shall not exceed forty-five (45) per cent of the total land area of such development. Parking areas for commercial development may not be started until the residential development is a least one-fourth (¼) complete.

(4)

Home association: As part of the plan proposed for any planned unit development, the developer shall submit a set of covenants running with the land providing for an automatic membership homes association, to be an incorporated nonprofit organization, operating under recorded land agreements, through which each property owner in the planned unit development is automatically subject to a charge for an appropriate proportionate share of the expenses for maintaining the common property, open space and/or other activities of the association. Once established, the covenants shall continue and remain in force during the entire existence of the planned unit development.

(5)

Responsibility for open space: Nothing in this section of this ordinance shall be construed as a responsibility of the city, either for maintenance or liability of the following, which shall include but not be limited to: any private open areas, parks, recreational facilities, and a hold harmless clause shall be incorporated in the covenants running with the land to this effect. It shall be provided further, however, that when an owner of a planned unit development desires to dedicate certain land areas to the city for public parks and recreational facilities, and the city approves the nature and location of such lands and accepts the dedicated areas, the city shall be responsible for the operation and maintenance of these lands and properties.

(6)

Appearance of public utility facilities: Public utility facilities and structures shall be architecturally compatible or shall be properly screened and landscaped in keeping with the character and appearance of the neighborhood, all as approved by the city planning and zoning commission.

(7)

City council approval: Planned unit development districts and establishment of zoning therefor must be approved by the city council. However, development shall be in accordance with the approved site plan. Any contemplated deviation from the approved plan shall be reviewed by the site plan review committee and recommendations submitted to the city council for approval. The city planning and zoning commission has the authority to require reasonable plan changes for the planned unit development as a prerequisite to approval.

5.3.1. Purpose of the site plan review. Site plan review shall be required, as stated by the provisions of this ordinance, to ensure compliance with city zoning and other ordinances on large scale and other projects, to expedite procedures necessary for the obtaining of building permits, to provide the developer with one (1) central review of his development proposal, to conserve the time and efforts of city employees in the various departments, and to provide for a speedy processing of applications for building permits on large scale and other projects. A site plan review fee shall be charged in accordance with the adopted fee schedule.

5.3.2. Creation of site plan review committee. The mayor and city council shall appoint a site plan review committee to be chaired by the building official, that shall consist of one (1) principal representative, and one alternate representative who may represent the principal representative, from each of the following city departments:

Building and permit department;

Fire department;

Park and recreation department;

Planning and community development;

Police department/traffic division;

Street and sanitation;

Water department.

(1)

Other representation: In addition, the mayor and city council shall appoint one (1) principal representative, one (1) alternate representative, from the school district, county health department and from the telephone, gas and electric utility companies.

(2)

Planning and zoning commission approval required: The study and recommendations by the site plan review committee shall be presented to the city planning and zoning commission for final approval prior to issuance of a building permit. Should the building official not receive comments from any of the concerned departments, he/she shall act in their behalf based on the knowledge of the needs and requirements of that particular department. The developer will be advised of any discrepancies or comments made by any of the concerned departments and may appear at the planning and zoning commission's public session, as part of a previously prepared agenda.

5.3.3. Site plan review required. A site plan review shall be required for the following:

(1)

Any residential development of ten (10) or more dwelling units, except single-family lots that have already been approved by the planning and zoning commission.

(2)

Any residential, commercial or industrial development having structures in excess of three (3) stories.

(3)

Any commercial or industrial development adjacent to property zoned R-1, R-2, R-3, and R-4.

(4)

Any residential, commercial or industrial development encompassing three (3) acres or more, except single-family lots that have already been approved by the planning and zoning commission.

(5)

Any hazardous development and/or use within the I-2 Heavy Industrial District.

(6)

Planned Unit Development District.

(7)

Any residential, commercial or industrial development located within the F-1 Flood Plain District.

(8)

Any manufactured home park or subdivision development, or any alteration or enlargement of an existing mobile home park or subdivision with the exception of the placement or replacement of mobile or manufactured homes in developments 1) previously approved by the planning and zoning commission and 2) in accordance with the provisions of this ordinance.

5.3.4. Contents. The site development plan required to be submitted and the requirements of these zoning regulations shall include the following elements:

(1)

Statements of ownership and control of the proposed development.

(2)

Statement describing in detail the character and intended use of the development.

(3)

A dimensioned site plan based on exact survey of the property drawn to scale of sufficient size to show:

(a)

Exact location of all buildings and structures;

(b)

All means of ingress and egress;

(c)

All screens and buffers;

(d)

Off-street parking and loading areas;

(e)

Refuse collection areas;

(f)

Access to utilities and points of utilities hookup; and

(g)

Natural features such as streams, lakes or other topographic features.

(4)

Storm drainage and sanitary sewer plans.

(a)

Drainage calculations analyzing runoff before and after development and for the design of on-site drainage improvements must accompany maps. Drainage calculations must be prepared by a registered professional engineer. Calculations must be based on a storm event having a ten-year frequency.

(b)

A brief analysis of problems posed by increased storm-water runoff on downstream properties must be submitted. If off-site drainage facilities downstream of the development are not adequate to accommodate post development runoff, retention or detention facilities must be considered.

(5)

Architectural definitions for buildings in the development; location, sizes and types.

(6)

Plans for recreation facilities, if any, including buildings for such use.

(7)

Such additional data, maps, plans or statements as may be required for the particular use or activity involved.

(8)

Such additional data as the applicant may believe is pertinent to the site development plan.

(9)

Design professional certification stating that the site development plan is in compliance with all applicable city ordinances, except as noted, and standard acceptable practice.

Items (3), (4), (5) and (9) above shall be prepared by a registered surveyor, engineer or architect or practicing land planner as may be appropriate to the particular item.

5.3.5. Conditions and general considerations on issuance of site plan approval. The site plan submitted for such development as defined in this section shall provide that the proposed lot sizes, lot coverage, density, setback provisions and other factors are in conformity with the requirements of this ordinance and other applicable ordinances and laws. In addition to such general considerations, said plan shall be approved only after a consideration of the following factors:

(1)

Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety, traffic flow and control, provision of services and servicing for utilities, and access in case of fire or catastrophe.

(2)

Manner of drainage on the property, with particular reference to the effect of provisions for drainage on adjacent properties and the consequence of such drainage on overall city capacities.

(3)

Conditions on ownership, control and use generally and conditions on ownership, control, use and maintenance of open space or common lands to insure preservation of such lands for their intended purposes.

(4)

All utility connections shall be indicated and shall be in conformity with the standards and requirements for connection to utility companies proposed to serve the property, whether said utility companies are public or private.

(5)

Off-street parking and loading areas, with attention to automotive and pedestrian safety, traffic flow and control, access in case of fire and catastrophe, and screening and landscaping.

(6)

Recreation and open spaces, with attention to the location, size and development of the areas as to adequacy, effect on privacy of adjacent and nearby properties, and relationship to community-wide open spaces and recreation facilities.

(7)

Density and/or purpose of the development, with attention to its relationship to adjacent and nearby properties.

(8)

General site arrangement, amenities and convenience, with particular reference to insuring that appearance and general layout of the proposed development will be compatible and harmonious with properties in the general area and will not be so at variance with other development in the area as to cause a substantial depreciation of such property values.

(9)

All setbacks, parking areas and accessory structures shall be so landscaped, located and constructed as not to interfere with the use of the surrounding property.

5.3.6. Procedure. A preliminary site plan, as provided in sections 5.3.3 and 5.3.4 above, shall be filed with the zoning administrator whose duty it shall be to submit the plan to the site plan review committee. If rezoning in whole or in part is required, the site plan review committee shall review the site plan prior to further processing of the zoning application. Applicants shall have the right to appear before the site plan review committee. The site plan review committee members shall consist of the following: mayor, chairman of the planning and zoning commission, city engineer, city manager, representatives from police, fire, street and water & sewer departments. If rezoning in whole or in part is required, the site plan review committee shall review the site plan prior to further processing of the zoning application. Applicants shall have the right to appear before the site plan review committee.

(1)

Compliance: The site plan review committee shall certify to the zoning administrator that said site plan does or does not comply with all ordinances of the City of Grenada, Mississippi. If the site plan does comply and there is no rezoning or special consideration pending, the zoning administrator shall forward the approved site plan to the planning and zoning commission for approval and routing to the building and permit department (or to the engineering department, as applicable) along with a written statement that such action is pending, and so notify the applicant in writing. If the site plan does not comply, the site plan review committee shall so specify in what respects it does not comply in writing to the applicant and to the zoning administrator, who shall then require correction and compliance before further processing.

(2)

Time period for review: In all cases, the site plan review committee shall have up to or a maximum of fifteen (15) days from the date of filing to review and recommend either approval or disapproval of any site plan.

(3)

Action of the committee binding: Subject to approval by the planning and zoning commission and the city council, actions of the site plan review committee shall be binding on the building and permit department or any other city department as far as site plan approval for obtaining building permits is concerned. Upon expiration of the fifteen-day period and failure of the committee to act, the building official shall immediately forward the application to the planning and zoning commission for resolution within a maximum of thirty-five (35) days after date of submission by the site plan review committee.

(4)

Validity: Should the site development plan be approved, this approval shall be valid for three (3) years from the time of approval, providing there have been no changes in the city's requirements during those three (3) years. If changes have been made to the city's requirements during the three-year period, then a new application shall be necessary. If a zoning change was required, zoning shall revert.