(A)

Policy on planned building groups.

(1)

Purpose of provisions. Under the regulations prescribed by this appendix for the various districts, a separate site is required for each structure other than an accessory structure. For the purpose of allowing and encouraging greater variety of design and flexibility of location for buildings comprising a planned group and occupying an area of two (2) or more acres for multiple-family, condominiums, industrial, or commercial developments, or an area of fifteen (15) or more acres for a duplex development when combined with multiple-family and/or commercial developments, the provisions of this section waive the requirement for a separate building site for each building and permit two (2) or more buildings to be erected and maintained on the same building site where the planning administrator finds that certain conditions hereinafter set forth are met. Examples of such building groups that might be erected under the provisions of this section are multiple-family dwelling projects, shopping centers and senior living facilities. This section is not applicable to one-family, townhomes, or zero lot line developments.

(2)

Option and limitations. The use of this section in connection with the development of any land or the construction of any building or group of buildings is optional with the applicant. The provisions of this section are applicable in all districts; provided, however, that nothing in this section shall be construed to permit in any district any use not permitted in that district as a use by right or with planning approval or by special exception.

(B)

Conditions to be met by planned building groups.

(1)

District regulations. Every building group erected and maintained under the provisions of this section shall comply with all of the regulations established by this ordinance for the district in which the building group is located except the regulation requiring a separate building site to be provided and maintained for each principal structure. Such building group may be considered as one building for the purpose of complying with the building site area, height, yard and other regulations of the ordinance; provided, however, that a building group comprised of dwellings, any one of which contains fewer than four (4) units, shall not be considered as one building but shall comply with the building site area requirements for each dwelling considered separately. With respect to residential uses, building site area per dwelling unit may be reduced not to exceed twenty (20) percent where common open space provided justifies such reduction by its location, character and intended use.

(2)

Site plan and improvements. A planned building group shall have, and there shall be provided, the following:

(a)

Drainage. Adequate facilities for the drainage of surface water, including storm sewers, gutters, paving, and the proper design of finished grades;

(b)

Circulation. Adequate facilities for the safe and convenient circulation of pedestrian and vehicular traffic, including walks, driveways, off-street parking areas, off-street loading areas and landscaped separation spaces between pedestrian and vehicular ways;

(c)

Play areas. In dwelling building groups, adequate and safely located play areas for small children.

(3)

Building spacing and access. The following building spacing and access shall be provided. Distance shall be measured between exterior walls. Minimum spacing dimensions shall not apply to corner-to-corner placement of buildings where walls do not overlap.

(a)

Spacing of buildings. A building wall shall be located no closer to another building than a distance equal to the height of the taller building of the two (2); provided, however, that for a two-story building containing dwelling units such distance shall be not less than fifty (50) feet in the case of two (2) walls having windows and entrances, not less than thirty (30) feet in the case of two (2) walls having windows but no entrances, not less than twenty (20) feet in the case of one wall having windows and the other no windows, and not less than eight (8) feet in the case of two (2) walls having no windows; provided, further, that for buildings of more than two (2) stories, spacing shall be increased appropriately. Variations from these spacing requirements may be made by the planning commission upon a showing that the arrangement of buildings is such that the orientation insures adequate light and air, avoids undue exposure to trafficways and the parking and service areas of commercial establishments and preserves reasonable visual and audible privacy between buildings.

(b)

Access by emergency vehicles. The buildings in a planned building group shall be so arranged that every building is accessible by emergency vehicles.

(C)

Procedure on special plans for building groups.

(1)

Procedure on preliminary special plan. Submission of a preliminary plan is not mandatory but is recommended as a means of identifying and solving design problems.

(a)

Content of preliminary plan. An application for approval of a preliminary plan for a planned building group shall contain the following information:

1.

The applicant's name, address, and interest in the application;

2.

A site plan, which may be in sketch form, showing the land area to be occupied by the building group, its approximate dimensions, easements and rights-of-way, the relation of the building group to adjoining properties, the general layout of buildings, the arrangement of driveways, parking areas, loading areas, walks, screen planting, and other landscaping, and such additional information as may be needed to describe the proposed building group. Elevation or perspective sketches of the proposed building group may be submitted.

(b)

Administrative examination. Upon receipt of an application for preliminary plan approval of a building group, the planning administrator shall examine the plan and make such investigation as is necessary. The planning administrator shall also transmit a copy of the application to any department or agency which might be affected by the approval of the application, and such department or agency shall transmit its report and recommendation to the planning administrator. Within forty-five (45) days of the receipt of an application for preliminary plan approval, the planning administrator shall review the application and shall approve or disapprove the preliminary plan or forward it to the planning commission for review.

(c)

Review by planning commission. In certain cases, the planning administrator may send plans to the planning commission for review when conditions exist which warrant public review. Within forty-five (45) days of the receipt of the planning administrator's request for review, the planning commission shall review the plan and shall approve or disapprove the plan; approval may establishment conditions and limitations. The planning commission shall then return its report of approval or disapproval to the planning administrator, and the planning administrator shall notify the applicant.

(d)

Effect of approval. Approval of a site plan shall not constitute approval of the building group but shall be deemed only as an expression of approval of the preliminary plan submitted as a guide to preparation of a final plan. Approval of a preliminary plan shall be void if a final plan has not been submitted within one year.

(2)

Procedure on final special plan. Submission of a final plan in accordance with the following provisions is mandatory for planned building groups.

(a)

Content of final plan. An application for approval of a final plan for a planned building group shall contain the following information:

1.

The applicant's name, address, and interest in the application, and the name, address, and interest of every person, firm or corporation represented by the applicant in the application; the name of the owner or owners of the entire land area to be occupied by the building group;

2.

A site plan showing the land area to be occupied by the building group, with its boundaries and dimensions; all public and private easements and rights-of-way, both existing and proposed, within or bounding the designated area and the adjoining properties; the location of the buildings and the use of the land on adjoining properties; proposed contours not to exceed two-foot intervals and necessary finished grade; the location, number of stories, and gross floor area of proposed principal buildings and accessory buildings, curb cuts, driveways, off-street parking areas, off-street loading areas, and walks; open areas to be set aside for special purposes; the location and height of proposed walls, fences, and screen planting; the types of paving or other surfacing to be used in the various areas; and such additional information as may be necessary to describe completely the proposed building group. Elevation or perspective of the proposed building group shall be submitted.

(b)

Action on final plan. The same procedure for administrative examination and review set out for the preliminary plan shall be followed in respect to a final plan.

(c)

Review by planning commission. In certain cases, the planning administrator may send plans to the planning commission for review when conditions exist which warrant public review. Within forty-five (45) days of the receipt of the planning administrator's request for review, the planning commission shall review the plan and shall approve or disapprove the plan; approval may establishment conditions and limitations. The planning commission shall then return its report of approval or disapproval to the planning administrator, and the planning administrator shall notify the applicant.

(d)

Effect of approval. Approval of a planned building group shall be void if a building permit has not been applied for within one (1) year.

(3)

Filing and recording of special plan. Upon approval of the final plan, a copy of the site plan shall be filed among the records of the building official and the original thereof recorded with the planning division, as a part thereof, and shall thereafter be binding upon the applicants, their heirs, successors, and assigns, shall limit and control the issuance and validity of permits and certificates, and shall restrict and limit the use and operation of all land and structures within the area designated in such plan to all conditions and limitations specified in such plan and the approval thereof; provided, however, that the planning administrator may, upon a showing of engineering necessary thereof, permit minor changes in the location of structures and site improvements, if such minor changes will not change the character of the development, or otherwise cause the plan to fail to meet the conditions specified herein.

(4)

Amendment or withdrawal of special plan. Pursuant to the same procedure and subject to the same limitations and requirements by which a final plan was approved, filed and recorded, it may be amended or withdrawn, either partially or completely, if all land and structures remaining comply with all the conditions and limitations of the final plan and the approval thereof and all land and structures withdrawn comply with all regulations established by all other sections of this ordinance.

(Ord. No. 2213, § 1, 1-4-00; Ord. No. 2678, § 1, 6-8-10; Ord. No. 2871, § 2, 10-18-16)

Cross reference— Condominiums, Miss. Code Ann. 1972, § 899-1 et seq.; construction of local zoning ordinances, Miss. Code Ann. 1972, § 89-9-33.