(A)

Amendment policy.

(1)

Reason for amendment. This ordinance, including the zoning map, is based on comprehensive planning studies and is intended to carry out the objective of a sound, stable and desirable environment. It is recognized that casual amendment of the ordinance would be detrimental to the achievement of that objective, and it is therefore declared to be the public policy to amend this ordinance only when one or more of the following conditions prevail:

(a)

Error. There is a manifest error in the ordinance;

(b)

Change in conditions. Changed or changing conditions in a particular area, or in the city or metropolitan area generally, make an amendment to the ordinance necessary and desirable;

(c)

Increase in need for sites. Increased or increasing needs for business or industrial sites, in addition to sites that are available, make it necessary and desirable to reclassify an area or to extend the boundaries of an existing district;

(d)

Annexation. It is necessary and desirable to classify territory hereafter annexed to the city to a district classification;

(e)

Ordinance changes. Amendment of the ordinance not involving a change in classification of land is necessary;

(f)

Change in governmental property. It is necessary to reclassify property as a result of acquisition or disposition of such property by the United States of America, the State of Mississippi, Harrison County or the City of Gulfport or its urban renewal agency.

(2)

Limitations on proposed amendments. Proposed amendments to effect a change in district classification shall be subject to the following limitations:

(a)

Minimum areas for new districts. New districts which do not abut districts of the proposed classification created by amendment shall contain at least the following areas:

(b)

Need for uses. There shall be a clear and demonstrated need in the area for those uses permitted in the proposed district and not permitted in a more restrictive district.

(B)

Amendment procedure. Proposed amendments to this ordinance shall be considered by the planning commission and by the mayor and board of commissioners. It is the function of the planning commission to consider proposed amendments, to collect information relative thereto by investigations or other means, and to conduct public hearings thereon, and to make recommendations to the mayor and board of commissioners. The ordinance can be amended only by the mayor and board of commissioners.

(1)

Amendment application. An amendment to this ordinance may be initiated by the mayor and board of commissioners on its own motion by the city planning commission. An amendment may also be initiated by any person, firm or corporation by filing a written application therefor with the building official. The application for amendment shall contain at least the following:

(a)

Interest and ownership. 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 proposed to be changed in classification or to be included within the proposed district; the name of the owner or owners of all structures then existing thereon and sufficient evidence to establish that the applicant has the right of possession to the land area and structures; the names and addresses of all owners of adjacent property (exclusive of the width of intervening streets, alleys or bodies of water);

(b)

Development schedule. The time schedule for the beginning and completion of development planned by the applicant in the area; if the development is planned in stages, the time schedule shall indicate the successive stages and the development planned for each stage;

(c)

Effect of amendment. A report giving the nature, description and effect of the proposed amendment; if the proposed amendment would require a change in the zoning map, a description of the probable effect on the surrounding land uses and properties;

(d)

Error. The error in this ordinance that would be corrected by the proposed amendment, if the intent is to correct an error.

(2)

Planning disposition. Following receipt of an application the planning division administrator shall fix a reasonable time for the public hearing and shall give public notice thereof by one publication in a newspaper published or having general circulation in the city, which publication shall be made not less than fifteen (15) days prior to said hearing, as required by law, as well as appropriate notice to the applicant. If it deems necessary, the commission may also notify the owners of surrounding property by mail as the names and addresses of such owners have been furnished by the applicant and may post a notice of such hearing on the property included within the proposed district. The commission shall prepare a record of its proceedings for each case, showing the grounds for its recommendations. The record shall be filed in the office of the commission and shall be a public record; a certified copy of the record of proceedings shall be transmitted to the mayor and city council.

(3)

Legislative disposition.

(a)

The mayor and board of commissioners shall examine all such applications, reports and recommendations transmitted to it and shall take such further action as it deems necessary and desirable to approve, disapprove, modify or remand to the city planning commission for further consideration. The mayor and board of commissioners shall restrict the hearing concerning an application to the record as made before the city planning commission. No land for which an application for reclassification has been denied by the mayor and board of commissioners shall be considered again by the planning commission or the mayor and board of commissioners for the same classification for at least one year from the date such application was denied.

(b)

Reversion. The owner, agent or lessee of property that requested rezoning and subsequently was rezoned by the mayor and board of commissioners must secure a building permit from the building official within one (1) year of the rezoning of the subject property. The building permit must be issued for the use for which the applicant requested the rezoning. The failure to secure a building permit as described above and/or the failure to maintain a valid building permit shall result in the reversion of the zoning classification of the subject property back to its original classification.

(Ord. No. 1600, § 1, 8-3-62; Ord. No. 1759, § 1, 12-16-86; Ord. No. 2048, 5-7-96; Ord. No. 2073, § 1, 1-7-97; Ord. No. 2139, § 1, 5-19-98; Ord. No. 2189, § 1, 8-4-99; Ord. No. 2462, § 1, 3-7-06; Ord. No. 2646, § 2, 10-20-09; Ord. No. 2647, § 2, 10-20-09; Ord. No. 2648, §§ 1, 2, 10-20-09; Ord. No. 2673, § 2, 5-4-10; Ord. No. 2691, § 1F, 8-3-10; Ord. No. 2878, § 1, 11-22-16)

State Law reference— Changes in zoning regulations, restrictions and boundaries, Miss. Code Ann. 1972, § 17-1-17.