This ordinance shall be known and may be cited as the "Zoning Ordinance of the City of Long Beach."

(a)

This ordinance is adopted pursuant to the authority conferred by Mississippi Code with the intent to exercise all powers and authority available to it for the regulation of the use, development and subdivision of land and for all related matters.

(b)

Whenever any provision of this ordinance refers to or cites a section of the Mississippi Code and that section is later amended or superseded, this ordinance shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

(a)

This ordinance shall be effective throughout the city's planning jurisdiction. Such planning jurisdiction may be modified from time to time in accordance with applicable state law.

(b)

In addition to other locations required by law, a copy of a map showing the boundaries of the city's planning jurisdiction shall be available for public inspection in the planning department.

The provisions in this ordinance were originally adopted and became effective on _____ [sic].

To the extent that the provisions of this ordinance are the same in substance as the previously adopted provisions that they replace in the city's ordinances, they shall be considered as continuations thereof and not as new enactment unless otherwise specifically provided. In particular, a situation that did not constitute a lawful, nonconforming situation under the previously adopted zoning ordinance does not achieve lawful nonconforming status under this ordinance merely by the repeal of the zoning ordinance.

It is the intention of the Mayor and Board of Aldermen that these sections implement the planning policies adopted by the Board of Aldermen for the city, as reflected in the land-use plan and other planning documents. While the Mayor and Board of Aldermen reaffirm its commitment that this ordinance and any amendment to it are in conformity with adopted planning policies, the Mayor and Board of Aldermen hereby express its intent that neither this ordinance nor any amendment to it may be challenged on the basis of any alleged nonconformity with any planning document.

(a)

Subject to Article VIII of this ordinance (Nonconforming Situations), no person may use, occupy, or sell any land or buildings or authorize or permit the use, occupancy, or sale of land or buildings under his control except in accordance with all of the applicable provisions of this ordinance.

(b)

For purposes of this section, the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on, or in that building or land.

(a)

Reasonable fees sufficient to cover the costs of administration, inspection, publication of notice and similar matters may be charged to applicants for zoning permits, Long Beach Planning and Development Commission approval permits, special-use permits, zoning amendments, variances and other administrative relief. The amount of the fees charged shall be as set forth in the city's budget or as established by resolution of the Board of Aldermen filed in the office of the city clerk.

(b)

Fees established in accordance with Subsection (a) shall be paid upon submission of a signed application or notice of appeal.

It is hereby declared to be the intention of the Mayor and Board of Aldermen that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any such section, paragraph, sentence, clause, or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this ordinance since the same would have been enacted without the incorporation into this ordinance of such unconstitutional or invalid section, paragraph, sentence, clause or phrase.

(a)

Unless otherwise specifically provided, the time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays and holidays shall be excluded.

(b)

Unless otherwise specifically provided, whenever a person has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served by mail, three days shall be added to the prescribed period.

(a)

As used in this ordinance, words importing the masculine gender include the feminine and neuter.

(b)

Words used in the singular in this ordinance include the plural and words used in the plural include the singular.