The Legislature of the State of Mississippi has in Title 17, Chapter 1, Section 17-1-1 through 17-1-27 of the Mississippi Code, annotated, 1972, as amended, delegated the responsibility to local governmental units to adopt land use and development regulations designed to promote the public health, safety, morals, and general welfare of its citizens.

This ordinance shall be known as the "Official Zoning Ordinance of the City of Meridian, Mississippi", and may be so cited, and further referenced elsewhere as "Zoning Ordinance", and herein as "the ordinance" or "this ordinance", shall imply the same wording and meaning as the full title.

The general purpose and intent of this ordinance shall be the attainment of the goals and objectives of the people of the City of Meridian, Mississippi, expressed in the comprehensive plan of the city, through provisions of this ordinance, and to the degree that such attainment may be accomplished. Also, it shall be the intent of this ordinance that its interpretation and application be as helpful and permissive as possible toward the attainment of said goals and objectives, but within the provisions of the regulations stated herein.

4.01.

The governing authorities of the City of Meridian [City Council] and the Meridian Planning Commission [the Commission] are committed to a sound, reasonable, continuous, comprehensive planning process to implement the Meridian Comprehensive Plan and promote the goals and objectives of said plan. The plan's purpose is to promote the health, safety, morals, convenience, environment, and general welfare of its citizens and provide coordinated and efficient government actions, economic diversification and protection of the environment and aesthetics of the city.

4.02.

The Commission has provided for land subdivision and has divided the incorporated area of the city into zoning districts in accordance with a comprehensive plan for economic and physical development designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public services.

4.03.

The Commission and City Council of the City of Meridian, Mississippi, recognize that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon adjacent areas, such that special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The Commission and City Council of the City of Meridian, Mississippi, find that there is substantial evidence, including numerous studies, reports, and findings on the potential harmful effect of adult entertainment uses made by other cities, experts, city planners, etc. which document that such uses adversely affect property values, cause an increase in crime, encourage businesses to move elsewhere, and contribute to neighborhood blight. The Commission and City Council of the City of Meridian, Mississippi find it necessary, expedient and in the best interest of the citizens of Meridian, Mississippi, to regulate the operation and location of adult entertainment establishments for the purpose of stemming a potential increase in the criminal activities and disturbances of the peace and good order of the community, maintaining property values, preventing injuries to residential neighborhoods and commercial districts, and protecting and preserving the quality of life through effective land use planning.

The goals of the Meridian Comprehensive Plan and the continuous, comprehensive planning process are to provide guidance for rational response to change. They reflect, ideally, consideration of a combination of community issues and facts blended with community values. Goals, objectives, and policies institute the conscious statements of a community concerning what it wants to become and how it will direct its energy toward that achievement and form the basis for zoning regulations.

The omission of any specific use, dimension, word, phrase, or other provision from this ordinance shall not be interpreted as permitting any variation from the general meaning and intent of this ordinance as ordinarily construed or interpreted. If a question arises as to such intent or meaning, the interpretation of the governing authorities shall prevail. The City of Meridian shall not be liable for any errors, inaccuracies, omissions or untimeliness of any information contained herein or provide by any method of conveyance what-so-ever.

(Ord. No. 4367, § 1, 3-16-2010)

Should any section or provision of this ordinance declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this ordinance as a whole, or any part thereof, other than the part so held to be unconstitutional or invalid.

8.01.

It is the purpose and intent of this ordinance that the interpretation and application of the provisions given herein shall be held to be the minimum requirements necessary for promotion of the public health, safety, morals and general welfare, and that in no case should they be regarded as advocated standards.

8.02.

Whenever the requirements of this ordinance are in conflict with the requirements of any other lawfully adopted rules, regulations, codes, ordinances, policies, lawful deed restrictions, or lawful covenants to which the city is a party, the most restrictive or that imposing the higher standards, shall govern.

8.03.

Unless otherwise noted, the provisions of this ordinance will not be enforced retroactively.

For a period not to exceed one (1) year from the date of passage of this ordinance or amendment thereof, the Zoning Administrator shall have the authority to correct typographical errors, ambiguities in text language, and other unintentional errors that affect the clear understanding of this ordinance, without going through the ordinance text amendment procedures.

The incorporated area of Meridian, Mississippi, is hereby divided into zones, or districts for the purpose of promoting public health, safety, morals or the general welfare. These districts are as listed in Article 2 of this ordinance.

11.01.

The established districts are identified and delineated on a map entitled "Official Zoning Map of the City of Meridian" which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this ordinance.

11.02.

The official zoning map shall be identified by the signature of the mayor, attested by the City Clerk, and bearing the seal of the city under the following words: "This is to certify that this is the official Zoning Map referred to in section 11 of Ordinance No. _______ of the City of Meridian, Mississippi, as adopted by the City Council".

11.03.

The official Zoning Map shall be in the custody of, and shall remain on file in the office of, the City Clerk. An exact copy of the official map shall be in the custody of the Building Official.

11.04.

If, in accordance with the provisions of this ordinance and statutes of the State of Mississippi, changes are made in district boundaries or other matters portrayed on the official Zoning Map, such changes shall be made on said map promptly after such amendment has been approved by the City Council together with an entry on said map and attached sheets as follows: "Amended by Ordinance No. _______, dated _______", which entry shall be signed by the Mayor and attested by the City Clerk. No changes of any nature shall be made in official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever nature by any person or persons shall be considered a violation of this ordinance.

11.05.

Regardless of the existence of purported copies of the official Zoning Map which may from time to time be made or published, the official Zoning Map and attached sheets shall be the final authority as to the current zoning status of the land, buildings and other structures in the City of Meridian.

11.06.

If the official zoning map or attached sheets become damaged, destroyed, lost, or difficult to read, the city council may, by resolution, adopt a new official zoning map and attached sheets which shall supersede the prior zoning map. To the degree possible, the city clerk shall preserve the prior official zoning map for three (3) years after the date it was replaced.

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map the following rules shall apply:

12.01.

Boundaries indicated as approximately following the right-of-way center lines of streets, highways, railroad or alleys, mapped lot or site lines, city limit lines, shore lines or, centerlines of streams, lakes, or other topographic features shall be construed to follow such lines either as parallel to, or extensions of same.

12.02.

Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

12.03.

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered above, the zoning administrator shall interpret the district boundaries.

12.04.

Whenever any public easement or right-of-way is vacated, the district classification of the property to which the vacated land accrues shall become the classification of said vacated land.

13.01.

All annexations of land to the City of Meridian shall be zoned or rezoned in accordance with Section 1500 and will conform to the Comprehensive Plan.

13.02.

In recognition of the possibility of the annexation of adjoining lands, the city undertakes to establish a plan of consistent land use patterns that shall prevail if and when properties contained within such areas are annexed. For that purpose precise pre-zoning maps may be developed and adopted in the same manner prescribed by this ordinance for properties within the city.

13.03.

If a precise pre-zoning map has been adopted for an area, then such annexed properties contained therein shall be classified as indicated thereon at the time the annexation becomes effective.

13.04.

If a precise pre-zoning map has not been adopted for an area, then said area and sub-units thereof shall acquire the zoning district "A- Agricultural District" at the time the annexation becomes effective.

In the event rezoning is required pursuant to a court order specifically establishing the zoning classification to be applicable to the property which is the subject matter of the suit, the procedural requirements of the zoning ordinance for rezoning property shall not apply. A certified copy of the final court order shall be filed with the city clerk after all available time for appeal has expired. The city clerk shall have the zoning change entered on the official zoning map and cause the zoning change and certified copy of the court order to be entered in the minutes of the city council.

15.01.

The regulations set by this ordinance within each district shall be minimum requirements and shall apply uniformly to each class or kind of structure or land.

15.02.

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.

15.03.

No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this ordinance, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

15.04.

No yard or lot or site existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots or sites created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.

16.01.

Within the districts established by this ordinance or amendments thereto there are sites, structures, and characteristics of use which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or amendment. It is the intent of this ordinance to permit these nonconformities to continue until they are eventually removed, but not to encourage their continuation. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for placing additional signs, adding other structures or uses except in conformance with this ordinance.

16.02.

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been carried on diligently.

16.03.

Definitions:

16.03.01.

Nonconforming building or structure: Any building or structure that does not meet the limitations on size and location on a site for the district in which such is located, or the use to which such is being put.

16.03.02.

Nonconforming lot or site: A lot or site the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.

16.03.03.

Nonconforming use: A lawful use of land that does not comply with the use regulations for its zoning district but which complied with applicable regulations at the time the use was established.

16.03.04.

Discontinuance: As it applies to nonconforming uses, discontinuance results from the occurrence of one of the following conditions:

(1)

Willful vacancy of a structure designed or arranged for the nonconforming use for a continuous period of one (1) year; or

(2)

Willful vacancy of land for a period of ninety (90) days; or

(3)

Willful vacancy of any structure other than in #1 for a period of six (6) months; or

(4)

Clear intent on the part of the owner to abandon the nonconforming use.

16.04.

For nonconforming structures, uses of structures or of premises, or of structures and premises in combination; to the degree that a nonconformity exists on the effective date of adoption or amendment of this ordinance, the nonconformity may be continued so long as it remains otherwise lawful and subject to the following requirements:

16.04.01.

No nonconformity shall be enlarged, extended, constructed, moved, or structurally altered except when changed to a use permitted in the district in which it is located; or altered to decrease the nonconformity; or reconstructed after being damaged to an extent of less than fifty (50) percent of total replacement cost.

16.04.02.

If no structural alterations are made, any nonconforming use of a structure or structure and premises may be changed to another nonconforming use provided that the Zoning Administrator shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use pursuant to Section 1000.

16.04.03.

Any premises in or on which a nonconforming use is A) superseded by a permitted use; or B) discontinued for twelve (12) consecutive months; or C) removed or destroyed by damage exceeding fifty (50) percent of the total replacement cost, shall thereafter conform to the regulations for the district and this ordinance generally.

16.04.04.

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-load bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding twenty-five (25) percent of the total replacement cost of the nonconforming structure provided that the cubic amount existing when it became nonconforming shall not be increased.

16.05.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized safety official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located except that the safety official may mitigate hazards.