Olive Branch City Zoning Code

ARTICLE V

- SCHEDULE OF DISTRICT REGULATIONS

No building or premises shall be used and no building shall hereafter be erected or altered for any purpose other than that allowed in the district in which such building or premises is located.

Sec. 1. - A Agricultural district.

The primary purpose of this district is to conserve agricultural land and undeveloped natural amenities and to prevent the encroachment of urban and other incompatible land uses on farmland and undeveloped areas. The district regulations are intended to protect agricultural use, the conservation of undeveloped areas, and to preserve additional area for future urbanization. The regulations permit large lot residential use, and normal farming activities as well as related uses found in rural areas. However, it is intended to prevent inordinate scattering of residences on small lots and other urban uses that would require unreasonable expenditures for public improvements and services. In the A agricultural district, a building or premises shall be used only for the following purpose:

Permitted uses:

Any forms of agriculture and forestry activities, but excluding feedlots and sales or auction yards and barns and other similar intensive farming operations limited elsewhere in this ordinance.

Single-family dwellings.

Boat docks, private.

Children's camps on sites of 40 acres or more.

Churches.

Country clubs.

Fish camps, hunting clubs not operated as a commercial enterprise.

Golf courses, except miniature courses or driving ranges.

Greenhouses and nurseries.

10.

Home occupations:

No person other than members of the family residing on the premises shall be engaged in such occupation.

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation.

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation other than one sign, not exceeding one square foot in area, non-illuminated, and mounted flat against the wall of the principal building.

No traffic shall be generated by such home occupation in greater volumes that would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off street and other than in a required front yard.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

No wholesale or retail establishment shall be permitted unless it is conducted entirely by mail, internet, or telephone and does not involve the receipt, sale, shipment, delivery, or storage of merchandise on or from the premises in quantities that would exceed an average of one (1) delivery or shipment per week, or that would exceed the storage capacity of an accessory building or 25 percent of the floor area of the dwelling unit.

There shall be no storage outside a principal building or accessory structure of equipment or materials used in the home occupation. Work trailers and signed vehicles used in conjunction with the home occupation cannot be stored or parked overnight (between the hours of 8:00 p.m. and 6:00 a.m.) in areas visible from the public right-of-way so as to constitute a change in the outside appearance of the premises and evidence of the conduct of such home occupation.

The home occupation shall be conducted entirely within the principal residential building or in a private garage accessory thereto.

There shall be no group instruction in connection with the home occupation.

11.

[Reserved.]

12.

Mobile homes on sites of five acres or more located a minimum of 100 feet from a side property line.

13.

Model homes including sales offices located within developing subdivisions to be used for the promotion of original sales of lots and houses within that subdivision only.

14.

Parks and forest preserves.

15.

Public schools.

16.

Public service facilities.

17.

18.

Roadside stands for the display or sale of agricultural products raised, produced and processed on the premises.

19.

Saddle clubs, stables' and riding academies.

20.

Accessory uses as provided, in Article VII.

21.

Cannabis cultivation facility and/or cannabis processing facility.

Conditional uses: The following uses may be allowed under a Conditional Use Permit, if approved by the board of adjustment in accord with the procedures and under the conditions set forth in area regulations and the parking regulations for similar uses set out elsewhere in this ordinance.

Airports, landing strips, and agricultural flying services, provided they comply with the regulations of the Federal Aviation Administration.

Asphalt plants provided that:

The plant is operated in conjunction with and on the same property as a gravel mining operation.

That the asphalt processing is conducted no closer than 300 feet of any adjacent property line, or 500 feet of any existing residential or commercial structure.

That a bond is posted by the party conducting the asphalt processing to guarantee that City roads will be properly cared for and returned to City specifications as required by the City Engineer.

That all plant discharges must comply with individual environmental standards as determined by the City Engineer.

Auction yards or barns.

Beauty shops provided not more than one person is employed, and, not more than one sign with a maximum area of four square feet is erected.

Carnival.

5.1.

Civic, social, fraternal organization.

Commercial radio, television stations.

Cotton gins and commercial grain elevators provided that the minimum site size be not less than 20 acres.

Country stores located on property designated in the land use plan as future commercial and provided that all bulk storage of flammable liquids is underground and no less than 35 feet from all property lines.

Day care centers.

10.

Extraction of minerals, including sand and gravel, provided that:

A bond is posted by the party mining such minerals to guarantee: (1) the refill of the pit within six months after excavation is completed so all banks have not more than a three to one slope, and (2) that City roads will be properly cared for to deter dust and damage and will be returned to City specifications within six months after excavation is completed.

No material is extracted within 100 feet of the centerline of the City road or within 50 feet of any property line.

No washing of gravel is permitted unless a filtration system, approved by the City Engineer, is provided to prevent pollution of nearby streams.

No City roads will be travelled upon unless permission is granted by the board of aldermen for the use of such road.

11.

Feeding lots, hog farms, rabbit hutches, and similar intensive farming operations.

12.

Flea markets.

13.

Commercial guest ranches, hunting, and fishing resorts, and incidental facilities, including swimming pools, restaurants, incidental retail sales and services and personal services, provided they are located on sites containing not less than 50 acres.

14.

Hospitals, nursing homes, veterinary clinics, dog kennels and educational, religious, and philanthropic institutions on sites of not less than five acres, provided not more than 20 percent of the site area may be occupied by the buildings.

15.

Marinas, yacht clubs, boathouses, and accessory bait shops and snack bars.

16.

Motels, resorts, and incidental facilities, including swimming pools, restaurants, incidental retail sales and services, and personal services, provided they are located on sites containing not less than four acres.

17.

Mobile home parks, provided that a site plan meeting the following criteria is submitted with the application:

Each lot provided for the occupancy of a single trailer or mobile home unit shall have an area of not less than 5,000 square feet and a width of not less than 50 feet. No trailer, structure, addition, or appurtenance thereto shall be located less than ten feet from the nearest adjacent lot boundary.

All sewage disposal facilities and water supply facilities must be approved by the state board of health. Regular garbage and refuse pickup service must be provided at each trailer court. Permanent facilities for washing and laundering may be required to meet the state board of health requirements. Adequate stormwater drainage must be provided before occupancy and in a manner not to be objectionable to adjacent property owners. No site subject to flooding shall be approved.

All vehicular road entrances must be approved by the City Engineer for safety access. Each trailer site shall abut a hard surfaced driveway, roadway, or street of not less than 30 feet in width, which shall have unobstructed access to a public highway or street. Space between trailers may be used for parking of motor vehicles if the space is hard surfaced and clearly designated at least five feet from the nearest adjacent lot boundary. When such off-street parking spaces are provided, the driveway, roadway, or street serving the lot shall not be less than 24 feet in width. A street plan satisfactory to the board of adjustment must be approved prior to construction with streets paved and culverts in place before occupancy.

Electrical facilities provided to each lot must meet the National Electrical Code requirements. Trailer courts having ten or more trailer lots must provide an overhead street or night light operating at night. One streetlight must be provided for each ten trailer lot spaces, or portion thereof within the court.

Each trailer court providing more than four trailer spaces must provide suitable fenced playground area of not less than 300 square feet for each trailer space.

In approving a trailer court site, there may be imposed such reasonable requirements as to screening and other features of the development as are deemed necessary to protect adjacent property and prevent objectionable conditions. A 25-foot landscaped area shall be provided around the entire perimeter of a mobile home park adjacent to any residential dwelling district.

After completion of improvements and prior to opening the mobile home park, a final plat shall be submitted in accordance with City subdivision regulations [appendix B of this volume]. Such plats need not be recorded in the Chancery Clerk's office but must be approved by the board of adjustment and board of aldermen and filed in the plat book in the board of adjustment office.

Each mobile home shall be provided with anchors and tie-downs such as cast in place concrete "deadman" eyelets imbedded in concrete slabs, screw augers, arrowhead anchors or other devices to be used to stabilize the mobile home.

Skirting shall be provided around the perimeter of each mobile home.

18.

New cemeteries or enlargement of existing cemeteries.

19.

Privately operated outdoor recreational facilities which are not allowed as a permitted use above, including but not limited to riding stables, lakes, swimming pools, tennis courts, stock car racetracks, motor cross, and miniature golf courses, provided they are located on sites containing not less than five acres.

20.

Private schools.

21.

Rock concerts.

22.

Sanitary landfills.

23.

Sewage treatment facilities.

24.

Sawmills, provided they are on sites containing not less than five acres.

25.

Small assembly or manufacturing uses not employing more than two persons and from which no noise, glare, heat, vibration, smoke, dust, or other noxious influence can be detected at the property line.

26.

Utility substations.

27.

Wells, gas, and oil including drilling and extraction.

28.

Radio and television towers or antennas or earth stations exceeding 35 feet in height, or where more than one (1) antenna or tower structure is proposed on an individual property. The setback for such a tower, antenna, or earth station, shall be one (1) lineal foot from all adjacent property lines for every lineal foot of tower, antenna, or earth station height, plus one (1) additional foot.

Minimum area, yard, and height requirements: Minimum area, yard, and height requirements which govern any use in this district are listed on the chart of regulations [in the appendix to this appendix] unless otherwise regulated in this article.

(Ord. of 6-21-22(1), § 2)

Sec. 2. - AR Single-family residential district.

The primary purpose of this district is to permit the development of single-family residential areas characterized by a rural atmosphere, low overall density with lots of at least one acre in size. In addition to single-family residences, churches, schools, and accessory uses compatible with low density, large lot surroundings are permitted. The district is located near urbanized communities and developing rural areas of the City and communities where this type of development has been designated in the comprehensive plan. In the AR single-family residential district a building or premises shall be used only for the following purposes:

Permitted uses:

Agriculture activities but excluding feed lots and sales, auction yards and auction barns.

Single-family dwellings.

Churches.

Country club.

Home occupations subject to the standards defined under the A agricultural district.

Model home, including sales offices, located within developing subdivisions to be used for the promotion of original sales of lots and houses within that subdivision only.

Radio and television towers or antennas or earth stations not exceeding 35 feet in height. The setback for such a tower, antenna, or earth station, shall be one (1) lineal foot from all adjacent property lines for every lineal foot of tower, antenna, or earth station height, plus one (1) additional foot. The number of antennas or tower structures shall be limited to no more than one (1).

Schools, public.

Public service facilities.

10.

Accessory buildings and uses as provided in Article VII.

Conditional uses: The following uses may be allowed under a Conditional Use Permit, if approved by the board of adjustment, in accordance with the procedures and under the conditions set forth in Article X, provided such conditional uses shall comply with the height and area regulations and with the parking regulations for similar uses set out elsewhere in this ordinance.

Day care centers.

Hospitals, nursing homes, and educational, philanthropic, or religious institutions on sites of not less than five acres, provided not more than 20 percent of the site area may be occupied by the buildings.

New cemeteries and enlargement of existing cemeteries.

Parking lots located within 300 feet of a C district.

Civic, social, fraternal organization.

Privately operated lakes, swimming pools, and tennis courts intended for public use, provided that they are located on sites containing not less than five acres.

Private schools.

Wells, gas, and oil including drilling and extraction.

10.

Extraction of minerals, including sand and gravel, as provided for under Article V, section 1, paragraph B, number 10, provided such application is made prior to December 31, 1985.

11.

Saddle clubs, stables, and riding academies: Stables for the commercial boarding of horses, including saddle clubs, riding academies, equestrian shows, youth horse camps, riding clinics, children's birthday parties, sales of tack and equipment, and the accessory sale of food at horse shows.

Minimum area, yard and height requirements. Minimum area, yard and height requirements which govern any use in this district are listed on the chart of regulations [in the appendix to this appendix] unless otherwise regulated in this article.

Sec. 3. - R-1 Single-family residential district.

The purpose of this district is to permit the development and continued maintenance of low residential densities in an urban setting consisting primarily of single-family residential development, by relatively low overall density with lots of at least 12,500 square feet per dwelling unit. In addition to single-family residences, churches, schools, and accessory uses compatible with residential surroundings are permitted. The district is located within or near urbanized communities and in areas where this type of development has been designated in the comprehensive plan. In the R-1 single-family residential district, a building or premises shall be used only for the following purposes:

Permitted uses:

Single-family dwellings.

Churches.

Country club.

Model home including sales offices located within developing subdivisions to be used for the promotion of original sales of lots and houses within that subdivision only.

Schools, public.

Public parks, playgrounds, recreational and community facilities and buildings of a noncommercial nature.

Home occupations subject to the standards defined under A agricultural district.

Accessory buildings and uses as provided in Article VII.

10.

Public service facilities.

The conditional uses shall be the same as in the AR single-family residential district.

Private schools.

Sec. 4. - R-2 Single-family residential district.

The purpose of this district is to provide for low to medium residential densities yet permit economies in construction and services. Densities and building heights are sufficiently low to be compatible with existing single-family developments. In the R-2 single-family residential district, a building or premises shall be used only for the following purposes:

Permitted uses:

Any use permitted in the R-1 single-family residential district.

Conditional uses:

The following uses may be permitted if approved by the board of adjustment, in accordance with the procedures and under the conditions set forth in Article X, provided such conditional uses shall comply with the height and area regulations and with the parking regulations for similar uses set out elsewhere in this ordinance.

The conditional uses shall be the same as in the R-1 single-family residential district.

Rooming House.

Senior citizen housing with the submission of a site plan conforming to the requirements of the R-4 district, as reflected in Article V, Section 6, Items "c", "d," "e," and "f," to provide the information necessary to determine if the proposed development is compatible with any adjacent existing development.

Sec. 5. - R-3 Planned residential district.

Purpose: The purpose of the planned residential district is to provide a mechanism for achieving a greater flexibility in the development of land for residential purposes, not otherwise possible in conventional residential zoning districts.

Intent: It is the intent of this section that the planned residential district designation be composed of developments whose principle use, upon completion, is residences in which each dwelling unit has separate and distinct owners who own and reside within the unit, as opposed to developments owned totally or in part by an individual, partnership, or corporation and used for rental purposes. To this end, certain uses which would function more effectively in other districts and would interfere with the operation of such planned residential developments have been excluded.

Permitted uses:

Any use listed as a permitted use in the R-2, single-family residential district.

Conditional uses:

Any use listed as a conditional use in the R-2, single-family residential district, with the exception of rooming house.

Patio home.

Residential condominium.

Senior Citizen housing with the submission of a site plan conforming to the requirements of the R-4 District, as reflected in Article V, Section 6 item "c", "d", "e" and "f", to provide the information necessary to determine if the proposed development is compatible with any adjacent existing development.

Single-family attached dwellings.

Single-family residence in zero lot line developments.

Townhouses.

Creation, preliminary development plan required: A parcel of land may be zoned to the R-3, planned residential district upon an application for change of zoning district designation, amending the zoning map of the City of Olive Branch. The board of aldermen, upon recommendation by the Planning Commission, may authorize a planned residential district when the proposed development or use of a specific tract of land warrants a greater flexibility, control, and density than is afforded under the general regulations applicable to the property. A planned residential district shall be established only following a public hearing, as specified in the amendatory procedures of Article XIV, and shall require the submission of a project text and preliminary development plan which, when zoning is granted, shall govern the development of the land and all subsequent final plans thereof.

Overall development size: A planned residential district shall not be established upon any tract of land less than five acres in size.

Area regulations and performance standards: It is intended that the planned residential district designation provide a means of achieving a greater flexibility in the development of land in a manner not otherwise possible in conventional zoning districts. Therefore, it is equally anticipated that each planned residential development will incorporate modifications varying to one extent or another from the normal requirements of conventional zoning districts. As a result, baseline area regulations and performance standards must be established against which the proposed planned residential development can be compared for the purpose of identifying and evaluating such modifications as may be proposed. The baseline area regulations and performance standards applicable to the individual uses within each planned residential development shall be as follows:

Single-family attached residences, single-family detached residences, single-family zero-lot line, patio homes, and all permitted non-residential uses: Those area regulations and performance standards applicable to the R-2, single-family residential district.

Multiple-family residential uses: Those area regulations and performance standards applicable to the R-4, multiple-family residential district.

Modifications:

Generally: The approval of a project text and preliminary development plan may provide for such modifications from the above-referenced baseline area regulations and performance standards as the board of aldermen may find necessary or desirable to achieve the objectives of the proposed planned development, provided:

Such modifications are consistent with the standards and criteria contained in this section;

Have been specifically requested; and,

That no modification of the baseline regulations and standards would be allowed when such proposed modification would result in any of the following:

Inadequate or unsafe access to the proposed planned development.

ii.

Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity.

iii.

An undue burden would be placed on public parks, recreation areas, fire and police protection, and other public facilities, which serve or are proposed to serve the planned development.

iv.

A development which will be incompatible with the purposes of this section or the town's adopted general development plan.

Detrimental impact on adjacent properties and/or the surrounding neighborhood.

Burden of proof: The burden of proof that the criteria required to secure approval of modifications to the baseline regulations and standards have been met shall rest with the applicant.

Limitation on modifications: Modifications proposed by the preliminary development plan, are limited to those areas specified by this section. Modifications shall not include those City standards and specifications pertaining to the design and construction of public improvements, or such privately maintained improvements that are required to meet public standards and specifications for construction and design.

Minimum common open space:

Required open space: A minimum total area of ten percent of the gross area of the subject property shall be set aside as parks, playgrounds, or other common open space. Of this ten percent, a maximum of five percent may be covered with water. Parks and playgrounds must be suitably improved for their intended use as parks and playgrounds. Areas dedicated for common open space uses shall be freely accessible, and shall be topographically suitable for public use. Level floodplain areas adjacent to drainage ways may be dedicated as common open space with the approval of the City.

Where the common open space is to be maintained by the owners of property within the proposed development, the developer shall incorporate a homeowners association for this purpose prior to the recording of the plat.

At the recording of the plat, the developer shall, concurrently, transfer the ownership of all common elements to the homeowners association.

Payments in place of land dedication:

As an alternative to the dedication of open space within a planned residential development, the applicant may voluntarily propose a payment to the City in place of the land dedication. The amount of the payment shall be established by multiplying the total number of lots within the development by three hundred and fifty dollars and no cents ($350.00). In those instances where the applicant proposes payments in place of land dedication, such proposal shall be submitted to the Planning Commission and the board of aldermen with the submission of the preliminary development plan. The request to provide payments in place of land dedication by the applicant shall be accompanied by all supporting documentation. It shall be completely at the discretion of the board of aldermen to either accept the payment in place of land dedication, or require dedication of the common open space within the development.

In those instances where payment alternative is accepted by the City the payment shall be deposited by the applicant with the City prior to the recording of the plat for the development. Where the subdivision will be developed in a series of phases or sections, individual payments may be made prior to the recording of the plat for each phase or section. Each payment will be established by multiplying the total number of lots within each respective phase or section by three hundred and fifty dollars and no cents ($350.00).

In those instances where payments are accepted by the City in place of the required land dedication in planned residential developments, such funds shall be deposited by the City in a Park Development Fund. Payments made on behalf of a specific planned residential development shall be solely dedicated to the purchase and development of parks and public open space serving that particular portion of the community within which the donating development is located.

Alternative land dedication: As an alternative to dedication of open space within a planned residential development, the applicant may propose to donate land to the City in an area outside of the proposed development. The area of the alternative land proposed for donation shall be at least as much as that amount of land which would otherwise be dedicated as common open space within the development. Alternative property donated in lieu of required common open space shall be freely accessible, and shall be topographically suitable for public use. The applicant shall submit his request to donate alternative land in lieu of the dedication of common open space to the Planning Commission and the board of aldermen with the submission of the preliminary development plan. In no case, shall any alternative land proposed for donation to the City in lieu of common open space dedication be located within the 100-year floodplain as designated by the Federal Emergency Management Agency, upon a reclaimed landfill, or upon any other environmentally impacted land. The request to donate alternative land in lieu of the dedication of common open space shall include a metes and bounds description, a topographic survey of the property proposed for donation, a floodplain certification, and an environmental audit report, each prepared by a registered engineer licensed to do business within the State of Mississippi. It shall be completely at the discretion of the board of aldermen to either accept the donation of land outside the planned development or require the dedication of common open space within the planned development.

Procedures for planned residential development approval:

Pre-application conference: Prior to filing any application for a planned residential district approval, the prospective applicant shall request a pre-application conference with the City staff. Such request shall include a general description of the nature, location, and extent of the proposed planned development, a sketch plan conforming to the requirements of section 5(k)(3), and a list of any professional consultants advising the applicant in respect to the proposed planned development. The purpose of the pre-application conference is to provide the applicant with the opportunity to consult early and informally with the City staff before preparation of the required preliminary development plan, and submission of the formal application to the Planning Commission. The intent of this procedure is to assist the applicant in preparing a plan which will:

Meet the objectives of the Planning Commission and of this section,

Identify uses proposed for the planned residential development, as well as the improvements required by those uses, and

Identify any potential problems that may be involved in the proposed concept for the planned residential development.

The pre-application conference is intended to decrease costs for the applicant by eliminating poor design in the early stages of the development process. The pre-application conference will also be used to identify the appropriate approval process required.

The formal application: All applications for planned residential development approval shall be made in writing by the owner of the property, or the owner's duly authorized agent, upon forms provided by the Olive Branch Planning and building department. The application shall contain the following information:

The completed application form and the payment of all fees.

The legal description(s) of the parcel(s) for which the approval is sought.

A preliminary development plan, conforming to the design standards contained in section 5(k)(4), demonstrating to the Planning Commission the character and objectives of the planned residential development so that the commission may evaluate the effects the proposed planned residential development would have upon the community, the neighborhood, and adjacent properties.

A project text, conforming to the requirements contained in section 5(k)(2).

Such other information required of the applicant as may be deemed necessary by the Planning Commission to further clarify the various elements and/or impacts of the proposed planned residential development, provided at the applicant's expense.

The approval process:

Relationship between the zoning amendment and the preliminary development plan: The preliminary development plan is considered an integral element of the zoning amendment application. Approval of the zoning amendment shall be considered concurrent approval of the preliminary development plan along with such modifications as may be approved by the board of aldermen.

Staff review: The formal application, preliminary development plan, project text, and all other required materials, shall be submitted to the planning and building department, no later than the dead line date established for the Planning Commission meeting at which the application will be heard. The administrative official shall initiate an administrative review of the request by the affected City departments, the results of which shall be reported to the Planning Commission for its consideration.

Planning Commission action: Upon receiving the planned residential district application, the staff report, and associated documents from the City staff, the Planning Commission shall hold a public hearing. The commission shall consider the potential impacts of the proposed planned development upon:

The character of the community in light of the quality of construction proposed and the architectural compatibility of the proposed development.

ii.

Traffic conditions.

iii.

Public utility facilities.

iv.

Such other matters pertaining to the public health, safety, and welfare of the City.

The Planning Commission shall then approve, approve subject to specified conditions, or deny the same, and a report of its action, together with a recommendation for final action, shall be made to the board of aldermen.

Action by the board of aldermen: Upon receiving the report from the Planning Commission concerning their recommendation on the application, the board of aldermen shall hold a public hearing as prescribed by law. After considering the potential impacts of the proposed planned residential development upon the character of the community in light of the quality of construction and the architectural compatibility of the proposed development, traffic conditions, public utility facilities, and such other matters pertaining to the public health, safety, and welfare of the City, as well as the recommendation of the Planning Commission, the board shall approve, approve subject to specified conditions, or deny the same, and a report of its action shall be returned to the applicant.

A request for a planned residential district zoning amendment may be approved by the board of aldermen following a recommendation by the Planning Commission, in accordance with the requirements of Article XIV of this ordinance, "Amendments."

ii.

In approving a request for a rezoning to the planned development district designation, it shall be at the discretion of the board of aldermen, in the light of the recommendations of the Planning Commission and the comprehensive plan, to:

(A)

Approve all, or only a portion of the area requested for the zoning change.

(B)

To grant the requested zoning classification or require a more restrictive one.

Approval of the preliminary development plan required prior to development: No development or redevelopment of the property encompassed within a proposed planned residential district designation shall take place until a preliminary development plan and project text, acceptable under the requirements of this section, have been reviewed and approved by the board of aldermen as provided herein.

Contractual agreement: The preliminary development plan and project text are intended to demonstrate to the Planning Commission and the board of aldermen the character and objectives of the proposed development, so that the commission, and ultimately the board, may evaluate the effect the proposed development would have on the community, and determine what provisions, if any, should be included as a part of the plan, and be binding upon the future use and development of the property. The filing of a preliminary development plan and project text shall constitute an agreement by the owner and applicant, successors, heirs, and assigns, that if the preliminary development plan and project text are approved, development of the property and any permits issued for the improvement of such property, and activities subsequent thereto, shall be in conformance with the approved preliminary development plan and project text for the subject property, and any conditions attached thereto. The approved preliminary development plan, project text, and any conditions attached thereto shall have the full force and effect of the zoning ordinance.

Period of validity: Approval of the preliminary development plan by the board of aldermen shall expire, and be of no effect within one year after the date of the approval of the preliminary development plan by the board, unless a final plan has been submitted for approval within that time.

Effect of expiration: At such time as the period of validity of a preliminary development plan lapses:

No actual development or redevelopment of the property shall take place until a new preliminary development plan, acceptable under the requirements of this section, has been reviewed and approved by the Planning Commission and the board of aldermen as provided herein.

ii.

At such time as the period of validity of a preliminary development plan lapses, the Planning Commission staff shall place the matter before the Planning Commission on the next available agenda. The commission may determine if there has been sufficient change in circumstances to warrant removal of the R-3 designation and reversion of the zoning designation of the subject property to its prior zoning designation. The procedure and notice requirements shall be the same as for any rezoning, and shall be in accordance with Article XIV, Amendments.

Extension of the period of validity: The Planning Commission may grant extensions of the preliminary development plan approval, not exceeding six months each, upon written request by the original applicant.

Amendment of the approved preliminary development plan: An approved preliminary development plan may be amended upon application, and under the same applicable procedures as required for the original approval of the initial preliminary development plan, as required by this section.

Relationship between approval of the preliminary development plan and subdivision approval: In those instances where subdivision is an integral part of the proposed planned development, approval of the preliminary development plan shall constitute the same action as approval of a preliminary plat for subdivision approval purposes. No preliminary plat as specified in the city's subdivision regulations shall be required.

The final plat: Following the initial rezoning procedure, the proposed development shall follow all applicable procedures and requirements governing the subdivision of land. No building permit shall be issued until a final plat of the proposed development, or portion thereof when developed in phases, has been filed, approved, and recorded. The approval process for the final plat shall be in accordance with the requirements for a major subdivision as contained within the city's subdivision regulations.

Specifications for plans and documents:

General: An orderly and effective planned residential development involves an approval process based upon accurate, detailed and complete information submitted by the applicant in a form suitable for satisfactory planning evaluation. This section specifies precisely that information which must be supplied by the applicant graphically and in writing. It describes the data and documents and the degree of detailed information they must contain and the form in which they must all be submitted. Standardization and uniformity of information are necessary in order to eliminate uncertainty for the applicant and to facilitate speedy and equitable administration of these regulations.

Project text: A project text shall be prepared by the applicant as an element of the formal application for a planned residential district designation. The project text shall contain the following information:

Name:

Name of the subdivision if property is within an existing subdivision.

ii.

Proposed name of the planned development.

Ownership:

Name, address, telephone number, and fax number, if applicable, of the legal owner and the agent of the property; and, a citation of the last instrument conveying title to each parcel of property involved in the proposed development, including the grantor, grantee, date and land records reference. Verification of the applicant's ownership and/or contractual interest in the subject site.

ii.

Citation of any existing legal right-of-ways or easements affecting the property.

iii.

Existing and proposed covenants affecting the property.

iv.

The current zoning designation of the property.

Name, address, telephone number, and fax number, if applicable, of the professional engineers, land surveyors, or other design professionals retained for service on the project.

Description: The written metes-and-bounds legal description, including the location of the subject property by lot, section, township, range, and county.

Project data:

A brief narrative, including an explanation of the character of the proposed development.

ii.

Allocation of the site area by building coverage; parking, loading areas, and driveways; open space areas, including total open space, recreational areas, landscaped areas, and others.

iii.

Allocation of the site by land use type, residential density distribution by residential type and for the entire project.

iv.

Proposed area and bulk regulations and performance standards for each element of the project, including the proposed minimum floor area requirements by residential type. A list specifying all proposed modifications from the baseline standards discussed in section 5G, along with the applicant's justification for those modifications shall also be included.

A narrative discussion specifying proposed road improvements, access, and overall circulation within the project. A narrative discussion specifying proposed landscaping improvements, screening, and the development of common open space areas. A narrative discussion specifying proposed utility improvements and extensions, the provision of public facilities, and provisions for the control of storm water drainage. As an appendix to the project text, letters shall be provided from the applicable utility providers addressing their ability to serve the proposed project.

vi.

The proposed architectural guidelines and uniform signage requirements for the development.

vii.

The anticipated development schedule for the project. If the project is proposed to be developed in stages or units during a period extending beyond one construction season, the schedule shall indicate:

(A)

The approximate date when construction of the project can be expected to begin.

(B)

The minimum area and the approximate allocation of common open space and public improvements that will be required for each phase.

(C)

The order in which the phases of the project will be built.

A narrative discussion concerning the overall architectural concept sought to be achieved by the planned development, including the proposed minimum heated floor area of the proposed residences, landscaping, architectural requirements, i.e., style, materials, enclosed garage, uniform mailboxes, driveway and sidewalk finishes, etc., uniform signage program, decorative street lights, and the compatibility of the proposed architectural concept with adjacent and surrounding development.

A narrative discussion concerning the relationship and compatibility of the proposed development with surrounding land uses, including a comparison of lot size and minimum floor area requirements with all adjacent residential developments.

A narrative discussion concerning the relationship between the proposed planned development and the requirements of the city's comprehensive plan, as well as the development's conformance with the goals and objectives of this section.

Sketch plan: The applicant shall prepare a sketch plan as an element of the pre-application conference held prior to the formal application for a planned residential district designation. This plan may be drawn as a freehand pencil sketch, and does not require precise dimensions or any special sheet size. The sketch plat is intended to be used to show the location, proposed street and lot layout, and other significant features of the proposed planned development. The sketch plan shall contain the following information:

Features:

Location of property lines, watercourses, and existing wooded areas; location, width, and name of all existing or platted streets or other public ways within or immediately adjacent to the tract.

ii.

Location and sizes of existing sewers, water mains, culverts, and other utilities within or immediately adjacent to the tract. Existing buildings, utility poles, and utility right-of-ways on or immediately adjacent to the tract.

iii.

Approximate topography.

iv.

The approximate location and widths of proposed streets, the approximate locations, dimensions, and areas of all proposed or existing lots, preliminary proposals for connections with water and sewer systems, and preliminary proposals for collecting and discharging storm water drainage.

The approximate location, dimensions, and area of all parcels of land proposed to be either dedicated for public use or for the common use of the property-owners within the proposed subdivision.

vi.

A vicinity map reflecting the streets and other general development of the surrounding area.

vii.

The location of temporary stakes to enable local officials to find and appraise features of the sketch plan in the field.

viii.

The current zoning designation of the subject tract and all adjacent properties.

ix.

An aerial photograph with the out-boundary of the proposed planned development identified.

Preliminary development plan: The preliminary development plan shall be prepared by a licensed land surveyor licensed to do business in the State of Mississippi at a scale of not more than one inch equals 100 feet on sheets not exceeding 24 inches by 36 inches. If more than one sheet is used, all sheets shall be numbered in sequence. The design of all plans shall conform to the city's standards and specifications.

Required information: All preliminary development plans shall contain all of the information described in this section:

Plat data:

(A)

The date of plan submission and the following names, addresses, telephone numbers, and fax numbers, if applicable:

(1.)

The record owner or owners of the subject property.

(2.)

The party who prepared the plan, including their registration number.

(3.)

The party for whom the plan was prepared, if different from the property-owner.

(4.)

The engineer and/or land surveyor who will design the improvements for and survey the tract, or such part thereof as is proposed to be developed.

(5.)

All adjacent property-owners of record.

(B)

The name of the proposed development and all proposed streets.

(C)

Indication of the use of any lot (single-family, two-family, multiple-family, townhouse, etc.) and all uses other than residential proposed by the applicant.

(D)

The approximate true north point, title, and graphic scale.

(E)

The area of the tract and each subdivided lot expressed in square feet if less than an acre or tenths (0.1) of an acre if larger than an acre.

(F)

F.E.M.A. flood elevation for the property, and the location of the flood zone boundary(ies).

(G)

If the developer intends to use any portion of the parcel for multiple-family purposes, then the preliminary development plan shall include the following data:

(1.)

Gross area of that portion of the property.

(2.)

Area in streets.

(3.)

Net area of the property.

(4.)

Maximum amount of units allowed.

(5.)

Maximum number of units proposed.

(6.)

Parking spaces required and parking spaces provided. Parking ratio (number of parking spaces to the number of dwelling units).

(7.)

Distance between proposed structures.

(H)

A vicinity map showing the streets and other general development of the surrounding area.

(I)

The current zoning designation of the subject property and of all adjacent properties, and the current owners of those properties.

ii.

Existing conditions:

(A)

The location and dimensions of all out-boundary lines of the property by calculated distances and bearings, expressed in feet and decimals of a foot.

(B)

The location of the property with respect to surrounding property and streets, including the names of adjacent property-owners and adjoining developments.

(C)

The location and dimensions of existing easements, water bodies, streams, and other pertinent features such as wetlands, buildings, parks, drainage ditches, bridges, culverts, etc., in and adjoining the tract.

(D)

The location and width of all existing streets, alleys, other public ways, easements, building setback lines, utilities, fire hydrants, and storm water drainage facilities.

(E)

The location of all existing sidewalks and pedestrian walkways.

(F)

Identification of the existing land use and zoning of the petitioned site and adjacent properties.

iii.

Proposed conditions:

(A)

The internal circulation pattern for both vehicular and pedestrian traffic, including proposed and existing streets, alleys, driveways, sidewalks, pedestrian walkways, and other public ways. For all off-street parking areas, the proposed boundary of the parking area; location, size, and number of all parking spaces; the width of all traffic aisles within the parking area; and the identification of all service islands, service parking, and loading zones.

(B)

The locations and dimensions of all proposed lots.

(C)

The location, dimensions, and height of all main and accessory buildings, other than single- and two-family residences. Their relation to one another and to any existing structures to remain on the site. The distance from all such proposed buildings to the adjacent property lines. Their proposed finished floor elevations. For single- and two-family residences, the proposed building setback lines.

(D)

The location and dimensions of all property proposed to be set aside for public or private common use, with designation as to the purpose thereof.

(E)

Blocks shall be numbered consecutively. The blocks in numbered additions to subdivisions bearing the same name shall be numbered consecutively throughout the several additions.

(F)

All lots in each block shall be numbered in consecutive order. Out-lots shall be lettered in alphabetical order.

(G)

Total project density for that portion of the project intended for residential development and/or the building floor area, by use, for non-residential development.

(H)

The location of landscaping areas, common open space areas, and buffer yard areas, and specifications for treatment as to plant type, plant size and plant location. The percentages of landscaping/open space areas and impervious surface areas to the total area of the site.

Note: A separate landscape plan may be required in those instances where the size and complexity of the proposed project indicate the need for additional detail.

(I)

eight, size, location, design, and orientation of all proposed signs.

(J)

Location, height, and type of all exterior lighting.

(K)

Location, area, and type of screening for all exterior trash collection and/or recyclables collection areas.

(L)

A graphic depiction of the proposed phase boundaries for all projects proposed to be constructed in phases.

iv.

Grading, drainage, and utility plan:

(A)

The topography of the site at two-foot intervals, at the same scale as the plan. Contour data shall extend 150 feet beyond the boundaries of the proposed development.

(B)

Contours of the site reflecting the difference in elevation between the pre-developed site and the proposed finished grades.

(C)

Proposals for storm water management, including retention/detention of run-off, as well as the size of the watershed, and calculations of the storm water run-off and retention/detention needs based upon the rational method.

(D)

Overall layouts for:

(1.)

Sanitary sewer—Pipe sizes, direction of flow, location of manholes, lift stations, location of laterals for each lot or property, etc.

(2.)

Storm sewer—Pipe sizes, direction of flow, inlet locations, manhole locations, retention/detention basins, etc.

(3.)

Water—Pipe sizes, fire hydrant locations, valve locations, service locations for each lot, elevated or underground storage locations and specifications, standpipe locations and specifications, etc.

(4.)

Natural gas—Pipe sizes, valve locations, individual service locations, etc.

(5.)

Electrical—Transformer locations.

(E)

The location, dimensions, and proposed use of all proposed easements.

Supplementary information:

(A)

Legal description of the tract to be subdivided.

(B)

Description of the physiographic characteristics of the site, including soil type, permeability, depth to groundwater, etc., in addition to the results of any tests made to ascertain soil conditions and the water table.

(C)

A copy of all proposed trust indentures, deed restrictions, and/or protective covenants, if any.

(D)

A typical street section, showing roadbed construction, curbs, gutters, sidewalks, and the relationship of underground utilities.

(E)

Architectural elevations of all proposed buildings, noting materials to be used in terms of type, location, texture, and color.

(F)

Traffic impact report: A traffic impact report prepared by a certified traffic engineer shall be submitted where deemed necessary by the Planning Commission or the board of aldermen in the following cases:

(1.)

Any development which proposes to take direct access to any collector or arterial street.

(2.)

Any residential development which proposes to have more than 25 dwelling units.

(3.)

Any non-residential use which, according to the Table of Average Trip Generation Rate by Land Use Category, as established by the Institute of Transportation Engineers, will generate in excess of 250 trips per acre per day.

The traffic impact report will analyze the pre- and post-development roadway service levels and intersection service levels for all roads and intersections within one mile of the proposed development. In any instance where the impact of the proposed development indicates a negative reduction in the current level of service, the report shall identify those improvements necessary to maintain the current level of service.

(G)

Certification by the registered land surveyor that the plan bearings and dimensions are correct and accurate.

(H)

Such other information, data, plans, documents, calculations, and so forth as may be deemed necessary by the Planning Commission to adequately review the proposed plans.

The final plat: The information and standards and specifications for design of the required final plat for a planned residential development shall be in accordance with the requirements for preparation of a final plat as contained within the city's subdivision regulations, except as maybe provided herein.

Landscaping and buffer yard areas, identifying all improvements and planting in terms of location, type, and size.

The location of all common open space areas, specifically identifying all proposed improvements and landscaping.

The final version of all deed restrictions, trust indentures, and/or protective covenants, suitable for recording.

For multiple-family developments and all non-residential uses, an application for final plat approval shall also contain:

ii.

iii.

Height, size, location, design, and orientation of all proposed signs.

iv.

Location, height, and type of all exterior lighting.

Location, area, and type of screening for all exterior trash collection and/or recyclables collection areas.

Deed restrictions, trust indentures, and/or protective covenants: The board of aldermen shall not consider any final plat which incorporates private improvements, facilities, or other common elements, which are proposed to be maintained by the owners of property within the proposed development, unless it shall be accompanied by deed restrictions, covenants, or a trust indenture.

In reviewing an application for final plat approval, the Planning Commission and the board of aldermen shall review and approve such deed restrictions, covenants, or trust indenture. The Planning Commission may recommend and the board of aldermen may require, at its own discretion:

The elimination of all or any part of any restriction, covenant or trust provision.

The amendment of all or any part of any restriction, covenant or trust provision.

The addition of any restriction, covenant, or trust provision determined by the board of aldermen to be in the best interest of the public.

All such deed restrictions, covenants, or trust indentures shall provide for the following:

Provisions designating the common facilities, private improvements, or other common elements, and prohibiting the construction of structures other than those incorporated in the approved development plan upon them.

Provisions for the qualifications and for the election of at least three qualified persons to serve as trustees for the administration and enforcement of the deed restrictions or trust provisions; their terms of office; their method of election after the first board of trustees' election; succession or replacement of trustees who die, resign, or refuse to carry out their duties.

Provisions setting out the powers and duties of the trustees under the deed restrictions or trust provisions with respect to the following:

The reasonable minimum amount of money required to be expended yearly in maintenance of the common elements, improvements, or facilities, and the methodology upon which the responsibility for said amount is divided between each individual property-owner within the development.

ii.

That the yearly minimum amount of money required to be expended for maintenance of the common element, improvements, or facilities shall be paid to the trustees for such purposes, and the minimum yearly amount shall constitute a lien upon all real estate.

iii.

For the effective means of collection of the reasonable yearly minimum amount of money designated and required for maintenance of the common elements, improvements, or facilities.

iv.

Establishment of the date of the first annual assessment of all property-owners within the development of the yearly reasonable minimum amount. There shall be no exemptions from such assessment, including property owned by the developer.

Provisions setting out that the amendment or release of any restriction or provisions shall only be accomplished through the execution of a document so stating and suitable for recording, approved by the board of aldermen, upon recommendation by the Planning Commission.

Sec. 6. - R-4 Multiple-family residential district.

The purpose of this district is to provide for two-family dwellings, apartment, and townhouse developments in areas where the highway access, availability of community facilities, and shopping convenience are sufficient to support higher density development. In the R-4 multiple-family residential district, a building or premises shall be used only for the following purposes:

Permitted uses:

Any use permitted in the R-3 single-family district.

Conditional uses:

The conditional uses shall be the same as in the R-1 single-family residential district.

Mobile home parks as regulated in the A agricultural district.

Rooming house.

Two family dwellings, townhouses, multifamily dwellings.

Site development plan:

For any two-family, townhouse, multifamily, or residential condominium development, an overall site development plan and text presenting the information defined in paragraph D below must be submitted for approval by the Planning Commission and governing authority prior to issuance of building permits.

The site development plan is intended to demonstrate to the Planning Commission the character and objectives of the proposed development in adequate detail for the Planning Commission to evaluate the effect the proposed development would have on the community, and determine what provisions, if any, should be included as part of the plan and be binding on the use and development of the subject property.

The filing of a site development plan shall constitute an agreement by the owner and applicant, their heirs, successors, and assigns that if the development plan is approved by the governing authority, building permits for improvement of such property shall be issued only when in conformance with the binding elements of the site development plan as approved by the Planning Commission and the governing authority for said property in question. Such plan shall be strictly complied with and be enforceable in the same manner as the zoning district regulations.

Site development plan elements:

Existing topography, with a contour interval not greater than five feet unless specifically waived by the Planning Commission.

Vicinity map with measurements to existing streets.

Boundary description, including area and bearings and dimensions of all property lines.

Lot size and location, height, floor area, number of dwelling units, and arrangement of proposed and existing buildings.

Proposed use of the structures on the subject property.

Existing tree masses, streams, floodplains, and other natural forces.

Provisions for general landscaping, screening, buffering, recreational, and open space areas. Reference should be made to plates A, B, C [in the appendix to this appendix] for screening between multifamily developments and adjacent uses.

Proposed means of dedication of common open space areas and organizational arrangements for the ownership, maintenance and preservation of common open space.

The location, arrangement, and dimensions of:

Existing and proposed streets and driveways.

Adjacent streets.

Sidewalks.

Parking areas, including the number of off-street parking spaces.

Points of ingress and egress.

Off-street loading areas.

Other vehicular, bicycle, or pedestrian right-of-ways.

10.

Provisions for handling surface water drainage and other utilities information such as proposals for water and sewer service, fire hydrants, street lighting, gas, electricity, telephone service, and similar information including location and dimensions.

11.

Proposed stages of development, if applicable, and the anticipated time required to develop each stage.

12.

The developer shall also submit sketches of the plan for the entire development, including perspective drawings as necessary, showing the relationship of uses, streets, driveways, parking areas, buildings, open space, the general character of the proposed development and any other necessary plans to ensure that their construction shall conform to Olive Branch Building Regulations.

13.

Relation to the City Comprehensive Plan, land uses in the surrounding area and to the site development plan.

Site development plan, minimum standards:

Area requirements: The minimum required lot area shall be 9,000 square feet for the first dwelling unit, 12,000 square feet for the second dwelling unit and the third dwelling unit, and 2,800 square feet for each additional dwelling unit over three. This equates to a maximum density of 8 dwelling units for a single acre project and 15 dwelling units per acre for multiple acre projects.

Height and yard requirements: Front, side, and rear yard requirements, as well as height requirements, are listed on the chart of regulations [in the appendix to this appendix].

Off-street parking: A minimum of two off-street hard surfaced parking spaces per dwelling unit shall be required.

Street widths and improvements must conform to the requirements established by the governing authority.

A minimum total area of ten percent of the gross residential area shall be set aside as parks and playgrounds. Of this ten percent a maximum of one-half may be covered with water. A maximum of five percent of the area designated to be parks and playgrounds may be covered with structures to be used in the recreational use of the area. Parks and playgrounds must be suitably improved for their intended use but parks and playgrounds containing natural features clearly worthy of preservation may be left unimproved.

Drainage provisions: A means of on-site drainage shall be provided to control stormwater runoff so that surface waters will be properly disposed of without adversely affecting neighboring properties through erosion, flooding and other drainage problems. Drainage provisions shall be made to the satisfaction and requirements of the City Engineer and the governing authority.

All required improvements are to be installed and maintained by the developer unless other arrangements approved by the governing authority are made.

The governing authority may require other special improvements if they are deemed reasonable and essential.

Site development plan; scope of Planning Commission review: The Planning Commission shall consider, but not be limited to, the following factors in review of the site development plan:

The conservation of natural resources on the property proposed for development, including trees and other living vegetation, steep slopes, watercourses, floodplains, soils, air quality, scenic views and historic sites.

The provision of safe and efficient vehicular and pedestrian transportation both within the development and the community.

The provision of sufficient open space to meet the needs of the proposed development.

The provision of adequate drainage facilities on the subject site in order to prevent drainage problems from occurring on the subject site or within the community.

The compatibility of the overall site design (location of buildings, parking lots, screening, general landscaping) and the land use within the existing area and projected future development of the area.

The existence and/or provision of adequate community facilities to serve the proposed development (i.e., water, sewerage, schools, streets, etc.).

Conformance of the site development plan with the comprehensive plan and any other applicable requirements of the zoning ordinance.

Sec. 7. - O Office district.

The purpose of this district is to permit offices including administrative, executive, professional, and research uses, and limited commercial uses in areas when the premises adjoins an existing business, planned business or industrial district. Such uses shall be established only when they would act as a buffer between residential and nonresidential uses located along highways, major roads and/or when such uses would abut a nonresidential use. In the O office district, a building or premises shall be used only for the following purposes:

Permitted uses:

Banks, other financial services.

Barbershop or beauty shop.

Daycare center Nursery School, with Two (2) parking spaces, plus one (1) parking space per employee, plus a paved, unobstructed off-street pick-up area with five (5) stacking spaces in addition to the standard driveway and parking requirements.

Doctor, dental offices, and other health-related services such as walk-in clinics, chiropractic, and professional massage therapy.

Offices.

Public service facilities.

Cannabis dispensary, cannabis research facility, or cannabis testing facility.

Churches.

Clinic.

Radio or TV studio.

Retail shops, sales and services such as bookstore, florist shop, photographer's studio and others with a maximum floor area not to exceed 2,500 square feet of floor area.

Small scale research laboratories not to exceed 2,500 square feet of floor area.

Tanning beds as an accessory use to any retail service business.

Minimum area, yard, and height requirements. Minimum area, yard, and height requirements which govern any use in this district are listed on the chart of regulations [in the appendix to this appendix] unless otherwise regulated in this article.

(Ord. of 6-21-22(1), § 2)

Sec. 8. - C-1 Neighborhood commercial district.

The purpose of this district is to provide for retail shopping for everyday needs and personal services to serve the surrounding residential area. The height of buildings and open spaces surrounding the district should not adversely affect nearby residences. Generally the districts are located at the intersections of major streets within residential areas. In the C-1 neighborhood commercial district, a building shall be limited to an area up to 10,000 square feet and the premises shall be used only for the following purposes:

Permitted uses:

Accessory dwelling unit.

Art or photo studio.

Bakery, retail.

Barbershop or beauty shop.

Cleaning pickup station.

Day care center.

Doctor or dentist office, and other health-related services such as walk-in clinics, chiropractic, and professional massage therapy.

Drugstore.

Financial services, banks, savings and loan associations.

10.

Flower or plant store.

11.

Grocery store.

11.1

Health club/gymnasium, health spa, weight loss control center and reducing salon.

12.

Indoor recreation center, arcade with video, pinball machines but excluding theaters, bowling alleys, skating rinks.

13.

Music or dancing academy.

14.

Nursery school.

15.

Offices.

15.1.

Permanent cosmetics.

16.

Photo finishing pick-up station.

17.

Post office or postal facility.

18.

Public service facilities.

19.

Print shops.

20.

21.

Repair and service shops for repair and servicing of bicycles, electrical, radio, television appliances, keys and similar articles.

22.

Restaurant and carryout restaurant.

23.

Retail shops, other.

24.

Self-service laundry and dry cleaning facilities.

25.

Veterinary clinic where there are no open kennels.

26.

Accessory uses as provided in Article VII.

27.

Cannabis dispensary, cannabis research facility, or cannabis testing facility.

Churches.

Clinic.

Civic, social, fraternal organization.

Schools, public or private.

Car wash.

Convenience store with fuel pumps subject to the special regulations in Article V, Section 16.

Tanning beds as an accessory use to any retail or service business.

Theaters but not drive-in theaters.

Temporary use of prefabricated buildings or mobile homes for any permitted or conditional uses listed above other than accessory buildings.

10.

Radio and television towers or antennas or earth stations exceeding 35 feet in height, or in those instances where the subject property directly adjoins a residential district and where more than one (1) antenna or tower structure is proposed. The setback for such a tower, antenna, or earth station, shall be one (1) lineal foot from all adjacent property lines for every lineal foot of tower, antenna, or earth station height, plus one (1) additional foot. The number of antennas or tower structures on an individual property shall be limited to no more than one (1) such structure.

Off-street parking and loading. Off-street parking and loading shall be as prescribed in Article XI.

(Ord. of 6-21-22(1), § 2; Ord. No. 11-15-22(1), § 2; Ord. of 12-17-24(1))

Sec. 9. - C-2 Highway commercial district.

The purpose of this district is to provide for retail and service outlets serving not only nearby residential areas, but distant areas as well and especially the needs of through highway traffic. The districts are primarily located along heavily traveled, state and federal highways. In the C-2 highway commercial district, a building or premises shall be used only for the following purposes:

Permitted uses:

Any use permitted in the C-1 neighborhood commercial district.

Aluminum can processing and recycling center.

Animal and veterinary clinics with no open kennels.

Bus terminal or service facility.

Cleaning establishment.

Contractor's storage, indoor.

[Reserved.]

Crop, soil preparation, agricultural services.

Department or discount store.

10.

Farm implement and heavy equipment sales and repair establishments.

11.

Farm or feed stores including accessory storage of liquid or solid fertilizers.

12.

Flea markets, indoor.

13.

Greenhouse or nursery.

13.1.

Health club/gymnasium, health spa, weight loss control center and reducing salon.

14.

Hotel, motel or motor lodge.

15.

Indoor shooting gallery.

16.

Lawn, tree or garden service.

17.

Lumberyard.

18.

Mobile home sales, service repair and storage facilities including camping trailers, tents and touring vans but not including a mobile home park or trailer park and not allowing storage of damaged mobile homes.

19.

Motor vehicle sales, service and repair any minor storage of equipment or materials or damaged vehicles where storage is secondary and incidental to the primary use as sales, services or repairs is permitted but shall not to exceed five (5) salvaged motor vehicles on the property at one time and shall be completely concealed from the surrounding properties.

Minor services and repairs shall include, but shall not be limited to:

Auto renting.

Drive-thru oil/lube.

Muffler shops.

Glass/windshield repair.

Sound and security system installation.

Tire sales, alignment and installation.

New auto part sales and new auto accessory sales.

Car wash and detailing shops.

Other related sales, minor services or repairs.

20.

Mortuary or funeral home.

21.

Parking, automobile parking lot or garage.

21.1.

Permanent cosmetics.

22.

Photo finishing.

23.

Plumbing shop.

24.

Print shop.

25.

Processing and manufacturing incidental to a retail establishment but which create no noticeable obnoxious effects to surrounding property owners or tenants.

26.

Public service facility.

27.

Public garage.

28.

Radio or TV studio.

29.

30.

Recreation center; arcade with video, pinball games.

31.

Restaurant, drive-in or otherwise.

32.

Retail, truck route center.

33.

Filling station.

34.

Schools, public and private.

34.1.

Tanning salons.

35.

Telephone service or switching center.

36.

Used car, trailer, boat sales; recreation vehicle, camper sales and storage lots.

37.

Vehicle wash.

38.

Wholesale merchandising and storage warehouses not exceeding 8,000 square feet in floor area and not employing more than ten persons on the premises at any one time.

Conditional uses: The following uses may be allowed under a Conditional Use Permit, if approved by the board of adjustment in accordance with the procedures and under the conditions set forth in Article X, provided such conditional uses shall comply with the height and area regulations and with the parking regulations for similar uses set out elsewhere in this ordinance:

[Reserved.]

Amusements, commercial outdoor.

2.1.

Auditorium/conference center, including sports and entertainment events, community functions, civic and religious events, and nonprofit events.

Campground, travel trailer parks.

Church.

4.1.

Civic, social, fraternal organization.

4.5.

Clinic.

4.6.

Collection, storage, and transport of used oil products.

Contractor's yard or storage, outdoor.

5.1.

Convenience store with fuel pumps subject to the special regulations in Article V, Section 16.

Drive-in theaters.

Hospital.

Flea markets (outdoor).

Laboratories.

10.

[Reserved.]

11.

Lounges, bars, taverns, and similar establishments.

12.

Machine shop.

13.

Miniwarehouses under the following conditions:

The site must contain a minimum of two acres, but no more than five acres.

The minimum distance between buildings shall be 25 feet.

One parking space for each 50 compartments must be provided.

All driveways, parking, loading and vehicle circulation areas shall be paved.

A minimum six-foot high fence shall be erected, the composition of which shall be approved by the board of adjustment. A portion of the 50-foot front yard setback requirement for fences may be waived at the discretion of the board of adjustment.

Only one sign, meeting the requirements of Article VIII, is allowed.

Only dead storage will be allowed; no transfer and storage business will be allowed.

No explosives, radioactive, or other hazardous material will be stored on the premises.

Other conditions deemed necessary and appropriate by the board of adjustment to uphold the intent of the comprehensive plan may be attached to any approval, including but not limited to lighting, screening, landscaping, architectural design, and live-in managers. Along with the conditional use application the applicants must submit to the board of adjustment staff a development plan showing the proposed buildings in relation to the property, ingress and egress, and architectural drawings of the buildings.

14.

Printing and publishing establishments.

15.

15.1.

Tanning beds as an accessory use to any retail or service business.

16.

Temporary use of prefabricated buildings or mobile homes for any permitted or conditional uses listed above other than accessory buildings.

17.

Motor vehicle repair services that operate principally as automotive repair shops, body shops with and without painting booths, full service auto repairs including major automotive diagnostic and rebuilding services exceeding five vehicles to be stored on the property at one time for periods in excess of five days provided all vehicles are completely concealed from all surrounding property. Such services shall include but shall not be limited to:

Comprehensive auto repair.

Engine installation.

Body shops.

Transmission automotive repairs.

Old, salvaged, and rebuilt auto part sales.

Other related major automotive services.

18.

Pawn shop.

19.

Truck Stop subject to the special regulations in Article V, Section 16.

(Ord. No. 11-15-22(1), § 2; Ord. of 12-17-24(1))

Sec. 10. - C-3 General commercial district.

The purpose of this district is to protect and improve older business districts in established communities and to encourage the development of new shopping areas serving wide areas and offering a wide range of goods and services. This district is to serve as the major shopping, retail center of the community. More uses and taller structures are permitted than in the other business districts; no setbacks are required except where they adjoin residential districts. In the C-3 general commercial district, a building or premises shall be used only for the following purposes:

Permitted uses:

Any use permitted in the C-1 neighborhood commercial district without restrictions on floor area including all listed conditional uses of the C-1 neighborhood commercial districts with the exception of Convenience Store with fuel pumps.

Aluminum can collection center with no processing or outside storage.

Animal and veterinary services with no open kennels.

Bed and breakfast establishment under the following conditions:

Only short-term lodging shall be permitted; no monthly rentals.

There shall be no individual cooking facilities in the guest rooms.

The establishment may be rented for receptions, parties, weddings, or similar activities.

Meals shall include but not be limited to, breakfast for overnight guests, except for special events, as stated hereinabove.

Bus terminal.

Cleaning establishment.

Contractor's storage, indoor

Crop, soil preparation, agricultural services.

Department or discount store.

10.

Greenhouse or nursery.

11.

Hotels, motel or motor lodge.

12.

Indoor recreation centers including bowling alleys, skating rinks.

13.

Laboratories, research, experimental or testing.

14.

Lawn, tree or garden service.

15.

New car dealerships.

16.

Mortuary, funeral home.

17.

Offices and office buildings.

18.

Parking, automobile parking lot or garages.

19.

Permanent cosmetics.

20.

Photo finishing.

21.

Plumbing shop.

22.

Print shop.

23.

Printing and publishing establishments.

24.

Processing and manufacturing incidental to a retail establishment.

25.

Radio or TV station.

26.

27.

Recreation center arcade with video, pinball games.

28.

[Reserved.]

29.

Schools, public or private.

30.

Telephone service or switching center.

31.

Accessory buildings or uses as provided in Article VII.

Clinic.

1.2

Convenience store with fuel pumps subject to the special regulations in Article V, Section 16.

1.5.

Hospital.

Lounges, bars, taverns, liquor stores, and similar establishments.

Temporary use of prefabricated buildings or mobile homes for any permitted or conditional uses listed above other than accessory buildings.

Outdoor recreational uses.

Tanning beds as an accessory use to any retail or service business.

Civic, social, fraternal organization.

Minimum area, yard, and height requirements which govern any use in this district are listed on the chart of regulations [in the appendix to this appendix] unless otherwise regulated in this article.

(Ord. No. 11-15-22(1), § 2; Ord. of 12-17-24(1))

Sec. 11. - C-4 Planned commercial district.

Purpose: The purpose of the planned commercial district is to provide a mechanism for achieving a greater flexibility in the development of land for commercial purposes, not otherwise possible in conventional commercial zoning districts.

Intent: It is the intent of this section to provide for modern, attractive, and efficient retail shopping facilities. Such planned commercial developments may be designed, developed, and operated to serve areas ranging from a neighborhood to an entire urban area, and as such may be located in any area designated for commercial development by the comprehensive plan.

Creation: A parcel of land may be zoned to the C-4, planned commercial district upon an application for change of zoning district designation, amending the zoning map of the City of Olive Branch. The board of aldermen, upon recommendation by the Planning Commission, may authorize a planned commercial district when the proposed development or use of a specific tract of land warrants a greater flexibility and control than is afforded under the general regulations applicable to the property. A planned commercial district shall be established only following a public hearing, as specified in the amendatory procedures of Article XV.

Preliminary development plan required: When zoning is granted, the submission of a project text and preliminary development plan conforming to the requirements of this section shall be submitted for review and approval prior to any development of the property, the approval of which shall govern the development of the land and all subsequent final plans thereof.

Uses of land: Within a planned commercial district, there are no "permitted uses" or "conditional uses" in the conventional sense. The use of land is considered an integral element of the proposed preliminary development plan. As such, approval of the preliminary development plan carries with it approval of the various uses encompassed by the plan, and as located upon it. Based upon this relationship, the Planning Commission may recommend, and the board of aldermen may require revisions to the proposed development plan as it relates to:

The uses proposed.

The spatial location of proposed uses upon the plan.

The area devoted to each proposed use upon the plan.

Or the elimination of any use(s) proposed under the plan.

The uses of land which may be proposed within a preliminary development plan, are those uses listed as permitted or conditional uses within the O, C-1, C-2, and C-3 districts, subject to the following:

The use of Convenience stores with fuel pumps may only be permitted where: shall be subject to the special regulations in Article V, Section 16.

Baseline standards: It is intended that the planned commercial district designation provide a means of achieving a greater flexibility in the development of land in a manner not otherwise possible in conventional zoning districts. Therefore, it is equally anticipated that each planned commercial development will incorporate modifications varying to one extent or another from the normal requirements of conventional zoning districts. As a result, baseline standards must be established for the purpose of identifying and evaluating such modifications as may be proposed. The baseline standards applicable within each planned commercial development shall be as follows:

Area regulations and performance standards: Those area regulations and performance standards applicable to the C-2, highway commercial district, with the following exceptions:

On a lot abutting a residential district, a minimum building setback line of 50 feet shall be required along all property lines adjacent to that residential district.

Buildings may be erected to ten stories or 120 feet provided that any building that exceeds 35 feet in height shall be setback from all required setback lines one foot for each foot the building exceeds 35 feet in height.

Parking: In order to provide for modern shopping and office centers of integrated design, off-street parking and loading requirements will be in accordance with Article XI, required off-street parking and loading, with the following exceptions:

Multi-tenant centers: For multi-tenant centers, off-street parking shall be provided on the basis of one parking space for every 200 square feet of gross floor area.

Shared parking: Off-street parking facilities may be shared between two or more adjacent properties subject to:

The recording of appropriate shared parking agreements between the property-owners securing the shared parking arrangement in perpetuity.

ii.

Submission of a copy of the recorded agreement to the planning and building department for inclusion in the planned development file, reflecting the chancery clerk's stamp as to book and page.

iii.

Approval of the shared parking agreement by the Planning Commission and the board of aldermen as an element of the planned development's original project text, or as an amendment to that project text.

Following approval of a shared parking arrangement between adjacent properties, application of the standard parking requirements shall be applied to the total parking area encompassed by the shared parking agreement.

Subdivision regulations/design review ordinance: Unless otherwise provided for in this section or approved by the board of aldermen, the subdivision regulations and the design review ordinance shall apply to all developments in the planned commercial district.

Signs: Signage requirements within planned commercial districts shall conform to the requirements of Appendix B of the design review ordinance, Recommended Sign Guidelines.

Buffering and screening: Buffering and screening shall conform to the requirements of the design review ordinance.

Open storage: No open storage will be permitted within planned commercial districts.

Modifications:

Generally: The approval of a project text and preliminary development plan may provide for such modifications from the baseline standards as the board of aldermen may find necessary or desirable to achieve the objectives of the proposed planned development, provided:

Such modifications are consistent with the standards and criteria contained in this section;

Have been specifically requested; and,

That no modification of the baseline regulations and standards would be allowed when such proposed modification would result in any of the following:

Inadequate or unsafe access to the proposed planned development.

ii.

Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity.

iii.

An undue burden would be placed on public parks, recreation areas, diminish the quantity or quality of fire and police protection, public utilities, or other public facilities which serve or are proposed to serve the planned development.

iv.

A development which will be incompatible with the purposes of this section or the city's adopted comprehensive plan.

Will create a nuisance in terms of diminished air quality, smoke, noise, toxic matter, odor, vibration, glare or light intrusion, wind-blown litter, sanitary sewer waste, water quality, heat, or other condition detrimental to the public health, safety, or welfare.

vi.

Detrimental impact on the reasonable use, enjoyment, and/or value of adjacent properties and/or the surrounding neighborhood.

Burden of proof: The burden of proof that the criteria required to secure approval of modifications to the baseline regulations and standards have been met shall rest with the applicant.

Limitation on modifications: Modifications proposed by the project text or the preliminary development plan, are limited to those areas specified by this section. Modifications shall not include those City standards and specifications pertaining to the design and construction of public improvements, or such privately maintained improvements that are required to meet public standards and specifications for construction and design.

Minimum required open space: A minimum total area of 20 percent of the gross area of the site in the district must be established as open space and landscaping, which may include required setback yards and landscaped parking area islands. Floodways and drainage areas may be counted as open space with the approval of the City. Where a preliminary development plan provides for commonly held open space, the protective covenants or trust indentures must include a provision for the control and maintenance of that open space.

Procedures for planned commercial district approval:

Pre-application conference: Prior to filing any application for a planned commercial district approval, the prospective applicant shall request a pre-application conference with the City staff. Such request shall include a general description of the nature, location, and extent of the proposed planned development, a sketch plan conforming to the requirements of section 11(J)(3), and a list of any professional consultants advising the applicant in respect to the proposed planned development. The purpose of the pre-application conference is to provide the applicant with the opportunity to consult early and informally with the City staff before preparation of the required preliminary development plan, and submission of the formal application to the Planning Commission. The intent of this procedure is to assist the applicant in preparing a plan which will:

Meet the objectives of the Planning Commission and of this section,

Identify uses proposed for the planned commercial development, as well as the improvements required by those uses, and

Identify any potential problems that may be involved in the proposed concept for the planned commercial development.

Meeting with adjacent property-owners: Past experience has shown that support for a proposed planned development can be most successfully generated when the design of that planned development incorporates elements addressing the concerns of those adjacent property-owners who stand to be impacted the most. Following the pre-application conference with the City staff, but prior to the submission of the application to the Planning Commission, the applicant shall arrange for a meeting to be held with all adjacent property-owners. The purpose of the meeting will be to review all aspects of the planned development with the adjacent property-owners and receive their comments and concerns. The applicant may then make such revisions to the proposed plan as he/she deems prudent. For the purposes of this section, an "adjacent property-owner" shall be considered any property-owner within the notification radius required by the ordinance for rezoning purposes. The applicant shall submit to the planning and building department evidence that the meeting was held and a list of those individuals in attendance.

The approval process:

Generally: Establishment of a planned commercial district consists of two major elements: the zoning amendment, the approval of which designates a property a planned commercial district, and a preliminary development plan with its associated project text, the approval of which binds the actual development of the property. The approval of a planned commercial district may take either of the following forms:

The submission and approval of a zoning amendment with the subsequent submission and approval of the preliminary development plan and project text, or

ii.

The concurrent submission and approval of both the zoning amendment, preliminary development plan, and project text.

The zoning amendment:

The application: All applications for a planned commercial development zoning amendment shall be made in writing by the owner of the property, or the owner's duly authorized agent, upon forms provided by the Olive Branch Planning and building department. The application shall contain the following information:

(A.)

The completed application form and the payment of all fees.

(B.)

A metes and bounds legal description(s) of the parcel(s) for which the approval is sought.

(C.)

A survey of the parcel(s) for which the approval is sought, prepared by a land surveyor licensed to do business within the State of Mississippi.

(D.)

Such other information required of the applicant as may be deemed necessary by the Planning Commission to further clarify the various elements and/or impacts of the proposed planned commercial development, provided at the applicant's expense.

ii.

Procedure: A request for a planned commercial district zoning amendment may be approved by the board of aldermen following a recommendation by the Planning Commission, in conformance with the requirements of Article XIV of this ordinance, Amendments.

iii.

Board discretion: In approving a request for a rezoning to the planned commercial district designation, it shall be at the discretion of the board of aldermen, in the light of the recommendations of the Planning Commission and the comprehensive plan, to:

(A.)

Approve all, or only a portion of the area requested for the zoning change.

(B.)

To grant the requested zoning classification or require a more restrictive one.

The preliminary development plan and project text: The project text shall be considered an integral part of the preliminary development plan. Approval of the preliminary development plan shall be considered concurrent approval of the project text.

The application: All applications for preliminary development plan and project text approval shall be made in writing by the owner of the property, or the owner's duly authorized agent, upon forms provided by the Olive Branch Planning and building department. The application shall contain the following information:

(A.)

The completed application form and the payment of all fees.

(B.)

A project text conforming to the requirements of section 11(J)(2).

(C.)

A preliminary development plan conforming to the requirements of section 11(J)(4).

(D.)

Such other information required of the applicant as may be deemed necessary by the Planning Commission to further clarify the various elements and/or impacts of the proposed planned commercial development, provided at the applicant's expense.

ii.

Staff review: The application, preliminary development plan, project text, and all other required materials, shall be submitted to the planning and building department, no later than the dead line date established for the Planning Commission meeting at which the application will be heard. The administrative official shall initiate an administrative review of the request by the affected City departments, the results of which shall be reported to the Planning Commission for its consideration.

iii.

Planning Commission action: Upon receiving the application, staff report, and associated documents from the City staff, the Planning Commission shall hold a public hearing. The commission shall consider the potential impacts of the proposed plan upon:

(A.)

The character of the community in light of the quality of construction proposed and the architectural compatibility of the proposed development with surrounding development.

(B.)

Traffic conditions

(C.)

Public utility facilities

(D.)

Such other matters pertaining to the public health, safety, and welfare of the City.

iv.

(A.)

The potential impacts of the proposed plan upon the character of the community in light of the quality of construction and the architectural compatibility of the proposed development with surrounding development.

(B.)

Traffic conditions.

(C.)

Public utility facilities.

(D.)

Such other matters pertaining to the public health, safety, and welfare of the City, as well as the recommendation of the Planning Commission.

The board shall then approve, approve subject to specified conditions, or deny the same, and a report of its action shall be returned to the applicant. A simple majority vote of the board of aldermen shall be required for final action to be taken, except as required by state law.

Preliminary development plan and project text submitted concurrently with zoning amendment, effect: If the applicant elects to submit a preliminary development plan and project text, acceptable under the requirements of this section, concurrently with an application for zoning amendment, the preliminary development plan and project text shall be considered an integral part of the zoning amendment and approval of the zoning amendment shall be considered concurrent approval of the preliminary development plan and project text, subject to such modifications as may be required by the board of aldermen.

vi.

Approval of the preliminary development plan required prior to development: No development or redevelopment of the property encompassed within a proposed planned commercial district designation shall take place until a preliminary development plan and project text, acceptable under the requirements of this section, have been reviewed and approved by the board of aldermen as provided herein.

vii.

viii.

Period of validity: Approval of the preliminary development plan by the board of aldermen shall expire, and be of no effect within one year after the date of the approval of the preliminary development plan by the board, unless a final plat, has been recorded within that time for at least the first phase of the project.

ix.

Effect of expiration: At such time as the period of validity of a preliminary development plan lapses:

(A.)

(B.)

xi.

xii.

Relationship between approval of the preliminary development plan and subdivision approval: In those instances where commercial developers are installing public infrastructure concurrent with building development that conforms to the project text and subdivision is not an integral part of the proposed planned development, approval of the preliminary development plan shall constitute the same action as approval of a preliminary plat for subdivision approval purposes. No preliminary plat as specified in the city's subdivision regulations shall be required under these circumstances.

The final plat: following the initial rezoning procedure, the proposed development shall follow all applicable procedures and requirements governing the subdivision of land. No building permit shall be issued until a final plat of the proposed development, or portion thereof when developed in phases, has been filed, approved, and recorded.

Specifications for plans and documents:

Generally: An orderly and effective planned commercial development involves an approval process based upon accurate, detailed and complete information submitted by the applicant in a form suitable for satisfactory planning evaluation. This section specifies precisely that information which must be supplied by the applicant graphically and in writing. It describes the data and documents and the degree of detailed information they must contain and the form in which they must all be submitted. Standardization and uniformity of information are necessary in order to eliminate uncertainty for the applicant and to facilitate speedy and equitable administration of these regulations.

Project text: A project text shall be prepared by the applicant as an element of the planned commercial district designation. The project text shall contain the following information:

Name:

Name of the subdivision if property is within an existing subdivision.

ii.

Proposed name of the planned development.

Ownership:

ii.

Citation of any existing legal right-of-ways or easements affecting the property.

iii.

Existing and proposed covenants affecting the property.

iv.

The current zoning designation of the property.

Name, address, telephone number, and fax number, if applicable, of the professional engineers, land surveyors, or other design professionals retained for service on the project.

Description: The written metes-and-bounds legal description, including the location of the subject property by lot, section, township, range, and county.

Project data:

A brief narrative reviewing the nature of surrounding development. A discussion of the nature of the proposed development, including the nature of the financial backing for the project and ownership arrangements. A discussion of the development approach for the proposed development, i.e., as a single, unified shopping center under single-ownership, a division of the property into lots for individual sale, or a combination of both. A discussion of how the proposed development will fit into the existing development pattern.

ii.

Allocation of the site area by building coverage; parking, loading areas, and driveways; open space areas, including total open space, recreational areas, landscaped areas, and others.

iii.

The list of permitted uses proposed for the planned development. Allocation of the site by land use type for the entire project.

iv.

Proposed area and bulk regulations and performance standards for each element of the project. A list specifying all proposed modifications from the baseline standards discussed in section 11(G), along with the applicant's justification for those modifications as discussed in section 11(G).

A narrative discussion specifying proposed road improvements, access, and overall circulation within the project. A narrative discussion specifying proposed landscaping improvements, screening, and the development of common open space areas. A narrative discussion specifying proposed utility improvements and extensions, the provision of public facilities, and provisions for the control of storm water drainage. Each narrative shall include applicable typical cross-sectional drawings. As an appendix to the project text, letters shall be provided from the applicable utility providers addressing their ability to serve the proposed project.

vi.

(A.)

The approximate date when construction of the project can be expected to begin.

(B.)

The minimum area and the approximate allocation of common open space and public improvements that will be required for each phase.

(C.)

The order in which the phases of the project will be built.

A narrative discussion concerning the overall architectural concept sought to be achieved by the planned development, including the floor area of the proposed uses, landscaping, architectural requirements, i.e., style, building materials, colors, window and door treatments; specialized street furniture such as specialty mailboxes, lamp posts, street signs, trash receptacles; driveway and sidewalk finishes, uniform signage program, development focal points, etc. The narrative shall discuss the compatibility of the proposed architectural concept with adjacent and surrounding development.

Sketch plan: The applicant shall prepare a sketch plan as an element of the pre-application conference held prior to the formal application for a planned commercial district zoning designation. This plan may be drawn as an informal sketch, and does not require precise dimensions or any special sheet size. The sketch plat is intended to be used to show the location, proposed street and lot layout, and other significant features of the proposed planned development. The sketch plan shall contain the following information:

Features:

Location of property lines, watercourses, and existing wooded areas; location, width, and name of all existing or platted streets or other public ways within or immediately adjacent to the tract.

ii.

iii.

Approximate topography.

iv.

The approximate location, dimensions, and area of all parcels of land proposed to be either dedicated for public use or for the common use of the property-owners within the proposed subdivision.

vi.

A vicinity map reflecting the streets and other general development of the surrounding area.

vii.

The location of temporary stakes to enable local officials to find and appraise features of the sketch plan in the field.

viii.

The current zoning designation of the subject tract and all adjacent properties.

ix.

An aerial photograph with the out-boundary of the proposed planned development identified.

Generally:

Covenants/trust indentures: The developer must prepare and file protective covenants that regulate development on the site and provide for the continuous maintenance of any common elements within the planned commercial development that are proposed to be maintained by the owners of property within the development. In all cases, the management entity of the development must have the authority to enforce the covenants and restrictions on all tenants and/or property-owners, and all future tenants and/or property-owners. The covenants and restrictions must also provide for the maintenance of lots not yet purchased or occupied, and any other non-developable areas within the planned commercial district, in perpetuity.

ii.

Design concept: The preliminary development plan shall reflect the overall unity of the site design for the planned commercial development.

(A.)

Architectural harmony of buildings and structures

(B.)

Design integration of the open space system, storm drainage system and layout of lots with the over design unity of the planned commercial district.

(C.)

Where the planned commercial district adjoins residentially zoned land, commercial and office structures shall be compatible with the character of single-family residences. Compatibility shall be determined by comparing the consistency of the design elements: height, colors, materials, and landscaping with the existing design materials of the adjoining residential structures.

(D.)

Stage set facades are prohibited. The continuity of design goes beyond the primary elevation of the building. The materials and colors of the street face shall continue on the sides and rear of the building.

(E.)

The maximum unbroken facade plane shall be 60 feet for commercial and office uses. The wall of any such building shall be interrupted through the use of projections or recesses, portals, courtyards, plazas, or other appropriate architectural convention.

(F.)

Commercial complexes, office complexes, and shopping centers shall be provided with focal points for the development, such as plazas, courtyards, statuary, specialized landscape areas, and the like.

iii.

Vehicular movement:

(A.)

The street design in any planned commercial district shall include a clearly defined hierarchical system.

(B.)

Streets shall not be laid out to encourage outside traffic to traverse the development or create unnecessary fragmentation of the development into small tracts.

(C.)

Local streets shall not be connected to the development in such a way as to encourage their use by through traffic.

(D.)

Streets, drives, parking and service areas must provide a safe and convenient access to units and project facilities.

(E.)

To maintain a sense of natural surroundings and a consistent streetscape, parking and service areas shall be screened from public view or surrounded by landscape buffers.

(F.)

Parking areas shall be organized as a series of small parking bays with planted islands separating them.

(G.)

Properties shall have clearly defined entrances and exits. Entrances and exits shall be so located such that parking spaces and traffic aisles do not conflict with entering and exiting traffic.

(H.)

Loading areas shall not be visible from any adjoining street.

iv.

Pedestrian movement:

(A.)

Within commercial or office complexes, buildings shall be clustered to create plazas or pedestrian mall areas. Where the clustering of buildings cannot be achieved due to the size and shape of the property, building pads shall be linked together with pedestrian walkways that are defined by separate paving textures and accented by landscaping.

(B.)

A five-foot sidewalk shall be constructed along the entire street frontage of the property. Where a development borders more than one street, sidewalks will be constructed along the entire frontage of all streets that border the development.

(C.)

Handicapped access ramps shall be provided for both sidewalks adjacent to public streets as well as sidewalks provided internally within the development.

(D.)

Crosswalks shall be provided both internally and externally to the development as identified by the City Engineer.

Buffering and screening:

(A.)

Fences, walls, buffer yards, earthen berms, and vegetative screening shall be provided along the borders of planned commercial districts where needed to protect residential and other non-commercial uses.

(B.)

Loading, service, mechanical and refuse collection areas shall located so as not to be exposed to adjacent streets. Screening for such areas shall be integrated into the building design and executed in the same materials as the principal structure, and in the same manner as the front facade.

vi.

Existing vegetation: In cases where a planned commercial district abuts and a residentially zoned area, all existing trees within the required buffer area shall be preserved in order to provide maximum screening between the two districts. These areas will be recorded as "no disturb zones" for the life of the development. The protective covenants shall provide for the maintenance of these trees as a screening feature, and shall provide for the replacement of any trees that may die during the life of the project.

Required information: All preliminary development plans shall contain all of the information described in this section:

Plat data:

(A.)

The date of plan submission and the following names, addresses, telephone numbers, and fax numbers, if applicable:

(1.)

The record owner or owners of the subject property.

(2.)

The party who prepared the plan, including their registration number.

(3.)

The party for whom the plan was prepared, if different from the property-owner.

(4.)

The engineer and/or land surveyor who will design the improvements for and survey the tract, or such part thereof as is proposed to be developed.

(5.)

All adjacent property-owners of record.

(B.)

The name of the proposed development and all proposed streets.

(C.)

Indication of the use of any lot.

(D.)

The approximate true north point, title, and graphic scale.

(E.)

The area of the tract and each subdivided lot expressed in square feet if less than an acre or tenths (0.1) of an acre if larger than an acre.

(F.)

F.E.M.A. flood elevation for the property, and the location of the flood zone boundary(ies).

(G.)

A vicinity map reflecting the streets and other general development of the surrounding area.

(H.)

The current zoning designation of the subject property and of all adjacent properties, and the current owners of those properties.

ii.

Existing conditions:

(A.)

The location and dimensions of all out-boundary lines of the property by calculated distances and bearings, expressed in feet and decimals of a foot.

(B.)

The location of the property with respect to surrounding property and streets, including the names of adjacent property-owners and adjoining developments.

(C.)

(D.)

The location and width of all existing streets, alleys, other public ways, easements, building setback lines, utilities, fire hydrants, and storm water drainage facilities.

(E.)

The location of all existing sidewalks and pedestrian walkways.

(F.)

Identification of the existing land use and zoning of the petitioned site and adjacent properties.

iii.

Proposed conditions:

(A.)

(B.)

The locations and dimensions of all proposed lots.

(C.)

The location, dimensions, and height of all principal and accessory buildings. Their relation to one another and to any existing structures to remain on the site. The distance between all such proposed buildings and to the adjacent property lines. Their proposed finished floor elevations and the proposed building setback lines.

(D.)

The location and dimensions of all property proposed to be set aside for public or private common use, with designation as to the purpose thereof.

(E.)

Blocks shall be numbered consecutively. The blocks in numbered additions to subdivisions bearing the same name shall be numbered consecutively throughout the several additions.

(F.)

All lots in each block shall be numbered in consecutive order. Out-lots shall be lettered in alphabetical order.

(G.)

Total project density for that portion of the project intended for residential development and/or the building floor area, by use, for non-residential development.

(H.)

Note: A separate landscape plan may be required in those instances where the size and complexity of the proposed project indicate the need for additional detail.

(I.)

Height, size, location, design, and orientation of all proposed signs.

(J.)

Location, height, and type of all exterior lighting.

(K.)

Location, area, and type of screening for all exterior trash collection and/or recyclables collection areas.

(L.)

A graphic depiction of the proposed phase boundaries for all projects proposed to be constructed in phases.

iv.

Grading, drainage, and utility plan:

(A.)

The topography of the site at two-foot intervals, at the same scale as the plan. Contour data shall extend 150 feet beyond the boundaries of the proposed development.

(B.)

Contours of the site reflecting the difference in elevation between the pre-developed site and the proposed finished grades.

(C.)

(D.)

Overall layouts for:

Sanitary sewer—Pipe sizes, direction of flow, location of manholes, lift stations, location of laterals for each lot or property, etc.

Storm sewer—Pipe sizes, direction of flow, inlet locations, manhole locations, retention/detention basins, etc.

Water—Pipe sizes, fire hydrant locations, valve locations, service locations for each lot, elevated or underground storage locations and specifications, standpipe locations and specifications, etc.

Natural gas—Pipe sizes, valve locations, individual service locations, etc.

Electrical transformer locations

(E.)

The location, dimensions, and proposed use of all proposed easements.

Supplementary information:

(A.)

Legal description of the tract to be subdivided.

(B.)

(C.)

A copy of all proposed trust indentures, deed restrictions, and/or protective covenants, if any.

(D.)

A typical street section, showing roadbed construction, curbs, gutters, sidewalks, and the relationship of underground utilities.

(E.)

Architectural elevations of all proposed buildings, noting materials to be used in terms of type, location, texture, and color.

(F.)

Traffic impact report: A traffic impact report prepared by a certified traffic engineer shall be submitted in the following cases:

(1.)

Any development which proposes to take direct access to any collector or arterial street.

(2.)

(G.)

Certification by the registered land surveyor that the plan bearings and dimensions are correct and accurate.

(H.)

Such other information, data, plans, documents, calculations, and so forth as may be deemed necessary by the Planning Commission to adequately review the proposed plans.

The final plat: The information and standards and specifications for the required final plat for a planned commercial development shall be in accordance with the requirements for preparation of final plats as contained within the city's subdivision regulations. The following information, standards and specifications are required to be included with subdivision construction plans and/or final site plans as commercial lots are developed.

Landscaping and buffer yard areas, identifying all improvements and planting in terms of location, type, and size.

The location of all common open space areas, specifically identifying all proposed improvements and landscaping.

The final version of all deed restrictions, trust indentures, and/or protective covenants, suitable for recording.

The location, dimensions, and height of all main and accessory buildings. Their relation to one another and to any existing structures to remain on the site. The distance from all such proposed buildings to the adjacent property lines. Their proposed finished floor elevations.

Height, size, location, design, and orientation of all proposed signs.

ii.

Location, height, and type of all exterior lighting.

iii.

Location, area, and type of screening for all exterior trash collection and/or recyclables collection areas.

The elimination of all or any part of any restriction, covenant or trust provision.

The amendment of all or any part of any restriction, covenant or trust provision.

The addition of any restriction, covenant, or trust provision determined by the board of aldermen to be in the best interest of the public.

All such deed restrictions, covenants, or trust indentures shall provide for the following:

Provisions setting out the powers and duties of the trustees under the deed restrictions or trust provisions with respect to the following:

ii.

iii.

For the effective means of collection of the reasonable yearly minimum amount of money designated and required for maintenance of the common elements, improvements, or facilities.

iv.

Timing: For any planned commercial development that incorporates private improvements, facilities, or other common elements, which are proposed to be maintained by the owners of property within the proposed development, the developer shall:

Incorporate the property-owners association prior to recording of the subdivision plat for the development or any phase of the development.

Transfer all improvements, property, and other common elements to the property-owners association concurrently with the recording of the subdivision plat for the development. Where the property is developed in phases, the common elements shall be transferred either with the subdivision plat of the initial phase of the development or with the subdivision plat of the phase within which the respective common element is to be located.

Submit copies of the recorded incorporation papers and property transfer records to the planning and building department for inclusion in planned development file.

(Ord. of 11-15-22; Ord. of 12-17-24(1))

Sec. 11.1. - C-5 Old Towne District.

Purpose: The "Old Towne" District is unique through its development as the original village center of the City of Olive Branch, and is an object of special and substantial public interest due to its richness in tradition, charm, and character, imparting a distinctly quaint aspect to an otherwise new City, as well as serving as a visible reminder of the cultural and historic development of the City. It is deemed essential to the public welfare that these qualities relating to the Old Towne District be preserved and protected from destructive changes in use and the growth pressures evident within the area and throughout the community, which threaten its existence as a unique, cohesive, and definable whole.

It is the intent of these regulations to preserve and enhance the best elements of this traditional village center, and its character, through site design, landscaping, architectural review, regulating changes in land use, and other controls; to protect against the destruction of, or the undesirable encroachment on the district; to encourage uses which will lead to its continuance, conservation, and improvement in a manner appropriate to the preservation of this unique area of the community; to prevent creation of environmental influences adverse to these purposes; and to assure that new structures and uses within the district will be developed in keeping with the overall character of the district which sought to be encouraged and enhanced.

Permitted uses: In the "C-5," Old Towne District, a building or premises shall only be used for the following purposes:

Residential:

Apartments on the second and higher floors of commercial buildings

General offices

Transportation/communication:

Automobile parking lot or garage

Bus stop

Taxi cab office and dispatch

Taxi cab stand

Television and radio studio

Travel arrangement services

Service Transportation

Ticket Services

Retail trade:

Antiques

Apparel and accessories

Arts and crafts

Automotive vehicle parts

Bakery

Bicycles—Sales and rental

Books

Cameras and photographic supplies

Candy, nut, and confectionery

China, glassware, and metalware

Cigars, cigarettes, tobacco products

Consignment merchandise

Custom tailoring

Department or discount store

Direct selling organizations

Draperies, curtains, and upholstery

Dry good and general merchandise

Florists

Floor coverings

Fruit and vegetables

Furniture

Furs and furriers

Gifts, novelties, and souvenirs

Grocery and convenience food store

Household appliances

Ice cream and frozen deserts

Jewelry

Mail order houses

Music supplies

Newspapers and magazines

Optical goods

Paint, glass, and wallpaper

Pharmacy/drug store

Plant nursery/lawn and garden supplies

Radios and televisions

Restaurant, café, or delicatessen, no drive-thru

Shoes

Specialty food shops/bakeries

Sporting goods—sales and rental

Stationery

Finance, insurance, and real estate services:

Bank

Commercial credit institutions

Commodity contracts brokers and dealers services

Credit unions

Holding and investment services

Insurance agents, brokers, and services

Insurance carriers

Real estate agents, brokers, and management services

Real estate operators and lessors

Real estate subdividing and developing services

Savings and loan association

Security brokers, dealers, and flotation services

Security and commodity allied services

Title abstracting services

Personal services:

Apparel repair and alterations

Automobile wash services

Artist's studio

Beauty and barber shops

Catering services

Dry cleaning pick-up station

Hotel or motel

Photographic services

Self-service laundry

Shoe repair and shoe shining services

Business services:

Adjustment and collection services

Advertising services

Business management consulting services

Consumer and mercantile credit reporting services

Detective and protective services

Duplicating, mailing, and stenographic services

Employment services

Janitorial services

Motion picture distribution services

News syndicate services and pick-up station

Photofinishing services

Printing and publishing services

Quick print shop

Research, development, and testing services

Window cleaning services

Repair services:

Bicycle repair

Electrical repair

Household appliance repair

Re-upholstery and furniture repair

Television and radio repair

Watch, clock, and jewelry repair

Professional services:

Accounting, auditing, and bookkeeping services

Chiropractor services

Dental laboratory services

Dental services

Educational and scientific research services and laboratories

Engineering and architectural services

Legal services

Licensed therapeutic massage

Medical clinic

Medical laboratory

Physician's services

Urban planning services

Veterinary clinic with no outside kennels

Construction services:

General contractor services with no outside storage of materials or equipment

Painting, paper hanging, and decorating services

Governmental services:

Postal services

Public service facility

Educational services:

Art and music school

Barber and beauty school

Business and stenographic school

Correspondence school

Dancing school

Day care center or nursery school

Miscellaneous services:

Business associations

Labor unions/labor organizations

Professional membership organizations

Welfare and charitable services

Cultural, entertainment, and recreational:

Art galleries

Historic and monument sites

Indoor recreation center, arcade with video, pinball machines, excluding bowling alley or skating rink

Libraries

Museums

Public parks

Theater

Conditional uses: The following uses may be allowed under a Conditional Use Permit, if approved by the board of adjustment in accordance with the provisions of Article X and under the requirements set forth in the height and area regulations and parking regulations for similar uses set out elsewhere in this ordinance.

Retail trade:

Building materials

Electrical supplies

Hardware

Heating and plumbing equipment

Lounge, bar, tavern, or similar establishment, but not including any outdoor facilities

Lumberyard

Processing or manufacturing incidental to a retail establishment

Repair services:

Motor vehicle repair

Construction services:

Temporary field offices in manufactured buildings for construction purposes only, and which shall be removed upon completion or abandonment of the work

Miscellaneous services:

Churches, temples, mosques, and synagogues

Civic, social, fraternal organization.

Regulations and performance standards:

Development plan approval required: For all applications for building or occupancy permits for the purpose of construction, reconstruction, alteration, rehabilitation, repair, moving or demolition of structures within the Old Towne District as well as for such other forms of development as regulated by this ordinance, an overall development plan and text, containing the information required by this ordinance, must be submitted to the Old Towne Design Review Committee, for approval, prior to the issuance of any permit. In no case shall a building permit or use and occupancy permit be issued prior to the committee's review and approval of these plans.

Intent: The development plan must demonstrate the character and objectives of the proposed project to the Old Towne Design Review Committee in adequate detail for evaluation of the effects the proposed project would have upon the district. The plan must provide sufficient and specific information to aid in the determination of what provisions, if any, should be included as part of the plan, and be binding on the use and development of the subject property. The filing of a development plan for approval constitutes an agreement by the owner and applicant, their successors and assigns, that if the development plan is approved, permits issued for the improvement of the property(ies) shall be in conformance with the approved development plan.

Required data for the proposed development plan: Every development plan submitted to the planning and building department shall be in accordance with the following requirements:

Existing conditions:

(A.)

Scale, date, north arrow, title of the project, and a vicinity map reflecting the location of the proposed project.

(B.)

The boundaries, dimensions, and total gross acreage of the subject property.

(C.)

The relationship of the project to the surrounding road system, including the widths of right-of-way and pavement for all adjacent roads.

(D.)

The location and dimensions of all existing manmade features, such as roads, utilities, and structures on both the petitioned site and adjacent properties, along with an indication as to which features on the petitioned site are to be removed.

(E.)

The location and dimensions of existing easements, watercourses, storm drains, utilities, water and sewer lines, and other important physical features in and adjoining the project.

(F.)

The location and delineation of existing trees eight inches in diameter or larger, as measured three feet above the ground, and information as to which trees will be removed.

ii.

Proposed conditions:

(A.)

The "footprint," location, dimensions, and height of the proposed main and accessory buildings, their relation one to another and to any existing structures to remain on the site. The distance from all proposed buildings and structures to the adjacent property lines.

(B.)

The location of the 100-year flood plain, where applicable, and the existing or proposed finished floor elevations of all structures.

(C.)

The internal circulation pattern for both vehicular and pedestrian traffic, including the location and dimensions of all existing and proposed streets, driveways, traffic aisles, and sidewalks, as well as the location, size, and number of parking spaces within off-street parking areas, as well as the identification and dimensions of service islands, service parking, and loading zones.

(D.)

Total project density for residential projects or building floor area by the use intended for commercial and industrial projects.

(E.)

Percentage of landscaping/open space areas and percentage of impervious surface areas to the total area of the site.

(F.)

Location and dimensions of all landscape areas, common open space areas, and bufferyard areas, including the location, number, type, and size of all landscaping materials, as well as any other proposed amenities.

(G.)

Size, location, materials, and orientation of all signs.

(H.)

Location, height, and type of all exterior lighting.

(I.)

Location, area, and type of screening for all exterior trash collection and/or recyclables collection areas.

(J.)

Architectural elevations:

(1.)

Architectural drawings, drawn to scale showing all elevations of the proposed structures and other improvements as they will appear on completion of construction.

(2.)

If the exterior of an existing structure is to be changed, both the proposed and existing elevations of such structures shall be shown.

(3.)

If an addition to an existing structure is proposed, the elevation of the existing structure shall be shown together with those of the addition.

(4.)

The elevations shall also show all superstructures and equipment above the roof, projections from the wall of the structure, mechanical units, etc.

(5.)

A floor plan for all structures.

(6.)

Exterior materials to be used shall be noted in terms of type, location, texture, and color, with samples of each to be provided with the submitted plans.

(K.)

The location and type of screening for all mechanical units, utility services, and so forth.

(L.)

The names, addresses, telephone numbers, and fax numbers of the developer, the property-owner, and the designer of the plan.

(M.)

Proposals for sanitary sewer, storm sewer, water, natural gas, and electrical services.

(N.)

Identification of additional roadway needs, including improvements necessary to adequately access and service the site. In reviewing such a proposal, the City may, at the applicant's expense, require the preparation of a transportation impact study to identify the traffic impacts and problems which are likely to be generated by the proposal and to identify all improvements required to insure safe ingress and egress from the proposed development, elimination of hazards, and the maintenance of adequate street capacities.

(O.)

The proposed phasing of construction for the project, if applicable, including:

(1.)

The approximate date when construction of each phase of the project is anticipated.

(2.)

The order in which the phases of the project will be built.

(3.)

The minimum area and the approximate location of common open space and public improvements that will be required at each stage.

(P.)

A legal description of the property proposed for the development.

iii.

Drainage plan:

(A.)

Contours of the site with the existing elevations of the site, along with the proposed finished grades, at a maximum of two-foot intervals.

(B.)

The size of the watershed.

(C.)

Calculations of the stormwater run-off and retention/detention needs based upon the rational method.

(D.)

Proposals for the management and retention/ detention of stormwater drainage.

iv.

Additional information: If, upon review, it is determined that additional information is necessary to completely evaluate the proposal, the Old Towne Design Review Committee may, at their discretion, postpone further discussion of the proposed development until such time as the additional information may be submitted by the applicant.

Approval process:

Pre-application conference: Prior to filing the formal application for development plan review, the prospective applicant may request a pre-application conference with the planning and building department staff. Such a request should include a general outline plan of the proposed project and a general description of the nature, location, and extent of the proposed project, as well as a list of any professional consultants assisting the applicant in respect to the preparation of the submitted plan. The pre-application conference is intended to decrease costs for the applicant by eliminating any problems involved in the proposed project in the early stages of the development process.

ii.

Staff review of the formal application: Upon submission of the formal application, development plan, and all other required materials, the planning and building department staff shall initiate an administrative review of the request by all affected City departments, the results of which shall be reported to the Old Towne Design Review Committee for its consideration.

iii.

Committee action: Upon receiving the formal application, development plan, staff report, and all other associated documents from the planning and building department staff, the Old Towne Design Review Committee shall review the request. After considering the potential impacts of the proposed project on the community, the Old Towne district, and adjacent properties, as well as traffic conditions, drainage, architectural consistency, public facilities, and such other matters pertaining to the general health, safety, and welfare, the committee shall render a decision on the application. The action of the Committee may take the form of either approval, approval with specific stated conditions, or denial. During its review, the committee may consider comments from interested parties on the application. The committee may also continue their review of the application from time to time as they deem necessary.

iv.

Appeals: Any person or persons aggrieved by any decision of the Old Towne Design Review Committee may appeal the decision, within ten days of the date of the Committee's decision, to the Olive Branch Board of Adjustment by filing a letter to that effect with the planning and building department. The board of adjustment may affirm, remand, or deny the decision as they deem necessary. Parties aggrieved by the decision of the board of adjustment may appeal the decision, within ten days of the date of the board's decision, to the mayor and board of aldermen by filing a letter to that effect with the city clerk. The board of aldermen may affirm, remand, or modify the decision as they deem necessary. Parties aggrieved by the decision of the board of aldermen may seek a review by a court of record as provided by law.

Action on development plan effective, when:

Unless the action of the Old Towne Design Review Committee is appealed to the board of adjustment, the committee's action on the proposed development plan shall become final 10 days following the date of the committee's meeting where the action was taken.

ii.

If appealed, the action of the board of adjustment on the appeal shall become final 10 days following the date of that action.

iii.

If the decision of the board of adjustment is appealed to the mayor and board of aldermen, the action of the board on the application shall become final 10 days following the date of the board's action.

iv.

If the decision of the board of aldermen is appealed to the circuit court, no building or occupancy permit shall be issued until all legal proceedings are concluded, unless overruled by the court.

In the event that a development plan is filed in conjunction with a change of zoning, the approval of the development plan shall not become effective until the date of enactment of the ordinance authorizing the zoning change.

vi.

In the event that some additional approval is required by some other governmental authority or agency (i.e., state highway department, county health department, etc.) approval of the development plan shall not become effective until written notice of that approval is received by the planning and building department.

Scope of review: In reviewing the proposed development plan, the Old Towne Design Review Committee shall consider, but not be limited to, the following factors:

The conservation of natural resources on the property proposed for development, including trees and other living vegetation; steep slopes; water courses and floodplains; soils; air quality; scenic views; and historic sites.

ii.

The provision of safe and efficient vehicular and pedestrian transportation, both within the development and the community.

iii.

The provision of usable open space to meet the needs of the proposed development.

iv.

The provision of adequate drainage facilities on the subject site in order to prevent drainage problems from occurring on the subject site or within the community.

The compatibility of the overall site design (location of buildings, parking lots, screening, general landscaping, and architectural design) with any other land uses within the development, as well as adjacent properties and the surrounding neighborhood. The Committee shall consider compatibility of the project both in terms of the existing area as well as the projected future development of the area.

vi.

The existence and/or provision of adequate public facilities and public utilities to serve the proposed development, and the project's resulting impact on the public's fiscal resources.

vii.

Conformance of the development plan with the city's Comprehensive Plan, the Old Towne Landscape Plan, and any other pertinent requirements of the zoning ordinance or subdivision regulations.

Burden of proof: In presenting any application for development plan approval, the burden of proof shall rest with the applicant to provide the necessary evidence required by the Old Towne Design Review Committee to clearly show that the proposed plan meets the above listed standards.

Application materials submitted for the record: All plans, architectural drawings, renderings, photographs, reports, or other documents, materials, or visual aids either initially submitted to the Old Towne Design Review Committee as part of the formal application or presented at the committee meeting shall become part of the permanent record of any decision and shall not be returned to the applicant.

Period of validity:

The approval of any development plan shall expire under the following conditions:

(A)

A building permit is not applied for within six months following the date of the final approval of the development plan by the Old Towne Design Review Committee, or the conclusion of any appeal proceedings.

(B)

If work on the project is not commenced within six months following issuance of the building permit.

(C)

If work on the project is discontinued for a sufficient period to cause the validity of the building permit to lapse.

ii.

Extensions: Upon request by the applicant, and after good cause is shown, the Old Towne Design Review Committee may grant an initial extension of the six month period within which a building permit must be obtained for an additional six month period.

iii.

Expiration: If the period of validity expires, the administrative official shall notify the applicant in writing, and shall file with the records of the Old Towne Design Review Committee a certificate of noncompliance. Neither a building permit nor a use and occupancy permit shall be issued until a new development plan application is approved by the committee.

Modifications to an approved development plan: An approved development plan may be amended or revised so far as that approved development plan is concerned, for which the administrative official has not yet issued a building permit, or where the work authorized under an issued building permit has not yet been completed, in accordance with the following provisions:

An approved development plan may be amended upon written application to the planning and building department requesting the proposed change.

ii.

The administrative official shall review the proposed modification(s) to certify whether they comply with all standards and requirements of the City, and that no substantial deviation from the approved site plan has occurred. A "substantial deviation" shall include, but is not limited to:

(A)

Modification of building locations which would affect their distance or buffering from adjacent property.

(B)

Relocation of an access point to the site.

(C)

A major redesign of the parking areas and/or vehicular use areas.

(D)

A fundamental change in the density, use, or concept of the development.

(E)

A change in the approved architectural concept of the project, including changes in design, exterior materials, and colors, as well as the size, location, and/or number of signs.

iii.

If the administrative official determines that the proposed modification(s) is consistent with the requirements of the City, and that a substantial deviation would not result from the proposed modification(s), then he/she may approve the modified site plan.

iv.

If the administrative official determines that the proposed modification(s) is inconsistent with the requirements of the City, or that a substantial deviation does result from the proposed modification(s), the modified development plan must be submitted to the Old Towne Design Review Committee for approval. Approval of a proposed modified development plan shall follow the same procedure and approval process required for original development plan submissions.

Until such time as the proposed modifications are approved by either the administrative official or the Old Towne Design Review Committee, as the situation may dictate, the original approved development plan shall remain in effect, subject to the other requirements of this article.

vi.

The approval of any requested modification shall not take effect, nor work proceed, until the applicant has submitted to the planning and building department a complete set of revised plans, incorporating all approved modifications, to replace the previously approved plans currently on file.

Approved development plan to have force and effect of zoning ordinance: An approved development plan authorizes only the arrangement, construction, and uses set forth in such approved plans and additional supporting documentation. Arrangement, construction, and/or use different from the approved development plan, or any approved modifications thereto, shall constitute a violation of this ordinance. The approved development plan shall have the full force and effect of the zoning ordinance. Any violations shall be grounds for the administrative official to issue stop work orders, revoke existing permits, withhold the issuance of further permits, and to take all actions necessary for the assessment of all penalties and fines as outlined in Article XIII of this ordinance.

Conditions of approval: In approving a development plan application, the Old Towne Design Review Committee may impose such reasonable conditions as it deems necessary to meet the spirit and intent of this ordinance. These conditions may include, but are not necessarily limited to:

Performance standards.

ii.

Height limitations.

iii.

Minimum yard requirements.

iv.

Off-street parking and loading requirements.

Sign regulations.

vi.

Architectural elevations of any proposed structures or alterations to existing structures.

vii.

Landscaping provisions.

Note: Although these, and any other conditions deemed necessary by the Committee, may be more restrictive than the minimum requirements of the zoning district within which the subject property is located, they may not be used as a substitute for a variance, as a method of implementing standards that are less restrictive than those required by the applicable zoning district.

Architectural requirements as an element of site plan approval: The Old Towne District displays a variety of architectural styles and periods, therefore, it is not the intent of the this ordinance to promote a specific architectural style, beyond the architecture of the late nineteenth and early twentieth century serving as the overall parameters for any new construction. Approval of the proposed project will be based upon its consistency with adopted design standards and adjacent existing development within the district.

Signage as an element of development plan approval: Although sign types, numbers, sizes, and locations are regulated by the requirements of this ordinance, the design and appearance of proposed signage is reviewed on an individual project basis to insure that all elements of the proposed project preserve and enhance the historic and traditional character of the City center.

Bulk and area regulations: When the Old Towne area was originally established, there were no planning and zoning regulations in effect. As a result, structures within the Old Towne area display a variety of development characteristics. Therefore, bulk and area regulations for the Old Towne District, such as minimum lot area and yard setback requirements shall be reviewed and approved by the Old Town Design Review Committee as an element of the required development plan approval. Approval of the proposed project will be based upon its consistency with adjacent existing development within the district.

Sign regulations: Permissible signage within the C-5, Old Towne District shall be as follows:

General requirements:

Structural requirements: All signs shall comply with the pertinent and applicable standards and requirements of the Olive Branch Building, Electrical, and Fire Codes.

ii.

Safety: Any existing sign which is or becomes an immediate danger or hazard to persons or property because of being in an unsafe condition, or which obstructs any fire escape, window, door, or other exit way, shall be subject to immediate removal at the expense of the property and/or sign owner.

iii.

Maintenance: Each sign shall be maintained in a safe, presentable, and good condition. All signs and sign supports shall be maintained in good repair so as to prevent rust, peeling, flaking, or fading. Broken panels, missing letters, flaking and peeling paint, sign lighting not maintained in operating condition, and all other visual damage to a sign shall be repaired, and all dead landscaping associated with the sign replaced, within ten days of notification by the administrative official or his designee.

iv.

Abandoned signs: Any sign or sign structure which advertises a person, business, service, or product no longer operated, rendered, or sold on the premises or lot where the sign is located, shall be classified an abandoned sign and shall be removed by the owner, agent, or person having beneficial use of the premises or lot within ten days following written notice by the administrative official or his designee.

State right-of-way requirements: All signs erected within the jurisdiction of state right-of-way requirements shall meet both state and City requirements. In such instances, the City sign permit shall not issue until after the state permit has issued and a copy of the same submitted for the file.

vi.

Illumination: Illuminated signs shall adhere to the following provisions:

(A.)

Signs shall not have blinking, flashing, or other illuminating devices, which change light intensity, brightness, or color. Said illumination shall not be reflective or phosphorescent, and shall be in a steady non-fluctuating or non-undulating manner. Beacon lights, spotlights, and strobe lights are not permitted. Automatic changing signs displaying the time, temperature, or date are permitted as otherwise regulated by this ordinance.

(B.)

The light for or from any illuminated sign shall be so shaded, shielded, or directed that the light from said sign shall not glare, fall, or be reflected into adjacent public streets or private property.

(C.)

No colored lights shall be used on any sign, at any location, and in any manner so as to be confused with or construed as a traffic control device.

(D.)

Neither the direct or the reflected light from any illuminated sign shall create a traffic hazard to operators of motor vehicles on public streets.

vii.

Total signage allowed: The total square footage of all signs of any type allowed on the property shall not exceed one and one-half square feet per foot of lineal building frontage. The frontage shall be determined by the principal entrance to the premises, and shall be based upon only that one side of the building.

Sign types and specifications:

Wall signs:

(A.)

Number: Any number of wall signs may be permitted, provided that the total area of any one wall sign shall not exceed the maximum square footage allowed for wall signs referenced in the subsection (b), "area," below.

(B.)

Area: The maximum area of an individual wall sign shall be 50 square feet, or one square foot for each lineal foot of building wall or lease space on which the sign is erected, whichever results in the lesser amount. Lettering or other graphics on a window is considered a sign and shall be computed by measuring the overall width of the sign and multiplying it by the overall height of the sign.

(C.)

Height: Such signs shall not extend above the roof line or the eave of the building.

(D.)

Projection: Wall signs shall not project more than 12 inches from the face of the building.

ii.

Projecting signs:

(A.)

Number: There shall be not more than one projecting sign per building.

(B.)

Area: The maximum area of a projecting sign shall be 20 square feet in size.

(C.)

Height: Projecting signs shall not extend vertically beyond the window sill of the second story or, in the case of single-story building, the roof line as defined by this ordinance, or the eave of the building.

(D.)

Projection: Projecting signs shall project no more than four feet from the face of the building. Such signs shall be pinned away from the face of the building at least six inches. Projecting signs shall project from the face of the building at an angle of 90 degrees. Angular projection from the face or corner of the building is prohibited.

(E.)

Construction specifications: Projecting signs shall be constructed as an integral design element of the building. The design of the proposed sign shall conform to and complement the architectural design of the building. All connecting and support elements shall be enclosed. Exposed brackets, guy wires, chains, and other connecting and support elements are prohibited.

iii.

Freestanding signs (ground-mounted, pole, directory):

(A.)

Number: One per property, where a location authorized by this ordinance exists, and subject to site plan review by the Old Towne Design Review Advisory Committee.

(B.)

Area: The maximum area of a freestanding sign shall be 50 square feet per face.

(C.)

Height: Such signs shall not extend more than 20 feet above the surrounding grade.

(D.)

Setback: Such signs shall be located a minimum of ten feet from the street right-of-way. This setback requirement may be reduced if the height of the proposed sign does not exceed six feet in height.

iv.

Temporary construction signs: Signs identifying lenders, architects, engineers, mechanics, painters, and similar artisans and workmen.

(A.)

Area: The sign area for one face shall not exceed a total of 25 square feet, and in no case shall the total sign area exceed 50 square feet.

(B.)

Setback: Such signs shall be setback a minimum of ten feet from the street right-of-way. This setback requirement may be reduced to one foot from the street right-of-way, if the height of the proposed sign does not exceed three feet in height.

(C.)

Height: A maximum of six feet as measured from the surrounding grade.

(D.)

Removal: All such signs shall be removed within either one year from the date of the issuance of the sign permit, or when the project has received an approved final inspection, whichever is less.

Standard outdoor advertising structures (billboards): None.

vi.

Special use signage:

(A.)

Automobile and truck service stations—Convenience stores with gasoline pumps, allowable signs:

(1.)

Freestanding sign (ground-mounted or pole only): One, however, one sign attached to opposing sides of the gasoline pump island canopy, not exceeding 50 square feet per face, shall be permitted in lieu of the permitted freestanding sign.

(2.)

Wall signs: As regulated by Section 3b(1). (Exception: One company logo sign attached to opposing sides of the gasoline pump island canopy shall be permitted as a permitted wall sign, provided the total square footage allowable for all wall signs is not exceeded.)

(3.)

Price signs: One price sign per pump island, not exceeding ten square feet per face of the sign. Price signs included as a component of the free-standing sign shall be evaluated as a component of the overall permitted area of the freestanding sign, not in addition to the total permitted area of the free-standing sign. Exception: One price sign attached to opposing ends of the gasoline pump island canopy, complying with the size limitation of this section, shall be permitted in lieu of the price signs permitted on the pump islands canopy supports.)

(4.)

Self-service/full service signs: One self-service or full service sign, not exceeding ten square feet per face mounted on opposing ends of the gasoline pump island shall be permitted.

(5.)

Federal and state stamps, octane ratings, pump use directions, no smoking signs, placed upon the body of the gasoline pump, as required by federal, state, and local authorities.

(6.)

The use of portable signs is specifically prohibited, with the exception of "A" frame signs no greater than 5 square feet in size and 3 feet in height, which must be removed at the time of closing and cannot be placed in a location to create a pedestrian or traffic hazard.

(7.)

The use of the gasoline pumps, "pump toppers," or extensions of the pump structure for signage purposes is specifically prohibited.

viii.

Special displays and other temporary signs: The following temporary signs may be approved by the administrative official for up to a 30-day time period per calendar year. Such signs may be extended beyond the 30-day time period, but only upon review and approval of the Old Towne Design Review Committee.

(A.)

Portable signs, banners, and pennants.

(B.)

Signs announcing "grand openings," one time only per individual business.

(C.)

Seasonal or special occasion signs, recognized town events, charitable events and projects, and holidays.

Exempt signs: The provisions of this article shall not apply to:

National, state, and City flags.

ii.

Public signs erected and maintained by the federal, state, county, or City government, or on the order of, a public officer in the performance of his public duty, such as official traffic, fire, and police signs, signals, and markings; directional or informational signs of a public nature; or official public notices.

iii.

Historical markers, as recognized by federal, state, county, or City authorities.

iv.

Memorial tablets, including the names of buildings, and the date of their erection, when cut into any masonry surface, or constructed of bronze or other incombustible material.

Name plates, unlit, mounted on buildings or mail boxes not exceeding one square foot in area.

vi.

Works of art, as approved by the Old Towne Design Review Committee, which in no way identify or advertise a product or business.

vii.

Temporary decorations or displays, when they are clearly incidental to and are customarily and commonly associated with any national or local holiday or celebration; provided, that such decorations are maintained in an attractive condition, do not constitute a fire, traffic, or pedestrian hazard, and are removed within seven days following the event or celebration.

viii.

Temporary or permanent signs erected by public utility companies or construction companies to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines, and similar devices.

ix.

Signs in or on windows not exceeding 20 percent of the window area. The method for computing the sign area shall be by measuring the overall width of the sign or lettering and multiplying by the overall height of the sign or lettering.

Signs inside of buildings not visible through a window.

xi.

Signs which indicate that a business is "open" or "closed" at each entrance, including days and hours of operation, not exceeding two square feet in sign area.

xii.

Property real estate signs, not exceeding six square feet in sign area, which advertise the sale, rental, or lease of the premises upon which said signs are located only.

xiii.

Standard business identification signs painted or permanently affixed to a business or commercial vehicle; provided that the primary purpose of the vehicle is not for display of signs, that they are parked in areas appropriate to their use as vehicles, are used daily in the operation of the business, are in operable condition, and carry a current and valid state license plate and inspection sticker. Such business or commercial vehicles shall not be parked in any required or excess parking space adjacent to the street right-of-way.

Prohibited signage: The following types of signs are prohibited under this article:

Any sign erected in a location, at a height, or at a size other than permitted by this ordinance.

ii.

Any sign erected in a public easement or right-of-way.

iii.

Any sign constructed, located, or erected in such a manner that it is or becomes an immediate hazard or danger to persons or property because of being in an unsafe condition, or which obstructs any window, door, fire escape, or other exit way of any building. Such signs will be subject to immediate removal by the City, at the expense of the owner.

iv.

Any sign attached to any public utility pole, tree, fire hydrant, curb, sidewalk, or other surface located on public or private property.

Any sign erected in any location where, by reason of its location, will obstruct the view of any authorized traffic sign, signal, or other traffic control device.

vi.

Any sign which contains or is an imitation of an official traffic sign or signal, or which by reason of its size, location, movement, content, manner of illumination, shape, position, or color interfere with, may be confused with, or may be construed as, any authorized traffic signal, sign, or device.

vii.

Any sign which by reason of its location will obstruct the vision of a vehicle operator during ingress to or egress from the subject property, or while travelling on the public right-of-way.

viii.

Any moving, changing, swinging, flashing, or blinking sign, including electronic message centers, beacon lights, spotlights, or other illuminating devices which change light intensity, brightness, or color. Automatic changing signs displaying time, temperature, and the date are permitted; however, such automatic changing signs shall be constant in nature and shall not grow, melt, x-ray, up or down scroll, write-on, travel, inverse, roll, snow, or present pictorial or other animation.

ix.

Airborne signs, inflatable signs.

Any temporary signs, such as banners, and pennants affixed on poles, wires, or ropes; streamers, wind-operated devices, fluttering signs, pinwheels, or other portable signs of such nature, and other similar contraptions or techniques, except as they may be authorized as "temporary signs" by this ordinance.

xi.

Any sign attached to a building which extends more than 24 inches above the roof line of the building as defined by this ordinance or the eave of the building.

xii.

Snipe signs, marquee signs, or bench signs, as defined by this ordinance.

xiii.

Signs which contain characters, cartoons, or other representations, statements, words, or pictures of an obscene, prurient, or immoral character.

xiv.

Signs attached to, suspended from, or painted on any vehicle, which is regularly parked on any street or private property to display, demonstrate, or attract the attention of the public, with the exception of standard business identification markings painted or permanently affixed to a business or commercial vehicle, as otherwise regulated in this ordinance.

xv.

The use of LED "rope lights," Christmas string lights, or any other similar type of stringed lights or illuminating device, whether pulsating, blinking, flashing, or otherwise changing in light intensity, brightness, or color or in a steady, constant, non-fluctuating or non-undulating manner, whether attached to or suspended from any commercial or industrial building or structure, or portion thereof, whether outside the building or structure or inside the building or structure and visible from the outside, or attached to any sign as an element of that sign or attached to the sign structure.

EXCEPTIONS:

• Non-LED "rope lights," Christmas string lights, or any other similar type of non-LED stringed lights may be used on commercial and industrial buildings for decorative purposes only during the period from November 15, through January 2nd of each year and shall be removed by the owner, agent, or person having beneficial use of the premises or lot within ten (10) days following written notice by the administrative official or his designee.

• In recognition that special lighting can contribute to the ambiance and character of Old Towne, the Old Towne Design Review Committee may approve additional exceptions.

Height requirement: Within the Old Towne District, No building or structure shall exceed a maximum height of two and one-half stories or 35 feet, whichever is less.

Parking and loading requirements: The provision of off-street parking and loading facilities for the Old Towne District shall be reviewed and approved by the Old Town Design Review Committee as an element of the required development plan approval. Approval of the proposed project will be based upon its consistency with adjacent existing development within the district, and the following guidelines:

New Construction: The standard parking and loading requirements contained within Article XI of this ordinance shall serve as a guideline for all new construction within the "C-5," Old Towne District.

Existing Construction: Where the expansion or change in use of an existing building creates a greater parking requirement than the amount currently provided, the provisions of Article XI shall serve as a guideline only to the extent of the additional parking required by the expansion or change in use.

Trucks and trailers:

No truck rated more than one ton, trailer (low boy, flat bed or otherwise), tractor trailer, or other machines or heavy equipment of any kind shall be parked upon any public street within the C-5 district other than for service and delivery purposes.

(A.)

Delivery shall mean the active loading or unloading of the vehicle or part of the same, and shall not exceed one hour.

(B.)

Service shall mean the retention of an individual or firm to provide a business service to the property-owner, and which takes place upon the property. Vehicles associated with the provision of such service shall not be parked on the subject property overnight.

(C.)

Overnight parking shall mean any parking between the hours of 6:00 p.m. and 6:00 a.m.

Utilities required: Centralized sanitary sewer and water services are required.

Performance standards:

Eating establishments may have an outdoor service area that is accessory to the main restaurant function. The outdoor service area must be a defined space, designed and serviced to prevent wind-blown debris. Patrons must gain entrance through the main entrance to the restaurant, but at least one additional exit must be provided for fire safety purposes. Such outdoor service areas must be located on private property, and may not obstruct any sidewalk. The square footage of the outdoor service area shall be incorporated in the overall gross square footage of the use for establishment of the off-street parking requirement.

Electrical disturbance: No equipment or process shall be used in any use which will create electrical interference detectable to the normal senses at the property line, whether conducted inside a completely enclosed structure or not. No equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the premises, or causes fluctuations in line voltage off the premises.

Water pollution: No authorization of any use under this zoning ordinance includes the authority to discharge liquid or solid wastes into public waters, except as permitted under state and federal law.

Fire and explosive hazard:

Fire hazards:

(A.)

The storage or utilization of materials ranging in form from incombustible to moderate burning is permitted.

(B.)

The storage or utilization of materials ranging in form from free or active burning to intense burning and flammable liquids or materials which produce flammable vapors or gases are prohibited, except as otherwise permitted by this ordinance.

(C.)

The storage, utilization, or manufacture of flammable liquids or materials which produce flammable vapors or gases shall be permitted in accordance with the rules and regulations of the state fire marshal. A certificate of compliance, issued by the state fire marshal's office, stating that the plans and specifications comply with the rules and regulations of the state fire marshal shall accompany the application for a building or use and occupancy permit.

ii.

Explosive hazard:

(A.)

No activity involving the storage, use, or manufacture of materials that decompose by detonation may be carried on.

(B.)

These materials include primary explosives such as lead azide, lead styphnate, fulminates, and tetracene; high explosives such as TNT, RDX, HMX, PETN, and picric acid; propellants and their components, such as dry nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks (other than common fireworks as defined and permitted in Chapter 26 of the City Code of Ordinances), such as magnesium powder, potassium chlorate, and potassium nitrate; blasting explosives such as dynamite and nitroglycerin; unstable organic compounds such as acetylides, tetrazoles, and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates, and hydrogen peroxide in concentrations greater than 35 percent; and nuclear fuels, fissionable materials and products, and reactor elements such as uranium 235 and plutonium 239.

Vibration: Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the property line.

Odor: Every use shall be so operated that no offensive or objectionable odor is emitted.

Smoke: Every use shall be so operated that no smoke from any source shall be emitted of a greater density than allowable by any federal or state requirements.

Toxic gases: Every use shall be so operated that there is no emission of toxic, noxious, or corrosive fumes or gases which are detrimental to any person or to the public which would endanger the health, comfort, and safety of any such person or the public, or which would cause injury or damage to persons, property, or business.

Emission of dirt, dust, fly ash, and other forms of particulate matter: The emission of dirt, dust, fly ash, and any other form of particulate matter shall not exceed any federal or state regulations.

Radiation: Every use shall be so operated that there is no dangerous amount of radioactive emissions in accordance with all federal and state regulations.

Glare and heat: Any operation producing intense glare or heat shall be performed in an entirely enclosed building in such a manner as to be imperceptible along any property line without the use of instruments.

Hazardous materials: No hazardous materials, as defined by state statute or federal regulations, shall be stored or disposed of upon the property.

Written commitment:

Project development contract: Before a building permit or use and occupancy permit can be issued for any development within the Old Towne District, a project development contract must be executed by the applicant, incorporating, among other elements, any conditions or requirements imposed upon the applicant pursuant to this ordinance.

Performance guarantee: As a condition of any approval, the Old Towne Design Review Committee may require a deposit by the applicant with the City of Olive Branch, in the form of cash, a certified check, or other surety as may be acceptable to the City, in an amount to insure performance of any obligations of the applicant to make those improvements, whether public or private, as shown upon the approved site plan, or attested to in any accompanying documents.

Old Towne Design Review Committee, established: There is hereby established the Old Towne Design Review Committee ("committee"), which shall have the structure, powers and functions as hereinafter provided.

Appointment: The committee shall consist of seven members, which shall be appointed by the mayor and board of aldermen for a term of four years to run concurrently with the term of the appointing board Vacancies shall be filled by the board of aldermen for the unexpired term of any member. All members shall serve without compensation, and a member may be removed at any time at the discretion of the board of aldermen.

The board of Directors of the Old Towne Olive Branch Preservation and Development Association shall provide recommended candidates for the Old Towne Design Review Committee. The board of aldermen is not bound by the recommendations of the Association.

Officers: The members of the committee shall elect a chairman and a vice-chairman for a term of office of four years.

Meetings and voting: Meetings of the committee shall be at the call of the chairman and at such other times as the committee shall determine. All meetings of the committee shall be open to the public. The committee shall keep minutes of its proceedings, showing the vote of each member upon the question, or if absent or failing to vote, indicating that fact. The committee shall keep records of its examinations and other official actions, all of which shall be immediately filed in the committee office and shall be of public record.

Rules of procedure: The committee shall conduct business in accordance with this ordinance and the Mississippi Open Meetings Act.

Matters requiring committee approval: Committee approval shall be required for the following types of development within the Old Towne District:

The construction, reconstruction, alteration, rehabilitation, repair, moving or demolition of structures within the Old Towne District.

Fences, signs, landscaping, or parking areas, both new construction or a change or alteration in the existing. Where a uniform sign design has been established for a multi-tenant building or group of buildings, the committee may delegate approval authority to staff.

Design review guidelines: The Old Town Design Review Committee shall recommend design guidelines which are to be utilized by the applicant when preparing a development plan, and by the committee when reviewing a development plan. Such design guidelines may be proposed to board of alderman for adoption and incorporation herein by reference.

(Ord. No. 11-15-22(1), § 2; Ord. of 12-17-24(1))

Sec. 12. - M-1 Light industrial district.

The purpose of this district is to provide for a wide variety of light manufacturing establishments including assembling, processing, storage, and distributing activities. No new residential development would be permitted except for watchman and caretaker dwelling units. The districts should adjoin good highways and access to railroads is also desirable. In the M-1 light industrial district, a building or premises shall be used only for general light industrial, warehousing, and other uses, including certain open or enclosed storage of products, materials, and vehicles, and including the following uses and any similar uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses listed in this section; such listed uses being generally wholesale establishments, service industries, and light industries that manufacture, process, store and distribute goods and materials, and are, in general, dependent on raw materials refined elsewhere and manufacture, compounding, processing, and packaging, as specified, of the following products or similar products:

Permitted uses:

Aluminum can processing and recycling center.

[Reserved.]

Dwellings for resident watchmen and caretakers employed on the premises.

Farms and farm dwellings.

Nursery and greenhouse for growing or propagation of plants, trees, and shrubs.

Wholesale merchandising or storage warehouses with or without accessory retail sales and offices.

Compounding of cosmetics, toiletries, drugs, and pharmaceutical products.

Photographic processing or blueprinting.

Printing and publishing.

10.

Manufacture or assembly of medical and dental equipment; drafting, optical, and musical instruments; watches; clocks; toys; games; and electrical or electronic apparatus.

11.

Manufacture or assembly of boats, bolts, nuts, screws, and rivets, ornamental iron products, firearms, electrical appliances, tools, dies, machinery, and hardware products, sheetmetal products, and vitreous enameled metal products.

12.

Manufacture of food products, including beverage blending or bottling, bakery products, candy manufacture, dairy products, and ice cream, fruit, and vegetable processing and canning, packing and processing of meat and poultry products, but not distilling or brewing of beverages or slaughtering of poultry or animals.

13.

Manufacture of rugs, mattresses, pillows, quilts, millinery, hosiery, clothing and fabrics, printing, and finishing of textiles and fibers into fabric goods.

14.

Manufacture of boxes, crates, furniture, baskets, veneer, and other wood products of similar nature.

15.

Generally those light manufacturing uses similar to those listed above which do not create any more danger to health and safety in surrounding areas and which do not create any more offensive noise, vibration, smoke, dust, lint, odor, heat, or glare than that which is generally associated with light industries of the type specifically permitted.

16.

Tennis Court Commercial Facilities and related sports facilities.

17.

Banks, drive-in or otherwise.

18.

Radio and television towers or antennas or earth stations. The setback for such a tower, antenna, or earth station, shall be one (1) lineal foot from all adjacent property lines for every lineal foot of tower, antenna, or earth station height, plus one (1) additional foot. The number of antennas or tower structures on an individual property shall be limited to no more than one (1) such structure where the subject property directly adjoins a residential zoning district.

19.

Restaurants.

20.

Sexually oriented businesses. Subject to the distance restrictions and other requirements contained in the Adult Entertainment Establishments Ordinances.

21.

Airport.

22.

Auditorium or lecture hall, recreation facilities. Schools, public and private.

23.

Cannabis cultivation facility and/or cannabis processing facility.

Conditional uses:

Temporary use of prefabricated buildings or mobile homes for any permitted or conditional use listed above other than accessory buildings.

Clinic.

2.1.

Convenience store with fuel pumps subject to the special regulations in Article V, Section 16.

Hospital.

Tattoo parlors, with the restriction that they may not be located within 500 feet of any school, church, residence or residentially zoned property or park property, with the measurement to be from property line to property line.

Vehicle impound lots, wrecker/towing service, vehicle recovery and any major storage of equipment or damaged vehicles principally inoperable and stored for a limited period provided all vehicles are completely concealed from all surrounding property.

Conditional use applicants shall submit to the board of zoning adjustments a development plan which meets the requirements of the design review ordinance including but not limited to:

Fencing of solid wall and complete privacy, a minimum of six feet in height, of uniform construction and color.

All drive ways, parking, loading, vehicle circulation areas and vehicle storage areas shall be paved concrete or asphalt surrounded with a minimum six-eighteenths concrete curbing.

Comprehensive auto repair.

Engine installation.

Body shops.

Transmission automotive repairs.

Old, salvaged, and rebuilt auto part sales.

Other related major automotive services.

Radio and television towers or antennas or earth stations in those instances where more than one (1) antenna or tower structure is proposed upon an individual property that directly adjoins a residential district. The setback for such a tower, antenna, or earth station, shall be one (1) lineal foot from all adjacent property lines for every lineal foot of tower, antenna, or earth station height, plus one (1) additional foot.

Transportation terminal, tractor-trailer storage yard, cargo container storage yard, provided that:

The applicant shall submit a development plan for approval conforming to the requirements of the design review ordinance, except as the requirements of that ordinance may be amended by the specific provisions contained herein for the review and approval of the board of adjustment.

Twenty-four-hour, on-site management shall be provided, located in a permanent building conforming to the requirements of the design review ordinance. The board of adjustment may waive this provision upon the applicant demonstrating that alternate management and security provisions will be provided.

All areas used for access, maneuvering, standing, parking and/or display of vehicles, trucks, trailers, heavy equipment, and cargo containers shall be paved with Portland cement or asphaltic concrete surface, maintained for all-weather use, and so drained to prevent the sheet flow of water across sidewalks, public streets, or adjacent properties.

The party conducting the use shall submit a proposed truck route from and to the site, which shall be subject to the approval of the board of aldermen.

The party conducting the use shall be responsible for any off-site improvements (water, sanitary sewer, drainage, or road improvements), as determined by the City Engineer, required to make the subject site usable for the proposed use.

The party conducting the use shall submit a performance guarantee, acceptable to the City, in an amount and for a time period established by the City Engineer, to guarantee that the City streets are properly maintained to City specifications as long as the proposed use is operated from the subject site.

The subject site shall not be visible from any adjacent public street or residential area. Where the subject site is visible from the adjacent public street or residential area, an earthen berm sufficient in height to totally screen the site and any vehicles or containers stored thereon shall be provided, a minimum of 20 feet in height. The berm shall be stabilized and landscaped. A landscape plan for the berm shall be submitted for the review and approval of the board of adjustment.

Cargo containers may be conditionally approved for temporary accessory storage purposes for a period of one (1) year, subject to extension by the board of adjustment for one (1) or more additional one (1) year terms, in connection with any permitted or conditional use listed in this district.

8.1.

Truck Stop subject to the special regulations in Article V, Section 16.

(Ord. of 6-21-22(1), § 2; Ord. No. 11-15-22(1), § 2; Ord. of 12-17-24(1))

Sec. 13. - M-2 Heavy industrial district.

The purpose of this district is to provide for all types of industrial activities except that those potentially hazardous would be permitted only after review by the governing authority and assurance of the protection of public interest and surrounding persons and property. The district is located so as to be accessible to highways and where practicable, railroads. In the M-2 heavy industrial district, a building or premises shall be used only for the following purposes:

Permitted uses:

Any use permitted in the "M-1" Light Industrial District

Conditional uses:

Any manufacturing, industrial, or storage use not in conflict with any ordinance of the City of Olive Branch regulating nuisances and not specifically listed below in this section as conditional industrial uses permitted by the governing authority.

1.1.

Convenience store with fuel pumps subject to the special regulations in Article V, Section 16.

Manufacturing, processing or storage of chemicals, petroleum, coal, and allied products.

Acids and derivatives.

Acetylene.

Ammonia.

Carbide.

Caustic soda.

Cellulose and cellulose storage.

Chlorine.

Coke oven products (including fuel gas) and oven products' storage.

Creosote.

Distillation, manufacture, or refining of coal, tar, asphalt, wood and bones.

Explosives (including ammunition and fireworks) and explosives' storage.

Fertilizer (organic).

Fish oils and meal.

Glue, gelatin (animal).

Hydrogen and oxygen.

Lampblack, carbon black, and bone black.

Nitrating of cotton or other materials.

Nitrates (manufactured and natural) of an explosive nature, and storage.

Petroleum, gasoline, and lubricating oil refining, and wholesale storage.

Plastic materials and synthetic resins.

Potash.

Pyroxylin.

Rendering and storage of dead animals, offal, garbage, or waste products.

Turpentine and resin.

Wells, gas, and oil.

Clay, stone, and glass products.

Brick, firebrick, refractories, clay, and vitreous enameled products (coal fired).

Cement, lime, gypsum, or plaster.

Minerals and earths; quarrying, extracting, grinding, crushing, and processing.

Food and beverage.

Fat rendering.

Fish curing, packing and storage.

Slaughtering of animals.

Starch manufacture.

Distilling and brewing of beverages.

Metals and metal products.

Aluminum powder and paint manufacture.

Blast furnace, cupolas.

Blooming mill.

Metal and metal ores, reduction, refining, smelting, and alloying.

Scrap metal reduction or smelting.

Steel works and rolling mill (ferrous).

Wood and paper products.

Match manufacture.

Wood pulp and fiber, reduction and processing.

Unclassified industries and uses.

Hair, hides, and raw fur, curing, tanning, dressing, dyeing and storage.

Stockyard.

Junkyards and auto salvage and wrecking yards, provided, however, that all such uses shall be enclosed by a solid wall or fence of uniform construction or color at least six feet high and that material not be piled any higher than said wall or otherwise stored in such a manner as to be visible from the adjacent road-way. Burning of autos, parts, or any junk material will not be allowed at any time.

Intensive farming operating such as feed lots, hog farms, poultry lots, and rabbit hutches.

Temporary use of prefabricated buildings or mobile homes for any permitted or conditional uses listed above other than accessory buildings.

Transportation terminal, tractor-trailer storage yard, cargo container storage yard, provided that:

The party conducting the use shall submit a proposed truck route from and to the site, which shall be subject to the approval of the board of aldermen.

9.1.

Truck Stop subject to the special regulations in Article V, Section 16.

10.

Minimum area, yard, and height requirements. Minimum area, yard, and height requirements which govern any use in this district are listed in the chart of regulations [in the appendix to this appendix] unless otherwise regulated in this article.

(Ord. No. 11-15-22(1), § 2; Ord. of 12-17-24(1))

Sec. 13.1. - M-3 Planned industrial district (PID).

Purpose: The purpose of the planned industrial district, "PID", is to provide a mechanism to achieve greater flexibility in the development of land for industrial purposes in order to provide compatibility and amenity among the firms located in the "PID" district by application of sound planning principles and aesthetically desirable design; and to provide protection and compatibility with abutting residential and other non-industrial uses.

Intent: It is the intent of this section that the planned industrial district designation be composed of developments whose principle use, upon completion, is industrial in nature. Generally, no residential or commercial uses will be allowed unless approved by the governing authority as these uses would function more effectively in other districts and would interfere with the operation of such planned industrial developments. However, a convenience store with fuel pumps and/or a truck stop may only be permitted if included in an approved project text.

Creation, preliminary development plan required: A parcel of land may be zoned to the M-3, planned industrial district upon an application for change of zoning district designation, amending the zoning map of the City of Olive Branch. The board of aldermen, upon recommendation by the Planning Commission, may authorize a planned industrial district when the proposed development or use of a specific tract of land warrants a greater flexibility, control, and design than is afforded under the general regulations applicable to the property. A planned industrial district shall be established only following a public hearing, as specified in the amendatory procedures of Article XIV, and shall require the submission of a project text and preliminary development plan which, when zoning is granted, shall govern the development of the land and all subsequent final plans thereof.

Area regulations and performance standards: It is intended that the planned industrial district designation provide a means of achieving a greater flexibility in the development of land in a manner not otherwise possible in conventional zoning districts. Therefore, it is equally anticipated that each planned industrial development will incorporate modifications varying to one extent or another from the normal requirements of conventional zoning districts. However, baseline area regulations and performance standards must be established against which the proposed planned industrial development can be compared for the purpose of identifying and evaluating such modifications as may be proposed. The baseline area regulations and performance standards applicable to the overall site and individual uses within each planned industrial development shall be as follows:

Uses: The baseline standard will be as per the M-2, heavy industrial district, however; no preliminary development plan approval will be issued for any use in the planned industrial district if the determination is made by the approving authority exercising independent judgment, that there is reason to believe that the proposed use or structure, as presented by the application, will create a nuisance in terms of diminished air quality, smoke, noise, toxic matter, odor, vibration, glare, sewage waste, water quality, street system capacity, heat or other condition detrimental to the public health and safety or reasonable use, enjoyment, and value of other properties; or diminish the quality or quantity of any utility service presently provided by the City. Cannabis cultivation facility and/or cannabis processing facility shall be eligible for consideration as a permitted use in an M-3 preliminary development plan/project text. Furthermore, no approval or permit shall be issued unless there is compliance with all other applicable City, state, and federal agencies.

Parking: Parking requirements will be in accordance with the "City of Olive Branch Parking Regulations" unless optional parking standards for the planned industrial district are submitted and approved by the Planning Commission and subsequently by the governing authority.

Buffering and screening: Buffering and screening will be per the Design Review Ordinance for the City of Olive Branch.

Minimum lot specifications and setbacks will be as follows:

Baseline standards will be per the M-2, heavy industrial district except as follows:

Buildings can cover no more than 75 percent of the area of a lot unless otherwise approved by the governing authority.

Where the property adjoins an existing residential district, the minimum setback will be no less than 100 feet. This will apply to all setbacks.

Maximum permitted height shall not exceed 50 feet.

In all areas applicable unless otherwise provided for in this section and/or approved by the Planning Commission and the governing authority, the subdivision regulations and the design review ordinance for the City of Olive branch will apply to all development in the planned industrial district.

Modifications:

Such modifications are consistent with the standards and criteria contained in this section;

Have been specifically requested; and,

That no modification of the baseline regulations and standards would be allowed when such proposed modification would result in any of the following:

Inadequate or unsafe access to the proposed planned development.

ii.

Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity.

iii.

An undue burden would be placed on public parks, recreation areas, fire and police protection, and other public facilities, which serve or are proposed to serve the planned development.

iv.

A development which will be incompatible with the purposes of this section or the city's adopted general development plan.

Detrimental impact on adjacent properties and/or the surrounding neighborhood.

Burden of proof: The burden of proof that the criteria required to secure approval of modifications to the baseline regulations and standards have been met shall rest with the applicant.

Minimum open space:

Required open space for the overall site: A minimum total area of 20 percent of the gross area of the site in the district must be established as open space and landscaping which may include required yards and landscaped parking islands. Floodways and drainage areas adjacent to drainage ways may be dedicated as open space with the approval of the City. Where a plan provides for commonly held open space, the protective covenants must include a provision for the control and maintenance of the open space.

Procedures for planned industrial development approval:

Pre-application conference: Prior to filing any application for a planned industrial district approval, the prospective applicant shall request a pre-application conference with the City staff. Such request shall include a general description of the nature, location, and extent of the proposed planned development, a sketch plan conforming to the requirements of section 14H.3, and a list of any professional consultants advising the applicant in respect to the proposed planned development. The purpose of the pre-application conference is to provide the applicant with the opportunity to consult early and informally with the City staff before preparation of the required preliminary development plan, and submission of the formal application to the Planning Commission. The intent of this procedure is to assist the applicant in preparing a plan which will:

Meet the objectives of the Planning Commission and of this section.

Identify uses proposed for the planned industrial district, as well as the improvements required by those uses, and

Identify any potential problems that may be involved in the proposed concept for the planned industrial district.

The formal application: All applications for planned industrial district approval shall be made in writing by the owner of the property, or the owner's duly authorized agent, upon forms provided by the Olive Branch Planning and building department. The application shall contain the following information:

The completed application form and the payment of all fees.

The legal description(s) of the parcel(s) for which the approval is sought.

A preliminary development plan, conforming to the design standards contained in section 14H.4, demonstrating to the Planning Commission the character and objectives of the planned industrial development so that the commission may evaluate the effects the proposed planned industrial district would have upon the community, the neighborhood, and adjacent properties.

A project text, conforming to the requirements contained in section 14H.2.

Such other information required of the applicant as may be deemed necessary by the Planning Commission to further clarify the various elements and/or impacts of the proposed planned industrial district, provided at the applicant's expense.

The approval process:

Planning Commission action: Upon receiving the planned industrial district application, the staff report, and associated documents from the City staff, the Planning Commission shall hold a public hearing. The commission shall consider the potential impacts of the proposed planned development upon:

The character of the community in light of the quality of construction proposed and the architectural compatibility of the proposed development.

ii.

Traffic conditions.

iii.

Public utility facilities.

iv.

Such other matters pertaining to the public health, safety, and welfare of the City.

Action by the board of aldermen: Upon receiving the report from the Planning Commission concerning their recommendation on the application, the board of aldermen shall hold a public hearing as prescribed by law. After considering the potential impacts of the proposed planned industrial district upon the character of the community in light of the quality of construction and the architectural compatibility of the proposed development, traffic conditions, public utility facilities, and such other matters pertaining to the public health, safety, and welfare of the City, as well as the recommendation of the Planning Commission, the board shall approve, approve subject to specified conditions, or deny the same, and a report of its action shall be returned to the applicant.

A request for a planned commercial district zoning amendment may be approved by the board of aldermen following a recommendation by the Planning Commission, in accordance with the requirements of Article XIV of this ordinance, "Amendments."

ii.

In approving a request for a rezoning to the planned industrial district designation, it shall be at the discretion of the board of aldermen, in the light of the recommendations of the Planning Commission and the comprehensive plan, to:

(A.)

Approve all, or only a portion of the area requested for the zoning change.

(B.)

To grant the requested zoning classification or require a more restrictive one.

Approval of the preliminary development plan required prior to development: No development or redevelopment of the property encompassed within a proposed planned industrial district designation shall take place until a preliminary development plan and project text, acceptable under the requirements of this section, have been reviewed and approved by the board of aldermen as provided herein.

Period of validity: Approval of the preliminary development plan by the board of aldermen shall expire, and be of no effect within two years after the date of the approval of the preliminary development plan by the board, unless a final plan has been submitted for approval within that time.

Effect of expiration: At such time as the period of validity of a preliminary development plan lapses:

ii.

At such time as the period of validity of a preliminary development plan lapses, the Planning Commission staff shall place the matter before the Planning Commission on the next available agenda. The commission may determine if there has been sufficient change in circumstances to warrant removal of the M-3 designation and reversion of the zoning designation of the subject property to its prior zoning designation. The procedure and notice requirements shall be the same as for any rezoning, and shall be in accordance with Article XIV, Amendments.

Specifications for plans and documents:

General: An orderly and effective planned industrial development involves an approval process based upon accurate, detailed and complete information submitted by the applicant in a form suitable for satisfactory planning evaluation. This section specifies precisely that information which must be supplied by the applicant graphically and in writing. It describes the data and documents and the degree of detailed information they must contain and the form in which they must all be submitted. Standardization and uniformity of information are necessary in order to eliminate uncertainty for the applicant and to facilitate speedy and equitable administration of these regulations.

Project text: A project text shall be prepared by the applicant as an element of the formal application for a planned industrial district designation. The project text shall contain the following information:

Name:

Name of the subdivision if property is within an existing subdivision.

Proposed name of the planned development.

Ownership:

ii.

Citation of any existing legal right-of-ways or easements affecting the property.

iii.

Existing and proposed covenants affecting the property.

iv.

The current zoning designation of the property.

Name, address, telephone number, and fax number, if applicable, of the professional engineers, land surveyors, or other design professionals retained for service on the project.

Description: The written metes-and-bounds legal description, including the location of the subject property by lot, section, township, range, and county.

Project data:

A brief narrative, including an explanation of the character of the proposed development.

ii.

Allocation of the site area by building coverage; parking, loading areas, and driveways; open space areas, including total open space, recreational areas, landscaped areas, and others.

iii.

The list of permitted and conditional uses proposed for the planned development. Allocation of the site by land use type for the entire project.

iv.

Proposed area and bulk regulations and performance standards for each element of the project.

vi.

The proposed architectural guidelines and uniform signage requirements for the development.

vii.

(A.)

The approximate date when construction of the project can be expected to begin.

(B.)

The minimum area and the approximate allocation of common open space and public improvements that will be required for each phase.

(C.)

The order in which the phases of the project will be built.

A narrative discussion concerning the overall architectural concept sought to be achieved by the planned development, including the proposed minimum floor area of the proposed buildings, landscaping, architectural requirements, i.e., style, materials, streetscape furnishings, driveway and sidewalk finishes, etc., uniform signage program, decorative street lights, and the compatibility of the proposed architectural concept with adjacent and surrounding development.

A narrative discussion concerning the relationship and compatibility of the proposed development with surrounding land uses.

Sketch plan: The applicant shall prepare a sketch plan as an element of the pre-application conference held prior to the formal application for a planned industrial district designation. This plan may be drawn as an informal sketch, and does not require precise dimensions or any special sheet size. The sketch plat is intended to be used to show the location, proposed street and lot layout, and other significant features of the proposed planned development. The sketch plan shall contain the following information:

Features:

Location of property lines, watercourses, and existing wooded areas; location, width, and name of all existing or platted streets or other public ways within or immediately adjacent to the tract.

ii.

iii.

Approximate topography.

iv.

The approximate location, dimensions, and area of all parcels of land proposed to be either dedicated for public use or for the common use of the property-owners within the proposed district.

vi.

A vicinity map reflecting the streets and other general development of the surrounding area.

vii.

The location of temporary stakes to enable local officials to find and appraise features of the sketch plan in the field.

viii.

The current zoning designation of the subject tract and all adjacent properties.

ix.

An aerial photograph with the out-boundary of the proposed planned development identified.

General guidelines for the preliminary development plan include:

Protective covenants: The applicant must prepare and file protective covenants that regulate development on the site, to be recorded at the time of final plat. For projects that include buildings for lease, the covenants must include a provision for continuous management of the PID by the owner/developer, or major property owners within the development. In all cases, the management entity of the development must have the authority to enforce the covenants and restrictions on all tenants and future tenants of the PID. Management should also provide for, in the covenants, the maintenance of areas of the development not yet purchased and other, non-developable areas within the district for the life of the project. For projects developed with lots for sale, the covenants shall include an owners association with the same powers and duties.

ii.

Direct design controls: The preliminary development plan shall include the overall unity of site design for the entire PID, architectural harmony of buildings and structures, design integration of the common open space system and storm drainage system into the overall site design of the industrial district, integration of the site layout of individual lots with the overall design unity for the PID, and unified design of street furniture-as shown in scale drawings submitted with the preliminary development plan and subdivision construction plans and specifications.

iii.

Vehicular movement: The street design in any PID should include a clearly defined hierarchical system. Streets, drives, parking and service areas must provide a safe and convenient access to units and project facilities. Streets will not be laid out to encourage outside traffic to traverse the development on local streets or occupy more land than is required to provide access as needed, or create unnecessary fragmentation of the development into small tracts. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Local streets within the PID will not be connected to streets in such a way as to encourage their use by through traffic.

iv.

Buffering and screening: Fences, walls, buffer yards and vegetative screening shall be provided along the borders of planned industrial districts where needed to protect residential and other non-industrial uses from undesirable views, lighting, noise, or other off-site influences or to protect occupants of adjoining residential districts from similar adverse influences from the PID. Buffering and screening, as well as landscaping, should be provided for in high standards in order to achieve maximum benefits and satisfy the purpose of the ordinance.

Existing vegetation: In cases where a PID abuts an existing residential district, any and all existing trees within the required buffer area will be preserved in order to provide maximum screening between districts. These areas will be recorded as no disturb zones for the life of the project. The covenants will provide for the maintenance of these trees in order to maintain their health and retain them as a screening feature and will provide for replacement of any trees that may die for the life of the project.

vi.

Service areas: Loading, service and garbage areas should not be exposed to major streets. Screening for outdoor storage areas adjacent to major streets should be integrated with the building design concept and should be executed in materials and in a manner equal to the front facade of the building.

Required information: All preliminary development plans shall contain all of the information described in this section:

Plat data:

(A.)

The date of plan submission and the following names, addresses, telephone numbers, and fax numbers, if applicable:

(1.)

The record owner or owners of the subject property.

(2.)

The party who prepared the plan, including their registration number.

(3.)

The party for whom the plan was prepared, if different from the property-owner.

(4.)

The engineer and/or land surveyor who will design the improvements for and survey the tract, or such part thereof as is proposed to be developed.

(5.)

All adjacent property-owners of record.

(B.)

The name of the proposed development and all proposed streets.

(C.)

Indication of the use of any lot and all uses accessory or otherwise proposed by the applicant.

(D.)

The approximate true north point, title, and graphic scale.

(E.)

The area of the tract and each subdivided lot expressed in square feet if less than an acre or tenths (0.1) of an acre if larger than an acre.

(F.)

F.E.M.A. flood elevation for the property, and the location of the flood zone boundary(ies).

(G.)

A vicinity map showing the streets and other general development of the surrounding area.

(H.)

The current zoning designation of the subject property and of all adjacent properties, and the current owners of those properties.

ii.

Existing conditions:

(A.)

The location and dimensions of all out-boundary lines of the property by calculated distances and bearings, expressed in feet and decimals of a foot.

(B.)

The location of the property with respect to surrounding property and streets, including the names of adjacent property-owners and adjoining developments.

(C.)

(D.)

The location and width of all existing streets, alleys, other public ways, easements, building setback lines, utilities, fire hydrants, and storm water drainage facilities.

(E.)

The location of all existing sidewalks and pedestrian walkways.

(F.)

Identification of the existing land use and zoning of the petitioned site and adjacent properties.

(G.)

An existing tree survey indicating type and size for the entire site prior to any clearing and grading of the site.

iii.

Proposed conditions:

(A.)

(B.)

The locations and dimensions of all proposed lots.

(C.)

(D.)

The location and dimensions of all property proposed to be set aside for public or private common use, with designation as to the purpose thereof.

(E.)

Blocks shall be numbered consecutively. The blocks in numbered additions to subdivisions bearing the same name shall be numbered consecutively throughout the several additions.

(F.)

All lots in each block shall be numbered in consecutive order. Out-lots shall be lettered in alphabetical order.

(G.)

Total project density for and/or the building floor area, by use, for all development.

(H.)

Note: A separate landscape plan may be required in those instances where the size and complexity of the proposed project indicate the need for additional detail.

(I.)

Height, size, location, design, and orientation of all proposed signs.

(J.)

Location, height, and type of all exterior lighting.

(K.)

Location, area, and type of screening for all exterior trash collection and/or recyclables collection areas.

(L.)

A graphic depiction of the proposed phase boundaries for all projects proposed to be constructed in phases.

iv.

Grading, drainage, and utility plan:

(A.)

The topography of the site at two-foot intervals, at the same scale as the plan. Contour data shall extend 150 feet beyond the boundaries of the proposed development.

(B.)

Contours of the site reflecting the difference in elevation between the pre-developed site and the proposed finished grades.

(C.)

(D.)

Overall layouts for:

(1.)

Sanitary sewer—Pipe sizes, direction of flow, location of manholes, lift stations, location of laterals for each lot or property, etc.

(2.)

Storm sewer—Pipe sizes, direction of flow, inlet locations, manhole locations, retention / detention basins, etc.

(3.)

Water—Pipe sizes, fire hydrant locations, valve locations, service locations for each lot, elevated or underground storage locations and specifications, standpipe locations and specifications, etc.

(4.)

Natural gas—Pipe sizes, valve locations, individual service locations, etc.

(5.)

Electrical transformer locations.

(E.)

The location, dimensions, and proposed use of all proposed easements.

Supplementary information:

(A.)

Legal description of the tract to be subdivided.

(B.)

(C.)

A copy of all proposed trust indentures, deed restrictions, and/or protective covenants, if any.

(D.)

A typical street section, showing roadbed construction, curbs, gutters, sidewalks, and the relationship of underground utilities.

(E.)

Architectural elevations of all proposed buildings, noting materials to be used in terms of type, location, texture, and color.

(F.)

(1.)

Any development which proposes to take direct access to any collector or arterial street.

(2.)

(G.)

Certification by the registered land surveyor that the plan bearings and dimensions are correct and accurate.

(H.)

Such other information, data, plans, documents, calculations, and so forth as may be deemed necessary by the Planning Commission to adequately review the proposed plans.

vi.

Deed restrictions, trust indentures, and/or protective covenants: The board of aldermen shall not consider any final plat application that incorporates private improvements, facilities, or other common elements, which are proposed to be maintained by the owners of property within the proposed development, unless it shall be accompanied by deed restrictions, covenants, or a trust indenture.

(A.)

(1.)

The elimination of all or any part of any restriction, covenant or trust provision.

(2.)

The amendment of all or any part of any restriction, covenant or trust provision.

(3.)

The addition of any restriction, covenant, or trust provision determined by the board of aldermen to be in the best interest of the public.

(B.)

All such deed restrictions, covenants, or trust indentures shall provide for the following:

(1.)

(2.)

(3.)

Provisions setting out the powers and duties of the trustees under the deed restrictions or trust provisions with respect to the following:

(a.)

(b.)

(c.)

For the effective means of collection of the reasonable yearly minimum amount of money designated and required for maintenance of the common elements, improvements, or facilities.

(d.)

(4.)

The final plat: the information and standards and specifications for design of the required final plat for a planned industrial district shall be in accordance with the requirements for preparation of a final plat as contained within the city's subdivision regulations, except as maybe provided herein.

Landscaping and buffer yard areas, identifying all improvements and planting in terms of location, type, and size.

The location of all common open space areas, specifically identifying all proposed improvements and landscaping.

The final version of all deed restrictions, trust indentures, and/or protective covenants, suitable for recording.

An application for final plat approval shall also contain:

ii.

iii.

Height, size, location, design, and orientation of all proposed signs.

iv.

Location, height, and type of all exterior lighting.

Location, area, and type of screening for all exterior trash collection and/or recyclables collection areas.

(Ord. of 6-21-22(1), § 2; Ord. No. 11-15-22(1), § 2)

Sec. 14. - PUD Planned unit development district.

The purpose of the planned unit development district is to provide for the development of planned total communities that provide a full range of residential types as well as certain commercial, office, or light industrial uses designed to serve the inhabitants of the districts consistent with the comprehensive plan. For purposes of this ordinance a planned unit development shall be a tract of land at least four acres in area, under single, corporation, firm, partnership or association ownership, planned and developed as an integrated unit, in a single development operation or a programmed series of development operations and according to an approved preliminary site plan.

Preliminary site plan required. The PUD district shall be established only upon application, after public hearing as specified in the amendatory procedures of Article XIV and shall require an approved preliminary site plan which when zoning is granted will govern the development of the land and all development plans thereof.

Minimum district area. The minimum area for a PUD district shall be four acres.

Permitted uses: A list of permitted uses within each planned unit development must be submitted with the application for establishment of the district and the preliminary site plan and must be approved by the Planning Commission and board of aldermen upon application by the owner of the property.

The use of Convenience stores with fuel pumps shall be subject to the special regulations in Article 5, Section 16.

Procedures. An application for rezoning to PUD district shall be accompanied by a preliminary site plan and text presenting the following information:

Proposed land uses and population densities.

Proposed primary circulation pattern.

Proposed parks and playgrounds.

Delineation of the units or phases to be constructed together with a proposed timetable.

Proposed means of dedication of common open space areas and organizational arrangements for the ownership, maintenance and preservation of common open space.

Relation to the City comprehensive plan, land uses in the surrounding area and to the general plan of the PUD.

Rezoning procedures shall be in accordance with Article XIV of this ordinance. Following the initial rezoning procedure, the proposed development shall follow all applicable procedures and requirements governing the subdivision of land.

No building permit shall be issued until a final plat of the proposed development or portion thereof, is approved, filed, and recorded.

No building designed or intended to be used, in whole or in part, for commercial purposes shall be constructed prior to the construction of less than 25 percent of the dwelling units proposed in the plan or construction of 100 dwellings units, whichever is smaller.

If construction of the PUD district is not started within two years of the date of approval, the mayor and board of alderman may consider, subject to state law, rezoning the site to its previous classification.

The applicant, by showing good cause why he cannot adhere to the proposed timetable described in (d)(4), may seek an extension of not more than one year at a time. A request for extension shall be submitted in writing to the Planning Commission.

Review standards. The site plan must provide for and conform entirely to the following standards and requirements:

In order to encourage ingenuity, imagination, and high quality design, regulations on residential areas will not specify minimum lot area per dwelling unit but will limit density in residential areas to five families per acre in single-family dwellings or 20 families per acre in multifamily dwellings. This will allow clustering of dwellings to provide maximum open space.

Street widths and improvements thereof as well as off-street parking facilities must conform to generally applicable City standards.

Provisions for water supply, sanitary sewers, stormwater drainage, and connections shall be made to the satisfaction and requirements of the governing authority and the appropriate state authority.

All improvements are to be installed and maintained by the developer unless other arrangements approved by the governing authority are made.

The governing authority may require other special improvements as they are required if they are deemed reasonable and essential, and may require that appropriate deed restrictions be filed that are privately enforceable for not less than 20 years.

The developer shall also submit sketches of the plan for the entire project showing the relationship of uses, street patterns, open space and the general character of the proposed development, including a schematic drawing illustrating a typical segment of the development.

After approval, filing, and recording of the Final Plat, a building permit may be issued in accordance with the approved plan.

Required open space:

Dedication, maintenance: A minimum total area of ten percent of the gross area of the subject property shall be set aside as parks, playgrounds, or other common open space. Of this ten percent, a maximum of five percent may be covered with water. Parks and playgrounds must be suitably improved for their intended use as parks and playgrounds. Areas dedicated for common open space uses shall be freely accessible, and shall be topographically suitable for public use. Level floodplain areas adjacent to drainage ways may be dedicated as common open space with the approval of the City.

ii.

At the recording of the plat, the developer shall, concurrently, transfer the ownership of all common elements to the homeowners association.

Payments in place of land dedication: As an alternative to the dedication of open space within a planned unit development, the applicant may voluntarily propose a payment to the City in place of the land dedication. The amount of the payment shall be established by multiplying the total number of lots within the development by $350.00. In those instances where the applicant proposes a payment in place of the land dedication, such proposal shall be submitted to the Planning Commission and the board of aldermen with the submission of the preliminary development plan. The request to provide a payment in place of the land dedication by the applicant shall be accompanied by all supporting documentation. It shall be completely at the discretion of the board of aldermen to either accept the payment in place of the land dedication, or require dedication of the common open space within the development.

In those instances where the payment alternative is accepted by the City, the payment shall be deposited by the applicant with the City prior to the recording of the plat for the development. Where the subdivision will be developed in a series of phases or sections, individual payments may be made prior to the recording of the plat for each phase or section.

ii.

In those instances where payments are accepted by the City in place of the required land dedication in planned unit developments, such funds shall be deposited by the City in a park development fund. Payments made on behalf of a specific planned unit development shall be solely dedicated to the purchase and development of parks and public open space serving that particular portion of the community within which the donating development is located.

Alternative land dedication: As an alternative to dedication of open space within a planned unit development, the applicant may propose to donate land to the City in an area outside of the proposed development. The area of the alternative land proposed for donation shall be at least as much as that amount of land which would otherwise be dedicated as common open space within the development. Alternative property donated in lieu of required common open space shall be freely accessible, and shall be topographically suitable for public use. The applicant shall submit his request to donate alternative land in lieu of the dedication of common open space to the Planning Commission and the board of aldermen with the submission of the preliminary development plan. In no case, shall any alternative land proposed for donation to the City in lieu of common open space dedication be located within the 100-year floodplain as designated by the Federal Emergency Management Agency, upon a reclaimed landfill, or upon any other environmentally impacted land. The request to donate alternative land in lieu of the dedication of common open space shall include a metes and bounds description, a topographic survey of the property proposed for donation, a floodplain certification, and an environmental audit report, each prepared by a registered engineer licensed to do business within the State of Mississippi. A certificate of clear title shall also be provided from an attorney licensed to practice in the State of Mississippi. It shall be completely at the discretion of the board of aldermen to either accept the donation of land outside the planned development or require the dedication of common open space within the planned unit development.

(Ord. No. 11-15-22(1), § 2; Ord. of 12-17-24(1))

Sec. 15. - F Flood Control.

The Olive Branch Floodplain Management Ordinance shall apply to the properties in areas that are subject to periodic flooding as shown on the flood insurance rate maps (FIRM) published by the federal emergency management agency (FEMA). Said areas may be located in any of the zoning districts.

Sec. 16. - Special regulations for convenience stores with fuel pumps and truck stops

It is the intent of these regulations to require conditional use permits for Convenience Stores with Fuel Pumps and Truck Stops in all conventional and planned zoning districts and to establish associated locational criteria and design specifications, which are supplemental to the conditional use evaluation criteria in Article X. - The Board of Adjustment.

Districts Permitted.

A convenience store with fuel pumps for passenger vehicles, limited to six (6) pumps / twelve (12) fueling positions, may only be allowed as a conditional use in the following districts, subject to the locational criteria and design specifications contained in this section and all other general requirements for a conditional use permit: C-1, Neighborhood Commercial District; C-2, Highway Commercial District; C-3, General Commercial District; M-1, Light Industrial District; and M-2, Heavy Industrial District.

A convenience store with fuel pumps for passenger vehicles, with more than six (6) pumps / twelve (12) fueling positions, or with fueling for tractor-trailers, and limited to no more than four (4) tractor-trailer parking spaces outside of fueling positions, may only be allowed as a conditional use in the following districts, subject to the locational criteria and design specifications contained in this section and all other general requirements for a conditional use permit: C-2, Highway Commercial District; C-3, General Commercial District; M-1, Light Industrial District; and M-2, Heavy Industrial District.

A truck stop may only be allowed as a conditional use in the following districts, subject to the locational criteria and design specifications contained in this section and all other general requirements for a conditional use permit: C-2, Highway Commercial District; M-1, Light Industrial District; and M-2, Heavy Industrial District.

In planned development districts (PUD, C-4, and M-3) in which there is a project text that includes convenience stores, fuel pumps, or truck stops, whether listed as permitted, or conditional, any such use may only be allowed as a conditional use, subject to the locational criteria and design specifications herein and all other general requirements for a conditional use permit.

Provisions are provided in Article IX, Sec. 11 to determine whether a property has a vested right to operate an existing convenience store with fuel pumps and/or as a truck stop, to construct a new facility, or to expand an existing facility and thereby not be subject to the requirements to obtain a conditional use permit and meet the locational criteria and design specifications contained in this section.

Locational Criteria. A convenience store with fuel pumps and/or a truck stop shall meet the following locational and site requirements to obtain a Conditional Use Permit:

Intersection Requirements.

The site is a hard corner at an intersection with an existing traffic light signal, or one to be built in conjunction with the project.

There are no more than two (2) such stores and/or truck stop at a four-way intersection.

There is no more than one (1) such store and/or truck stop at a T-intersection.

For the purposes of this section, a hard corner site has connected frontages along two rights-of-way intersecting at a 90 degree angle, more or less, or frontage along at least one right-of-way at a T-intersection, with said single frontage being perpendicular, more or less, to the intersecting right-of-way.

Minimum Size, Separation Requirements, and Truck Route.

Proposed Type	Minimum Size	Minimum Separation Distances: (measured from closest building wall of convenience store / truck stop or fuel canopy, whichever is closer, to property line of the protected properties listed below) *		Site located on a designated truck route, or within ¼ mile of a truck route with direct access to an arterial or collector road.
Proposed Type	Minimum Size	Any residentially zoned property, but only applicable to A-R property developed with single family home(s)	Daycare, school, public park or public playground
Convenience store with fuel pumps for passenger vehicles, limited to six (6) pumps / twelve (12) fueling positions.	1 acre	200 feet	200 feet	Not Required
Convenience store with fuel pumps for passenger vehicles, with more than six (6) pumps / twelve (12) fueling positions, or with fueling for tractor-trailers, and limited to no more than four (4) tractor-trailer parking spaces outside of fueling positions.	2 acres	500 feet	700 feet	Required
Truck stop	4 acres	800 feet	1000 feet	Required

;sz=8q;* The minimum separation distance requirements shall not apply to approved planned developments (PUD, C-4, and M-3) in which the Project Text permits Convenience Stores with Fuel Pumps and/or Truck Stops and where a Preliminary Development Plan or Master Plan was previously adopted by the board of aldermen or Board of Supervisors depicting the facility and its location.

Design Specifications.

The fuel canopy of a convenience store with fuel pumps and/or a truck stop shall have a maximum clearance of 15 feet from the finished grade to the underside of the canopy. The fuel canopy shall use the same exterior materials and architectural style as the principal building. Each column or pier shall be treated with brick, natural stone, or other masonry material matching the materials used in the primary structure.

The site shall be designed so that any fueling pumps and associated canopies are not located between the front façade of the building and the street with a minimum front setback for a fuel canopy façade of fifty (50) feet.

This provision is not applicable and the front setback for the fuel canopy façade is reduced to twenty (20) feet for a fueling facility developed in conjunction with a grocery store or other large retail establishment.

The Board of Adjustment may waive this provision and reduce the front setback for the fuel canopy façade to twenty (20) feet if the applicant can demonstrate its enforcement would adversely affect traffic and/or on-site circulation or result in the placement of fuel pumps and associated canopies closer to residentially zoned areas or other protected properties.

A gas canopy is permitted one sign per frontage (maximum two) that does not exceed fifteen (15) percent of the canopy face and does not project above or below the canopy roofline.

All free-standing signs must be monument style, not exceeding twelve (12) feet in height.

A tractor-trailer parking lot at a Truck Stop shall be enclosed with a masonry or composite fence of eight (8) feet in height and shall be separated from any residentially zoned property by a Bufferyard Type "50" with the required number of plantings specified in the Design Review Ordinance.

It is recommended that electrical charging facilities be provided at a minimum ratio of one charging station per four (4) fuel pumps. Electrical charging facilities may be provided in required parking spaces.

(Ord. of 12-17-24(1))