Oxford City Zoning Code

ARTICLE 9

0. - ADMINISTRATIVE AND APPLICATION PROCEDURES

Sec. 9.1. - Subdivision of land.

9.1.1.

Adherence to the subdivision standards and process outlined in this ordinance is required for any division of land as defined in article 10.

9.1.2.

Exempt. For the purpose of these regulations, the following are exempted and do not require an application for subdivision approval to the planning commission, but may be subject to more restrictive state regulations:

9.1.2.1.

The sale, exchange, or combining of parcels of land between one or more owners of adjoining properties, provided additional lots are not created, and that the resulting parcels are not less than the minimum sizes required by these and the zoning regulations. This provision does not apply to land exchanges in existing subdivision or an action that would by default create a subdivision.

9.1.2.2.

Any division, partition, or sale of land by judicial decree.

9.1.2.3.

Division of land into two parcels provided that each parcel is greater than one acre exclusive of existing road right-of-way or major road right-of-way to be reserved, and is zoned agricultural, estate residential, or suburban residential.

9.1.2.4.

The division of land solely for the purpose of deeding land to the city for the purpose of providing right-of-way for a public road.

9.1.3.

Process. The subdivision of land in the City of Oxford shall occur in three steps: Preapplication conference, preliminary subdivision application, final subdivision application.

9.1.4.

Official plat required. Before any tract or parcel of land within the city shall be considered for division into two or more building sites for residential, or any lot for non-residential, purpose of sale, said tract or parcel of land shall be surveyed and platted by a licensed land surveyor. All plans and specifications for construction of required improvements thereon shall be prepared by a registered professional engineer.

9.1.5.

Procedures. The procedures for each step are set forth in the following sections. The planning commission is authorized and directed to administer and coordinate the provisions of this article. Approval of plats and other documents and plans by the planning commission are, however, tentative approval only. Final approval of plats is the responsibility of the mayor and board of aldermen. All subdivisions that create two or more lots are to be reviewed by the site plan committee and may be referred to the planning commission (at the discretion of the director of planning) if the subdivision involves lots already containing structures. Subdivisions with three or more lots are to be reviewed by the planning commission.

9.1.6.

Pre-application conference.

9.1.6.1.

Sketch plat. Prior to the filing of a subdivision application of five or more lots, an applicant shall meet with the planning department to discuss the subdivision review process. Applicants are advised to submit a sketch plat for informal advice as to the appropriateness of the proposed subdivision. This step does not require a formal application, fee, or filing of plat. A pre-application sketch plat should contain the information and be presented in the form listed in appendix sketch plat standards.

9.1.6.2.

The director of planning may waive the pre-application conference if it is determined unnecessary because the applicant has sufficient knowledge of the requirements of the land development code and/or has previously submitted completed applications in the City of Oxford.

9.1.6.3.

Purpose. The purpose of the conference is to:

Acquaint the applicant with the requirements and procedures of this ordinance.

To determine the appropriate application process as provided for in the land development code.

To discuss the proposed subdivision layout and design.

9.1.7.

Preliminary subdivision application.

9.1.7.1.

Submittal requirements.

An application for preliminary subdivision shall include verification as to whether the property is already part of an existing subdivision; and shall contain the information and be presented in the form listed in the appendix [section] A.3, Preliminary plat standards.

Reserve tracts. Where a proposed subdivision is part of a larger tract, and the area of the un-subdivided portion is less than 50 acres, a sketch plan shall be submitted for the entire property showing the extension of future streets, storm drainage, and sewers to ensure that subsequent development of the reserve tract has adequately been addressed.

9.1.7.2.

Public works requirements.

Plans. A complete set of plans and specifications shall be submitted to the planning department for study and recommendation by the planning department and city engineer. Written approval of the city engineer must be noted on all copies of plans and specifications so submitted before the preliminary plat will be considered by the planning commission.

Utility plan. A utilities plan shall be submitted showing existing and proposed utilities on and adjacent to the tract. Location, size and invert elevation of sanitary and storm sewers; location and size of water mains, and fire hydrants. If water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to, and size of nearest ones, showing invert elevation of sewers. Also, electric, gas, and cable utilities and any required retention/detention shall be shown. This plan shall include, in residential developments with underground utilities, a designated location (preferably in a rear yard area or on common space) for a telecommunications facility support structure. The location shall be identified and approved as a part of the approval of a final plat for the subdivision. When proposed for installation, the maximum overall height of new telecommunications facility support structure in a residential development, including antennas, lightning rods, or other extensions shall be determined through a special exception approval.

Grading and drainage plan. An overall grading plan shall be prepared showing existing and proposed contours at two-foot intervals. Both existing and proposed contours shall be shown on the same drawing. An erosion control plan for the subdivision shall be prepared and submitted as part of the overall grading and drainage plan.

Title and certificates. Present tract designation according to official records in the office of the appropriate recorder, the title under which proposed subdivision is to be recorded, with names and addresses of owners, notation stating acreage, scale, north arrow, datum, benchmarks, certification of registered civil engineer or surveyor, date of survey.

Traffic impact analysis. At the discretion of the public works department or when any proposed subdivision is expected to generate over 100 peak trips 500 trips in an average day. (See traffic generation threshold table in the appendix.)

9.1.7.3.

Planning commission review. During its review of any plat, preliminary or final, the planning commission shall consider the proposed subdivision in the context of its intended use and the relation of that use to the public welfare and neighborhood development of the area in which it is located.

All plats shall be reviewed in the context of existing plans, including the City of Oxford Comprehensive Plan, zoning ordinance, major street plans, major utility plans, other public facility plans; and the character of the local community.

Attention shall be given to the need for parks, play areas, schools, public building sites, major streets, the efficiency of the street pattern, and the suitability of the land development.

Due regard will be shown for the preservation of outstanding natural and cultural features such as scenic spots, watercourses, and historic sites.

The planning commission shall consult other agencies and confer with the developer from time to time during the course of its examination, in order to ensure carrying out the purposes of the subdivision regulations and the orderly growth and development of the city.

9.1.7.4.

Review Timeframe.

Application for preliminary subdivision shall be filed with the department of planning for review and hearing before the City of Oxford Planning Commission at least 45 calendar days prior to the meeting at which it is to be considered.

The planning commission shall, within 45 calendar days, act thereon as submitted by approving the application, approving with conditions, or denying the application. The planning commission shall state the reasons for its actions.

9.1.7.5.

Approval conditions.

Conditional approval of a preliminary plat does not constitute approval of the final plat (subdivision plat). It is instead an expression of approval for the layout submitted on the preliminary plat that is to serve as a guide to the preparation of the final plat.

Preliminary plans are approved for a two-year period of time. Recording of final plats within the approval period shall constitute compliance with this provision. If a final plat(s) has not been recorded within the approval period, the preliminary plan approval shall be null and void.

Phased plans. If the preliminary plan contains a sequence of phases, preliminary plans should only be submitted for phases that are to be initiated within two years, and all phases that have received preliminary plat approval shall have a final plat recorded within the approval period.

The applicant may request an extension of time for the approval period. Requests for extensions shall be submitted in writing to the planning commission prior to the expiration date. The subdivider shall indicate the reasons for the extension and the estimated time for finalizing the development. When granted, extensions shall be for no more than two year periods.

9.1.8.

Final subdivision approval.

9.1.8.1.

An application for final subdivision approval shall conform substantially to the preliminary plat as approved, and, if desired by the applicant, it may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations.

9.1.8.2.

Application for approval of the final plat shall be submitted in writing to the planning commission at least 45 calendar days prior to the meeting at which it is to be considered. The planning director may authorize a submittal 30 days prior to the meeting. An application for final approval shall contain the information and be presented in the form given in the appendix [section] A.4, Final plat standards.

9.1.8.3.

An application for final subdivision approval shall be submitted to the planning commission within 18 months after approval of the preliminary plat; otherwise, such approval shall become null and void unless an extension of time is applied for and granted by the planning commission.

9.1.8.4.

The city engineer shall certify that the subdivider has complied with one of the following alternatives:

All improvements have been installed by the subdivider or another party in accordance with the requirements of these regulations and with the action of the board of aldermen, giving approval of the preliminary plat, receiving a warranty bond, and accepting maintenance of utilities and streets; or

A bond or certified check equivalent to 150 percent of the approved construction cost estimate has been posted by the subdivider, which is available to the city in a sufficient amount to ensure completion of all required improvements.

9.1.8.5.

After the final plat has been approved by the planning commission, it shall be submitted to the board of aldermen and, if approved, shall include the certificates signed by the mayor and the city engineer.

9.1.8.6.

A duplicate original of the final plat on mylar shall be submitted to the city clerk and recorded in the city plat book of subdivisions as specified below.

9.1.8.7.

A digital copy shall be submitted in a both Autocad and PDF formats.

9.1.9.

Recordation of final subdivision plat.

9.1.9.1.

Upon approval of the final plat by the mayor and board of aldermen, the submission of any required bond, and the recording of the final plat in the office of the Chancery Clerk of Lafayette County, building, and related permits may be issued, and lots may be conveyed by the owner. Prior to such approval and submission of the required bond, no building or related permits shall be issued and no lots shall be conveyed by the owner.

9.1.9.2.

Within ten days following approval of a final plat by the mayor and board of aldermen, such plat must be recorded in the office of the clerk of the chancery court and a copy of the recorded plat submitted to the director of planning. Failure to record such plat within the time specified will result in revocation of all building and related permits then outstanding, and no building or related permits will be issued for any building to be erected within the subdivision until such time as the final plat is recorded.

9.1.9.3.

No bond shall be released by the city until such time as all improvements have been accepted for maintenance and the final plat recorded in the office of the clerk of the chancery court.

9.1.9.4.

The provisions of this section are applicable to all subdivisions previously approved and accepted by the mayor and board of aldermen. Final subdivision plats for such subdivisions shall be recorded as provided by this section within ten days following the effective date of this ordinance.

9.1.9.5.

Digital records. The subdivision developer must provide to the city, at the time of acceptance of the subdivision improvements, a digital representation of the final subdivision plat and all improvements to be accepted by the city. Digital record drawings shall consist of one file for each sheet of "as built" plans and one file for each sheet of the final plat. All digital files shall be in a format as required by the city engineer.

9.1.10.

Modification of final subdivision plat. In addition to satisfying all other applicable requirements of this Code, any amendment, alteration, or vacation of a previously-approved final subdivision plat, or any part thereof, must comply with this section and applicable state law. Any party seeking such an amendment shall submit a petition including: (1) a description of the nature of and reason for the amendment; (2) an accurate description of the property, including a copy of the plat to be amended and a copy of the proposed amended plat; and (3) the written consent of all persons adversely affected by or directly interested in the proposed change. The applicant shall be responsible for contacting and obtaining consent from all such persons. Before approving any such change, the mayor and board of aldermen shall make a finding that all such persons have given written consent to the proposed change. If the mayor and board of aldermen find that all such persons have not given written consent, the amendment shall not be allowed. See MCA 1972, § 17-1-23.

9.1.11.

Subdivision design standards.

9.1.11.1.

General design objectives. The subdivision of land within the City of Oxford shall provide for the efficient and orderly development of the site within the context of the general area in which it is located and adhere to the following principles:

Provide a safe and convenient circulation system minimizing pedestrian and vehicle conflicts, and traffic congestion.

Provide lots and parcels which are suitable for the type of development anticipated and are in conformance with the zoning regulations.

Encourage the protection of the natural environment such as topography, mature vegetation, highly erodible soils, and the area prone to periodic inundation due to flooding and wetlands.

In addition to the requirements established in this ordinance, all subdivision plats must comply with the following plans, rules, and regulations:

All applicable local and state statutory provisions.

ii.

The zoning regulations and building and safety codes, where applicable.

iii.

The requirements of the county and state health departments.

iv.

The rules of the Mississippi Department of Transportation if the subdivision abuts a state highway.

9.1.11.2.

Subdivision and street names. The proposed names of subdivisions and streets must not duplicate, nor too closely approximate phonetically, the name of any street or subdivision covered by these regulations. The planning commission shall have final authority to designate street and subdivision names where conflicts exist with other established streets and subdivisions within the county. Proposed streets, which are in alignment with others already existing and named, shall bear the names of the existing streets. Street names must also be approved by the City of Oxford emergency management director.

9.1.11.3.

Phasing of development.

Purpose of phasing. The phasing of development permits incremental development. Additionally, when a subdivider intends to develop a portion of a larger tract of land and leaves the balance for future development as a reserve tract, a phasing system may be permitted.

Review criteria. The review of a phasing plan shall incorporate the following considerations:

Circulation. A phase plan shall provide for proper circulation and access indicating potential new streets and potential for connections to adjoining properties.

ii.

Facilities/utilities. A phase plan shall provide for the logical and orderly improvement of public infrastructure and facilities and extension of utilities within the development.

9.1.11.4.

Lots and blocks—General lot design.

Zoning requirements. All lots shall meet the minimum requirements of the zoning ordinance and be of sufficient size and shape to accommodate a structure that conforms to appropriate city building and construction codes, housing, and public health codes.

Lot shape. Wherever possible, lots shall be regular in shape and not have a projection extending from the main body of the lot, if such projection is not functionally needed for the staff of a flag lot or to meet the required side or rear yard of a structure on the lot.

Side lot lines. Side lot lines shall be at approximately right angles or radial to the street line unless a variation would yield a better street and lot layout.

Corner lot yards. All buildings to be constructed, and all existing buildings to be enlarged, when located on a corner lot, shall maintain the required front yard setback from all streets upon which such lot has frontage.

9.1.11.5.

Flag lots. The staff or strip of land providing access from the building site to the street shall be wide enough to accommodate a curb cut or driveway width meeting the design standards of the city engineer. Flag lots where the access staff exceeds 150 feet in length may be approved after determining that service by fire and emergency vehicles can be accommodated. Up to two lots may have adjoining flag lots and share a driveway easement.

9.1.11.6.

Lots abutting highways or arterial roads. Double frontage and reverse frontage lots should be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation.

9.1.11.7.

Lots with easements.

Limit. No more than four lots shall be served by a private access easement which shall be no longer than 150 feet without a turnaround, and no longer than 300 feet with a turnaround.

Encroachment. No structure shall encroach upon an easement.

Residential developments. There shall be sufficient lot depth and width to provide a reasonable buildable area for the primary structure, and sufficient depth for accessory uses in addition to an access easement or easements.

Non-residential developments. Sufficient buildable area, parking, and landscaping areas shall be provided in addition to an easement or easements.

9.1.11.8.

Lots not served by public sewer and water. Any such lot developed or occupied after July 1, 1992, shall require Mississippi State Department of Health approval of any individual on-site wastewater disposal system planned on any residential lot. Whenever the applicant submits a preliminary plan containing more than 34 lots, a feasibility study on wastewater disposal shall be sent to the Mississippi Department of Environmental Quality and a copy of their response shall be submitted with the preliminary plan application to the planning commission. All lots must be of sufficient size to allow the installation of an individual wastewater disposal system.

9.1.11.9.

Building setbacks.

Building setback lines shall be shown on all lots intended for residential use and on commercial and industrial lots adjacent to residential areas. Such setback lines shall not be less than the requirements of the official zoning ordinance.

Restrictions requiring buildings to be set back to such building setback lines shall either be shown on the plat or shall be contained in a separate recorded document or site plan and referred to on the plat.

9.1.11.10.

Lot numbering. All lots established for building and common area shall be designated by numbers listed consecutively within a block. Lot numbering may be cumulative throughout the subdivision if the numbering system continues from block to block in a uniform manner.

9.1.11.11.

Blocks.

The lengths, widths, and shapes of blocks shall be determined with due regard to:

Provision of adequate building sites suitable to the special needs of the type of use contemplated.

ii.

Zoning requirements as to lot sizes and dimensions.

iii.

Needs for convenient access, circulation, control, and safety of street traffic.

Block lengths shall not exceed 1,200 feet or be less than 400 feet.

Block widths shall not be less than 200 feet.

Pedestrian crosswalks, not less than 10 feet wide shall be required where deemed essential to provide safety, as required by the planning commission. Crosswalks shall be designed to connect external pedestrian circulation to a site and safely convey pedestrians to the site destination. Crosswalks shall be striped in conformance with section 4.8.6.6.

Required open spaces, playgrounds, parks, schools or other public facilities shall be provided according to requirements of the zoning district in which the subdivision is located.

(Ord. No. 2018-11, 7-17-2018)

Sec. 9.2. - Site plan approval.

9.2.1.

Purpose of site plan review. Site plan review shall be required to ensure compliance with land development code and other ordinances as they apply to designated projects, to expedite procedures necessary for obtaining building permits; to provide the developer with one central review of his development proposal; to conserve the time and efforts of city employees in various departments; and to provide for a speedy processing of applications for building permits on large scale and other projects. A Site plan review fee shall be charged in accordance with the adopted fee schedule.

9.2.2.

Applicability. Unless determined otherwise by the Director of Planning, a site plan review shall be required for proposed development including (but not limited to) any subdivision of property, any residential development of five or more dwelling units except individual building lots already approved, any structures with more than two stories, any commercial development adjacent to property zoned for primarily residential use, any development requiring special or special exception approval, any development located within a flood plain, any commercial development requiring the services of a licensed engineer or architect, or any commercial development within 200 feet of a street intersection, any open parking area to be constructed or enlarged. A site plan review by the planning commission shall be required for all development except the following:

9.2.2.1.

Any residential development of less than five dwelling units.

9.2.2.2.

Any residential, business, or industrial development of one acre or less proposing structures with a cumulative size (within all structures and accessory buildings on the site) of less than 5,000 square feet. Site plans for structures of 5,000 to 10,000 square feet may require approval by the planning commission if determined by the planning director to be a site of interest to the public. Applications for site plans in this size range will be noticed and posted to allow public input which will inform the planning director as to the level of public interest in the site plan.

9.2.2.3.

Any parking area of three or less spaces.

9.2.3.

Pre-application conference sketch plat. Prior to the submittal of any site plan of an applicant may meet with the planning department to discuss the site plan review process. Applicants are advised to submit a sketch plan for informal advice as to the appropriateness of the proposed site plan. This step does not require a formal application, fee, or filing of plat. A pre-application sketch plan should contain the information and be presented in the form listed in the appendix sketch plan standards.

9.2.4.

Procedure. Site plans shall be filed with the director of planning who shall submit the plan to the site plan review committee to determine if all required information has been correctly and sufficiently submitted. No site plan shall be deemed filed and accepted for official review until the director of planning determines that all information required by this section, in appendix A-7, or in any other required ordinance of the City of Oxford has been fully submitted. In all zoning districts other than TND and PUD, a site plan review shall be approvable by the site plan committee (and planning commission when appropriate) as a single review process. For TNDs and PUDs with multiple phases and sub-phases a two-step approval process may be requested allowing approval of a preliminary site plan for each phase independently, and subsequent final site plan approval for sub-phases, following the procedure in section 9.2.10 below.

9.2.5.

Compliance. Once the submitted site plan has been accepted for review, the site plan review committee shall complete their evaluation of the site plan and certify to the director of planning that said site plan does or does not comply with all ordinances of Oxford, Mississippi.

9.2.5.1.

If the site plan does comply and there is no rezoning or other consideration pending, the director of planning shall approve the site plan or forward the approved site plan to the planning commission for approval (as applicable), and so notify the applicant in writing.

9.2.5.2.

If a rezoning application or other consideration is pending, the director of planning shall forward such approved site plan to the planning Commission and the appropriate city departments as applicable along with a written statement that such action is pending, and so notify the applicant in writing.

9.2.5.3.

If it is determined that the site plan does not comply, the site plan review committee shall so specify in what respects it does not comply and what additional information is needed to complete the review of the site plan application. This shall be conveyed in writing by the director of planning to the applicant. Correction of all specified items will be required before further processing of the site plan application.

9.2.6.

Time period for review. In all cases, the site plan review committee shall have up to or a maximum of 45 calendar days from the date the application is determined to be complete to review and recommend either approval, approval with specific conditions, or disapproval of any site plan. The director of planning may, however, extend the time for the site plan review committee's consideration to allow time for the applicant to submit additional information that is needed to complete the site plan application. If the site plan application requires approval by the planning commission, such extension may require that the application not be heard at the originally scheduled review date before the planning commission.

9.2.7.

For an application verified as complete, should the 45-day period expire without action by the committee, the director of planning shall add the application to the agenda of the planning commission for resolution at their next regularly scheduled meeting.

9.2.8.

Validity. A site plan approval is valid for 18 months. If permits have not been issued within the timeframe, the site plan is voided unless extended by the planning director. The director may extend the site plan approval for 12-month increments, annually. In considering the extension of any site plan, the director may take into account whether any significant progress has been made toward the completion of all elements of the approved site plan. Any site plan which has not been completed, with occupancy permits issued, within five years shall become subject to any applicable modifications to the land development code.

9.2.9.

Site plan amendment procedure. Should the developer of an approved site plan wish to modify any element of the approved site plan; the director of planning shall determine if the modification is significant enough to require approval by the planning commission. Minor waivers, as authorized in this article, may be approved by the director of planning. Appeals of such decisions would be to the planning commission.

9.2.10.

Site plan review conditions and approval.

9.2.10.1.

The site plan submitted for such development as defined in this section shall provide that the:

Proposed lot sizes, lot coverage, density, setback provisions, key map showing entire project and its relation to surrounding areas, roads, and water courses, and other factors are in conformity with the requirements of this section and other applicable ordinances and laws.

It must be determined to have fully complied with the following: Use standards of article 3, mobility and infrastructure standards of article 4, site design and landscaping plan requirements of article 5, tree preservation requirements of article 6, the Signage requirements of Article 7, and the requirements for a certificate of zoning compliance in section 9.8.

9.2.10.2.

In addition to such general considerations, said plan shall be approved only after a consideration of the following factors:

Ingress and egress to the property and any proposed structures with particular reference to vehicular, bicycle and pedestrian safety, traffic flow and control, provision of services and servicing for utilities, and access in case of fire or catastrophe. The routing of vehicle traffic to and through minor residential streets is discouraged.

Stormwater management plan in accordance with the requirements of chapter 98, article V, Stormwater Management ordinance for the City of Oxford.

Proposed development should provide for proper surface drainage so that removal of surface waters will not adversely affect neighboring properties or public storm drainage systems and will, so far as practical, conserve the water resources of the area and avoid flooding, erosion, and detrimental depositing of sediments of any kind. No water shall be impounded on roofs, canopies, or paved areas.

ii.

Surface water shall be disposed of in a manner consistent with sound engineering and ecological practices.

iii.

The drainage system will be designed so that, except in unusual circumstances, the rate of runoff of surface water from the site in the condition in which it is proposed to be developed will not exceed the rate of runoff from the site in its undeveloped or existing condition.

iv.

Drainage shall be in compliance with the requirements for stormwater in chapter 98, article V of the City of Oxford Code of Ordinances.

Conditions on ownership, control and use generally, and conditions on ownership, control, use, and maintenance of open space or common lands to ensure preservation of such lands for their intended purposes.

All utility connections shall be indicated and shall be in conformity with the standards and requirements for connection to utility companies proposed to serve the property whether said utility companies are public or private.

Off-street parking and loading areas, with attention to automotive and pedestrian safety, traffic flow and control, access in case of fire and catastrophe, and screening and landscaping.

Recreation and open spaces, with attention to the location, size, and development of the areas as to adequacy, effect on privacy of adjacent and nearby properties, and relationship to community-wide open spaces and recreation facilities.

General site arrangement, amenities, and convenience, with particular reference to ensuring that appearance and general layout of the proposed development will be compatible and harmonious with properties in the general area and will not be so at variance with other development in the area as to cause a substantial negative impact on such property values.

Disposal of waste: Adequate provision for the disposal of all solid, liquid and gaseous wastes and for the avoidance of odor and other air pollutants that may be generated at the site. All applicable pollution control standards shall be observed.

Noise: All applicable regulations dealing with control of outside noise expected to be generated at the site shall be complied with.

All setbacks, parking areas, and accessory structures shall be landscaped, located and constructed so as not to interfere with the use of the surrounding property.

Outside storage areas, service, and machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be subject to setbacks, screen plantings, or other screening methods as required to prevent adverse effect to the environment or nearby property.

Traffic impact analysis. At the discretion of the public works department or when any proposed site plan is expected to generate over 100 peak trips, 500 trips in an average day. (See traffic generation threshold table in appendix.)

Complete street plan. A complete street plan shall be submitted for consideration by public works that includes all existing and proposed infrastructure as it relates to the balancing of bicycle and pedestrian access within the proposed development and the connecting roadways. The plan should address how users on foot or bicycle will navigate into, around, and through the development in compliance with the alternative transportation goals stated in the Vision 2037 Comprehensive Plan.

For any development proposing common ownership of any elements, common ownership documents, with provision for a property owners' association must be provided before final approval. These must include:

Projected date of organization.

Organizations structure, included planned timeline for transfer of control from the developer to the association.

Diagram of areas to be held in common.

Initial estimated fees for the property function of the association.

Plan for collective shared maintenance of common areas, including stormwater detention facilities.

9.2.10.3.

Site restoration performance bonding. Prior to the issuance of any development permits for all developments requiring site plan approval and exceeding $250,000.00 in estimated construction costs, the developer/owner shall post and maintain a site restoration performance bond or certified check with no less than three years' expiration date to the City of Oxford for an amount not less than 20 percent of the estimated cost of tree mitigation of all significant trees as shown on the tree inventory and 150 percent of the estimated cost to solid sod all disturbed areas as approved by the director of planning and development.

The site restoration performance bond, or certified check with a notarized statement of intent, shall be provided to guarantee to the city that should the city declare the site or a portion of the site abandoned the site will be restored in accordance with the minimum requirements. If a performance bond is provided, the development and/or the surety company will become obligated to restore the site in accordance with the stated minimum requirements.

If a certified check is provided, the notarized statement of intent shall guarantee the right of the city to access the property to restore the site, or have the site restored, in accordance with the minimum requirements. The notarized statement of intent to allow access which shall accompany the certified check shall include the following language:

Statement of Intent to Authorize Access to Perform Site Restoration

I NAME, developer/owner of and on behalf of NAME OF DEVELOPMENT, approved for SITE PLAN/SUBDIVISION on DATE by the City of Oxford Planning Commission and/or Mayor and Board of Aldermen; agree that if the City of Oxford should declare the site or a portion of the site where NAME OF DEVELOPMENT is abandoned, the City shall have the right to utilize the attached check #NUMBER and to access this property to restore the site, or to have the site restored, in accordance with the minimum requirements as outlined in Sec. 9.2.102. of the City of Oxford Land Development Code. This right shall be extended to any future owner of this development.

NAME
ADDRESS
PHONE

The minimum work required to restore the site shall be solid sodding of all disturbed areas and trees planted in accordance with the tree mitigation requirements as required by the landscape ordinance and approved by the director of planning, but not to exceed the amount of the site restoration bond, certified check, or letter of credit.

Factors that are evidence of site abandonment, or portions of a site abandonment, include but are not limited to the following. All factors do not have to be present for the city to declare the site or a portion of the site abandoned; however, subsections i. and ii. must apply:

Eighteen months have elapsed since final site plan, development plan or subdivision plat approval with no building permits issued;

ii.

Six months have elapsed since issuance of a building permit without construction activity underway on the site;

iii.

No documented substantial work is being performed on the site and/or structures based on three separate visual site inspections by city staff occurring weekly for three consecutive weeks;

iv.

Within 45 days for a single-family structure and within six months for all other structures from the issuance of a building permit and the foundation and slab are not completed;

Within six months for a single-family residential structure and within 12 months for all other structures after the issuance of a building permit and the framing, electrical, and plumbing are not completed;

vi.

Within 12 months for a single-family residential structure and within 18 months for all other structures after the issuance of a building permit and the certificate of occupancy has not been issued;

vii.

Abandonment. After a determination has been made by the planning director that a site has been abandoned, a certified letter will be sent by the city to the developer/owner/surety company notifying them that they have the opportunity to request, within 30 days from the date of the certified letter, one six-month extension from the planning director before the city initiates site restoration activities by contacting the surety company. The director of planning will consider the factors listed above when considering if a six-month extension is warranted and the extension is solely at the discretion of the building official.

Site restoration activities may also include, at the discretion of the director of planning debris removal, seeding, sodding, tree and vegetation installation, correction of public safety hazards (including but not limited to structures open to the elements, incomplete infrastructure improvements that pose a public safety hazard, and incomplete streets that cannot accommodate public safety vehicles), and as much as possible, re-establishment of the site's original topography. The site restoration performance bond, certified check, or letter of credit shall be in effect until a certificate of occupancy is issued by the City of Oxford. The developer/owner shall notify the director of planning and development in writing within 15 days of any proposed changes in the status of the bond, certified check, or letter of credit. The director of planning and development must approve any changes of the bond, certified check, or letter of credit.

9.2.11.

Procedure for preliminary and final site plans for TND and PUD districts.

9.2.11.1.

Compliance. Once the submitted preliminary or final site plan has been accepted for review, (as outlined in section 9.2.3) the site plan review committee shall complete their evaluation of the site plan and certify to the director of planning that said site plan does or does not comply with all applicable ordinances of Oxford, Mississippi.

If the preliminary or final site plan does comply and there is no rezoning or other consideration pending, the director of planning shall approve the site plan or forward the approved site plan to the planning commission for approval and so notify the applicant in writing.

If a rezoning application or other consideration is pending, the director of planning shall forward such approved preliminary or final site plan to the planning commission and the appropriate city departments along with a written statement that such action is pending, and so notify the applicant in writing.

If it is determined that the preliminary or final site plan does not comply, the site plan review committee shall so specify in what respects it does not comply and what additional information is needed to complete the review of the site plan application. The director of planning shall give this information to the applicant in written form; and all specified items must be corrected before further processing of the site plan application.

9.2.11.2.

Time period for review. In all cases, the site plan review committee shall have up to or a maximum of 45 days from the date of filing to review and recommend either approval, approval with specific conditions, or disapproval of the preliminary or final site plan being evaluated. The director of planning may, however, extend the time for the site plan review committee's consideration to allow time for the applicant to submit additional information that is needed to complete the site plan application. If the preliminary or final site plan application requires approval by the planning commission, such extension may require that the application not be heard at the originally scheduled review date before the planning commission.

9.2.11.3.

Action of the committee binding. Subject to approval by the planning commission and the mayor and board of aldermen (if required), action of the site plan review committee shall be binding on all city departments as far as final site plan approval for obtaining a building permit is concerned. For an application verified as complete, should the 45-day period expire without action by the committee, the director of planning shall immediately forward the application to the planning commission for resolution at their next regularly scheduled meeting.

9.2.11.4.

Validity. A preliminary site plan approval shall be valid for 12 months before a final site plan must be submitted for review for the established sub-phases of the development. A final site plan approval shall be valid for 18 months before permits must be issued to the developer. If permits are not issued as required, the site plan is then voided subject to the annual review of the director of planning.

9.2.11.5.

Site plan amendment procedure. Should a developer with an approved preliminary or final site plan wish to modify any element of the approved site plan; the director of planning shall determine if the modification is significant enough to require approval by the planning commission. Minor waivers, as authorized in this article, may be approved by the director of planning in consultation with applicable members of the site plan committee. Appeals of such decisions shall be to the planning commission.

9.2.11.6.

Preliminary site plan review factors for approval. Site plans shall provide sufficient information to ensure:

That the proposed lot sizes, lot coverage, density, setback provisions, and (on the map showing the entire project and its relation to surrounding areas) that roads, and water courses, and other factors are in conformity with the requirements of this section and other applicable ordinances and laws; and

That the preliminary site plan substantially complies with the following: Use standards of article 3, mobility and infrastructure standards of article 4, site design and landscaping plan requirements of article 5, tree preservation requirements of article 6, and the signage requirements of article 7.

That proposed ingress and egress to the property and any proposed structures with particular reference to vehicular bicycle, and pedestrian safety, traffic flow and control, provision of services and servicing for utilities, and access in case of fire or catastrophe meet city standards. The routing of substantial vehicle traffic through minor residential streets is discouraged.

Stormwater management plan in accordance with the requirements of chapter 98, article V, stormwater management ordinance for the City of Oxford.

ii.

Surface water shall be disposed of in a manner consistent with sound engineering and ecological practices.

iii.

iv.

Drainage shall be in compliance with the requirements for stormwater per chapter 98, article V of the City of Oxford Code of Ordinances.

That all proposed utility connections shall be indicated and shall be in conformity with the standards and requirements for connection to utility companies proposed to serve the property whether said utility companies are public or private.

That the preliminary proposals for off-street parking and loading areas reflect attention to automotive and pedestrian safety, traffic flow and control, access in case of fire and catastrophe, and initial concepts for required screening and landscaping.

That the preliminary proposals for recreation and open spaces, reflect attention to the impact of the proposed location, size, and development of the areas as to adequacy, effect on privacy of adjacent and nearby properties, and relationship to community-wide open spaces and recreation facilities.

That the proposed density, design, and/or purpose of the development reflect attention to its relationship to adjacent and nearby properties; and result in minimal degradation of unique or irreplaceable land types.

That adequate provision is made for the disposal of all solid, liquid and gaseous wastes and for the avoidance of odor and other air pollutants that may be generated at the site. All applicable pollution control standards shall be observed.

That all setbacks, parking areas, and proposed accessory structures are located where they do not interfere with the use of the surrounding property.

That all infrastructure has been planned and provided for to address how users entering on foot or bicycle will navigate into, around, and through the development in compliance with the alternative transportation goals in the Vision 2037 Comprehensive Plan.

9.2.11.7.

Final site plan review factors for approval. Site plans shall provide sufficient information to determine:

That the final site plan has fully complied with the following: Use standards of article 3, mobility and infrastructure standards of article 4, site design and landscaping plan requirements of article 5, Tree preservation requirements of article 6, and the signage requirements of article 7.

That all required conditions on ownership; control and use generally; and conditions on ownership, control, use, and maintenance of open space or common lands to ensure preservation of such lands for their intended purposes have been submitted and approved.

That all off-street parking and loading areas meet all screening and landscaping reqirements.

That all proposed recreation and open spaces; considering their location, size, and facilities; adequately provide privacy for adjacent and nearby properties, and have a relationship to any community-wide open spaces and recreation facilities.

That the proposed site plan reflects compliance with all applicable regulations dealing with control of outside noise expected to be generated at the site.

That all setbacks, parking areas, and accessory structures meet the landscaping and screening requirements of this ordinance.

That all proposed outside storage areas, service, and machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures meet all requirements for setbacks, screen plantings, or other screening methods as required to prevent adverse effect to the environment or nearby property, as required in this ordinance.

That all infrastructure has been planned and provided to address how users on foot or bicycle will navigate into, around, and through the development in compliance with the alternative transportation goals stated in the Vision 2037 Comprehensive Plan.

9.2.12.

Construction staging plan. As the city desires all construction projects to minimize the impact on neighboring properties and the general public a construction staging plan will be required for all commercial building projects, large subdivisions, master planned developments, multi-family projects and other projects as required by the site plan review committee. A construction staging plan shall include:

9.2.12.1.

Information required. A construction staging plan shall include:

Information regarding the site layout of temporary construction measures that will be used to protect the general public in the vicinity of the work site.

Where materials are to be staged on or off the site.

The timeline of the construction project.

Plans to ensure that access to any meter or equipment used by the city for utility service shall not be blocked.

Walkways: Shall be provided in accordance with current building code adopted by the City of Oxford.

Directional barricades: Shall be provided in accordance with current building code adopted by the City of Oxford. Jersey barricade or similar protections shall be installed as directed by the city engineer.

Barriers: Provide in accordance with current building code adopted by the City of Oxford and as follows.

Openings in barriers shall be protected by lockable doors with key(s) placed into the Knox box (see below). Indicate the location of all doors. Doors shall be locked at all times construction workmen are not on the site.

Covered walkways: Shall be provided in accordance with current building code adopted by the City of Oxford. Covered walkways shall be installed where walkways open to pedestrian traffic are located within 15 feet horizontally of any construction work occurring higher than 15 feet above grade.

Temporary construction fence: Temporary construction fence may be installed in lieu of a barrier along portions of the perimeter of a construction site as follows:

The fence shall be a minimum eight feet high chain link fence with opaque fabric installed full height on the inside surface to reduce view into the site and control dust.

ii.

The fence shall be secured with posts driven into the ground at eight feet on center maximum spacing to maintain the fence in a plumb condition at all times.

iii.

Openings in fence shall be protected by lockable gates with key(s) placed into the Knox box (see below). Indicate location of all gates. Gates shall be locked at all times construction workmen are not on the site.

Protection of adjoining property.

Provide protection in accordance with IBC 3307.1.

ii.

All physical means of protection shall be indicated on the construction staging plan.

iii.

A construction staging plan shall indicate directional routes for constructions vehicles away from adjoining residential streets to the greatest possible extent.

iv.

Litter and construction debris shall be disposed of daily.

Construction sign: Indicate the location of the sign which shall be secured to a barrier or temporary construction fence. The sign shall display the following verbiage:

"CONSTRUCTION SITE-NO TRESPASSING."

ii.

The contractor's name and 24-hour emergency contact telephone number.

iii.

The barrier and/or fence contractor's name and 24-hour emergency contact telephone number.

iv.

Knox box: Indicate location of a Knox box containing keys to allow the fire department ready access to the construction site and locked structures thereon. The Knox box style and mounting location shall be approved by the fire department.

Pedestrian traffic control devices: Indicate location and verbiage for sidewalk closure signage, i.e. "SIDEWALK CLOSED AHEAD-USE SIDEWALK ACROSS STREET," etc.

vi.

Vehicular traffic control devices: Indicate location of Jersey Barriers or other devices to be used for sectioning off roadways for material movement activities or placement of crane. Jersey barriers shall be fitted with flashing lights at each end and at 50 foot intervals in between.

Traffic: Directional routes for constructions vehicles shall be established that direct construction traffic away from adjoining residential streets to the greatest possible extent.

Dumpster: Indicate size and location of the dumpster to be used for construction debris.

Construction staging area: Indicate location of construction staging areas, including the location of construction hoists, cranes, delivery areas and fabrication areas.

Material storage: Indicate location of the area to be used for storage of construction materials to be incorporated into the work.

Fire Extinguishers: Provide in accordance with current building code adopted by the City of Oxford and as directed by the fire department.

Porta-potty: Indicate the location of portable or temporary toilet facilities.

Traffic plan: Provide drawing or written narrative indicating proposed street paths to be used for movement of equipment and debris.

Parking plan: Provide drawing or written narrative indicating proposed parking areas to be used for parking for construction workers. Parking permits may be required.

Temporary water: Indicate location of temporary water source or public hydrant to be used for construction water. A hydrant meter deposit is required for the use of all city hydrants for construction purposes.

Operation of sidewalks and bicycle lanes. Provide a narrative detailing how existing sidewalks and bicycle lanes will be kept free of signs, debris, or other obstructions in order to remain open and accessible at all times. If there are known times that the sidewalk or bicycle lane must be blocked, provide detailed explanation of the reason, time period, and alternate route to be made available to the public to the City Engineer for approval. Narrative should also include the name and contact information for the person responsible for daily checks of all sidewalks and bicycle lanes for compliance with the construction staging plan.

9.2.12.2.

Modification to a construction staging plan. Modification to the staging plan will not require a formal amendment to site plan provide the modification is approved by the director of planning, chief of police, chief of the fire department, director of planning, and director of public works or their designated representative.

9.2.13.

Decisions of the planning commission. Whenever application for a site plan approval has been denied by the planning commission, then the planning commission shall not consider any further petition requesting the same or substantially the same change or amendment for the same property within six months from the date of the planning commission's final legal action on that petition or from the date of the planning commission's decision of that petition. For the purpose of this section, any petition withdrawn prior to a decision by the planning commission may be resubmitted without regard to the six-month limitation.

(Ord. No. 2018-11, 7-17-2018; Ord. No. 2018-21, § V, 10-16-2018; Ord. No. 2025-2, § I, 1-21-2025)

Sec. 9.3. - Special exceptions.

9.3.1.

Conditions governing applications, procedures. The planning commission is authorized to hear and decide special exceptions as specifically authorized in this ordinance; to decide such questions as are involved in determining whether special exceptions with such conditions and safeguards as are appropriate under this ordinance, or to deny special exceptions when not in harmony with the purpose and intent of this ordinance. A special exception shall not be granted by the planning commission unless and until:

9.3.1.1.

A written application for a special exception is submitted indicating the section of this ordinance under which the special exception is sought and stating the grounds for which it is requested.

9.3.1.2.

Notice shall be given at least 15 days in advance of the public hearing. The owner of the property for which exception is sought or his agent shall be notified by mail. Notice of such hearing shall be posted on the property for which special exception is sought in the same manner as required in section 9.7, at the city hall.

9.3.1.3.

The public hearing shall be held. Any party may appear in person or by agent or attorney;

9.3.2.

Special exceptions approval.

9.3.2.1.

Every special exception authorized shall not be personal to the applicant but shall be transferable and shall run with the land so long as the conditions under which the exception was granted continue. The special exception shall expire if the use granted ceases for more than 12 months.

9.3.2.2.

In granting any special exception, the planning commission may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this ordinance and punishable under section 9.1.1 of this ordinance.

9.3.2.3.

The planning commission may prescribe a time limit within which the action for which the special exception is required shall be begun or completed or both. Failure to begin or complete or both, such action within the time limit set shall void the special exception approval. If a specific time is not set, the special exception shall expire within 18 months if no building permit has been issued.

9.3.2.4.

The planning commission may make a finding that it is empowered under the section of this ordinance described in the application to grant the special exception and that granting the special exception will not adversely affect the public interest. If a specific time is not set, the special exception shall expire within 18 months if no building permit has been issued.

9.3.2.5.

When considering any special exception, the planning commission must determine whether to approve a requested special exception, with any conditions and safeguards determined to be appropriate under this ordinance; or to deny the special exception when determined to be not in the public interest.

9.3.3.

Decisions of the planning commission. Whenever application for a special exception has been denied by the planning commission, then the planning commission shall not consider any further petition requesting the same or substantially the same change or amendment for the same property within six months from the date of the planning commission's final legal action on that petition or from the date of the planning commission's decision of that petition. For the purpose of this section, any petition withdrawn prior to a decision by the planning commission may be resubmitted without regard to the six-month limitation.

(Ord. No. 2025-2, § I, 1-21-2025)

Sec. 9.4. - Variances.

9.4.1.

Variance application and criteria. A variance from the terms of this ordinance shall not be granted by the planning commission unless and until written application for a variance is submitted demonstrating:

9.4.1.1.

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;

9.4.1.2.

That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance;

9.4.1.3.

That the special conditions and circumstances do not result from the actions of the applicant;

9.4.1.4.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; and

9.4.1.5.

Notice of public hearings shall be given as in section 9.9.

9.4.2.

Public hearing and findings.

9.4.2.1.

A public hearing shall be held. Any party may appear in person, or by an agent or by an attorney.

9.4.2.2.

The planning commission shall make findings that the situation described in the application meets the conditions required by section 9.4.2.3 and section 9.4.2.4 below.

9.4.2.3.

The planning commission shall further make a finding that the reasons stated in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

9.4.2.4.

The planning commission shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious or otherwise detrimental to the public welfare.

9.4.2.5.

In granting any variance, the planning commission may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under section 9.10. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

9.4.2.6.

Under no circumstances shall the planning commission grant a variance to allow a use not permissible under the terms of this ordinance in the zoning district involved, or any use expressly or by implication prohibited by the terms of this ordinance in that zoning district.

9.4.3.

Decisions of the planning commission. Whenever application for a variance or has been denied by the planning commission, then the planning commission shall not consider any further petition requesting the same or substantially the same change or amendment for the same property within six months from the date of the planning commission's final legal action on that petition or from the date of the planning commission's decision of that petition. For the purpose of this section, any petition withdrawn prior to a decision by the planning commission may be resubmitted without regard to the six-month limitation.

(Ord. No. 2025-2, § I, 1-21-2025)

Sec. 9.5. - Interpretations and appeals.

9.5.1.

Administrative interpretations.

9.5.1.1.

In the event there is a question concerning the general intent or meaning of any provision of this ordinance, or the positioning of district boundaries, or of district designation, or other matters relating to the official zoning map, the director of planning shall have the right to make such administrative decisions and interpretations.

9.5.1.2.

Administrative interpretation shall in no manner be construed as permitting or granting a variance to the provisions of this land development code. An administrative interpretation may be appealed to the planning commission.

9.5.1.3.

Waivers from standards. The planning director may authorize waivers from the strict application of certain standards which derive from unusual situations that create practical difficulty but does not substantially change the intent of the standards in this ordinance, up to ten percent more than the applicable standard. Standards appropriate for such waivers are limited to lot frontage, parking, setbacks, height, retaining wall height or length, required lot area, lot coverage, or modifications to address life safety requirements. Also, for corner residential lots, the director or may make a determination as to placement of accessory structures or parking, based on the orientation of the dwelling.

If a waiver is granted, a sign shall be posted for a minimum of two weeks noted that a waiver has been granted; and providing contact information for questions about the nature of the waiver. In addition, notice of the waiver shall be noted on the agenda of the next meeting of the planning commission. Any decision of the director is appealable by the applicant or any aggrieved party the planning commission; and such party may make such appeal for up to two weeks after the planning commission meeting where the waiver is noted on the published agenda.

9.5.2.

Appeals to the planning commission or mayor and board of aldermen. An appeal to the planning commission concerning interpretation or administration of this ordinance may be taken by any persons aggrieved by any decision of the applicable administrative official. Notice of any such interpretation shall be noted by means of publishing it on the next available agenda of the planning commission. Such appeals shall be made within 14 days after the interpretation is noted on the agenda of the planning commission.

An appeal of a decision by the planning commission to the mayor and board of aldermen must be made within 14 days after the decision of the planning commission. Once such appeal is made, the designated administrative official will transmit to the commission or mayor and board of aldermen as appropriate all papers constituting the record upon which the action appealed from was taken.

9.5.2.1.

The date for hearing. The administrative official shall set the date of public hearing for an appeal to the planning commission at their next regular meeting, provided that sufficient time is available for the required public notice as well as due notice to the parties in interest. The planning commission shall decide the matter within 60 days following the date of hearing. At the hearing, any party may appeal in person or by agent or attorney.

Should any party of interest wish to appeal the decision of the planning commission to the mayor and board of aldermen, the city clerk will set the date of the appeal.

9.5.2.2.

Stay of proceedings. If an appeal is filed, the underling application will not be heard by the planning commission or mayor and board of aldermen until the appeal is resolved.

9.5.2.3.

In exercising the above mentioned powers the planning commission or mayor and board of aldermen may, so long as such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have powers of the administrative official from whom the appeal is taken.

9.5.2.4.

The concurring vote of a majority of members of the commission or of the mayor and board of aldermen present and voting shall be necessary to reverse any order, requirement, decision, or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variance in the administration of this ordinance.

9.5.3.

Duties of administrative officials, planning commission, mayor and board of aldermen, and courts on matters of appeal. All questions of interpretation and enforcement are to be firs presented to the appropriate administrative official, and any such questions will be presented to the planning commission only on appeal from the decision of that administrative official, and that recourse from decisions of the planning commission regarding interpretations and enforcement, including any decision concerning variances and special exceptions, are to the mayor and board of aldermen and then to the courts as provided by law.

(Ord. No. 2018-20, § I, 10-2-2018)

Sec. 9.6. - Land development code amendments.

9.6.1.

Amendment authority. The mayor and board of aldermen may, from time to time, on its motion or on petition from a property owner, or on recommendation of the Oxford Planning Commission amend the regulations and districts herein established. No change in regulations, restrictions or district boundaries shall become effective until after a public hearing has been held in relation thereto by the Oxford Planning Commission at which parties in interest and citizens shall have an opportunity to be heard. Every proposed amendment shall be referred to the Oxford Planning Commission for recommendation. When an application has been made to the planning commission for the change in regulations or district boundaries, the applicant shall, prior to the holding of a public hearing on such application, fully comply with the procedures set out in section 9.7.

9.6.2.

Amendment procedure.

9.6.2.1.

Declaration of public policy. For the purpose of establishing and maintaining sound, stable and desirable development within the territorial limits of Oxford, this ordinance, of which the zoning map is a part, shall not be amended except to correct a manifest error in the ordinance or, because of changed or changing conditions in a particular area or in the municipality generally, to further the goals of the adopted comprehensive plan, to rezone an area or to extend the boundary of an existing district, or to change the regulations and restrictions thereof, only as reasonably necessary to the promotion of the public health, safety or general welfare.

9.6.2.2.

Subject to the amending authority established in section 9.6.1., and the declaration of public policy ([section] 9.6.2.1), an amendment to the official zoning map may be initiated as noted in section 9.6.3.1; and amendments to the zoning code may be initiated by the board of aldermen on its own motion or upon a recommendation by the planning director or the planning commission, or upon the written request of the owner(s) of the property proposed for change, or the owner's authorized representative.

9.6.2.3.

Limitations on all proposed amendments. All proposed amendments to this ordinance, regardless of how or by whom initiated, shall be subject to the following limitations:

Administrative examination. No amendment to this ordinance shall be adopted until the amendment has been examined by the city planning commission as hereinafter set forth and the recommendation of the city planning commission obtained.

Uniformity of district regulations and restrictions. No amendment to this ordinance shall be adopted whereby the regulations and restrictions established thereby are not uniform for each district having the same classification and bearing the same symbol or designation on the official zoning map.

Compatibility of new districts with surrounding districts. No amendment to this ordinance shall be adopted which establishes a new district, regardless of size, which permits uses not compatible with the uses of surrounding districts or which violates the purpose of this ordinance as stated in section 1.6.

Effect of protest to an amendment of zoning map. In case of a protest against such change signed by the owners of 20 percent or more, either of the area the lots included in such proposed change, or of those immediately adjacent to the rear thereof, extending 160 feet therefrom or of those directly opposite thereto, extending 160 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of two-thirds of all the members of the board of aldermen.

9.6.3.

Applications for amendments.

9.6.3.1.

By whom made. Amendments may be initiated as authorized in [section] 9.6.2.2.

9.6.3.2.

Filing of applications. All applications for amendments to this ordinance shall be filed with the director of planning.

9.6.3.3.

Contents of applications. Without in any way limiting the right to file additional material, no application for an amendment to this ordinance will be considered unless it contains:

The applicant's name, address and interest in the application, and the name, address, and interest of every person, firm, corporation or political subdivision represented by the applicant interested in the application.

A description of the proposed amendment to the text of the ordinance or the zoning map.

For a map amendment, a plat showing the land area which would be affected by the proposed amendment, the present zoning classification of the area and of all abutting properties, all public and private rights-of-way and easements bounding and intersecting the designated area and abutting properties.

The error in the ordinance that would be corrected by the proposed amendment or changed or changing conditions in the applicable area or in the municipality generally that make the proposed amendment reasonably necessary to the promotion of the public health, safety or general welfare.

9.6.4.

Procedure for review.

9.6.4.1.

Application processed by planning director. Upon receipt of an application for an amendment, supplement, change, modification or repeal, of the zoning regulations, restrictions or boundaries properly and completely made as required, the director of planning shall set the date of the hearing before the planning commission and notice the hearing as required. The director of planning will then transmit copies of the application to the Oxford Planning Commission with staff evaluation for review prior to the hearing. The planning commission may, after examination of the application, and if considered necessary, require that the applicant furnish additional reasonable and pertinent information.

9.6.4.2.

Disposition by planning commission upon receipt of an application for an amendment, supplement, change, modification or repeal of the zoning regulations, restrictions or boundaries from the director of planning, the Oxford Planning Commission shall hold a public hearing on the matter after publication of notice as required by law. Upon conclusion of the public hearing, the director of planning shall forward to the mayor and board of aldermen the recommendation of the Oxford Planning Commission, and its findings in the matter, if any.

9.6.4.3.

Final disposition by mayor and board of aldermen within 90 days after the date set in the case, advertisement, receipt of the planning commission minutes and conclusion of a public hearing, the mayor and board of aldermen shall either approve or deny, in whole or in part, the decision and recommendation of the Oxford Planning Commission. Where there is a need for additional information, the Board of Aldermen may remand the case to the Oxford Planning Commission for further consideration, in accordance with the provisions of the Mississippi Code Annotated, section 17-1-17 (1972) [MCA 1972, § 17-1-17].

Sec. 9.7. - Public notice requirements.

9.7.1.

Public hearing required. No change in regulations, restrictions or district boundaries or to the land development code shall become effective until after a public hearing has been held regarding such by the Oxford Planning Commission; and no variance, site plan, or subdivision, special exception or appeals heard regarding interpretations of the director of planning until after a public hearing has been held regarding by the appropriate administrative body, at which parties in interest and citizens shall have an opportunity to be heard.

9.7.2.

Exemption. These provisions do not apply when there is a proposal to enact an entire new ordinance to change the text as a whole or to change all or part of the zoning district map or multiple parceled areas, or both, in which event the procedure set out in sections 17-1-3 through 17-1-21 inclusive of the Mississippi Code of 1972 as amended [MCA 1972, §§ 17-1-3—17-1-21] and supplemented shall be followed.

9.7.3.

Application. Wherever in this ordinance reference is made to this section regarding procedures for public hearings and application for hearings, an application shall be made in the department of planning office and shall include the following:

9.7.3.1.

Name and address of the applicant;

9.7.3.2.

For a proposal to amend the text of the ordinance, the proposed amended language;

9.7.3.3.

For a change related to property;

9.7.3.4.

The name and address of the owner of the property or person who has have legal authority to act for the owner;

9.7.3.5.

The present zoning classification;

9.7.3.6.

The proposed zoning classification and/or use permit requested, or variance requested;

9.7.3.7.

A legal description of the property;

9.7.3.8.

A sketch plan showing the location and intended use of the site;

9.7.3.9.

Any fees or charges established; and

9.7.3.10.

Any other reasonable material that the Oxford Planning Commission may determine pertinent to the application.

9.7.4.

Noticing requirement. Public hearings shall be noticed in print when required, on the City of Oxford Website, and where applicable, on-site as noted below:

9.7.4.1.

Published notice. At least 15 days in advance of the public hearing date for a request for modification to the land development code or zoning map, notice of the time and place of such hearing shall be published in an official newspaper of general circulation in Oxford Mississippi in the manner prescribed by state law. Such print notice may be placed in such newspaper for other public hearings, but Website notice may also be used.

9.7.4.2.

Posted notice. Notice of such hearing shall be posted on the property for which a special exception, variance, site plan or zone change is requested at least 15 days prior to the date of said hearing which shall show the time, date and place of said hearing, the date of the notice and the name of the director of planning and contacts for information.

9.7.4.3.

Website notice. At least 15 days in advance of the public hearing date for a request for any public hearing other than a modification to the land development code or zoning Map, notice of the time and place of such hearing shall be posted on the City of Oxford Website. Such notice may also be published as noted in [section] 9.7.4.1.

9.7.5.

Public hearing procedure.

9.7.5.1.

The planning commission shall hold a public hearing within 60 days after the later of (a) the date of filing of the application or (b) receipt of the site plan review committee's recommendation, if site plan review is required.

9.7.5.2.

If scheduling such public hearing would extend the meeting agenda of the planning commission beyond the maximum length set by commission policy, the public hearing shall be held at the next regularly scheduled meeting.

9.7.5.3.

Applications requiring approval by the planning commission shall not be heard before a submittal determined to be complete has been on file with the director of planning for at least 45 days, to allow sufficient time for review and evaluation by all applicable departments. The planning director may allow applications to proceed within a shorter time of review.

9.7.5.4.

When applicable, the Oxford Planning Commission shall, per the adopted public hearing rules, within ten days of the final hearing, transmit to the mayor and board of aldermen for action its findings and recommendations or actions.

9.7.6.

Limitation on rehearing. Whenever a petition is filed requesting a change or amendment to the zoning map, and said petition has been finally acted upon by the mayor and board of aldermen, then the mayor and board of aldermen shall not consider any further petition requesting or proposing the same or similar change or amendment for the same property within six months from the date of the final action of the mayor and board of aldermen on said petition, provided, however, that said petition has been officially advertised. For the purpose of this section, a withdrawal shall be considered valid only if the matter is withdrawn by the applicant before it is presented.

(Ord. No. 2018-11, 7-17-2018)

Sec. 9.8. - Certificate of zoning compliance.

9.8.1.

Existing, new, altered uses. It shall be unlawful to use or occupy or permit the occupancy of any building or premises, or both, or part thereof hereinafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance has been issued by the director of planning stating that the proposed use of the building or land conforms to the requirements of this ordinance. Failure to obtain a certificate of zoning compliance shall be a violation of this ordinance.

9.8.2.

Nonconforming uses. No nonconforming structure, use, lot, or feature shall be maintained, renewed, changed, or extended until a certificate of zoning compliance has been issued by the director of planning. The certificate of zoning compliance shall specifically state how the existing condition creating the nonconformity differs from the provisions of this ordinance. The burden of proof, based on public records, as to the legality of the nonconforming use rests with the property owner and may require a notarized affidavit submitted by the owner stating such as part of the application in the absence of satisfactory records).

9.8.3.

No permit for the erection, alteration, moving, or repair of any building shall be issued until an application has been made, and the certificate shall be issued, in conformity with the provisions of this ordinance upon completion of the work prior to the issuance of the zoning compliance.

9.8.3.1.

Prior to the issuance of a building permit, and prior to the installation of a building slab or conventional foundation, property lines, setbacks lines (front, side and rear yards), and building footprints shall be staked by a licensed surveyor or engineer. Once setbacks are staked, the City of Oxford Planning Department must be given adequate notice and staff will perform an inspection to confirm compliance with the zoning district setback regulations. Once confirmed, the planning department will notify the building department with a letter of compliance for setbacks for the issuance of a building permit.

9.8.4.

The director of planning shall maintain a record of all certificates of zoning compliance, and a copy shall be furnished upon request to any person, in compliance with the public records act.

9.8.5.

Moving permits. The moving or relocation of any building or structure shall require a moving permit from the building department and a certificate of appropriateness from the Oxford Historic Preservation Commission or the courthouse square historic preservation commission as pertinent.

(Ord. No. 2018-11, 7-17-2018)

Sec. 9.9. - Administration of neighborhood conservation districts.

9.9.1.

Establishment of a neighborhood conservation district.

9.9.1.1.

Zoning designation.

Neighborhood conservation districts are designed as overlays to the regular zoning districts. Property designated within these districts must also be designated as being within one of the general use districts.

Neighborhood conservation overlay districts may also lie within a historic overlay district. In such case, historic district standards take precedence.

Authorized uses must be permitted in both the general use district and the overlay district. Property designated as a neighborhood conservation district may have additional designations. Such property shall comply with all applicable use restrictions.

Separate ordinances are required to designate each district. Ordinances designating each neighborhood conservation district shall identify the designated district boundaries, and specify the individual purposes and standards for that district.

The zoning designation for property located within a neighborhood conservation district shall consist of the base zone symbol and the overlay district symbol (CD) as a suffix. Neighborhood conservation districts shall be numbered sequentially to distinguish among different districts, i.e., ER (CD-1), SR(CD-2), etc.

The designation of property within a neighborhood conservation district places such property in a new zoning district classification, and all procedures and requirements for zoning and rezoning must be followed.

In the event of a conflict between the provisions of a specific neighborhood conservation district ordinance and the general use district regulations, the provisions of the stricter requirement shall control except for individual single-family homes. (This should be reversed. Overlay should take precedence).

9.9.1.2.

Designation criteria. To be designated a neighborhood conservation district, the area must meet the following criteria; but any designated historic overlay district shall be deemed to satisfy the criteria above:

The area must contain a minimum of one block face (all the lots on one side of a block);

The area must have been platted or developed at least 25 years ago;

At least 75 percent of the land area in the proposed district is presently improved; and

The area must possess one or more of the following distinctive features that create a cohesive identifiable setting, character or association:

Scale, size, type of construction, or distinctive building materials;

ii.

Lot layouts, setbacks, street layouts, alleys or sidewalks;

iii.

Special natural or streetscape characteristics, such as creek beds, parks, gardens or street landscaping;

iv.

Land use patterns, including mixed or unique uses or activities; or

Abuts or links designated historic landmarks and/or districts.

9.9.1.3.

Designation procedures.

A proposal for designation as a neighborhood conservation district may be initiated:

At the direction of the mayor and board of aldermen;

ii.

At the request of owners representing 51 percent of the land area of the proposed district; or

iii.

At the request of 51 percent of the owners in a proposed district.

Following initiation for designation of a neighborhood conservation district, the planning commission department shall develop a neighborhood conservation plan for the proposed district that includes:

Maps indicating the boundaries, age of structures and land use of the proposed district;

ii.

Maps and other graphic and written materials identifying and describing the distinctive neighborhood and building characteristics of the proposed district; and

iii.

Design standards for new construction, additions or alterations to the street facades of existing buildings or structures within the proposed district.

All property owners within the proposed district shall be afforded the opportunity to participate in drafting the conservation plan. A conservation plan shall be approved as part of a zoning map creating a neighborhood conservation district.

9.9.1.4.

Administration.

No building permit shall be issued for new construction or an alteration or addition to the street facade of an existing building or structure within a designated neighborhood conservation district without the submission and approval of design plans and the issuance of a certificate of zoning compliance by the director of planning.

The director of planning shall review the design plans to determine compliance with the design standards contained in the neighborhood conservation plan adopted for the district.

If the director of planning determines that the design plans are in conformance with the design standards adopted for the district, the director of planning and development shall approve the plans and issue a certificate of zoning compliance and a building permit.

If the director of planning determines that the design plans are not in conformance with the design standards adopted for the district, the director shall not approve the plans and will issue notification of non-compliance, identifying the specific design standards violated.

The applicant may appeal the director of planning's determination to the planning commission for a final determination.

Sec. 9.10. - Administration of a sex entertainment district.

9.10.1.

Sexually oriented entertainment businesses.

9.10.1.1.

General requirements. Each sexually oriented business and its employees, agents or other representatives shall observe the general requirements, regulations, and standards of conduct noted in appendix [section] A10.

9.10.1.2.

Special requirements. Each sexually oriented business and its employees, agents or other representatives shall observe the special requirements, regulations, and standards of conduct noted in appendix [section] A10.

9.10.1.3.

Location restrictions.

Special exception in industrial zone. The sexually oriented business may not be operated within 1,000 feet of any of the following uses.

A church, synagogue or regular place of public assembly.

A public or private elementary or secondary school.

A boundary of any single-family residential district.

A public park.

A licensed day care center.

Another sexually oriented business.

Measurement. For this article, all measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of a restricted use.

A sexually oriented business may not be operated in the same building, structure or portion thereof containing another sexually oriented business.

9.10.1.4.

Short term rental motels. See appendix [section] A.10.

9.10.1.5.

Exhibition of sexually explicit films or videos. See appendix [section] A.10.

9.10.1.6.

Exterior portion of sexually oriented businesses.

It shall be unlawful for an owner or operator of a sexually oriented business to allow the merchandise or activities of the establishment to be visible from a point outside the establishment.

It shall be unlawful for any owner or operator of a sexually oriented business to allow the exterior portion of the sexually oriented business to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the provisions of this article.

It shall be unlawful for the owner or operator of a sexually oriented business to allow exterior portions of the establishment to be painted any color other than a single achromatic color. This provision shall not apply to a sexually oriented business if all the following conditions are met.

The establishment is a part of a commercial multi-unit center.

The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way to be a component of the overall architectural style or pattern of the commercial multi-unit center.

Nothing in this section shall be construed to require the painting of an otherwise unpainted exterior portion of a sexually oriented business.

9.10.1.7.

Exemptions. It is a defense to prosecution under this article that a person appearing in a state of nudity did so in a modeling class operated in by either of the following:

By a propriety school, licensed by the State of Mississippi; a college, junior college or university supported entirely or partly by taxation.

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

Sec. 9.11. - Enforcement.

9.11.1.

Notice. If the director of planning determines that any of the provisions of this Code are being violated, the person responsible for such violations will be notified in writing indicating the nature of the violation and the action needed to correct it.

9.11.2.

Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure, land subdivision/platting, land re-subdivision or re-platting, or land is used in violation of this ordinance, the city, in addition to other remedies, may institute any appropriate action or proceedings under city ordinance and state law to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct, or abate such violation, to prevent occupancy of said building, structure or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Specific remedies include the following as well as any other remedies permitted under Mississippi State Law.

9.11.3.

Specific remedies. Specific remedies for the violation of any provision of this ordinance include the following:

9.11.3.1.

Permit revocation. The director of planning may revoke any zoning permit issued by staff after written notification to the permit holder when violations of this ordinance have occurred, when false statements or misrepresentations were made in securing the permit, work is being or has been done in substantial departure from the approved application or plan, or a permit has been mistakenly issued in violation of this ordinance.

9.11.3.2.

Stop work orders. Whenever a building, structure or part thereof is being constructed, demolished, renovated, altered, or repaired in substantial violation of any applicable provision of this ordinance, the director of planning may order the specific part of the work that is in violation, or would be when the work is completed, to be immediately stopped. The stop work order shall be in writing, directed to the person doing the work, and shall state the specific work to be stopped, the specific reasons for cessation and the action(s) necessary to lawfully resume work.

9.11.3.3.

Criminal penalties. Any person violating any provision of this ordinance shall upon conviction be guilty of a misdemeanor and shall be fined $500.00, or an amount as otherwise determined by the court, for each offense.

9.11.3.4.

Civil penalties. The city may establish and pursue civil penalties against any person violating any provision of this ordinance.

9.11.3.5.

Injunction. The city may, either before or after the institution of other authorize action, seek injunction relief from any appropriate court, commanding the defendant to correct the unlawful condition or cease the unlawful use of the property.

9.11.3.6.

Order of abatement. In addition to an injunction, the city may seek an order of abatement from any appropriate court, directing any or all of the following actions:

Buildings or other structures on the property be closed, demolished, or removed.

Fixtures, furniture or other movable property be moved or removed entirely.

Improvements, alterations, modifications or repairs be made or removed.

Any other action be taken that is necessary to bring the property into compliance with this ordinance.

9.11.3.7.

Withholding approvals. Any violation of this ordinance shall constitute grounds for withholding new building permits that are directly related to the violation until the violation has been corrected, including the payment of all fines and fees and the planting of all trees and vegetation required as mitigation.

9.11.3.8.

Subdivision violations. The owner of a subdivision shall not transfer title to any lot in such subdivision until such time as the final plat has been approved by the appropriate authority as outlined in this ordinance and duly recorded in the office of the Chancery Clerk of Lafayette County, Mississippi. Transfers prior to such approval and recording shall be deemed a violation of this ordinance and shall be subject to any and all remedies available to the city.

9.11.3.9.

Recording violations. The Chancery Clerk of Lafayette County, Mississippi shall not receive, file or record a plat of a subdivision within the jurisdiction of this land development code without prior approval of the appropriate authority as outlined in this ordinance. Plats recorded prior to such approval shall be deemed unlawful and invalid.

9.11.3.10.

Continuing violations. If a violation is repeated within a two-year period from the date of the initial violation, it shall be considered to be a continuation of the initial violation and shall be subject to additional penalties and remedies. A repeat violation is one which is identical to or reasonably similar to a previous violation for which a warning citation or civil citation has been issued by the city.

9.11.3.11.

Enforcement related to landscaping. If the approved landscape plan is not being complied with in a timely manner or as approved, the director of planning or the director of planning may issue a stop work order directing all work on the project to cease until a corrective action plan is submitted and approved and any applicable penalties are paid. Any person who removes or damages a significant tree shown on an approved landscape plan shall be required to replace the tree on a one-to-two basis (e.g. one removed or damaged 16-inch DBH tree shall be replaced by one, eight-inch caliper tree) within six months from the date of written notification by the director of planning.

9.11.3.12.

In addition to enforcement remedies specified in this article, any person who removes or damages a significant tree shown on an approved landscape plan shall be required to replace the tree on a one-to-two basis (e.g. one removed or damaged 16-inch DBH (diameter at breast height) tree shall be replaced by one, eight-inch caliper tree within six months from the date of written notification by the director of planning.

9.11.4.

Enforcement of Americans With Disabilities Act.

9.11.4.1.

Violation by any person of the provisions of this article or failure to comply with any of its requirements, after written notification including e-mail by the city's ADA coordinator, building official, or city engineer of this article, shall, upon conviction thereof, constitute a misdemeanor.

9.11.4.2.

Any person who violates the provisions of this article or fails to comply with any of its requirements within 90 days after having been duly notified in writing, by certified mail, return receipt requested, from the city's ADA coordinator, building official, or city engineer, shall, upon conviction, thereof, be fined not more than $1,000.00. Each day such violation continues shall be considered a new and separate offense. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.