This Ordinance shall be known as the “Unified Development Code” of the City of Starkville, Mississippi, dated December 17, 2019. The map herein referred to as the “Zoning Map of Starkville, Mississippi,” dated December 17, 2019 and all explanatory matter thereon is hereby adopted and made a part of this Code.

The goal of this Code is to ensure that all development within the City’s jurisdiction is consistent with, and conforms to the vision, goals, and objectives of the City’s adopted Comprehensive Plan and any adopted specific area plans and functional plans addressing growth and development within the City. To the extent that this Code is or becomes inconsistent with these adopted plans, it should be amended to become or remain consistent with the adopted plans. Additionally, all amendments to this Code’s text or Official Zoning District Map should maintain and enhance consistency between this Code and the adopted plans.

The burden of demonstrating that an application or any development subject to this Code complies with applicable review and approval standards is on the applicant. The burden is not on the City or other parties to show that the standards have been met by the applicant or person responsible for the development.

If any court of competent jurisdiction invalidates any provision of this Code, then such judgment shall not affect the validity and continued enforcement of any other provision of this Code. If any court of competent jurisdiction invalidates the application of any provision of this Code, then such judgment shall not affect the application of that provision to any other building, structure, or use not specifically included in that judgment. If any court of competent jurisdiction judges invalid any condition attached to the approval of an application for a development approval or the approval of a special exception or use exception, then such judgment shall not affect any other conditions or requirements attached to the same approval which are not specifically included in that judgment.

All ordinances or codes or parts of ordinances or codes adopted heretofore by the City of Starkville, Mississippi, which are in conflict herewith or inconsistent with the provisions of this ordinance are hereby repealed.

This Code shall take effect and be in force after its passage according to law.

The enabling authority contained in Title 17 - Local Government; Provisions Common to Counties and Municipalities, Chapter 1 -Zoning, Planning and Subdivision Regulation (as amended); and

All other relevant laws of the State of Mississippi.

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

In accordance with Mississippi Code Title §17-1-9, this Code is made in accordance with the City’s Comprehensive Plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Such regulations have been made with reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, and with a view to conserving the value of buildings, and encouraging the most appropriate use of land throughout the City. Furthermore, these provisions have been intended to protect and enhance the quality of life of City residents, employees and visitors with respect to: the preservation of significant natural and cultural resources; the optimal use of land; appropriate densities, form and character of development; efficient and well connected mobility accommodating varied transportation modes; sufficient infrastructure and utilities; open space and recreational facilities; varied and affordable housing alternatives; and economic development opportunities.

1. The provisions of this Code shall apply to the use and development of all incorporated land within the boundaries of the City of Starkville, Mississippi, unless exempted by this Code, State law, or Federal law.
2. The provisions of this Code shall also be used for establishing requirements in a development agreement for any developments requesting services from the City of Starkville outside of the city limits. The requirements may include but not be limited to zoning district requirements, use standards, development standards, subdivision standards, stormwater management, utility requirements, and building code.

Discourage development within environmentally sensitive areas such as floodplains, wetlands, steep slopes and important plant and animal habitats. Preserve tree cover where possible, as well as open space connected to a broader open space network.

Examples of assets to leverage include the historic downtown, older buildings citywide, open spaces, streams and other natural resources. Steer future development toward existing developed areas with existing infrastructure. Another key asset for Starkville to leverage is Mississippi State University and the MSU community.

Neighborhoods should feature a variety of housing types where appropriate, parks and recreation, strong pedestrian and biking accessibility, and small commercial nodes where appropriate. The character of existing historic neighborhoods should be protected through the preservation of buildings and compatible infill development, and automobiles should not dominate neighborhood Design.

While single-dwelling unit detached houses will continue to dominate the community, a variety of housing types and sizes should be available, including accessory units, attached housing, and multi-dwelling unit housing. Higher density housing should be located where infrastructure can support it and where other land uses can provide needed amenities, including shopping, dining and recreation.

Provide specific locations where a mixture of land uses, including commercial, office, housing and civic uses, can be physically integrated. Such integration should be both horizontal and vertical (mixed-use buildings.) and result in pedestrian-friendly places.

Attractive development includes high-quality architecture and building materials, generous landscaping, and minimal visual impact of vehicle circulation and parking areas. Buildings should also have a strong physical relationship with their associated street, and development should reflect Starkville’s historic development patterns and character.

With strong recreational and cultural facilities, including museums, performing arts, and visual arts, and plenty of active and passive recreational opportunities, Starkville can offer a high quality of life. Such amenities will benefit citizens directly, and also help with attracting new job creating businesses.

Starkville should be easy and convenient to navigate. Traffic congestion should be minimized, and motorized traffic should be “calmed” to avoid negative impacts. “Complete streets” should be context sensitive and accommodate a range of transportation modes, including motorized vehicles, bikes and pedestrians. An extensive greenway system should be provided. Strip commercial corridors should be avoided and instead feature highly-functional and attractive corridors in which commercial development is concentrated into mixed use centers at key street intersections.

Starkville should offer a business-friendly climate that welcomes new businesses that provide jobs and add to the tax base of the city. A variety of business types should be pursued for a diversified economy, including those featuring high technology and manufacturing jobs. MSU’s Thad Cochran Research, Technology, and Economic Development Park should continue to be leveraged.

Encourage meaningful citizen participation in Starkville’s growth and development decisions, while making development decisions predictable, fair, and cost-effective within a framework of policies that reflect the City’s adopted citywide comprehensive plan.

In their application, the provisions of this Code shall be held to be the minimum requirements for the promotion and protection of the public health, safety, and general welfare, and shall be construed to achieve the purposes for which this Code is adopted.

In the event of any conflict between the limitations, requirements, or standards contained in different provisions of this Code and applying to an individual use or structure, the more restrictive provision shall apply.

In the event of a conflict or inconsistency between the text of this Code and any caption, figure, illustration, table, or map contained herein, the text shall control unless the intent of the Code is clear otherwise.

The words “shall”, “must”, and “will”, are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The word “may” is permissive in nature. Words used in the present tense include the future tense, and vice versa. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa. For words, terms, and phrases used in this Code that are not defined in the Definitions section or elsewhere in the City’s Code, the City Planner shall have the authority to interpret or define such words, terms and phrases. In making such interpretations or definitions, the city planner may consult secondary sources related to the planning and legal professions, such as "Black's Law Dictionary" (West Publishing Company, St. Paul, Minn., most current edition), "The Latest Illustrated Book of Development Definitions" by Harvey S. Moskowitz and Carl G. Lindbloom (Center for Urban Policy Research, Rutgers University. N.J. 2007, or most current edition), for technical words, terms, phrases, and graphics, or any "Webster's Dictionary" for other words, terms and phrases.

If a provision of this Code is inconsistent with another provision of this Code, or with a provision found in other adopted Codes or Codes of the City, the more restrictive provision shall govern unless the terms of the more restrictive provision specify otherwise. The more restrictive provision is the one that imposes greater restrictions or burdens, or more stringent controls.

The City shall not be responsible for monitoring or enforcing private easements, covenants, and restrictions, although the City may inquire as to whether land is subject to easements, covenants, and restrictions during the review of applications.

Title 17 of the Mississippi Code establishes planning and zoning authority for local governments. If a provision of this Code is inconsistent with a provision found in the law or regulations of the State or Federal government, the more restrictive provision shall control, to the extent permitted by law.

Nothing in this Code is intended to repeal, supersede, annul, impair, or interfere with any existing vested rights previously adopted, established, or issued in accordance with all applicable laws, provided such rights are lawfully established and remain in effect.

Any violation of the previous Zoning Code shall continue to be a violation under this Code and any other applicable codes, laws, or statutes. Violations of this Code shall be subject to the penalties set forth in 3.19 Enforcement, and any other applicable ordinances, laws, or statutes.

1. Complete applications prior to this code. Any application submitted and accepted as complete before the effective date of this Code, but still pending final action as of that date, shall be reviewed and decided in accordance with the regulations in effect when the application was accepted. To the extent such an application is approved and proposes development that does not comply with this Code, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of 3.17 Nonconformities.
2. Time frame of previous code. Completed applications shall be processed in good faith and shall comply with any time frames for review, approval, and completion as established in the regulations in effect at the time of application acceptance. If the applicant fails to comply with the required time frames, it shall expire and future development shall be subject to the requirements of this Code.
3. Option for pending applications. An applicant with a pending application accepted before the effective date of this Code may opt to have the proposed development reviewed and decided under the standards of this Code by withdrawing the pending application and submitting a new application in accordance with the standards of this Code.
4. Option for New Applications. An applicant with a new application accepted before the effective date of this Code may opt to have the proposed development reviewed and decided under the standards of this Code.
   

1. Approvals per the previous code. Any development approvals granted before the effective date of this Code in accordance with the procedures outlined in the City’s previous Code, the Subdivision Regulations and/or other related regulations shall remain valid until their expiration date. Developments with valid approvals or permits may be carried out in accordance with the terms and conditions of their approval and the development standards in effect at the time of approval, provided the permit or approval is valid and has not expired.
2. Prior or revoked approvals. If the prior approval expires or is revoked (i.e., for failure to comply with the terms and conditions of approval), any subsequent development of the site shall comply with the procedures and standards of this Code.
3. Nonconforming status. To the extent a prior-approved application proposes development that does not comply with this Code, the subsequent development, although permitted, shall be nonconforming and subject to the provisions of 3.17 Nonconformities.
   

If any use, structure, building, lot, or sign legally existed on the effective date of this Code, but does not fully comply with the standards of this Code, then that use, structure, lot, or sign shall be considered nonconforming under this Code and shall be subject to the provisions of 3.17 Nonconformities.