After the approval of a site plan by the Development Review Committee and the approval of building design plan by the Architecture Review Committee or the determination by the Planning Department that the site and building plan approval are not required, a building permit may be issued by the Building Department. All applications for building permits shall be processed and reviewed in accordance with Section 17.3.

This Code, including the zoning map, is based on the Starkville Comprehensive Plan and is intended to carry out its objectives of sound, stable, and desirable development. This Code may be amended in accordance with Mississippi law only when one or more of the following conditions prevail:

1. Error. There is an error in the Code and a need to correct the error.
2. Change in conditions. A change in the neighborhood has occurred to such an extent as to justify the proposed rezoning and there is a public need for the proposed rezoning.

The burden of proof is on the applicant to demonstrate by clear and convincing evidence that the requested amendment is justified.

Amendments to this zoning map may be initiated by the City of Starkville, by the Planning and Zoning Commission, or by any person, firm, or corporation.

1. Application. All applications for rezoning shall be in the form required and provided by the City Planner. Completed application packages are due by 5:00 p.m. on the deadline date as set forth by the approved Planning and Zoning Commission schedule. Such applications shall be submitted to the City Planner together with the fee established by resolution of the Mayor and Board of Aldermen. A “completed application” shall include the application form, the applicable fee, a legal description of the subject property, letter of authorization if required, and all supplemental information necessary to render determinations related to the rezoning request including:
2. Interest and ownership. The applicant’s name, address, and interest in the application, the concurrence of the owner or owners of the entire land area, and structures to be included within the proposed district.
3. Plat. The plat of the land area which is proposed for amendment being affected, legal description of the property, and the proposed zoning classification of the area.
4. Applicant statement. A statement explaining the reason for the proposed amendment based on either error with a need to correct the error or change in condition and need that would be corrected by the proposed amendment.
5. Administrative examination. Upon receipt of an application for a zoning amendment, the City Planner shall examine, or cause to be examined, the application and shall make such investigation into the proposed zoning amendment as is necessary. If the application is determined to be complete, the City Planner shall place the item on the agenda for the Commission. The date the item will be heard by the commission shall be determined by the Planning and Zoning Commission schedule.
6. Public hearing. Upon receipt of a completed application for a rezoning by the City Planner, the Planning and Zoning Commission shall hold a public hearing in accordance with the procedures established in this section. The Commission shall recommend approval with or without conditions or deny the request. If recommended for approval or denial, the request will then be scheduled for a public hearing for the Mayor and Board of Aldermen.
7. Notice and public hearing procedure for a rezoning. In considering and acting upon applications for a rezoning, the following procedures shall be observed:
   1. Mailing of notices. The City Planner shall mail notices at least fifteen (15) calendar days prior to the scheduled public hearing, setting forth the time, place and purpose of the public hearing to all owners of real property within a minimum of one hundred sixty (160) feet of the boundaries of the land upon which the rezoning is requested. For the purpose of notice requirements to nearby owners of real property, the names and addresses of the owners shall be deemed to be those on the current tax records of Oktibbeha County. The failure of any owner required by this section to be notified by mail sent to the address on the current tax records of Oktibbeha County shall not invalidate or otherwise have any effect on the recommendation or final decision of any application.
      
   2. Legal ad. A legal ad shall be placed in the newspaper of record for Starkville at least fifteen (15) calendar days prior to the scheduled public hearing with the following information: governing body to hear the request, date of the hearing, time of the hearing, the location of the hearing, reason for the request, and a legal description of the property per Mississippi Code Title § 17-1-17.
   3. Posting. A sign shall be placed on the subject property in a conspicuous location at least fifteen (15) calendar days prior to the public hearing, notifying the general public of the request.
8. Applicant to pay costs. All costs of notification shall be paid by the applicant. An application will not be considered complete until the application fee has been paid. Costs which exceed that paid at the time of application shall be billed and paid by the applicant prior to the public hearing by the Planning and Zoning Commission and/or Board of Aldermen.
9. Appearance and presentation. At any public hearing upon any matter subject to the provisions of this article, the applicant seeking the rezoning and any other party desiring to be heard upon the application may appear in person, by agent, or by attorney. The applicant shall be entitled to make a presentation and at the conclusion of presentations or statements by all other parties, shall be entitled to offer a statement in rebuttal if desired. The chairman of the Planning and Zoning Commission shall, at the commencement of the hearing upon each application or at any time during such hearing, require that parties desiring to make a presentation identify themselves and may specify the time to be allowed each such party within which to make such a presentation.
10. Action. If approval or denial is recommended by the Planning and Zoning Commission, that recommendation and any specific conditions for approval shall be forwarded to the Mayor and Board of Aldermen for their binding decision.
11. Appeal. Parties aggrieved by the final decision of the Mayor and Board of Aldermen, may appeal to a court of competent jurisdiction pursuant to state statute.
12. Effect of protest by neighbors. In case of a protest against such change signed by the owners of twenty percent (20%) or more, either of the area of the lots included in such proposed change, or of those immediately adjacent to the rear thereof, extending one hundred sixty (160) feet therefrom or of those directly opposite thereto, extending one hundred sixty (160) feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fifths (⅗) of the members of the legislative body of such municipality or county who are not required by law or ethical considerations to recuse themselves.
13. Conditions of approval. The Mayor and Board of Aldermen may attach conditions in accordance with the approval. Conditions attached to the approval of a Rezoning shall run with the land and shall be binding upon the applicants, their heirs, and/or successors.
14. Reapplication. Reapplication for the same piece of property requesting the same type zoning cannot be made within one (1) year from the date the application was originally denied by the Planning and Zoning Commission and/or the Board of Aldermen.

All applications for proposed planned unit developments shall be in the form required and provided by the City Planner. Completed application packages are due by 5:00 p.m. on the deadline date as set forth by the approved Planning and Zoning Commission schedule. Such applications shall be submitted to the City Planner together with the fee established by resolution of the Mayor and Board of Aldermen. Along with the application form and the applicable fee, a master plan, and all supplemental information necessary to render determinations related to the proposed planned unit development request shall be required for a “complete application”.

The procedure for amending the zoning district for a planned unit development shall follow the application procedures for a rezoning as stated in this code.

Any application for a rezoning to a planned unit development district shall include a master plan. The master plan will be approved as part of the rezoning and shall be used to regulate all future applications for site plan review, infrastructure plan review, preliminary plat review, and final plat review. A master plan shall include the following:

1. An accurate map of the project area including its relationship to surrounding areas, existing topography, and key features.
2. A plan of development and presentation of the development concept. At a minimum, the plan shall contain sufficient detail to make possible the evaluation of approval criteria contained in the development standards of this code. The plan of development and presentation shall include the following:
   1. The planning objective and the character of the development to be achieved through the planned unit development and the approximate phases in which the development will be built, if any.
   2. The approximate location and proportion of distinct development areas, such as residential, commercial, mixed, institutional, and industrial use areas in the planned unit development.
   3. The number and type of dwelling units proposed and density.
   4. The approximate proposed traffic and pedestrian circulation plan, including streets, trails, pedestrian, and bike paths.
   5. The approximate location of any proposed major common open space and any proposed community facilities, public facilities, floodplains, wetlands, or other natural resource areas designated for preservation.
   6. A statement explaining how the proposed planned unit development complies with the policies and objectives of the comprehensive plan.
   7. A statement or visual presentation of how the planned unit development will relate to and be compatible with adjacent and neighboring areas.
   8. A Traffic Impact Analysis may be required by the Development Review Committee and/or Planning and Zoning Commission. A Traffic Impact Analysis shall be done in accordance with the most recent edition of Trip Generation Manual, ITE.
3. Such other information as the Planning and Zoning Commission shall require, including any additional information necessary to determine compliance with the standards for the approval of a planned unit development contained in this code.
   

All planned unit developments shall obtain an approved site plan prior to the issuance of building permits. Site plan review and approval shall follow the procedures for site plan review as stated in this code based on the approved master plan.

If the subdivision of land is required as part of a planned unit development, preliminary plat approval shall be required. Preliminary plat review and approval shall follow the procedures for preliminary plat approval as stated in this code based on the approved master plan.

If the subdivision of land is required as part of a planned unit development, infrastructure plan approval shall be required after preliminary plat approval. Infrastructure plan review and approval shall follow the procedures for infrastructure plan approval as stated in this code based on the approved master plan.

After the completion and acceptance of all required infrastructure, final plat approval shall be required. Final plat review and approval shall follow the procedures for final plat approval as stated in this code based on the approved master plan.

The following is the sequence of approvals for planned unit developments:

1. Without the Subdivision of Land.
   1. Application.
      Complete Application with Master Plan submitted to Planning Department
   2. Master Plan Review.
      After review by the Development Review Committee and any required modifications made, the master plan will then be placed on the Planning and Zoning Commission agenda with the Rezoning request.
   3. Rezoning.
      The master plan and the rezoning request will be reviewed together by the Planning and Zoning Commission. Final approval of the master plan and rezoning will be made by the Board of Aldermen.
   4. Site Plan Review.
      The Development Review Committee shall review any site plan that requires site plan approval.
   5. Permits.
      After approval of the site plan by the Development Review Committee, permits may be issued for any work on the site after review by the Building Department.
      
2. With the Subdivision of Land.
   1. Application.
      Complete Application with Master Plan submitted to Planning Department
   2. Master Plan Review. After review by the Development Review Committee and any required modifications made, the master plan will then be placed on the Planning and Zoning agenda with the Rezoning request.
   3. Rezoning. The master plan and the rezoning request will be reviewed together by the Planning and Zoning Commission. Final approval of the master plan and rezoning will be made by the Board of Aldermen.
   4. Preliminary Plat Review. The Development Review Committee shall review the preliminary plat for compliance with the approved master plan.
   5. Preliminary Plat. The Planning and Zoning Commission shall review the preliminary plat for compliance with the approved master plan. Final approval of the preliminary plat shall be made by the Board of Aldermen.
   6. Infrastructure Plan Review. The Development Review Committee shall review the infrastructure plans for compliance with applicable standards, the preliminary plat, and the approved master plan.
   7. Final Plat Review. The Development Review Committee shall review the final plat for compliance with the approved preliminary plat and approved master plan.
   8. Final Plat. The Planning and Zoning Commission shall review the final plat for compliance with the preliminary plat and approved master plan. Final approval of the final plat shall be made by the Board of Aldermen.
   9. Site Plan Review. The Development Review Committee shall review any site plan that requires site plan approval.
   10. Permits. After approval of the site plan by the Development Review Committee, permits may be issued for any work on the site after review by the Building Department.

1. The Planning and Zoning Commission shall recommend approval, denial, or request modification of an application for a planned unit development, or shall recommend approval of an application subject to conditions. A request for modification recommended by the Planning and Zoning Commission shall be forwarded to the Board of Aldermen for their review and final determination. Any recommended approval, denial, or conditions attached to a planned unit development approval shall be based on the development standards associated with the proposed use(s) along with the goals and objectives of the comprehensive plan.
2. The Board of Aldermen shall approve, deny, or request modifications of an application for a planned unit development, or shall approve an application subject to conditions. A request for modification shall be sent back to the Development Review Committee for review of requested modifications to the proposed master plan. The modifications to the master plan shall then be reviewed by the Board of Aldermen, unless specifically required by the Board of Aldermen to be reviewed by the Planning and Zoning Commission prior to being reviewed by the Board of Aldermen. The Board of Aldermen may approve the planned unit development with minor modifications, without requiring any additional review. Any approval, denial, or conditions attached to a planned unit development approval shall be based on the development standards associated with the proposed use(s) along with the goals and objectives of the comprehensive plan.

Parties aggrieved by the final decision of the Mayor and Board of Aldermen, may appeal to a court of competent jurisdiction pursuant to state statute.

Approval of a planned unit development shall establish the basic uses, densities, and intensities for the planned unit development in conformity with the master plan as approved by the Board of Aldermen, which shall be recorded by the Planning Department as an integral component of the planned unit development district regulations. Any approved site plan within the planned unit development shall also be recorded by the Planning Department as part of the planned unit development.

Reapplication for the same piece of property requesting the same type planned unit development cannot be made within one (1) year from the date the application was originally denied by the Board of Aldermen.

1. Minor Amendment. The City Planner may approve minor amendments to the final development plan. A minor amendment is an amendment required by technical or engineering considerations first discovered during site plan approval or construction that could not reasonably have been anticipated during the approval process for the rezoning and master plan approval.
   1. The change is necessary because of natural features of the subject property not foreseen by the applicant or the city prior to the approval of the development plan.
   2. The change will not have the effect of increasing the expected peak hour trip for either am or pm. A Traffic Impact Analysis may be required.
   3. The change will not add square footage that is more than ten (10) percent of the existing gross square footage of the development plan.
   4. The change will not result in a significant modification of vehicular or pedestrian circulation as determined by the City Engineer.
   5. The change will not reduce or increase any approved setback by more than ten (10) percent.
   6. The change will not result in an increase in the height of any structure more than ten (10) percent.
   7. The change does not result in any significant adverse impacts beyond the site.
2. Major Amendment. Any amendment determined not to be a minor amendment shall be required to be reapproved by Planning and Zoning Commission and the Board of Aldermen. A significant change in vehicular circulation and/or pedestrian circulation, as determined by the City Engineer, will constitute a major amendment.
   

If construction of the planned unit development is not started within two (2) years of the date of approval, the Board of Aldermen may consider rezoning the site to its previous classification. The applicant, by showing good cause why he cannot adhere to the proposed timetable described in the master plan, may seek an extension of not more than one (1) year at a time. A request for extension shall be submitted in writing to the Planning Department and approved by the Board of Aldermen.

The Mayor and Board of Aldermen may attach conditions in accordance with the approval. Conditions attached to the approval of a Planned Unit Development shall run with the land and shall be binding upon the applicants, their heirs, and/or successors.

All applications for a use category and/or subdivision in an optional district shall be in the form required and provided by the City Planner. Completed application packages are due by 5:00 p.m. on the deadline date as set forth by the approved Planning and Zoning Commission schedule. Such applications shall be submitted to the City Planner together with the fee established by resolution of the Mayor and Board of Aldermen. Along with the application form and the applicable fee, a conceptual master plan, and all supplemental information necessary to render determinations shall be required for a “complete application”.

In considering and acting upon applications for a conceptual master plan, the following procedures shall be observed:

1. Mailing of notices. The City Planner shall mail notices to adjacent property owners that abut the subject property at least fifteen (15) calendar days prior to the scheduled meeting of the Planning and Zoning Commission and Board of Aldermen for review of an application for a conceptual master plan in the Optional District. For the purpose of notice requirements to adjacent owners of real property, the names and addresses of the owners shall be deemed to be those on the current tax records of Oktibbeha County. The failure of any owner required by this section to be notified by mail sent to the address on the current tax records of Oktibbeha County shall not invalidate or otherwise have any effect on the recommendation or final decision of any application.
2. Appearance and presentation. At any meeting upon any matter subject to the provisions of this article, the applicant seeking the approval of a conceptual master plan and any other party desiring to be heard upon the application may appear in person, by agent, or by attorney. The applicant shall be entitled to make a presentation and at the conclusion of presentations or statements by all other parties, shall be entitled to offer a statement in rebuttal if desired. The chairman of the Planning and Zoning Commission shall, at the commencement of the meeting upon each application or at any time during such meetings, require that parties desiring to make a presentation identify themselves and may specify the time to be allowed each such party within which to make such a presentation.
3. Action. If approval or denial for a conceptual master plan is recommended by the Planning and Zoning Commission, that recommendation and any specific conditions for approval shall be forwarded to the Mayor and Board of Aldermen for their binding decision.
4. Appeal. Parties aggrieved by the final decision of a conceptual master plan by the Mayor and Board of Aldermen, may appeal to a court of competent jurisdiction pursuant to state statute.

1. Site and structure suitability. The proposed site configuration has been adequately sized in accordance with the base dimensional standards of section 10 and can be adequately served with public utilities and safety services.
2. Circulation. The proposed location of vehicular and pedestrian access points to public roads and adjacent property is compliant with all access requirements in the Unified Development Code and with all City policies that regulate vehicular and pedestrian access.
3. Connections to adjacent property. The proposed location of all vehicular and pedestrian access points to adjacent properties does not create a current or future hardship to creating connectivity based on the physical features of the area of the proposed vehicular and pedestrian access points.

Any application for a use category and/or subdivision in an optional district shall include a conceptual master plan. The conceptual master plan will be used to determine the use categories of the property and the location of future right-of-way for connectivity. Parcels may have multiple use categories depending on the size parcels and the base dimensional standards of the requested use category. A conceptual master plan shall be the regulating plan used for the determination and application of the following:

1. Use Options
   1. Optional Commercial Development
   2. Optional Industrial Development
   3. Optional Traditional Neighborhood Development
   4. Optional Conservation Development
   5. Optional Traditional Neighborhood New
2. Base dimensional standards
3. Allowed densities.
4. Development standards.
5. Subdivision standards.

The following shall be included in a conceptual master plan:

1. A map of the project area including its relationship to surrounding areas, approximate existing topography, total approximate size in acres, and key features. A survey of the entire property is recommended, but not required for the conceptual master plan.
2. The requested use categories for the entire property and the approximate acreage of each use category, if multiple use categories are proposed.
3. The anticipated vehicular and pedestrian circulation of the entire property to determine future right-of-way locations, connections to existing right-of-way, and connections to adjacent property.
4. Such other information as the Planning and Zoning Commission shall require, including any additional information necessary to determine compliance with the standards for the approval of an optional district contained in this code.

The subdivision of the property is not required at the time of approval of the conceptual master plan, but a conceptual master plan is required for any subdivision regulated by this Unified Development Code. The procedure for subdividing any property in an optional district shall follow the procedures for a subdivision as stated in section 3.12.

The following is the sequence of approvals for conceptual master plan approval in an optional district:

1. Without the Subdivision of Land.
   1. Application. Complete Application with conceptual master plan submitted to Planning Department
   2. Review by Development Review Committee. The development review committee shall review the conceptual master plan application in accordance with the criteria in section 3.3.3. After review by the Development Review Committee and any required modifications made, the conceptual master plan will then be placed on the Planning and Zoning Commission’s agenda.
   3. Review by Planning and Zoning Commission. The conceptual master plan shall be reviewed by the Planning and Zoning Commission in accordance with the criteria in section 3.3.3 and then a recommendation forwarded to the Board of Aldermen.
   4. Review by Board of Aldermen. The conceptual master plan shall be reviewed by the Board of Aldermen in accordance with the criteria in section 3.3.3 and with consideration of the recommendation by the Planning and Zoning Commission.
2. With the Subdivision of Land.
   1. Application. Complete application with conceptual master plan and preliminary plat submitted to the Planning Department.
   2. Review by Development Review Committee. The development review committee shall review all conceptual master plan and preliminary plat application in accordance with the criteria in section 3.3.3 and 3.12. After review by the Development Review Committee and any required modifications made, the conceptual master plan and preliminary plat will then be placed on the Planning and Zoning Commission’s agenda.
   3. Review by Planning and Zoning Commission. The conceptual master plan and preliminary plat application will be reviewed by the Planning and Zoning Commission in accordance with the criteria in section 3.3.3 and 3.12. A recommendation shall then be forwarded to the Board of Aldermen.
   4. Review by Board of Aldermen. The conceptual master plan and preliminary plat will be reviewed by the Board of Aldermen in accordance with the criteria in section 3.3.3 and 3.12 with consideration of the recommendation by the Planning and Zoning Commission.
   5. Final Plat. The procedure for final plat approval of Section 3.12 shall be followed.

The conceptual master plan approval shall be valid for two (2) years unless an approved and active site plan for the property has been issued or a final plat has been approved. An expired conceptual master plan may be reapproved at the discretion of the Board of Aldermen.

Reapplication for the same piece of property requesting the same conceptual master plan approval cannot be made within one (1) year from the date the application was originally denied by the Board of Aldermen.

1. Minor Amendment.
   The City Planner may approve minor amendments to the conceptual master plan. A minor amendment is an amendment required by technical or engineering considerations first discovered during site plan approval or construction that could not reasonably have been anticipated during the approval process for the conceptual master plan, preliminary plat, and rezoning. The change will not result in a significant modification of vehicular or pedestrian circulation as determined by the City Engineer.
2. Major Amendment.
   Any amendment not determined to be a minor amendment shall be required to be reapproved by Planning and Zoning Commission and the Board of Aldermen.

Due to the large size of the majority of the existing parcels within the optional district, phasing the buildout of the entire parcel may be needed. The conceptual master plan shall be used as the regulator document for approval of all future subdivision requests for the entire parcel. An amendment of the conceptual master plan during the buildout of the parcel shall be allowed in accordance with section 3.3.10.

Any parcel zoned Optional District may subdivide as a single dwelling residential subdivision without requiring rezoning if the subdivision meets the base dimensional standards of Section 6.3 for an RN zoning district. The subdivision procedures of Section 3.12 shall be followed.

The Mayor and Board of Aldermen may attach conditions in accordance with the approval. Conditions attached to the approval of a Conceptual Master Plan in Optional District shall run with the land and shall be binding upon the applicants, their heirs, and/or successors.

1. Site suitability.
   The proposed location of the structure and use has adequate space for development, adequate access to the site, fits contextually with the surrounding area, and has been properly designed for any environmental constraints.
2. Traffic.
   There is no undue nuisance or serious hazard to pedestrian or vehicular traffic in the surrounding area by the proposed structure and use.
3. Immediate neighborhood impact.
   The proposed structure and use are not detrimental, injurious, obnoxious, or offensive to other properties in the neighborhood. Negative impacts can include excessive trip generation, noise, vibration, dust, glare, heat, smoke, fumes, gas, odors, and inappropriate hours of operation.
4. Availability of public services.
   The proposed structure and use are adequately served by sewer, water, electricity, fire protection, police protection, and provides for any stormwater requirements.
5. Site plan.
   A site plan shall be reviewed by the Development Review Committee prior to review by the Planning and Zoning Commission only if the proposed development meets the requirements for site plan review. This review shall be to determine if elements have been adequately provided on the plan. These elements can include, but are not limited to: parking areas, loading areas, buffers, screening, landscaping, and signage. Additional approval by the Development Review Committee may be required for site plan approval after approval of a special exception.
6. Impact on property values.
   The proposed location of the structure and use will not cause or contribute to a decline in property values of surrounding properties.
7. Consistency with Comprehensive Plan.
   The proposed special exception is consistent with the goals, objectives, and policies of the Comprehensive Plan.
8. Additional standards.
   All associated additional standards for the proposed building, sign, accessory structure, or site associated with the use have been adequately provided for on the site plan.

1. The special exception request shall be consistent with the intent of the form-based districts.
   

1. Application.
   All applications for a special exception shall be in the form required and provided by the City Planner. Completed application packages are due by 5:00 p.m. on the deadline date as set forth by the approved Planning and Zoning Commission schedule. Such applications shall be submitted to the City Planner together with the fee established by resolution of the Mayor and Board of Aldermen. A “completed application” shall include the application form, the applicable fee, a legal description of the subject property, letter of authorization if required and all required supplemental information necessary to render determinations related to the special exception request including:
   1. Interest and ownership.
      The applicant’s name, address, and interest in the application, and the concurrence of the owner or owners of the entire land area and structures to be included within the subject property.
   2. Applicant statement.
      The applicant statement shall include an explanation with the reasoning for the special exception request and a citation of the specific code section from which the special exception is sought.
2. Review by the Development Review Committee.
   The application shall be reviewed by the Development Review Committee before their public hearing date. Comments from this meeting, if not addressed prior to the hearing, may be added to the staff report for the public hearing as recommended condition(s) of approval.
3. Administrative examination.
   Upon receipt of an application for a special exception, the City Planner shall examine, or cause to be examined, the application and shall make such investigation into the proposed special exception as is necessary. If the application is determined to be complete, the City Planner shall place the item on the agenda for the Commission. The date the item will be heard by the Commission shall be determined by the Planning and Zoning Commission schedule.
4. Public hearing.
   Upon receipt of a completed application for a special exception by the City Planner, the Planning and Zoning Commission shall hold a public hearing in accordance with the procedures cited in this section. The Commission shall recommend approval with or without conditions or recommend denial of the request. If recommended for approval or denial, the request will then be scheduled for a public hearing for the Mayor and Board of Aldermen.
5. Notice and public hearing procedure for special exception.
   In considering and acting upon applications for special exception, the following procedures shall be observed:
   1. Mailing of notices.
      The City Planner shall mail notices at least fifteen (15) calendar days prior to the scheduled public hearing, setting forth the time, place, and purpose of the public hearing to all owners of real property within a minimum of one hundred and sixty (160) feet of the boundaries of the land upon which the special exception is requested. For the purpose of notice requirements to nearby owners of real property, the names and addresses of the owners shall be deemed to be those on the current tax records of Oktibbeha County. The failure of any owner required by this section to be notified by mail sent to the address on the current tax records of Oktibbeha County shall not invalidate or otherwise have any effect on the recommendation or final decision of any application.
   2. Legal ad.
      A legal ad shall be placed in the newspaper of record for Starkville at least fifteen (15) calendar days prior to the scheduled public hearing with the following information: governing body to hear the request, date of the hearing, time of the hearing, the location of the hearing, reason for the request, and a legal description of the property per Mississippi Code Title § 17-1-17.
   3. Posting.
      A sign shall be placed on the subject property in a conspicuous location at least fifteen (15) calendar days prior to the public hearing, notifying the general public of the request.
6. Applicant to pay costs.
   All costs of notification shall be paid by the applicant together with the application fee established by resolution of the Mayor and Board of Aldermen. Costs which exceed that paid at the time of application shall be billed and paid by the applicant prior to the public hearing by the Planning and Zoning Commission and/or Board of Aldermen. The application fee for a special exception that did not receive approval prior to the commencement of construction and/or requires a modification of an approved site plan or building plan shall be charged an application fee three (3) times the established rate.
7. Appearance and presentation.
   At any public hearing upon any matter subject to the provisions of this article, the applicant seeking the special exception and any other party desiring to be heard upon the application may appear in person, by agent, or by attorney. The applicant shall be entitled to make a presentation and at the conclusion of presentations or statements by all other parties, shall be entitled to offer a statement in rebuttal if desired. The chairman of the Planning and Zoning Commission shall, at the commencement of the hearing upon each application or at any time during such hearing, require that parties desiring to make a presentation identify themselves and may specify the time to be allowed each such party within which to make such a presentation.
8. Action.
   If approval or denial is recommended by the Planning and Zoning Commission, that recommendation and any specific conditions shall be forwarded to the Mayor and Board of Aldermen for their binding decision.
9. Appeal.
   Parties aggrieved by the final decision of the Mayor and Board of Aldermen, may appeal to a court of competent jurisdiction pursuant to state statute.
10. Conditions of approval.
    The Mayor and Board of Aldermen may attach conditions in accordance with the approval. Conditions attached to the approval of a Special Exception shall run with the land and shall be binding upon the applicants, their heirs, and/or successors. The condition can be assigned for the duration of the use of the building, sign, accessory structure, or site.
11. Abandonment or discontinuance.
    Any built structure or site associated with an approved special exception may continue with the associated use unless the use is made a nonconformity by any subsequent zoning ordinance and/or action by the Board of Aldermen. All nonconformities shall be regulated in accordance with section 3.17. If a specific time is not set as part of the approval of a special exception, the special exception shall expire within 18 months if no building permit has been issued and/or construction activities have ceased on the site. A special exception for any sign type shall expire upon the abandonment or discontinuance of the use or business. Reapplication for a special exception for sign will be required.
12. Reapplication.
    Reapplication for the same piece of property requesting the same special exception cannot be made within one (1) year from the date the application was originally denied by the Planning and Zoning Commission and/or the Board of Aldermen.

Any proposed structure or use not specifically prohibited by this Code shall be reviewed as a special exception application.

1. Site and structure suitability.
   The proposed location of the use has adequate space for the use such as but not limited to: parking, available utilities, pedestrian access, vehicle access, loading areas, building size, building type, etc.
2. Traffic.
   There is no undue nuisance or serious hazard to pedestrian or vehicular traffic in the surrounding area by the addition of the proposed use to the area.
3. Immediate neighborhood impact.
   There is a public need for the proposed use and the use is not detrimental, injurious, obnoxious, or offensive to other properties in the neighborhood. Negative impacts can include excessive trip generation, noise, vibration, dust, glare, heat, smoke, fumes, gas, odors, and inappropriate hours of operation.
4. Impact on property values.
   The proposed location of the use will not cause or contribute to a decline in property values of surrounding properties.
5. Consistency with Comprehensive Plan.
   The proposed use exception is consistent with the goals, objectives, and policies of the Comprehensive Plan.
6. Additional standards.
   All associated additional standards for the proposed use have been adequately provided for on the site plan.

1. The use exception shall be consistent with the intent of the form-based districts.
   

1. Application.
   All applications for a use exception shall be in the form required and provided by the City Planner. Completed application packages are due by 5:00 p.m. on the deadline date as set forth by the approved Planning and Zoning Commission schedule. Such applications shall be submitted to the City Planner together with the fee established by resolution of the Mayor and Board of Aldermen. A “completed application” shall include the application form, the applicable fee, a legal description of the subject property, letter of authorization if required, and all required supplemental information necessary to render determinations related to the use exception request including:
   1. Interest and ownership.
      The applicant’s name, address, and interest in the application, and the concurrence of the owner or owners of the entire land area and structures to be included within the subject property.
   2. Applicant statement.
      A statement explaining the reason for the use exception request.
2. Review by the Development Review Committee.
   The application may be required to be reviewed by the Development Review Committee before their public hearing date at the discretion of the City Planner. Comments from this meeting, if not addressed prior to the hearing, may be added to the staff report for the public hearing as recommended condition(s) of approval.
3. Administrative examination.
   Upon receipt of an application for a use exception, the City Planner shall examine, or cause to be examined, the application and shall make such investigation into the proposed use exception as is necessary. If the application is determined to be complete, the City Planner shall place the item on the agenda for the Commission. The date the item will be heard by the Commission shall be determined by the Planning and Zoning Commission schedule.
4. Public hearing.
   Upon receipt of a completed application for a use exception by the City Planner, the Planning and Zoning Commission shall hold a public hearing in accordance with the procedures cited in this section. The Commission shall recommend approval with or without conditions or deny the request. If recommended for approval, the request will then be scheduled for a public hearing for the Mayor and Board of Aldermen.
5. Notice and public hearing procedure for use exceptions.
   In considering and acting upon applications for a use exception, the following procedures shall be observed:
   1. Mailing of notices.
      The City Planner shall mail notices at least fifteen (15) calendar days prior to the scheduled public hearing, setting forth the time, place, and purpose of the public hearing to all owners of real property within a minimum of one hundred sixty (160) feet of the boundaries of the land upon which the use exception is requested. For the purpose of notice requirements to nearby owners of real property, the names and addresses of the owners shall be deemed to be those on the current tax records of Oktibbeha County. The failure of any owner required by this section to be notified by mail sent to the address on the current tax records of Oktibbeha County shall not invalidate or otherwise have any effect on the recommendation or final decision of any application.
   2. Legal ad.
      A legal ad shall be placed in the newspaper of record for Starkville with the following information: governing body to hear the request, date of the request, time of the request, location of the public hearing, reason for the request, and legal description of the property.
   3. Posting.
      The City Planner shall place a sign on the subject property in a conspicuous location at least fifteen (15) calendar days prior to the public hearing, notifying the general public of the request.
6. Applicant to pay costs.
   All costs of notification shall be paid by the applicant together with the application fee established by resolution of the Mayor and Board of Aldermen. Costs which exceed that paid at time of application shall be billed and paid by the applicant prior to the public hearing by the Planning and Zoning Commission and/or Board of Aldermen. The application fee for a use exception that did not receive approval prior to the commencement of operations shall be charged an application fee three (3) times the established rate.
7. Appearance and presentation.
   At any public hearing upon any matter subject to the provisions of this article, the applicant seeking the use exception and any other party desiring to be heard upon the application may appear in person, by agent, or by attorney. The applicant shall be entitled to make a presentation and at the conclusion of presentations or statements by all other parties, shall be entitled to offer a statement in rebuttal if desired. The chairman of the Planning and Zoning Commission shall, at the commencement of the hearing upon each application or at any time during such hearing, require that parties desiring to make a presentation identify themselves and may specify the time to be allowed each such party within which to make such a presentation.
8. Action.
   If approval or denial is recommended by the Planning and Zoning Commission, that recommendation and any specific conditions shall be forwarded to the Mayor and Board of Aldermen for their binding decision.
9. Appeal.
   Parties aggrieved by the final decision of the Mayor and Board of Aldermen, may appeal to a court of competent jurisdiction pursuant to state statute.
10. Conditions of approval.
    The Mayor and Board of Aldermen may attach conditions in accordance with the approval. Conditions attached to the approval of a use exception shall run with the applicant for the duration of the use.
11. Abandonment or discontinuance.
    If a use exception is abandoned, discontinued, or ceases for a continuous period of more than three (3) months, the use exception shall become null and void. The use exception shall only be tied to the applicant for that specific location and/or business and cannot be transferred to another entity or location without reapplication. Any use associated with an approved use exception may continue the associated use unless the use is made a nonconformity by any subsequent zoning ordinance and/or action by the Board of Aldermen.
12. Reapplication.
    Reapplication for the same or similar piece of property requesting the same or similar use exception cannot be made within one (1) year from the date the application was originally denied by the Planning and Zoning Commission and/or the Board of Aldermen.

Only the following requirements and the amounts stated are to be considered for administrative adjustments:

1. Lot Coverage.
   Increase of up to five (5) percent of the maximum building coverage allowance.
2. Building Setback
   1. Setbacks in form-based districts
      1. Increase of up to five (5) feet of a required maximum front or side setback adjacent to street.
      2. Decrease of up to two (2) feet of a required minimum front or side setback adjacent to street.
   2. Setbacks in non-form-based districts
      1. Increase of up to five (5) feet of a required maximum front, side, or rear setback adjacent to a street if a minimum distance of ten (10) feet from any adjacent structure is maintained.
      2. Decrease of up to two (2) feet of a required minimum front, side, or rear setback adjacent to a street if a minimum distance of ten (10) feet from any adjacent structure is maintained.
3. Lot Frontage Buildout
   1. Decrease of up to ten (10) percent of the lot frontage buildout requirement at the front or side setback adjacent to street.
   2. For existing lots, the minimum decrease necessary to allow the applicant to meet the required side setbacks
4. Minimum Lot Width.
   A decrease of up to five (5) feet for any existing lot within a TN-E or MDU-9 zoning district from the minimum lot width requirements for a residential or mixed-use development
5. Access Drives and Driveway Width
   1. Increase of up to five (5) feet of the maximum driveway width for shared driveways serving multiple units or when fire service cannot be provided from the street.
   2. Increase the width of a driveway up to a maximum width of 30 feet for lots located within a SD-2 or SD-6 zoning district when accessing a garage or carport with three or more car bays.
   3. Increase in minimum curb radii for industrial or other similar uses when the applicant provides engineering documentation including truck turning templates that necessitate a larger radius for the curb return
6. Required Amount of Parking.
   Increase or decrease up to ten percent (10%) from the number of required spaces based on the use.
7. Parking Setbacks.
   Decrease of up to five (5) feet of a required primary or side street parking setback for form-based districts only. All other districts will require a variance.
8. Parking Lot Layout.
   1. Parking space width.
      A decrease of up to six (6) inches in parking space width, but maintaining a minimum overall width of nine (9) feet. The minimum width of parallel parking spaces is not eligible for administrative adjustments.
   2. Parking space length.
      A decrease of up to six (6) inches in parking space length except for parallel and perpendicular parking spaces.
   3. Drive aisle width.
      A decrease of up to six (6) inches in drive aisle width.
9. Required Amount of Parking.
   An increase or decrease less than ten percent (10%) from the minimum or maximum number of required spaces.
10. Location of Recreational vehicles and equipment.
    Maybe permitted on a hard surface on the side of the front yard if applicant demonstrates that the vehicle cannot be located in the side yard, rear yard, garage, carport, or an enclosed building due to physical constraints of the subject property. Physical constraints shall include existing trees, excessive grades, limited side yard width, HVAC equipment and existing utilities. The removal of existing trees in order to accommodate the parking requirements is not required or preferred.
11. Building Width.
    Increase of up to ten (10) percent of the maximum street facing building width.
12. Articulation in Building Facade.
    Decrease of up to 5 (5) percent of the required wall variation length.
13. Transparency.
    An increase or decrease of up to five (5) percent of the minimum or maximum amount of required transparency.
14. Ground Floor Elevation
    1. An increase or decrease of up to one (1) foot of a required minimum or maximum ground floor elevation for ADA accessibility.
    2. Ground floor elevation shall however be no lower than two (2) feet above the base flood elevation.
15. Story Height
    1. Decrease of up to one (1) foot of a required minimum ground story floor height in form-based districts.
    2. Increase maximum building height up to five (5) feet.
16. Subdivision Requirements
    1. Blocks, Lots, Access.
       Administrative adjustments may be appropriate where topographic changes are too steep, where existing buildings, streams, or other natural or man-made obstructions exist, or site layout of developed properties prevent cross-access, where adjoining uses are incompatible, or where strict compliance with this Unified Development Code would pose a safety hazard.
    2. New Streets.
       Administrative adjustments may be appropriate when an existing building would impede roadway expansion; when transitioning from a different street section; or where strict compliance with this Unified Development Code and City of Starkville Standards of Design & Specifications would pose a safety hazard.
17. Requirements of The City of Starkville Standards of Design and Specifications. 
    1. Administrative adjustments may be appropriate for minor changes to methods, materials, and numerical values used in engineering calculations as long as it meets the intent of the requirement and does not compromise the quality of improvements, increase long-term maintenance or sacrifice the safety of the public, as determined by the City Engineer.
    2. Decrease in access point spacing up to ten (10) percent
    3. Decrease in access and driveway alignment up to five (5) feet
    4. Sidewalk Requirements. All administrative adjustments for sidewalks shall be approved by the City Engineer prior to being authorized by the City Planner. The types of administrative adjustments for sidewalks are as follows:
       1. Alternate Location.
          The applicant shall construct a sidewalk within the general vicinity of the project that is of equal or greater area than the required sidewalk. The location of the alternate sidewalk route shall be determined by the City Engineer. Alternate sidewalk routes of lesser areas may be allowed as approved by the City Engineer and ADA Coordinator if said route provides a logical and needed sidewalk connection. If an alternate sidewalk route cannot be agreed upon, the fee in lieu option shall be used.
       2. Fee in Lieu.
          A fee shall be paid before issuing a Certificate of Occupancy or Final Plat to cover the cost of construction of a required sidewalk. The fee shall be equal to the installed cost of the sidewalks based on unit prices. The fee in lieu cost shall be determined either by a signed and sealed engineering cost estimate for the materials and construction of the sidewalk or two hundred percent (200%) of the value of the concrete sidewalk only, as measured by the total area and multiplied by the Mississippi Department of Transportation (MDOT) quarterly posted construction bid average price for concrete sidewalks. The unit price used to determine the installation cost shall be reviewed and approved by the City Engineer. All fee in lieu payments shall be used for the design and construction of new sidewalks or the replacement of existing sidewalks in areas of the city where the existing sidewalk system can be extended or completed.

1. Request.
   The request for an administrative adjustment shall be made in writing and shall include any drawings and supporting materials to support the request.
2. Review by City Staff.
   The request will be reviewed by the City Planner, City Engineer, and/or city staff. At the discretion of the City Planner or City Engineer, the request may be reviewed during a Development Review Committee meeting.
3. Approval procedure.
   Upon approval of such administrative adjustment by the City Planner and/or City Engineer, a written explanation of the specific approved adjustments shall be attached to the approved site plan and/or building permit application.
4. Disapproval procedure.
   A decision to not allow an administrative adjustment by the City Planner shall require a variance or special exception to allow for the requested adjustment.

1. Special Conditions.
   That special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and the same conditions are not applicable to other land, structures, and buildings in the surrounding area.
2. Literal Interpretation.
   That the literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Code.
3. Hardship.
   That the hardship has not resulted from the actions of the applicant.
4. Special Privilege.
   That granting the variance requested will not confer on the applicant any special privilege that is denied by this Code to other lands, structures, or buildings in the same district.
5. Minimum Variance.
   That granting the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.
6. Consistency with Comprehensive Plan.
   That the granting of the variance will be consistent with the general purpose, intent, goals, objectives, and policies of the Comprehensive Plan and this code and will not be injurious to surrounding areas or otherwise detrimental to the public welfare.

In addition to the criteria stated above, the following criteria shall also be used to review variances in any form-based district.

1. Physical Conditions.
   The physical condition of the property, such as steep slopes, floodplain, drainage, or small or irregular shaped lots, make compliance to the specific standard physically impossible, and this hardship is not created by the applicant.
2. Burden. The burden of proof is on the applicant to demonstrate by clear and convincing evidence that the requested variance meets the criteria for variance review and approval.
3. Impact. The variance will not significantly impact adjacent property owners, the character of the area, traffic conditions, parking, public infrastructure, stormwater management, and other matters affecting public health, safety and general welfare.
4. Urban Principle. The modification will not result in a substantial departure from the basic urban principle that buildings should directly front streets (as opposed to being set back from the right-of-way) and add value to the public realm and pedestrian walkability of the street edge.

1. Application.
   All applications for a variance shall be in the form required and provided by the City Planner. Completed application packages are due by 5:00 p.m. on the deadline date as set forth by the approved Board of Adjustments and Appeals schedule. Such applications shall be submitted to the City Planner together with the fee established by resolution of the Mayor and Board of Aldermen. A “completed application” shall include the application form, the applicable fee, a legal description of the subject property, letter of authorization if required and all required supplemental information necessary to render determinations related to the variance request including:
   1. Interest and ownership.
      The applicant’s name, address, and interest in the application, the concurrence of the owner or owners of the entire land area and structures to be included within the subject property.
   2. Applicant statement.
      A statement explaining the reason for the variance request.
2. Review by the development review committee.
   The application may be required to be reviewed by the Development Review Committee before their public hearing date as determined by City Planner. Comments from this meeting, if not addressed prior to hearing, shall be added to the staff report for the public hearing as a recommended condition(s) of approval.
3. Administrative examination.
   Upon receipt of an application for a variance, the City Planner shall examine, or cause to be examined, the application and shall make such investigation into the proposed variance as is necessary. If the application is determined to be complete, the City Planner shall place the item on the agenda for the Board of Adjustment and Appeals. The date the item will be heard by the Board shall be determined by the Board of Adjustment and Appeals schedule.
4. Public hearing.
   Upon receipt of an application for a variance, the Board of Adjustments and Appeals shall hold a public hearing upon the application in accordance with the procedures cited in the following subsection, and recommend approval with or without conditions or recommend denial of the request. If recommended for approval or denial, the request will then be scheduled for a public hearing for the Mayor and Board of Aldermen.
5. Notice and public hearing procedure for variances.
   In considering and acting upon applications for variances, the following procedures shall be observed:
   1. Mailing of notices.
      The City Planner shall mail notices at least fifteen (15) calendar days prior to the scheduled public hearing, setting forth the time, place and purpose of the public hearing to all owners of real property within a minimum of one hundred sixty (160) feet of the boundaries of the land upon which the variance is requested. For the purpose of notice requirements to nearby owners of real property, the names and addresses of the owners shall be deemed to be those on the current tax records of Oktibbeha County. The failure of any owner required by this section to be notified by mail sent to the address on the current tax records of Oktibbeha County shall not invalidate or otherwise have any effect on the recommendation or final decision of any application.
   2. Legal ad.
      A legal ad shall be placed in the newspaper of record for Starkville at least fifteen (15) calendar days prior to the scheduled public hearing with the following information: governing body to hear the request, date of the hearing, time of the hearing, the location of the hearing, reason for the request, and a legal description of the property per Mississippi Code Title § 17-1-17
   3. Posting.
      A sign shall be placed on the subject property in a conspicuous location at least fifteen (15) calendar days prior to the public hearing, notifying the general public of the request.
6. Applicant to pay costs.
   All costs of notification shall be paid by the applicant together with the application fee established by resolution of the Mayor and Board of Aldermen. The application fee for a variance that did not receive approval prior to the commencement of construction and/or requires a modification of an approved site plan or building plan shall be charged an application fee three (3) times the established rate. Costs which exceed that paid at the time of application shall be billed and paid by the applicant prior to the Board of Adjustment and Appeals’ public hearing.
7. Appearance and presentation.
   At any public hearing upon any matter subject to the provisions of this article, the applicant seeking the variance and any other party desiring to be heard upon the application may appear in person, by agent or by attorney. The applicant shall be entitled to make a presentation and at the conclusion of presentations or statements by all other parties, shall be entitled to offer a statement in rebuttal if desired. The chairman of the Board of Adjustment and Appeals shall, at the commencement of the hearing upon each application or at any time during such hearing, require that parties desiring to make a presentation identify themselves and may specify the time to be allowed each such party within which to make such a presentation.
8. Action.
   If approval or denial is recommended by the Board of Adjustments and Appeals, that recommendation and any specific conditions for approval shall be forwarded to the Mayor and Board of Aldermen for their binding decision.
9. Appeal.
   Parties aggrieved by the final decision of the Mayor and Board of Aldermen, may appeal to a court of competent jurisdiction pursuant to state statute.

The Mayor and Board of Aldermen may attach conditions in accordance with the approval. Conditions attached to the approval of a variance shall run with the land and shall be binding upon the applicants, their heirs, and/or successors.

1. Criteria for sidewalk variance review and approval.
   1. The review and approval of all sidewalk variances except in form-based zoning districts shall be based on criteria as listed in Section 3.7.1.
   2. The review and approval of all sidewalk variances in form-based zoning districts shall be based on criteria as listed in Section 3.7.1 and Section 3.7.2.
2. Variance approval.
   Where the Board of Aldermen determines that construction of sidewalks as required would not be feasible and grant a variance to the sidewalk requirements, one of the two (2) options shall be required
   1. Fee in Lieu. Either the stated or modified fee as calculated in Section 3.6.1.Q.4.b
   2. Alternate Sidewalk Route. A reduction in the size of the required sidewalk per Section 3.6.1.Q.4.a for an alternate route or a different location for an alternate route.as required by the City Engineer.

The review and approval of all variance request from Section 16.9 stormwater management shall be based only on the following criteria:

1. Literal interpretation of the provisions of this article would deprive the owner of reasonable use of their land; and
2. Granting the variance would be in harmony with the general purpose and intent of this article and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

1. Interpretation.
   The appeal of the interpretation of the requirements by City Staff or the City’s Consultant(s) shall be based on an alleged error in interpreting and/or the application of the requirements of the Unified Development Code.
2. Appropriateness of the request.
   The request for an Administrative Appeal shall be for interpretation only and does not trigger the requirements of a variance, waiver, use exception, or special exception.
3. Review.
   The Planning and Zoning Commission, Board of Adjustment and Appeals, and the Board of Aldermen shall have the power to review the decision of City Staff, de novo, but shall not consider new evidence that was not available to City Staff at the time of making an interpretation.

An application for an appeal shall be submitted along with any supporting information to the Planning Department within ten (10) days of the written denial of an application by the Building Department, City Planner, Development Review Committee, and/or City Engineer.

Upon receipt of an application for an administrative appeal, the City Planner shall examine, or cause to be examined, the application and shall make such investigation into the proposed administrative appeal as is necessary. If the application is determined to be complete, the City Planner shall place the item on the agenda for either the Planning and Zoning Commission or the Board of Adjustment and Appeals. The appeal shall be placed on the next regularly scheduled meeting of either the Planning and Zoning Commission or the Board of Adjustments and Appeals in accordance with the submittal schedule for non-advertised agenda items.

At the meeting, the applicant seeking the administrative appeal and any other party desiring to be heard upon the application may appear in person, by agent or by attorney. The applicant shall be entitled to make a presentation and at the conclusion of presentations or statements by all other parties, shall be entitled to offer a statement in rebuttal if desired. The chairman of either the Planning and Zoning Commission or the Board of Adjustment and Appeals shall, at the commencement of the meeting upon each application or at any time during such meeting, require that parties desiring to make a presentation identify themselves and may specify the time to be allowed each such party within which to make such a presentation.

The decision recommended by either the Planning and Zoning Commission or the Board of Adjustments and Appeals and any specific conditions for approval shall be forwarded to the Mayor and Board of Aldermen for their binding decision. A super majority vote by either the Planning and Zoning Commission or the Board of Adjustments and Appeals shall be necessary to modify or reverse any order, requirement, decision, or determination of the Building Official, City Planner, Development Review Committee, and/or City Engineer. The Mayor and Board of Aldermen shall proceed to review the recommendation by either the Planning and Zoning Commission or the Board of Adjustment and Appeals. At the meeting, the decision of either the Planning and Zoning Commission or the Board of Adjustment and Appeals shall either be affirmed, modified, or reversed by the Board of Aldermen by majority vote.

Parties aggrieved by the final decision of the Mayor and Board of Aldermen, may appeal to a court of competent jurisdiction pursuant to state statute.

The Mayor and Board of Aldermen may attach conditions in accordance with the approval. Conditions attached to the approval of an administrative appeal shall run with the land and shall be binding upon the applicants, their heirs, and/or successors.

The intent of site plan review is to ensure that development within the City of Starkville is consistent with all applicable development standards. The approval of such development will be based upon the provisions of this code and availability of adequate public facilities and services. It should take into account the potential impact and compatibility of the development with existing and anticipated developments within the immediate area and the City as a whole.

1. Site plan approval shall be required for any site with a building modification resulting in one thousand (1,000) square feet or more of new floor space and/or any building modification in which the construction cost, as determined by the Building Department, for the modification is more than fifty (50) percent of its tax assessor’s replacement value or an appraised replacement value at the time of modification of the structure only, not including the land. Site plan approval shall not be required on single lot detached dwellings and single lot attached dwelling duplex. Site Plan review shall be required prior to the public hearing for all special exceptions that require site plan review. Site plan review may be required prior to the public hearing for a use exception at the discretion of the City Planner.
2. All developments requiring site plan approval will be required to meet all current site plan design requirements including but not limited to: landscaping, parking lot layout, sidewalks, signage, stormwater management, etc.
3. Infrastructure plan approval shall be required on all subdivisions with public infrastructure after approval of the Preliminary Plat and prior to any construction activity including land disturbance and/ or the removal of existing trees
4. No structure or site requiring approval from the Development Review Committee shall be modified, erected, or used prior to receiving site plan and/or infrastructure plan approval.
5. No erosion control or building permit shall be issued prior to site plan and/or infrastructure plan approval pursuant to the provisions of this section.

After reviewing a site and/or infrastructure plan and finding that the proposed plan meets the minimum requirements, the Development Review Committee will approve the site plan and/or infrastructure plan. If the site plan and/or infrastructure plan includes any requests for waiver, variance, special exception, use exception, preliminary plat, or final plat approval, the Development Review Committee will approve the site plan only after approval from the Board of Aldermen.

1. Application.
   An application for review by the Development Review Committee shall be submitted along with a site plan and any other required information to the Planning Department a minimum of ten (10) days prior to a regularly scheduled meeting of the Development Review Committee. Such applications shall be submitted to the City Planner together with the fee established by resolution of the Mayor and Board of Aldermen. The application shall include the following:
   1. Applicant and/or owner information.
      The following shall be identified and contact information provided, when applicable: owner or authorized agent, engineer, architect, surveyor, landscape architect, or any others involved in the preparation of the application. All plans shall be stamped if required by state statute.
   2. Project information.
      The following shall be listed on the application when applicable: project name, project address, parcel id number, and zoning. If the project has no physical address, the applicant shall provide the name of street and distance to the nearest intersection.
   3. Project description.
      All projects shall include a description of the project. If the development is being proposed to be built in phases, the applicant shall submit an application for the entire development showing all phases. Target dates for completion of each phase and the entire development shall be included.
2. Site plan requirements.
   The following sheets with required information shall be submitted as part of a complete application for review by the Development Review Committee. The maximum sheet size for site plans shall not exceed thirty (30) inches by forty-two (42) inches. A sheet size of twenty-four (24) inches by thirty-six (36) inches is preferred. Plans shall also be provided digitally in a Portable Document Format (PDF). Multiple sheets may be used, provided each sheet is numbered and the total number of sheets is indicated on each sheet. Cross referencing between sheets shall be required. All of the following information and any other required information specified in this code or as required by city staff shall be required:
   1. Coversheet.
      The coversheet shall include:
      1. Project name
      2. Vicinity map showing the relationship of the proposed site plan to surrounding streets and public facilities
      3. Sheet Index
      4. Contact information for the Owner, Design Professional, and Utilities providing service
      5. Development data including the following: project area in acres, phase area(s) in acres, disturbed area in acres, and property zoning
      6. Building data including the following: total proposed square footage for all uses (commercial, residential, office etc.), total number of residential units, and total number of bedrooms
      7. Submittal date and any revision dates. Revisions shall be clearly identified using revision clouds
   2. Existing Conditions Survey.
      A site survey shall be drawn at a scale no more than one (1) inch to one hundred (100) feet or larger. A site survey, meeting minimum standards set forth by the Mississippi Licensure Board for Professional Engineers and Surveyors, shall be prepared by a Mississippi licensed land surveyor and shall illustrate the following:
      1. Name and license number of surveyor and seal
      2. Date of survey and references
      3. North arrow, legend, and graphic scale
      4. Lot or parcel numbers of lot and adjacent lots
      5. Bearing and distance of boundary lines
      6. All existing features, structures, improvements, and encroachments
      7. Existing contours shall be illustrated as a dashed line. Topographic contours shall be illustrated at a minimum of one (1)-foot intervals and extending a minimum of ten (10) feet beyond the property boundaries. Survey beyond the property boundaries may be supplemented with publicly available LIDAR topographic data if access is not feasible. Additional topographic information may be required beyond the minimum ten (10) feet if deemed necessary by City Staff.
      8. All existing underground and above ground utilities to the greatest extent possible utilizing the best information available including but not limited to visible observation, publicly available maps, and utility locate markings.
      9. All known easements located in source deeds or provided by other parties.
      10. All existing streams, water courses, creeks or other drainage ways including the flowline, toe of slope, top of each bank and other pertinent information as requested by City Staff
      11. All wetlands or other environmentally sensitive areas to the greatest extent possible utilizing the best information available including but not limited to visible observation and publicly available maps. xii. Federal Emergency Management Agency (FEMA) flood hazard zone or limits of the one hundred (100) -year floodplain
      12. The site area shall be labeled on the survey in acres for lots more than one (1) acre in size. Lots less than one (1) acre shall have acreage and square footage clearly labeled.
   3. Site plan.
      Site plans shall be drawn at a scale of one (1) inch to fifty (50) feet or larger. Necessary notes and symbol legends shall be included. Abbreviations should be avoided, but if used, shall be defined in the notes. A site plan prepared by a Mississippi licensed Architect, Landscape Architect, Engineer, or Surveyor shall illustrate the following:
      1. Boundary, setback lines, existing easements, and proposed easements
      2. North arrow, legend, and graphic scale
      3. Vehicular areas for site plan review. The following shall be included: driveway widths, pavement markings, sight triangles at intersections, crosswalks, parking, ADA parking, loading zones, location of heavy-duty pavement, parking lot terminal islands, parking lot median islands, parking lot interior islands, accessory structures associated with parking lots, loading areas, curbs, and traffic control signage
      4. Vehicular areas for infrastructure plan review. The following shall be included: centerline, street widths, R.O.W. widths, curve radius, pavement markings, angle of intersection of roadways, sight triangles at intersections, crosswalks, and traffic control signage
      5. Pedestrian areas. The following shall be included: sidewalk locations, sidewalk dimension, ADA accessible route from vehicular areas, ADA accessible route from right of way to buildings, ADA curb ramps, ADA access ramps, details of ramps, guardrails, or other minimum required site elements necessary to meet ADA standards
      6. Building areas for site plan review. The following shall be included: building square footage (with calculation method), number of residential units, number of bedrooms, number of stories, and total height of building in feet from grade from the average elevation of the finished grade surrounding the structure to the highest point of the structure as applicable
      7. Fire protection and fire zones for site plan review. Occupancy load calculations shall be done per IFC 2012 section 1004
      8. Dumpster enclosure location for site plan review
   4. Grading and drainage plan.
      A grading and drainage plan shall be drawn at a scale of one (1) inch to fifty (50) feet or larger. Necessary notes and symbol legends shall be included. Abbreviations should be avoided, but if used, shall be defined in the notes. The grading and drainage plan shall be prepared by a Mississippi licensed Design Professional. The grading plan shall include but is not limited to:
      1. All requirements of 8.A of the City of Starkville Standards of Design & Specifications for existing stormwater management facilities that are to remain or be altered after construction is complete
      2. Boundary, existing easements, and proposed easements;
      3. North arrow, legend, and graphic scale
      4. All existing and proposed utilities including but not limited to sanitary sewers, water, gas, telecommunications, utility poles, electric lines, and site lighting;
      5. All proposed buildings with the finished floor elevation for the first floor
      6. All site elements including but not limited to: all proposed curbs, all existing curbs to remain, retaining wall location with elevations, all trees to remain, all proposed vehicular use areas, and all proposed pedestrian use areas
      7. Locations, size, linear length, type, slope, surface and invert elevations (for inflow and outflow locations) of all stormwater conduits, drainage inlets, junction boxes, swales, conveyance systems, detention or retention systems, weirs, baffles, control structures, headwalls, flared-end sections, or any other drainage related structures including any downstream receiving structures that are directly collecting stormwater from the development; an identification number or naming nomenclature that clearly represents the pipe network
      8. Existing streams and floodplains to be maintained and new channels to be constructed including their locations, cross-sections and profiles
      9. Spot elevations for any curb and gutter that is located within a curvilinear line or which is to be installed at minimum slopes
      10. Spot elevations for detention ponds along the bottom of the pond to ensure that the pond fully drains between rain events
      11. Proposed grading to one-foot intervals in a dark, solid line that shows the extent and limits of grading, as well as how proposed grades will tie into existing grades. Existing contours may be shown if they are shown in light, dashed lines and do not interfere with the overall interpretability of the plan. No grading should be completed off-site without a written letter from the property owner stating that such grading is allowed
      12. Details and application rates of any velocity dissipation devices (e.g., rip rap) such that said devices can easily be installed at the appropriate location and with the appropriate material, size, and quantity. Velocity dissipation devices shall be required at all outfalls leaving the site
      13. The conveyance system tabulation as described in 3.B.4 of the City of Starkville Standards of Design & Specifications;
      14. All appropriate details for pipe installation, inlet installation, outlet control structures, emergency spillways, etc. These may be placed on supplemental details sheet and not on the grading plan
      15. Any proposed environmental enhancement or mitigation features.
      16. ADA access shall also be provided on the Grading and Drainage plan unless City staff requests a separate sheet for ADA review. Spot elevations shall be provided at all corners of ADA ramps, both sides of all walkways every twenty (20) feet, all corners of ADA parking and access aisles. Spot elevations shall also be required on both sides of all proposed sidewalks at the property line for all major subdivisions as part of infrastructure review.
   5. Utility plan.
      A utility plan shall be drawn at a scale of one (1) inch to fifty (50) feet or larger. Necessary notes and symbol legends shall be included. Abbreviations should be avoided but if used they shall be defined in the notes. A Utility plan prepared by a Mississippi licensed design professional shall illustrate the following as required:
      1. Boundary, existing easements, and proposed easements
      2. North arrow, legend, and graphic scale
      3. Utilities.
         All of the following existing and proposed utilities shall be included: sanitary sewers, water, gas, telecommunications, utility poles, electric lines, and site lighting.
      4. Sanitary sewer.
         For site plan review the following elements shall be included:
         1. Proposed sewer demand for development and peak design values used.
         2. Service lateral size and type
         3. Grease interceptor, if applicable
         4. Proposed, or existing service connection locations and sizes
      5. Sanitary sewer.
         For infrastructure plan review the following elements shall be included:
         1. Proposed sewer demand for development and peak design values used
         2. Proposed sewer tap(s) location, sizes, procedures, and materials
         3. Pipes (size, type, length, slope) stationing at fifty (50) foot intervals
         4. Manhole (type, rim) inverts in and out
         5. Identification number and stationing
      6. Water.
         For site plan review the following elements shall be included:
         1. Proposed water service and fire flow demand for development and peak design values used.
         2. Proposed water tap(s) location, size, procedures, and materials
         3. Fire hydrants
         4. Proposed or existing water service connections including meter size and locations
         5. Back flow prevention, if required
      7. Water.
         For infrastructure plan review the following elements shall be included:
         1. Proposed water service and fire flow demand for development and peak design values used
         2. Water main size
         3. Water main type
         4. Water valves
      8. Sanitary sewer and manhole profile.
         For infrastructure plan review the following elements shall be included:
         1. Station of structure (left or right)
         2. Rim elevation
         3. Inverts (in, out, each pipe)
         4. Pipe (check clearance with casting)
         5. Identification number (referenced to plan)
         6. Show water and storm pipe conflicts and clearance
         7. Sewer main size
         8. Sewer main material and type
         9. Length in feet
         10. Slope in percent (%)
         11. Check cover and clearance with water storm pipes
         12. Concrete encasements at crossings
         13. Show existing pipe/manholes in different symbols
      9. Electric.
         For site plan review the following elements shall be included:
         1. Location existing and proposed utility pole l
         2. Location and type of overhead lines
            
         3. Proposed and existing electrical connections to proposed and existing buildings
         4. Proposed and existing electrical easements for public and private lines
         5. Show proposed location and/or options for locations of electrical equipment (transformers, junction cabinets, secondary pedestals, etc.).
         6. Show proposed and existing site lighting locations
   6. Erosion prevention and sediment control plan.
      An Erosion prevention and sediment control plan shall be drawn at a scale of one (1) inch to fifty (50) feet or larger. Necessary notes and symbol legends shall be included. Abbreviations should be avoided, but if used, shall be defined in the notes. The Erosion prevention and sediment control plan shall be designed in accordance with the MDEQ Field Manual for Erosion Control and Sediment Control on Construction Sites in Mississippi and prepared by a Mississippi licensed design professional and shall illustrate the following:
      1. Required items necessary for Grading and Drainage plan are outlined in The City of Starkville Standards of Design and Specifications
   7. Roadway plan and profile for infrastructure review.
      A roadway plan and profile shall be drawn at a scale of one (1) inch to fifty (50) feet or larger. Necessary notes and symbol legends shall be included. Abbreviations should be avoided, but if used, shall be defined in the notes. A roadway plan and profile prepared by a Mississippi licensed design professional shall illustrate the following:
      1. Plan.
         The following shall be included:
         1. Stationing at fifty (50) foot intervals
         2. Existing and proposed utilities
         3. Centerline curve and line labels (may be in tabular format)
         4. Horizontal curve labels and station (PC, PT)
         5. Roadway elements (right of way, curb, sidewalks, edge of pavement, etc.)
         6. Street names
      2. Profile.
         The following shall be included:
         1. Stationing and elevations at fifty (50) foot intervals
         2. Existing and proposed centerline profile and elevations
         3. Proposed centerline grades and slope in percent
         4. Vertical curve labels and station (PVC, PVI, PVT, high and low point, K-value, Length)
         5. Intersection (station at roadway centerline and name)
      3. Construction details.
         Construction details shall be drawn at a legible scale. Necessary labels and notes shall be included. Construction details prepared by a Mississippi licensed design professional shall illustrate the following as required:
         1. Pavement cross section(s)
         2. Curb detail
         3. Sidewalk details
         4. Pipe bedding (for paved and unpaved areas, and specific to each pipe material)
         5. Drainage structures (inlets, manholes, castings)
         6. Endwalls and flared end sections
         7. Sanitary structures (manholes, cleanouts, castings)
         8. Manhole drop connections
         9. Service laterals and cleanouts
         10. Water service
         11. Fire hydrants (valves, tees, thrust blocks)
         12. Wet tap, blow-off, valves
         13. Retaining wall details
         14. Lighting (fixture, poles, limit of illumination)
         15. Detention basin outlet structure
         16. Traffic signage, pavement markings (striping, arrows, etc.)
         17. Special site-specific details
         18. Ditches and swales
         19. Grease interceptor
         20. Back flow prevention
         21. Signage details
         22. Dumpster screen
   8. Landscape plan.
      A landscape plan shall be drawn at a scale no larger than one (1) inch to fifty (50) feet. Necessary notes and symbol legends shall be included. Abbreviations should be avoided, but if used, shall be defined in the notes. A landscape plan prepared by a Mississippi licensed design professional shall illustrate the following:
      1. Boundary and disturbance limits
      2. North arrow, legend, and graphic scale
      3. Utilities. The following shall be included: existing and proposed sanitary sewers, water, gas, telecommunications, utility poles, and electric lines
      4. Topography. Existing contours shall be illustrated as a dashed line. Proposed contours shall be illustrated as a solid line. All contours are to be labeled. Topographic contours shall be illustrated at a minimum of one (1)-foot intervals
      5. Building areas. All existing and proposed building and accessory structure footprints
      6. Site elements. The following shall be included: all proposed curbs, all existing curbs to remain, retaining wall location, all the trees to remain, all proposed vehicular use areas, all proposed buffer areas, and all proposed pedestrian use areas
      7. Detention/Retention basin. The location of the any proposed detention/retention basin and structures
      8. Existing landscaping, buildings, or other improvements on adjacent property within five (5) feet of the common property line
      9. Plant schedule showing the botanical name, common name, height, caliber as measured at base of trunk (trees only), and quantity
      10. Plant details showing a typical planting for all trees, shrubs, and groundcovers

1. Comment procedure. Comments from the Development Review Committee shall be issued in writing after each review by the department issuing the comment. The applicant shall revise the plan per the comments or reply in writing as to why the revisions cannot be made. Only after revisions to the plan that meet the requirements of the Development Review Committee can the approval procedure begin.
2. Approval procedure. Upon approval of such site plan and/or infrastructure plan by the Development Review Committee and by the Architectural Review Committee (if required), a building permit and/or site disturbance permit application may be submitted to the building department for subsequent review. The approved site plans shall be signed by each member of the Development Review Committee or their designated signee.
   1. Disapproval procedure. If the Development Review Committee denies a site plan proposal, it shall specify the reasons said plan was denied with specific reference to those sections of the applicable City Code on which said denial was based.
3. Appeal procedure. A decision to deny a site plan by the Development Review Committee for any reason that does not require a variance, waiver, or exception, can be appealed to the Board of Aldermen. The applicant shall have ten (10) business days to appeal that decision to the Board of Aldermen. The appeal will be placed on the Board of Aldermen agenda. Parties aggrieved by the final decision of the Mayor and Board of Aldermen, may appeal to a court of competent jurisdiction pursuant to state statute.
4. Expiration. The site plan approval shall expire twelve (12) months after approval by the Development Review Committee, if construction has not been started evidenced by steady and continuous progress as determined by the Building Official or the City Planner.
5. Extension. The approval of a site plan may be extended for six (6) months by the Development Review Committee. If an extension is not granted, reapplication is required.
6. Transfer of approval. In the event property with an approved site plan is sold, transferred, leased, or any other change in ownership, the approval shall be transferable and subject to the same terms of approval as the original approval.

The intent of architecture review is to ensure that development within the City of Starkville is consistent with all applicable development standards. The approval of such development will be based upon the provisions of this code, the contextual surroundings of the development, potential visual impacts, compatibility with existing developments, and compatibility with anticipated developments within the immediate area and the City as a whole.

1. All land areas in the city which are zoned for commercial use, industrial use, mixed-use, or multi-unit residential greater than two (2) dwelling units per site shall be subject to Architecture Review.
2. All proposed buildings or proposed remodeled buildings that require site plan review shall require Architecture Review approval prior to receiving a building permit.
3. The architecture review process can begin before, during, or after the site plan review and approval process.

After reviewing the building design plan and finding that the proposed plan meets the minimum requirements, the Architecture Review Committee will approve the building design plan. If the building design plan includes any requests for waiver, variance, or exception, the Architecture Review Committee will approve the building design plan only after approval from the Board of Aldermen. Approval of a building design plan is required prior to building permit approval.

1. Pre-Application.
   A pre-application meeting may be scheduled at the request of the applicant to discuss requirements and review conceptual drawings. A pre-application meeting is not required, but recommended.
2. Application.
   An application for Architecture Review shall be submitted along with the building plans to the Planning Department. Such applications shall be submitted to the City Planner together with the fee established by resolution of the Mayor and Board of Aldermen. The application shall include the following:
   1. Applicant and/or owner information.
      The application shall list the property owner or authorized agents contact information including mailing address, email address, and phone number.
   2. Project information.
      The following shall be listed on the application: project name, project address, parcel id number, and zoning district.
   3. Project description.
      All projects shall include a description of the project indicating the proposed uses (commercial, residential, mixed-use, etc.). If the development is being proposed to be built in phases, the applicant shall submit an application for the entire development showing all phases. Target dates for completion of each phase and the entire development shall be included.
3. Building design plan requirements.
   The following sheet with required information shall be submitted as part of a complete application for review by the Architecture Review Committee. The maximum sheet size shall not exceed thirty (30) inches by forty-two (42) inches. A sheet size of twenty-four (24) inches by thirty-six (36) inches is preferred. Plans shall also be provided digitally as a Portable Document Format (PDF). Multiple sheets may be used provided each sheet is numbered and the total number of sheets is indicated on each sheet. Cross referencing between sheets shall be required. All of the following information shall be required prior to being placed on the Architecture Review Committee’s agenda:
   1. Coversheet.
      The coversheet shall include:
      1. Project name
      2. Vicinity map
      3. Sheet Index
      4. Contact information for the Owner and Design Professionals
      5. Building data including the following: total proposed square footage for each use (commercial, residential, office, etc.), the total number of residential dwelling units, and the total number of bedrooms vi. Submittal date and any revision dates
   2. Site plan.
      Site plans shall be drawn at a scale of one (1) inch to fifty (50) feet or larger. Necessary notes and symbol legends shall be included. Abbreviations should be avoided but if used they shall be defined in the notes. Drawings shall illustrate the following:
      1. Boundary, setback lines, and easements
      2. North arrow, legend, and graphic scale
      3. The location of parking areas, loading zones, dumpster enclosure, sidewalks, and walkways
      4. The locations of all buildings on the site
   3. Building plans.
      Building drawings shall be drawn at a common scale so as to be legible. Necessary notes and symbol legends shall be included. Abbreviations should be avoided, but if used, shall be defined in the notes. Drawings shall illustrate the following:
      1. Schematic floor plan for each floor for the purpose of locating exterior windows and doors
      2. Door and window schedule for all exterior doors and windows
      3. Color rendered elevations of all sides of the building with facade requirements (see Development Standards Chart Section 14).
      4. An elevation of the street face side of the building with dimensions showing the overall height of the building and each individual floor
      5. All proposed building finishes shall be labeled. A finish schedule shall be included on the sheet for which they are referenced. The finish schedule shall include material type, color, and product reference information
      6. For projects located within a T-4, T-5D, T-5C, and T-5U zoning districts, a percentage of fenestration per floor shall be required (see Development Standards Chart Section 14).
   4. Building Materials Board.
      A material sample of all key materials and colors, properly labeled, and affixed to hard surface, may be required upon request from reviewer for review. Material samples shall be a minimum size of three inch by three inch (3”x3”). Major colors must be actual samples. Minor colors may be printed samples. Paint and stain samples from wood color fans are acceptable.
4. Approval, disapproval, and appeal procedures
   1. Comment procedure.
      Comments from Architecture Review shall be issued in writing after each review. The applicant shall revise the proposed building plan per the comments or reply in writing as to why the revisions cannot be made. Only after revisions to the proposed building plan meets the requirements of the Architecture Review will the approval procedure begin.
   2. Approval procedure.
      Upon approval of such building design proposal by Architecture Review and an approved site plan by the Development Review Committee, a building permit application may be submitted to the building department for subsequent review. The approved building design proposal shall be signed by the consultant of the Architecture Review.
   3. Disapproval procedure.
      If Architecture Review denies a building design proposal plan, it shall specify the reasons said plan was denied.
   4. Appeal procedure.
      A decision to deny a building design proposal by the independent consultant for any reason that does not require a variance, waiver, or exception, can be appealed as an Administrative Appeal to the Board of Aldermen. The applicant shall have ten (10) business days from the decision to deny to appeal that decision. The appeal shall be placed on the next regularly scheduled meeting of the Planning and Zoning Commission in accordance with the submittal schedule for non-advertised agenda items. Parties aggrieved by the final decision of the Mayor and Board of Aldermen, may appeal to a court of competent jurisdiction pursuant to state statute.
   5. Expiration.
      The building design proposal approval shall expire twelve (12) months after approval by Architecture Review if construction has not been started evidenced by steady and continuous progress as determined by the Building Official or the City Planner.
   6. Extension.
      The approval of a building design proposal may be extended for six (6) months by the City Planner. If an extension is not granted, reapplication is required.
   7. Transfer of approval.
      In the event property with an approved building design is sold, transferred, leased, or any other change in ownership, the approval shall be transferable and subject to the same terms of approval as the original approval.

1. That special conditions and circumstances exist which are peculiar to the property involved, and the same conditions are not applicable to other properties in the surrounding area.
2. That the literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Code.
3. That the hardship has not resulted from the actions of the applicant.
4. That granting the waiver requested will not confer on the applicant any special privilege that is denied by this Code to other properties in the same district.
5. That granting the waiver is the minimum waiver that will make possible the reasonable use of the property.
6. That the granting of the waiver will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to surrounding areas or otherwise detrimental to the public welfare.

1. Application.
   All applications for a landscape waiver shall be in the form required and provided by the City Planner. Completed application packages are due by 5:00 p.m. on the deadline date as set forth by the approved Landscape Advisory Board schedule. Such applications shall be submitted to the City Planner together with the fee established by resolution of the Mayor and Board of Aldermen. The application fee for landscape waivers that require a modification of an approved site plan shall be charged an application fee three (3) times the established rate. A “completed application” shall include the application form, the applicable fee (as determined by resolution), and all required supplemental information necessary to render determinations related to the landscape waiver request including:
   1. Applicant statement.
      A statement explaining the reason for the landscape waiver request and the specific requirements of the code for which the waiver is being requested.
   2. Landscape plan.
      A landscape plan shall be drawn at a scale of one (1) inch to fifty (50) feet or larger. Necessary notes and symbol legends shall be included. Abbreviations should be avoided, but if used, shall be defined in the notes. A landscape plan prepared by a Mississippi licensed design professional shall illustrate the following:
      1. Boundary and disturbance limits.
      2. North arrow, legend, and graphic scale.
      3. Utilities. The following shall be included: existing and proposed sanitary sewers, water, gas, telecommunications, utility poles and electric lines.
      4. Topography. Existing contours shall be illustrated as a dashed line. Proposed contours shall be illustrated as a solid line. All contours are to be labeled. Topographic contours shall be illustrated at a minimum of one (1)-foot intervals.
      5. Building areas. All proposed buildings footprints.
      6. Site elements. The following shall be included: all proposed curbs, all existing curbs to remain, all retaining wall locations with elevations, all trees to remain, all proposed vehicular use areas, and all proposed pedestrian use areas.
      7. Detention/Retention basin. The location of any proposed/existing detention/retention basin and structures.
      8. Existing landscaping, buildings, or other improvements on adjacent property within five feet of the common property line.
      9. Plant schedule showing the botanical name, common name, height, caliber as measured at base of trunk (trees only), and quantity.
      10. Plant details showing a typical planting for all trees, shrubs, and groundcovers.
2. Appearance and presentation.
   At any meeting of the Landscape Advisory Board for a landscape waiver request, the applicant seeking the waiver and any other party desiring to be heard upon the application may appear in person, by agent, or by attorney. The applicant shall be entitled to make a presentation and at the conclusion of presentations or statements by all other parties, shall be entitled to offer a statement in rebuttal if desired. The chairman of the Landscape Advisory Board shall, at the commencement of the hearing upon each application or at any time during such hearing, require that parties desiring to make a presentation identify themselves and may specify the time to be allowed each such party within which to make such a presentation.
3. Action.
   The decision recommended by the Landscape Advisory Board and any specific conditions for approval shall be forwarded to the Mayor and Board of Aldermen for their binding decision. The Mayor and Board of Aldermen shall proceed to review the recommendation by the Landscape Advisory Board. At the hearing, the decision of the Landscape Advisory Board shall either be affirmed, modified, or reversed by the Board of Aldermen.
4. Appeal.
   Parties aggrieved by the final decision of the Mayor and Board of Aldermen, may appeal to a court of competent jurisdiction pursuant to state statute.
5. Conditions of Approval.
   The Mayor and Board of Aldermen may attach conditions in accordance with the approval. Conditions attached to the approval of a landscape waiver shall run with the land and shall be binding upon the applicants, their heirs, successors, and assigns for the duration of the use of the building, and/or site.

It shall be unlawful for any individual being the owner, agent, or person having control of any land within the incorporated area of Starkville, Mississippi, to subdivide or layout such land in lots unless by a plat, in accordance with the regulations contained herein. No lots shall be sold nor any plat recorded until such plat has been approved as herein provided. The division of land and buildings that is classified by State statute as a condominium shall not be deemed a subdivision. Condominium projects shall comply with the requirements of a condominium plat in this code. All applications shall be submitted to the City Planner together with the fee established by resolution of the Mayor and Board of Aldermen

Whenever any subdivision of land is proposed, before any recording of deeds, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner or his authorized agent, shall apply for and secure approval of such proposed subdivision in accordance with the following procedure:

1. Major subdivision.
   A major subdivision is any subdivision of land that requires the platting and construction of public infrastructure. Classification of the proposed subdivision shall be determined by City Staff. The following procedural steps shall be followed:
   1. Preliminary Plat Review- by the Development Review Committee
   2. Preliminary Plat- by the Planning and Zoning Commission and the Board of Aldermen
   3. Infrastructure Plan Review- by the Development Review Committee
   4. Final Plat Review- by the Development Review Committee
   5. Final Plat- by the Planning and Zoning Commission and the Board of Aldermen
2. Minor subdivision. A minor residential subdivision is any residentially zoned plot of land less than one (1.00) acre, creating a maximum of four (4) lots, and that has access to public infrastructure. A minor subdivision can also be the subdividing of any plot of land in any zone that does not require infrastructure plan approval. A minor subdivision shall also include the aggregation of several lots. Classification of the proposed subdivision shall be determined by the City Planner. The following procedural steps shall be followed:
   1. Final Plat Review- by the Development Review Committee
   2. Final Plat- by the Board of Aldermen

All costs associated with a subdivision application shall be paid by the applicant together with the application fee established by resolution of the Mayor and Board of Aldermen. The applicant shall also be required to reimburse the City for costs associated with addressing for the subdivision. Costs which exceed that paid at time of application shall be billed and paid by the applicant prior to execute a certificate of final plat approval.

The following are the procedural steps for a major subdivision:

1. Pre-application review.
   It is recommended, but not required, that all applicants schedule an informal review session with Development Review Committee prior to making an official application for preliminary plat review. There shall be no fee associated with this review. The review shall be held during a regularly scheduled development review committee meeting.
2. Preliminary plat review
   1. A preliminary plat indicating the relationship of the proposed subdivision to existing development and nearby community facilities. The plat shall include all required preliminary plat specifications and preliminary plat certificates specified in section 3.14.1.
   2. The preliminary plat and any required supporting information shall be submitted to the Planning Department for review by the Development Review Committee ten (10) days prior to the scheduled meeting.
   3. As part of the application, the applicant must list the names and addresses of any adversely affected parties to the subdivision. If the party is not a signatory of the ownership certificate of the plat, a letter from each adversely affected party agreeing to the vacation or alteration shall be provided prior to the application being reviewed. The determination of the adversely affected parties to the subdivision shall be the sole responsibility of the applicant.
   4. After the preliminary plat has been determined to be acceptable by the Development Review Committee, the applicant may proceed to file a preliminary plat application for review by the Planning and Zoning Commission.
3. Preliminary plat approval procedure
   1. An application for preliminary plat approval shall be filed with the Planning Department for review by the Planning and Zoning Commission containing the information specified herein and which shall convey the intentions of the applicant with respect to the proposed type of development and layout.
   2. In order for the preliminary plat to be properly reviewed, the subdivider or his authorized agent shall submit seven (7) paper copies and a digital copy as a Portable Document Format (PDF) of the preliminary plat not less than fourteen (14) days in advance of the regular meeting date at which time the said plat is to be considered by the Planning and Zoning Commission.
   3. Upon receipt of an application for preliminary plat approval, the Planning Department shall create a staff report and add the request to the agenda of the Planning and Zoning Commission.
   4. The Planning and Zoning Commission shall proceed to consider the application based on the requirements of this Code. The Planning and Zoning Commission may recommend, recommend conditionally, or deny the request. Recommendations of approval shall be forwarded to the Mayor and Board of Aldermen of such preliminary plat within thirty (30) days after recommendation of approval by the Planning and Zoning Commission.
   5. Approval of a preliminary plat by the Mayor and Board of Aldermen shall be denoted by the issuance of a letter of preliminary plat approval. One (1) paper copy and a digital copy of the approved preliminary plat shall be retained in the Planning Department’s files.
   6. If the preliminary plat is approved with condition(s) by the Board of Aldermen, the conditions shall run with the preliminary plat until final plat or expiration of the plat.
   7. If denied by the Planning and Zoning Commission or the Board of Aldermen the reasons for such action shall be stated, and if possible, recommendations should be made on the basis of which the proposed subdivision could be recommended for approval. A disapproved preliminary plat may be resubmitted to the Planning and Zoning Commission and the Mayor and Board of Aldermen after the suggested changes have been made.
   8. Approval of a preliminary plat shall be tentative, pending the submission of the infrastructure plans and final plat as specified herein.
   9. Approval of the preliminary plat shall be effective and binding upon the City for one (1) year. An expired preliminary plat may be reapproved at the discretion of the Board of Aldermen.
   10. Approval of the preliminary plat by the Board of Aldermen is the subdivider’s authorization to proceed with infrastructure plan submittal.
4. Infrastructure Plan Review and Approval
   1. The subdivider shall submit infrastructure drawings to the Planning Department to be reviewed by the Development Review Committee in accordance with Section 3.9 prior to issuance of any permits. Such plans and information shall be furnished separately from the preliminary plat.
   2. Before commencing construction, a preconstruction conference shall be held by City Staff, the applicant and the contractor(s) performing the infrastructure installation.
   3. All necessary arrangements must be made between the subdivider and the City Engineer for third party laboratory and construction inspection to assure that the improvements shall comply with the standard specifications and testing requirements of the City.
   4. Upon the issuing of an approved infrastructure plan by the Development Review Committee and completion of the Preconstruction conference, and installation of initial erosion control measures, the subdivider may apply for permits to proceed with the construction of infrastructure improvements.
   5. As-builts, testing reports, and other requested documentation necessary for final approval shall be submitted to the engineering and utilities departments twenty (20) days prior to final plat review.
   6. As-builts shall be prepared by a licensed PE and meet the requirements outlined in the City of Starkville Design Standards and Specifications
5. Final plat review
   1. A final plat indicating the installed improvements to be dedicated to the City. The plat shall include all required final plat specifications and final plat certificates specified in section 3.14.2.
   2. The final plat, covenants, and all required supporting information shall be submitted to the Planning Department for review by the Development Review Committee ten (10) days prior to a scheduled Development Review Committee meeting.
   3. All comments and outstanding punch list items must be addressed and completed prior to being placed on the Planning and Zoning Commission agenda.
   4. Prior to providing an acceptable surety, the Developer shall provide an itemized construction cost estimate, which shall be prepared and certified by a licensed professional engineer, to the City Engineer and the Utility Department. The City Engineer will determine the surety amount based on this information and may require additional information if the estimate is incomplete or underestimated.
   5. A draft of the Performance Guarantee Agreement and an acceptable surety in the amount approved by the City Engineer for unfinished items shall be submitted and accepted by City Staff prior to being placed on the Planning and Zoning Commission agenda.
   6. After the final plat has been determined to be acceptable by the Development Review Committee, the applicant may proceed to file a final plat application for review by the Planning and Zoning Commission.
   7. An incomplete application will not be processed or reviewed until all required documentation is submitted.
6. Final plat approval procedure
   1. When the provisions of these rules and regulations have been complied with, and while the certificate of preliminary plat and/or infrastructure plan approval is in effect, the subdivider may submit a final plat application.
   2. An application for final plat approval shall be filed with the City Planner for review by the Planning and Zoning Commission containing the information specified herein and which shall convey the intentions of the applicant with respect to the proposed type of development and layout.
   3. In order for a final plat to be properly reviewed, the subdivider or his authorized agent shall submit seven (7) paper copies and a digital copy as a Portable Document Format (PDF) of the final plat not less than fourteen (14) days in advance of the regular meeting date at which the said plat is to be considered by the Planning and Zoning Commission.
   4. Upon receipt of an application for final plat approval, the Planning Department shall create a staff report and add the request to the agenda of the Planning and Zoning Commission.
   5. The Planning and Zoning Commission shall proceed to consider the application based on the requirements of this Code. The Planning and Zoning Commission may recommend, recommend conditionally, or recommend denial of the request.
   6. Approval of a final plat by the Mayor and Board of Aldermen shall be denoted by the issuance of a letter of final plat approval and required signatures on the final plat. One (1) paper copy, a digital copy as a Portable Document Format (PDF), and AutoCAD file of the approved final plat shall be retained in the Planning Department’s files. The final plat shall be filed with the office of the chancery clerk of Oktibbeha County within sixty (60) days or the plat shall be void. A deposit in the amount of two hundred dollars ($200) shall be required to guarantee the return of one (1) signed copy of the final plat to the city planner.
   7. If the final plat is approved with condition(s) by the Board of Aldermen, the conditions shall run with the land and binding upon the applicants, their heirs, and successors.
   8. If denied by the Planning and Zoning Commission or the Board of Aldermen, the reasons for such action shall be stated, and if possible, recommendations should be made on the basis of which the proposed subdivision could be recommended for approval. A denied final plat may be resubmitted to the Planning and Zoning Commission and the Mayor and Board of Aldermen after the suggested changes have been made.
   9. Whenever a subdivider has been issued a notice of final plat approval from the Mayor and Board of Aldermen, the staff shall be authorized to execute a certificate of final plat approval on the plat upon certification by the City Clerk that the City has received all of the following:
      1. A performance guarantee agreement for any outstanding improvements between the subdivider and the city to install the required improvements.
      2. An approved form of surety as approved by the City Attorney to complete the improvements and installations for the subdivision shall be in compliance with these rules and regulations.
      3. The City has been reimbursed for costs associated with addressing for the subdivision.
      4. Proof of the establishment of a Homeowners' Association for the ownership and maintenance of all common areas.

The following are the procedural steps for a minor subdivision:

1. Pre-application review.
   It is recommended, but not required, that all applicants schedule an informal review session with City Staff prior to making an official application for minor final plat review. There shall be no fee associated with this review.
2. Minor final plat review
   1. A minor subdivision plat indicating the relationship of the proposed subdivision to existing development and nearby community facilities, basic layout and design, and any other relevant information deemed appropriate. The plat shall include all required final plat specifications and final plat certificates specified in section 3.14.2.
   2. As part of the application, the applicant must list the names and addresses of any adversely affected parties to the subdivision. If the party is not a signatory of the ownership certificate of the plat, a letter from each adversely affected party agreeing to the vacation or alteration shall be provided prior to the application being reviewed. The determination of the adversely affected parties to the subdivision shall be the sole responsibility of the applicant.
   3. The final plat and any required supporting information shall be submitted to the Planning Department for review by the Development Review Committee ten (10) days prior to a scheduled Development Review Committee meeting.
   4. After the final plat has been determined to be acceptable by the Development Review Committee, the applicant may proceed to file a final plat application for review by the Board of Aldermen.
   5. An incomplete application will not be processed or reviewed until all required documentation is submitted.
3. Minor final plat approval procedure
   1. An application for minor final plat approval shall be filed with the City Planner for review by the Board of Aldermen containing the information specified herein and which shall convey the intentions of the applicant with respect to the proposed type of development and layout.
   2. In order for a minor final plat to be properly reviewed, the subdivider or his authorized agent shall submit one (1) paper copies and a digital copy as a Portable Document Format (PDF) of the plat not less than ten (10) days in advance of the regular meeting date at which the said plat is to be considered by the Board of Aldermen.
   3. Upon receipt of an application for final plat approval, the Planning Department shall create a staff report and add the request to the agenda of the Board of Aldermen.
   4. Approval of a final plat by the Mayor and Board of Aldermen shall be denoted by the issuance of a letter of minor final plat approval. One (1) paper copy and a digital copy of the approved final plat shall be retained in the Planning Department’s files. A deposit in the amount of two hundred dollars ($200) shall be required to guarantee the return of one (1) signed copy of the final plat to the city planner.
   5. If the final plat is approved with condition(s) by the Board of Aldermen, the conditions shall run with the land and binding upon the applicants, their heirs, and/or successors.
   6. If denied by the Mayor and Board of Aldermen, the reasons for such action shall be stated, and if possible, recommendations should be made on the basis of which the proposed subdivision could be approved. A denied final plat may be resubmitted to the Mayor and Board of Aldermen after the suggested changes have been made.
   7. Whenever a subdivider has been issued a notice of minor final plat approval from the Mayor and Board of Aldermen, the staff shall be authorized to execute a certificate of final plat approval if the City has been reimbursed for costs associated with addressing for the subdivision.

A condominium plat consisting of any property divided or to be divided into condominiums shall comply with the Unified Development Code and the Mississippi Condominium Law. Condominium plat applications shall be submitted to the City Planner together with the fee established by resolution of the Mayor and Board of Aldermen. Prior to recording a condominium plat in the office of the Chancery Clerk in Oktibbeha County and prior to receiving a certificate of occupancy, the requirements of this section and section 14.15 shall be followed. All recorded condominium plat shall include the following:

1. A condominium plat with all the required plat specifications and certificates in accordance with section 3.14.3.
2. A declaration of restrictions as required by Mississippi Condominium Law.

The requirements of this section shall apply to any condominium. Existing structures shall not be converted into condominiums unless the building and site meet all current development standards, use standards, and building codes. The burden of demonstrating compliance shall be placed on the applicant.

The following are the procedural steps for a condominium plat approval:

1. Condominium plat review.
   An approved site plan for new developments and redevelopments, the condominium plat, condominium declaration, and any other relevant information deemed appropriate shall be submitted to the Planning Department for review by the Development Review Committee ten (10) days prior to the scheduled meeting. Condo plat review documents shall include:
   1. An approved site plan in accordance with section 3.9 for all new developments and redevelopments.
   2. A proposed condominium plat with all the required plat specifications and certificates in accordance with section 3.14.3 and in accordance with the condominium development standards in section 14.15.
   3. The proposed condominium plat shall be accompanied by the following information:
      1. Existing and proposed condominium declaration of restrictions.
      2. In the case of condominium conversions, the Developer shall submit copies of letters to the tenants of the building notifying them of the proposed conversion.
      3. A draft of proposed private easement descriptions for utilities serving the condominium development.
      4. Any other information that may be necessary for the full and proper considerations of the proposed condominium development.
2. Condominium plat
   1. After the condominium plat has been determined to be acceptable by the Development Review Committee, the staff shall be authorized to execute a certificate of final plat approval.
   2. One (1) paper copy and a digital copy of the approved condominium final plat shall be retained in the Planning Department’s files. A deposit in the amount of two hundred dollars ($200) shall be required to guarantee the return of one (1) signed copy of the condominium plat to the city planner.

1. Preliminary Plat Specifications
   1. The preliminary plat shall include a vicinity map at a scale no larger than one (1) inch equal to eight hundred (800) feet. The vicinity map shall illustrate streets, highways, railroads, property lines, existing subdivisions and other significant features within one-half mile of the proposed subdivision.
   2. The preliminary plat shall be clearly and legibly drawn. The size of the plat shall not be smaller than eighteen (18) inches by twenty (24) inches and the scale no larger than one (1) inch equal to one hundred (100) feet.
   3. The preliminary plat shall contain the following information:
      1. Date of survey, north point, title, and graphic scale.
      2. Key map when more than one sheet is required to present the plan.
      3. The proposed name of the subdivision. The name of the subdivision shall not duplicate or too closely resemble the name of any other subdivision recorded in Oktibbeha County, Mississippi unless subdivision is a phase of a previously recorded plat.
      4. Names and addresses of the owners of the property, including the names of the existing mortgagee, the subdivider, and the engineer platting the tract.
      5. Preliminary certificate of accuracy as shown in Section 3.14.1.B.
      6. Source of title, giving deed record book and page number.
      7. Location of the tract by legal description giving acreage.
      8. The boundary lines of all proposed lots and tract indicated by a heavy line giving dimensions to the nearest one-tenth foot, and angles to the nearest minute, which shall be balanced and closed with an error of closure not to exceed one to 5,000.
      9. True courses and distances to the two nearest established section corners or benchmarks or other recognized permanent monuments which shall accurately describe the location of the plat.
      10. Accurate location and description of all monuments found.
      11. Municipal, county and section line locations accurately tied to the lines of the subdivision by distances and angles.
      12. Zoning districts.
      13. Names of recorded subdivision(s) abutting the proposed subdivision, with plat book and page references.
      14. Existing and Proposed streets and allies with right-of-way lines, including location, width, and proposed names of streets.
      15. The location and designation of all streets, alleys, parks and other areas intended to be dedicated or deeded to the public use, with proper dimensions.
      16. Dimensions, locations, and purpose of all easements.
      17. Dimension and location of all setback lines.
      18. Lot and block numbers.
      19. The location and designation of any areas to be reserved for common use by deed covenant for all property owners within the subdivision.
      20. All lots logically and consecutively numbered.
      21. The location and designation of any Federal Emergency Management Agency (FEMA) flood hazard zone.
      22. All wetlands or other environmentally sensitive areas to the greatest extent possible utilizing the best information available including but not limited to visible observation and publicly available maps.
      23. Existing contours shall be illustrated as a dashed line. Topographic contours shall be illustrated at a minimum of one (1)-foot intervals and extending a minimum of ten (10) feet beyond the property boundaries. Survey beyond the property boundaries may be supplemented with publicly available LIDAR topographic data if access is not feasible. Additional topographic information may be required beyond the minimum ten (10) feet if deemed necessary by City Staff.
      24. Natural features within and immediately surrounding the proposed subdivision, including drainage channels, bodies of water, wooded areas and other significant features. On all watercourses leaving the tract, the direction of flow shall be indicated; and for all watercourses entering the tract, the drainage area above the point of entry shall be noted.
      25. The location and size of all utilities on or adjacent to the subdivision.
      26. The location and type of all proposed street lights and signs.
   4. The preliminary plat shall be accompanied by the following information:
      1. Existing and proposed covenants and restrictions.
      2. Source and adequacy of the proposed water supply.
      3. Provisions for sewage disposal, drainage and flood control.
      4. Typical cross sections of all streets. Centerline profiles of approximate street grades derived from office computations may be required by the staff if deemed advisable.
      5. Any other information that may be necessary for the full and proper considerations of the proposed subdivision.
2. Preliminary Plat Certifications PRELIMINARY CERTIFICATE OF ACCURACY I, ____________, hereby certify that this proposed preliminary plat correctly represents a survey completed by me or under my supervision on ____________ / ____________ / ____________, 20 ____________; and is a true and correct representation of surveys made on the ground; and that all monuments which were found or placed on the property are correctly described and located. _______________ (signature of Registered Professional Engineer or Surveyor) Date of Execution (Printed Name of Registered Professional Engineer or Surveyor) No. (license number), Mississippi

1. Final Plat Specifications.
   1. The final plat shall include a vicinity map at a scale no larger than one (1) inch equal to eight hundred (800) feet. The vicinity map shall illustrate streets, highways, railroads, property lines, existing subdivisions and other significant features within one-half mile of the proposed subdivision.
   2. The final plat shall be clearly and legibly drawn. The size of the plat shall not be smaller than eighteen (18) inches by twenty (24) inches and the scale no larger than one (1) inch equal to one hundred (100) feet.
   3. The final plat shall contain the following information:
      1. Date of drawing, north point and graphic scale.
      2. Key map when more than one sheet is required to present the plan.
      3. The proposed name of the subdivision. The name of the subdivision shall not duplicate or too closely resemble the name of any other subdivision recorded in Oktibbeha County, Mississippi unless subdivision is a phase of a previously recorded plat.
      4. Names and addresses of the owners of the property, including lien holders shall be shown on the certificate of ownership as shown in Section 3.14.2.B.1.
      5. Certificate of accuracy as shown in Section 3.14.2.B.3. for minor subdivisions and Section 3.14.2.B.4. for major subdivisions.
      6. Source of title, giving deed record book and page number.
      7. Location of tract by legal description giving total acreage.
      8. The boundary lines of all proposed lots and tract indicated by a heavy line giving dimensions to the nearest one-tenth foot, and angles to the nearest minute, which shall be balanced and closed with an error of closure not to exceed one to 5,000 including all necessary internal angles, arcs and chords and radii of rounded corners. 
      9. The lot area labeled on each lot or in a chart on the plat with area in acreage to the hundred decimal point and square footage for each lot.
         
      10. True courses and distances to the two nearest established section corners or benchmarks or other recognized permanent monuments which shall accurately describe the location of the plat.
      11. Accurate location and description of all monuments found and the size and material of all placed monuments.
      12. Municipal, county and section line locations accurately tied to the lines of the subdivision by distances and angles.
      13. Zoning districts.
      14. Names of recorded subdivision(s) abutting the proposed subdivision, with plat book and page references.
      15. Existing and Proposed streets and allies with right-of-way lines, including location, width, and proposed names of streets.
      16. The location and designation of all streets, alleys, parks and other areas intended to be dedicated or deeded to the public use, with proper dimensions.
      17. Dimensions, locations, and purpose of all easements.
      18. Dimension and location of all setback lines.
      19. Lot and block numbers.
      20. The location and designation of any areas to be reserved for common use by deed covenant for all property owners within the subdivision.
      21. All lots logically and consecutively numbered.
      22. Certificate of recording as shown in Section 3.14.2.B.2
      23. Certificate of final plat approval as shown in Section 3.14.2.B.5.
      24. Street centerlines showing angles of deflection, angles of intersection, radii, length of tangents and arcs, degree of curvature, and all required curve data either labeled on plan or provided in chart form on the plat.
   4. The final plat shall be accompanied by the following information and documents, unless this information appears on the plat itself:
      1. Bill of assurance including but not limited to the following provisions: offering dedication of streets and alleys, parks, and other public lands; establishing easements, setting forth privileges and conditions pertaining thereto, and setting forth the deed restrictions and covenants running with each lot; and the procedure by which amendments to the bill of assurance can be made. Such bill of assurance shall contain reference to the approval of the final plat.
      2. Certificate of approval of water supply and sanitary sewage disposal facilities by the appropriate health department when the system is not connected to the municipal system.
      3. Statement by owner dedicating streets, rights-of-way, and any sites for public use; the name of the mortgagee of the property or the fact that there is no mortgagee; and also a copy of a covenant running with the land stating that the city may at any time change the grade of any such street or other public way or any part thereof from the natural grade to the permanent grade without the payment of compensation or damages to the abutting property owners. The certificate shall include the consent by the mortgagee to the aforesaid dedication and covenant, if a lienholder does exist.
      4. Resolution by the board of aldermen accepting the dedication of all parks, public open spaces, streets, avenues and other public ways shown on the plat, together with the certification of the city clerk as to the correctness of the resolution.
      5. Notary's acknowledgement of the registered engineer's certification, as well as the correctness of the signatures of the owners of the property and of the mortgagee if there is one.
      6. Resolution by the board of aldermen accepting or assenting to the vacation of any street, public way, or portion thereof shown on the plat, together with the certification of the city clerk as to the correctness of the resolution.
      7. The final plat shall be accompanied by three copies of any protection covenants running with the land in form for recording.
2. Final Plat Certifications
   1. Certificate of ownership.
      If multiple owners, add a signature line for each owner CERTIFICATE OF OWNERSHIP I (We), the undersigned, owner(s), authorized agent, or lien holder of the real estate shown and described herein do hereby certify that I (we) have laid off, platted, and subdivided, and do hereby lay off, plat and subdivide the real state in accordance with the within plat. _________________ (signature of Owner or Authorized Agent) Date of Execution (Printed Name of Owner/Authorized Agent/Lien Holder and Title if Applicable) (Address of Owner/Authorized Agent/Lien Holder) _________________ (signature of Notary Public) Date of Execution (Printed Name of Notary Public)
      
      
   2. Certificate of recording CERTIFICATE OF RECORDING This document, Number ____________, filed for record on this the ___ day of _______________, 20 ___, in Plat Book, ____________, page ____________. (signature of Chancery Clerk) (Printed Name of Chancery Clerk), Chancery Clerk Oktibbeha County, Mississippi
      
      
   3. Certificate of accuracy for Minor Subdivision as defined in section 3.12.2.B CERTIFICATE OF ACCURACY I, (Print Name), hereby certify that this plat correctly represents a survey and plan made by me or under my supervision; that all monuments shown hereon actually exist and their location, size, type and material are correctly shown; and that all requirements of the City of Starkville, Mississippi, subdivision standards have been fully complied with. _________________ (signature of Registered Professional Engineer or Surveyor) Date of Execution (Printed Name of Registered Professional Engineer or Surveyor) No. (license number), Mississippi
      
      
   4. Certificate of accuracy for Major Subdivision as defined in section 3.12.2.A CERTIFICATE OF ACCURACY I, (Print Name), hereby certify that this plat correctly represents a plan made by me or under my supervision; that all improvements and requirements of the City of Starkville, Mississippi, subdivision standards have been fully complied with. _________________ (signature of Registered Professional Engineer) Date of Execution (Printed Name of Registered Professional Engineer) No. (license number), Mississippi I, (Print Name), hereby certify that this plat correctly represents a survey made by me or under my supervision; that all monuments shown hereon actually exist and their location, size, type and material are correctly shown; and that all requirements of the City of Starkville, Mississippi, subdivision standards have been fully complied with. _________________ (signature of Registered Surveyor) Date of Execution (Printed Name of Registered Surveyor) No. (license number), Mississippi
   5. Certificate of final approval CERTIFICATE OF FINAL APPROVAL Pursuant to the subdivision standards of the City of Starkville, Mississippi’s Unified Development Code, this document was approved by the Development Review Committee. All of the conditions of approval having been completed, this document is hereby accepted, and this certificate executed under the authority of these regulations: _________________ (signature of City Engineer) Date of Execution Engineering Department _________________ (signature of City Planner) Date of Execution Planning Department _________________ (signature of Fire Department Representative) Date of Execution Fire Department _________________ (signature of Utility Department Water/Sewer Representative) Date of Execution Utility Department- Water/Sewer _________________ (signature of Utility Department Electric Representative) Date of Execution Utility Department- Electric Pursuant to the approval requirements of the City of Starkville, Mississippi’s Unified Development Code, this document was given approval by the Mayor and Board of Aldermen at a meeting held on this the ____ day of ____________, 20 ____. All of the conditions of approval having been completed, this document is hereby accepted, and this certificate executed under authority of these regulations, provided, however, this approval shall be invalid, null and void, unless this plat is filed with the chancery clerk within six months hereafter. _________________ (signature of Mayor) Date of Execution Mayor, City of Starkville, Mississippi _________________ (signature of City Clerk) Date of Execution City Clerk

1. Condominium Plat Specifications.
   1. The condominium plat shall include a vicinity map at a scale no larger than one (1) inch equal to eight hundred (800) feet. The vicinity map shall illustrate streets, highways, railroads, property lines, existing subdivisions and other significant features within one-half mile of the proposed condominium plat.
   2. The condominium plat shall be clearly and legibly drawn. The size of the plat shall not be smaller than eighteen (18) inches by twenty (24) inches and the scale no larger than one (1) inch equal to one hundred (100) feet.
   3. The condominium plat shall contain the following information:
      1. Date of drawing, north point and graphic scale.
      2. Key map when more than one sheet is required to present the plan.
      3. The proposed name of the condominium. The name of the condominium shall not duplicate or too closely resemble the name of any other condominium or subdivision recorded in Oktibbeha County, Mississippi unless condominium is a phase of a previously recorded plat.
      4. Names and addresses of the owners of the property, including lien holders shall be shown on the certificate of ownership as shown in Section 3.14.3.B..1.
      5. Source of title, giving deed record book and page number.
      6. Location of tract by legal description giving total acreage.
      7. Accurate location and description of all monuments found and the size and material of all placed monuments.
      8. Zoning districts.
      9. Dimensions, locations, and purpose of all easements.
      10. Diagrammatic floor plans of the building or buildings built or to be built thereon in sufficient detail to identify each unit, its relative location and dimensioned per state statute. The method used to dimension diagrammatic floor plan shall be stated on the plan (e.g. wall to wall, center of wall to center of wall, etc.).
      11. All units logically and consecutively numbered with an approved address on the plat.
      12. The location and designation of any areas to be reserved for common use as established in the condominium declaration of restrictions.
      13. The location and dimensions of existing and proposed improvements including but not limited to: streets, driveways, sidewalks, drainage improvements, parking areas, patios, decks, and accessory structures.
      14. Names of adjoining or adjacent streets.
2. Condominium Plat Certifications
   1. Certificate of ownership.
      If multiple owners, add a signature line for each owner CERTIFICATE OF OWNERSHIP I (We), the undersigned, record owner(s) of the real estate shown and described herein do hereby certify that I (we) have laid off, platted, and subdivided, and do hereby lay off, plat and subdivide the real state in accordance with the within plat. _________________ (signature of Owner) Date of Execution (Printed Name of Record Owner and Title if Applicable) (Address of Owner/Lien Holder) _________________ (signature of Notary Public) Date of Execution (Printed Name of Notary Public
   2. Certificate of recording
      CERTIFICATE OF RECORDING This document, Number ____________, filed for record on this the ___ day of _______________, 20 ___, in Plat Book, ____________, page ____________. (signature of Chancery Clerk) (Printed Name of Chancery Clerk), Chancery Clerk Oktibbeha County, Mississippi
   3. Certificate of accuracy
      CERTIFICATE OF ACCURACY I, (Print Name), hereby certify that this plat correctly represents a survey and plan made by me or under my supervision; that all monuments shown hereon actually exist and their location, size, type and material are correctly shown; and that all requirements of the City of Starkville, Mississippi, condominium plat requirements have been fully complied with. _________________ (signature of Surveyor) Date of Execution (Printed Name of Surveyor) No. (license number), Mississippi
   4. Certificate of final approval
      CERTIFICATE OF FINAL APPROVAL Pursuant to the condominium regulations of the City of Starkville, Mississippi’s Unified Development Code, this document was approved by the Development Review Committee. All of the conditions of approval having been completed, this document is hereby accepted, and this certificate executed under the authority of these regulations: _________________ (signature of City Engineer) Date of Execution Engineering Department _________________ (signature of City Planner) Date of Execution Planning Department _________________ (signature of Fire Department Representative) Date of Execution Fire Department _________________ (signature of Utility Department Water/Sewer Representative) Date of Execution Utility Department Water/Sewer _________________ (signature of Utility Department Electric Representative) Date of Execution Utility Department Electric

The Historic Preservation Commission shall initiate a continuing and thorough investigation of the archaeological, architectural, cultural, and historic significance of the city's resources. The findings shall be collected in a cohesive format, made a matter of public record, and made available for public inspection. The Commission shall work toward providing complete documentation for locally designated historic districts, which would include:

1. An inventory of all property within the boundaries of the district, with photographs of each building and an evaluation of its significance to the district. Building evaluations are to be used only as a reference or guide and shall not be used as the determining factor for issuing or denying a certificate of appropriateness.
2. An inventory, which would be in a format consistent with the statewide inventory format of the Historic Preservation Division of the Mississippi Department of Archives and History.

The Historic Preservation Commission shall advise the City on the designation of historic districts, landmarks, or landmark sites and provide appropriate assistance on ordinances that will be considered by the Mayor and Board of Aldermen.

A resource or resources may be nominated for designation upon motion of three members of the Historic Preservation Commission or by an owner of the property. A nomination shall contain information as specified by the Commission. The Commission must reach a decision on whether to recommend a proposed nomination to the city within six (6) months in the case of a historic district and two (2) months in the case of either a landmark or landmark site.

If the Historic Preservation Commission votes to recommend to the City the designation of a proposed resource, it promptly forwards to the City its recommendation, in writing, together with an accompanying file.

The Historic Preservation Commission's recommendations to the City for the designation of a historic district shall be accompanied by:

1. A map of the historic district that clearly delineates the boundaries.
2. A verbal boundary description and justification.
3. A written statement of significance for the proposed historic district.

After the nomination of a resource to the City for possible local designation, the resource shall be fully protected by the provisions of this article for a period of six (6) months, as if it were already designated.

Any property designated under a previous city ordinance shall remain designated.

No historic district or districts shall be designated until the Mississippi Department of Archives and History has been notified by certified letter by the City and invited to make recommendations concerning the proposed district boundaries. The Mississippi Department of Archives and History may comment by letter, email, or other written communication. The City shall provide to the Mississippi Department of Archives and History the dates of the next two (2) public meetings at which action on the designation of such a district might be taken so that the Mississippi Department of Archives and History may comment in a timely manner. Failure of the Mississippi Department of Archives and History to comment by the date of the second such meeting shall relieve the City of any responsibility for awaiting and responding to such analysis, and the City may at any time thereafter take any necessary action to create the proposed historic district.

If a proposed ordinance is to designate a landmark or landmark site, the Mississippi Department of Archives and History need not be consulted.

The City shall conduct a public hearing, after notice, to discuss the proposed designation and boundaries thereof. A notice of the hearing shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper published in the City. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed in the resolution for the public hearing and the last publication shall be made not more than seven (7) days prior to such date.

Within sixty (60) calendar days after the public hearing held in connection herewith, the City shall adopt the ordinance as proposed, reject it entirely, or adopt the ordinance with modifications.

Furthermore, the Historic Preservation Commission shall notify, as soon as is reasonably possible, the appropriate state, county, and municipal agencies of the official designation of all landmarks, landmark sites, and historic districts. An updated list and map shall be maintained by such agencies and made available to the public.

The Historic Preservation Commission and the Board of Aldermen shall use the following criteria in approving or denying a certificate of appropriateness:

1. General factors criteria
   1. Architectural design of the existing building, structure, or appurtenance and proposed alteration
   2. Historical significance of the resource
   3. General appearance of the resource
   4. Condition of the resource
   5. Materials composing the resource
   6. Size of the resource
   7. The relationship of the above factors, and their effect upon the immediate surroundings and, if within a historic district, upon the district as a whole and its architectural and historical character and integrity.
2. New construction criteria
   1. In advance of new construction, steps shall be taken to ensure evaluation of possible archaeological resources, as set forth in the Mississippi Antiquities Act.
   2. The following aspects of new construction shall be visually compatible with the buildings and environment with which the new construction is visually related, including but not limited to: the height, the gross volume, the proportion between the width and height of the facade(s), the proportions and relationship between doors and windows, the rhythm of solids to voids created by openings in the facade, materials, textures, colors, patterns, trims, and design of the roof.
   3. Existing rhythm created by existing building masses and spaces between them shall be preserved.
   4. The landscape plan shall be compatible with the resource, and it shall be visually compatible with the environment with which it is visually related. Landscaping shall also not prove detrimental to the fabric of a resource, or adjacent public or private improvements like sidewalks and walls.
   5. No specific architectural style shall be required.
3. Exterior alteration criteria
   1. All exterior alterations to a building, structure, object, site, or landscape feature shall be compatible with the historic resource itself and other resources with which it is related, and the original design of a building, structure, object, or landscape feature shall be considered in applying these standards.
   2. Exterior alterations shall not affect the architectural character or historic quality of a landmark and shall not destroy the significance of landmark sites.
4. Demolition criteria.
   In considering an application for the demolition of a landmark or a historic resource within a historic district, the following shall be considered:
   1. The Historic Preservation Commission shall consider the individual architectural, cultural, and/or historical significance of the historic resource.
   2. The Historic Preservation Commission shall consider the importance or contribution of the resource to the architectural character of the district.
   3. The Historic Preservation Commission shall consider the importance or contribution of the resource to neighboring property values.
   4. The Historic Preservation Commission shall consider the difficulty or impossibility of reproducing such a resource because of its texture, design, material, or detail.
   5. Following recommendation for approval of demolition, the applicant must seek approval of replacement plans, set forth in Section 3.16.1 B, prior to receiving a demolition permit and other permits. Replacement plans for this purpose shall include, but shall not be restricted to, project concept, preliminary elevations and site plans, and completed working drawings for at least the foundation plan which will enable the applicant to receive a permit for foundation construction.
   6. Applicants that have received approval for demolition shall be permitted to receive a demolition permit from the Building Department, following the approval of a certificate of appropriateness by the Board of Aldermen, approval by appropriate city departments, and approval by any other agency that has jurisdiction over the resource. Permits for demolition and construction shall be issued simultaneously if requirements of the Unified Development Code are met, and the applicant provides financial proof of his ability to complete the project.

No building permit shall be issued by the Building Department that affects a historic resource without a certificate of appropriateness. In the event that a building permit is not required for a building, structure, or object to be erected within a historic district or on a landmark or landmark site, a certificate of appropriateness is still required before such building, structure, or object may be erected. Thereafter, such application shall be reviewed in accordance with the following procedure:

1. Application.
   All applications for certificate of appropriateness shall be in the form required and provided by the City Planner. Completed application packages are due by 5:00 pm on the deadline date as set forth by the approved Historic Preservation Commission schedule. Such applications shall be submitted to the City Planner together with the fee established by resolution of the Mayor and Board of Aldermen. A “complete application” shall include the application form, the applicable fee (as determined by resolution) and all required supplemental information necessary to render determinations related to the certificate of appropriateness request including:
   1. Applicant statement.
      A statement explaining the reason for the certificate of appropriateness request.
   2. Plans.
      Any plans or renderings needed to illustrate the request.
2. Administrative examination
   1. The applicant shall, upon request, have the right to a preliminary conference with the Planning Department for the purpose of making any changes or adjustments to the application that might be more consistent with the Historic Preservation Commission’s standards.
   2. The Historic Preservation Commission shall delegate their certificate of appropriateness approval authority to the City Planner for specified minor issues for which clear standards exist that require no subjective interpretation, such as signage. The Commission Chair and/or Vice-Chair shall be consulted on such approvals and the Commission shall be notified at their next regular meeting.
   3. Upon receipt of an application for a certificate of appropriateness, the City Planner shall examine, or cause to be examined, the application and shall make such investigation into the proposed certificate of appropriateness as is necessary. If the application is determined to be complete, the City Planner shall place the item on the agenda for the Historic Preservation Commission. The date the item will be heard by the commission shall be determined by the Historic Preservation Commission’s schedule.
3. Appearance and presentation.
   At any meeting of the Historic Preservation Commission for a certificate of appropriateness, the applicant seeking the certificate of appropriateness and any other party desiring to be heard upon the application may appear in person, by agent or by attorney. The applicant shall be entitled to make a presentation and at the conclusion of presentations or statements by all other parties, shall be entitled to offer a statement in rebuttal if desired. The chairman of the Historic Preservation Commission shall, at the commencement of the hearing upon each application or at any time during such hearing, require that parties desiring to make a presentation identify themselves and may specify the time to be allowed each such party within which to make such a presentation.
4. Action.
   1. In all cases of applications affecting National Historic Landmarks, at least two-thirds of the members of the Historic Preservation Commission must recommend approval of a certificate of appropriateness for it to be forwarded to the Mayor and Board of Aldermen for their binding decision.
   2. Whenever the Board of Aldermen denies a certificate of appropriateness, the applicant may resubmit a new application at any time, except that the applicant must wait six (6) months whenever an application for a certificate of appropriateness is denied for a landmark property of statewide or national significance, and notice of any second or subsequent application must be sent to the Mississippi Department of Archives and History as well as to the local Historic Preservation Commission.
   3. The Commission shall have the right to recommend changes and modifications to enable the applicant to meet the requirements of the Commission and attached such recommendations as conditions of approval.
   4. The decision recommended by the Historic Preservation Commission and any specific conditions for approval shall be forwarded to the Mayor and Board of Aldermen for their binding decision. The Mayor and Board of Aldermen shall proceed to review the recommendation by the Historic Preservation Commission. At the hearing, the decision of the Historic Preservation Commission shall either be affirmed, modified, or reversed by the Board of Aldermen.
   5. Denial of a certificate of appropriateness shall be binding upon the Building Department and shall prevent the issuance of other building permits for the same parcel until a certificate of appropriateness is approved. The Building Department shall be responsible for verifying with the Planning Department that a certificate of appropriateness has been approved prior to issuance of a building permit for all applicable structures.
5. Expiration.
   A certificate of appropriateness shall expire after six (6) months after Board of Aldermen approval if work has not begun.
6. Appeal.
   Parties aggrieved by the final decision of the Mayor and Board of Aldermen, may appeal to a court of competent jurisdiction pursuant to state statute.
7. Effect of certificate of approval.
   1. The issuance of a COA shall not remove the requirement of the applicant to obtain a building permit, special exceptions, use exceptions, variance, or other required approvals in the Unified Development Code concerning zoning, construction, repair, or demolition.
   2. A certificate of appropriateness may be required for work that does not require a building permit.
8. Unreasonable economic hardship
   1. Required applicant information.
      When a claim of unreasonable economic hardship is made due to the effect of this Code’s historic zoning provisions, the owner of record must present evidence sufficient to prove that, as a result of the Historic Preservation Commission’s action, he/she is unable to obtain a reasonable financial return or a reasonable beneficial use. The owner of record shall submit by affidavit to the Commission for its review at least the following information:
      1. Date the property was acquired by its current owner
      2. Price paid for the property (if acquired by purchase) and the relationship (if any) between the buyer and the seller of the property
      3. Mortgage history of the property, including current mortgage
      4. Current market value of the property
      5. Equity in current use and in alternative uses
      6. Past and current income and expense statements for a two (2) year period
      7. Past capital expenditures during ownership of current owner
      8. Appraisals of the property obtained within the previous two (2) years
      9. Income and property tax factors affecting the property
   2. Additional information considered
      1. The Historic Preservation Commission may require that an applicant furnish additional information relevant to its determination of unreasonable economic hardship.
      2. The Commission may receive and consider studies and economic analyses from other city agencies and from private organizations relating to the property in question.
   3. Commission decision
      1. Should the Historic Preservation Commission determine that the owner’s present financial return is not reasonable, it must consider whether there are other uses currently allowed that would provide a reasonable financial return and whether such a return could be obtained through investment in the property for rehabilitation purposes.
      2. Should the applicant satisfy the Commission that he/she will suffer an unreasonable economic hardship if a certificate of appropriateness is not approved, such certificate of appropriateness must be recommended for approval to the Board of Aldermen.

A legal nonconforming lot is a lot existing legally at the time of the passage of this Code, or the time of annexation into the City’s jurisdiction, which does not by reason of design or dimensions conform to the regulations of the district in which it is located. A lot established after the passage of this Code, which does not conform to regulations of the district in which it is located, shall be considered an illegal nonconforming lot and is a violation of this Code. Legal nonconforming lots may continue only in accordance with the following provisions.

1. Vacant lots.
   Vacant lots for which plats or deeds have been recorded in the office of the Chancery Clerk for Oktibbeha County, which fails to comply with the minimum area or other dimensional requirements of the districts in which they are located may be used for any of the uses permitted in the district in which it is located, provided that:
   1. Where the lot area is not more than twenty percent (20%) below the minimum specified in this Code, and other dimensional and setback requirements are otherwise complied with, the lot shall be allowed to be built upon.
   2. Where the lot area is more than twenty percent (20%) below the minimum specified in this Code, and/or other dimensional and setback requirements cannot be met, the applicant will have to apply for a variance from the dimensional and setback requirements.
2. Combination of nonconforming vacant lots. When two (2) or more adjacent and vacant nonconforming lots are in single ownership, and either of such lots individually has less frontage or area than the minimum requirements of the district in which they are located, these lots shall be combined into a single lot of record by means of a lot aggregation. The property owner may choose to resubdivide such lots in conformity with this Code in order to create two or more legal lots of record.

A legal nonconforming use is a use existing legally at the time of the passage of this Code, or the time of annexation into the City’s jurisdiction, which does not by reason of use conform to the regulations of the district in which it is located. A use established after the passage of this Code which does not conform to regulations of the district in which it is located shall be considered an illegal nonconforming use and is a violation of this Code. Legal nonconforming uses of land or structures may continue only in accordance with all of the following provisions:

1. Expansion prohibited.
   All requests for expansion of a nonconforming use shall be processed and reviewed as a special exception or use exception. Expansion shall include an intensification of use, a physical expansion that results in increased capacity or activity associated with the use, an extension of the hours of operation or number of days of activity, and any similar change in activity or location.
2. Relocation restrictions.
   A nonconforming use shall not be moved from one location on a site to another location on the same site without approval through the special exception or use exception process.
3. Change of use must conform.
   A nonconforming use shall not be changed to any other use unless the new use conforms to the additional use standards and standards of the zoning district and in which it is located. Once a nonconforming use is changed to a conforming use, a nonconforming use shall not be re-established.
4. Reestablished restricted.
   A legal nonconforming use, when discontinued or abandoned, shall not be resumed. Discontinuance or abandonment shall be defined as:
   1. When land used for a legal nonconforming use ceases to be used in a genuine manner for thirty (30) days.
   2. When a building designed or arranged for a nonconforming use cease to be used in a genuine manner as a legal nonconforming use for a continuous period of three (3) months.
5. Structural alterations restricted.
   No structural changes shall be made in any structure occupied by a nonconforming use except as follows:
   1. Structural changes ordered by an authorized official in order to ensure the safety of the structure shall be permitted.
   2. Maintenance and repairs to keep a structure in sound condition shall be permitted.
   3. Structural changes necessary to convert the nonconforming use to a conforming use shall be permitted.
   4. An existing nonconforming residential structure may be enlarged or altered provided no additional dwelling units are created. Any such enlargement or alterations shall be in compliance with all setback requirements of the district for the use.
   5. The structure and its accompanying use may be moved to another location on the lot so long as the structure meets all applicable requirements of the district.

A legal nonconforming structure is a building or structure existing legally at the time of the passage of this Code, or the time of annexation into the City’s jurisdiction, which does not by reason of location, design, or dimensions conform to the regulations of the district in which it is situated. A structure established after the passage of this Ordinance which does not conform to regulations of the district in which it is situated shall be considered an illegal nonconforming structure and is a violation of this Code. Legal nonconforming structures may continue only in accordance with all of the following provisions:

1. Continuation permitted.
   A nonconforming structure devoted to a use permitted in the zoning district in which it is located, may continue only in accordance with the provisions of this Section.
2. Repair, maintenance, and modification permitted.
   Normal repair, maintenance, and modification may be performed to allow for the continuation of a nonconforming structure provided that the construction cost, as determined by the Building Department, for the repair, maintenance, and/or modification is less than fifty (50) percent of its tax assessor’s replacement value or an appraised replacement value at the time of repair for the structure only, not including the land. A remodel of an existing structure shall be considered a modification.
3. Changes for conversion permitted.
   Structural changes necessary to convert the nonconforming structure to a conforming structure shall be permitted.
4. Movement restricted.
   A nonconforming structure shall not be moved unless afterwards it conforms to the standards of the zoning district in which it is located.
5. Restoration restricted.
   A nonconforming structure destroyed or damaged by any means to an extent that the construction cost, as determined by the Building Department, to restore the structure is less than fifty (50) percent of its tax assessor’s replacement value or an appraised replacement value for the structure only, not including the land, at the time of the damaging event, can be restored if:
   1. A building permit for the repair or restoration is issued within one hundred and eighty (180) calendar days of the date of the damage and remains valid until the repairs or restoration are complete.
   2. The gross square footage of the nonconforming structure is not increased and the degree of nonconformity of the structure is not increased.
6. Conformity. If the Building Official determines that the building or structure has been damaged to such an extent that the repair costs will exceed fifty percent (50%) of the tax assessor’s replacement value or an appraised replacement value of the building or structure as it existed before the damage occurred, future use of the building and site must conform to the regulations of the district in which it is located. However, any building or structure listed on the National Register of Historic Places or any building certified as a state historic building may be rebuilt or restored to its original dimensions or the dimensions of the building or structure before such damage occurred, provided such restoration conforms to the Secretary of Interior's Standards for Rehabilitation. For the purposes of this Section, the extent of damage or destruction shall be determined by comparing the estimated cost of repair or restoration with the current assessed tax value.
7. Replacement restricted. A nonconforming structure shall not be replaced with another nonconforming structure regardless of the degree of nonconformity

A legal nonconforming feature is a physical site feature existing legally at the time of the passage of this Code, or the time of annexation into the City’s jurisdiction, which does not because of design or dimension conform to the use or development standards for the district in which it is situated. Nonconforming features include, but are not limited to: driveway widths, fence height, parking lot layout, parking lot paving, number of required parking spaces, loading areas, buffer areas, landscaping, sidewalks, ADA requirements, etc. A site feature added, changed, repaired, or modified after the passage of this Code which does not conform to the regulations of the district in which it is situated shall be considered an illegal nonconforming feature and is a violation of this Code. Legal nonconforming features may be continued subject to the following limitations:

1. Increase in nonconformity prohibited.
   No action shall be taken which increases the degree or extent of the nonconformity. Any enlargement, extension, structural alteration, layout changes, access modifications, landscaping, and other changes to the site shall conform to all current requirements use and development standards.
2. Continuation permitted. For a development existing before the effective date of current regulations, a feature made nonconforming by a change in use and development standards may continue to exist until any proposed improvements on the site require site plan approval or the existing principal structure on the same site as the nonconforming feature is modified to the extent that the construction cost, as determined by the Building Department, for the modification is less than fifty percent (50%) of its tax assessor’s replacement value or an appraised replacement value at the time of modification of the structure only, not including the land. A remodel of an existing structure shall be considered a modification.

No nonconforming accessory use or accessory structure shall continue after the principal use or principal structure is terminated by abandonment, discontinuance, damage, or destruction unless such accessory use or accessory structure after that is made to conform to the standards for a principal structure for the zoning district in which it is located.

1. Expansion prohibited.
   Nonconforming manufactured home parks shall not be expanded or increased in size. Expansion shall include adding spaces to the park.
2. Replacement of park prohibited.
   When a nonconforming manufactured home park is vacated in its entirety, the park shall not be reestablished.

There may be a change in tenancy or ownership of an existing nonconforming structure provided there is no change in the nature or character of such nonconforming structure except as permitted in this Section.

The requirements of this section shall not apply to signs. Nonconforming signs shall meet the provisions for nonconformity under the development standards for signs.

The requirements of this section shall not apply to signs that are classified as class I outdoor advertising (billboard) signs.

Whenever a violation of the Unified Development Code is found, the Code Enforcement Officer(s), Building Official, City Engineer, City Planner, and/or their designee(s) shall follow the process and procedures for issuance of a code violation.

The provisions of this Code shall be enforced by the Code Enforcement Officer(s), Building Official, City Engineer, City Planner, and/or their designee(s).

1. Any person owning, leasing, using, managing, or occupying any building, sign, structure, or land where there is placed, removed, altered, expanded, or there now exists anything contrary to the Unified Development Code and any adopted Technical Codes; any regulation, rule, or order adopted according to the applicable sections; any certificate of appropriateness, use exception, special exception or variance issued according to the Unified Development Code; or a lawful plan approved under the Unified Development Code.
2. Any architect, designer, engineer, agent, or any other person who acts in concert with, participates, directs, or assists in the creation or continuation of a violation of the Unified Development Code and any adopted Technical Codes; any regulation, rule, or order adopted according to the applicable sections; any certificate of appropriateness, use exception, special exception or variance issued according to the Unified Development Code; or a lawful plan approved under the Unified Development Code.
3. Any builder, contractor, or any other person who shall erect, expand, relocate, reconstruct, alter, or use any land, structure, sign, tree, or building contrary to the Unified Development Code and any adopted Technical Codes; any regulation, rule, or order adopted according to the applicable sections; any certificate of appropriateness, use exception, special exception or variance issued according to the Unified Development Code; or a lawful plan approved under the Unified Development Code.
4. Any person who shall fail, neglect, or refuse to do any act as required by the Unified Development Code and any adopted Technical Codes; any regulation, rule, or order adopted according to the applicable sections; any certificate of appropriateness, use exception, special exception, or variance issued according to the Unified Development Code; or a lawful plan approved under the Unified Development Code.

The following shall be the general process for issuance of a violation:

1. Discovery. Discovery by a Code Enforcement Officer, Building Official, City Engineer, City Planner, and/or their designee, or by being made aware of an alleged Violation of the Unified Development Code
2. Verification. Verification of alleged violation by a Code Enforcement Officer, Building Official, City Engineer, City Planner, and/or their designee. When necessary, Code Enforcement may obtain an Administrative Search warrant for the purpose of verification of an alleged violation.
3. Determination of Case Type and Enforcement Action. The Code Enforcement Officer will select the appropriate case type from section 3.19.5 to determine the enforcement action to seek compliance from the responsible persons or parties. The Building Official, City Engineer, City Planner, and/or their designee may assist in determining case type as needed.

1. Nuisance or Noncompliance with the Unified Development Code
   1. A written Notice of Violation shall be issued to the responsible persons or parties, allowing a Correction Period of up to ten (10) calendar days to correct the violation. Additional time for the Correction Period may be allowed with a written explanation of the extension by Code Enforcement. At the end of the Correction Period, Code Enforcement shall reinspect the code violation for compliance.
   2. If the violation has been corrected, no further action may be taken.
   3. If the violation is not immediately corrected or corrected within the Correction Period, the city may seek injunctive relief, requiring immediate correction. In addition, a summons will be issued and turned over to the Municipal Court for a hearing.
   4. For a case of nuisance or noncompliance with the Unified Development Code, the Judge can issue a judgment against the responsible persons or parties, which may result in but is not limited to Remedies and Penalties found in section 3.19.6.
2. Imminent Threat to the Public Health, Safety, and Welfare
   1. If the violation requires immediate action due to an imminent threat to public health, safety, and welfare, a written Notice of Violation shall be issued to the responsible persons or parties where the alleged violation is occurring or has occurred.
   2. If the violation is immediately corrected, no further action may be taken.
   3. If the violation is not immediately corrected, the city may seek injunctive relief, requiring immediate correction. In addition, a summons will be issued and turned over to the Municipal Court for a hearing.
   4. For a case of imminent threat to the public health, safety, and welfare, the Judge may issue a judgment against the responsible persons or parties, which may result in but is not limited to Remedies and Penalties found in section 3.19.6.
3. Working Without a Permit
   1. A written Notice of Violation shall be issued to the responsible persons or parties, requiring either immediate action or allowing a Correction Period to be determined by the Building Official or their designee to correct the violation. A stop work order may be issued for either part or all of the work at the site during the Correction Period by the Building Official or their designee, and posted at the subject property or parcel of land as described in 3.19.6.C. At the end of the Correction Period, the Building Official or their designee shall reinspect for compliance.
   2. If the violation is immediately corrected or corrected within the Correction Period, no further action may be taken, and the stop work order may be removed.
   3. If the violation is not immediately corrected or corrected within the Correction Period, the city may seek injunctive relief, requiring immediate correction. In addition, a summons will be issued and turned over to the Municipal Court for a hearing.
   4. For a case of working without a permit, the Judge may issue a judgment against the responsible persons or parties, which may result in but is not limited to Remedies and Penalties found in section 3.19.6
4. Tree Protection, Landscape Requirements, Mowing Standards and Vegetative Standards
   1. A written Notice of Violation shall be issued to the responsible persons or parties, requiring either immediate action or allowing a Correction Period to be determined by Code Enforcement, Building Official, and/or City Planner to correct the violation. A stop work order may be issued for all other work at the site during the Correction Period by Code Enforcement, Building Official, and/or City Planner and posted at the subject property or parcel of land as described in 3.19.6.C. At the end of the Correction Period, Code Enforcement, Building Official, and/or City Planner shall reinspect for compliance.
   2. If the violation has been corrected, no further action may be taken.
   3. If the violation is not immediately corrected or corrected within the Correction Period, the city may seek injunctive relief, requiring immediate correction. In addition, a summons will be issued and turned over to the Municipal Court for a hearing.
   4. For a case of violation of any tree protection or landscape requirements of the Unified Development Code, the Judge may issue a judgment against the responsible persons or parties, which may result in but is not limited to Remedies and Penalties found in section 3.19.6.
5. Stormwater, Land Disturbance, and Erosion Control
   1. A written Notice of Violation shall be issued to the responsible persons or parties, requiring either immediate action or allowing a Correction Period to be determined by Code Enforcement, Building Official, and/or City Engineer to correct the violation. A stop work order may be issued for all other work at the site during the Correction Period by Code Enforcement, Building Official, and/or City Engineer and posted at the subject property or parcel of land as described in 3.19.6.C. At the end of the Correction Period, Code Enforcement, Building Official, and/or City Engineer shall reinspect for compliance.
   2. If the violation has been corrected, no further action may be taken.
   3. If the violation is not immediately corrected or corrected within the Correction Period, the city may seek injunctive relief, requiring immediate correction. In addition, a summons will be issued and turned over to the Municipal Court for a hearing.
   4. For a case of violation of the stormwater, land disturbance, and erosion control requirements of the Unified Development Code, the Judge may issue a judgment against the responsible persons or parties, which may result in but is not limited to Remedies and Penalties found in section 3.19.6.
6. Property or Parcel is a Menace to the Public Health, Safety, and Welfare
   1. Upon verification of the alleged violation by the Building Official, the Code Enforcement Officer shall provide a notice to the property owner of a public hearing with the Board of Aldermen in compliance Miss. Code Ann. § 21-19- 11.
   2. If the subject property or parcel of land is found by the Board of Aldermen to be in such condition as to be a menace to the public health, safety, and welfare of the community, the Board of Aldermen may issue a judgment against the responsible persons or parties, which may result in but is not limited to Remedies and Penalties found in section 3.19.6.

1. Civil Penalties. Any responsible persons or parties found in violation of Unified Development Code upon being found guilty, shall be guilty of a civil penalty and fined not more than one thousand dollars ($1,000) per day of violation unless specifically stated otherwise in Section 13. Each day such violation continues shall constitute a separate offense.
2. Permit Revocation. The Building Official may revoke any building permit and the City Planner may revoke any planning approval issued by staff after written notice of violation to the responsible persons or parties when violations of the Unified Development Code and/or any provision of the adopted Technical Codes have occurred when false statements or misrepresentations were made in securing the permit, work is being or has been done in a substantial departure from the approved application or plan, or a permit has been mistakenly issued in violation of this ordinance.
3. Stop Work Orders. Whenever a building, structure, site, or part thereof is being constructed, demolished, renovated, altered, or repaired in violation of any applicable provision of the Unified Development Code and/or any provision of the adopted Technical Codes, the Building Official or City Engineer 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 posted in writing on the property, stating the specific work to be stopped and the specific reasons for the stop work order.
4. Injunction. The city may, before or after the institution of other enforcement action, seek injunctive relief from any appropriate court, commanding the Responsible Persons and Parties to correct the violation.
5. 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:
   1. Buildings, site, or other structures on the property be closed, demolished, or removed.
   2. Fixtures, furniture, or other movable property be moved or removed entirely.
   3. Improvements, alterations, modifications, or repairs be made or removed.
   4. That removed trees or required landscape be replaced.
   5. Any other action be taken that is necessary to bring the property into compliance with this ordinance.
6. Withholding Approvals. Any Responsible Persons or Parties currently under enforcement action and/or having been found guilty of a violation of the Unified Development Codes and the adopted Technical Codes may have permits and approvals for any property, project, or site withheld at the discretion of the Building Official, City Engineer, and/or City Planner.
7. Additional Remedies for Demolition without Certificate of Appropriateness. If any historic resource located within a designated local historic district, designated landmark, and/or designated landmark site is altered, relocated, damaged, or demolished without a required Certificate of Appropriateness, any appropriate court may impose any of the following additional remedies:
   1. Require the responsible persons or parties to rebuild the demolished structure on the subject parcel, generally following the same form and using as much of the original building material as possible;
   2. Prohibit issuance of any development permit or approval for any structure proposed on the subject parcel that would have a footprint larger than that of the demolished structure;
   3. Prohibit issuance of any permit or approval for development on the subject parcel for up to the maximum time allowed by state law.
8. Continuing Violations. If a violation is repeated within a two (2) year period from the date of the initial Notice of Violations, it may be considered to be a continuation of the initial violation and may 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 an Enforcement Action has been started.