The policy of the mayor and aldermen of the City of Vicksburg regarding the zone classifications of property bordering on or in the vicinity of Interstate 20 Bypass is not to make a permanent zone classification at this time, but to reserve the right to make such zoning classifications and reclassifications in the future without regard to present or future land use, as would be in the best interest of the public. This policy is to provide flexibility in the land use classification of this property for the reason that Interstate 20 Bypass is a major traffic artery; the land bordering Interstate 20 Bypass has not yet been fully developed; the best use of said land cannot be accurately predicted; the present land use is mixed; and at the time of the adoption of this ordinance and zoning map, construction of the highway, frontage and access roads is still in progress. As to the existing property within the corporate limits of the City of Vicksburg on January 1, 1971, which borders on or in the vicinity of Interstate 20 Bypass and the various interchanges thereof, the mayor and aldermen are not making a determination or adjudication as to existing land use of the aforesaid realty nor are they making any determination which would prohibit any zoning reclassification as becomes desirable for the proper development of this property in the future.

It is hereby stated that it shall be the policy of the mayor and aldermen upon any application for zoning reclassification of property zoned on the map attached to this ordinance to consider changing conditions and circumstances dating from January 1, 1965.

All property presently being used for governmental purposes by the City of Vicksburg, or Warren County, or State of Mississippi or by the United States government shall be subject to rezoning by the mayor and aldermen at any time that said property ceases to be used for governmental purposes.

The policy of the mayor and aldermen of the City of Vicksburg regarding the zoning classification of property bordering the east side of Warrenton Road and on the west side of Warrenton Road between Warrenton Road and the Mississippi River is to allow for flexibility in the zoning classification and not to make a permanent zoning classification at this time, but to reserve the right to make zoning classifications and reclassifications in the future as would be in the best interest of the public.

The reason for this policy is that the area includes residential, commercial and industrial land uses and lands zoned for the continuation and expansion of each of these uses, and therefore the character of the area has not yet stabilized. The effects of industrial activity and expansion of commercial activity including existing and proposed casinos in close proximity to existing low-density residential development and the attractiveness of the area for future low-density single-family and multifamily development could change the character of the area and its surroundings by the extent and distribution of such development. Therefore, in considering a rezoning classification, the mayor and aldermen could consider a reclassification which would be desirable for the public based on existing or proposed changes in the area so long as such zone reclassification was not unreasonable, arbitrary or capricious. In such process the mayor and aldermen could consider such factors as increased population growth, increased commercial or industrial activity, existing or proposed economic investment, employment opportunities, housing availability, revitalization, under-utilization of property, site limitations or unique siting opportunities or natural resources including wetlands, bluffs, or the Mississippi River and make a determination of such zoning classification as such becomes desirable for the proper development of the area and the public need thereof.

(Ord. No. 96-5, § 59, 9-25-96)

Classifying property as MX-1 or MX-2 was done on recognition that property which was previously unzoned had already developed prior to zoning consistent with the uses permitted in these zones. Property that was zoned prior to July 1, 1990 cannot be subsequently rezoned or reclassified as MX-1 or MX-2.

(Ord. No. 96-5, § 60, 9-25-96)

The intent of this ordinance as to single-family residential use which is a nonconforming use is to allow the continued single-family residential use. To that extent the limitations and restrictions in this ordinance that apply to nonconforming uses shall not apply to nonconforming single-family residential use; provided, however, that single-family residential use must still comply with the setback, height, and lot coverage provisions of an MX-1 zone if any alterations or modifications are made to expand the building.

(Ord. No. 96-5, § 61, 9-25-96)