THE TITLE FOR THE ORDINANCE SHALL BE: AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE CITY OF YAZOO CITY, MISSISSIPPI, AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF, AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH.

The short title for the ordinance shall be: The Zoning Ordinance of the City of Yazoo City, Mississippi, and may be so cited, and further reference elsewhere as Zoning Ordinance, and herein as "the ordinance" or "this ordinance" shall imply the same wording and meaning as the full title.

WHEREAS, the Statutes of the State of Mississippi, sections 17-1-1 to 17-1-27, inclusive, of the Mississippi Code of 1972, annotated, as amended, empower the City of Yazoo City, Mississippi, to enact a zoning regulations and provide for their administration, enforcement and amendment; and

WHEREAS, sections 17-1-3, 17-1-23, 17-1-25, and 21-19-63 of the Code empower the board of mayor and aldermen to enact subdivision regulations and provide for their administration, enforcement and amendment; and

WHEREAS, section 17-1-9 of the Code states that "zoning regulations shall be made in accordance with a comprehensive plan, and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and

WHEREAS, section 17-1-1 of the Code defines the term "comprehensive plan" as "a statement of public policy for the physical development of the entire municipality or county adopted by resolution of the governing body, consisting of the following elements at a minimum: (1) goals and objectives for the long-range (20 to 25 years) development of the county or municipality; (2) a land use plan; (3) a transportation plan; and (4) a community facilities plan"; and

WHEREAS, section 17-1-11 of the Code states that "the governing authority of each municipality and county may provide for the preparation, adoption, amendment, extension and carrying out of a comprehensive plan—-and may create, independently or jointly, a local planning commission—-with authority to prepare and propose (a) a comprehensive plan of physical development of the municipality or county; (b) a proposed zoning ordinance and map;" and

WHEREAS, pursuant to section 17-1-11, the Board of Mayor and Aldermen of the City of Yazoo City have established such a planning commission; and

WHEREAS, the board of mayor and aldermen on September 14, 2009, adopted by resolution a comprehensive plan, relative to the development of zoning regulations, for the City of Yazoo City following public hearings relative to same; and

WHEREAS, the planning commission has recommended the boundaries of the various original districts and appropriate regulations to be enforced therein and has recommended the adoption of this Zoning Ordinance for the City of Yazoo City and an accompanying official zoning map; and

WHEREAS, based upon the recommendations of the planning commission, the Board of Mayor and Aldermen of Yazoo City have divided the city into districts and adopted regulations pertaining to such districts, and have given reasonable consideration among other things, to the character of the districts and their particular suitability for particular uses, with a view to conserving the value of property and encouraging the most appropriate use of land throughout the city; and

WHEREAS, the zoning ordinance includes certain procedures and standards to be followed in the development or redevelopment of land subdivisions in the City of Yazoo City to assure that development of the city is orderly, healthful, efficient and economic; and

WHEREAS, the board of mayor and aldermen have given due public notice of a hearing relating to said zoning ordinance and official zoning map and have held a public hearing in accordance with the requirements of section 17-1-15 of the Mississippi Code;

Now, therefore, be it ordained by the Board of Mayor and Aldermen of the City of Yazoo City, Mississippi, that this zoning ordinance shall govern the use of all land within the corporate limits of Yazoo City, Mississippi.

The Legislature of the State of Mississippi has in title 17, chapter 1, sections 17-1-1 through 17-1-27 of the Mississippi Code, annotated, 1972, as amended, delegated the responsibility to local governmental units to adopt land use and development regulations designed to promote the public health, safety, morals, and general welfare of its citizens.

The purpose of this ordinance is to preserve and promote the public health, safety, morals, and general welfare of the inhabitants of the City of Yazoo City and of the public generally through the regulation of: the location, height, number of stories, size of buildings and other structures; the density and distribution of population, size of yards and other open spaces; and the use of buildings, structures, and land for commercial, industrial, residential and other purposes.

Additionally, the further purposes of this ordinance are as follows: to advance and implement the goals, objectives, and policies of the city's comprehensive plan; to classify property in a manner that reflects its suitability for specific uses; to promote orderly, sound, attractive development within the city while also conserving the values of properties throughout the city; to encourage compatibility of adjacent land uses; to encourage innovative project design in the city; and to fix penalties for the violation of these regulations.

The omission of any specific use, dimension, word, phrase, or other provision from this Ordinance shall not be interpreted as permitting any variation from the general meaning and intent of this Ordinance as ordinarily construed or interpreted. If a question arises as to such intent or meaning, the interpretation of the governing authorities shall prevail.

Should any section, provision, or regulation of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so held to be unconstitutional or invalid.

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

Failure to enforce any provision or regulation of this ordinance shall not constitute a waiver nor imply that the action is legal.

For all zoning cases on appeal to the circuit court or supreme court at the date of adoption of this ordinance, the zoning under the previous zoning ordinance or the amendment to the ordinance that is the subject of the appeal shall remain in effect until such time as the appeals procedures shall come to a conclusion. After the conclusion, the board of mayor and aldermen shall enter an order rezoning the subject property to a classification to that district ordered by the court under the previous ordinance.

This ordinance shall become effective 90 calendar days from and after its adoption.

Any party feeling aggrieved by the change of zoning status of his property as reflected by the official zoning map adopted herein shall have 90 days from the effective date of this ordinance within which to petition the board of mayor and aldermen for reconsideration of the zoning status of such property. After the expiration of the aforesaid 90 days, any person petitioning for a change in the zoning status of his property must base said petition upon changes taking place and public necessity taking place after the adoption of the aforesaid official zoning map.

Adopted this, the 5th day of October, 2010, at the regular meeting of the Board of Mayor and Aldermen of the City of Yazoo City, Mississippi.

I, the undersigned Shirley Knight, City Clerk of the City of Yazoo City, Mississippi, hereby certify that the above and foregoing is a true copy of an ordinance adopted by the Board of Mayor and Aldermen of the City of Yazoo City at its meeting on ________, the ________ day of ________, 2010, as the same appear in Minute Book of the City of Yazoo City at pages ________ through ________ thereof. Given under my hand and official seal, this the ________ day of ________, 2010.

___________________________________

Shirley Knight, City Clerk
Yazoo City, Mississippi

(SEAL)