MISSISSIPPI LEGISLATURE

1999 Regular Session

To: County Affairs; Judiciary

By: Senator(s) Ross

AN ACT TO AUTHORIZE THE BOARD OF SUPERVISORS OF CERTAIN COUNTIES TO ESTABLISH SEPARATE ZONING COMMISSIONS FOR INDIVIDUAL SUPERVISORS' ELECTION DISTRICTS; TO PROVIDE FOR THE MANNER OF APPOINTMENT AND TERMS OF OFFICE OF MEMBERS OF SUCH ZONING COMMISSIONS; TO REQUIRE A REFERENDUM ON THE QUESTION OF ESTABLISHING SUCH ZONING COMMISSIONS UPON THE FILING BY A CERTAIN NUMBER OF QUALIFIED ELECTORS OF A WRITTEN PETITION PROTESTING THE ESTABLISHMENT OF SUCH ZONING COMMISSIONS; TO PRESCRIBE THE POWERS AND DUTIES OF SUCH ZONING COMMISSIONS; TO PRESCRIBE THE PENALTIES THAT MAY BE IMPOSED FOR VIOLATING ANY REGULATIONS PROMULGATED BY ANY SUCH COMMISSION; TO AMEND SECTION 17-1-3, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 17-2-1, Mississippi Code of 1972:

17-2-1. (1) The board of supervisors of any county that has not adopted an ordinance establishing zoning regulations in accordance with a comprehensive plan for physical development of the entire county under the provisions of Chapter 1, Title 17, Mississippi Code of 1972, may authorize, by order duly adopted and entered on its minutes, any member of the board of supervisors to establish a zoning commission for the supervisors district from which the member was elected. Each such commission shall consist of five (5) qualified electors who are residents of the supervisors district in which the commission is to be established. The members of the commission shall be appointed, with the approval of the board of supervisors, by the member of the board of supervisors in whose district the commission is to be established. Members of the commission shall serve terms concurrent with the board of supervisors and may receive no compensation for their services, but may receive their actual and necessary expenses incurred in the performance of their duties as prescribed in Section 25-3-41.

(2) The provisions of Chapter 1, Title 17, Mississippi Code of 1972, shall be inapplicable to any county that establishes a zoning commission under the provisions of this chapter.

SECTION 2. The following shall be codified as Section 17-2-3, Mississippi Code of 1972:

17-2-3. (1) Before a zoning commission may be established under the provisions of Section 17-2-1, the board of supervisors, by resolution spread upon its minutes, shall declare its intention to authorize the establishment of the commission. Notice of the intention shall be published once each week for at least three (3) consecutive weeks in a newspaper published or having a general circulation in the county. The first publication shall be made not less than twenty-one (21) days before the date fixed in the resolution declaring the intention to establish the commission, and the last publication shall be made not more than seven (7) days before that date. If on or before the date specified in the resolution, twenty percent (20%) or five hundred (500), whichever is less, of the qualified electors of that portion of the supervisors district that lies outside the boundaries of any incorporated municipality file a written protest against the establishment of such commission, then an election on the establishment of the commission shall be called as provided in this section. If no protest is filed, then the board of supervisors may authorize the establishment of the commission at any time within a period of two (2) years after the date specified in the resolution. If an election is required by the protest of the appropriate number of qualified electors of the district, then an election shall be held by the board under applicable laws. However, nothing in this chapter shall prevent the board from calling an election, whether required by twenty percent (20%) or five hundred (500), whichever is less, of the qualified electors of that portion of the district that lies outside the boundaries of any incorporated municipality, in which event it shall not be necessary to publish the resolution of intent as described in this subsection.

(2) At the election, all qualified electors of that portion of the supervisors district that lies outside the boundaries of any incorporated municipality may vote, and the ballots used in the election shall have printed thereon the words "FOR THE ESTABLISHMENT OF A ZONING COMMISSION IN SUPERVISORS DISTRICT _________ (here enter the supervisors district number)" and "AGAINST ESTABLISHMENT OF A ZONING COMMISSION IN SUPERVISORS DISTRICT _________ (here enter the supervisors district number)," and the voters shall vote by placing a cross (X) or check (_) opposite their choice on the proposition.

SECTION 3. The following shall be codified as Section 17-2-5, Mississippi Code of 1972:

17-2-5. A zoning commission established under the provisions of this chapter may regulate the height, number of stories and size of buildings and other structures, the percentage of a lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes in any area of the supervisors district that lies outside the boundaries of any incorporated municipality. However, no permits shall be required with reference to land used for agricultural purposes, including forestry activities as defined in Section 95-3-29(2)(c), or for the erection, maintenance, repair or extension of farm buildings or farm structures, including forestry buildings and structures.

SECTION 4. The following shall be codified as Section 17-2-7, Mississippi Code of 1972:

17-2-7. In the exercise and enforcement of the powers conferred by this chapter, each supervisors district zoning commission may act independently from any other supervisors district zoning commission within the county, or, in the discretion of the zoning commissions, two (2) or more zoning commissions may act jointly in order to attain uniformity and consistency in the zoning regulations for the areas to be affected.

SECTION 5. The following shall be codified as Section 17-2-9, Mississippi Code of 1972:

17-2-9. A zoning commission may divide a supervisors district into zones of such number, shape and area as may be deemed best suited to carry out the purposes of this chapter. Within the zones created, a zoning commission, subject to the restrictions with respect to agricultural lands and farm buildings or structures as set out in Section 17-2-1, may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. All regulations shall be uniform for each class or kind of buildings throughout each zone, but regulations in one zone may differ from those in other zones.

SECTION 6. The following shall be codified as Section 17-2-11, Mississippi Code of 1972:

17-2-11. Zoning regulations shall be 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; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings, and encouraging the most appropriate use of land throughout the district.

SECTION 7. The following shall be codified as Section 17-2-13, Mississippi Code of 1972:

17-2-13. In carrying out its zoning duties, a supervisors district zoning commission may utilize the services of the county engineering department or the services of an advisory committee of citizens of such number as may be deemed appropriate to recommend the appropriate regulations to be enforced within the district. A preliminary report may be made, and public hearings may be had thereon, before submitting its final report to the commission.

SECTION 8. The following shall be codified as Section 17-2-15, Mississippi Code of 1972:

17-2-15. The zoning commission shall provide for the manner in which zoning ordinances (including the official zoning map), and subdivision regulations shall be determined, established and enforced, and from time to time, amended, supplemented or changed. However, no such plan, ordinance (including zoning boundaries), or regulations shall become effective until after a public hearing before the commission, in relation thereto, at which parties in interest, and citizens, shall have an opportunity to be heard. At least fifteen (15) days' notice of the time and place of the hearing shall be published.

SECTION 9. The following shall be codified as Section 17-2-17, Mississippi Code of 1972:

17-2-17. Zoning regulations, restrictions and boundaries may, from time to time, be amended, supplemented, changed, modified or repealed upon at least fifteen (15) days' notice of a hearing before the commission on such amendment, supplement, change, modification or repeal. The notice shall be given in a newspaper published or having a general circulation in the county specifying a time and place for the hearing. Any party aggrieved with the recommendation of the zoning commission shall be entitled to a public hearing before the commission, with due notice thereof after publication for the time and as provided in this section.

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 two-thirds (2/3) of all the members of the zoning commission.

SECTION 10. The following shall be codified as Section 17-2-19, Mississippi Code of 1972:

17-2-19. If any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land, is used in violation of the zoning law or of any ordinance or other regulation made under authority conferred under this chapter, the zoning commission, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of the building, structure or land, or to prevent any illegal act, conduct, business, or use in or about the premises.

SECTION 11. The following shall be codified as Section 17-2-21, Mississippi Code of 1972:

17-2-21. Whenever the provisions of any other statute or local ordinance or regulation require a greater width or size of yards, courts or other open spaces, or require a lower height of building, or a less number of stories, or a greater percentage of lot to be left unoccupied, or impose other standards higher than are required by the regulations made under the authority of this chapter, the provisions of such other statute, or local ordinance or regulation shall govern; otherwise, the provisions of the regulations made under the authority of this chapter shall be controlling.

SECTION 12. The following shall be codified as Section 17-2-23, Mississippi Code of 1972:

17-2-23. (1) When new subdivisions are laid out, the board of supervisors of any county where the provisions of this chapter have been made effective, before allowing dedication, may impose such terms as it deems necessary to meet the requirements of this chapter, and the county may receive easements in the land affected.

(2) The board of supervisors of any county may order that no plat of a subdivision shall be recorded until it has been approved by the applicable zoning commission and the board of supervisors, and the board of supervisors shall have power to require the installation of utilities and laying out of streets in subdivisions or to accept performance bonds in lieu thereof.

SECTION 13. The following shall be codified as Section 17-2-25, Mississippi Code of 1972:

17-2-25. The board of supervisors of a county, in its discretion, may accept in the name of the county, for maintenance, any road or street that is completed to acceptable specifications established by the board of supervisors of each subdivision or subdivisions that is located within the boundaries of the county. By acceptance of such street or road by the county, even though the subdivision is not completed as proposed or platted, the county shall not be bound to accept in part or in its entirety such subdivision when it is completed except as provided by regular procedures by ordinance or regulation of the county.

SECTION 14. The following shall be codified as Section 17-2-27, Mississippi Code of 1972:

17-2-27. Any person, firm or corporation who knowingly and willfully violates the terms, conditions or provisions of a zoning ordinance adopted under the authority of this chapter, for violation of which no other criminal penalty is prescribed, shall be guilty of a misdemeanor and, upon conviction, shall be sentenced to pay a fine of not to exceed One Hundred Dollars ($100.00). In case of continuing violations without reasonable effort on the part of the defendant to correct the violations, each day that the violation continues shall be a separate offense.

SECTION 15. Section 17-1-3, Mississippi Code of 1972, is amended as follows:

17-1-3. (1) Except as otherwise provided in Article VII of the Chickasaw Trail Economic Development Compact described in Section 57-36-1, for the purpose of promoting health, safety, morals, or the general welfare of the community, the governing authority of any municipality, and, with respect to the unincorporated part of any county, the governing authority of any county, in its discretion, are empowered to regulate the height, number of stories and size of building and other structures, the percentage of lot that may be occupied, the size of the yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes, but no permits shall be required with reference to land used for agricultural purposes, including forestry activities as defined in Section 95-3-29(2)(c), or for the erection, maintenance, repair or extension of farm buildings or farm structures, including forestry buildings and structures, outside the corporate limits of municipalities. The governing authority of each county and municipality may create playgrounds and public parks, and for these purposes, each of such governing authorities shall possess the power, where requisite, of eminent domain and the right to apply public money thereto, and may issue bonds therefor as otherwise permitted by law.

(2) This chapter does not apply to any county that establishes a zoning commission under Chapter 2, Title 17, Mississippi Code of 1972.

SECTION 16. This act shall take effect and be in force from and after July 1, 1999.