Bill Text: MS SB2118 | 2010 | Regular Session | Introduced
Bill Title: Zoning; authorize and regulate village districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [SB2118 Detail]
Download: Mississippi-2010-SB2118-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Municipalities; County Affairs
By: Senator(s) Yancey
Senate Bill 2118
AN ACT TO BRING FORWARD SECTION 17-1-1, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; TO AMEND SECTION 17-1-3, MISSISSIPPI CODE OF 1972, TO PLACE RESTRICTIONS ON THE WAY IN WHICH A COUNTY OR MUNICIPALITY MAY CREATE A SPECIAL VILLAGE ZONING DISTRICT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 17-1-1, Mississippi Code of 1972, is brought forward as follows:
17-1-1. The following words, whenever used in this chapter, shall, unless a different meaning clearly appears from the context, have the following meanings:
(a) "Municipality" means any incorporated city, town or village within the state.
(b) "Governing authority" or "governing authorities," in the case of counties, means the board of supervisors of the county, and, in the case of municipalities, means the council, board, commissioners or other legislative body charged by law with governing the municipality.
(c) "Comprehensive plan" means 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:
(i) Goals and objectives for the long-range (twenty (20) to twenty-five (25) years) development of the county or municipality. Required goals and objectives shall address, at a minimum, residential, commercial and industrial development; parks, open space and recreation; street or road improvements; public schools and community facilities.
(ii) A land use plan which designates in map or policy form the proposed general distribution and extent of the uses of land for residences, commerce, industry, recreation and open space, public/quasi-public facilities and lands. Background information shall be provided concerning the specific meaning of land use categories depicted in the plan in terms of the following: residential densities; intensity of commercial uses; industrial and public/quasi-public uses; and any other information needed to adequately define the meaning of such land use codes. Projections of population and economic growth for the area encompassed by the plan may be the basis for quantitative recommendations for each land use category.
(iii) A transportation plan depicting in map form the proposed functional classifications for all existing and proposed streets, roads and highways for the area encompassed by the land use plan and for the same time period as that covered by the land use plan. Functional classifications shall consist of arterial, collector and local streets, roads and highways, and these classifications shall be defined on the plan as to minimum right-of-way and surface width requirements; these requirements shall be based upon traffic projections. All other forms of transportation pertinent to the local jurisdiction shall be addressed as appropriate. The transportation plan shall be a basis for a capital improvements program.
(iv) A community facilities plan as a basis for a capital improvements program including, but not limited to, the following: housing; schools; parks and recreation; public buildings and facilities; and utilities and drainage.
(d) "Amateur radio service" means those individuals and stations licensed by the Federal Communications Commission to broadcast amateur radio signals regardless of the transmission mode.
SECTION 2. Section 17-1-3, Mississippi Code of 1972, is amended as follows:
17-1-3. (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) Local land use regulation ordinances involving the placement, screening, or height of amateur radio antenna structures must reasonably accommodate amateur communications and must constitute the minimum practicable regulation to accomplish local authorities' legitimate purposes of addressing health, safety, welfare and aesthetic considerations. Judgments as to the types of reasonable accommodation to be made and the minimum practicable regulation necessary to address these purposes will be determined by local governing authorities within the parameters of the law. This legislation supports the amateur radio service in preparing for and providing emergency communications for the State of Mississippi and local emergency management agencies.
(3) (a) A county or municipality may establish village districts as part of the comprehensive plan adopted under Section 17-1-9. Village districts shall be located in areas of distinctive character, landscape or historic value that are specifically identified in the county or municipality's comprehensive plan.
(b) The ordinance establishing village districts shall protect the distinctive character, landscape and historic structures within the districts and may regulate, on and after the effective date of the ordinance, new construction, substantial reconstruction and rehabilitation of properties within the district and in view from public roadways, including, but not limited to: (i) the design and placement of buildings; (ii) the maintenance of public views; (iii) the design, paving materials and placement of public roadways; and (iv) other elements that the governing authority of the county or municipality deems appropriate to maintain and protect the character of the village district. In adopting the ordinance, the governing authority shall consider the design, relationship and compatibility of structures, plantings, signs, roadways, street hardware and other objects in public view. The ordinance shall establish criteria from which a property owner and the governing authority may make a reasonable determination of what is permitted within the district. The ordinance shall encourage the conversion, conservation and preservation of existing buildings and sites in a manner that maintains the historic or distinctive character of the district. The regulations concerning the exterior of structures or sites shall be consistent with the distinctive characteristics of the district identified in the comprehensive plan. The ordinance shall provide: (i) that proposed buildings or modifications to existing buildings be harmoniously related to their surroundings, and the terrain in the district and to the use, scale and architecture of existing buildings in the district that have a functional or visual relationship to a proposed building or modification; (ii) that all spaces, structures and related site improvements visible from public roadways be designed to be compatible with the elements of the area of the village district in and around the proposed building or modification; (iii) that the color, size, height, location, proportion of openings, roof treatments, building materials and landscaping of commercial or residential property and any proposed signs and lighting be evaluated for compatibility with the local architectural motif and the maintenance of views, historic buildings, monuments and landscaping; and (iv) that the removal or disruption of historic traditional or significant structures or architectural elements shall be minimized.
(c) All development in the village district shall be designed to achieve the following compatibility objectives: (i) the building and layout of buildings and included site improvements shall reinforce existing buildings and streetscape patterns and the placement of buildings and included site improvements shall assure there is no adverse impact on the district; (ii) proposed streets shall be connected to the existing district road network, wherever possible; (iii) open spaces within the proposed development shall reinforce open space patterns of the district, in form and siting; (iv) locally significant features of the site, such as distinctive buildings or sight lines of vistas from within the district, shall be integrated into the site design; (v) the landscape design shall complement the district's landscape patterns; (vi) the exterior signs, site lighting and accessory structures shall support a uniform architectural theme if such a theme exists; and (vii) the scale, proportions, massing and detailing of any proposed building shall be in proportion to the scale, proportion, massing and detailing in the district.
(d) All applications for new construction and substantial reconstruction within the district and in view from public roadways shall be subject to review and recommendation by an architect or architectural firm, landscape architect, or planner who is a member of the American Institute of Certified Planners selected and contracted by the governing authority and designated as the village district consultant for such application. Alternatively, the governing authority may designate as the village district consultant for such application an architectural review board whose members shall include at least one (1) architect, landscape architect or planner who is a member of the American Institute of Certified Planners. The village district consultant shall review an application and report to the governing authority within thirty-five (35) days of receipt of the application. The report and recommendation shall be entered into the public hearing record and considered by the governing authority in deciding upon the application. Failure of the village district consultant to report within the specified time shall not alter or delay any other time limit imposed by the ordinance.
(e) The governing authority may seek the recommendations of any town or regional agency or outside specialist with which it consults, including, but not limited to, any regional planning agency, the municipality or county's historical society, or the Department of Archives and History. Any reports or recommendations from such agencies or organizations shall be entered into the public hearing record.
(f) If the governing authority grants or denies an application, it shall state upon the record the reasons for its decision. If a governing authority denies an application, the reason for the denial shall cite the specific portion of the ordinance under which the application was denied. Notice of the decision shall be published in a newspaper having a substantial circulation in the county or municipality.
(g) No approval of a governing authority under this subsection shall be effective until a copy thereof, certified by the municipal clerk, containing the name of the owner of record, a description of the premises to which it relates and specifying the reasons for its decision, is recorded in the land records of the county in which the premises are located. The chancery clerk shall index the same in the grantor's index under the name of the then record owner and the record owner shall pay for the recording.
(4) The provisions of this section shall be subordinate to Article VII of the Chickasaw Trail Economic Development Compact described in Section 57-36-1.
SECTION 3. This act shall take effect and be in force from and after July 1, 2010.
