ORDINANCE NO. ___

ORDINANCE REPLACING CHAPTER 23, THE LAND DEVELOPMENT ORDINANCE, OF THE CODE OF ORDINANCES OF THE CITY OF BILOXI, MISSISSIPPI (1992) AND OFFICIAL ZONING MAP, WITH AN UPDATED AND REVISED CHAPTER 23, LAND DEVELOPMENT ORDINANCE AND OFFICIAL ZONING MAP, TO CONFORM TO THE BILOXI COMPREHENSIVE PLAN ADOPTED DECEMBER 2009

     WHEREAS, provisions of the Mississippi Code of 1972, as amended, authorize the Mayor and City Council to regulate the use, development and subdivision of land and related matters to protect the public health, welfare and safety; and

     WHEREAS, provisions of the Mississippi Code of 1972, as amended, enable municipalities to adopt and enforce zoning ordinances in conformance with an officially adopted comprehensive plan; and

     WHEREAS, the City of Biloxi was severely impacted by Hurricane Katrina, said impact including among other things, land use, land use patterns, housing, community facilities and transportation systems, creating the need for updating and revising the consolidated Land Development Ordinance and Geographical Information System (GIS) format Official Zoning Map; and

     WHEREAS, the Mayor and City Council find that a substantial need exists to update the City’s Land Development Ordinance and GIS format Official Zoning Map to comply with the Biloxi Comprehensive Plan adopted December 2009; and

     WHEREAS, the City of Biloxi is the recipient of Katrina Supplemental CDBG Round I  Community Revitalization and Round II Planning Grant funds from the Mississippi Development Authority for Projects #R-103-122-01-KP, which includes updating the subdivision regulations, and #R-103-122-02-KP, which includes revising the zoning ordinance and GIS format map; and

     WHEREAS, on January 30, 2008, the City of Biloxi accepted proposals for professional planning services for preparation of revisions to the subdivision regulations and zoning ordinance and GIS map and subsequently entered into a contract with Wallace Roberts & Todd, LLC to perform the aforementioned services; and

     WHEREAS, between April 2008 and May 2010, Wallace Roberts & Todd, LLC and its subcontractor Clarion Associates solicited extensive input regarding revisions to the Land Development Ordinance and GIS format Official Zoning Map from the general public, as well as from the Planning Commission; Architectural and Historic Review Commission; Comprehensive Plan Resource Group; and the Biloxi Main Street Program through stakeholder interviews, workshops, meetings and public hearings; through ongoing communication with the City’s elected officials and staff; and  through a survey/poll of approximately 500 City residents on local policies, issues, facilities and needs; and

     WHEREAS, an updated and revised Land Development Ordinance and GIS format Official Zoning Map, which incorporates said input and complies with contract terms and scopes of work for professionals planning services, has been prepared by Wallace Roberts & Todd, LLC and Clarion Associates; and

     WHEREAS,  the Biloxi Planning Commission recommends that the revisions and updates to the Land Development Ordinance and GIS format Official Zoning Map as prepared by Wallace Roberts & Todd, LLC and Clarion Associates be adopted; and

     WHEREAS, it is in the best interest of the City of Biloxi in order to protect the health, welfare and safety of its citizens that the Land Development Ordinance and GIS format Official Zoning Map revisions and updates be approved to conform with the recently-adopted Biloxi Comprehensive Plan;

     NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FOR THE CITY OF BILOXI, MISSISSIPPI, AS FOLLOWS:

     Section One.  The findings, conclusions and statements of fact contained in the preamble are hereby adopted and ratified.

     Section Two.  The Code of Ordinances of the City of Biloxi, Mississippi (1992) is hereby amended by replacing Chapter 23 Land Development Ordinance, adopted July 29, 2003 and effective September 3, 2003, with the following, which shall be designated as Chapter 23 Land Development Ordinance:

(The full text of Chapter 23 accompanies this ordinance before the City Council of the City of Biloxi, Mississippi and shall be spread upon the minutes of the City Council of the City of Biloxi, Mississippi.  Due to the size and volume of the text, maps and appendices contained in Chapter 23, it is attached hereto in a binder labeled Exhibit “A” and is hereby incorporated herein as if set out word for word.)

     Section Three.  No section of the existing Code of the City of Biloxi, Mississippi (1992) shall be deemed repealed until the replacement provision has become effective, in accordance with the terms of Sec. 23-1 of the updated and revised Land Development Ordinance.

     Section Four.  Chapter 23 Land Development Ordinance shall take effect ______(date to be     determined)___ subject to the transitional provisions set forth in Sec. 23-1-8, or as soon thereafter as is authorized by law.  The provisions of City of Biloxi Resolutions Number 109-10, 685-09 and 360-08, which enact and extend a moratorium on specified regulated businesses, shall continue in full force and effect until specifically repealed; and

     Section Five.  If any provision of this ordinance (incorporated herein the Land Development Ordinance), including any section, subsection, sentence, boundary, clause, phrase or any other portion whatsoever, shall be determined to be void, invalid, unconstitutional or otherwise unenforceable, then the remainder of this ordinance (or the application of such provision to persons or circumstances other than those in respect of which it is void, invalid, unconstitutional or unenforceable) shall not be affected thereby, and each provision of this ordinance shall be valid and enforceable to the fullest extent permitted by law.