SECTION 400 - COMPLIANCE REQUIRED

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered EXCEPT IN CONFORMANCE WITH ALL OF THE REGULATIONS SPECIFIED FOR THE DISTRICT IN WHICH IT IS LOCATED.

Furthermore, no person shall use or occupy a building, structure or land within Hinds County for an activity which requires a federal and/or State of Mississippi license until said license is obtained from the appropriate authorities.

SECTION 401 - PERMITS REQUIRED

Before any person shall commence the construction or erection of building, parking or placing a manufactured home or travel trailer, on any property within the area, he shall obtain a permit from the Board of Supervisors of Hinds County, Mississippi. No building or other structure shall be erected, moved (see resolution adopted December 3, 1982, Book 118, page 210), added to, structurally altered or manufactured home parked without a permit therefore issued by the Permit Department.

SECTION 402 - NONCONFORMITIES DEFINED

"Nonconformities" shall consist of any land, lot, building, structure, or parts thereof, or the various uses to which those items are or were put, and which lawfully existed prior to the enactment of this ordinance; but which subsequently do not comply with the provisions of this ordinance and the requirements of the district wherein located. The regulations pertaining to such non-conformities are established in the district regulations and under Article XXIII.

SECTION 403 - DISTRICT REGULATIONS CONSTITUTE MINIMUM REGULATIONS

The regulations established in this Ordinance with each district (Articles V through XVIII) shall constitute minimum regulations unless otherwise noted.

SECTION 404 - UNIFORMITY WITHIN DISTRICTS

The regulations and provisions established by this ordinance for each district shall apply uniformly within each district of the same name and shall apply uniformly to each class or type of building, structure, use, or land therein except as otherwise provided.

SECTION 405 - COMMON YARDS, OPEN SPACE, AND OFF-STREET PARKING OR LOADING SPACE

No yard, other than open space, off-street parking or loading space required for any building or structure shall be included as a yard, open space or off-street parking or loading space required for any other building or structure.

SECTION 406 - REDUCTION OF YARDS AND LOTS BELOW MINIMUM REQUIREMENTS PROHIBITED

No yard or lot of record existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots of record created after the effective date of this Ordinance shall meet at least the minimum requirement established by this ordinance.

SECTION 407 - FRONT YARDS ON CORNER OR DOUBLE FRONTAGE LOTS

On corner lots or double frontage lots ("through lots"), each side fronting on a street shall be considered a front yard, and the required front yard setback shall be measured from each existing or proposed (on the adopted Thoroughfares Plan) right-of-way upon which the lot abuts. In accordance with the Subdivision Regulations of Hinds County, the front yard setbacks of all lot shall be shown as a dashed line on all preliminary and final subdivision plats.

SECTION 408 - DETERMINATION OF SETBACKS

In measuring a required front yard (i.e., setback), the minimum horizontal distance between the existing or proposed right-of-way line and the main structure shall be used. The required setback line shall be measured from the existing or proposed right-of-way line (or lines for corner lots) and double frontage lots, which shall be determined by the adopted Thoroughfares Plan of Hinds County. If a proposed street is not functionally classified (as a local, collector or arterial street) by the adopted Thoroughfares Plan, the functional classification of said street shall be determined by the County Engineer during the sketch plat review process for the proposed subdivision or during the site plan review process (for developments not involving a subdivision of land).

SECTION 409 - STREET FRONTAGE REQUIRED

Every building or structure hereafter constructed, moved, or structurally altered shall have the herein required frontage to a public (dedicated) street, as set forth in the dimensional requirements section of each district, and shall be so located as to provide safe and convenient access for servicing, fire protection, and required off-street parking, unless allowed otherwise by the specific approval of the Board of Supervisors through Site Plan Review.

SECTION 410 - VISIBILITY AT INTERSECTIONS

On a corner lot in any district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede the vision of motor vehicle operators between a height of two and one-half (2 and ten (10) feet above the center line grades or the intersecting streets and within a triangular area bounded by the rights-of-way lines for a distance of twenty (20) feet from the intersections and a straight line connecting said points twenty (20) feet from the intersection of the rights-of-way lines.

SECTION 411 - FENCES, WALLS, AND HEDGES

At intersections, notwithstanding other provisions of this ordinance, fences, walls, and hedges may be permitted in any required yard, or along the edge of any yard, provided that no such fence, wall or hedge impedes the vision of vehicle drivers so as to constitute a safety hazard.

SECTION 412 - ACCESSORY BUILDINGS OR USES

No accessory building or use shall be placed within the required front or side yard of any main building or use in ANY district. However, an accessory building or use may be placed in the required rear yard of any main building or use provided that the accessory building or use is at least ten feet for the main building or rear property line. Side setbacks shall be the same as main structure requirements.

SECTION 413 - EXCEPTIONS TO HEIGHT REGULATIONS

The height regulations contained in the District Regulations of this Ordinance do not apply to spires, belfries, cupolas, antennas, water, tanks, ventilation chimneys, masts, towers, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. However, any person proposing to erect such and appurtenance to exceed a height of fifty (50) feet above the finished grade shall apply for a conditional use permit (special exception) in accordance with Section 2306 of this ordinance.

SECTION 414 - PUBLIC/QUASI PUBLIC FACILITIES AND UTILITIES

All public and quasi-public facilities and utilities, as defined under Article II of this Ordinance, may be located in any district in the County, provided:

(a) That all applicable requirements of federal and state laws shall be met.

(b) That all such proposed uses shall be subject to the procedures stated under Section 2406 relative to Special Exceptions (Conditional Uses).

No public or quasi-public facility or utility shall be located in a residential district or other district where such land use would adversely affect the surrounding area.

SECTION 415 - PERMITTED CONDITIONAL USES CONSTITUTE CONFORMING USES

Any land use which is permitted as a conditional use in a particular district under the terms of this ordinance shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.

SECTION 416 - HOME OCCUPATIONS

Home occupations, as defined under Article II of this Ordinance, are permitted in any district where residential uses are allowed if a building permit or change of use permit is issued therefor subject to the following limitations:

416.01 Display and Storage: No storage or display of materials, goods, supplies, or equipment related to the operation of a home operation shall be visible from the outside of any structure located on the premises.

416.02 Minimum Area: Not more than twenty-five percent (25%) of the floor area of the dwelling shall be used for the conduct of the home occupation. Any accessory building used in connection with the home occupation shall not exceed 400 square feet in area.

416.03 Traffic and Parking Restrictions: No traffic shall be generated by such home occupations in greater volumes than would normally be expected in a residential neighborhood ( as determined by the Zoning Administrator), and any need for parking generated by the conduct of such home occupations shall be met off the street and other than in a required yard. Furthermore, an ample amount of such off-street parking shall be provided as determined by the Zoning Administrator at the time of the application for a building permit or change of use permit.

416.04 Exterior Lighting: There shall be no exterior lighting which would indicate that the dwelling and\or accessory building is being utilized in whole or in part of any purpose other than residential.

416.05 Signs Relating to Home Occupations: One unilluminated non-reflectorized name plate shall be allowed per dwelling, provided that the name.

416.06 Non-Resident Employees: No non-resident employee (i.e., a person not residing on the same premises with the operator) shall be employed in connection with any home occupation.

416.07 Other Provisions: No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, or odors detectable to the normal senses outside of the dwelling unit or accessory building in which the occupation is conducted. No equipment or process shall be used in any home occupation which create visual or audible electrical interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

SECTION 417 - PARKING AND STORAGE OF VEHICLES REQUIRING LICENSES AND STATE INSPECTION STICKERS

Vehicles or trailer of any kind or type which require licenses or State inspection stickers, but are without current license plates or do not have current State inspection stickers affixed to the vehicle or trailer, shall not be parked or stored on any property zoned agricultural or residential other than in completely enclosed buildings, nor shall such vehicles be parked on public streets. The only exception to this requirement is the allowance of a junk yard as conditional use in certain agriculturally zoned areas.

SECTION 418 - PARKING, STORAGE, OR USE OF MAJOR RECREATIONAL EQUIPMENT

For the purposes of these regulations, major recreational equipment is defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on or attached to automotive vehicles), motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational. No major recreational equipment shall be parked or stored on any lot in a residential district except within the setbacks required in that district, provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed 24 hours during loading or unloading. No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot or in any location not approved for such use.

SECTION 419 - ONLY ONE PRINCIPAL STRUCTURE PERMITTED IN R-1 OR R-2, R-2-M DISTRICTS

In no case shall there be more than one principal structure erected on a single lot in any R-1, R-2 or R-2-M Residential District except as otherwise provided in this ordinance.

SECTION 420 - CONFORMANCE WITH SUBDIVISION REGULATIONS

No building shall be constructed on any lot which does not conform to the provisions of the Subdivision Regulations of Hinds County.

SECTION 421 - PROHIBITED USES

Within Hinds County, no lot, land, premises, place or building shall be used, and no buildings or structures shall be erected or placed, which are arranged, intended, or designed for any use which generates environmental pollutants beyond a tolerable level by reason of excessive noise, odor glare, vibration, smoke dust, fumes, vapors, gases, liquid and solid waste, radiation, electrical emissions, danger from fire or explosion, or any other debilitating influence as defined by the U. S. Environmental Protection Agency as regulated by the Mississippi Department of Natural Resources, Bureau of Pollution Control and the Mississippi State Board of Health.

SECTION 422 - MATERIALS AND GROWTH CONSTITUTING PUBLIC HEALTH AND/OR SAFETY HAZARD PROHIBITED

No rubbish, salvage materials, junk or hazardous waste materials, including inoperable vehicles and parts and any combustible matter, shall be openly stored, allowed to accumulate or kept in the open, and no weeds or other growth shall be allowed to go uncut within any district when the same shall be determined by the appropriate County Official ( the Zoning Administrator, Fire Chief, or other authorized County employee) or health official to constitute a menace to the public health and/or a safety.

SECTION 423 - PENDING APPLICATIONS FOR BUILDING PERMITS

Nothing in this ordinance shall require any change in the overall layout, plans, construction, size or designated use of any development, building structure or part thereof for which official approvals and required building permits have been legally granted before the enactment of this Ordinance. Construction shall have been started within six (6) months of the effective date of this Ordinance and completed within a subsequent two year period and not discontinued until completion except for reasons beyond the builder's control. All permits for which construction has not begun within six (6) months of the effective date of this Ordinance are hereby revoked and void.

SECTION 424 - AREAS BECOMING PART OF UNINCORPORATED HINDS COUNTY

All territory which may hereafter become a part of the unincorporated area of Hinds County by revision of corporate boundaries of any village, town, or city, shall remain in its existing municipal classification until such time as such classification may be changed by an amendment to the Zoning Ordinance, as provided by law. Where such territory does not have an existing classification, no permits shall be issued in that district for 90 days or until the territory is zoned according to proper procedures as outlined herein.

SECTION 425 - REQUIRED DEDICATION OF LAND FOR IMPROVEMENT OF EXISTING NARROW STREETS

Where any person proposes the development of an apartment or condominium complex, a residential subdivision, a manufactured home park, and office park or shopping center, or an industrial development and said person owns land on one side only of an existing narrow street (i.e., a street having a right-of-way and/or surface width less than the minimum design standards specified in the Subdivision Regulations for the functional classification of the subject street as shown on the adopted Thoroughfares plan), the person responsible for initiating the development shall be required to dedicate at his expense the land (on the side of the street that he owns) needed for widening or re-alignment of the street as measured from the approximate center line of the narrow street.

However, if the person proposing any such development as prescribed above owns land on both sides of the existing narrow street, said person shall dedicate at his expense the land needed for widening or re-alignment on both sides of the narrow street.

SECTION 426 - REQUIRED IMPROVEMENT OF UNPAVED STREETS

Where any person proposes the development of an apartment or condominium complex, a residential subdivision, a manufactured home park, an office park or shopping center, or an industrial use, and the land that said person proposes for development abuts an unpaved street, the developer shall pave a this expense in accordance with the minimum design standards prescribed in the Subdivision Regulations for the function classification as shown on the adopted Thoroughfares Plan the entire length of said unpaved street abutting the proposed development/ or the developer shall pay to Hinds County a sum equal to the estimate by the County Engineer of the cost of paving the unpaved street in accordance with the minimum standards for the appropriate functional classification. If the unpaved street is functionally classified a Principal Arterial, the developer shall pave the street, or pay to the County the cost of paving the street, in accordance with Minor Arterial standards without curbs and gutters (i.e., with open ditch storm drainage). If the unpaved street is classified as a Minor Arterial, Collector, or Local street on the adopted Thoroughfares Plan, the developer shall pave or pay the cost of paving the street in accordance with the appropriate design standards with curbs and gutters where curbs and gutters are required by the Subdivision regulations.

The paving of such unpaved streets, or payment to the County of the cost of paving the street; shall be completed/made by the developer prior to issuance of a building permit for the construction of any building that will be part of the proposed development, unless a performance bond for the final wearing surface is accepted by the County.

SECTION 427 - REQUIRED DEDICATION OF LAND FOR NEW STREETS PROPOSED ON THOROUGHFARES PLAN AND CONSTRUCTION OF NEW STREETS

Where a person proposed the development of land for an apartment or condominium complex, a residential subdivision, an office park or shopping center or an industrial use that lies within the approximate path of a new street proposed on the adopted Thoroughfares Plan, said person shall dedicate to Hinds County the right-of-way needed for such new street in accordance with minimum design standards specified in the Subdivision Regulations for the functional classification of the street as shown on the Thoroughfares Plan.

If the proposed street is classified as Principal Arterial, said developer shall also be responsible for constructing at his expense the proposed street in accordance with the design standards specified in the Subdivision Regulations for at least a Minor Arterial without curbs and gutters. Where the proposed street is functionally classified as a Minor Arterial or Collector street, the developer shall construct the new street in accordance with the minimum design standards for the new street in accordance with the minimum design standards for the applicable classification as specified in the Subdivision regulations. Or, in lieu of construction as specified above, the developer shall pay to Hinds County the cost of constructing the new street based upon the cost estimate of the County Engineer for the appropriate functional classification as shown on the adopted Thoroughfares plan.

If it is determined by the Zoning Administrator and the County Engineer that the developer owns land only on one side of the proposed street, the developer shall dedicate the land needed for the new street measured from the approximate center line of the new street as determined by the County Engineer and pay to the County a pro-rate share of the cost of constructing the new street for the applicable classification.

The dedication of land and construction of the street shall be made and performed (or pro-rate payment made to the County if land is owned only on one side of the new street) prior to issuance of a building permit for construction of any building that will be part of the proposed development, unless a performance bond for the final wearing surface is accepted by the County.

The developer shall submit construction plans to the Zoning Administrator and the County Engineer for approval prior to the approval of preliminary plat (for a subdivision) or a site plan (for an apartment or condominium complex, shopping center or other development not involving a subdivision).

SECTION 428 - REQUIRED SETBACK FOR ALL RESIDENTIAL USES ABUTTING RAILROADS

A setback of one hundred (100) feet shall be required between all proposed residential main buildings and railroad tracks (i.e., measured from the metal track, not the railroad right-of-way line, to the nearest exterior limits of the proposed residential building). The side or rear yard setback required within the district where residential structures are permitted by be included within this l00-foot setback. Accessory buildings, such as garages or carports where detached from the main residential buildings or laundry rooms and recreational club houses (in apartment or condominium complexes) may be located within the 100-foot setback provided that the builder of such accessory structures complies with the required side or rear yard setback within the subject district.

SECTION 429 - LOT AREA REQUIREMENT WHERE CENTRAL WATER AND SEWER ARE NOT AVAILABLE

The purpose and intent of this section shall be to clarify, qualify, or supplement, as the case may be, the district regulations of the district in which such property is located.

429.01 Minimum Lot Area: The minimum lot area requirements in all subdivisions having 2 or more lots where both water and sewer service, as herein defined, are not adjacent to the lot or building site shall be one (1) acre.

429.02 General: The following definitions and general provisions shall apply:

a. Water service shall mean a central water supply system serving the community approved by the State Board of Health.

b. Sewer service shall mean a central sewage disposal or collection and treatment system approved by the Mississippi Department of Natural Resources Water Pollution Control Division. Copy of Hinds County Health Departments written approval of sewer for the structure and/or facility shall be furnished.

c. Minimum improvements required in the subdivision of land are set forth in Section IV of the Hinds County Subdivision Regulations. (Recorded in Book 82, page 161-162.)

SECTION 430 - STREET/ROAD NUMBERS REQUIRED

All permanent structures hereafter constructed in unincorporated Hinds County shall have street/road numbers posted in two locations; one set of numerals at the street right-of-way, and the other located on the structure. Such numbers shall be of sufficient size to be clearly legible for identification purposes.

SECTION 431 - LARGE TRUCKS PROHIBITED IN RESIDENTIAL ZONES

For the purpose of these regulations the term "large trucks" is defined to include all trucks with either a cargo box or bed in excess of twenty (20) feet or a Gross Vehicle Weight Rating (GVWR) in excess of 32,500. No such trucks shall be permitted to travel upon or park in local or collector streets in residentially zoned property, provided however that such trucks may be parked anywhere on residential premises for a period not to exceed 24 hours during loading or unloading. This requirement is not meant to apply to arterial streets traversing, or adjacent to, residential areas.

SECTION 432 - RECORDED EASEMENTS (APPROVED MINUTE BOOK 73, PAGE 273, FEBRUARY 11, 1991)

It is hereby declared the policy of Hinds County, Mississippi that any person or persons owning a tract of parcel of real property within the unincorporated portions of Hinds County that is accessed by a recorded easement must, for the purpose of obtaining a building permit to construct a single family residence, or a permit to park or place a mobile home, comply with the below listed requirements:

1. Provide evidence that the above referenced tract or parcel of property meets minimum requirement for residential use as outlined in the applicable zoning district guidelines.

2. The subject tract or parcel is provided an exclusive perpetual easement for ingress and egress of a minimum width of fifty (50) feet verified by a written instrument recorded in the Chancery Clerk's office of Hinds County.

3. The term " exclusive" to mean all rights of ingress and egress shall be reserved for the use of the owner of the subject tract or parcel as recorded on, or deed of trust, in the office of the Chancery Clerk of Hinds County. The subject easement shall not be owned jointly no shall additional rights of easement be assigned.

SECTION 433 - ILLEGAL INGRESS AND EGRESS

Pursuant to Section 409 of this ordinance, no property my be accessed through a lot of a platted and recorded subdivision in Hinds County, Mississippi.

SECTION 434 - DEVELOPMENT OF FAMILY SUBDIVISION (RECORDED IN MINUTE BOOK 71, PAGE 647, NOVEMBER 13, 1990).

IT IS HEREBY DECLARED the policy of Hinds County, Mississippi that any person or persons owning a tract for parcel of real property within the unincorporated portions of Hinds County who wish to subdivide said tract or parcel among family members for the purpose of establishing individual lots for building development (creating a "family subdivision") may do so under the following conditions:

1. The tract or parcel of property must be subdivided among family members only. Family members include those related by blood, marriage or court order.

2. The subdivided lots must meet all guidelines regarding plat requirements, permitted uses and lot sizes applicable to the Hinds County Zoning Ordinance, adopted September 12, 1988, with the exception that frontage on a "public road" will not be required. For the purposes of this policy, the perpetual right-of-way ("private road") describe in item 4 below will replace the term "public road" as used in the Zoning Ordinance.

3. Prior to any construction or building being permitted on the subject lots, a preliminary plat for the family subdivision must be reviewed and approved, including water, sewer and flood data requirements, as set forth in the Hinds County Subdivision Ordinance, adopted October 4, 1976.

4. All subdivided lots must have frontage on a perpetual right-of-way ("private road") measuring at least fifty (50) feet in width or wider as governed by the applicable zoning district frontage requirements on a public road to provide safe and convenient ingress and egress for emergency and service vehicles. Property owners must supply all legal documentation necessary to certify ownership or right of access in said perpetual right-of way. Each right-of-way must be constructed in accordance with the minimum standards for clay gravel road building as established by the County Engineer. Each right-of-way must be inspected and approved by the County Permit and Zoning Director and the County Road Management Director to insure compliance with the pertinent County regulations.

5. Property owners must, at their own expense, post a clearly visible notice at the entrance to the family subdivision stating that all roads within are private and not maintained by Hinds County. The condition of the private roads will be inspected at least annually by the County Department of Road Management and/or Department of Permit and Zoning.

6. Should any rights-of-way in family subdivisions become impassable, as determined by the inspection noted above, Hinds County has the option to clear the road as needed and to assess the residents of the subject family subdivision for the expense of the clearing.

7. If any lot within a family subdivision is conveyed or transferred outside the subject family, the subdivision shall no longer be considered a private family subdivision. This being the case, the subdivision in question shall conform to all requirements of the County Zoning Ordinance and the Subdivision Regulations, as they apply to Subdivision development, prior to any additional permits being issued for single family residences or the placement of mobile homes.

8. In petitioning Hinds County for a family subdivision, all petitioners shall certify agreement to and compliance with all terms stated herein. Furthermore, all petitioners shall specifically acknowledge that the subject clay gravel rights-of-way are private roads and are in no way eligible for County maintenance; and that should the petitioners desire to have any such private road considered for acceptance by the County as a Public road, petitioners shall, at their own expense, upgrade the road to minimum County standards, as defined by the County Subdivision Ordinance, for overlaid roads prior to the subject road being considered for acceptance by the County.

SECTION 435 - PUBLIC HEARING REQUIREMENTS

Any zoning change or special request not specifically stipulated in the ordinance shall go through the normal procedure of an advertised public hearing before the Planning Commission with their recommendation forwarded to the Board of Supervisors for final action.

SECTION 436- REGULATING THE PLACEMENT, USE, LOCATION, AND OCCUPATION OF MANUFACTURED HOMES AND TRAILERS IN RESIDENTIAL ZONED AREAS (RECORDED IN MINUTE BOOK 79, PAGE 85, APRIL 13, 1992.

APPLICATION FOR PERMIT FOR USE UNDER THE RESIDENTIAL HARDSHIP PROVISION

Any application submitted under this Ordinance must travel through the standard route established by the Zoning Ordinance of a public hearing before the Planning Commission for a recommendation, and to the Board of Supervisors for final action.

All applications submitted under this section shall be accompanied by a plat of the subject property, drawn to scale, showing the proposed location of the manufactured home, and all existing buildings or structures and the setback of each.

All applications must be accompanied by water and sewer approval.

Manufactured homes placed under this section shall be investigated by the Zoning Administrator. All other possibilities, such as additions to the existing home, guest house, and any other solution, should be considered first prior to consideration of the placement of a manufactured home.

No temporary mobile homes in a platted/recorded residential subdivision with lots smaller that two (2) acres in any case.

The placement of a manufactured home in a residential area will never be permanent under any condition. Temporary placement of a manufactured home for six months may be allowed with only one six month extension at the discretion of the Zoning Administrator.

The placement of manufactured home in a residential area will reduce the property value of the surrounding property, therefore, every attempt will be made to hide the structure to the highest degree possible in the rear yard.

The placement of a manufactured home on residential property is a variance in itself, therefore, variances of square footage, lot requirements, and set backs will not be on considered.

APPLICATIONS FOR A PERMITTED USE OTHER THAN RESIDENTIAL

All applications for construction use, storage, and security should meet applicable outlines. (See Application for Permit for Use Under the Residential Hardship Provision).