ORDER tabling the Planning Commission's decision to approve Case File 2507HC105 for a Zoning Text Amendment to establish additional new zoning districts including not limited to definitions, use table modifications, dimensional requirements in Harrison County Unified Development Code to better serve the needs of the County, until public hearing are set. The entire text of the proposed changes is available at the Chancery Clerks Office, Zoning, and on the County website at https://harrisoncountyms.gov/. -Eric Nolan, Zoning Administrator Amendment 1 Article II - Interpretation and Definitions 203 - Meaning of Words and Terms [Add the following definitions to this Section] Page 31 Spot Zoning: An arbitrary zoning or rezoning of a small or isolated tract of land, usually surrounded by other uses or zoning categories that are of a markedly or substantially different intensity, that is not consistent with the comprehensive land use plan, and that primarily promotes the private interest of the owner rather than the general welfare. Amendment 2 Article III - General Provisions 300 - Establishment of Districts For the purpose of applying the provision of this Code, Harrison County, Mississippi is hereby divided into zoning districts as follows: A-1 General Agricultural District (Section 402) [Delete this Heading and Modify as follows] Agricultural Districts (Section 402) A-1 General Agricultural District A-3 Agricultural-Residential District E-1 Very Low Density Residential District (Section 403) [Delete this Heading and Modify as follows] Estate Lot Districts (Section 403) E-1 Estate District E-1.5 Estate-Minor District R-1 Low Density Residential District (Section 404) [Delete this Heading and Modify as follows] Single-Family Residential Districts (Section 404) R-E Low Density Residential District-Established R-1.15 Single-family Large Lot District R-1.12 Single-family Low Density District R-1.10 Single-family Residential Moderate Density District R-1-MD Single-family Residential Mixed Density District [The remaining Residential and Commercial Districts within the existing code do not change] Amendment 3 [OMIT THE FOLLOWING SECTIONS AND SUBSECTIONS - 402, 403, and 404] [REPLACE THE ABOVE LISTED SECTIONS WITH THE FOLLOWING REVISED SECTIONS AND SUBSECTIONS] Article IV 402 - Agricultural Districts 402.01 A-1 General Agriculture District [5 Acres] Comment: This reduces the required parcel size of the A-1 District from 15 acres to 5 acres. This will make more parcels within the A-1 District compliant and will allow some division of land and maintain the rural character of the area and the A-1 designation. Currently, any parcel less than 15 acres has to be rezoned to E-1 or an R-1 District. The current E-1 areas are proposed to be reclassified as A-3 to permit lot sizes of 3 acres or more. 402.01.01 The purpose of the A-1 General Agriculture District is to provide an area primarily for farming, agricultural, silvicultural, dairying, the raising of livestock, poultry or other similar enterprises or uses on large parcels of 5 acres or greater. The purpose of this district is to function as a ‘holding district’. These areas were provided to protect such uses from urbanization and suburban sprawl until change to such uses is warranted and is provided for in the Harrison County Comprehensive Plan and can be 3 accommodated with appropriate infrastructure for water supply, sanitary waste disposal, transportation and the provision of essential governmental services. Multiple uses of a single parcel of land are allowed provided such uses are consistent with uses normally permitted in the A-1 District. Residential use incidental to and normally appurtenant to agricultural uses is consistent with the purpose of the A-1 District, and residential uses are appropriate as a principal use for a parcel. Development of lots or tracts primarily for residential use is not consistent with the purpose of the A-1 District unless the lots or tracts meet the minimum requirements of the district. 402.01.02 Permitted Uses - See Section 415 Table of Uses for permitted uses. 402.01.03 Conditional uses. See Section 415 Table of Uses for conditional uses. All conditional uses require review and approval by the Planning Commission. See Article XIV, Section 1404. 402.01.04 Yard Required. See Section 416 Table of Area and Dimensional Requirements for yard requirements. 402.01.05 Lot Requirements. See section 416 Table of Area and Dimensional Requirements or lot requirements. 402.01.06 Height Regulations. See Section 416 Table of Area and Dimensional Requirements or height requirements. 402.02 A-3 Agriculture-Minor District [3 Acres] Comment: Areas that are currently classified as E-1 shall be reclassified as A-3. With this change on the zoning map, no areas will be classified as E-1 without a rezoning. E-1 lots will have a minimum area of 1 acre. 402.02.01 The purpose of the A-3 Agriculture-Minor District The purpose of the A-3 Agriculture-Minor District is to provide an area primarily for rural residential uses with allowances for small scale primary and accessory uses that are related to farming, agricultural, silvicultural, dairying, the raising of livestock, poultry or other similar uses. The agricultural uses are typically accessory uses or “hobby” farms or gardens where agriculture, farming, and similar uses are generally not commercial in nature, but these uses are not necessarily prohibited with sufficient land areas. It is the purpose of this district to encourage and protect such uses or areas from urbanization and suburban sprawl until change to such uses is warranted, is provided for in the Harrison County Comprehensive Plan and can be accommodated with appropriate infrastructure for water supply, sanitary waste disposal, transportation and the provision of essential governmental services. Residential uses are the primary permitted uses and accessory farm, barns, stables, and similar buildings are permitted as accessory and primary uses or structures that are consistent with the purpose of the A-3 District. This district permits the subdivision or development of residential lots and can be served by public services or on-site wells and septic, if the soil composition and capacity of land can accommodate individual or shared services. 402.02.02 Permitted Uses - See Section 415 Table of Uses for permitted uses. 402.02.03 Conditional uses. See Section 415 Table of Uses for conditional uses. All conditional uses require review and approval by the Planning Commission. See Article XIV, Section 1404. 402.02.04 Yard Required. See Section 416 Table of Area and Dimensional Requirements for yard requirements. 402.02.05 Lot Requirements. See section 416 Table of Area and Dimensional Requirements or lot requirements. 402.02.06 Height Regulations. See Section 416 Table of Area and Dimensional Requirements or height requirements. 403.01 E-1 Estate District [1 Acre] Comment: Areas that are currently classified as E-1 shall be reclassified as A-3. No areas will be classified as E-1 on the current zoning map and these areas will be created through rezonings. E-1 lots will have a minimum area of 1 acre, and this is considered a newly established district. This is a preferred district in rural areas where suburban densities are discouraged. 403.01.01 The purpose of the E-1 Estate District is to provide for very low density, estate type, residential development that is adjacent to areas where the character of development is established as or is planned to be predominantly residential. The principal use of land is for single-household dwellings in a very low density or rural setting. These districts may be small in size to accommodate the transfer of ownership to family members or care providers in more rural areas that need maintain overall character. Recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area are also permitted. These areas are intended to be defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationships of each element. This district permits the subdivision or development of residential lots and can be served by public services or on-site wells and septic, if the soil composition and capacity of land can accommodate individual or shared service. 403.01.02 Permitted Uses - See Section 415 Table of Uses for permitted uses. 403.01.03 Conditional uses. See Section 415 Table of Uses for conditional uses. All conditional uses require review and approval by the Planning Commission. See Article XIV, Section 1404. 4 403.01.04 Yard Required. See Section 416 Table of Area and Dimensional Requirements for yard requirements. 403.01.05 Lot Requirements. See section 416 Table of Area and Dimensional Requirements or lot requirements. 403.01.06 Height Regulations. See Section 416 Table of Area and Dimensional Requirements or height requirements. 403.02 E-1.5 Estate-Minor District [21,500 square feet] Comment: The proposed E-1.5 District was formerly proposed as R-1.20 (20,000 square feet). The area requirement has been increased to approximately one-half acre. No areas will be classified as E-1.5 on the current zoning map and these areas will be created through rezonings. This is a preferred district in rural areas where suburban densities associated with “R” Districts are discouraged. These areas could be ‘clustered’ to share approved private septic systems or on individual systems if approved by state agencies, but it is expected that this district will be served primarily by sewage collection systems for off-site treatment. 403.02.01 The purpose of the E-1.5 Estate-Minor District is to provide for very low density, estate type, residential development that is adjacent to areas where the character of development is established as or is planned to be predominantly residential. The principal use of land is for single-household dwellings that can be developed as individual parcels, lot clusters, or within a subdivision. These districts can be located in rural or developed areas, depending upon the character of the area. These districts may be small in size to accommodate the transfer of ownership to family members or care providers in more rural areas that need maintain overall character. Recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area are also permitted. These areas are intended to be defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationships of each element. This district permits the subdivision or development of residential lots and can be served by public services. On-site wells and septic is not encouraged, but may be permitted in limited cases where the soil composition and capacity of land can accommodate individual or shared services. These areas are generally located in close proximity to unincorporated suburban residential areas, or urban centers. 403.02.02 Permitted Uses - See Section 415 Table of Uses for permitted uses. 403.02.03 Conditional uses. See Section 415 Table of Uses for conditional uses. All conditional uses require review and approval by the Planning Commission. See Article XIV, Section 1404. 403.02.04 Yard Required. See Section 416 Table of Area and Dimensional Requirements for yard requirements. 403.02.05 Lot Requirements. See section 416 Table of Area and Dimensional Requirements or lot requirements. 403.02.06 Height Regulations. See Section 416 Table of Area and Dimensional Requirements or height requirements. 404 Residential Districts (Changed from R-1 Low Density Residential District) 404.01 R-E Low Density Residential District Comment: This R-1 District is relisted as the R-E District (Residential-Established) and will primarily include existing single family residential developments and parcels with households. New proposed subdivision or lots that require rezoning will not be allowed to request a R-E District. A request must be submitted for one of the following Districts. 404.01.01 The purpose of the R-E Single Family Residential-Low Density District-Established is to provide for low density residential uses that maintains a larger lot character. The principal use of land is for single-household dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be well defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationships of each element. These areas are not intended to include uses such farming, agricultural, silvicultural, dairying, the raising of livestock, poultry or other similar uses. These areas are intended to be developed as single-family residential uses in suburban-type neighborhoods. Public water and sewer services are required for subdivision development in this district. This is an Established District that was originally established with the adoption of the Unified Development Code. There are numerous areas within the County that have been developed within this District. This classification is intended to remain with those areas, but any development to reconfigure, subdivide, or otherwise modify the established parcel or interest shall require a zoning map amendment to an appropriate district. 404.01.02 Permitted Uses - See Section 415 Table of Uses for permitted uses. 404.01.03 Conditional uses. See Section 415 Table of Uses for conditional uses. All conditional uses require review and approval by the Planning Commission. See Article XIV, Section 1404. 404.01.04 Yard Required. See Section 416 Table of Area and Dimensional Requirements for yard requirements. 404.01.05 Lot Requirements. See section 416 Table of Area and Dimensional Requirements or lot requirements. 5 404.01.06 Height Regulations. See Section 416 Table of Area and Dimensional Requirements or height requirements. 404.02 R-1.15 Single Family Residential-Large Lot District [15,000 Sq. Ft.] 404.02.01 The purpose of the R-1.15 Single Family Residential-Large Lot District is to provide for low density residential uses in a suburban neighborhood environment. The principal use of land is for single-household dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be well defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationships of each element. These areas are intended to be developed as single-family residential uses in suburban-type neighborhoods. 404.02.02 Permitted Uses - See Section 415 Table of Uses for permitted uses. 404.02.03 Conditional uses. See Section 415 Table of Uses for conditional uses. All conditional uses require review and approval by the Planning Commission. See Article XIV, Section 1404. 404.02.04 Yard Required. See Section 416 Table of Area and Dimensional Requirements for yard requirements. 404.02.05 Lot Requirements. See section 416 Table of Area and Dimensional Requirements or lot requirements. 404.02.06 Height Regulations. See Section 416 Table of Area and Dimensional Requirements or height requirements. 404.03 R-1.12 Single Family Residential-Low Density District [12,000 Sq. Ft.] 404.03.01 The purpose of the R-1.12 Single Family Residential-Low Density District is to provide for low density residential uses in a suburban neighborhood environment. The principal use of land is for single-household dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be well defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationships of each element. These areas are intended to be developed as single-family residential uses in suburban-type neighborhoods. 404.03.02 Permitted Uses - See Section 415 Table of Uses for permitted uses. 404.03.03 Conditional uses. See Section 415 Table of Uses for conditional uses. All conditional uses require review and approval by the Planning Commission. See Article XIV, Section 1404. 404.03.04 Yard Required. See Section 416 Table of Area and Dimensional Requirements for yard requirements. 404.03.05 Lot Requirements. See section 416 Table of Area and Dimensional Requirements or lot requirements. 404.03.06 Height Regulations. See Section 416 Table of Area and Dimensional Requirements or height requirements. 404.04 R-1.10 Single Family Residential-Moderate Density District [10,000 Sq. Ft.] 404.04.01 The purpose of the R-1.10 Single Family Residential-Moderate Density District is to provide for a medium density single family residential uses in a neighborhood environment. The principal use of land is for single-household dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be well defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationships of each element. These areas are intended to be developed as single-family residential uses in suburban-type neighborhoods. 404.04.02 Permitted Uses - See Section 415 Table of Uses for permitted uses. 404.04.03 Conditional uses. See Section 415 Table of Uses for conditional uses. All conditional uses require review and approval by the Planning Commission. See Article XIV, Section 1404. 404.04.04 Yard Required. See Section 416 Table of Area and Dimensional Requirements for yard requirements 404.04.05 Lot Requirements. See section 416 Table of Area and Dimensional Requirements or lot requirements. 404.04.06 Height Regulations. See Section 416 Table of Area and Dimensional Requirements or height requirements. 6 404.05 R-1-MD Single Family Residential-Mixed Density District 404.05.01 The purpose of the R-1-MD District is to foster a mix of residential lot sizes and structures and will be approved through a land use amendment (rezoning process) of the applicant for single-family residential development. The neighborhoods must demonstrate a mix of lot sizes that include two of the permitted lot sizes of the above districts (R-1.10, R-1.12 or R-1.15) and smaller, more compact lots with areas to a minimum of 8,000 square feet. To encourage an appropriate mix of lot sizes, not more than one-third of the lots can include areas less than 10,000 square feet to provide a smaller lot residential uses in a suburban neighborhood environment that maintains single family character. In general, lots mixture shall include approximately one-third representation of each included residential district classifications. The principal use of land is for single-household dwellings and related recreational, religious and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be well defined and protected from the encroachment of uses not performing a function appropriate to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationships of each element. These areas are intended to be developed as single-family residential uses in suburban-type neighborhoods in areas where similar districts or densities exist. 404.05.02 Permitted Uses - See Section 415 Table of Uses for permitted uses. 404.05.03 Conditional uses. See Section 415 Table of Uses for conditional uses. All conditional uses require review and approval by the Planning Commission. See Article XIV, Section 1404. 404.05.04 Yard Required. See Section 416 Table of Area and Dimensional Requirements for yard requirements. 404.05.05 Lot Requirements. See section 416 Table of Area and Dimensional Requirements or lot requirements. 404.05.06 Height Regulations. See Section 416 Table of Area and Dimensional Requirements or height requirements. Amendment 4 Article IV - District Regulations 400- Application of District Regulations 415 - Table of Uses [create the following subsection approximately page 54 of existing code] 415.02 The zoning districts A-1, E-1 and R-1 (Established Districts) as identified within Section 415 Table of Uses shall generally permit, prohibit or conditionally allow, unless otherwise noted, the same uses within the related subdistricts. [Changes to Table 415] Page 55 Agricultural and related farming operations, including horticulture, plant nurseries, market gardening, field crops, and orchards. Replace “R” in E-1 with “C” (Note: because of lot sizes, these are conditional uses in E-1 and E-1.5 Districts). Page 61 Community garden, satellite farms, and similar small group and/or neighborhood farming operations. Replace “R” in E-1, E-1.5 with “C” (Note: because of lot sizes, these are conditional uses in E-1 and E-1.5 Districts.) Page 65-66 Within the A-1 Column, replace the “C” with “R” for “Dwelling, Secondary Unit” [Allow manufactured homes as secondary living units on A-1 or A-2 parcels by conditional use. This removes rezoning and splitting of lots for immediate family members]. Amend letter ‘e’ e. Mobile homes, manufactured homes, travel trailers, RV's, and similar structures shall not be used as Secondary Living Units except that a manufactured home installed as set forth in this table may be used as a Secondary Living Unit within A-1 and A-2 Districts that meet the minimum area requirements of the district and for immediate family members by a Conditional Use permit. Amendment: h. Permitted in A-1 and A-2 Districts. Conditional Use Permit required for non-conforming “A” Districts. sections h. (existing), i., j., k., l., m. and n. appear to be duplicate sections and should be removed. Page 67 Farm and garden equipment and supplies Replace “C” in E-1, E-1.5 with “Blank” (Note: because of lot sizes, these uses should not be permitted in E-1 and E-1.5 Districts.) 7 Page 70 Dog Kennel Replace “C” in E-1, E-1.5 with “Blank” (Note: because of lot sizes, these uses should not be permitted in E-1 and E-1.5 Districts Page 71 Livestock (sheep and goats only). a. Permitted as a Conditional Use with E-1 District on parcels with 3 acres or more. Page 72 Livestock - Cattle, horses, and swine Replace “R” in E-1 and E-1.5 with “C” (Note: because of lot sizes, these are conditional uses in E-1 and E-1.5 Districts.) d. Permitted as a Conditional Use with E-1 and E-1.5 District on parcels with 3 acres or more. Livestock: concentrated feeding operations (not including aquaculture operations). Replace “C” in E-1, E-1.5 with “Blank” (Note: because of lot sizes, these uses should not be permitted in E-1 and E-1.5 Districts.) Page 74 Within the A-1 Column, replace the “C” with “R” for “Manufactured Home on Individual Lot” Manufactured home on individual lot: e. Manufactured homes may be permitted within nonconforming “A” Districts as a Conditional Use (“C”). Page 76 Meat slaughtering and/or packing house Replace “C” in E-1, E-1.5 with “Blank” (Note: because of lot sizes, these uses should not be permitted in E-1 and E-1.5 Districts). Page 80 Oyster house. A conditional use permit for this activity shall meet the following criteria… Replace “C” in E-1, E-1.5 with “Blank” (Note: because of lot sizes, these uses should not be permitted in E-1 and E-1.5 Districts). Page 90 [amend to remove the ‘5 years clause for constructed subdivision’] Subdivisions, Single family 6 lots or more and new construction on vacant lots in a Platted Subdivision recorded more than 5 years from the date of building permit request; [This latter portions should be deleted] The above is reworded to state: Subdivisions, Single family with 6 lots or more The “C” Conditional Use requirement will be maintained in all districts.

Committee

Zoning

Introduced

December 22, 2025

On agenda

January 5, 2026

Passed

January 5, 2026