CITY OF GULFPORT

HARRISON COUNTY ZONING ADMINISTRATION

15309-C COMMUNITY ROAD, GULFPORT, MS 39503 - 228-831-3367

CONDITIONAL USE PERMIT APPLICATION

I. ADVALOREM TAX PARCEL NUMBER: ______________________________________________

(Parcel numbers are available from the Harrison County Tax Assessors at 228-865-4080)

II. GENERAL LOCATION OF PROPERTY INVOLVED: (Give nearby roads)

____________________________________________________________________________________

Address of subject property: ____________________________________________________________

III. GENERAL DESCRIPTION OF REQUEST (What are you asking?): ____________________________

____________________________________________________________________________________

IV. REQUIRED ATTACHMENTS:

A. Supplemental Application (instructions within packet)

B. Current Deed and Recent Tax Receipt

C. Covenants and Easements attached to the property

D. Site Plan (Must include: Streets, location of property lines, dimensions of property, location

of all buildings their distance from each property line, easements, and flood zones.)

E. Please include 3 or more pictures of your home, front, side & rear or if the home is on

order, please include marketing brochure. Tell us the size, shape & color.

F. Check or Credit Cards only for $50.00 application fee + credit card fee

V. OWNERSHIP AND CERTIFICATION: I hereby certify that I have read and understand the information

contained within the application and that all the answers are true and correct. I certify that, as it pertains to

this application, I am in compliance with all applicable Federal, State and local statutes and ordinances.

Further, I certify that I agree to allow the Zoning Officer access to my property during normal working hours

with or without my presence for any reasonable inspection as it relates to this application. Finally, I certify

that I am the owner or one of the owners, of the property that is the subject of this application (each owner must

be listed, use a separate sheet as necessary)

.

_______________________________________ _______________________________________

Name of Owner(s) Name of Preparer or Applicant for Permit

_______________________________________ _______________________________________

Address Address

_______________________________________ _______________________________________

City State Zip Code City State Zip Code

_______________________________________ _______________________________________

Phone / Email Phone / Email

_______________________________________ _______________________________________

Signature (s) of Owner (s) (Required) Signature of Preparer or Applicant

Conditional Use Permit

Preparing the Supplemental Application

Harrison County Zoning Administration

What is a Conditional Use Permit?

The conditional use is defined in the zoning ordinance as "a use which is not allowed in the zone as a matter of right, but which is

permitted upon findings of the planning commission that under the particular circumstances present and subject to specific

conditions, is in harmony with the permitted uses of the zone. Allowable conditional uses are listed under the district regulations.

Uses not so listed shall not be allowed as conditional uses."

Stated a little differently, the conditional use permit is a tool used by zoning ordinances for land uses that don't have a perfect fit in an

area. By requiring an applicant to bring his or her request before a public meeting, neighbors have the ability to comment on changes

being proposed. If there is agreement, and it is evident that the public interest is being served, the likelihood that it will be allowed

will be good.

The Supplemental Application has two halves, the Introduction and the Findings

. You will need to address both on the written

portion of the application.

1. Introduction

:

This is the portion of the application where the applicant gets to explain to the Planning Commissioners what it is he or she wants.

When a Commissioner finishes reading the introduction, he or she should walk away with a general knowledge about you, why you

are making the request, and what it is exactly you are requesting. You should at least talk about the following:

1) Who you are and who owns the property?

2) Where the property is located?

3) What is the present zoning?

4) What are you are trying to do?

5) Why you need the conditional use permit?

6) Are there any special circumstances affecting the request?

The above outline will generally suffice for a simple residential conditional use permit. For business applications, it is suggested

that a more complete presentation be prepared. Consult the zoning text on conditional uses (Section 1404).

2. Required findings of the Planning Commission

: Supplemental Information

* In order for the Planning Commission to reach a decision in your favor, it must determine that the requested conditional use

is compatible ("in harmony") with the neighborhood. You are being asked to provide supporting information from which the

Planning Commission can base its decision.

* You will notice the word "findings" in the name of this section. A finding is a legal term, often referred to as a finding of

fact. For our purposes, it should be regarded as factual information (evidence) that gives support to what you would like to do.

You will be the source of the evidence. With the evidence you provided in the finding, the Planning Commission will be able to

make a decision.

* The person making the application shall reply in writing to each subsection, 1403.03.01 thru 1403.03.08. The reply may be

made on the blank form attached, or may be done separately on a computer-generated form. The reply should be thorough

enough to make your point.

* In the text below, you will find eight (8) subsections. Below the subsections is a general explanation of the kind of

supplemental information you may wish to provide. The explanations are only suggested interpretations made by the staff and

are not meant to limit the extent of your reply. Please feel free to add whatever additional information you feel is needed.

* Avoid short non-descriptive answers. "Yes or no" is not considered a sufficient reply for making a finding. After reading

your paragraph(s) regarding the supplemental information, a reader should have a mental image of the conditions in the area and

how your requested use of the property will be in harmony with the district.

1404.03.01 The proposed use will be harmonious with and in accordance with the general objectives, or with any specific

objective or purpose of the Zoning Code or County Comprehensive Plan.

* The higher the degree of compatibility (harmony) with the surroundings, the greater the degree of being in the public interest.

* Zoning districts allow only certain uses. If the use that you are asking for is allowed in zoning district, either by right or by

conditional use, it thought to be in the public interest for it to be located there. For example, asking to place a manufactured home is a

zoning district that allows manufactured homes is considered in the public interest. Asking to place a manufactured home in a district

that doesn’t allow them is not in the public interest.

* Secondly, the greater the similarity of your intended use to existing uses in the neighborhood, the greater the likelihood of success.

Uses that are in harmony with the surroundings are thought to be in the public interest. An example, of something that would be

regarded as

not be in the public interest, would be the placement of a manufactured home into a neighborhood where new site built

homes were being developed. Something more in harmony would be an application asking for the placement of a recent model

manufactured home in an area where there was a mix of manufactured and site built homes. The most harmonious would be a

manufactured home in an area of all manufactured homes of about the same age.

* Business applicants would do something very similar to the above, but will need to prove their point with a bit more detail.

1404.03.02 The proposed use will comply with all applicable zoning district, development standards, and supplemental use

requirements.

* To begin, the finding is asking whether the requested use can be allowed in the zoning district. Consult Table 415 of the ordinance

to check for compatibility.

* Secondly, except for the need to ask for a conditional use permit, the finding asks if your project is in compliance with all the other

rules in the zoning ordinance. If you need to seek a variance because you cannot meet all requirements, explain what you will be

requesting in the variance application.

* Note should be made that during the meeting, the Planning Commission has the right to set “conditions” on your request. A

variance from the conditions set by the Planning Commission may not be granted.

* Bear in mind, the less complaint with the general requirements of the zoning ordinance, the less likely it is that you will be

successful.

1404.03.03 The proposed conditional use shall conform to the character of the neighborhood within the same zoning district in

which it is located. The proposal as submitted or modified shall have no more adverse effects on health, safety, or comfort of

persons living or working in the neighborhood, or shall be no more injurious to property or improvements in the neighborhood

that would any other use generally permitted in the same district. In making such a determination, consideration will be given

to: (The location, type, and height of buildings or structures; the type and extent of landscaping and screening on the site.)

* Show us that what you are doing will not pose a negative health and safety effect on your neighbor or the neighborhood.

* For single family residential applications, all the general building regulations, fire and health requirements from agencies like the

County Code Administration, Zoning Administration, and State Health Department must be addressed. The standards set by these

agencies are the guidelines for safe and sanitary occupation of a property. Explain what you will be doing to be in compliance with

these laws as well as any other state and local requirements that may apply.

* For business occupancies, a deficiency in design tends to cause a chronic nuisance situation that affects the public. For example,

too few parking spaces and poor access are common deficiencies that lead to congested streets and accident hazards. Beside the simple

building code and sewer/water requirements typical of the residential application, the business application should deal with all physical

and legal aspects of the site, e.g. parking, buffers, adequacy of right of way access, storm water issues, general drainage, special

licenses, etc.

* This is somewhat of a summary finding. The finding is asking a simple question in a complex way. The simple question is

whether what you intend to do is in harmony with the neighborhood. To provide an answer, you will have to address two things.

* The first are the physical characteristics of the property. You will have to describe the property in relation to the surrounding

properties. Answer questions like:

a) Is the property of similar size to the properties in the neighborhood?

b) Is the proposed coverage of buildings on the property similar to others in the neighborhood?

c) Are the setbacks similar to those in the neighborhood?

* The second portion is that which deals with the “character” of the neighborhood. Is the proposed use in “harmony” with the

surrounding properties? Does it belong? Tell us why it should be allowed to go there.

1404.03.04 The area and proposed district will be adequately served by essential public facilities and services such as highways,

streets, police, and fire protection, drainage sewers, and schools; or that the persons or agencies responsible for the

establishment of the proposed use shall be able to provide adequately any such services.

* Each zoning district allows a use either by right, with a conditional use permit or a special use permit. Those uses impact the

community differently. The applicant needs to address access, especially after lot splits, protection for emergency vehicles, schools

and attendants of the homes.

1404.03.05 The proposed use will not be detrimental to the economic welfare of the community.

* When incompatible uses are allowed to be placed in a neighborhood, the social and economic forces that drive healthy growth are

upset. An example of an improper placement would be an older model manufactured home in a residential neighborhood with mainly

site built homes. Property values, future desirable residential growth, and general quality of life can be adversely affected over time.

The question raised by the finding is whether the requested use will have a negative effect on the neighborhood.

* This is the item that is most frequently used by neighbors in opposing an application. Be very sure to adequately address this

finding.

* The easiest way to answer this finding is to explain what is around you and how the use you are trying to establish will not be

significantly different from already existing surrounding uses.

1404.03.06 The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operations,

including, but not limited to, hours of operation, that will be detrimental to any persons, property, or the general welfare by

reason of excessive production of traffic, noise, smoke, fumes, glare, odor, or other characteristic not compatible with the uses

permitted in the base zoning district.

* This is where more details are being requested other than the original application.

1404.03.07 Vehicular approaches to the property shall be designed as not to create interference with traffic on surrounding public

and/or private streets or roads.

* The applicant needs to address access, especially after lot splits, protection for emergency vehicles, schools and attendants of the

homes. Does it create a problem with traffic on public or private streets or roads.

1404.03.08 The proposed use will not be detrimental to property values in the immediate vicinity.

* When incompatible uses are allowed to be placed in a neighborhood, the social and economic forces that drive healthy growth are

upset. An example of an improper placement would be an older model manufactured home in a residential neighborhood with mainly

site built homes. Property values, future desirable residential growth, and general quality of life can be adversely affected over time.

The question raised by the finding is whether the requested use will have a negative effect on the neighborhood.

* This is the item that is most frequently used by neighbors in opposing an application. Be very sure to adequately address this

finding.

* The easiest way to answer this finding is to explain what is around you and how the use you are trying to establish will not be

significantly different from already existing surrounding uses.

Actual Text of the Zoning Ordinance

Section 1404 Conditional Uses

1404.01 The purpose of a Conditional Use provisions is to provide for certain uses which because of their unique characteristics,

cannot be classified properly in any particular district or districts without special consideration of the impact of those uses

upon the neighboring lands. The public interests associated with the particular location must be considered. Conditional

Uses are often essential and desirable for the general convenience and welfare because of their unique characteristics.

However, development of such uses requires the exercising of sound planning judgment. *0902HC060 - 03/09/09

1404.02 On application made before the Planning Commission, the Planning Commission shall have the authority to hear and

determine whether a Conditional Use should be granted to the applicant. A fee, as determined by the Board of Supervisors

and posted for public knowledge, shall be paid to Harrison County for each application to cover the costs of advertising

and administrative costs. The application shall contain or be accompanied by such legal descriptions, maps, plans and other

information as necessary to completely describe the proposed use. *0902HC060 - 03/09/09

1404.02.01 The Planning Commission shall schedule a public hearing to be held within sixty (60) days of the

application filing date, provided that a complete application is submitted. See Section 1404 Public

Hearings and Notification. *0902HC060 - 03/09/09

1404.02.02 No application shall be deemed filed until submission requirements are completed and found to be

acceptable by the Zoning Officer or his/her designee. The final determination of the Zoning Officer is

appealable to the Board of Supervisors, per Section 1409. *0902HC060 - 03/09/09

1404.03 The proposed use will be harmonious with and in accordance with the general objectives, or with any specific objective or

purpose of the Zoning Code or County Comprehensive Plan. *0902HC060 - 03/09/09

1404.03.01 The proposed use will be harmonious with and in accordance with the general objectives, or with any

specific objective or purpose of the Zoning Code or County Comprehensive Plan.

1404.03.02 The proposed use will comply with all applicable zoning district, development standards, and

supplemental use requirements. *0902HC060 - 03/09/09

1404.03.03 The proposed conditional use shall conform to the character of the neighborhood within the same zoning

district in which it is located. The proposal as submitted or modified shall have no more adverse effects on

health, safety, or comfort of persons living or working in the neighborhood, or shall be no more injurious

to property or improvements in the neighborhood that would any other use generally permitted in the same

district. In making such a determination, consideration will be given to: *0902HC060 - 03/09/09

a. The location, type, and height of buildings or structures; *0902HC060 - 03/09/09

b. The type and extent of landscaping and screening on the site; *0902HC060 - 03/09/09

1404.03.04 The area and proposed district will be adequately served by essential public facilities and services such as

highways, streets, police, and fire protection, drainage sewers, and schools; or that the persons or agencies

responsible for the establishment of the proposed use shall be able to provide adequately any such

services. *0902HC060 - 03/09/09

1404.03.05 The proposed use will not be detrimental to the economic welfare of the community. *0902HC060 -

03/09/09

1404.03.06 The proposed use will not involve uses, activities, processes, materials, equipment and conditions of

operations, including, but not limited to, hours of operation, that will be detrimental to any persons,

property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare,

odor, or other characteristic not compatible with the uses permitted in the base zoning district.

*0902HC060 - 03/09/09

1404.03.07 Vehicular approaches to the property shall be designed as not to create interference with traffic on

surrounding public and/or private streets or roads. *0902HC060 - 03/09/09

1404.03.08 The proposed use will not be detrimental to property values in the immediate vicinity. *0902HC060 -

03/09/09

1404.04 The applicant shall be bound to any conditions which shall be determined to be necessary by the Planning

Commission upon making a recommendation to secure the general objectives of this code. So as to not adversely

affect other properties in the neighborhood such additional conditions shall be established where applicable as

necessary to provide for but are not limited to address: *0902HC060 - 03/09/09

1404.04.01 Adequate ingress and egress to property and proposed structures thereon with particular reference to

vehicular and pedestrian safety and convenience, traffic flow and control and access in case of fire or

other disaster. *0902HC060 - 03/09/09

1404.04.02 Off-street parking with particular attention to 1404.04.01 above and to noise or glare effects of the

conditional use on adjoining properties generally in the district. *0902HC060 - 03/09/09

1404.04.03 Refuse and service areas, with particular reference to item 1404.04.01 and 1404.04.02 above.

*0902HC060 - 03/09/09

1404.04.04 Utilities with reference to their location, availability and compatibility with adjoining and nearby uses.

*0902HC060 - 03/09/09

1404.04.05 Screening, landscaping and buffering with reference to type, dimensions and character. *0902HC060 -

03/09/09

1404.04.06 Control of traffic, public safety, economic impact, and harmony with other properties in the district.

*0902HC060 - 03/09/09

1404.04.07 Required yards, setbacks and open spaces. *0902HC060 - 03/09/09

1404.04.08 Creation of restrictive covenants or easements. *0902HC060 - 03/09/09

1404.04.09 Provision of sustainable features, solar or other renewable energy source, rain water capture, storage and

treatment. *0902HC060 - 03/09/09

1404.04.10 The foregoing conditions shall not be subject to waivers or variances that could be granted under Article

XIV, Amendments and Changes. *0902HC060 - 03/09/09

1405.05 The Planning Commission shall be further empowered to review and/or rescind an existing conditional use whenever:

1405.05.01 An additional or alternate conditional use is being requested for the same property.

1405.05.02 A conditional use has not been activated within six (6) months of its approval or the applicant has not

applied for an extension of time.

1405.05.03 A Conditional Use Permit has been inactive or inoperative for more than six (6) months.

1405.05.04 A Conditional Use Permit may be revoked through a cease and desist order or conditions modified or

added on any one or more of the following grounds:

a. The applicant intentionally provides misleading information (the provision of information is

considered “intentional” where the applicant was aware of the inaccuracies or could have

discovered the inaccuracies with reasonable diligence). *0902HC060 - 03/09/09

b. The applicant fails to comply with any condition of the approval. *0902HC060 - 03/09/09

Conditional Use Permit

Supplemental Application

1. Introduction: (See questions, who, what, where and why?)

__________________________________________________________________________________________

**Information on Manufactured Home REQUIRED

– Please include 3 or more pictures of your home, front,

side & rear or if the home is on order, please include the marketing brochure. Tell us the size, shape and color

too.

*Year - _____________________________*Manufacturer- _________________*Windzone - _____________

*Single or Double Wide - ______________**Size - ______________________*Exterior Color - _________

(APPLICANT MUST ANSWER ALL QUESTIONS BELOW)

2. Required findings of the Planning Commission:

1404.03.01 The proposed use will be harmonious with and in accordance with the general objectives, or with any

specific objective or purpose of the Zoning Code or County Comprehensive Plan.

__________________________________________________________________________________________

1404.03.02 The proposed use will comply with all applicable zoning district, development standards, and

supplemental use requirements.

__________________________________________________________________________________________

1404.03.03 The proposed conditional use shall conform to the character of the neighborhood within the same zoning

district in which it is located. The proposal as submitted or modified shall have no more adverse effects on health,

safety, or comfort of persons living or working in the neighborhood, or shall be no more injurious to property or

improvements in the neighborhood that would any other use generally permitted in the same district. In making such

a determination, consideration will be given to: (The location, type, and height of buildings or structures; the type

and extent of landscaping and screening on the site.)

__________________________________________________________________________________________

1404.03.04 The area and proposed district will be adequately served by essential public facilities and services such

as highways, streets, police, and fire protection, drainage sewers, and schools; or that the persons or agencies

responsible for the establishment of the proposed use shall be able to provide adequately any such services.

__________________________________________________________________________________________

1404.03.05 The proposed use will not be detrimental to the economic welfare of the community.

__________________________________________________________________________________________

1404.03.06 The proposed use will not involve uses, activities, processes, materials, equipment and conditions of

operations, including, but not limited to, hours of operation, that will be detrimental to any persons, property, or the

general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, odor, or other characteristic

not compatible with the uses permitted in the base zoning district.

__________________________________________________________________________________________

1404.03.07 Vehicular approaches to the property shall be designed as not to create interference with traffic on

surrounding public and/or private streets or roads.

__________________________________________________________________________________________

1404.03.08 The proposed use will not be detrimental to property values in the immediate vicinity.

__________________________________________________________________________________________

BEFORE YOU TURN IN YOUR APPLICATION, PLEASE MAKE SURE THAT THE FOLLOWING

INFORMATION IS INCLUDED WITH YOUR APPLICATION

1. In your own words tell us why you are making this application?

(What do you want to do on your own or someone else’s property?)

____________________________________________________________________________________

2. Is the subject property the same size as tax parcel number and deed?

(The subject property is the land that you want to use and It’s called a Building Lot or Site. The County

does have minimum standards for lot sizes.)

YES NO

3. Have all the people named on the most recent deed given you permission by letter to make this

application? (Even married couples have to both sign the application or letter giving you permission

to make the application.)

YES NO

4. Does your Building Lot site plan show all improvements on the property?

(Improvements are any houses, manufactured homes, barns, sheds, pools, ponds… that are currently on

the Building Lot.)

• The Zoning Office will provide you with the basic site plan, if a survey isn’t available. Surveys

are preferred.

YES NO

5. Is the applicant the owner of the property?

(The applicant can be the user of the property, future owner of the property or an agent helping the

property owner with the application.)

YES NO

Introduction (Conditional Use Permit- Manufactured Home *****CUP EXAMPLE*****)

Mr. John, widower, wants permanent placement of a manufactured home for his granddaughter. Her intent is to aid both Mr. Campbell, a disabled

retiree, and his daughter who was involved in a motorcycle accident in 1999 by staying on the property and helping them in any way possible. This

relative aids in taking them to doctors appointments. Mr. Campbell proposes to create a lot to place this home by splitting the 3 acre property down

the middle as far back as needed to create a new lot. The site has been addressed due to the fact that when the accident first happen he and his

wife moved their daughter into the house and they stayed in a motor home.

1404.03.01 The proposed use will be harmonious with and in accordance with the general objectives, or with any specific objective or purpose

of the Zoning Code or County Comprehensive Plan.

Placing the home helps two residents of the county, Mr. John and his injured daughter to remain on family land and allows his granddaughter to help them

out. Mr. John’s granddaughter, once the home is placed, will be able to give 24 hour care to her family at a fraction of the cost of home health care.

Currently, the granddaughter and her family lives with Mr. John and his daughter in a 3 bedroom house.

1404.03.02 The proposed use will comply with all applicable zoning district, development standards, and supplemental use requirements.

That structure will meet all applicable setbacks and codes to insure that the public safety, welfare and health are protected. Health department is

waiting for this approval to allow new septic tanks and water wells to be put down. Mr. John has purchased a 1995 Horton Home in good condition

from a private owner.

1404.03.03 The proposed conditional use shall conform to the character of the neighborhood within the same zoning district in which it is

located. The proposal as submitted or modified shall have no more adverse effects on health, safety, or comfort of persons living or working in

the neighborhood, or shall be no more injurious to property or improvements in the neighborhood that would any other use generally permitted

in the same district. In making such a determination, consideration will be given to: (The location, type, and height of buildings or structures; the

type and extent of landscaping and screening on the site.)

Residential uses are among the least intrusive uses in the zoning ordinance. Mr. John plans to

add skirting and make minor changes to enhance both the home and the site.

1404.03.04 The area and proposed district will be adequately served by essential public facilities and services such as highways, streets,

police, and fire protection, drainage sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed

use shall be able to provide adequately any such services.

The sites meet the lot minimums and are on a county maintained road. Health department is waiting for this approval to grant septic tanks. Mr. John

has purchased a 1995 Horton Home in good condition from a private owner. The proposed site plan has been modified to meet the zoning

ordinance.

1404.03.05 The proposed use will not be detrimental to the economic welfare of the community.

This area is in flux, changing from rural to exurban. North of the request there are lots that are 1 acre and larger with the requested zoning district.

South of the request are large rural tracts. This housing product will have no problem with the rural portion.

1404.03.06 The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operations, including, but not

limited to, hours of operation, that will be detrimental to any persons, property, or the general welfare by reason of excessive production of

traffic, noise, smoke, fumes, glare, odor, or other characteristic not compatible with the uses permitted in the base zoning district.

My request will not cause any excessive traffic, noise or other characteristics not compatible with the neighbor. This is strictly residential use and places

my manufactured home on property.

1404.03.07 Vehicular approaches to the property shall be designed as not to create interference with traffic on surrounding public and/or

private streets or roads.

Since this is on a county maintained road and is for residential use only there will not be any additional traffic to my property.

1404.03.08 The proposed use will not be detrimental to property values in the immediate vicinity.

The surrounding properties are already zoned residential and there is a mixture of manufactured homes and wood built homes in the area that will

not be detrimental to the property values within the area.