Open Space Set-Aside Standards
Biloxi Land Development Ordinance § 23-6-6(C)
in effect(C) - Open Space Set-Aside Standards
(1) Amounts of Open Space Set Aside Required
A development shall set aside the minimum amounts of open space set-aside identified in Table 23-6-6(C)(1), Required Open Space Set-Aside, based on the development's base zoning district and use classification:
TABLE 23-6-6(C)(1): REQUIRED OPEN SPACE SET-ASIDE co;normal;normal
USE CLASSIFICATION 1 co;normal;normal | MINIMUM OPEN SPACE SET-ASIDE AREA (AS PERCENTAGE OF DEVELOPMENT SITE AREA) co;normal;normal
RS-5, DT, WF co;normal;normal | ALL OTHER DISTRICTS co;normal;normal
Residential Uses | 10% | 20%
Public and Institutional, Commercial, and Water-Oriented Uses, and Mixed-Use Development | 5% | 10%
Industrial Uses | 5% | 5%
NOTES: 1. See use tables in Sections 23-4-1(B) and 23-4-1(C).
(2) Areas Counted as Open Space Set-Aside
The features and areas identified in Table 23-6-6(C)(2): Open Space Set-Aside Features, shall be credited towards the open space set-aside standards for the purposes of complying with this section.
TABLE 23-6-6(C)(2): OPEN SPACE SET-ASIDE FEATURES co;normal;normal
AREA COUNTED AS COMMON OPEN SPACE SET-ASIDES co;normal;normal | DESCRIPTION co;normal;normal | DESIGN AND MAINTENANCE REQUIREMENTS co;normal;normal
Natural Features [image omitted; see the official code] | Natural water features (including lakes, ponds, rivers, streams, rivers, wetlands, drainageways, and other riparian areas), flood hazard areas, and wildlife habitat areas | Preservation of natural features shall have highest priority for locating open space set-asides, except in the DT District. Maintenance is limited to the minimum removal and avoidance of hazards, nusiances, or unhealthy conditions.
Active Recreational Areas [image omitted; see the official code] | Land occupied by active recreational uses such as pools, playgrounds, tennis courts, jogging trails, ball fields, and clubhouses used primarily for recreational purposes | Active recreational areas may occupy up to 100 percent of the open space set-aside (if no natural features exist on the site). Except in the DT District, active recreational area shall occupy no less than 40 percent of the total open space set-aside area within a residential or mixed-use development. Land shall be compact and contiguous unless used to link or continue an existing or planned open space resource. Areas shall abut at least one street, if reasonably practical.
Formal Plantings and Gardens [image omitted; see the official code] | Formally planned and regularly maintained open areas that provide passive recreation opportunities, including arranged plantings, gardens, gazebos, and similar structures | Formal plantings and gardens shall have at least one direct access street, and be oriented to surrounding development. Roof gardens are also acceptable.
Squares, Forecourts, Plazas, and Parks [image omitted; see the official code] | Squares, forecourts, plazas, and parks that provide active and passive recreational opportunities and help create special places | Where provided, such features shall be at least 200 square feet, but no more than one acre, in area. Such features shall have at least one direct access street. Surrounding buildings shall be oriented toward the square, forecourt, plaza, or park when possible and a connection shall be made to surrounding development. Such features are encouraged in the DT District.
Required Landscape Areas [image omitted; see the official code] | All areas occupied by required site landscaping, perimeter buffers, screening tree protection areas, and riparian buffers, except landscaped area within parking lots | See landscaping standards (Section 23-6-3), tree protection standards (Section 23-6-4), and riparian buffer standards (Section 23-6-5(B)).
Stormwater Management; Devices [image omitted; see the official code] | Up to 75 percent of the land area occupied by stormwater management devices (including retention and detention ponds and other bioretention devices), when such features are treated as an open space site amenity | To qualify as open space set-aside, stormwater management devices shall be configured as a site amenity (See Section 23-6-3(H)(2)b., Credit towards Open Space Set-Asides.).
Public Access Easements [image omitted; see the official code] | Public access easements (which often combine utility easements with paths or trails) that are available for passive recreational activities such as walking, running, and biking. | Public access easements used as open space set-aside shall include at least one improved access from a public sidewalk, street, trail, or easement that includes signage designating the access point.
(3) Not Counted as Open Space Set-Asides
The following areas shall not be counted as open space set-aside:
a. Private yards not subject to an open space or conservation easement;
b. Public street rights-of-way or private street easements, including sidewalks located within those rights-of-way or easements;
c. Open parking areas and driveways for dwellings;
d. Land covered by structures not designated for active recreational uses; and
e. Designated outdoor storage areas.
(4) Design Standards for Open Space Set-Asides
Land used as an open space set-aside shall meet the following design standards:
a. Location
Where relevant and appropriate, the land shall be located so as to be readily accessible and useable by residents and users of the development. To the maximum extent practicable, a portion of the open space set-aside should provide focal points for the development.
b. Configuration
1. The land shall be compact and contiguous unless it is used for continuation of an existing trail, or if specific natural or topographic features require a different configuration.
2. The land shall, to the maximum extent practicable, be located to adjoin, extend, and enlarge any open areas, trails, parks, or other open space resources that exist or are planned adjacent to the development. (See Figure 23-6-6(C)(4)b., Open Space Set-Aside Connections.)
[image omitted; see the official code]
Figure 23-6-6(C)(4)b: Open Space Set-Aside Connections
c. Orientation of Adjacent Buildings
Buildings adjacent to required open space set-asides shall have at least one entrance facing the open space set-aside.
d. Provision in Multi-Phase Developments
In multi-phase developments, open space set-asides shall be apportioned among the phases such that the total amount of open space set aside in a phase and any previously approved phases meets the open space set-aside standard as applied to the total area of the phase and any previously approved phases.
e. Prioritization of Open Space Set-Aside
Except in the Downtown (DT) District, and to the maximum extent possible, open space set-asides shall be located and organized to include, protect, or enhance as many of the following open areas and features as possible, and in the following priority:
1. Natural features such as natural water features (including lakes, ponds, rivers, streams, rivers, wetlands, drainageways, and other riparian areas), flood hazard areas, wildlife habitat areas, geologic hazard areas, expansive soils, or areas particularly susceptible to sink holes or faulting;
2. Riparian buffers;
3. Lands intended for preservation as open space on adopted city plans, or lands that may extend or enhance existing park or open space features;
4. Stormwater management facilities, including retention and detention ponds and other bioretention devices, where configured as an open space site amenity;
5. Landscaped buffers or visual transitions between different types or intensities of uses;
6. Areas that accommodate multiple compatible open space uses rather than a single use.
(5) Use of Open Space Set-Asides
Open space set-aside areas shall not be disturbed, developed, or improved with any structures except for the following limited purposes:
a. Active Recreation Uses
Facilities for active recreation purposes—including, but not limited to: benches or other seating areas; pedestrian-scaled lighting; gazebos or other decorative structures; fountains or other water features; play structures for children; gardens or seasonal planting areas; pools; athletic fields; courts; and clubhouses used primarily for recreational purposes (equipment or structures for such uses shall be indicated on the PD Master Plan (Section 23-2-4(C)), Subdivision Plat (Section 23-2-4(F)), or Site Plan (Section 23-2-4(E)).
b. Passive Recreational Uses
Facilities for passive recreational, environmental education, wildlife habitat protection, and natural area preservation purposes—including, but not limited to: walking, jogging, and biking paths or trails; benches or other seating areas; tables, shelters, grills, and other picnicking facilities; docks and other facilities for fishing; and environmental guides and exhibits.
(6) Ownership of Open Space Set-Asides
a. Method of Ownership
1. Open space set-aside areas shall be maintained as permanent open space through one or more of the following options:
A. Conveyance of the land to a property owners or homeowners association that holds the land in common ownership and will be responsible for managing and maintaining it for its intended open space purposes; or
B. Conveyance of the land to a third party beneficiary, such as a nonprofit environmental or civic organization, that is organized for, capable of, and willing to accept responsibility for managing and maintaining the land for its intended open space purposes; or
C. Dedication of the land to the city or other appropriate public agency that is organized for, capable of, and willing to accept responsibility for managing and maintaining the land for its intended open space purposes.
2. If an open space set-aside is to be conveyed to a property owners or homeowners association, the association shall be established in accordance with the following:
A. The landowner shall submit documents for the creation of the property owners or homeowners association to the Director of Community Development for review and approval. The documents shall include the association's bylaws, a legal description of open space set-aside areas, and all documents governing ownership, maintenance, and use restrictions for the open space set-aside.
B. Documents for the creation of the association shall provide that membership in the association is automatic (mandatory) for all purchasers of land, dwelling units, or structures in the development, and their successors in title, and that the association shall have clear legal authority to compel contributions from members to cover their proportionate share of the costs associated with the maintenance of common areas and facilities.
C. The landowner shall agree that the association shall be established (with all required documents for its creation properly recorded with the Office of the Chancery Clerk of Harrison County), and operating (with financial subsidization by the landowner or applicant, if necessary) before approval of the first Building Permit for the development.
3. If the open space set-aside is to be conveyed to a third party beneficiary such as a non-profit civic organization, then the conveyance shall include deed restrictions that:
A. Govern the use, management, and maintenance of the open space set-asides, consistent with the standards in this section;
B. Run with the land in perpetuity; and
C. Include any other provisions the City Attorney deems necessary and appropriate to fulfill the requirements of this section.
4. All methods utilizing private ownership shall include deed restrictions, covenants, or other legal instruments that ensure continued use of the land and facilities for their intended open space uses and provide for the continued and effective management, operation, and maintenance of the land and facilities.
(7) Maintenance of Open Space Set-Asides
a. Maintenance of open space set-aside areas shall be the responsibility of the owner(s) of the land making up the areas. Failure to maintain open space set-aside areas or other community facilities in accordance with the approved Planned Development (Section 23-2-4(C)), Major Site Plan (Section 23-2-4(E)), or Preliminary Plat (Section 23-2-4(F)) shall be a violation of this Ordinance subject to the remedies and penalties in Article 23-9: Enforcement.
b. If the owner of an open space set-aside area fails to maintain it in reasonable condition, and in accordance with approved plans, and fails to correct deficiencies cited by the city in accordance with notice of violation and administrative hearing procedures in Section 23-9-5(D), Enforcement Procedure, the city shall have the authority to correct the deficiencies. The cost of the correction shall be assessed jointly and severally against the properties within the development that have a right of enjoyment of the common open space set-aside areas. The entire cost of correction shall be a lien on each of the properties from the date the lien is filed in the Office of the Chancery Clerk of Harrison County.
Source: City of Biloxi, Mississippi, Code of Ordinances and Land Development Ordinance (Municode Library, library.municode.com)URL: https://library.municode.com/ms/biloxi/codes/land_development_ordinance?nodeId=ART23-6DEST_6OPSPSID_COPSPSIDSTFetched: 11/2/2026