NONCONFORMITIES
Ridgeland Zoning Ordinance § 40
in effectNONCONFORMITIES
NONCONFORMITIES
SECTION
40
40.01 INTRODUCTION AND PURPOSE. It is the intent of this ordinance to require
the discontinuance or removal of Nonconformities within specified time periods
unless the city has determined to allow the nonconformity to continue only under
limited circumstances in accordance with this section.
To avoid undue hardship, nothing in this Ordinance shall be deemed to require a
change of plans, construction, or designated use of any building for which a Building
Permit has been issued and is still active and currently open prior to February 4, 2014
and for which actual construction has been initiated within six (6) months of the
effective date of this ordinance and has carried on diligently to completion thereafter.
“Actual construction” includes placing construction materials in permanent position
and fastened in a permanent manner, and includes excavation or demolition or
removal of existing Structures initiated preparatory to rebuilding, provided that
construction of a Structure begins promptly thereafter and is part of a continuous
construction process diligently pursued to completion.
40.02 TYPES OF NONCONFORMITIES. For purposes of orderly regulation, four
types of Nonconformities are recognized under this ordinance:
A.
Nonconforming Lot of Record: A Lot of Record lawfully existing on
February 4, 2014 the dimensions of which, subsequently do not meet the
area or width requirements, or both, of this ordinance.
B.
Nonconforming Structure: Any Structure lawfully existing on February 4,
2014 but which subsequently does not comply with the bulk, placement and
dimensional requirements of this ordinance.
C.
Nonconforming Use. The use of any land, lot, building, structure, or parts
thereof, which lawfully existed on February 4, 2014 but which subsequently
does not comply with all or some part of the use requirements of this
ordinance.
D.
Nonconforming Occupancy. The presence or any structure, use, fixture,
modification, or improvement to raw land that does not comply with the
requirements of this or other municipal ordinances such as the size and
configuration of parking and loading spaces, landscaping, signage, property
maintenance, fire protection requirements, and the like.
E.
Nonconforming Apartment Complex. Any land, lot, building, structure,
or parts thereof with an Apartment Complex use as regulated by this
Ordinance, lawfully existed on February 4, 2014, and was built prior to
October 1, 2016 but which does not meet density, area, bulk, placement,
dimensional, size, configuration, parking, loading, landscaping, signage,
property maintenance, fire protection, or other regulations as required in the
Official Zoning Ordinance of the City of Ridgeland.
40.03 ADMINISTRATIVE CLASSES OF NONCONFORMITIES. For procedural
and enforcement purposes, Nonconformities of any type shall be assigned to one of
three administrative classes described in this subsection. Any Accessory Structure or
Use shall automatically be assigned the nonconformity class of the main building or
dominant use to which it pertains.
A.
Class A Nonconformities. Class A Nonconformities are those that do not
conform to the strict application of this ordinance, but which, if allowed to
continue, would not be contrary to the public health, safety or welfare of the
city, and that are not likely to significantly depress the value of nearby
properties. To minimize the burden of enforcing nonconformity regulations,
this ordinance provides for three sub-classes of Class A Nonconformities:
• Categorical Class A Nonconformities: nonconformities whose
characteristics can reasonably be identified on a collective basis and
whose impacts can be considered and determined to be acceptable
without the need for site-specific evaluation.
• Administrative Class A Nonconformities: these are similar to
Categorical Class A Nonconformities, but require site-specific evaluation
of minor potential impacts before they can be determined to be
acceptable nonconformities through a simple administrative process.
• Designated Class A Nonconformities: nonconformities where site-
specific characteristics and impacts need to be considered through a
public notice and hearing process.
B.
Categorical Class A Nonconformities: The following nonconformities
shall be deemed Class A without the need for any review or approval
process, unless changed under the reclassification procedure in Section 40.07.
1.
Nonconforming Lots of Record. In any district in which single-
family dwellings are permitted, Categorical Class A Nonconformity
status shall apply to single-family dwellings and customary accessory
buildings on any single nonconforming Lot of Record,
notwithstanding limitations imposed by other provisions of this
Ordinance. Such lots must be in separate ownership and not of
continuous frontage with other lots in the same ownership.
Categorical Class A Nonconformity status shall likewise apply to
single-family Lots of Record with continuous frontage in single
ownership prior to the enactment of this Ordinance and which
remain in the same ownership (or if the lots are conveyed by
inheritance or as a gift among family members) following enactment
of this Ordinance. Such lots shall continue to be considered divided
parcels; and the owner of such lots may erect single-family dwellings
on each lot in districts where single-family dwellings are permitted.
However, further division of such nonconforming lots of record shall
be prohibited, and the nonconforming status shall be lost if such lots
change ownership except by inheritance or gift between or among
family members.
These foregoing provisions shall apply even though such single lot of
record fails to meet the requirements for area or width that are
generally applicable in the district, provided that the required front,
rear, and side yard dimensions and other requirements of the
proposed single-family residential use conform to the regulations in
the district in which such single nonconforming lot of record is
located.
If a nonconforming Lot of Record is too narrow or too small to
build a house and yet provide the required yards specified for a
particular district, a Variance under Section 600.08 of this Ordinance
is required.
Categorical Class A Nonconformity status shall not apply to adjacent
Lots of Record with continuous frontage that come into single
ownership after the time of enactment of this Ordinance. Such lots
shall be considered together as a single undivided parcel for the
purposes of this Ordinance; and no portion of the combined parcel
shall be used in a manner which diminishes compliance with the
dimensional and yard requirements of this Ordinance, nor shall any
division of any parcel be made that does not comply with this
Ordinance.
2.
Existing Class A Nonconformities. Unless changed by the
procedures set forth herein, any Class A Nonconformity existing
prior to February 6, 2001 under the zoning ordinance then in effect
shall have a Categorical Class A Nonconformity status.
3.
Existing Nonconforming Restricted Uses. The registration
deadline for existing nonconforming Restricted Uses shall be
extended to February 4, 2026, and the Class C conformity deadline
for nonconforming Restricted Uses shall be extended to August 4,
2026. Failure to maintain a current Privilege License, operate in a
legal manner, maintain all required permits, and maintain the facility
in the manner and means required by the Property Maintenance
Code of the City of Ridgeland shall result in immediate termination
of the use. If the use/business closes or does not operate for any
reason for a period of 30 days or longer, the use shall be terminated
immediately. Existing nonconforming Restricted Uses shall also be
subject to Section 40.09 Rules for Class B Nonconformities.
4.
Nonconforming Apartment Complexes as defined in 40.02.E.
C.
Administrative Class A Nonconformities. The Director of Community
Development may grant Administrative Class A Nonconformity status for
lots or structures under the same conditions and using the same procedures
established for Variances that may be granted under Section 600.08.D,
“Variances Granted by Director of Community Development or His
Designee.”
D.
Designated Class A Nonconformities. Class A Nonconformities may be
designated by the Mayor and Board of Aldermen, after application by any
interested person or the Director of Community Development or his
designee, upon findings that continuance thereof would not be contrary to
the public health, safety or welfare, or the spirit of this Ordinance, that the
use or structure does not and is not likely to significantly depress the value of
nearby properties, that the use or structure was lawful at the time of its
inception and that no useful purpose would be served by strict application of
the provisions or requirements of this Ordinance with which the use or
structure does not conform.
40.04 CLASS A DESIGNATION PROCEDURE; CONDITIONS: A written
application shall be filed with the Director of Community Development or his
designee setting forth the name and address of the applicant, giving a legal
description of the property to which the application pertains and including such
other information as may be necessary to enable the Mayor and Board of Aldermen
to make a determination of the matter. The Mayor and Board of Aldermen may
require the furnishing of such additional information as it considers necessary. The
notice and hearing procedure before the Mayor and Board of Aldermen shall be the
same as in the case of an application for a variance. The decision shall be in writing
and shall set forth the findings and reasons on which it is based. Conditions shall be
attached, including any time limit, where necessary, to assure that the use or structure
does not become contrary to the public health, safety or welfare or the spirit and
purpose of this Ordinance.
In considering an application for Designated Class A Nonconformity status or an
application to revoke a previously assigned Class A status, the Mayor and Board of
Aldermen may determine that the nonconformity should be assigned a Class B
Nonconformity status and assigned an appropriate amortization period. Assignment
to a Class B status shall be made if the Mayor and Board of Aldermen determines
that the impacts of the nonconformity are more detrimental than those allowed for
Class A Nonconformities, but that relegating the nonconformity to a Class C status
would deprive the owner or occupants of the property of any reasonable use of the
property, would violate the law, or would deprive the owner or occupants of a
constitutionally protected right.
40.05 CLASS B NONCONFORMITIES. Any registered nonconformity not classified
as Class A shall be classified as a Class B Nonconformity, and shall be subject to the
amortization provisions of Section 40.12.
40.06 CLASS C NONCONFORMITIES. Any nonconformity that is not a Class A or
Class B Nonconformity shall be deemed to be a Class C Nonconformity. This
provision is self-effectuating without further action by the city.
40.07 CLASS A REVOCATION OR RECLASSIFICATION PROCEDURE. Any
Class A status may be revoked following the same procedure required for
designation, upon a finding that as a result of any change of conditions or
circumstances the use or structure no longer qualifies for Class A designation. Any
interested party may petition the city to revoke a Class A status by filing a request
with the Director of Community Development or his designee. Such a request shall
be processed through the public notice, hearing, decision-making, and appeal
procedures in the same manner as an application for a Class A designation. Before
revoking a Class A status, the Mayor and Board of Aldermen shall adopt written
findings describing its reasons for revocation.
40.08 RULES FOR CLASS A NONCONFORMITIES.
A.
No Class A Nonconforming Use or Nonconforming Apartment Complex
shall be resumed if it has been discontinued for a continuous period of at
least 6 months or if it has been changed to a Conforming Use or conforming
Apartment Complex for any period. No Nonconforming Use or
Nonconforming Apartment Complex shall be changed to a different
Nonconforming Use or enlarged so as to make use of more land area than
used at the time of becoming nonconforming. No Class A Nonconformity
which has been discontinued for a continuous period of at least 6 months
shall be allowed to resume its use until the structure conforms to all of the
City of Ridgeland’s Ordinances.
B.
No Class A Nonconforming Structure or Nonconforming Apartment
Complex shall be reconstructed if damaged by fire or other casualty to the
extent that the cost of reconstruction or repair exceeds 50 percent of the
assessed valuation of such structure or building in a complex. Provided,
however, in such an event, the Nonconforming Apartment Complex shall be
allowed to reconstruct or repair so long as it is in full compliance with the
regulations of this Ordinance, including but not limited to density, area, bulk,
placement, dimensional, size, configuration, parking, loading, landscaping,
signage, property maintenance, and fire protection and the adopted Building
Code, the Property Maintenance Code, and other related Ordinances.
C.
No Class A Nonconforming Structure, Nonconforming Use, or
Nonconforming Apartment Complex shall be used, altered, or enlarged in a
way which increases its nonconformity.
40.09 RULES FOR CLASS B NONCONFORMITIES.
Class B Nonconformities shall be subject to all of the rules as Class A
Nonconformities (set out in Section 40.08), and in addition to those rules, shall be
subject to the following:
No Change or Enlargement. No Class B nonconforming use shall be changed to
a substantially different nonconforming use, nor enlarged so as to make use of more
land area than used at the time of becoming nonconforming.
Repairs and Maintenance. On any nonconforming structure and/or a structure
containing a nonconforming use, work may be done in any period of 12 consecutive
months on ordinary repairs, or on wiring, or plumbing, to an extent not exceeding
10 percent of the current assessed value of the nonconforming structure and/or
such structure containing a nonconforming use, provided that the cubic content
existing when it became nonconforming shall not be increased.
Unsafe Conditions. If a nonconforming structure and/or a structure containing a
nonconforming use having a Class B designation becomes physically unsafe or
unlawful due to lack of repairs and maintenance, and is declared by any duly
authorized official to be unsafe or unlawful by reason of physical condition, it shall
not thereafter be restored, repaired, or rebuilt except in conformity with the
regulations of the district in which it is located. This provision is intended to
reinforce the currently adopted Building Code and Property Maintenance Code of
the City of Ridgeland.
40.10 RULES FOR CLASS C NONFONFORMITIES. Within one year of February
4, 2014, all Class C Nonconforming Uses shall cease operation and be brought into
compliance with this ordinance or removed. Further, any structure previously
occupied or utilized as a Nonconforming Use in whole or in part shall either be
converted to a conforming use, or shall be demolished. All Class C Nonconforming
Structures and Occupancies shall cease any condition, operation, or occupancy that
makes it a nonconformity within one year from the Notice issued by the City of
Ridgeland during which time the Applicant may seek a Class A or B Designation or
other remedies that may be available subject to the requirements thereof.
40.11 REGISTRATION OF NONCONFORMITIES. Except for Categorical Class A
Nonconformities, all nonconformities, regardless of type, shall register by
completing and submitting an original and one (1) copy of the “Application Packet
For Registration of Nonconforming Use or Structures” to the Community
Development Department of the City of Ridgeland, MS. If the Application Packet is
mailed to the City, then there must be included one original and one copy, together
with a self-addressed stamped envelope addressed to the Owner. The registrant shall
provide such supporting information as the city may reasonably require as part of
that registration.
The Community Development Department shall date and sign the original and the
copy, which shall be conclusive proof that the Application Packet was accepted for
filing and the use or structure registered in accordance with the requirements of this
Ordinance.
Registration shall be effective upon filing the specified form with the Community
Development Department, which shall not refuse to accept a proffered form on the
basis that it is incomplete as long as the form identifies the owner of the property
upon which the nonconformity is located and the property itself with sufficient
particularity to determine the location and boundaries of the specific parcel(s)
involved.
A separate form shall be submitted for each lot of record, provided that where
adjacent lots of record form a contiguous parcel for which a common registration is
sought for a logically common development, a single form may be submitted.
The Community Development Department shall examine each registration for
completeness, and shall notify the registrant either that the registration is complete,
or that additional information is required to process the registration. Where
additional information is required, the Community Development Department shall
identify with particularity what information is required. The registrant shall have 60
days from the notice to supply the additional information.
The registration shall state which nonconformity class status the registrant is seeking,
and the registration shall serve as an application for a determination of such status.
The Community Development Department shall evaluate all completed registrations,
and shall advise the registrant of its determination that the nonconformity will be
treated as one of the following:
• Categorical Class A Nonconformity
• Administrative Class A Nonconformity
• Class B Nonconformity
• Class C Nonconformity
Any person (whether the registrant or a non-registrant interested party) may contest
the determination of the Community Development Department, and such contest
shall be considered under the same procedures established for considering
Designated Class A Nonconformities.
Any Nonconforming Use required to register under this ordinance that fails to do so
within six (6) months of becoming a nonconformity shall be deemed to be a Class C
nonconformity, and thereafter shall not be entitled to any benefits of Class A or
Class B status unless expressly granted by the procedures established by this
ordinance. Any Nonconforming Structure or Occupancy required to register under
this ordinance that fails to do so within six (6) months of being given Notice from
the City of Ridgeland of the nonconforming status shall be deemed to be a Class C
nonconformity, and thereafter shall not be entitled to any benefits of Class A or
Class B status unless expressly granted by the procedures established by this
ordinance.
Nonconforming Apartment Complexes as defined in 40.02.E are not required to
register or re-register under this ordinance.
Failure or neglect of the Owner to identify or register uses or structures which are
non-conforming as defined in this Ordinance, or subsequent amendments thereto,
shall not exempt such use or structures from the applications of this Ordinance and
shall not toll or extend the time period for the termination of such use or structure.
40.12 AMORTIZATION OF CLASS B NONCONFORMITIES.
A. All Class B Nonconformities shall cease or shall be brought into compliance with
this ordinance upon the expiration of the period of time required to amortize the
remaining economic life of such nonconformity calculated in accordance with
the formula set forth in this Section 40.12, unless modified on appeal under
Section 40.13. Further, any structure previously occupied or utilized as a
nonconforming Use in whole or in part shall either be converted to a
conforming use or demolished upon the expiration of the amortization period.
B. Definitions for Amortization Formula
The words, phrases and letters used in the Formula have the following meanings:
“B”
means the Base Unrecoverable Cost
“AV” means the Assessed Valuation according to the Tax Rolls of the Madison
County Tax Collector upon the effective date of this Ordinance
“F-”
(the capital letter “F” followed by the arithmetic minus sign “-“) means
the Factors that Decrease Unrecoverable Costs, which shall include at a
minimum the sum of the value of the raw land underlying the property
and depreciation of improvements on the subject property utilizing
straight-line depreciation.
“F+” (the capital letter “F” followed by the arithmetic plus sign “+“) means
the Factors that Increase Unrecoverable Costs, which shall include at a
minimum the sum of the following factors:
• The costs of Demolition and Restoration of the property; and
• Value of any Improvements made to the property after the date of
the last assessment for tax rolls and before the effective date of this
Ordinance.
“I” means Net Income after Expenses but before Income Taxes, averaged
over three years
“Y1”
means the Preliminary Amortization Period
“YAdj” means the Inflation Adjusted Amortization Amount
“Y2”
means the Final Amortization Period
C.
Statement of Amortization Formula
Step 1
Calculate Base Unrecoverable Cost (B)
B = AV – F- + F+
Step 2:
Determine Net Income (I)
I =Net Income after Expenses but before Income
Taxes
Step 3:
Calculate Preliminary Amortization Period (Y)
Y1 = B/I
Step 4:
Calculate Inflation Adjusted Amortization Amount (YAdj)
YAdj = B x (1 + (1.5% x Y1))
Step 5:
Divide Inflation Adjusted Amortization Amount by Net Income to
get Final Amortization Period
Y2 = YAdj/I
D. Example of Formula Applied to Values for Illustration:
Step 1:
Calculate Base Unrecoverable Cost: B = AV – F- + F+
In this example, for the Step 1 calculation of Base Unrecoverable
Value, assume the following values:
AV = $1,000,000
F- = $500,000
F+ = $100,000
Applying this to Step 1 of the Formula, Base Unrecoverable Value is
calculated as follows:
B = $1,000,000 – $500,000 + 100,000
B = $600,000
Base Unrecoverable Value = $600,000.
Step 2:
Determine Net Income:
I = Net Income After Expenses but Before Taxes
Net Income (I) can be determined by an analysis based upon
publicly-available data for similar business operations in the
geographic area, or by presentation by the Owner of audited
financials of the actual property in question.
In this example, for the Step 2 calculation of Annualized Income,
assume the following values:
Carry forward Base Unrecoverable Value from Step 1
Applying this to Step 2 of the Formula, Annualized Income is
calculated as follows:
I = $600,000 (10%)
I = $60,000
Step 3:
Calculate Preliminary Amortization Period: Y = B/I
In this example, for the Step 3 calculation of Preliminary
Amortization Period, use the values determined in Steps 1 and 2, as
follows:
Y1 = $600,000/$60,000
Y1 = 10 years
Step 4:
Calculate Inflation Adjusted Amortization Amount:
YAdj = B x (1 + (1.5% x Y1))
YAdj = $600,000 x (1 + (1.5% x 10))
YAdj = $690,000
Step 5:
Divide Inflation Adjusted Amortization by Income to get Final
Amortization
Y2 = $690,000/$60,000
Y2 = 11.5 years
40.13 APPEAL OF AMORTIZATION FORMULA.
Any owner or occupant aggrieved by the application of the amortization formula or
of the factors used in the formula’s calculation may appeal to the Mayor and Board
of Aldermen on the basis of any one or more of the following grounds:
• The formula fails to consider factors unique to specific use or property involved
such that the calculated remaining economic life unreasonably understates the
true remaining economic life of the nonconformity.
• The data used for calculating the formula are inaccurate as applied to the
nonconformity.
• Financial conditions unique to the specific use or property involved make it
unreasonable to apply the formula to the nonconformity.
The burden of proof and persuasion for the appeal shall be on the appealing owner
or occupant. In addition to showing the grounds described above, the appealing
owner or occupant must demonstrate the specific different or additional factors that
should be considered, the accurate date that should be used, or a different
amortization methodology to calculate the remaining economic life of the
nonconformity.
The procedure for appealing the amortization formula shall be the same as used for
considering a Variance, including the notice and hearing provisions.
40.14 EXISTING NONCONFORMITIES ARE NOT ENHANCED. A
nonconformity existing at the time of the enactment or amendment of this ordinance
shall not enjoy any greater right to continue its nonconforming status than it had
prior to the enactment or amendment. It is the intent of this ordinance for
preexisting nonconformities to be brought into compliance with the ordinance at
least as quickly and as completely as they would have in the absence of an
amendment.
40.15 RESERVED.
40.16 NONCONFORMING SIGNS. See Sign Ordinance of the City of Ridgeland
for regulations concerning nonconforming signs.
40.17 REGULATIONS CONCERNING NONCONFORMING ACCESSORY
USES AND/OR ACCESSORY STRUCTURES. The most restrictive regulation
of the following regulations shall apply to nonconforming accessory uses and/or
accessory structures:
A.
No nonconforming accessory use or accessory structure, or other structures
incidental to a nonconforming use in the district in which it is located shall
be enlarged, extended, constructed, reconstructed, moved or structurally
altered.
B.
No nonconforming accessory use or accessory structure shall continue after
the principal use or structure is terminated by discontinuance, damage, or
destruction unless, such accessory use or accessory structure thereafter is
made to conform to the standards for the zoning district in which it is
located.
C.
Any part of a nonconforming accessory use or accessory structure which is
destroyed by fire or other casualty to the extent that the cost of
reconstruction or repair exceeds 50% of the assessed value (per the Madison
County Tax Assessor) prior to the casualty of such structure shall not be
restored.
40.18 REPAIRS AND MAINTENANCE OF NONCONFORMING ACCESSORY
USES, ACCESSORY STRUCTURES, AND/OR OTHER STRUCTURES.
On any nonconforming accessory use, nonconforming accessory structure, or other
structures incidental to a nonconforming use work may be done in any period of 12
consecutive months on ordinary repairs, or on wiring, or plumbing, to an extent not
exceeding 10 percent of the assessed value (per the Madison County Tax Assessor)
of the nonconforming accessory use, nonconforming accessory structure, or other
structures incidental to a nonconforming use provided that the cubic content or
assessed value existing when it became nonconforming shall not be increased.
40.19 ACCELERATED REMOVAL OF NONCONFORMITIES. The city may, by
ordinance, designate specific nonconformities which, by their nature or location, are
so detrimental to the public health, safety or welfare of the city, or are so likely to
significantly depress the value of nearby properties, that their removal or
discontinuance should be accelerated earlier than otherwise provided in this
ordinance. Such nonconformities may be designated on a site-specific basis or by
specific characteristics applicable to multiple sites or uses. The accelerated removal
or discontinuance of such nonconformities shall be under the schedule and
conditions provided in the ordinance designating them.
40.20 SUBORDINATION OF NONCONFORMING USE REGULATIONS FOR
CONDITIONAL USES AND VARIANCES.
A.
Where a Use or Structure has been permitted as a Conditional Use or has
been granted a Variance, the provisions of the Conditional Use or Variance
shall control over the nonconforming use regulations in this ordinance to the
extent of any conflict between or among them.
B.
Where a Use lawfully existed as of February 4, 2014, and is allowed by
Conditional Use, but which lacks a Conditional Use Permit issued by the
Mayor and Board of Aldermen, such shall not be deemed a nonconforming
use, but rather shall be considered to exist as a permitted use.
C.
Government agency property acquisitions. If a structure or occupancy does
not comply with the requirements of this Ordinance solely as a result of an
acquisition of land by a government agency for a public purpose, then such
structure or occupancy on land not acquired by the government shall be
deemed conforming.
40.21 NO VESTED RIGHT IN NONCONFORMING STATUS. Nothing in this
ordinance shall be construed to grant any owner or occupant a vested right to a
nonconforming status, regardless of the type or class assigned to the nonconformity.
The benefits granted to a nonconformity in this ordinance shall be construed as
exceptions to the general provisions of the ordinance. Such exceptions are made as a
reasonable accommodation to property owners and occupants to avoid unnecessary
adverse impacts on them without significantly diminishing the long term public
benefit of the full enforcement of this ordinance. Such exceptions are made with the
expectation that the property, structure, use, or occupancy involved will be ultimately
brought into compliance with the general provisions of this ordinance.
Source: Official City of Ridgeland published zoning PDFURL: https://www.ridgelandms.org/wp-content/uploads/2026/05/Official-Zoning-Ordinance-Codified-2026_0507-2.pdf#page=60Fetched: 11/14/2026