Southaven Code of Ordinances § 12-1 Short title.
Sec. 12-1. - Short title.
This title shall be known, referred to and cited as the land subdivision ordinance of the city.
(Ord. No. 29, art. I, 4-5-83)
IN GENERAL
Southaven Code of Ordinances tit. XII, ch. 1
in effectSouthaven Code of Ordinances § 12-2 Purpose.
Sec. 12-2. - Purpose.
The purpose of this title is to provide for the coordination of streets within subdivisions with other existing or planned streets or with other features or lots or tracts; for requirements of the preliminary and final plats; for minimum standards of physical improvements in new subdivisions; for adequate open spaces for traffic, utilities, firefighting apparatus, recreation, light and air; and for distribution of population and traffic; all of which are to improve the health, safety and general welfare of the community.
(Ord. No. 29, art. I, 4-5-83)
Southaven Code of Ordinances § 12-3 Definitions.
Sec. 12-3. - Definitions.
For the purposes of this title, certain words and terms are herewith defined. Words used in the present tense include the future, the singular includes the plural and the plural includes the singular, the word "shall" is mandatory and not directory.
Alley means a street providing a secondary means of access to a property abutting it.
Bond means a guarantee which secures installation of improvements in the event a subdivider defaults on required subdivision improvements. An acceptable bond shall include a surety bond from a company licensed to do business in the State of Mississippi, cashier's check, assignment of certificates of deposit or irrevocable letters of credit from a bank located in Southaven.
Building line means a line on a plat between which line and a street no building or structure may be erected.
Comprehensive plan means the comprehensive plan made and adopted by the governing authority indicating general locations recommended for the streets, parks, public buildings, land uses, zoning districts and other public improvements.
Easement means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
(1) Utility: An easement reserving space for utilities.
(2) Access: For purpose of this title, a private way which is permanently reserved as the principal means of vehicular access to abutting property, and the terms of use of which are of public record.
Engineer means the city engineer.
Governing authority means the board of aldermen.
Lot means any parcel of land having ten (10) acres or less, any parcel of land, regardless of size, not bordering a public road, and any parcel of land, regardless of size, which is zoned commercial or industrial.
Lot of record means a lot recorded in the office of the chancery clerk in compliance with the laws of Desoto County at the time of its recording.
Planning commission means the city planning commission.
Plat means a map or drawing showing the lot and street arrangement or other features or details of the area being subdivided and is further defined as follows:
(1) Sketch plat means a plat conforming to the requirements of chapter 2 hereof prior to filing a preliminary plat.
(2) Preliminary plat means a plat conforming to the requirements of chapter 2 hereof for preliminary approval.
(3) Final plat means a plat conforming to the requirements of chapter 2 for final approval and recording in the office of the chancery clerk.
Reverse frontage lots means lots which face on and are served by one (1) street and which back up to another street.
Right-of-way means the entire strip of land lying between property lines of a street or alley.
Street means a right-of-way for vehicular traffic which is accepted for the public use, and is maintained by the city, or state, whether designated as a street, highway, thoroughfare, arterial, road, avenue, boulevard, land, place, or however otherwise designated. Streets are further defined as follows:
(1) Urban arterial street means a street having the primary functions of accommodating relatively large volumes of vehicular traffic and serving to connect areas of principal traffic generation and designated as an arterial in the Southaven Transportation Plan.
(2) Collector street means a street having the primary function of collecting and distributing traffic between local streets or areas and the major street and highway network and designated as a collector street in the Southaven Transportation Plan.
(3) Local street means a local street having a primary function of providing service and access to abutting land and not designated for high volumes of traffic but having sufficient width to serve occasional parking and traffic flow.
(4) Cul-de-sac: A permanent dead-end street or court culminated by a turnaround and not intended to be extended in the future.
Subdivider means any person, individual, firm, partnership, association, corporation, trust, or any other group or combination acting as a unit who undertakes the subdivision of land as defined herein.
Subdivision means the division of a tract or parcel of land into two (2) or more parcels or lots, any of which has an area of ten (10) acres or less, or into tracts or parcels of any size where one (1) or more of the parcels or lots does not border on a public road or is zoned commercial or industrial. However, the division of land into lots or parcels of more than ten (10) acres each so that all parcels border on a public road and which are not zoned C or M does not require approval by the governing authority. The term "subdivision" is further defined as follows:
(1) Major subdivision means:
a. All subdivisions of land zoned A-R, residential, commercial or industrial.
b. All subdivisions of land zoned agricultural containing four (4) or more lots created from the original parcel as it existed August 6, 1958.
c. If construction of a new street is involved, any division of a parcel of land is considered a major subdivision.
(2) Minor subdivision means a subdivision located on agriculturally zoned property not involving the creation of a street and where not more than three (3) lots have been created from the original parcel as it existed on August 6, 1958, and where all lots either:
a. Have frontage on an existing public street sufficient for vehicular access; or
b. Have frontage on a private street providing clearly legal and physically adequate access to a public street.
(Ord. No. 29, art. II, 4-5-83; Ord. of 12-8-95(2), § VI)
Southaven Code of Ordinances § 12-4 Plat approval required.
Sec. 12-4. - Plat approval required.
It shall be unlawful for any person being the owner, agent or person having control of any land within the incorporated areas of the city to subdivide or lay out such land in lots unless by a plat in accordance with the regulations contained herein. No lots shall be sold nor any plat recorded until the plat has been approved as herein provided.
(Ord. No. 29, art. III(1), 4-5-83)
Southaven Code of Ordinances § 12-5 Annexed areas.
Sec. 12-5. - Annexed areas.
Any area hereafter annexed to the city immediately upon annexation shall no longer be subject to the Desoto County subdivision regulations, but shall conform to the subdivision regulations adopted by the city.
(Ord. No. 29, art. III(2), 4-5-83)
Southaven Code of Ordinances § 12-6 Variances.
Sec. 12-6. - Variances.
Whenever the tract to be subdivided is of such unusual size or shape, or in the interest of the preservation of existing trees and other natural beauty, or is surrounded by such development or unusual conditions that the strict application of the requirements contained in this title would result in real difficulties or substantial hardship or injustice, the governing authority, after report by the planning commission, may vary or modify such requirements so that the subdivider may develop his property in a reasonable manner, but so that at the same time the public welfare and interests of the city are protected and the general intent and spirit of this title are preserved.
(Ord. No. 29, art. VIII(1), 4-5-83)
Southaven Code of Ordinances § 12-7 Recommendations from neighboring municipalities.
Sec. 12-7. - Recommendations from neighboring municipalities.
If a major subdivision lies within one (1) mile of a municipality, the application shall be referred to the governing authority thereof for a recommendation prior to final approval.
(Ord. No. 29, art. VIII(2), 4-5-83)
Southaven Code of Ordinances § 12-8 Amendments.
Sec. 12-8. - Amendments.
Any regulations or provisions of this title may be changed and amended from time to time by the governing authority in accordance with applicable state statutes.
(Ord. No. 29, art. X, 4-5-83)
Southaven Code of Ordinances § 12-9 Compliance.
Sec. 12-9. - Compliance.
It shall be illegal to sell, or offer to sell, any lot, tract or property which does not conform to the requirements and regulations of this title. In the case of any violation of this title, the governing authority, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful acts.
(Ord. No. 29, art. XI, 4-5-83)
Southaven Code of Ordinances § 12-10 Penalty.
Sec. 12-10. - Penalty.
Any person, firm or corporation who shall knowingly and willfully violate the terms, conditions or provisions of this title, for violation of which no other criminal penalty is prescribed, shall be guilty of misdemeanor and upon conviction shall be sentenced to pay a fine not to exceed five hundred dollars ($500.00), and in case of continuing violations without reasonable effort on the part of the defendant to correct the same, each day the violation continues thereafter shall be a separate offense.
(Ord. No. 29, art. XI, 4-5-83)
Southaven Code of Ordinances § 12-11 Conflicts.
Sec. 12-11. - Conflicts.
The regulations in this title are not intended to interfere with or annul any other ordinance, rule or regulation, statute or other provision of law. Where any provision of this title imposes restriction different from those imposed by any other provision of this title or any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive shall control.
(Ord. No. 29, art. XII, 4-5-83)
Source: City of Southaven, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/southaven/codes/code_of_ordinances?nodeId=CO_TITXIISURE_CH1INGEFetched: 11/1/2026