GENERAL PROVISIONS

Southaven Code of Ordinances tit. VI, ch. 3

in effect

Southaven Code of Ordinances § 6-10 Lands to which this title applies.

Sec. 6-10. - Lands to which this title applies. This title shall apply to all areas within the jurisdiction of the City of Southaven, Mississippi. (Ord. of 3-4-03; Res. of 4-15-14(1), eff. 5-5-14)

Southaven Code of Ordinances § 6-11 Basis for establishing the areas of special flood hazard.

Sec. 6-11. - Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in the Flood Insurance Study for DeSoto County and Incorporated Areas, dated May 5, 2014, with the accompanying Flood Insurance Rate Maps (FIRM) panels numbers 55H, 56G, 57G, 59G, 70H, 76G, 77G, 78H, 79H, 81H, 83H, 90H, 91H, and 93H and other supporting data, are adopted by reference and declared to be a part of this title. The flood insurance study and maps are on file at the city engineer's office. (Ord. of 3-4-03; Res. of 4-15-14(1), eff. 5-5-14)

Southaven Code of Ordinances § 6-12 Establishment of floodplain development permit.

Sec. 6-12. - Establishment of floodplain development permit. A development permit shall be required in conformance with the provision of this title prior to the commencement of any development activities in identified special flood hazard areas and community flood hazard areas. (Ord. of 3-4-03; Res. of 4-15-14(1), eff. 5-5-14)

Southaven Code of Ordinances § 6-13 Compliance.

Sec. 6-13. - Compliance. No structure or land shall hereafter be located, extended, converted or structurally altered without full compliance with the terms of this title and other applicable regulations. (Ord. of 3-4-03; Res. of 4-15-14(1), eff. 5-5-14)

Southaven Code of Ordinances § 6-14 Abrogation and greater restrictions.

Sec. 6-14. - Abrogation and greater restrictions. This title is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this title and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. of 3-4-03; Res. of 4-15-14(1), eff. 5-5-14)

Southaven Code of Ordinances § 6-15 Interpretation.

Sec. 6-15. - Interpretation. In the interpretation and application of this title all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body, and; (3) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. of 3-4-03; Res. of 4-15-14(1), eff. 5-5-14)

Southaven Code of Ordinances § 6-16 Standards for X Zones (shaded/unshaded).

Sec. 6-16. - Standards for X Zones (shaded/unshaded). Any area outside the FEMA studied areas lying along blue line streams shown on the United States Department of the Interior Geological Survey quadrants of which the City of Southaven is contained and/or areas with flood prone soils which are contiguous to blue line streams as shown on the City of Southaven Flood Prone Soils Map shall also be considered community flood hazard areas. These areas contiguous to blue line streams are defined by a buffer of five (5) times the width of the stream at the top of the bank or twenty (20) feet each side from the top of the bank, whichever is greater. The X Zones (shaded/unshaded) are considered to be low to moderate risk flood zones and are located outside the community's delineated special flood hazard area and include the following: (1) Areas outside the one (1) percent chance flood zone, but within the two-tenths (0.2) percent chance flood Zone, as determined by a detailed study; (2) Areas outside the two-tenths (0.2) percent chance flood zone as determined by a detailed study and; (3) Areas that have not yet been studied. The community reserves the right to require further studies for any development within its jurisdiction, if there is evidence that a potential flood hazard exists. Studies can be used to designate community flood hazard areas. Such evidence may include but shall not be limited to: (1) Eyewitness reports of historic flooding or other reports of historic flooding deemed credible by the community; (2) Geological features observed that resemble floodplains (such as flat areas along streams); (3) Proximity to manmade or natural constructions such as road crossings that can cause backwater effects, and; (4) Drainage basin characteristics such as drainage area, slope, percent impervious cover, land use, etc. (Ord. of 3-4-03; Res. of 4-15-14(1), eff. 5-5-14)

Southaven Code of Ordinances § 6-17 Repetitive loss structures.

Sec. 6-17. - Repetitive loss structures. The community may declare any existing structure as a repetitive loss structure as required to qualify the structure for increased cost of compliance (ICC) benefits allowed by a National Flood Insurance Program flood policy claim. To be declared a repetitive loss structure, the following conditions must be met: (1) The structure must have a flood insurance policy that includes the increased cost of compliance coverage and; (2) The structure must have been flooded twice during a ten-year period with each flood event causing damage for which the repair cost equaled or exceeded twenty-five (25) percent of the market value of the structure. (Ord. of 3-4-03; Res. of 4-15-14(1), eff. 5-5-14)

Southaven Code of Ordinances § 6-18 Warning and disclaimer of liability.

Sec. 6-18. - Warning and disclaimer of liability. The degree of flood protection required by this title is considered reasonable for regulatory purposes and is based on scientific and engineering consideration. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This title does not imply that land outside the areas of special flood hazard and community flood hazard areas or uses permitted within such areas will be free from flooding or flood damages. This title shall not create liability on the part of Mayor and Board of Aldermen of the City of Southaven or by any officer or employee thereof for any flood damages that result from reliance on this title or any administrative decision lawfully made there under. (Res. of 4-15-14(1), eff. 5-5-14)

Southaven Code of Ordinances § 6-19 Enforcement, penalties, and violations.

Sec. 6-19. - Enforcement, penalties, and violations. Violation of the provisions of this title or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this title or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than five hundred dollars ($500.00) or imprisoned for not more than thirty (30) days, or both, and in addition, shall pay all costs and expenses involved in the case. Each act of violation and each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the floodplain administrator from taking such other lawful actions as is necessary to prevent or remedy any violation. (Res. of 4-15-14(1), eff. 5-5-14)

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_TITVIFLDAPRCO_CH3GEPRFetched: 11/1/2026