Protest Petition Sufficiency and Procedures.
Tupelo Development Code § 12.3.6
in effect12.3.6. - Protest Petition Sufficiency and Procedures.
(1) Protest Petition Defined: A petition in opposition to any application listed in Section 12.2.1, Applicability, shall be considered a "valid protest petition" if the petition meets the requirements of applicable state and local law.
(2) Standards:
(a) The petition must be signed by the owners of either:
i. Twenty percent or more of the area included in the proposed change or;
ii. Five percent of the area of a 100 foot wide buffer extending along the entire boundary of each discrete or separate area proposed to be rezoned.
(b) In evaluating the sufficiency of a protest under this provision, a street right of way shall not be considered in computing the 100 foot buffer area as long as the street right of way is 100 feet wide or less. When less than an entire parcel of land is being rezoned, the 100 foot buffer shall be measured from the property line of the entire parcel.
(3) Procedure:
(a) A form for a protest petition shall be available in the Department of Development Services.
(b) Completed petitions shall be submitted to the Department of Development Services at least four working days prior to the day of the public hearing.
(c) The Director of Development Services, or designee, in consultation with the Attorney for the jurisdiction shall determine if the petition meets the criteria for classification of "valid protest petition". The Clerk shall inform the governing body that a petition has been filed and indicate the determination by the Director of Development Services, or designee, whether the petition is valid or invalid. The Director of Development Services, or designee, shall notify the petitioner as to the validity of the protest petition.
(d) Where a substantial modification to a zoning map change application that requires resubmission to the Planning Committee has been submitted, the Director of Development Services shall notify the petitioner, in writing, that a new protest petition is required.
(e) Petitions for zoning map change for which a protest petition has been determined to be valid shall require a three-fourths vote of the governing body for approval rather than a simple majority. Vacant positions on the Council and members who have been excused from voting because of a conflict of interest shall not be considered in computing Council membership.
(4) Withdrawal: Persons or entities who have signed protest petitions may withdraw their signatures at any time prior to the vote on the proposed map change. Any withdrawal must meet standards established for such withdrawals by the Department of Development Services. Withdrawals submitted less than two working days prior to the public hearing may result in a continuance of the hearing if the effect of the withdrawal on the validity of the protest cannot be determined prior to the public hearing.
(5) Exemption: The foregoing provisions concerning protest petitions shall not be applicable to any zoning map change that establishes the City's zoning designation on property that has been added to the City's jurisdiction as a result of annexation, except as provided by general or local law.
Source: City of Tupelo, Mississippi, Code of Ordinances and Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/ms/tupelo/codes/development_code?nodeId=CH12APPE_12.3NOPUHE_12.3.6PRPESUPRFetched: 11/1/2026