VARIANCE PROCEDURES

Southaven Code of Ordinances tit. VI, ch. 6

in effect

Southaven Code of Ordinances § 6-40 Designation of variance and appeals board.

Sec. 6-40. - Designation of variance and appeals board. The Mayor and Board of Aldermen of the City of Southaven shall hear and decide appeals and requests for variances from, requirements of this title. (Ord. of 3-4-03; Res. of 4-15-14(1), eff. 5-5-14)

Southaven Code of Ordinances § 6-41 Duties of variance and appeals board.

Sec. 6-41. - Duties of variance and appeals board. The Planning Commission shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the Floodplain Administrator in the enforcement or administration of this ordinance. Any person aggrieved by the decision of the Planning Commission may appeal such decision to the Mayor and Board of Aldermen; any such appeal must be filed, in writing, within ten (10) days of the Planning Commission's decision. Any person aggrieved by the decision of the Mayor and Board of Aldermen may appeal such decision to the DeSoto County Circuit Court as provided by § 11-51-75, Mississippi Code of 1972, Annotated. (Ord. of 3-4-03; Res. of 4-15-14(1), eff. 5-5-14)

Southaven Code of Ordinances § 6-42 Variance procedures.

Sec. 6-42. - Variance procedures. In passing upon such applications, the mayor and board of aldermen shall consider all technical evaluations, all relevant factors, standards specified in other sections of this title, and: (1) The evaluation must be based on the characteristics unique to that property and not be shared by adjacent parcels. The characteristics must pertain to the land itself, not to the structure, its inhabitants, or its owners; (2) Variances should never be granted for multiple lots, phases of subdivisions, or entire subdivisions; (3) The danger that materials may be swept onto other lands to the injury of others; (4) The danger to life and property due to flooding or erosion damage; (5) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner and the community; (6) The importance of the services provided by the proposed facility to the community; (7) The necessity of the facility to be at a waterfront location, where applicable; (8) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (9) The compatibility of the proposed use with existing and anticipated development; (10) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (11) The safety of access to the property in times of flood for ordinary and emergency vehicles; (12) The expected heights, velocity, duration, rate of rise, and sediment of transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (13) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges and culverts. (14) Upon consideration of factors listed above, and the purpose of this ordinance, the mayor and board of aldermen may attach such conditions to the granting of variances as it determines necessary to further the purpose of this ordinance. (15) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (Ord. of 3-4-03; Res. of 4-15-14(1), eff. 5-5-14)

Southaven Code of Ordinances § 6-43 Conditions for variances.

Sec. 6-43. - Conditions for variances. (a) Variances shall only be issued when there is: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship; and (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (b) The provisions of this title are minimum standards for flood loss reduction; therefore any deviation from the standards must be weighed carefully. Variances shall only be issued upon a determination that the variance is the minimum necessary deviation from the requirements of this title, considering the flood hazard, to afford relief; and in the instance of a historic structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. (See section 6-45.) (c) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the lowest floor is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (See section 6-44.) (d) The floodplain administrator shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency or Mississippi Emergency Management Agency upon request. (See section 6-44.) (e) Upon consideration of the factors listed above and the purposes of this ordinance, the mayor and board of aldermen may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. (f) Variances shall not be issued "after the fact." (Ord. of 3-4-03; Res. of 4-15-14(1), eff. 5-5-14)

Southaven Code of Ordinances § 6-44 Variance notification.

Sec. 6-44. - Variance notification. Any applicant to whom a variance is granted shall be given written notice by the signature of a community official that: (1) The issuance of a variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and; (2) Such construction below the base flood level increases risks to life and property. A copy of the notice shall be recorded by the floodplain administrator in the office of the DeSoto County Chancery Clerk and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in the community's biennial report submission to the Federal Emergency Management Agency. (Ord. of 3-4-03; Res. of 4-15-14(1), eff. 5-5-14)

Southaven Code of Ordinances § 6-45 Historic structures.

Sec. 6-45. - Historic structures. Variances may be issued for the repair or rehabilitation of "historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an "historic structure" and the variance is the minimum to preserve the historic character and design of the structure. (Ord. of 3-4-03; Res. of 4-15-14(1), eff. 5-5-14)

Southaven Code of Ordinances § 6-46 Special conditions.

Sec. 6-46. - Special conditions. Upon consideration of the factors listed in Chapter 6, and the purposes of this title, the mayor and board of aldermen may attach such conditions to the granting of variances, as it deems necessary to further the purposes of this title. (Ord. of 3-4-03; Res. of 4-15-14(1), eff. 5-5-14)

Southaven Code of Ordinances § 6-47 No-impact certification within the floodway.

Sec. 6-47. - No-impact certification within the floodway. Variances shall not be issued within any designated floodway if any impact in flood conditions or increase in flood levels during the base flood discharge would result. (Ord. of 3-4-03; 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_CH6VAPRFetched: 11/1/2026