Home CHAPTER 5. OVERLAY DISTRICTS

CHAPTER 5. OVERLAY DISTRICTS

5.1 Purpose and Applicability

5.1.1 Purpose

The City of Tupelo has provided for the adoption of overlay districts to establish alternative land development requirements within specific areas of our community. Each overlay district is superimposed over the base zoning district. It consists of a physical area with mapped boundaries and written text spelling out standards that are in addition to those of the base zoning district.

5.1.2 Designation of Districts

Districts may be adopted by the City Council under procedures for development code amendments, Section 12.7, based on recommendations of the Director of Development Services and Planning Committee.

5.1.3 Applicability

The provisions of an Overlay District shall apply to the development of all land therein whether publicly or privately held.

5.1.4 Standards Conflict

In case of conflicts between the standards of an Overlay District and standards of the underlying base district, other requirements of the Development Code or other rules, regulations, covenants and agreements applicable, the standard of the Overlay District shall prevail.

5.1.5 Relationship to Subdivision Regulations

The character of proposed development within an Overlay District may require that standards for lot size, shape and frontage be subject to modification from standards established in adopted subdivision regulations. An application for a final development plan for a site within an Overlay District shall be deemed to be an application for preliminary subdivision approval, with no separate filing required.

5.2 Use Regulations

5.2.1 Primary Use

Within an Overlay District, no buildings, structure, land or premises shall be used and no buildings or structure shall be hereafter erected, constructed, reconstructed or moved, unless the use shall be one (1) or more of the uses permitted listed within each Overlay District. Uses are permitted by right or with conditions. There are two (2) types of conditional uses. A “compatible use,” indicated on the table by the symbol C, may be approved by the Development Services Director in accordance with the terms of this Code. A “flexible use,” indicated by the symbol F, may be approved by the Planning Committee in accordance with the terms of this Code.

5.2.2 Accessory Use

Accessory uses pursuant to Chapter 7 are permitted in an Overlay District subject to compliance with all other applicable standards of the Development Code.

5.3 Mixed Use Downtown Overlay District
5.3.1 Purpose and Intent
The city hereby establishes a Mixed Use Downtown Overlay District, or District, for the general purpose of implementing the Tupelo 2025 Comprehensive Plan, hereinafter referred to as the Comprehensive Plan.

The Mixed Use Downtown Overlay District is further established for the following specific purposes:

(1) Attract economic development and employment opportunities that are supportive of and compatible with the existing character of the area within the Mixed Use Downtown Overlay District and those private and public uses contemplated within the Downtown Tupelo Master Plan;

(2) Enhance the visual image of the Mixed Use Downtown Overlay District which is associated with a major gateway to Tupelo, by

(a) Ensuring the architectural compatibility of new and existing buildings and structures;

(b) Reducing visual clutter related to signs, utilities transmission lines, unkept facades of buildings and structures, storage of materials and visibility of parked vehicles;

(c) providing and maintaining landscaping and associated furnishings along streets, at buildings and structures and in vehicular parking areas; and,

(d) Protecting visual vistas identified in the Downtown Tupelo Master Plan;

(3) Protect and provide for specific sites for development and redevelopment as identified in the Downtown Tupelo Master Plan;

(4) Prohibit land uses that have adverse impacts on the Mixed Use Downtown Overlay District and, through their incompatibility with proposed uses identified in the Downtown Tupelo Master Plan, deter new development;

(5) Encourage the preservation of buildings and structures with significant historical or architectural character and prohibit the removal or major alteration of any building or structure without permit approval by the City;

(6) divide the Mixed Use Downtown Overlay District into sub-districts to implement the purposes cited herein; and,

(7) Amend the specific uses of the existing base zoning within the Mixed Use Downtown Overlay District to comply with those permitted uses identified in the Downtown Tupelo Master Plan.

5.3.2 Base Zoning District

The base zoning of the area included within the Mixed Use Downtown Overlay District is Mixed Use Downtown (MUD).
5.3.3 Sub-districts
The Mixed Use Downtown Overlay District includes the following Sub-districts:
(1) Judicial Sub-district;
(2) City Center Retail Sub-district;
(3) Financial Sub-district;
(4) Coliseum Sub-district;
(5) Downtown Gateway Sub-district;
(6) Major Development Sub-district; and,
(7) Fairground Redevelopment Sub-district.

*Location of each Sub-district is delineated in Figure 5.3.3, Sub-district Map.

5.3.4 Use Regulations

(1) Primary Use: Within the Mixed Use Downtown Overlay District, no buildings, structure, land or premises shall be used and no buildings or structure shall be hereafter erected, constructed, reconstructed or moved, except for one or more of the uses in Table 5.3.4.

(2) Use Types: Three (3) types of uses are provided for in Chapters 4 and 12 of the Development Code: Uses by right may be approved by Development Services staff. Compatible uses as identified in table 5.3.4. may be approved by the Director of Development Services Department or designee in accordance with the terms of Chapter 12, Section 12. Flexible uses as identified on table 5.3.4. may be approved by the City Council after recommendation by the Planning Committee in accordance with the terms of Chapter 12, Section 12.

(3) Accessory Use: Accessory uses pursuant to Chapter 7 are permitted in the Mixed Use Downtown Overlay District subject to compliance with the Height and Area Regulations and the Design Standards of the Chapter and other applicable requirements of the Development Code.
5.3.5 Height and Area Regulations

(1) Conforming Use: Within the Mixed Use Downtown Overlay District, the minimum parcel area, minimum parcel dimension (width and depth), minimum yard dimensions (front, side and rear), maximum building height and maximum building coverage applicable to building and structures hereafter erected, constructed or moved shall be determined by reference to adjacent properties as described in the Mixed Use Downtown Overlay District Design Guidelines and in Section 6.10, Infill Development. Where adjacent properties are undeveloped or otherwise do not supply a reference for a lot development or building dimension, the building or structure shall conform to the standards for the Mixed Use Downtown District in Section 4.9 and in Table 4.17, General Development Standards.

(1) Nonconforming Use-Improvement: Nonconforming uses and/or nonconforming buildings and structures shall not be enlarged, extended, or reconstructed subject, except as provided in Section 5.3.4.(3) below for replacement due to damage. Such buildings and structures may be renovated provided they comply with the Mixed Use Downtown Overlay District Design Standards.

(3) Nonconforming Use – Replacement Due to Damage: If a nonconforming use and/or building or structure, taken collectively as a business entity, is damaged or destroyed by fire, explosion, act of nature or other casualty to the extent of less than fifty percent (50%) of its appraised value by the County Tax Assessor, exclusive of foundations, it may be restored to its original size provided that all new work conforms with Mixed Use Downtown Overlay District Design Standards. Such restoration must be completed within twelve (12) months of date damaged.
5.3.6 Design Standards
(1) Conforming Use: Within the Mixed Use Downtown Overlay District, no building or structure shall be hereafter erected, constructed or moved unless such use conforms to the Mixed Use Downtown Overlay District Design Standards. Where the Mixed Use Downtown Overlay District Design Standards do not provide a standard, provisions of Chapter 6 and other Chapters of the Development Code shall apply.

(2) Nonconforming Use–Improvement: Nonconforming uses and/or buildings or structures may be renovated provided they comply with the Mixed Use Downtown Overlay District Design Standards.

(3) Nonconforming Use – Replacement Due to Damage: If a nonconforming use and/or building, taken collectively as a business entity, is damaged or destroyed by fire, explosion, act of nature or other casualty to the extent of less than fifty percent (50%) of its appraised value by the County Tax Assessor, exclusive of foundations, it may be restored to its original size provided that the new work conforms with the Mixed Use Downtown Overlay District Design Standards. Such restoration must be completed within twelve (12) months of the date damaged.

5.3.7 Review Process

(1) Within the Mixed Use Downtown Overlay District, the Director of Development Services shall not issue any building permit for construction, alteration, repair, demolition or relocation of a building or structure without first submitting the application of such permit, together with all plans, elevations, and other information as may be required to determine the appropriateness of the design, per Section 5.3.6. (1) of this code, to the Downtown Design Review Committee for approval. Review by the Committee shall be based on the Mixed Use Downtown Overlay District Design Guidelines, and, for projects located in the Fairgrounds Redevelopment Sub-district, on the Fairpark Design Guidelines.

(2) Within the Mixed Use Downtown Overlay District, all new permitted, compatible and flexible uses and all expansions and changes in use shall comply with the standards of the Mixed Use Downtown Overlay District Design Guidelines, and, for projects located in the Fairgrounds Redevelopment Sub-district, of the Fairpark Design Guidelines.

5.4 Watershed or Drainage Basin Overlay Districts

5.4.1 Purpose

(a) Watershed or Drainage Basin Overlay Districts are established:

(b) To preserve and enhance the quality of the water in rivers, streams, and ponds that flow into and out of Tupelo;

(c) To minimize future flooding problems by restricting development in flood prone areas or areas of inadequate drainage system capacity;

(d) To preserve the water carrying capacity of watercourses, the natural water storage capacity of the floodplain, and the water carrying capacity of the man-made drainage system;

(e) To protect land and watercourses from pollutants, sedimentation and erosion;

(f) To retain open spaces in order to protect their environmentally-sensitive character;

(g) To protect and conserve significant natural resources from degradation due to inappropriate development. Such natural resources include wildlife and plant life habitats, wetland areas and riparian areas;

(h) To minimize the impact of development by controlling the location, intensity, pattern and design of development and construction activities, while recognizing the legitimate expectations of property owners and Tupelo’s economic development goals.

5.4.2. Development Standards in Watershed or Drainage Basin Overlay Districts

Designation of watershed or drainage basin overlay districts shall include adjustments to development standards within the districts. Standards which may be adjusted include minimum lot size, floor area ratio, lot coverage, parking requirements, street construction standards, tree preservation standards, and stormwater management standards. Development in designated watershed or drainage basin overlay districts may also be subject to additional restrictions such as impervious surface coverage. Specific standards shall be adopted based on recommendations of the city engineer, and incorporated as part of the ordinance designating the overlay district.

5.5 Joyner Neighborhood Conservation Overlay District

5.5.1. Purpose and Applicability

(1) Purpose
It is the purpose and intent of the Neighborhood Conservation Overlay District to protect the value of property, to enhance the attractiveness of neighborhoods, to prevent development which would be incompatible with the established characteristics of the neighborhood, and to support improvement and investment in the neighborhood housing stock, and to promote recovery from natural disaster.

(2) Applicability
The requirements of this section shall apply to all property within the Joyner Neighborhood Conservation Overlay District as shown in Figure 5.5.1.

5.5.2 Use Regulations

Section 4.8.5, Uses in Medium Density Residential districts, shall apply with the following changes:
Patio homes/zero lot line homes are allowed by compatibility.
Townhouse dwellings are allowed by compatibility.
Congregate Living 1 facilities are not allowed.

5.5.3. Review procedures

(1) A design review committee shall be established consisting of five members. Three members shall be residents of the Joyner Neighborhood Conservation Overlay District, designated by vote of the Joyner Neighborhood Association. One member shall be designated by the Mayor. One member shall be designated by the City Council representative(s) for the Joyner Neighborhood Conservation Overlay District. The members shall be confirmed by the City Council. The committee positions will be for a period of twelve months from the date of confirmation.
(2) No permit for new construction or external renovation shall be issued for any property within the Joyner Neighborhood Conservation Overlay District without approval of the design review committee.

(3) Applications for construction or renovation within the Joyner Neighborhood Conservation Overlay District shall be accompanied by complete drawings of the proposed work, including a site plan, floor plan, full elevation drawings, and exterior materials list.

(4) The design review committee shall meet to consider permit applications no later than thirty (30) days after the complete application is received by the Development Services Department.

(5) The Development Services Department shall provide a report to the design review committee describing the characteristics of the neighborhood in the immediate vicinity of the subject property.

(6) Appeals
Decisions of the design review committee may be appealed to the Planning Committee.

 

 

5.5.4 Design Standards

(1) The design review committee shall be guided by the standards for infill construction (Section 6.10), by the compatibility checklist procedure (Section 12.4.5), and by reference to the existing architectural features of the immediate vicinity and of the Joyner neighborhood generally.

(2) The design review committee may prepare and proposed written standards for adoption through amendment of this section.

 

5.6 Sharon Hills Neighborhood Conservation Overlay District

5.6.1. Purpose and Applicability

(1) Purpose
It is the purpose and intent of the Neighborhood Conservation Overlay District to protect the value of property, to enhance the attractiveness of neighborhoods, to prevent development which would be incompatible with the established characteristics of the neighborhood, and to support improvement and investment in the neighborhood housing stock, and to promote recovery from natural disaster.

(2) Applicability
The requirements of this section shall apply to all property within the Sharon Hills Neighborhood Conservation Overlay District as shown in Figure 5.6.1.

5.6.2 Review procedures

(1) A design review committee shall be established consisting of five members. Three members shall be residents of the Sharon Hills Neighborhood Conservation Overlay District, designated by vote of the Sharon Hills Neighborhood Association. One member shall be designated by the Mayor. One member shall be designated by the City Council representative(s) for the Sharon Hills Neighborhood Conservation Overlay District. The members shall be confirmed by the City Council. The committee positions will be for a period of twelve months from the date of confirmation.

(2) No permit for new construction or external renovation shall be issued for any property within the Sharon Hills Neighborhood Conservation Overlay District without approval of the design review committee.

(3) Applications for construction or renovation within the Sharon Hills Neighborhood Conservation Overlay District shall be accompanied by complete drawings of the proposed work, including a site plan, floor plan, full elevation drawings, and exterior materials list, as applicable.

(4) The design review committee shall meet to consider permit applications no later than thirty (30) days after the complete application is received by the Development Services Department.

(5) The Development Services Department shall provide a report to the design review committee describing the characteristics of the neighborhood in the immediate vicinity of the subject property.

5.6.3 Appeals
Decisions of the design review committee may be appealed to the Planning Committee.

 

5.5.4 Design standards

(1) The design review committee shall be guided by the standards for infill construction (Section 6.10), by the compatibility checklist procedure (Section 12.4.5), and by reference to existing architectural features of the immediate vicinity and of the Sharon Hills neighborhood generally.

(2) The design review committee may prepare and propose written standards for adoption through amendment of this section.

5.7 Bel Air Neighborhood Conservation Overlay District
5.7.1. Purpose and Applicability
(1) Purpose
It is the purpose and intent of the Neighborhood Conservation Overlay District to protect the value of property, to enhance the attractiveness of neighborhoods, to prevent development which would be incompatible with the established characteristics of the neighborhood, and to support improvement and investment in the neighborhood housing stock, and to promote recovery from natural disaster.
(2) Applicability
The requirements of this section shall apply to all property within the Bel Air Neighborhood Conservation Overlay District as shown in Figure 5.7.1.
5.7.2 Review procedures
(1) A design review committee shall be established consisting of five members. Three members shall be residents of the Bel Air Neighborhood Conservation Overlay District, designated by vote of the Bel Air Neighborhood Association. One member shall be designated by the Mayor. One member shall be designated by the City Council representative for the Bel Air Neighborhood Conservation Overlay District. The members shall be confirmed by the City Council. The committee positions will be for a period of twelve months from the date of confirmation.
(2) No permit for new construction or external renovation shall be issued for any property within the Bel Air Neighborhood Conservation Overlay District without approval of the design review committee.
(3) Applications for construction or renovation within the Bel Air Neighborhood Conservation Overlay District shall be accompanied by complete drawings of the proposed work, including a site plan, floor plan, full elevation drawings, and exterior materials list, as applicable.
(4) The design review committee shall meet to consider permit applications no later than thirty (30) days after the complete application is received by the Development Services Department.
(5) The Development Services Department shall provide a report to the design review committee describing the characteristics of the neighborhood in the immediate vicinity of the subject property.
5.7.3 Appeals
Decisions of the design review committee may be appealed to the Planning Committee.
5.7.4 Design standards
(1) The design review committee shall be guided by the standards for infill construction (Section 6.10), by the compatibility checklist procedure (Section 12.4.5), and by reference to existing architectural features of the immediate vicinity and of the Bel Air neighborhood generally.
(2) The design review committee may prepare and propose written standards for adoption through amendment of this section.

 

 

 

5.8 West Jackson Neighborhood Redevelopment Overlay District
5.8.1. Purpose and Applicability
(1) Purpose
It is the purpose and intent of the West Jackson Neighborhood Redevelopment Overlay District to protect the value of property, to enhance the attractiveness of neighborhoods, to prevent development which would be incompatible with the established characteristics of the neighborhood, and to support improvement and investment in the neighborhood housing stock.
(2) Applicability
The requirements of this section shall apply to all property within the West Jackson Neighborhood Redevelopment Overlay District as shown in Figure 5.8.1.
5.8.2 Review procedures
(1) A design review committee shall be established consisting of seven members. Three members shall be representatives of the Neighborhood Development Corporation, designated by vote of the Neighborhood Development Corporation. One member shall be a resident of the Gravlee Neighborhood as designated by vote of the Gravlee Neighborhood Association. One member shall be a resident of the Joyner neighborhood as designated by vote of the Joyner Neighborhood Association. One member shall be designated by the Mayor. One member shall be designated by the City Council representative for the West Jackson Neighborhood Redevelopment Overlay District. The members shall be confirmed by the City Council. The committee positions will be for a period of twelve months from the date of confirmation.
(2) No permit for new construction or external renovation shall be issued for any property within the West Jackson Neighborhood Redevelopment Overlay District without approval of the design review committee.
(3) Applications for construction or renovation within the West Jackson Neighborhood Redevelopment Overlay District shall be accompanied by complete drawings of the proposed work, including a site plan, floor plan, full elevation drawings, and exterior materials list, as applicable.
(4) The design review committee shall meet to consider permit applications no later than thirty (30) days after the complete application is received by the Development Services Department.
(5) The Development Services Department shall provide a report to the design review committee describing the characteristics of the neighborhood in the immediate vicinity of the subject property.
5.8.3 Appeals
Decisions of the design review committee may be appealed to the Planning Committee.
5.8.4 Design standards
(1) The design review committee shall be guided by the standards for traditional housing construction (Section 6.4.3) as modified below, by the standards for infill construction (Section 6.10), by the compatibility checklist procedure (Section 12.4.5), and by reference to existing architectural features of the immediate vicinity and of the West Jackson neighborhood generally.
(2) Traditional housing standards modifications
(a) Size limitations. No square footage or floor area ratio limits shall apply.
(b) Main entrance. This standard is not modified.
(c) Porches. A porch shall be provided for each dwelling unit of at least 7’ 6” in depth and 12 feet in length. Porch columns shall be a minimum of six inches wide, shall be square or rectangular in section, and may not be wrought iron or other material that is not solidly opaque. Other standards for porches are not modified.
(d) Covered balconies. This standard is not modified.
(e) Garages. Carports may be permitted if attached to side or rear of house. If visible from the street, carport columns must be of similar size and material to porch columns. Other standards for garages are not modified.
(f) Roofs.
Slope: Principal structures must have a roof that is sloped, with at least 4 units of vertical rise to 12 units of horizontal run, and not exceeding 12 units of vertical rise to 12 units of vertical run.
Architectural features: The roof of a principal structure shall include at least one (1) of the following architectural details:
(i) A gable end, or gabled end of a roof projection, facing the street; or
(ii) An offset section either set back from the front façade or with a lower roof line than the main section of the structure.
(iii) Roof eaves must project from the building wall on at least the front and side elevations, and such projections may not exceed 12 inches.
Materials: roofs shall be asphalt shingle.
Other standards for roofs are not modified.
(g) Foundation: The ground level of the first floor, including the lowest elevation of any point on the front façade, shall be elevated at least eighteen (18) inches from the horizontal surface of the street or sidewalk. Other standards for foundation are not modified.
(h) Exterior finish materials: Add: Vinyl siding must meet the following specifications:
Minimum 40 mil thickness
Color throughout, UV rated coating with lifetime fade protection
Wood grain pattern on clapboard or shiplap siding, smooth surface on beaded board siding
Meet ASTM 5206 wind load testing
50 year warranty from time of installation to new buyer

(i) Windows and entryways: At least twenty five (25) percent of the area of a street-facing façade must include windows or main entryways. Each window must be square or vertical and muntins must be in a vertical proportion. A horizontal window opening may be created by grouping two or more vertical windows. When mulling windows together, the mullion should be a minimum of 4 inches in width. Other standards for windows and entryways are not modified.
(3) The design review committee may prepare and propose additional written standards for adoption through amendment of this section.
5.8.5 Development Standards
5.8.5.1 Minimum Lot Size
Minimum lot size standards are as shown on Figure 5.8.2, Redevelopment Plan.
5.8.5.2 Residential Parking Standards
Driveways and parking areas in rear yard areas may be gravel.
5.8.6 Use Regulations
Congregate Living 1 facilities are not allowed in the West Jackson Neighborhood Redevelopment Overlay District.

5.9 Winfield Neighborhood Conservation Overlay District

5.9.1. Purpose and Applicability

(1) Purpose
It is the purpose and intent of the Winfield Neighborhood Conservation Overlay District to protect the value of property, to enhance the attractiveness of the neighborhood, to prevent development which would be incompatible with the established characteristics of the neighborhood, and to support improvement and investment in the neighborhood housing stock.

(2) Applicability
The requirements of this section shall apply to all property within the Winfield Neighborhood Conservation Overlay District as shown in Figure 5.9.1.

5.9.2 Use Regulations

5.9.2.1. Section 4.8.5, Uses in Medium Density Residential districts, shall apply with the following changes:
Detached dwellings, small home day care, home occupation, park and/or open space are allowed by right.
Patio homes/zero lot line homes are allowed by compatibility.
Townhouse dwellings are allowed by compatibility.

5.9.3. Standards

5.9.3.1. Infill Standards
Section 6.10, Infill standards, shall apply with the following changes:
To Section 6.10.5 (1), add: The width of new construction shall not be less than the average width for existing structures in the context area.
Add Section 6.10.5 (3). Exterior Materials
New or renovated dwellings shall provide masonry on building sides facing the street that is equivalent to the highest percentage of masonry on building sides facing the street in the context area.

5.9.3.2 Design Standards
(1) The design review committee shall be guided by the standards for infill construction (Section 6.10, as modified above), by the compatibility checklist procedure (Section 12.4.5), and by reference to existing architectural features of the immediate vicinity and of the Winfield neighborhood generally.
(2) The design review committee may prepare and propose written standards for adoption through amendment of this section.
(3) Metal roofs may not be placed on residential buildings.
(4) Chain link fences are not allowed.
(5) No garage apartments.
(6) Landscaping shall be completed by the lot owner within twelve (12) months after said land owner moves into the residence.
5.9.4. Review Procedures

(1) A design review committee shall be established consisting of five members. Three members shall be residents of the Winfield Neighborhood Conservation Overlay District, designated by vote of the Winfield Neighborhood Association. One member shall be designated by the Mayor. One member shall be designated by the City Council representative(s) for the Winfield Neighborhood Conservation Overlay District. The members shall be confirmed by the City Council. The committee positions will be for a period of twelve months from the date of confirmation.
(2) No permit for new construction or external renovation shall be issued for any property within the Winfield Neighborhood Conservation Overlay District without approval of the design review committee.
(3) Applications for construction or renovation within the Winfield Neighborhood Conservation Overlay District shall be accompanied by complete drawings of the proposed work, including a site plan, floor plan, full elevation drawings, and exterior materials list.
(4) The design review committee shall meet to consider permit applications no later than thirty (30) days after the complete application is received by the Development Services Department.
(5) The Development Services Department shall provide a report to the design review committee describing the characteristics of the neighborhood in the immediate vicinity of the subject property.
(6) Appeals. Decisions of the design review committee may be appealed to the Planning Committee.