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301. SANITARY SEWERAGE
301.01 It shall be the responsibility of the Tenant to connect to the nearest
approved wastewater collection system in the existing or proposed utility
easement or road right-of-way. With the wastewater agency’s written
approval, small quantities of certain industrial wastewater may be discharged
into the collection system. It shall be the Tenant’s responsibility
to pretreat certain non-domestic waste as determined by MDEQ and the wastewater
agency prior to discharge into the wastewater collection system.
302. STREETS AND ROADS
302.01 It shall be the responsibility of the Tenant to construct his own
entrance road, including culverts, headwalls, and drainage structures, from
the edge of the existing or proposed public street or road. All roadways
and driveways shall be of an impervious surface such as bituminous or asphalt
concrete, concrete or brick paving materials. All roadways and driveways
shall be constructed with concrete curbs and shall include adequate drainage
facilities to dispose of all storm water. Construction shall conform to Mississippi’s
Standard Specifications for State Aid Road and Bridge Construction.
303. RIGHT-OF-WAY EASEMENTS
303.01 The Authority will retain such right-of-way and easements as may be
necessary for the purpose of erecting, constructing, maintaining, and operating
utility service over, across, under and through the required yards of any
lot, including public service wires, and conduits for lighting, power, and
telephone, gas lines, sanitary sewer, storm sewer and water, and the Authority
shall have the right to grant right-of-way easements to others to carry out
this purpose. Any contract for the laying of such lines, conduits, wires,
pipes or sewers shall also provide that the premises shall be restored to
the same condition they were prior to the doing of such work.
ARTICLE IV
LAND USES
401. PERMITTED USES
401.01 Any industrial warehouse, distribution center, commercial industry,
office building, retail sales, or manufacturing or processing establishment
is permitted, except that no lot, site, land, or building shall be used,
and no building or structure shall be erected or placed which is arranged,
intended, or designed to be used for any purpose or business which is dangerous,
unsafe, noxious, offensive or which in any way constitutes a nuisance.
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401.02 Within areas designated as “C-1” or “C-2” on
the Official Zoning Map of Marshall County, Mississippi, retail, service
and other establishments shall
be permitted as regulated by the Official Zoning Ordinance of Marshall County,
Mississippi, as amended. Provided, however, that no use prohibited by these
covenants shall be permitted, not withstanding the provisions of said zoning
ordinance.
401.03 No land or building shall be used or occupied which does not conform
to the standards set forth herein.
402. PROHIBITED USES
The following uses are strictly prohibited unless previously approved by
the Authority.
402.01-01 Residential uses, including single-family residences, duplexes,
multi-family structures, manufactured housing (mobile homes and “double-wide” mobile
homes) and mobile home parks or subdivisions.
402.01-02 Junkyards or salvage yards.
402.01-03 Rubbish, garbage, or trash dumps.
402.01-04 Outside storage, unless in conformance with the appropriate section
herein.
402.01-05 Slaughterhouses or stockyards.
402.01-06 Asphalt, concrete manufacture, central mixing plant for cement,
mortar, or paving material.
402.01-07 Processing, incineration, or storage of dead animal materials,
including offal reduction; curing, tanning, and storage of hides; distillation
of bones; and rendering of fat.
402.01-08 Manufacture or storage of explosives, fireworks, or gunpowder.
402.01-09 Quarrying, mining, or petroleum production.
402.01-10 Manufacture of celluloid pyrosylin or pyroxylin products.
402.01-11 In the event any question shall arise as to whether or not a use
of property within the Park is permitted or prohibited by these Covenants,
the Authority hereby retains the right to make a final determination as to
what uses are, in fact, permitted or prohibited.
ARTICLE V
REGULATIONS
501. REQUIRED CONDITIONS
501.01 Setbacks – Front setback on all buildings shall be located at
least one hundred (100) feet from the front property line bordering on any
road or street. Building setback from adjoining property line shall be a
minimum of twenty-five (25) feet, so that access to rear of buildings can
be maintained for fire protection and other reasons.
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501.02 Accessory and Storage Buildings – Accessory buildings shall
be located at least twenty-five (25) feet from a principal building, unless
it is an integral part of the main building and is necessary for the manufacturing
process. All materials and equipment shall be stored in completely enclosed
buildings or shall otherwise be screened by such walls, fences, and/or landscaping
as may be determined by the Authority to be adequate to appropriately screen
such materials and equipment from area outside the lot boundaries. All outside
storage shall be confined to the rear two-thirds (2/3) of any building side
or lot.
501.03 Maximum Building Coverage – The total floor area of all buildings
shall not exceed one-half (1/2) of the total lot area.
501.04 Exterior Walls – The exterior walls of all buildings erected
on the property shall be of generally accepted permanent material approved
by the Authority. Metal buildings will be permitted provided that they meet standards enumerated below. Tenants shall submit to the Authority detailed plans and
specifications for initial construction prior to the beginning of construction;
and the Authority’s written approval shall be proof of compliance with
this requirement. No building or structure shall be erected, permitted, or
placed on any part of said real estate unless the front of exterior structure
thereof is of stone, brick, reinforced concrete, glass, equivalent masonry
construction or a combination of these materials. Metal buildings shall have a minimum gauge of 26 for walls with
24-gauge minimum for metal roofs. Finish shall be either galvalume or baked
on enamel finish. Roofs, eaves, and building corners shall be encased in
metal trim. Roofs and walls shall be insulated and must meet local fire code.
501.05 Site Orientation – All buildings shall have their major orientation
and main entrance to the front of the site parallel with the public street
or road. For corner lots, the Authority will consider angles other than parallel.
501.06 Landscaping and Buffer Areas – Buffer areas shall be reserved
along property lines as required by the Authority. These areas shall be used
for landscaping, drainage and utility easements, sidewalks, signage, street
furnishings and hardware. Each Tenant shall be required to leave untouched
as much as possible the existing vegetation and natural amenities of the
terrain. Any proposed clearing or removal must be approved by the Authority.
Each Tenant shall not injure, remove or destroy any live trees over 6” in
caliper without prior consent of the Authority. All building sites upon which
a building is constructed shall be landscaped in accordance with a landscaping
plan submitted to and approved by the Authority. Landscaping plans shall
be submitted prior to6
the commencement of any construction and all landscaping plans, once approved,
shall not be altered without the prior approval of the Authority.
501.07 Landscaping Outside of Building Lines – All areas between required
building lines and property lines not used for drives, walks, parking and
loading areas must be attractively landscaped and maintained so as to create
a landscape buffer along all property lines. It shall also be the responsibility
of each Tenant to landscape and maintain the areas between such Tenant’s
property lines and the paved areas of all public streets or roads adjacent
to the building site. All loading areas shall be adequately screened from
adjacent roadways and/or adjacent sites.
501.08 Structure Heights – Prior to construction or alteration of any
structure in the Park, the Tenants involved shall file with Chief, Airports
Branch, Federal Aviation Agency, Jackson, Mississippi, FAA form number 7460-1
entitled “Notice of Proposed Construction or Alteration” or its
equivalent and shall obtain from said agency approval of or notice of absence
of jurisdiction over the contemplated construction, if said approval is required.
501.09 Rubbish – A lot shall not be used or maintained as a dumping
ground for rubbish. Trash, garbage or other waste shall be kept in sanitary
containers, located anywhere on the lot except in the front yard, and such
containers shall be property screened so as to be not visible from any adjacent
lot or public road or street.
501.10 Off-Street Parking – No parking or loading shall be permitted
on any street or road, either public or private, or at any place other than
the paved parking or loading areas provided in accordance with the following,
and each Tenant shall be responsible for compliance by its employees and
visitors.
501.10-01 Location – Off-street parking areas shall be located at least
25 feet from a public street and at least 5 feet from a building or property
line. However, no more than fifty percent (50%) of the required front yard
may be used for parking.
501.10-02 Paving – All driveways and parking areas shall be constructed
with a hard surfaced pavement and shall include adequate drainage facilities
to dispose of all storm water.
501.10-03 Off-street parking areas shall be used for the parking of passenger
vehicles or commercial and other vehicles incident to the business conducted
on the property. No commercial repair work or any services of any kind shall
be conducted on such parking areas.
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501.10-04 Lighting – Area lighting, if any, shall be arranged so that
the direct source of lighting is away from adjacent streets and residential
districts.
501.10-05 Areas utilized for parking must be screened, modulated or interrupted
from the view of access streets and adjacent properties. This may be accomplished
by employing one or all of the following techniques, but any single technique,
or combination, must not obstruct the vision within twenty feet (20’)
of an intersecting street, driveway or roadway:
(a) LINEAL MASSES OF SHRUBS This method requires use of shrubs that will
achieve a height from four (4) to six (6) feet within three (3) years. Minimum
size of five (5) gallons required.
(b) LINEAL OR GROUPED MASSES OR MAJOR SCALE TREES This method requires use
of trees that shall ultimately provide foliage that is visible above the
roofline from within the total site.
(c) LINEAL OR GROUPED MASSES OF SMALLER SCALE TREES This method requires
use of trees that shall ultimately provide foliage or shade patterns on either
horizontal or vertical planes.
(d) PARKING LOT TREES Trees equal in number to one (1) per each twenty-five
(25) parking spaces may be provided in all parking areas. Minimum size: not
less that three (3) inches in diameter measured two (2) feet above the ground.
(e) BERMING This method, which must be used in combination with at least
one of the other techniques herein, requires berming to an elevation of not
less than four (4) feet nor more than six (6) feet on all sides exposed to
streets or other properties. Said berm to be planted in grass or other ground
cover.
501.10-06 Loading and Unloading – For each industry, at least one (1)
loading and unloading space shall be provided and shall be located in an
area other than the front yard.
501.10-07 Building Foundation – The finished floor elevation of all
buildings including basements which contain materials subject to damage by
flooding shall be elevated or flood-proofed at or above the 100-year flood
elevation as projected by the office of the Federal Insurance and Hazard
Mitigation (FIHM).8
502. PERFORMANCE STANDARDS
502.01-01 Fire and Explosion Hazards – All activities shall be conducted
only in structures which conform to the National Board of Fire Underwriters
Standards and the state fire code concerning the plant operation and storage
of explosive raw materials, fuels, liquids, and finished products. Any activity
which would increase the fire hazards of adjacent property is prohibited.
502.01-02 Radioactivity – All activities located within the Park shall
comply with the Code of Federal Regulations, “Standards for Protection
Against Radiation.”
502.01-03 Smoke, Fumes, Gases, Dust, Odors, Noise – There shall be
no excessive emission of any smoke, fumes, gas, dust, odors, or noise. These
and any other atmospheric pollutants which constitute a nuisance or are obnoxious
or injurious to other Tenants or neighboring property owners are prohibited.
In any case, the limit of such emission of air pollutants shall be subject
to the regulations of the Mississippi Department of Environmental Quality,
Bureau of Pollution Control.
502.01-04 Liquid or Solid Wastes – The discharge of untreated industrial
wastes into a stream or open or closed drain is prohibited. All methods of
industrial sewage and solid waste treatment and disposal shall be approved
by the applicable governing body and the appropriate state and federal agencies.
More specifically, all sanitary waste shall be discharged into a sanitary
sewer system or other system as approved by the Department of Environmental
Quality or by the applicable state health department. The volume, quality,
and strength of all liquid waste shall be discharged into a sewer in strict
accordance with regulations of state and federal law.
502.01-05 Vibration and Electrical Emissions – There shall be no vibration
or electrical emissions which are discernible to the human sense of feeling
beyond the immediate site on which such activity is conducted.
502.01-06 Site Drainage – No driveways, walks, parking areas, etc.,
may be constructed across any drainage ditch, channel, or swale, without
providing adequate culverts or waterway openings for natural drainage. Such
culverts or structures shall provide the minimum waterway opening and shall
be at the proper gradient. No rain and storm water runoff or such drainage
as roof water, street pavement, and surface water caused by natural precipitation
or groundwater from footing or foundation drains or other subsurface water
drainage shall at any time be discharged into or permitted to flow into the
sanitary sewer system.
503. SIGNS
503.01 Signs are permitted as hereinafter regulated, provided that no sign
shall be permitted which is not accessory to the business conducted on the
property.
503.02 Business signs may be erected, provided that the sum area of all signs
does not exceed two (2) square feet per linear foot of building frontage.
Such signs may be attached to the principal building and shall not extend
more than five (5) feet above the roofline.
503.03 In addition to building signs, each separate lot may have one freestanding
nameplate sign which is accessory to the business conducted on the premises.
Any free standing nameplate sign as permitted by this section must meet all
of the following requirements:
503.03-01 The height shall not exceed six (6) feet.
503.03-02 No freestanding nameplate sign shall be nearer than ten (10) feet
from any abutting street right-of-way or property line.
503.03-03 The area of the sign shall not exceed nine (9) square feet.
503.03-04 In the event there is more than one (1) Tenant in the business
building, each Tenant is entitled to one (1) nameplate sign attached to the
freestanding sign provided. However, each such nameplate sign shall be of
uniform dimensions and lettering, and no nameplate sign shall exceed nine
(9) square feet in area.
503.04 No sign shall be lighted by means of flashing or intermittent illumination.
503.05 There shall be no sign erected which will obstruct the vision of motor
vehicle operators.
503.06 Traffic control, parking and directional signs conforming generally
in size, shape, and type to recognized traffic signs are permitted.
503.07 One (1) sign, not exceeding thirty-two (32) square feet in area offering
for sale or lease the site on which the sign is located is permitted.
503.08 All signs must meet the regulations and requirements of sign ordinances
adopted by the applicable municipality or government body.
504. FENCES
504.01 There shall be no fences located in the required front yard of a lot,
and no fence, wall, hedge or shrub, plant or tree which obstructs site lines
at elevations between two (2) and six (6) feet above the roadway shall be
placed or permitted to remain on a corner within the triangular area formed
by street right-of-way lines and a line connecting them at points
fifty (50) feet from the intersection of the street right-of-way lines.
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504.02 Security chain link fences are permitted as well as security guard
houses.
ARTICLE VI
MAINTENANCE
601. MAINTENANCE
601.01 Each Tenant shall at all times keep his landscaping, premises, building,
improvements, and appurtenances in a safe, clean, neat and sanitary condition
and shall comply with all laws, ordinances, and regulations pertaining to
health and safety. Each Tenant shall provide for the removal of trash and
rubbish from his premises. All buildings, signs, improvements, lighting,
and other appurtenances shall be maintained in good repair and working order,
and all painted surfaces shall be kept clean and well painted.
601.02 During construction, it shall be the responsibility of each Tenant
to ensure that construction sites are kept free of unsightly accumulations
of rubbish and scrap materials, and that construction materials, trailers,
shacks, and the like are kept in a neat and orderly manner.
601.03 The Authority agrees to maintain all undeveloped parcels and rights-of-way
owned by it within the Park in a manner compatible with the provisions stated
in this Article.
ARTICLE VII
ADDITION OF TERRITORY
701. ADDITION OF TERRITORY
701.01 The Authority may, from time to time, and at any time during the pendency
of these restrictions, add additional land to the lands described in Exhibit “A” attached
hereto and be made a part thereof. Once a notice of addition to the lands
described in Exhibit “A” is recorded, the Covenants contained
in this Declaration shall apply to the added land in the same manner as if
it were originally covered by this declaration, and thereafter, the rights,
powers, and responsibilities of the Authority with respect to the added land
shall be the same as with respect to the original land, and the rights, privileges,
duties, and liabilities of the Tenants within the added land shall be the
same as in the case of the original land.
ARTICLE VIII
INVALIDATION
801. WAIVER
801.01 Any waiver of failure to enforce any provision of these Covenants
shall not be deemed a waiver or abandonment of such provision as it may apply
in any other situation or to the same or similar situation in any other location
in the Park or of any other provision.11
802. COURT ADJUDICATION
802.01 Invalidation by court adjudication of any of the provisions herein
shall not affect the validity of any other provision, and all other provisions
thereof shall remain in full force and effect.
ARTICLE IX
ENFORCEMENT
901. ENFORCEMENT
901.01 Enforcement of these Covenants may be either by injunction or by action
at law for damages, but no such litigation may be maintained by any person
other than the Authority.
ARTICLE X
SUBLEASE AND RECAPTURE
1001. SUBLEASE
1001.01 All subleases must be approved in writing by the Authority.
1002. RECAPTURE
1002.01 If, after the expiration of one (1) year from the date of execution
of a sales contract agreement on any building site or lot within the Park,
any purchaser shall not have begun, in good faith, with reasonable complete
arrangements to carry through to prompt completion the construction of any
acceptable building thereon, the Authority reserves the right to retain seventy-five
percent (75%) of the purchase price, refund the balance, and enter into possession
of the land. However, the Authority reserves the right to grant an extension
as needed.
ARTICLE XI
DURATION OF COVENANTS
1101. DURATION OF COVENANTS
1101.01 These Covenants shall run with the land. At any time the Authority
or any Tenant in the Park may, by a written declaration, signed by them,
and presented to the Authority, make a request to change, alter, amend, or
extend such Covenants. The Authority may change, alter, amend or extend such
Covenants as requested, subject to approval by both the Authority and the
majority of the tenants/landowners within the Park, with the tenants/landowners
voting according to the acreage within the Park that they own. The Authority
will record such change, alteration, amendment or extension in the Office
of the Chancery Clerk of Marshall County, whether by request from any Tenant
or by its own initiative.
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EXECUTED THIS _________ day of _________________, 2005.
INDUSTRIAL DEVELOPMENT AUTHORITY
OF MARSHALL COUNTY
BY: ___________________________________
CHAIRMANATTEST:
__________________________________
SECRETARY
Amended:
March 3, 2005
August 4. 2005
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