Ocean Springs News
MEDIA PRESS RELEASE - for immediate release
January 20th, 2010 | For details and information concerning this release, please contact Johnnie Bernhard at (228) 875-2209.
BOA Rescinds 2007 Decision on Harbor Landing
Ocean Springs, MS – At tonight’s Mayor and Board of Aldermen meeting, city officials repealed a 2007 decision that allowed the Harbor Landing, a local restaurant and marine supplier located in the historic Ocean Springs Harbor, to operate under special restrictions.
The State Court of Appeals ruled that “although the City found such a proposed use was a permitted use, the additional restrictions imposed on the business removed the City’s decision from the realm of interpreting the language of the ordinance to granting a revocable special use permit.”
The additional restrictions on Harbor Landing per the city’s special use permit included: designated parking spaces; providing seasonal security; business operations from sun up to sun down; and that should the representations of the business owner be found inaccurate such could form the basis of revoking the permit. The Court found that this further action and discussion of a permit and the potential to revoke permits constituted the granting of a special or conditional use permit. Special use or conditional use permits are not permitted in the C-4B zone where Harbor Landing is located.
According to City officials, the owner of Harbor Landing must start the process again by requesting a business license either to continue to operate as the business currently is operated, or Harbor Landing may operate as a private yacht club, a permitted use in the C-4B zone.
As a private yacht club, the owner of Harbor Landing would be required to request a certificate of occupancy, a business privilege license, including a building inspection as well as fulfilling requirements as stipulated in the city’s ordinance governing yacht clubs within the city limits.
