Zoning, building permits and septic rules in Town of Smithville, Mississippi

Town of Smithville’s own rules

• Building permitLimited

  Buildings and related development on lots in a proposed subdivision inside Smithville town limits.

  • Final-plat approval by the Board of Aldermen and Board of Supervisors and submission of required bonds must occur first.
  • The ordinance also provides that a site plan for R-3 development must be submitted and approved before building-permit issuance.

  “Prior to such approval and submission of the required bonds, no building or related permits shall be issued and no lots shall be conveyed by the owner.”

• Local zoningPresent (with conditions)

  Land inside the incorporated Town of Smithville, Mississippi.

  • The official zoning map is the final authority as to zoning status.
  • The ordinance identifies an original effective date of August 23, 2016 and amendments dated January 21, 2020 and April 5, 2022.

  “The provisions of this ordinance shall be applicable to land and appurtenances thereto located within the incorporated limits of the Town of Smithville, MS.”

• Zoning districtsPublished (with conditions)

  Land inside Smithville town limits.

  • The official zoning map is adopted by reference and is the final authority for zoning status.
  • The listed districts are A Agricultural Residential, R-1 Single-Family Residential, R-2 Residential Growth, R-3 Multi-Family Residential, C Commercial, and I Industrial.

  “A Agricultural Residential District R1 Single-Family Residential District R2 Residential Growth District R3 Multi-Family Residential District C Commercial District I Industrial District”

• Manufactured homesLimited

  Manufactured homes in the A Agricultural Residential and R-2 Residential Growth districts inside Smithville town limits.

  • Manufactured homes are conditional uses in both identified districts.
  • In R-2, the dimensional table lists a 20,000-square-foot minimum lot size, 100-foot minimum lot width, 35-foot/2½-story maximum height, 20-foot front yard, 10-foot side yard, 25-foot rear yard, 25% impervious area, and two maximum units per acre.

  “2.8.3. Conditional Uses. A. Accessory Dwelling Unit (Guest House) B. Bed and Breakfast Inn C. Daycare Facilities D. Manufactured Home”

• Accessory dwellingsLimited

  Accessory dwelling units (guest houses) in the A Agricultural Residential, R-1 Single-Family Residential, and R-2 Residential Growth districts inside Smithville town limits.

  • The ordinance classifies the use as a conditional use in each listed district.
  • Conditional-use review requires an application filed with the Zoning Administrator, a public hearing before the Board of Aldermen, and a Board decision.

  “2.7.3. Conditional Uses. A. Accessory Dwelling Unit (Guest House) B. Bed and Breakfast Inn C. Daycare Facilities”

• Permit processPartial

  Conditional-use applications and utility-service requests inside Smithville town limits.

  • Utility service requires a Town-furnished written application, approval by the Water Department or designee, and required fees.
  • The zoning process quoted applies to conditional uses rather than every building-permit type.

  “Utility service is subject to approval of the Smithville Water Department or designee after receipt of application, and all required fees.”

Rules another office applies inside Town of Smithville

Town of Smithville does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Minimum lot sizeSpecified

  Single-family dwellings in the A Agricultural Residential District inside Smithville town limits.

  • Corner lots must use the front-yard setback on the corner side.

  minimum lot size: 10000 square feet · minimum lot width: 75 feet

  “SF Dwelling 10,000 sf 75 ft 35 ft/2 stories 25 ft 10 ft 25 ft 25% 4”

  One more reviewed finding on this topic

  • Specified — Single-family dwellings in the R-1 Single-Family Residential District inside Smithville town limits.

    “SF Dwelling 7,500 sf 60 ft 35 ft/2 ½ stories 20 ft 10 ft 25 ft 25% 6”

• SetbacksSpecified

  Single-family dwellings in the A Agricultural Residential District inside Smithville town limits.

  • Minimum side setbacks apply to each side of the structure.
  • A corner lot must use the front-yard setback on the corner side.

  front yard: 25 feet · side yard: 10 feet · rear yard: 25 feet

  “SF Dwelling 10,000 sf 75 ft 35 ft/2 stories 25 ft 10 ft 25 ft 25% 4”

  One more reviewed finding on this topic

  • Specified — Single-family dwellings in the R-1 Single-Family Residential District inside Smithville town limits.

    “SF Dwelling 7,500 sf 60 ft 35 ft/2 ½ stories 20 ft 10 ft 25 ft 25% 6”

• Lot coverageSpecified

  Single-family dwellings in the A Agricultural Residential District inside Smithville town limits.

  maximum impervious area: 25 percent

  “SF Dwelling 10,000 sf 75 ft 35 ft/2 stories 25 ft 10 ft 25 ft 25% 4”

  One more reviewed finding on this topic

  • Specified — Single-family dwellings in the R-1 Single-Family Residential District inside Smithville town limits.

    “SF Dwelling 7,500 sf 60 ft 35 ft/2 ½ stories 20 ft 10 ft 25 ft 25% 6”

• Building heightSpecified

  Single-family dwellings in the A Agricultural Residential District inside Smithville town limits.

  • The ordinance lists exceptions to height requirements for chimneys, church steeples, cooling towers, elevator bulkheads, radio, television and microwave towers, antennas, fire towers, monuments, water tanks, silos, and necessary mechanical appurtenances.

  maximum height: 35 feet (Two stories.)

  “SF Dwelling 10,000 sf 75 ft 35 ft/2 stories 25 ft 10 ft 25 ft 25% 4”

  One more reviewed finding on this topic

  • Specified — Single-family dwellings in the R-1 Single-Family Residential District inside Smithville town limits.

    “SF Dwelling 7,500 sf 60 ft 35 ft/2 ½ stories 20 ft 10 ft 25 ft 25% 6”

• Who permits septicState (with conditions)

  On-site wastewater systems serving land inside Smithville town limits when public sewer is not available.

  • If public sewer is available, MSDH refers applications within one mile of the sewer line to connect and requires a sewer-provider rejection letter before proceeding with an on-site application.

  “If public sewer is not available in your area, you will have to apply to us for the proper paperwork.”

• Septic permitRequired

  Installation of an on-site wastewater disposal system inside Smithville town limits.

  • The same permit is required to obtain a water meter.
  • Where a public sewer line is available, MSDH requires a sewer option rather than an on-site system unless the sewer provider rejects the connection.

  “The Permit is required for a water meter and the installation of an on-site wastewater disposal system.”

• Off-grid sanitationLimited

  Human wastewater disposal inside Smithville town limits where the property is not connected to central sewer.

  • Wastewater must be piped to a central sewer system or a septic system.
  • No gray water may be discharged on the ground, into ditches, or into bodies of water.

  “Mississippi does not recognize gray water. Anything that could be considered gray water in other states is classified as wastewater in Mississippi. All wastewater is required to pipe into a central sewer system or a septic system for proper disposal. No “gray water” can be discharged on the ground, ditches, or bodies of water.”

• Mandatory utility hookupSewer (with conditions)

  A property inside Smithville town limits seeking water service where a public sewer line is available within one mile.

  • MSDH automatically refers an application within one mile of a sewer line to connect.
  • MSDH cannot proceed with an on-site wastewater application without a Letter of Rejection from the sewer provider.

  distance from sewer line: <= 1 mile (MSDH may proceed with an on-site application after receiving a Letter of Rejection from the sewer provider.)

  “By law, sewer systems have first-right to provide sewer to everyone. As such, MSDH automatically refers applications within one (1) mile of a sewer line to connect. We must receive a Letter of Rejection from the sewer provider before we can proceed with the application.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Smithville or Monroe County directly.

• Owner-builder exemption — Owner-built residential construction inside Smithville town limits.
• Building code adopted — Construction inside Smithville town limits.
• Inspections — Building construction inside Smithville town limits.
• Certificate of occupancy — Occupancy of structures inside Smithville town limits.
• Minimum dwelling size — Single-family dwellings inside Smithville town limits.

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.