35 Miss. Code. R. 11-3-101

The following applies under this Chapter for purposes of property boundary line measurements:

1. The applicable property boundary line for a church facility shall be the parcel of land on which a structure exists or is in the process of being constructed at the time of application where worship services are held on a regularly occurring basis to include religious ceremonies, religious counseling and/or religious studies. The applicable property boundary line does not include parking lots, fields on which no church facilities are located or other parcels owned by churches unless the parcel also includes a church facility.

2. The applicable property boundary line for a childcare facility shall be the parcel of land on which a structure exists or is in the process of being constructed at the time of application and for which the Mississippi Department of Health has issued a childcare facility license or would have issued a childcare facility license but for an applicable exemption under Miss. Code Ann. Section 43-20-5. The applicable property boundary line does not include parking lots, fields on which no childcare facilities are located or other parcels owned by a child care center unless the parcel also includes a child care facility.

3. The applicable property boundary line for a school shall be the parcel of land on which a facility exists or is in the process of being constructed at the time of application used for the teaching of children, whether owned or leased by the school, including instructional staff members and students and which is in session each school year. This includes but is not limited to, public, private, church, and parochial programs for kindergarten, elementary, junior high, and high schools. The applicable property boundary line does not include parking lots, fields on which no school facility is located or other parcels owned by a school unless the parcel also includes a school facility.

Notes

35 Miss. Code. R. 11-3-101

Adopted 7/1/2022 Amended 3/6/2025