It is the purpose of this article to prescribe the legal devices and procedures for administering and enforcing this ordinance and to define the duties, powers, limitations and scope of jurisdiction for the various persons and other groups or bodies which are concerned with the administration and enforcement of this ordinance.

9.2.1 Building permits required. Buildings or other structures shall not be erected, moved, enlarged, demolished, or structurally altered without a permit, issued by the department of community development. A building permit shall not be issued except in conformity with the provisions of this ordinance, the International Building Code, and other applicable laws, unless said department of community development receives a written order from the mayor and board of aldermen in the form of an administrative review, conditional use or variance as provided by this ordinance.

An application for a building permit shall be filed with the department of com-munity development, on a form furnished by said official, along with the required fee. Applications for building permits for uses to be served by septic tanks shall be accompanied by a sewerage layout permit from the Rankin County Health Department and require concurrence by the department of public works. Every application for a building permit that does not require a site plan shall be accompanied by a plot diagram preferably on a sheet of eight-inch by 11-inch or 11-inch by 17-inch paper which shall indicate the following:

• The actual dimensions and shape of the lot to be built upon or change in its use, in whole or in part;

• The location and size on the lot of every existing building or structure, if any, and an indication of the height of existing buildings or structures;

• Existing and proposed streets and street names (if known);

• The location and size on the lot of the proposed buildings or structures, and an indication of the height of the proposed buildings or structures; and

• Such other information as the department of community development may require as necessary to satisfy the provisions of this ordinance, the International Building Code, and other codes and ordinances.

• All required information shall also be submitted electronically in .pdf format.

• The department of community development may also require a boundary line survey if necessary, prepared by a qualified surveyor.

9.2.2 Relation to site plan review. When the site plan review is required, the procedures described in section 9.9 shall be completed prior to the issuance of a building permit.

Certificates of use required. The certificate of use process is intended to protect the city's residents and consumers from the harmful effects of illegal business operations by establishing a zoning certificate of use requirement, which shall provide a review procedure to ensure that new business occupancies and uses, and changes of existing business occupancies and uses, comply with the city's zoning code, Code of Ordinances, building code requirements, and other applicable codes and regulations.

9.2.2.1 Zoning certificate of use required. No building, location, or structure used for the purpose of exercising the privilege of doing business within the city limits shall be used or occupied for any business, profession or occupation without first obtaining a certificate of use pursuant to this Code. Businesses, professions or occupations which are subject to the requirement for a privilege license pursuant to section 74-31 through 74-38 of the Code of Ordinances shall be subject to the certificate of use requirement. Home occupations, as defined in the zoning code, shall not be required to obtain a certificate of use. Multi-family residential, group homes, and special residential care facilities are also subject to the certificate of use requirement.
New commercial establishments proposing to construct interior renovations must file for zoning approval of the use prior to or concurrently with the submittal of the building permit. The certificate of use shall be issued along with the certificate of occupancy with no additional fee.

9.2.2.2 Requirements. A separate certificate of use shall be obtained for each place of business and each separate commercial entity, including those sharing space within the same establishment. It shall be the duty of every person owning, operating, or purchasing any business within the city limits to comply with the requirements prior to opening any business, profession, or occupation within any building, structure, or location within the city. Existing businesses with nonconforming uses shall be required to provide documented evidence of their established date of operation.

9.2.2.3 Term of zoning certificate of use and transfer.

a.

Once issued, a certificate of use shall remain valid until there is a change of the use, business, business ownership, business name, or business location from that specified on the approved certificate of use, or in the case of a nonconforming use, an abandonment or change of the use, business, business ownership, business name, or business location from that specified on the approved certificate of use.

b.

When there is a change of the use, business, business ownership, business name, or business location from that specified on the approved certificate of use, a new certificate of use application shall be required. In the case of a nonconforming use of property, when there is an abandonment of the non-conforming use or a change in the use, business, ownership, business name, or business location from that specified on the approved certificate of use, a new certificate of use application shall be required.

9.2.2.4 Due date for payment of zoning certificate of use fee. Payment of the certificate of use fee shall be required prior to issuance.

9.2.2.5 Fees. The director shall collect the certificate of use fee, which shall be as provided in the city's adopted fee schedule.

9.2.2.6 Existing businesses; effective date. All existing businesses, professions, and occupations requiring a certificate of use, which hold a valid privilege license as of the effective date of this ordinance, shall be considered to have an active certificate of use.

9.2.2.7 Inspections. Any person applying for or obtaining a certificate of use shall be subject to an inspection of the place of business to ensure compliance with all zoning regulations, life safety code requirements, and all applicable local and state regulations. For the purpose of enforcing the provisions, inspectors designated by the director or the building official, shall have the right of inspection, provided that said inspection shall be reasonable and scheduled at the reasonable convenience of the applicant or certificate holder and the inspector. Failure to permit inspection of the premises shall be grounds for denial of a certificate of use application or revocation of an existing certificate of use.

9.2.2.8 Application procedures.

a.

Procedures for issuance. No zoning certificate of use shall be issued or granted to any person to engage in any business, profession, or occupation unless:

• An application is filed; a certificate of use application form, along with the established and required fee, documents, and plans, shall be submitted to the city by the applicant to the department; and

• There has been a site inspection of the applicant's business premises; and

• The department has reviewed and approved the zoning use classification; and

• The city has verified compliance with all applicable laws and regulations and has collected all applicable fees due to the city.

b.

Legality of use. In the event there is a question as to the legality of a use, the director, as appropriate, may require affidavits and such other information as he or she may deem appropriate or necessary to establish the legality of the use, before a certificate of use shall be issued.

• State license, certification, registration requirements. All businesses and professions regulated by the state must submit a copy of their current state license, certification, and/or registration, prior to the issuance of a certificate of use.

c.

Grounds for denial. The director, as appropriate, shall have the authority to deny a certificate of use application on the following grounds:

• That the applicant has failed to disclose or has misrepresented a material fact or any information required by this chapter in the application; and/or

• That the applicant desiring to engage in the business, profession, or occupation, as described in the application, has selected a proposed site or type of business activity, which does not comply with the city's zoning code; and/or

• That the applicant has failed to obtain a certificate of occupancy as required by this Code; and/or

• That the certificate of occupancy for the proposed location has been denied, suspended or revoked for any reason; and/or

• The issuance of a certificate of use is based on the applicant's compliance with specific provisions of federal, state, county or city law or ordinance, with respect to the specific use, and the applicant has violated such specific provisions; and/or

• The applicant has violated any provision of the city Code or zoning code, and has failed or refused to cease or correct the violation within 30 consecutive days after notification thereof; and/or

• The premises have been condemned by the local health authority for failure to meet sanitation standards or the premises have been condemned by the local authority because the premises are unsafe or unfit for human occupancy; and/or

• The applicant is delinquent in the payment of the applicable certificate of use fee, or is delinquent on any code compliance lien, special assessment lien and/or any other debt, fee, or obligation due to the city; and/or

• The applicant has been denied a privilege license, or the applicant's privilege license has been revoked within the last 12 non-calendar months (365 days); and/or

• The applicant failed to permit the require inspection by the city.

• Any person whose application has been denied as provided herein shall have the right to appeal in writing the to the board of alderman.

9.2.2.9 Revocation. The director, in consultation with the police chief, fire chief, and building official is granted the authority and charged with the duty to revoke or suspend any certificate of use as follows:

A certificate of use issued pursuant to this section may be revoked, suspended on any of the following grounds:

• The certificate holder has failed to disclose or has misrepresented a material fact or information required by this section in the application; or

• The certificate holder does not engage in the use described in the application or has changed the use without authorization through approval of a new certificate for the changed use, as required herein; or

• The certificate of occupancy for the business location has been denied, suspended or revoked for any reason; or

• The certificate holder has violated any provision and has failed or refused to cease or correct the violation after notification; or

• The premises have been condemned by the local health authority for failure to meet sanitation standards or the premises have been condemned by the local authority because the premises are unsafe or unfit for human occupancy.

9.2.2.10 Revocation procedure.

a.

The director shall issue a written notice of intent to revoke and/or suspend the certificate of use, which shall set forth the grounds upon which the notice is issued, the corrections necessary for compliance, and the certificate holder's right to request an administrative hearing in front of the board of alderman, and that said appeal must be taken within 30 calendar days of the service of said notice.

b.

The 30 calendar days shall be considered a warning period during which the noticed certificate holder may come into compliance as required herein. If compliance is achieved within said warning period, the director shall void the revocation proceeding and the certificate holder shall dismiss any pending appeal.

c.

The notice shall be sent U.S. certified mail, return receipt requested, to the address provided in the application or the last known address of the applicant. Alternate service may be made by delivery of the notice of hearing to the place of business and/or posting such notice.

d.

The request for an administrative appeal hearing before the board of alderman to appeal the revocation notice shall stay any revocation action, and the certificate of use shall remain in effect unless, within the sole discretion of the department, it is determined that the grounds for denial represent an immediate threat to the health, safety, and/or welfare of the public.

e.

Scheduling and conduct of hearing.

• At any time prior to the expiration of 30 days following the service of the notice of intent to revoke and/or suspend the certificate of use, the certificate holder may request, in writing, an administrative appeal hearing on the basis that s/he wishes to appeal the pending revocation notice. The hearing shall be conducted by the board of alderman.

• Upon the expiration of 30 days following the service of the notice of intent to revoke and/or suspend the certificate of use, and no such appeal having been filed, or upon the affirmation of the administrative revocation decision pursuant to the hearing before the board of alderman, the certificate of use shall be revoked and a new certificate of use shall not be issued. Upon revocation, the certificate holder shall immediately cease doing business in any location listed therein.

9.2.2.11 Additional violations. It shall be unlawful for a property owner to allow by lease, license, grant or other written or oral agreement, the use of any real property for the operation of a business without a valid and current certificate of use. Violations of this section shall be subject to prosecution and enforcement pursuant to section 9.13 of the zoning code.

9.2.3 Post permit issuance procedures. All building permits shall be posted in a prominent location at the site during the construction or during the use conversion. If site plans, drawings and specifications are required by this ordinance or other codes or ordinances, the approved plans and drawings shall also be open to inspection by the department of community development.

If, following the completion of construction, and following the final inspection by the building official, the structure conforms with the provisions of this ordinance and has been lawfully constructed in accordance with the approved and permitted construction drawings, a certificate of occupancy shall be issued.

If the application for a building permit and the plans filed therewith describe construction which does not conform to the requirements of this ordinance, the International Building Code and other pertinent laws or ordinances, the department of community development shall not issue a permit. Failure to notify the applicant, as soon as reasonably practical, shall entitle the applicant to submit his request to the mayor and board of aldermen. Such refusal shall always be in writing and shall contain reasons therefor. If plans are required in accordance with this ordinance or other codes and ordinances, one copy of said plans shall be returned to the applicant after the department of community development has marked such copy as "disapproved" and attested to same on each copy. The original and one copy of the plans, similarly marked, shall be retained by the department.

• Any building permit issued in accordance with this ordinance and the International Building Code shall become invalid unless the work authorized by it shall have been commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of one year after the time the work commenced; provided that, for cause, one or more extensions of time, for periods not exceeding 90 days, may be allowed in writing by the department of community development.

9.2.4 Certificates of occupancy required. All new structures or buildings, all major alterations of buildings or structures shall not be occupied or otherwise utilized until a certificate of occupancy has been issued by the department of community development. A certificate of occupancy shall be issued by the department of community development upon final inspection.

The department of community development shall maintain a record of all certificates of occupancy and a copy shall be furnished upon request to any person.

Failure to obtain a certificate of occupancy shall be a violation of this ordinance.

(Ord. of 12-4-17, § 1; Ord. of 4-6-20(1), Exh. A)

The Department of Community Development of the City of Brandon shall administer and enforce this zoning ordinance in accordance with the provisions herein including the following specifically enumerated duties:

a.

Maintain the official zoning map in good and useful condition and properly recording on the map all of the amendments to the ordinance that change the boundaries of the zoning ordinance.

b.

Provide application forms and other forms relating to this ordinance.

c.

Provide information to the public on matters relating to zoning.

d.

Receive and act on all applications for building permits and certificates of occupancy.

e.

Receive and act on all applications, plans or petitions requiring site plan review.

f.

Verify construction (or use conversion) performed under zoning-related permits to determine if the work (or use conversion) meets the requirements before issuing a certification of occupancy.

g.

Oversee the preparation and maintenance of a map or other recording process indicating nonconforming uses, structures and developed (or vacant) lots.

h.

Clear with other local, county, state, or federal agencies where such clearance is necessary in connection with zoning matters.

i.

Appear before the planning commission, site plan review committee and the mayor and board of aldermen to furnish information helpful to those bodies in carrying out their assigned functions.

j.

Make periodic checks for violations of this ordinance and notifying in writing the person responsible for violations of the ordinance, indicating the nature of the violation and ordering the action necessary to correct it. Such notification shall be by registered or certified mail or shall be delivered personally by the city.

k.

Initiate court action to prevent or halt violations of this ordinance.

l.

Advertise or cause to be advertised and public hearing as required by this ordinance. Keep records pertaining to zoning matters.

m.

Provide administrative interpretation of this ordinance.

9.3.1 Administrative interpretation. In the event there is a question as to the general intent or specific meaning of any provision of the comprehensive plan, zoning ordinance text, or of the boundaries or district designations or other matters relating to the official zoning map, the department of community development shall have the power to make such administrative decisions and interpretation provided that administrative interpretation shall in no manner be construed to include, or used in any way which would permit, the granting of a conditional use, dimensional variance, or zoning amendment the provisions for which use are given elsewhere in this ordinance.

9.3.2 Appeals.

• An administrative interpretation of this ordinance may be appealed.

• Appeals from an administrative interpretation shall be made as provided this ordinance.

The Brandon Planning Commission is hereby created under the laws of the State of Mississippi and appointed in accordance with this ordinance shall duly function to carry out the purposes of this ordinance.

The commission shall adopt such rules, not inconsistent with municipal ordinance or state law as necessary for the conduct of its affairs in keeping with the provisions of this ordinance. Notwithstanding other duties of the commission and any other rules which that body may adopt, the following shall apply:

a.

The planning commission shall meet on the fourth Monday of each month at 6:00 p.m., in the regular board meeting room at Brandon City Hall, 1000 Municipal Drive. Special meetings of the planning commission may occur at any other time called by the written notice of the chairman of the commission or the director of community development or his or her designee. Such special meetings shall occur at the regular meeting location of the planning commission unless otherwise designated in the notice but in no such event shall such special called meetings occur outside of Brandon City Hall. Notice of any special meeting shall be given to the members of the planning commission who have not signed it and who can be found, and the director of community development or his or her designee, if not signed by the director or his or her designee, who can be found, at least three hours before the time fixed for the meeting. The notice shall state the time of the meeting, the location of the meeting, shall distinctly specify the subject matters of business to be acted upon and shall be signed by the person calling the meeting. No business other than set forth in the special meeting notice shall occur at the special called meeting. Any recess meeting, adjourned meeting, interim meeting or called special meeting of the planning commission shall be posted within one hour of the meeting in a prominent place in Brandon City Hall available for inspection and examination by the general public. A copy of the notice shall be made a part of the minutes of the planning commission. The regular monthly meeting shall not be required in the event that there is not business to be conducted. Notice of cancellation of a regular monthly meeting for such reason shall be provided to the members of the commission by the director of community development or his or her designee within a reasonable time for the time for the regular meeting and shall be entered on the minutes of the planning commission at the next regular monthly meeting.

b.

The planning commission shall elect its own chairman, vice-chairman, and secretary from among the members.

c.

No member of the planning commission shall participate in the hearing of the singular item nor vote on any matter before the commission in which he has a personal financial interest.

d.

All matters relating to and in keeping with the provisions and interest of this ordinance shall be reviewed by the planning commission in meetings open to the public. The commission shall make a written statement of its findings in each instance which shall be a recommendation to the mayor and board of aldermen to grant, deny, or modify, in whole or in part, any request, application, proposed amendment to the zoning ordinance, or any other matters as may be referred to the commission by the mayor and board of aldermen.

e.

The planning commission shall keep minutes of its proceedings showing the members present, or if absent or failing to vote, indicating such fact; and shall keep records of its examination and other official actions, all of which shall be a public record and copies thereof shall be filed with the city clerk as soon as reasonably practical following each meeting of the commission. The city clerk shall be responsible for forwarding copies of such minutes to the department of community development and mayor and board of aldermen.

f.

All items to be discussed by the planning commission shall be placed on an agenda.

g.

In accordance with MCA 1972, § 25-41-5, all meetings of the planning commission shall be open to the public at all times unless an executive session is declared as provided in MCA 1972, § 25-41-7. Voting by the planning commission on all matters coming before that body shall be held in public except for voting during executive sessions as provided above.

h.

All members are required to regularly attend the meetings of the planning commission. Any member who misses three consecutive meetings or five or more meetings in any calendar year shall be removed from the planning commission, provided the absences are not beyond the reasonable control of the planning commission member for reasons of illness or injury. The planning commission minutes shall reflect the attendance of the members and others present. Any vacancy shall be filled as provided herein.

i.

Action by the planning commission shall occur by a majority vote of the members present at any regular session or duly called meeting wherein the matter is presented for consideration and action.

j.

Each member of the planning commission shall be paid a per diem of $50.00 for each day or portion thereof spent in the performance of his duties; however, no member of the planning commission shall be paid more than $120.00 in the aggregate per month.

The mayor and board of aldermen of the City of Brandon shall have the final authority to approve, deny, modify or otherwise change applications for amendments (to the text or official zoning map), appeals, variances, conditional uses and any other provisions of this ordinance.

The duties of the mayor and board of aldermen shall include, but not necessarily be limited to:

• Administrative review under which the mayor and board of aldermen hears and decides appeals from actions of the department of community development.

• Acting upon requests for conditional use permits, variances and zoning amendments (i.e., amendments to the zoning ordinance text or the official zoning map).

• Taking action upon applications for building permits and site plan review permits which the department of community development did not act upon during the time limit.

• Holding all public hearings on matters related to and keeping with the provisions of this ordinance.

Appointment of the planning commission:

• The planning commission shall consist of five members who shall be residents of the city and shall be appointed by the mayor and confirmed by majority vote of the board of aldermen.

• A member shall serve at the will of the mayor and board of aldermen and may be removed by a majority vote of the members of the board of aldermen at any time.

• Members may be reappointed for successive terms any number of times.

• Vacancies caused by removal or other cause shall be filled as provided herein, except that in the event vacancies occur wherein the planning commission has less than three members to attend a meeting of the planning commission, the mayor is authorized to make interim appointments to fill such vacancies. Such interim appointments shall be in writing and shall be entered in the minutes of the planning commission and the board of aldermen. Interim appointments shall be presented for confirmation at the next regular meeting of the board of aldermen. If an interim appointee is not confirmed at said meeting, the interim appointment shall be terminated at that time. Notice of such action shall be entered in the minutes of the planning commission.

(Ord. of 4-6-20(1), Exh. A)

Where the strict application of this ordinance would result in peculiar and exceptional practical difficulties to or exceptional hardship upon the owner of such property, the board of aldermen, upon recommendations by the planning commission, shall conduct a public hearing on applications for dimensional variances, and is empowered to grant approval of such dimensional variances from the strict application so as to relieve such difficulties or hardships. Examples of such difficulties or hardships include exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the original adoption of this ordinance; or by reason of the location of trees, natural drainage course, lakes, or other desirable or attractive features, which condition is not generally prevalent in the neighborhood.

9.6.1 Requirements for granting variances. Any person desiring a dimensional variance from the terms of this ordinance shall submit a written application (on a form furnished by the zoning administrator) demonstrating compliance with all of the following; a variance shall not be granted unless the applicant demonstrates:

• That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings, in the same district.

• That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.

• That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same zoning district.

9.6.2 Existence of nonconforming uses not grounds for variance.

• The existence of nonconforming uses of neighboring lands, structures, or buildings in the same zoning district shall not be considered grounds for granting a variance.

• Furthermore, the existence of permitted or nonconforming use of lands, structures, or buildings in other districts shall not be considered grounds for issuance of a variance.

9.6.3 When a site plan shall be required. If the zoning administrator feels that more information is needed than is included on the plot diagram submitted with an application for a building permit, then a site plan shall be submitted with an application for a dimensional variance.

9.6.4 Public hearing required. A public hearing shall be held in accordance with section 9.10 of this ordinance for all proposed dimensional variances.

9.6.5 Required findings.

• No variance shall be issued until the board of aldermen has made a finding that the reasons set forth in the application justify the granting of the variance, and that the variance constitutes the minimum allowable deviation from the dimensional regulations of this ordinance in order to make possible the responsible use of the land, building or structures.

• No variance shall be granted until the board of aldermen has made a finding that the granting of the dimensional variance will be in harmony with the general purpose and intent of this ordinance, and that the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

9.6.6 Conditions and safeguards may be prescribed with dimensional variances.

• In granting any dimensional variance, the board of aldermen may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under section 9.13.

• If such conditions and safeguards are imposed by the board of aldermen in granting a variance, the applicant shall be required to sign an agreement whereby he/she accepts those conditions and safeguards (which shall be specified in the agreement). This instrument shall be in a form recordable in public land records.

9.6.7 Granting of a "use variance" prohibited. Under no circumstances shall the board of aldermen issue a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district.

9.6.8 Administrative variance. At the discretion of the director, an administrative variance may be granted to the dimensional terms of this ordinance under the following conditions:

• The request for an administrative adjustment is submitted in writing by the property owner setting out the reasons for the request.

• The requested variance constitutes no more than a ten-percent deviation from a dimensional requirement of this ordinance.

• After review, the director makes written findings demonstrating that the granting of such administrative variance is consistent with the intent of the comprehensive plan, the request is not contrary to the public interest, and the request does create negative impacts on any surrounding property or development condition.

(Ord. of 4-6-20(1), Exh. A)

9.7.1 The mayor and board, after recommendation by the planning commission, shall decide whether or not proposed conditional uses authorized under this ordinance should be granted.

9.7.2 Requirements for granting a conditional use or conditional use permit. Any person desiring a conditional use shall submit a written application indicating the section in the ordinance under which the conditional use is sought and stating the grounds on which it is requested. The mayor and board of aldermen shall not grant a conditional use unless satisfactory provision and arrangement has been made concerning all of the following:

a.

Ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

b.

Off-street parking and loading areas.

c.

Refuse and service areas.

d.

Utilities, with reference to locations, availability, and compatibility.

e.

Screening and buffering with reference to type, dimensions, and character.

f.

Required yards and other open space.

g.

General compatibility with adjacent properties and other property in the district.

h.

Any other provisions deemed applicable by the mayor and board of aldermen.

9.7.3 Site plan required. All conditional use applications are required to submit a site plan in accordance with section 9.9.

9.7.4 Public hearing required. A public hearing shall be held for all proposed conditional uses in accordance with section 9.10.

(Ord. of 4-6-20(1), Exh. A)

9.8.1 Although amendments to the Brandon Zoning Ordinance are ordinarily proposed only by the mayor and board of aldermen on their own motion, such amendments to the text or official zoning map (i.e., a rezoning) may be initiated by any person or his duly authorized representative filing an application for same with the department of community development.

9.8.2 If the proposed amendment is an application for rezoning, said application shall include a legal description of the property involved, the exact nature of the proposed change, the grounds upon which rezoning is requested, and such other information as may be required to determine the merits of the application. If determined by the department of community development in coordination with other city officials (i.e., the public works director, fire chief, city clerk, etc.) that a detailed site plan is necessary for review of the requested rezoning, a site plan shall be submitted in accordance with section 9.9.

9.8.3 In all cases involving an amendment to this ordinance, notice of public hearing shall be given as required by this ordinance, and the public hearing shall be held in accordance with the procedures specified. Following action by the mayor and board of aldermen approving a request for rezoning, a notice of such rezoning shall be published in accordance with the procedures specified.

9.8.4 No amendment shall be made by the mayor and board of aldermen to the ordinance text or the official zoning map unless the proposed amendment complies with one or more of the following criteria:

• The amendment will correct a manifest error in the ordinance.

• The amendment to the official zoning map is necessary because of changing conditions within the city, new development patterns or annexation.

• The amendment will more suitably promote and protect the public health, safety and welfare than the existing district boundaries which said amendment would replace.

9.8.5 Approval limitations.

a.

Any land which has been rezoned (including PUD overlay designations) but on which development has not begun within two years may be brought back before the planning commission and mayor and board of aldermen for reconsideration.

b.

The board may revoke such rezoning based on failure to follow through with the plan as submitted with the rezoning request.

(Ord. of 4-6-20(1), Exh. A)

Site plan review shall be required for all development and construction under the following procedures:

9.9.1 Sketch plat. Prior to filing an application for approval of a site plan and/or building plan, the applicant shall meet and consult informally with the director of community development and the public works director or their designees. This meeting will give the applicant an opportunity to secure guidance as to what will be required before incurring the expense of making a detailed site plan.

9.9.2 Site plan review committee established. The site plan review committee is hereby established and shall consist of the director of community development, director of public works, fire chief, city engineer and a representative of the mayor and board of aldermen. Any member of the site plan review committee may appoint a designee. The site plan review committee will consult with other city officials as necessary.

a.

Design professional. The mayor and board of aldermen shall appoint a qualified design professional for the purpose of advising the site plan review committee. The mayor and board of aldermen shall establish the compensation allowable to the architectural advisor.

9.9.3 Approval of plans; waiver.

a.

When required, no structure, building or other improvement, or other major landscape features surrounding such building, structure or improvement, located on any land within the city shall be erected, reconstructed, altered or restored until the plans for such erection, reconstruction, alteration or restoration shall have been approved by the site plan review committee and ratified by the mayor and board of aldermen.

b.

The provisions of this division shall not apply to the regular maintenance of such building, structure or improvement as opposed to the reconstruction, alteration or restoration. For the purposes of this section, the repainting of a structure or building which results in the complete change of color of the structure or building, or a substantial portion thereof, shall be deemed an alteration and not regular maintenance.

c.

The site plan review committee, after hearing the evidence in any case properly before it involves reconstruction or alteration only, may waive the requirements of this division upon a written finding that the application involves reconstruction or alteration only and will not materially affect the exterior appearance of the structure involved.

9.9.4 Application for approval.

a.

Application for site plan approval for the construction, reconstruction, alteration or restoration of any building or where any exterior alterations, remodeling or repairs, including, but not limited to, painting and color of exterior surfaces shall be submitted to the department of community development, and shall be accompanied by:

• An architectural rendering (perspective and/or elevation) and plans of all buildings and structures, showing the style of architecture, and such rendering shall be prepared in accordance with the requirements of the city's building code. All colors, materials and finishes shall be shown by notation or by use of accepted architectural symbols.

• The proposed site plan which complies with all other ordinance provisions of the city for site plans, including a landscaping plan.

• A vicinity map and renderings or photographs of all development on immediately adjacent properties; and

• The applicant may submit such additional material in writing, and graphically, as appropriate. For the purposes of this division, no site plan shall be required where no change is proposed in any external dimension or the location of any existing structure.

b.

Upon filing of an application the director of community development or their designee, after determining that the requirements have been satisfied, shall, within a reasonable time after such determination, forward the application to the site plan review committee.

c.

The site plan review committee shall evaluate the application with respect to compliance with all applicable standards, requirements and other applicable municipal ordinances and state and federal laws. The site plan review committee shall render a decision recommending approval, modification or denial of the application to the mayor and board of aldermen.

9.9.5 Decisions.

a.

In all final decisions rendered pursuant to this article, the site plan review committee shall briefly state its findings in writing, and, in the case of disapproval, it may make recommendations to the applicant with respect to the design, texture, material, color, line, mass, dimension or lighting of the building involved. In case of disapproval, accompanied by such recommendations thereon, the applicant may again be heard before the site plan review committee if, within 90 days, the applicant can comply with all such recommendations.

b.

Approval by the site plan review committee of any application shall not be final until ratified by the mayor and board of alderman. The department of community development shall cause the written decision of the site plan review committee to be placed upon the agenda for the next regular meeting following the issuance of the written decision.

9.9.6 Appeals; hearing. Whenever the site plan review committee shall, in a decision, approve, disapprove or waive jurisdiction over any application filed pursuant to this division, the applicant, or any other person with justifiable cause, shall be entitled to appeal such decision and be heard before the mayor and board of aldermen provided that there is filed with the city clerk, on or before seven days after the decision of the site plan review committee, by the appellant, a notice in writing of such appeal.

9.9.7 Appeals to circuit court. Parties aggrieved by the final decision of the mayor and board of aldermen, shall have the right to appeal to the circuit court of the county in the same manner and form as is required for any other appeal of actions of the board of aldermen.

9.9.8 Deviations from approved plans prohibited.

a.

Any person who once having obtained the approval required by this section deviates substantially from the approved plan shall be guilty of a misdemeanor.

b.

The building official, upon his determination of substantial deviation, shall issue a stop work notice on the building permit. Work shall not be permitted to continue, unless it is continued under substantial compliance with the terms of the approval.

9.9.9 Approval limitations.

a.

Once a variance, conditional use, or site plan and architectural approval has been granted which involves the construction, alteration, installation or modification of any structure in any district, the building permit, commercial or residential, must be obtained within 180 days from the date of approval or will otherwise be required to be brought back before the mayor and board of aldermen for reconsideration.

b.

Following permit issuance, work must begin with 180 days of the permit issuance.

c.

If the work authorized by such permit is suspended or abandoned for a period of one year after the time the work commenced, the permit and the associated variance, conditional use or site plan and architectural approval shall become invalid based on failure to follow through with the plan submitted with the request. Work shall be considered suspended/abandoned if no inspections have been requested.

(Ord. of 4-6-20(1), Exh. A)

In accordance with the provisions previously established in this ordinance, public hearings shall be conducted by the mayor and board of aldermen following recommendation[s] by the planning commission on the following matters:

a.

All variances.

b.

Conditional uses.

c.

All amendments to the text of the zoning ordinance or amendments to the official zoning map (i.e., rezoning).

9.10.1 Public hearing notice in a newspaper required. Whenever a public hearing is required by this ordinance, notice of such hearing shall be given by publishing a notice to all interested persons one time at least 15 days prior to the date fixed for said hearing, such notice to be published in an official paper or newspaper of general circulation in the City of Brandon, specifying the date, time and place for said hearing. Such notices shall be published in accordance with the following format or a format determined by the mayor and board of aldermen:

a.

For variances.

NOTICE OF ZONING HEARING

NOTICE IS HEREBY GIVEN TO THOSE PARTIES IN INTEREST THAT THERE WILL BE A HEARING ON (DATE), AT (TIME), AT THE CITY HALL, BRANDON, MISSISSIPPI, FOR THE PURPOSE OF DETERMINING WHETHER OR NOT A VARIANCE SHALL BE GRANTED TO THE OWNERS OF THE FOLLOWING DESCRIBED PROPERTY LOCATED IN THE CITY OF BRANDON, MISSISSIPPI:

(INSERT PROPERTY DESCRIPTION HERE)

(NAME OF CITY CLERK)

b.

For conditional uses.

NOTICE OF ZONING HEARING

NOTICE IS HEREBY GIVEN TO THOSE PARTIES IN INTEREST THAT THERE WILL BE A HEARING ON (DATE), AT (TIME), AT THE CITY HALL, BRANDON, MISSISSIPPI, FOR THE PURPOSE OF DETERMINING WHETHER OR NOT A CONDITIONAL USE SHALL BE GRANTED FOR (REQUEST) TO THE OWNERS OF THE FOLLOWING DESCRIBED PROPERTY IN THE CITY OF BRANDON, MISSISSIPPI:

(INSERT PROPERTY DESCRIPTION HERE)

(NAME OF CITY CLERK)

c.

For an amendment to the text of the zoning ordinance:

NOTICE OF ZONING HEARING

NOTICE IS HEREBY GIVEN TO THOSE PARTIES IN INTEREST THAT THERE WILL BE A HEARING ON (DATE), AT (TIME), AT THE CITY HALL, BRANDON, MISSISSIPPI, FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE FOLLOWING AMENDMENTS SHALL BE MADE TO THE ZONING ORDINANCE OF THE CITY OF BRANDON, MISSISSIPPI:

(INSERT PROPOSED AMENDMENTS TO THE ZONING ORDINANCE HERE)

(NAME OF CITY CLERK)

9.10.2 Changes. In accordance with MCA 1972, § 17-1-15, the governing authorities of the city are authorized to provide for the manner in which the comprehensive plan, zoning ordinance (including the official zoning map) subdivision regulations and capital improvements program shall be determined, established and enforced, and from time to time, amended, supplemented or changed. However, no such plan, ordinance (including zoning boundaries), regulations or program shall become effective until after a public hearing, in relation thereto, at which parties in interest, and citizens, shall have an opportunity to be heard. At least 15 days' notice of the time and place of such hearing shall be published in an official paper, or a paper of general circulation, in the city.

9.10.3 Posting of property. Any request for rezone, conditional use, or dimensional variance which is initiated by a property owner, or the property owner's designee, shall post notice on the subject property. The notice to be posted on the property involved shall consist of a sign with letters legible from the nearest street, using at least one sign for every 400 feet of frontage on a publicly dedicated street upon which the property abuts. The following format or a format determined by the mayor and board of aldermen shall be used for these signs:

 PUBLIC NOTICE
ZONING ACTION

 A PUBLIC HEARING WILL BE HELD CONCERNING THIS PROPERTY. FOR INFORMATION CONTACT THE CITY OF BRANDON.

9.10.4 Notice to adjacent property owners. Any request for rezone, conditional use, or dimensional variance which is initiated by a property owner, or the property owner's designee, shall provide notice of said request to the adjacent property owners. Notice of zoning changes shall be mailed postage paid certified receipt requested to all owners of property adjacent to the property described in the application within 15 days prior to the public hearing. The notice shall be in the same form as that required to be published. The address used for said mailing shall be the same as shown on the Rankin County tax records.

9.10.5 Protest. In accordance with MCA 1972, § 17-1-17, in case of a protest against a change, signed by the owners of 20 percent or more, either of the area of the lots included in such proposed change, or of those immediately adjacent to the rear thereof, extending 160 feet therefrom or of those directly opposite thereto, extending 160 feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fifths of the members of the board of aldermen of the city who are not required by law or ethical considerations to recuse themselves.

(Ord. of 4-6-20(1), Exh. A; Ord. of 8-16-21(1))

9.11.1 Schedule of fees. The mayor and board of aldermen shall establish a schedule of fees for the issuance of building permits, change of use permits, sign permits, the processing of all site plans required and the processing of applications for variances, conditional uses and zoning amendments. Said schedule of fees shall be maintained in the office of the city clerk, who shall be responsible for their collection.

9.11.2 Payment required. No action or processing shall be taken on any application until all applicable fees, charges and expenses have been paid in full.

9.11.3 Fees not refundable. No fees or other monies paid in conjunction with zoning related matters shall be refunded.

9.12.1 Appeals to the mayor and board of aldermen. Any person aggrieved by a decision by the department of community development or other authorized officer or by a statement of findings issued by the planning commission, or site plan review committee may appeal the decision or statement of findings to the mayor and board of aldermen. The procedure shall be as follows for all appeals:

a.

Appeals may be submitted directly to the mayor and board of aldermen.

b.

Appeals shall contain a copy of the original application for a permit or certificate which is being appealed, a statement of the reason for appeal, and other data as may be requested by the mayor and board of aldermen.

Editor's note— Ordinance adopted April 6, 2020(1), Exh. A, repealed § 9.13, which pertained to alternative compliance.

9.14.1 Penalties for violation of this ordinance.

a.

Any person or corporation who shall violate any of the provisions of the city's zoning ordinance or fails to comply herewith with any of the requirements of the city's zoning ordinance or the provisions thereof, or who shall engage in any conduct or build or alter any building in violation of the provisions of the city's zoning ordinance and/or any detailed statement or plan submitted and approved pursuant to the provisions of the city's zoning ordinance shall be deemed guilty of a misdemeanor and shall be fined not more than $1,000.00 or sentenced 90 days in jail or both.

b.

Each day such violation shall be found to exist shall constitute a separate offense for which the court may assess, for each such separate violation, the maximum fine and/or sentence or both as provided herein.

c.

The owner or owners of any corporation, limited liability company, partnership or other entity, of any building or premises or part thereof where anything in violation of the city's zoning ordinance shall be placed or shall exist, and any architect, builder, contractor, individual person or corporation, limited liability company, partnership or other entity acting in connection therewith or who may have assisted in the commission of any such violation shall be deemed guilty of a separate offense and upon conviction shall be fined and/or sentenced as herein provided.

9.14.2 Legal action or proceedings instituted by the department of community development. In case any building or structure is created, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this ordinance, the department of community development, in addition to other remedies, may institute any appropriate action or proceedings in the name of the City of Brandon, Mississippi, to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation to prevent the occupancy of such building, structure or land, or to prevent any illegal act, conduct or use in or about said premises.

9.14.3 Penalty assessed by the department of community development for violations of this ordinance.

a.

In case any building or structure is created, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this ordinance, or any of the ordinances of the city pertaining to building and construction, including but not limited to any of the construction codes adopted by the city, the department of community development, in addition to any other remedies, may assess a penalty of $500.00 for each such violation and may withhold the processing of any application, the issuance of any permit or certificate of occupancy, and may refrain from performing inspections or other action with respect to the same unless and until said penalty is paid in full.

b.

Any person aggrieved by the assessment herein, may appeal the same, after first paying the same in full, to the governing authorities within ten days of payment of the same, by providing a written objection to the department of community development describing in detail the reasons why the penalty should not have been assessed. Thereafter, the governing authorities at the next regular board meeting following the receipt of such objection, shall either affirm or reverse the assessment, and shall state the reasons for such action in the minutes thereof.