The zoning administrator shall enforce this chapter, and is hereby given the authority and responsibility to enforce all provisions of this chapter under the direction of the city manager which includes but is not limited to the following duties:

(a)

To serve as a liaison between the Cairo Planning Commission and the mayor and city council keeping each body advised of pending actions pertaining to zoning.

(b)

To serve as a non-voting ex-officio member of the Cairo Planning Commission to provide technical assistance in matters relating to zoning requests.

(c)

To maintain in a timely and current manner the official zoning map reflecting thereon any and all rezoning amendments approved by mayor and council. Amendments of the official zoning map will be recorded by the zoning administrator within seven (7) calendar days following approval of such action by mayor and city council.

(d)

To perform any other zoning duties as directed by mayor and city council and city manager.

(Ord. No. 548, § 24.01, 1-8-01)

The following shall apply in the issuance of any permits:

(a)

Permits required. It shall be unlawful for any person to commence excavation for, or construction of any building structure, or moving of any existing building without first obtaining a building permit from the building official. No permit shall be issued for the construction, alteration or remodeling of any building or structure until an application has been submitted in accordance with the provisions of this chapter, showing that the construction proposed is in compliance with the provisions of this chapter and with the building codes.

No plumbing, electrical, drainage or other permit shall be issued until the building inspector has determined that the plans and designated use indicate that the structure and premises, if constructed as planned and proposed, will conform to the provisions of this chapter.

(Ord. No. 548, § 24.02, 1-8-01)

It shall be unlawful to use or permit the use of any land, building or structure for which a building permit is required, and to use or permit to be used any building or structure hereafter altered, extended, erected, repaired, or moved, until the building inspector has issued a certificate of occupancy stating that the provisions of this chapter have been complied with.

(a)

Certificate validity. The certificate of occupancy as required for new construction of, or renovations to existing buildings and structures, in the building code, shall also constitute certificates of occupancy as required by this chapter.

(b)

Certificates for existing buildings. Certificates of occupancy shall be issued for existing buildings, structures or parts thereof, or such use of land, are in conformity with the provisions of this chapter.

(c)

Temporary certificates. Temporary certificates of occupancy may be issued for a part of a building or structure prior to the occupation of the entire building or structure, provided that such temporary certificate of occupancy shall not remain in force more than six (6) months, nor more than five (5) days after the building or structure is fully completed and ready for occupancy and, provided further, that such portions of the building or structure are in conformity with the provisions of this chapter.

(d)

Records of certificates. A record of all certificates of occupancy shall be kept in the office of the building official, and copies of such certificates of occupancy shall be furnished upon request to a person or persons having a proprietary or tenancy interest in the property involved.

(e)

Certificates for accessory buildings to dwellings. Accessory buildings or structures to dwellings shall not require a separate certificate of occupancy, but rather may be included in the certificate of occupancy for the principal dwelling, building or structure on the same lot when such accessory buildings or structures are completed at the same time as the principal use.

(f)

Application for certificates. Certificates of occupancy shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or alteration of such building shall have been completed in conformity with the provisions and requirements of this chapter. If such certificate is refused for cause, the applicant therefor shall be notified of such refusal and the cause thereof within ten (10) days.

(Ord. No. 548, § 24.03, 1-8-01)

Fees for inspections and the issuance of permits or certificates or copies thereof required or issued under the provisions of this chapter shall be collected by the building official in advance of the issuance of such permits or certificates.

The amount of such fees shall be established by the mayor and city council, from time to time, and shall cover the cost of inspection and supervision resulting from the enforcement of this chapter. The fees shall be deposited with the zoning administrator.

(Ord. No. 548, § 24.04, 1-8-01)

The mayor and city council may amend, supplement or change the regulations of the district boundaries of this chapter as established herein. The procedure for submitting a request for an amendment to the zoning chapter text or district boundaries of the official zoning map shall be as follows:

(a)

The applicant shall complete and submit to the zoning administrator a rezoning application not less than thirty (30) days prior to the next scheduled planning commission meeting.

(b)

At the time of application submittal, the applicant shall deposit the appropriate fee amount with the zoning administrator to cover the cost of processing the application.

(c)

Within ten (10) days of the next scheduled planning commission meeting, the zoning administrator shall compile all of the rezoning requests for the next scheduled meeting. This agenda shall be mailed to all planning commission members.

(Ord. No. 548, § 24.05, 1-8-01)

The following policies and procedures are herein established to provide guidelines for the following zoning activities:

(a)

The adoption of a new city zoning ordinance.

(b)

The adoption of an amendment to the zoning ordinance which changes the text of the zoning ordinance (text amendment).

(c)

The adoption of an amendment to a zoning ordinance (map amendment) which rezones property from one zoning classification to another.

(d)

The procedural requirements for zoning amendments sponsored by the City of Cairo.

(e)

The procedural requirements for zoning amendments sponsored by a private citizen or property owner.

(Ord. No. 548, § 24.06, 1-8-01)

(a)

In the case of developing an initial zoning plan (map and text), or updating or amending an existing zoning plan, the Cairo Planning Commission and the mayor and city council will, where appropriate, utilize any new or existing land use studies, land use plans or other relevant documents as a resource for ordinance development or ordinance amendment.

(b)

Upon the completion of a preliminary zoning document(s) by the planning commission and after the draft document has been presented to and reviewed by the mayor and city council, public hearings will be scheduled by both the Cairo Planning Commission and the mayor and city council, respectively. The official public hearing will be held by mayor and city council, and public notice will be given no less than fifteen (15) days nor more than forty-five (45) days prior to the official hearing date.

(c)

Public hearing notices will be published in the local paper. The public notice will state the time, place, and purposes of the hearing.

(d)

When the boundary lines of an established zoning district are proposed for change, (rezoning) the mayor and city council shall have the Cairo Planning Commission prepare an evaluation of each such proposed rezoning considering each of the following factors:

ZONING CRITERIA

(1)

Existing uses and zoning of nearby property.

(2)

The extent to which property values are diminished by the present zoning restrictions.

(3)

The extent to which the destruction of property values, resulting from existing zoning of specific parcels promotes the health, safety, morals or general welfare of the public.

(4)

The relative gain to the public, as compared to the hardship imposed upon the individual property owner by the proposed zoning classification.

(5)

The suitability of the subject property for the zoning purposes as proposed.

(6)

The length of time the property has been vacant under the present zoning classification, considered in the context of land development in the area in the vicinity of the property.

(7)

Conformity with or divergence from the city's land use plan.

(e)

The public hearings will be convened at the advertised time and place and will be presided over by the appropriate officials.

(f)

The presider of each respective public hearing will review for those present, the following operating procedures for the public hearing:

(1)

In order for a person in attendance to speak, the chair must recognize him/her. The person recognized will identify himself/herself. The chair may also request that the person furnish a home or business street address, as appropriate.

(2)

A minimum of ten (10) minutes per side (proponents and opponents) will be allowed for discussion. The applicant or an authorized representative of the applicant will be given the option of speaking first at the hearing.

(3)

Additional persons will be recognized per the above procedure for the purpose of addressing additional concerns of the revisions or to make additional points with regard to elements already addressed, but not to rehash points already made.

(4)

Appropriate notes or minutes will be recorded by the mayor and city council and the planning commission at their respective public hearings.

(g)

The Cairo Planning Commission shall prepare and submit the necessary minutes, evaluations and or recommendations to the mayor and city council prior to the mayor and city council's public hearing.

(h)

The mayor and city council, at its official public hearing, will review the evaluations and recommendations from the planning commission and may choose to adopt or reject or modify the planning commission recommendations, or the business may be tabled for additional study to the next regular council meeting with the consent of the applicant.

(Ord. No. 548, § 24.07, 1-8-01)

(a)

An application for rezoning must be filed with the zoning administrator at City Hall on a prescribed form and a fee of two hundred dollars ($200.00) paid.

(b)

All applications for rezoning requests will be accompanied by a plat of the parcel in question or a legal description. If the parcel's boundaries conform to the lot boundaries within an existing subdivision for which a plat is recorded in the land records of the county, then the lot block, and subdivision designation with appropriate plat references and a copy of the deed to the land so described as required above.

(c)

The zoning administrator will inform applicant of the public hearing dates. Although, the Cairo Planning Commission will convene a public hearing on each proposal, the official public hearing will be held by the mayor and city council and public notice will appear no less than fifteen (15) days nor more than forty-five (45) days of the official public hearing.

(d)

The public hearing notice will name the applicant, the location of property to be affected, the present zoning classification, the proposed zoning class and the date, time and place of both the planning commission public hearing and the public hearing held by the mayor and city council.

(e)

The zoning administrator shall have erected upon the property for which rezoning is to be considered a sign of no less than seventeen by twenty-four (17 × 24) inches announcing the public hearings, stipulating the dates, times, and places for the two (2) hearings, the present zoning classification and the proposed zoning classification. The sign shall be clearly visible from a public street. It shall be erected not less than fifteen (15) days before the public hearing date.

(f)

The public hearing held by the planning commission will follow essentially the same meeting procedures as that of the mayor and city council, as provided for in section 22-427(f) through (h).

(g)

Any application for rezoning of a particular parcel of property which is denied by the mayor and city council may not again be considered for rezoning until the expiration of at least twelve (12) months immediately following the first defeat of the rezoning request; then may not again be considered until the expiration of at least sixty (60) months immediately following the defeat any subsequent rezoning request.

(h)

When a proposed zoning relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency, a public hearing shall be held on the proposed action. Such public hearing shall be held at least six (6) months and not more than nine (9) months prior to the date of final action on the zoning decision. A notice shall be posted on the affected premises in the manner prescribed by this Code section. The published public hearing notice shall include a prominent statement that the proposed zoning decision relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency.

(Ord. No. 548, § 24.08, 1-8-01; Ord. No. 554, § 1, 3-26-01; Ord. No. 642, § 13, 8-14-06)

The planning commission shall hear and recommend after a public hearing conditional uses as authorized. The application to establish a conditional use shall be approved on finding by the mayor and city council that:

(a)

The proposed use will not be contrary to the purpose of this chapter.

(b)

The proposed use will not be detrimental to the use of development of adjacent properties or the general neighborhood not affect adversely the health and safety of residents and workers.

(c)

The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, vehicular movement, noise or fumes generation, or type of physical activity.

(d)

The proposed use will not be affected adversely by the existing uses; and the proposed use will be placed on a lot of sufficient size to satisfy the space requirements of said use.

(e)

The parking and all development standards set forth for each particular use for which a permit may be granted have been met.

(f)

Provided, that the city council may impose or require such additional restrictions and standards as may be necessary to protect the health and safety of workers and residents in the community, and to protect the value and use of property in the general neighborhood; and provided that wherever the city council shall find, in the case of any permit granted pursuant to the provisions of these regulations that any term, conditions or restrictions upon which such permit was granted, are not being complied with, said council shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a hearing.

(Ord. No. 548, § 24.09, 1-8-01)

The planning commission shall have the power to authorize upon appeal such variance from the terms of this chapter as will not be contrary to the public interest, where a literal enforcement of the zoning requirements would result in undue hardship.

(1)

Procedure: Applications for variance shall be filed with the office of the zoning administrator; such applications must be filed thirty (30) days before the date of the following planning commission meeting in order that the required public notice may be given before the next scheduled meeting. Each application shall be accompanied by a simple sketch of the site, showing the following:

a.

General location of the existing structures and property lines; and

b.

Location of the proposed buildings and land uses; and

c.

Setbacks if applicable to the request.

(2)

Public hearing: A public hearing shall be held by the planning commission for the review of an application for a variance. Notice of time and place of such hearing shall be published at least fifteen (15) days before the hearing in a newspaper of general circulation in the City of Cairo.

(3)

Fee: Each application for a variance shall be accompanied by an application fee of fifty dollars ($50.00) to partially defray administrative costs.

(4)

Conditions and limitations: The planning commission shall include any condition, requirement, or limitation which may be necessary to protect adjacent properties and to carry out the provisions of this chapter.

(Ord. No. 548, § 24.10, 1-8-01; Ord. No. 554, § 1, 3-26-01)

The following criteria shall be utilized when considering specific cases where the variance from the terms of the zoning ordinance will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the zoning ordinance will, in an individual case, result in unnecessary hardship so that the spirit of this chapter [the zoning ordinance] shall be observed, public safety and welfare secured and substantial justice done. Such a variance may be granted in such individual cases of unnecessary hardship upon the finding of the planning commission that:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question and because of its size, shape or topography; and

(2)

The application of this chapter to this particular piece of property would create an undue hardship; and

(3)

Such conditions are particular to the particular piece of property involved and not the making of the applicant; and

(4)

Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of this chapter, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this chapter; and

(5)

The proposed use will be of such location, size, and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood; and

(6)

The proposed use will be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved; and

(7)

The location, size, intensity, site layout and periods of operation of any such proposed use will be designed to eliminate any possible nuisance emanating from the use which might be noxious to the occupants of any other nearby permitted uses whether by reason of dust, noises, fumes, vibration, smoke, or lights; and

(8)

The location and height of buildings or structures and the location, nature and height of walls and fences will be such that the proposed use will not interfere with or discourage appropriate development and the use of adjacent land and buildings or unreasonably affect their value.

(Ord. No. 548, § 24.11, 1-8-01)

An appeal by a person, firm, or corporation, or by any officer, department, board or bureau may be taken to the mayor and city council where it [is] alleged that there is an error in any order, requirement, decision or determination made by the office of the zoning administrator or other administrative official in the enforcement and interpretation of this chapter. Such appeals shall be made within thirty (30) days of the administrative action by filing with the Cairo Zoning Administrator and the mayor and city council a notice of appeal specifying the grounds thereof. If the notice of appeal is not filed within thirty (30) days, the only recourse shall be a court of record.

The zoning administrator shall then transmit to the mayor and city council all of the papers constituting the record upon which the action appealed was taken. The appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the mayor and city council that after the notice of appeals has been filed, that by reason of the facts stated in the notice, a stay would in the zoning administrator's opinion, cause immediate peril to life or property, in which case the proceedings shall not be stayed, other than by a restraining order, which may, be granted by a court of record.

The mayor and city council shall fix a reasonable amount of time for the hearing of an appeal and shall give due notice to the parties concerned including all landowners within three hundred (300) feet of the premises in question. Such notice shall be delivered personally or by mail addressed to the respective owners at the address given on the last assessment roll. The mayor and city council shall decide the appeal within a reasonable period of time with regard to the purpose of the ordinance [provision]. Upon the hearing, any party may appear in person or agent.

In the event that the petitioner for an appeal remains discontented with the mayor and city council's decision on an appeal application, the petitioner shall have thirty (30) days to appeal the action to the superior court system.

(Ord. No. 548, § 24.12, 1-8-01)

Fees for the administration, inspections, submittal of rezoning, variance or conditional use applications and the issuance of permits or copies thereof required or issued under the provisions of this chapter shall be collected by the zoning administrator in advance of the issuance of such permits.

The fee for a rezoning, variance or conditional use application shall be established by the mayor and city council to cover the cost of the administration, inspection, and supervision resulting from the enforcement of this chapter.

(Ord. No. 548, § 24.12, 1-8-01)

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comforts, prosperity, and general welfare.

It is not intended by this chapter to interfere with, or abrogate, or annul any ordinance, rules, regulations, or permits previously adopted or issued and not in conflict with any of the provisions of this chapter, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises, and likewise not in conflict with this chapter; nor is it intended by this chapter to interfere with, or abrogate, or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction or requires larger open spaces, or larger lot areas than are imposed or required by such ordinance or agreements, the provisions of this chapter shall control.

(Ord. No. 548, § 25.01, 1-8-01)

Any person violating or neglecting or refusing to comply with any of the provisions of this chapter shall upon conviction thereof be deemed guilty of a misdemeanor and shall be punished by imposition of the appropriate fine or by imprisonment at the discretion of the municipal court. Each day that a violation is permitted to exist shall constitute a separate offense.

(Ord. No. 548, § 25.01, 1-8-01; Ord. No. 642, § 14, 8-14-06)