In interpreting and applying this regulation, its provisions shall be held to be the minimum requirements necessary for the promotion of public safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this regulation to interfere with or annul any easements, covenants or other agreements between parties unless they violate this regulation. When two (2) specific provisions of this regulation conflict or a provision of this regulation conflicts with any other code, statute, law, Ordinance or regulation, the most restrictive section shall apply.

There is hereby established the office of zoning administrator. It shall be the duty of the zoning administrator to enforce this regulation in accordance with the provisions hereof. The zoning administrator shall issue all building permits. All departments, officials and public employees of the City of Clarksdale vested with the duty or authority to issue other permits or licenses shall conform to the provisions of this regulation and shall not issue a permit for any use, building or purpose in conflict with the provisions of this regulation. Any permit or license issued in conflict with the provisions of this regulation shall be null and void.

It shall be unlawful to commence the excavation or filling of any lot or parcel for any construction of any building, to begin construction of any building, to commence the moving or alteration of any building, or to commence the development of land for use not requiring a building, until the zoning administrator has issued a building permit for such work. Applications for building permits for uses to be served by septic tanks shall be accompanied by a sewerage layout permit from the Coahoma County Health Department. Failure to install the septic tanks and filter field according to the layout described in the permit shall constitute a violation of this Ordinance.

1.

Findings of compliance. The zoning administrator shall act upon all applications on which he is authorized to act by the provisions of this regulation within seven (7) days after these are filed in full compliance with all the applicable requirements as specified. He shall either issue a building permit within said seven (7) days or shall notify the applicant in writing of his refusal of such permit and the reasons therefor. Failure to so notify the applicant in case of such refusal within said seven (7) days shall entitle the applicant to submit his request to the Planning Commission for recommendation to the Board of Mayor and Commissioners.

2.

Findings of noncompliance. If the zoning administrator finds that any of the provisions of this regulation are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violations and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this regulation to insure compliance with or to prevent violation of its provisions.

If the work described in any building permit has not begun within ninety (90) days from the date of issuance thereof, said permit shall expire and be canceled by the zoning administrator, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained.

Building permits are issued on the basis of plans and applications approved by the zoning administrator and authorize only the use, arrangement and construction set forth in such approved plans and applications, and any other use, arrangement or construction at variance with that authorized shall be deemed violation of this regulation.

In carrying out its functions and duties, the Planning Commission shall have authority to review and recommend applications for conditional uses and variances, and to review and make recommendations on other matters involving this regulation.

1.

Powers; conditional uses.

a.

The Planning Commission shall have the power and original jurisdiction to review, in accordance with the provisions of this regulation, applications filed for conditional uses. In considering an application for a conditional use, the Planning Commission shall give due regard to the nature and condition of all adjacent use and structures and the consistency herewith of the proposed use and development. Before recommending a use as a conditional use, the Planning Commission shall determine whether the proposed use would be hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood by reason of noise, smoke, odor, vibration, dust and dirt, cinders, noxious gases, glare and heat, fire and safety hazards, sewage wastes and pollution, transportation and traffic, and aesthetic and psychological effects. Upon review of an application for a conditional use, the Planning Commission may recommend such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in this regulation for the particular conditional use as the Planning Commission may deem necessary for the protection of adjacent properties and public interest. A conditional use shall not be recommended by the Planning Commission unless and until:

b.

A written application for a conditional use is submitted to the zoning administrator indicating the section of this regulation under which the conditional use is sought and stating the grounds on which it is requested.

c.

The Planning Commission shall make a finding that recommending the conditional use will not adversely affect the surrounding neighborhood or the public interest.

d.

The findings of the Planning Commission shall be forwarded by the zoning administrator to the Board of Mayor and Commissioners for final determination.

2.

Powers; variances.

a.

The Planning Commission shall have the power to review applications for variances from the provisions or requirements of this regulation and to recommend to vary or adapt the strict application of any of the requirements of these regulations in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case. In recommending any variance, the Planning Commission shall prescribe any conditions that it deems to be necessary or desirable. However, no variance in the strict application of any provision of these regulations shall be recommended by the Planning Commission unless it finds:

(1)

Written application for a variance has been submitted.

(2)

That there are special circumstances or conditions, fully described in the findings, applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood, and that said circumstances or conditions are such that the strict application of the provisions of these regulations would deprive the applicant of the reasonable use of such land or buildings.

(3)

That, for reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of the land or building and that the variance as recommended by the Planning Commission is the minimum variance that will accomplish this purpose.

(4)

That the granting of the variance will be in harmony with the general purpose and intent of these regulations, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In addition to considering the character and use of adjoining buildings and those in the vicinity, the Planning Commission, in determining its findings, shall take into account the number of persons residing or working in such buildings or upon such land and traffic conditions in the vicinity.

b.

The findings of the Planning Commission shall be forwarded by the zoning administrator to the Board of Mayor and Commissioners for final determination.

c.

Expiration of variances and conditional uses - Every conditional permit or variation of the application of the literal provisions of this regulation, allowed or granted, as provided in this article, shall expire and be of no force or effect six (6) months from the date thereof, unless the beneficiary of such variation or conditional permit shall have actually, within the sixth month period, put the subject property to the purpose for which such variation or conditional permit shall have been granted or allowed.

3.

Public notice required.

a.

Applications for conditional uses or variances shall be made in writing and submitted to the zoning administrator at least fifteen (15) days prior to the date when such is to be reviewed by the Planning Commission. Public notice of such application and hearing shall be provided by means of a sign or signs erected in a conspicuous location on the property, using at least one sign for every two hundred (200) feet of frontage on each street upon which the property abuts. Property shall be posted with sign at least two (2) feet by three (3) feet in size, with the lower edge of the sign at least three (3) feet above ground level in letters legible from the nearest street as follows: PUBLIC NOTICE - This property is being considered for a (conditional use) (variance). For further information contact the Zoning Administrator, City Hall, 121 Sunflower Avenue, Clarksdale, Mississippi (662-621-8142).

b.

The Planning Commission shall hold a public hearing upon the application and all persons having an interest in such application shall have the opportunity to be heard. A recommendation shall be rendered to the Board of Mayor and Commissioners within fourteen (14) days after the hearing is held.