The Mayor and Board of Aldermen act as the Governing Body for the City of Cleveland. They have authorized the establishment of the other decision-making bodies as described below. As specifically related to the Land Development Ordinance, their primary duties include, but are not limited to, the following:

A.

Appointing Committee Members. The Mayor and Board of Aldermen appoint members to the various committees and boards such as the Planning Commission, Board of Appeals, and Heritage Commission and shall determine the appropriate terms for members to serve.

B.

Hearings and Decisions. The Mayor and Board of Aldermen shall hear recommendations from the Planning Commission regarding rezoning and subdivision applications and shall make the final decision. Final approval of subdivision plats and other data shall be the responsibility of the Mayor and Board of Aldermen as prescribed by law. In regards to rezoning, the Mayor and Board of Aldermen shall also hold the appropriate public hearing and publish sufficient notice according to Article 5, Section 507. The Mayor and Board of Aldermen and the City Clerk shall hold the Official version of the Zoning Map.

The Mayor and Board of Aldermen shall hear any appeals from decisions of the Board of Appeals regarding Special Exceptions, Variances, and appeals of decisions made by the Building Official, Code Enforcement officer, and the Plan Review Committee.

The Mayor and Board of Aldermen shall hear recommendations from the Board of Appeals regarding special exceptions for restaurant uses located in the B-1 zoning district and be the body with approval authority for such uses. A notice and public hearing shall be required prior to approval of any B-1 restaurant use.

The Mayor and Board of Aldermen shall also hear recommendations from the Board of Appeals regarding special approval for the consumption of alcoholic beverages. They shall specifically review and be the only body with approval authority for all applications for facilities that provide for the consumption of beer, wine or alcoholic beverages upon the premises. Such approvals shall be personal to the applicant and therefore not transferable, may be reviewed at any time, and terminated by the Mayor and Board of Aldermen upon finding that such uses are adversely affecting the public interest. Prior to the special approval and granting of uses with the sale alcoholic beverages to be consumed upon any premises by the Mayor and Board of Aldermen, public notices shall not be required but such notices may be given within the discretion of the Mayor and Board of Aldermen.

The Mayor and Board of Aldermen shall also hear appeals from the Heritage Commission and shall designate historic districts, landmarks, or sites in consultation with the Heritage Commission.

The City of Cleveland Planning Commission is authorized and directed to advise and assist the Mayor and Board of Aldermen in the administration and coordination of these regulations. The Department of Community Development is authorized and directed to enforce all provisions of this Land Development Ordinance.

The Planning Commission is charged with the responsibility of reviewing and making recommendations to the Mayor and Board of Aldermen regarding amendments to Article 6, Zoning and to the Official Zoning Map and regarding preliminary subdivision plat approval. Where the Plan Review Committee feels additional review is necessary, the Planning Commission may also be responsible for reviewing and approving site plans for multi-family and other non-residential developments in Cleveland.

The City of Cleveland Planning Commission is also designated as the Board of Appeals. The Planning Commission and/or Board of Appeals shall adopt rules necessary to the conduct of its affairs and in accordance with the provisions of this Ordinance.

An appeal stays all proceedings in furtherance of the action appealed from unless a stay would cause eminent peril to life or property as certified to the Board of Appeals by the officer from whom the appeal is taken. In such cases, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Appeals or by a Court of Record, on application or notice to the officer from whom the appeal is taken and on cause shown.

The Board of Appeals shall have the following powers and duties:

A.

Administrative Review. To hear and decide appeals from persons aggrieved by any officer, department, board or bureau of the City of Cleveland, or affected by any decision of the Building Official, Code Enforcement Officer, or Plan Review Committee; OR where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Ordinance. Upon the hearing of an appeal, the Board of Appeals is empowered to permit the following exceptions:

1.

To permit the extension of a zoning use district where the boundary line of a district divides a lot or parcel of land in single ownership as shown on record, provided the distance involved does not exceed fifty (50) feet.

2.

To permit the erection and use of a building or the use of premises in any location of a public service corporation for public utility purposes which the Board deems reasonably necessary for the public convenience or welfare.

3.

To interpret the provisions of this Ordinance, where street layout actually on the ground varies from the street layout as shown by the Official Zoning Map.

4.

The Board of Appeals shall make a finding, and may grant the special exception as authorized, provided such special exception will not adversely affect the public interest.

5.

In the granting of any exception or special exception, the Board of Appeals 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 special exception is granted, shall be deemed a violation of this Ordinance and shall be punishable under Article 3 of this Ordinance.

6.

Every special exception authorized shall not be personal to the applicant, but shall be transferable and shall run with the land until change pursuant to the provisions of this Ordinance for changes or amendments.

7.

The Board of Appeals shall prescribe a time limit which action on the special exception will be commenced, completed, or both. Failure to commence or complete such action within the time limit set shall void the special exception.

B.

Variances.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 Appeals is empowered to authorize upon an appeal relating to such property, a variation from such strict application so as to relieve such difficulties or hardships. For example, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the original adoption of the regulations, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, or by reason of the location of trees, natural drainage courses, lakes or other desirable or attractive features, which condition is not generally prevalent in the neighborhood.

The potential for economic loss or gain on the part of the applicant resulting from the action of the Board of Appeals shall not be considered a sufficient basis for the approval of any variance. The fact that an owner could realize a greater financial return by a use of his property that is contrary to these regulations is not a sufficient reason for change. Hardship cannot be proved where it can be shown that property was purchased with the knowledge of existing restrictions, nor can hardship be claimed in terms of prospective sales or potential customers.

C.

Nonconforming Uses. The Board of Appeals is further granted the power and authority to permit extensions and enlargements to existing buildings being utilized for nonconforming uses, provided the total of such extensions or enlargements shall not exceed 25 percent of the total area of the existing principal structure and shall not infringe on the side, front and rear yard requirements for the particular district in which the nonconforming use is located, and provided further that the Board of Appeals shall first find that such extension or enlargement does not result in a diminution of conforming uses, will not be detrimental to and will not tend to alter the character of the neighborhood.

D.

Exercising of Powers Granted. In the exercising of the powers granted, such Board of Appeals may, in conformity with the provisions of this Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decisions, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the office from whom the appeal is taken.

E.

Consideration of Appeals. In any consideration of all appeals, the Board of Appeals shall, before making any finding in a specific case, first determine that the proposed change will not constitute change in the Official Zoning Map and will not impair an adequate supply of light and air to adjacent property or impair established property values within the surrounding area or in any other respect impair the public health, safety, comfort, morals, and general welfare of the City of Cleveland.

F.

Required Appeal Vote. The concurring vote of two-thirds of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of an administrative official.

The Cleveland Heritage Commission has been duly established and is reaffirmed by this Ordinance to preserve, promote, and develop the City's historical resources and to advise the City on the designation of preservation districts, landmarks, and landmark sites and perform such other functions as may be provided by law.

A Plan Review Committee for the City of Cleveland, Mississippi, is re-established and confirmed through this Ordinance. The Committee shall have the structure, powers and functions as described below. The Committee consists of the following City staff members: Building Official, City Engineer, and Fire Inspector. This Committee shall review Development Plans submitted for multi-family and all non-residential developments within the City based on requirements and criteria discussed in Article 5, Section 509 and Article 10. The Plan Review Committee manages any amendments or modifications to previously approved Development Plans. The Plan Review Committee is also charged with reviewing any applications for preliminary and final subdivision plats and makes recommendations to the Planning Commission and Board of Aldermen thereof. The Plan Review Committee reviews all non-single-family residential building permit applications and building plans as covered in this Ordinance. Any appeals of the Plan Review Committee's decisions are heard by the Board of Appeals.